CM-2020-049 - 2/14/2020CITY OF ROUND ROCK AGREEMENT FOR
WATER SAMPLE ANALYSIS SERVICES
WITH
LOWER COLORADO RIVER AUTHORITY —
ENVIRONMENTAL LABORATORY SERVICES
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for water sample analysis services (the "Agreement'), is made by
and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with
offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and the
LOWER COLORADO RIVER AUTHORITY, a conservation and reclamation district of the
State of Texas, acting through its — ENVIRONMENTAL LABORATORYSERVICES, 3505
Montopolis Drive, Austin, Texas 78664 ("LCRA-ELS").
RECITALS:
WHEREAS, services pertaining to water sample testing, are desired by the City; and
WHEREAS, City desires to contract with LCRA-ELS for said services; and
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE, DURATION, AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto, and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein, or is terminated or extended as provided herein.
B. This term of this Agreement shall be for twelve (12) months from the effective
date as defined herein.
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C. City and the LCRA-ELS reserve the right to review the Agreement at any time,
and may elect to terminate the Agreement with or without cause or may elect to continue.
2.0 SCOPE OF SERVICES
LCRA-ELS has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A" titled "Scope of Services," which shall be referred to as the
Scope of Services of this Agreement and incorporated herein by reference for all purposes.
LCRA-ELS shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." LCRA-ELS shall perform services in accordance with this Agreement, in
accordance with the appended Scope of Services and in accordance with due care and prevailing
consulting industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
LCRA-ELS's undertaking shall be limited to performing services for City and/or
advising City concerning those matters on which LCRA-ELS has been specifically engaged.
LCRA-ELS and City agree that the Scope of Services to be performed is enumerated in Exhibit
"A" and herein, and may be increased during the term of the Agreement, but only with a written
Supplemental Agreement executed by both parties as described in Section 9.0.
4.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by LCRA-ELS,
City agrees to pay LCRA-ELS an amount not -to -exceed Twenty -Seven Thousand Seven
Hundred Forty -Four and No1100 Dollars ($27,744.00) for the term of the Agreement as set
forth in Exhibit "A."
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, LCRA-ELS shall prepare and submit a detailed invoice to
the City, in accordance with the delineation contained herein, for services rendered. Such invoice
for professional services shall track the referenced Scope of Work, and shall detail the services
performed, along with documentation for each service performed. Payment to LCRA-ELS shall
be made on the basis of the invoice submitted by LCRA-ELS and approved by the City. Such
invoice shall conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by the City relative to service
deliverables, LCRA-ELS shall comply promptly. In this regard, should the City determine it
necessary, LCRA-ELS shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoice: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to LCRA-ELS and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
LCRA-ELS promptly, but no later than the time period required under the Texas Prompt
Payment Act described in Section 7.01 herein. Under no circumstances shall LCRA-ELS be
entitled to receive interest on payments which are late because of a good faith dispute between
LCRA-ELS and the City or because of amounts which the City has a right to withhold under this
Agreement or state law. The City shall be responsible for any sales, gross receipts or similar
taxes applicable to the services, but not for taxes based upon LCRA-ELS's net income.
6.0 INSURANCE
LCRA-ELS shall meet all City of Round Rock Insurance Requirements set forth at:
httr)s://www.roundrocktexas.,ov/u-content/u loads/2014/I2/corr insurance 07.20112. df
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, Texas Government Code, any payment to be made by
the City to LCRA-ELS will be made within thirty (30) days of the date the City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. LCRA-ELS may charge interest on an overdue payment at the "rate in effect" on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by the City in the event:
(a) There is a bona fide dispute between the City and LCRA-ELS, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between LCRA-ELS and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction
on the purchase order relating to the payment.
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may affect
such termination by giving LCRA-ELS a written notice of termination at the end of its then -
current fiscal year.
9.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed
by both parties within the period specified as the term of this Agreement. LCRA-ELS shall not
perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. LCRA-ELS shall make no claim for extra work done or materials
furnished unless and until there is full execution of any Supplemental Agreement, and the City
shall not be responsible for actions by LCRA-ELS nor for any costs incurred by LCRA- ELS
relating to additional work not directly authorized by Supplemental Agreement.
1E0.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by LCRA-ELS that the City or LCRA-ELS
may terminate this Agreement for the convenience of the City or LCRA-ELS, upon thirty (30)
days' written notice to the other party, with the understanding that immediately upon receipt of
said notice all work being performed under this Agreement shall cease. LCRA-ELS shall invoice
the City for work satisfactorily performed and shall be compensated in accordance with the terms
hereof for work performed prior to the receipt of said notice of termination. LCRA- ELS shall
not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this Project shall become the property of the City upon termination of this Agreement, and shall
be promptly delivered to the City in a reasonably organized form without restriction on future
use. Should the City subsequently contract with a new vendor for continuation of service on the
Project, LCRA-ELS shall cooperate in providing infonnation.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
terminating party and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if the
Party provides the other Party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the Parties).
. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations,
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except that termination under this section shall not relieve the terminated party of any obligations
or liabilities which arose, occurred, or were incurred prior to termination.
Nothing contained in this section shall require the City to pay for any work which it
reasonably deems unsatisfactory, or which is not performed in compliance with the terms of this
Agreement.
11.0 RESERVED
12.0 INDEPENDENT CONTRACTOR STATUS
LCRA-ELS is an independent contractor, and is not the City's employee. LCRA-ELS's
employees or subcontractors are not the City's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. LCRA-ELS and the City agree to the following rights
consistent with an independent contractor relationship:
(1) LCRA-ELS has the right to perform services for others during the term hereof
(2) LCRA-ELS has the sole right to control and direct the means, manner and method
by which it performs its services required by this Agreement.
(3) LCRA-ELS has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) LCRA-ELS or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help LCRA-
ELS.
(5) Neither LCRA-ELS nor its employees or subcontractors shall receive training
from the City in skills necessary to perform services required by this Agreement.
(d) City shall not require LCRA-ELS or its employees or subcontractors to devote
full time to performing the services required by this Agreement.
(7) Neither LCRA-ELS nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
13.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by LCRA-
ELS in connection with services to be performed under this Agreement, and any and all data and
information gathered by LCRA-ELS, shall be held in confidence by LCRA-ELS as set forth
hereunder, subject to LCRA-ELS's obligations under the Texas Public Information Act. Each
party agrees to take reasonable measures to preserve the confidentiality of any proprietary or
confidential information relative to this Agreement, and to not make any use thereof other than
for the performance of this Agreement, provided that no claim may be made for any failure to
protect information that occurs more than three (3) years after the end of this Agreement.
The parties recognize and understand that each party is subject to the Texas Public
Information Act, and their respective duties run in accordance therewith.
All data relating specifically to the City's business and any other information which the
City expressly identifies as confidential is confidential information of City. LCRA-ELS's
proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how,
and any other information which reasonably should be understood to be confidential to LCRA-
ELS is confidential information of LCRA-ELS. The City's confidential information and LCRA-
ELS's confidential information is collectively referred to as "Confidential Information." Each
party shall use Confidential Information of the other party only in furtherance of the purposes of
this Agreement and shall not disclose such Confidential Information to any third party without
the other party's prior written consent, which consent shall not be unreasonably withheld. Each
party agrees to take reasonable measures to protect the confidentiality of the other parry's
Confidential Information and to advise their employees of the confidential nature of the
Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to LCRA-ELS's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit LCRA-ELS from providing similar services for other clients.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to LCRA-ELS's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit LCRA-ELS from providing similar services for other clients.
Neither the City nor LCRA-ELS will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the parry's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
LCRA-ELS shall own any general skills, know-how, expertise, ideas, concepts, methods,
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techniques, processes, software, or other similar infonnation which may have been discovered,
created, developed or derived by LCRA-ELS either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). LCRA-ELS shall have the right to
retain copies of the Deliverables and other items for its archives, and may also retain copies of
the Deliverables to the extent required under Texas Local Government Code chapter 201. LCRA-
ELS's working papers and LCRA-ELS's Confidential Information (as described herein) shall
belong exclusively to the LCRA-ELS. "Working papers" shall mean those documents prepared
by LCRA-ELS during the course of performing the Project including, without limitation,
schedules, analyses, transcriptions, memos, designed and developed data visualization
dashboards and working notes that serve as the basis for or to substantiate the Project. In
addition, LCRA-ELS shall retain sole and exclusive ownership of its know-how, concepts,
techniques, methodologies, ideas, templates, dashboards, code and tools discovered, created or
developed by LCRA-ELS during the performance of the Project that are of general application
and that are not based on City's Confidential Information hereunder (collectively, "LCRA-ELS's
Building Blocks"). To the extent any Deliverables incorporate LCRA-ELS's Building Blocks,
LCRA-ELS gives City a non-exclusive, non -transferable, royalty -free right to use such Building
Blocks solely in connection with the deliverables. Subject to the confidentiality restrictions
mentioned above, LCRA-ELS may use the deliverables and the Building Blocks for any purpose.
Except to the extent required by law or court order, City will not otherwise use, or sublicense or
grant any other party any rights to use, copy or otherwise exploit or create derivative works from
LCRA- ELS's Building Blocks.
City shall have a non-exclusive, non -transferable license to use LCRA-ELS's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
14.0 WARRANTIES
LCRA-ELS represents that all services performed hereunder shall be perfonmed
consistent with generally prevailing professional or industrial standards, and shall be performed
in a professional and workmanlike manner. LCRA-ELS shall re -perform any work not in
compliance with this representation.
15.0 LIMITATION OF LIABILITY
Should any of LCRA-ELS's services not conform to the requirements of the City or of
this Agreement, then and in that event the City shall give written notification to LCRA-ELS;
thereafter, (a) LCRA-ELS shall either promptly re -perform such services to the City's
satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the
cure period set forth herein, then this Agreement may be terminated for default.
In no event will LCRA-ELS be liable for any loss, damage, cost or expense attributable
to negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
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Neither party's liability, in contract, tort (including negligence) or any other legal or
equitable theory, (a) shall exceed the professional fees paid or due to LCRA-ELS pursuant to this
Agreement or (b) include any indirect, incidental, special, punitive or consequential damages,
even if such party has been advised of the possibility of such damages. Such excluded damages
include, without limitation, loss of data, loss of profits and loss of savings of revenue.
16.0 NO WAIVER OF IMMUNITY
Nothing in this Agreement is or may be construed as a waiver of any applicable
sovereign or governmental immunity applicable to or enjoyed by either party.
17.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
18.0 LOCAL, STATE AND FEDERAL TAXES
LCRA-ELS shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from LCRA-ELS's payments or make FICA payments on its
behalf,
(2) Make state and/or federal unemployment compensation contributions on LCRA-
ELS's behalf; or
(3) Withhold state or federal income tax from any of LCRA-ELS's payments.
If requested, the City shall provide LCRA-ELS with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A LCRA-ELS, its LCRA-ELSs, agents, employees and subcontractors shall use best
efforts to comply with all applicable federal and state laws, and with all applicable rules and
regulations promulgated by local, state and national boards, bureaus and agencies. LCRA-ELS
shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of
the services contracted for herein, and same shall belong solely to the City at the expiration of
the term of this Agreement.
20.0 RESERVED
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21.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Michael Thane
Utilities and Environmental Services Director
3400 Sunrise Road
Round Rock, TX 78665
(512) 218-3236
22.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
(1) When delivered personally to recipient's address as stated herein; or
(2) Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to LCRA-ELS:
LCRA Environmental Laboratory Services
3505 Montopolis Drive
Austin, Texas 78744
WITH A COPY TO:
Lower Colorado River Authority
Office of the General Counsel
P.O. Box 220
Austin, TX 78767
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and LCRA-ELS.
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23.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of Texas.
24.0 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties expressly
agree that, in the event of any conflict between the terms of this Agreement and any other
writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any
of the parties unless acknowledged in writing by the duly authorized governing body or
representative for each party.
25.0 DISPUTE RESOLUTION
The City and LCRA-ELS hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
26.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion of
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
FAFAI=M,IIMa1711S111J W11MIlk7d
LCRA-ELS represents that it is competent to perform all of the services, responsibilities
and duties specified herein and that such services, responsibilities and duties shall be performed,
whether by LCRA-ELS or designated subcontractor, according to generally accepted business
practices.
28.0 RESERVED
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29.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
30.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. LCRA-ELS agrees that time is of importance and that any failure
of LCRA-ELS to complete the services for each Phase of this Agreement within the agreed
Exhibit "A" may constitute a material breach of the Agreement.
LCRA-ELS shall be fully responsible for its delays or for failures to use reasonable
efforts in accordance with the terms of this Agreement. Where damage is caused to City due to
LCRA-ELS's failure to perform in these circumstances, City may withhold, to the extent of such
damage, LCRA-ELS's payments hereunder without a waiver of any of City's additional legal
rights or remedies. City shall render decisions pertaining to LCRA-ELS's work promptly to
avoid unreasonable delays in the orderly progress of LCRA-ELS's work.
Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default in performance of any obligation hereunder shall constitute an event of default
or breach of this Agreement, only to the extent that such failure to perform, delay or default
arises out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other Iabor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide LCRA-ELS
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas LCRA Environmental Laboratory
Date Signed: 1—.I''Q
For City, Attest:
By:/Wr' VL &#
Sara L. White, City Clerk
For City, Approved as to Form:
By: "- i� " L-1 lid,
Step } . Sheets, C tty Attorney
I?
Services
By: %i t�
Printed Name: _Apw cL
Title: I e
Date Signed: ►
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Quotation Contract
LCRA Environmental Laboratory Services
3505 Montopolis Drive
Austin, TX 78744
Phone (512)730-5339
E-mail jason_woods@icra_org
Contact
CITY OF ROUND ROCK
BRANDON PRITCHETT
City of Round Rock
2008 ENTERPRISE DR
Round Rock, TX 78664
E-mail BPRITCHETT@roundrocktexas.gov
Project Manager
Bhanu Acharya
Environmental Laboratory Service
3505 Montopolis Drive
Austin, TX 78744
Line Item Details
Quote # Expiration Date
95685 12/31 /2020
Description
Water Quality Parameters
Analysis
Item Code
Description
Unit
Matrix TAT Price
Extended
city Price
t
Water Quality Parameter Routine Samples
DW
$0.00
112
$23,744.00
WQP-OP
WQP Ortho-Phosphate
I
10
$0.00
WQPRoutine
WQP Routine Suite
10
$212.00
DW - Drinking Water
Total
$23,744.00
TAT - Turn around time in business days
Notes
Quote is based on the analysis of samples for Routine Suite which includes Alkalinity, Conductivity, Calcium,
manganese, Iron, Sodium, Hardness, Chloride, Sulfate and TDS. Orthophosphate is analysed if inhibitors
containing PO4. The results to be provided within 7-10 working days of sample receipt.
Terms - Effective Date September, 2016
This quote is valid until 12/31/2020.
Acceptance of Samples
The Lower Colorado River Authority (LCRA) Environmental Laboratory Services (ELS) will accept samples and
perform services in accordance with these terms and conditions. No modifications to these terms and conditions
will be valid or binding unless in writing and signed by authorized representatives of both the Customer and ELS.
ELS reserves the right to refuse or revoke receipt of any sample due to insufficient sample volume, improper
sample container, unacceptable customer credit, or risk of handling for any health, safety, regulatory,
environmental, holding time issues or any other reason, at the discretion of ELS.
ELS also reserves the right to terminate any work being done or work promised on samples accepted for ELS's
sole convenience. In the event of such termination, ELS will notify all affected Customers as soon as possible.
Payment & Invoicing
Customer must pay for all services by check or credit card upon delivery of sample to ELS unless other billing
arrangements are agreed to by ELS and Customer. Invoices will be issued monthly following the completion of
services. All payments are due 30 days from receipt of the invoice. A one percent (1 %) per month late fee will be
Tuesday October 22, 2019 11.00 59 AM
Page 1 of 3
Exhibit "A"
Quotation Contract
Quote # Expiration Date
95685 12/31 /2020
assessed on unpaid invoices after the due date. Customers that have outstanding balances equal to or greater
than 90 days must make payment in full at the time of sample delivery.
Quoted Fees
Written quoted fees for all services to be performed by the ELS will be honored for a period of thirty (30) days from
the quotation date unless otherwise specified by ELS in writing.
Costs for Compliance
All costs associated with compliance with any subpoena for documents, testimony, or assistance, or for any other
purpose relating to work performed by ELS for the Customer, will be paid by the Customer or requesting party.
Such costs will include, but not be limited to, hourly charges for each staff member, travel and accommodations,
mileage, and any other miscellaneous expenses incurred.
Use of Data
The Customer is solely responsible for determining what actions are required as a result of the data, information,
recommendations, interpretations, and opinions provided by ELS. The Customer also assumes sole responsibility
for determining whether the nature, type, and quantity of work requested by the Customer is adequate and
sufficient for the Customer's intended purpose. Customer hereby indemnifies and releases ELS from and against
any and all liabilities arising out of, related to, or resulting from Customer's incorrect or inappropriate use of any
data or opinions provided to it by ELS.
Reports
ELS will deliver approved final reports and/or electronic data including any Customer -approved subcontract
laboratory data by the agreed upon due date. Reports may not be reproduced, except in full, without prior written
approval by ELS. Reports or copies of reports will not be provided to any person or representative other than the
Customer without the Customer's written authorization, except as may be required by law.
Confidentiality
Strict confidentiality is maintained regarding all Customer transactions and results. Where information is lawfully
subpoenaed, must be released to a regulatory or other legal entity with jurisdiction, or disclosure of documents is
otherwise required by law, the Customer will be promptly notified.
Confidential, trade secret, and privileged information provided to ELS by Customer, including sample content,
analysis, and Reports, is protected from public access by exceptions to the Texas Public Information Act ("PIA"), to
which LCRA is subject. ELS will assert the appropriate exception to withhold Customer information requested
under the PIA. Customer may be asked by ELS to provide assistance in asserting exceptions to the PIA (e.g.,
explanation of competitive position, treatment of trade secrets, etc.). Customer agrees to assist ELS in protection
of Customer's information.
Sample Disclosures
Customer agrees that all samples delivered to the ELS will be accompanied by a properly completed chain -of -
custody form disclosing the presence of any contaminated, toxic, or hazardous substances known or suspected to
be contained in such samples. ELS shall reject any samples received without a valid chain of custody form.
Analytical Errors
Upon request by the Customer, ELS will reanalyze samples whenever test results are suspect. Should the results
of the second analysis substantially agree with those of the first, the Customer will pay for the cost of the second
analysis. However, if the result of the second analysis materially differs from the first, then Customer will not be
charged for the second analysis.
Holding Times
All samples must be delivered to ELS within one-half of the applicable holding time. ELS shall not assume any
responsibility for missed holding times for samples submitted outside this criterion. To meet holding time for
subcontract samples, ELS may make arrangements for the Customer to deliver samples directly to the
subcontract lab.
Sample Retention & Disposal
Tuesday, October 22, 2019 11:01-.00 AM
Page 2of3
Exhibit "A"
Quotation Contract
Quote # Expiration Date
95685 12/31 /2020
Samples are stored for 30 days upon transmitting final analysis results to the Customer. After 30 days, samples
are disposed of properly. However, Customer may request additional storage time at a storage fee of $50 per
month per sample.
Hazardous Waste
Any samples found to be or suspected of being hazardous or containing hazardous substances according to state
and federal regulations will be disposed of at submitting Customer's expense.
Turnaround Time (TAT)
Turnaround times (TAT) are based on full "working days" which are defined as 8:00 A.M. to 5:00 P.M. Monday
through Friday, excluding holidays. Standard TAT is 7 working days from the day starting after sample receipt.
However, TAT may be longer depending upon the tests requested and the same matrix. TAT for samples
subcontracted to a Customer -approved laboratory is based on the agreed target due date between all parties (i.e.,
the Customer, the ELS and the subcontract laboratory).
Expedited Service
Expedited service is available upon approval by ELS and written authorization from the Customer. Service charge
amounts added to the total cost of service will be applied as follows;
< or = to 24 hrs: 4 X cost of service
2 to 3 days: 3 X cost of service
4 to 6 days: 2 X cost of service
Non -Standard Services
On sample matrices or analytes for which no official or validated test method exists, usage of an accepted method
for a different type of sample or analyte or method development, in some situations, may be offered. In such
cases, no guarantee of the success of the method or warranty will be provided. The Customer will be notified of
the alternate method proposed, and only after its approval, will analyses begin. Approval by the Customer of the
alternate method obligates the Customer for payment for that work, regardless of result obtained.
Warranty
Where applicable, ELS will use analytical methodologies in accordance with the U.S. Environmental Protection
Agency (EPA), state agency, or other recognized and approved source.
ELS warrants that it possesses and maintains all licenses, accreditations, and certifications that are required to
perform services under these terms and conditions, provided that such requirements are documented in writing to
ELS prior to sample delivery acceptance. ELS will notify the Customer in writing of any decertification or
revocation of any license, or notice of either that affects work in progress.
The foregoing express warranty is exclusive and is given in lieu of all other warranties, whether express, implied,
or statutory. The ELS disclaims any other warranties, whether express, implied, or statutory, including a warranty
of fitness for particular purpose and warranty of merchantability. The ELS is not responsible for any of the
purposes for which the Customer may use ELS test results.
Liability
Customer agrees that the maximum liability of ELS for all claims of any kind whether based on contract, indemnity,
warranty, tort (including negligence & strict liability), or otherwise, arising out of, connected with, or resulting from
the performance or breach thereof, or from any goods or services covered by or furnished under these terms and
conditions or any extension or expansion, is limited to the amounts paid or payable by the Customer for the goods
or services giving rise to such claims.
Accepted by:
Signed: Title:
Name: BRANDON PRITCHETT Date:
Tuesday October 22, 2019 11 01;00 AM
Page 3 of 3
Exhibit "A"
Quotation Contract
LCRA Environmental Laboratory Services
3505 Montopolis Drive
Austin, TX 78744
Phone (512)730-5339
E-mail jason.woods@lcra.org
Contact Quote # Expiration Date
CITY OF ROUND ROCK 94920 7/31/2020
P
Bhanu Acharya
Environmental Laboratory Service
3505 Montopolis Drive
Austin, TX 78744
Line Item Details
Description
LEAD AND COPPER SAMPLES
Analysis Unit Extended
Item Code Description Matrix TAT Price oty Price
1 LEAD AND COPPED ANALYSIS DW $40.00 100 1 $4,000.00
200.8DM E200.8 DW Turb NoF!k mg1L 10 $40.00
DW - Drinking Water Total $4,000.00
TAT- Tum around time in business days
Notes
QUOTE BASED ON 100 SAMPLES FOR TCEQ LEAD AND COPPER PROGRAM FROM JULY-DEC
MONITORING PERIOD. PRICE INCLUDES BOTTLES, RETURN SHIPPING AND TRANSMISSION OF DATA
TO TCEQ WHEN REPORT HAS BEEN GENERATED. ANY ADDITIONAL BOTTLES Wit BE CHARGE EXTRA.
Terms - Effective Date September, 2016
This quote is valid until 7/31/2020.
Acceptance of Samples
The Lower Colorado River Authority (LCRA) Environmental Laboratory Services (ELS) will accept samples and
perform services in accordance with these terms and conditions. No modifications to these terms and conditions
will be valid or binding unless in writing and signed by authorized representatives of both the Customer and ELS.
ELS reserves the right to refuse or revoke receipt of any sample due to insufficient sample volume, improper
sample container, unacceptable customer credit, or risk of handling for any health, safety, regulatory,
environmental, holding time issues or any other reason, at the discretion of ELS.
ELS also reserves the right to terminate any work being done or work promised on samples accepted for ELS's
sole convenience. In the event of such termination, ELS will notify all affected Customers as soon as possible.
Payment & Invoicing
Customer must pay for all services by check or credit card upon delivery of sample to ELS unless other billing
arrangements are agreed to by ELS and Customer. Invoices will be issued monthly following the completion of
services. All payments are due 30 days from receipt of the invoice. A one percent (1 %) per month late fee will be
assessed on unpaid invoices after the due date. Customers that have outstanding balances equal to or greater
than 90 days must make payment in full at the time of sample delivery.
Quoted Fees
Written quoted fees for all services to be performed by the ELS will be honored for a period of thirty (30) days from
the quotation date unless otherwise specified by ELS in writing.
Costs for Compliance
Tuesday, October 22, 2019 10.18-47 AM
Page 1 of 3
Exhibit "A"
Quotation Contract
Quote # Expiration Date
94920 7/31 /2020
All costs associated with compliance with any subpoena for documents, testimony, or assistance, or for any other
purpose relating to work performed by ELS for the Customer, will be paid by the Customer or requesting party.
Such costs will include, but not be limited to, hourly charges for each staff member, travel and accommodations,
mileage, and any other miscellaneous expenses incurred.
Use of Data
The Customer is solely responsible for determining what actions are required as a result of the data, information,
recommendations, interpretations, and opinions provided by ELS. The Customer also assumes sole responsibility
for determining whether the nature, type, and quantity of work requested by the Customer is adequate and
sufficient for the Customer's intended purpose. Customer hereby indemnifies and releases ELS from and against
any and all liabilities arising out of, related to, or resulting from Customer's incorrect or inappropriate use of any
data or opinions provided to it by ELS.
Reports
ELS will deliver approved final reports and/or electronic data including any Customer -approved subcontract
laboratory data by the agreed upon due date. Reports may not be reproduced, except in full, without prior written
approval by ELS. Reports or copies of reports will not be provided to any person or representative other than the
Customer without the Customer's written authorization, except as may be required by law.
Confidentiality
Strict confidentiality is maintained regarding all Customer transactions and results. Where information is lawfully
subpoenaed, must be released to a regulatory or other legal entity with jurisdiction, or disclosure of documents is
otherwise required by law, the Customer will be promptly notified.
Confidential, trade secret, and privileged information provided to ELS by Customer, including sample content,
analysis, and Reports, is protected from public access by exceptions to the Texas Public Information Act ("PIA"), to
which LCRA is subject. ELS will assert the appropriate exception to withhold Customer information requested
under the PIA. Customer may be asked by ELS to provide assistance in asserting exceptions to the PIA (e.g.,
explanation of competitive position, treatment of trade secrets, etc.). Customer agrees to assist ELS in protection
of Customer's information.
Sample Disclosures
Customer agrees that all samples delivered to the ELS will be accompanied by a properly completed chain -of -
custody form disclosing the presence of any contaminated, toxic, or hazardous substances known or suspected to
be contained in such samples. ELS shall reject any samples received without a valid chain of custody form.
Analytical Errors
Upon request by the Customer, ELS will reanalyze samples whenever test results are suspect. Should the results
of the second analysis substantially agree with those of the first, the Customer will pay for the cost of the second
analysis. However, if the result of the second analysis materially differs from the first, then Customer will not be
charged for the second analysis.
Holding Times
All samples must be delivered to ELS within one-half of the applicable holding time. ELS shall not assume any
responsibility for missed holding times for samples submitted outside this criterion. To meet holding time for
subcontract samples, ELS may make arrangements for the Customer to deliver samples directly to the
subcontract lab.
Sample Retention & Disposal
Samples are stored for 30 days upon transmitting final analysis results to the Customer. After 30 days, samples
are disposed of properly. However, Customer may request additional storage time at a storage fee of $50 per
month per sample.
Hazardous Waste
Any samples found to be or suspected of being hazardous or containing hazardous substances according to state
and federal regulations will be disposed of at submitting Customer's expense.
Turnaround Time (TAT)
Tuesday, October 22, 2019 10 18 47 AM
Page 2 of 3
Exhibit "A"
Quotation Contract
E9492
# Expiration Date
0 7/31 /2020
Turnaround times (TAT) are based on full "working days" which are defined as 8:00 A.M. to 5:00 P.M. Monday
through Friday, excluding holidays. Standard TAT is 7 working days from the day starting after sample receipt.
However, TAT may be longer depending upon the tests requested and the same matrix. TAT for samples
subcontracted to a Customer -approved laboratory is based on the agreed target due date between all parties (i.e.,
the Customer, the ELS and the subcontract laboratory).
Expedited Service
Expedited service is available upon approval by ELS and written authorization from the Customer. Service charge
amounts added to the total cost of service will be applied as follows:
< or = to 24 hrs: 4 X cost of service
2 to 3 days: 3 X cost of service
4 to 6 days: 2 X cost of service
Non -Standard Services
On sample matrices or analytes for which no official or validated test method exists, usage of an accepted method
for a different type of sample or analyte or method development, in some situations, may be offered. In such
cases, no guarantee of the success of the method or warranty will be provided. The Customer will be notified of
the alternate method proposed, and only after its approval, will analyses begin. Approval by the Customer of the
alternate method obligates the Customer for payment for that work, regardless of result obtained.
Warranty
Where applicable, ELS will use analytical methodologies in accordance with the U.S. Environmental Protection
Agency (EPA), state agency, or other recognized and approved source.
ELS warrants that it possesses and maintains all licenses, accreditations, and certifications that are required to
perform services under these terms and conditions, provided that such requirements are documented in writing to
ELS prior to sample delivery acceptance. ELS will notify the Customer in writing of any decertification or
revocation of any license, or notice of either that affects work in progress.
The foregoing express warranty is exclusive and is given in lieu of all other warranties, whether express, implied,
or statutory. The ELS disclaims any other warranties, whether express, implied, or statutory, including a warranty
of fitness for particular purpose and warranty of merchantability. The ELS is not responsible for any of the
purposes for which the Customer may use ELS test results.
Liability
Customer agrees that the maximum liability of ELS for all claims of any kind whether based on contract, indemnity,
warranty, tort (including negligence & strict liability), or otherwise, arising out of, connected with, or resulting from
the performance or breach thereof, or from any goods or services covered by or furnished under these terms and
conditions or any extension or expansion, is limited to the amounts paid or payable by the Customer for the goods
or services giving rise to such claims.
Accepted by:
Signed: Title:
Name:
Date:
Tuesday, October 22. 2019 10 18 47 AM
Page 3 of 3
City of Round Rock
TE"s°°ROa` Agenda Item Summary
Agenda Number:
Title: Consider executing an Agreement with Lower Colorado River Authority -
Environmental Laboratory Services for Water Sample Analysis Services
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/14/2020
Dept Director: Michael Thane, Utilites and Evironmental Services Director
Cost: $4,000.00
indexes: Utility Fund
Attachments: Agmt
Department: Utilities and Environmental Services
Text of Legislative File CM-2020-049
The Lower Colorado River Authority (LCRA) Environmental Laboratory is one of the only Texas
Commission on Environmental Quality (TCEQ)-Approved water laboratories in our region that
can perform lead and copper analysis on water samples. The City has chosen this laboratory
due to its close proximity and our ability to easily deliver the samples to this lab. Other
TCEQ-Approved water laboratories in the state would create the burden of transporting water
samples, which could create significant problems for the water utility if there was a damaged
sample in transport. Two approved laboratories provided quotes for this project at the exact
same price; however, LCRA is closer in proximity to our location than the other vendor. The
City is required to collect 100 water samples from throughout the water distribution system and
analyze them for lead and copper. Each analysis costs $40.00 per sample for a total cost of
$4000.00.
Cost. $4,000
Source of Funds: Utility Fund
City of Round Rock Pape 1 Pdnted on 2/13/2020