HomeMy WebLinkAboutContract 39963 (2)cwmcf
No.
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered
into by and between the CITY OF FORT WORTH (the "City" or "Customer"), a home rule
municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting
by and through its duly authorized Assistant City Manager, and CHEMWARE INC.,
("ChemWare" or "Consultant'), a North Carolina corporation, with its principal office at 900
Ridgefield Drive, Suite 150, Raleigh, North Carolina, 27609, and acting by and through, its duly
authorized president and CEO.
CONTRACT DOCUMENTS
This Agreement shall consist of the following documents:
1.
This Professional Services Agreement
2.
Attachment A — Software License Agreement
3.
Attachment B — Software Maintenance Agreement
4.
Attachment C — Statement of Work
5.
Attachment D — Requirements Matrix
6.
Attachment E — Payment Schedule
7.
Attachment F — Hardware Infrastructure
8.
Attachment G — Instrument List
9.
Attachment H — Test Methods
10.
Attachment I — Report Customization
11.
Attachment J — Network Access Agreement
-� All Attachments are affixed hereto, incorporated herein, and made a part of this Agreement for
all purposes. In the event of a conflict between the documents, the order of precedence shall be
(1) Professional Services Agreement, (2) the Statement of Work, (3) Software License
Agreement, (4) Requirements Matrix, and (5) Software Maintenance Agreement.
Notwithstanding the foregoing, the Network Access Agreement shall take precedence in any
conflicting matters related to computer or network security.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional consulting services for
the purpose of providing Laboratory Information Management System (LIMS) implementation
and support. Attached hereto and incorporated for all purposes incident to this Agreement is
Attachment "C," Statement of Work, more specifically describing the services to be provided
hereunder.
2. TERM,
This Agreement shall commence upon execution by the City ("Effective Date") and shall
expire upon completion of all services contemplated herein, but not later than March 1, 2011,
unless terminated earlier in accordance with the provisions of this Agreement.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed $349,639.00 in accordance with
the provisions of this Agreement and the Payment Schedule attached as Attachment "E."
Consultant shall not perform any additional services for the City not specified by this Agreem nt
unless the City requests and approves in writing the additional costs for such services. The C ty
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ChemWare, Inc. - LIMS FT WORTH, TX
Professional Services Agreement
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/9/2010
DATE: Tuesday, March 09, 2010
LOG NAME: 60CHEMWARE-LIMS
REFERENCE NO.: **C-24124
SUBJECT:
Authorize Execution of An Agreement with ChemWare, Inc., in the Amount of $349,639.00 for Software,
License Implementation Services and Annual Maintenance for a Laboratory Instrument Management
System
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute an agreement with ChemWare, Inc., in the amount of
$349,639.00 for software licenses, implementation and annual maintenance for a Laboratory Instrument
Management System for the Water Department; and
2. Authorize the agreement to be effective as of March 9, 2010 and expire March 1, 2011, with annual
options to renew maintenance through March 1, 2013.
DISCUSSION:
The Laboratory Instrument Management System (LIMS) is used by the Water Department Laboratory to
log in, track, test and report on water samples. The laboratory is required to perform analytical work on
water and wastewater samples across the City of Fort Worth and other jurisdictions within the service
area. The Laboratory Services division is organized into the following sections: Inorganics, Metals,
Microbiology, Organics, Sample Receipt/Sample Management and Administration.
The current LIMS (Labworks) has been in place for 15 years and does not allow for necessary
enhancements to help streamline processes. This procurement will allow the lab to expand the water
testing capabilities and create opportunities for enhanced revenue for the Water and Sewer Fund through
additional testing of water samples from wholesale customers and other jurisdictions across the state. The
current system lacks the necessary vendor support to enable the development of new functions that will
allow for this growth. The City laboratory plans to leverage their accreditation from National Environmental
Laboratory Accreditation Program (NELAP) to perform water and wastewater testing of other local
municipalities than cannot meet the standards required for accreditation. The new LIMS will allow the
laboratory to take advantage of demand for water and wastewater testing as an accredited laboratory.
The proposed LIMS system will allow for the following:
Enhanced ability to invoice customers through web technology
Streamline operations and reduce the amount of manually generated reports
Increase overall throughput of lab sampling
Remain in compliance with Federal and State testing guidelines
Maintain accreditation with a system geared towards NELAP guidelines
Logname: 60CHEMWARE-LIMS Page 1 of 2
Provide workflow automation
Institute better traceability standards required by NELAP
Insure accuracy of testing and reporting
Improve overall timeliness of reporting to meet regulatory requirements
The Water Department requires this new system to be able to maintain the current standards necessary
for running an accredited Water Laboratory. The benefits derived from this system will allow for the lab to
take advantage of technology to improve revenue generation for the City of Fort Worth.
ADMINISTRATIVE INCREASE — An administrative increase or change order for this Contract may be
made by the City Manager, or his designee, for an amount up to $25,000.00 and does not require specific
City Council approval so long as sufficient funds have been appropriated.
BID ADVERTISEMENT — This agreement is being awarded pursuant to Chapter 252, Texas Local
Government Code. A Request for Proposal (RFP) for this procurement was advertised in the Fort Worth
Star -Telegram on July 8, 2009 and July 15, 2009 and on the City of Fort Worth website. Eight responses
were received in response to the RFP. A designated team of Water Department employees evaluated the
proposals. In addition to considering the relative importance of price, the primary factors considered in the
review included company qualifications, project personnel, project approach and adherence to
requirements set forth in the RFP. After considering all responses on this basis, it was determined that
ChemWare, Inc., would provide the best solution to the City's needs.
M/WBE — A waiver of the M/WBE participation goal has been requested and approved because the
purchase of goods or services is from source(s) where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Water Capital Projects Fund and Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
1. 60CHEMWARE-LIMS FARs.pdf (CFW Internal)
2. ChemWare_LIMS.pdf (CFW Internal)
3. Funding- sewer.pdf (CFW Internal)
4. Funding= Water.pdf (CFW Internal)
FROM Fund/Account/Centers
P253 541200 601020145680 $174,819.50
P258 541200 701020145680 $174,819.50
Fernando Costa (6122)
S. Frank Crumb (8207)
S. Frank Crumb (8207)
Logname: 60CHEMWARE-LIMS Page 2 of 2
shall not be liable for any additional expenses of Consultant not specified by this Agreement
unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any
reason by providing the other party with 30 days written notice of termination.
4.2 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period for any payments due hereunder, City will notify Consultant of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for
which appropriations were received without penalty or expense to the City of any kind
whatsoever, except as to the portions of the payments herein agreed upon for which
funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the
City shall pay Consultant for services actually rendered up to the effective date of
termination and Consultant shall continue to provide the City with services requested by
the City and in accordance with this Agreement up to the effective date of termination.
4.4 Termination of License Agreement.
The foregoing notwithstanding, the License Agreement may be terminated by
either party in accordance with the Termination provisions in Attachment A.
no 4.5 Termination of Maintenance Agreement.
The foregoing notwithstanding, the Maintenance Agreement may be terminated
we by either party in accordance with the Term and Termination provisions in Attachment
B.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in
writing of any existing or potential conflicts of interest related to Consultant's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing.
Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all
information provided to it by the City as confidential and shall not disclose any such information
to a third party without the prior written approval of the City. Consultant shall store and maintain
City Information in a secure manner and shall not allow unauthorized users to access, modify,
delete or otherwise corrupt City Information in any way. Consultant shall notify the City
immediately if the security or integrity of any City information has been compromised or is
believed to have been compromised.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the right to examine at reasonable times any
directly pertinent books, documents, papers and records of the consultant involving transactions
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relating to this Contract at no additional cost to the City. Consultant agrees that the City shall
have access during normal working hours to all necessary Consultant facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with
the provisions of this section. The City shall give Consultant reasonable advance notice of
intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3)
years after final payment of the subcontract, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of such
subcontractor involving transactions related to the subcontract, and further that City shall have
access during normal working hours to all subcontractor facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the provisions of this
paragraph. City shall give subcontractor reasonable notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent
contractor as to all rights and privileges granted herein, and not as agent, representative or
employee of the City. Subject to and in accordance with the conditions and provisions of this
Agreement, Consultant shall have the exclusive right to control the details of its operations and
activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors and subcontractors. Consultant acknowledges that the doctrine of
respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Consultant, its officers, agents, employees, servants, contractors and
subcontractors. Consultant further agrees that nothing herein shall be construed as the creation
of a partnership or joint enterprise between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR
OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS
OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City, which assignment shall not be
unreasonably delayed or withheld. If the City grants consent to an assignment, the assignee
shall execute a written agreement with the City and the Consultant under which the assignee
agrees to be bound by the duties and obligations of Consultant under this Agreement. The
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Consultant and Assignee shall be jointly liable for all of Consultant's obligations under this
Agreement prior to the assignment. If the City grants consent to a subcontract, the
subcontractor shall execute a written agreement with the Consultant referencing this
Agreement under which the subcontractor shall agree to be bound by the duties and
obligations of the Consultant under this Agreement as such duties and obligations may apply.
The Consultant shall provide the City with a fully executed copy of any such subcontract.
i
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting policies of
the following minimum coverage limits that are to be in effect prior to commencement of any
work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
No representatives in the course of the providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non -owned
i (c) Worker's Compensation - Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000
each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
(d) Technology Liability (Errors & Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
no
Technology coverage may be provided through an endorsement to the Commercial
General Liability (CGL) policy, or a separate policy specific to Technology E&O. Either is
acceptable if coverage meets all other requirements. Coverage shall be claims -made,
and maintained for the duration of the contractual agreement and for two (2) years
following completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage.
10.2 General Requirements
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(a) The commercial general liability and automobile liability policies shall name the City as an
additional insured thereon, as its interests may appear. The term City shall include its
employees, officers, officials, agents, and volunteers in respect to the contracted
services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right of
"r Recovery) in favor of the City of Fort Worth.
(c) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage
shall be provided to the City. Ten (10) days notice shall be acceptable in the event of
non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the
same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the State
of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key
Rating Guide, or have reasonably equivalent financial strength and solvency to the
satisfaction of Risk Management. If the rating is below that required, written approval of
Risk Management is required.
(e) Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement.
so (f) Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws, ordinances,
'� rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances,
rules or regulations, Consultant shall immediately desist from and correct the violation.
an
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and
successors in interest, as part of the consideration herein, agrees that in the performance of
Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. If any claim
arises from an alleged violation of this non-discrimination covenant by Consultant, its personal
representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume
such liability and to indemnify and defend the City and hold the City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile (if facsimile number is
provided below) with electronic confirmation of the transmission, or (3) received by the other
party by United States Mail, registered, return receipt requested, addressed as follows:
ChemWare, Inc. - LIMS
Professional Services Agreement
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To The CITY:
City of Fort Worth
Attn: Water Department / Barbara Wilson
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
14. SOLICITATION OF EMPLOYEES.
To CONSULTANT:
CHEMWARE INC.
Attn: Vice President/GM
900 Ridgefield Drive, Suite 150
Raleigh, North Carolina, 27609
Neither the City nor Consultant shall, during the term of this agreement and additionally
for a period of one year after its termination, solicit for employment or employ, whether as
employee or independent contractor, any person who is or has been employed by the other
during the term of this agreement, without the prior written consent of the person's employer.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive
or surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver
of the City's or Consultant's respective right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the
United States District Court for the Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties
and obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable control
(force majeure), including, but not limited to, compliance with any government law, ordinance or
regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars,
riots, material or labor restrictions by any governmental authority, transportation problems and/or
any other similar causes.
20. HEADINGS NOT CONTROLLING.
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Headings and titles used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
22. AMENDMENTS / MODIFICATIONS / EXTENSTIONS.
No extension, modification or amendment of this Agreement shall be binding upon a
'r party hereto unless such extension, modification, or amendment is set forth in a written
instrument, which is executed by an authorized representative and delivered on behalf of such
party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of Attachments "A" through "J" attached hereto,
and any documents incorporated herein by reference, contains the entire understanding and
agreement between the City and Consultant, their assigns and successors in interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby
declared null and void to the extent in conflict with any provision of this Agreement.
24. NETWORK ACCESS.
If Consultant requires access to the City's Intranet, Internet, email, or other City
department database, Consultant must agree to the City's Network Access Agreement, which is
attached hereto and incorporated as Attachment "J." The Network Access Agreement outlines
the scope of access of Consultant, its employees, agents, and representatives, including any
subcontractors, to the City's network.
*W 25. SIGNATURE AUTHORITY.
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The person signing this agreement hereby warrants that he/she has the legal authority to
execute this agreement on behalf of the respective party, and that such binding authority has
been granted by proper order, resolution, ordinance or other authorization of the entity. The other
party is fully entitled to rely on this warranty and representation in entering into this Agreement.
[Signature Page Follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of 20 i r.-
CITY OF FORT WORTH:
By:`fitw...ri �-�-
Fernando Costa
Assistant City Manager
Date: T ! 1)1
ATTEST:
By: I
City Secret
APPROVED AS TO FORM AND L
y.
Males is B. Farmer
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: C ALf I' -
Date Approved: 3 I�
CHEMWARE, INC.
By
AR4ob'ertrt
�Jh�itehead���
Vice President/GM
Date: S/&/
ATTEST:�',
r—
V�y:"V
onor J. Ward
���A Director, Business Development
OFFICIAL RECORD
crry SECRETARY
FT YkfoRTIj, TX
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ATTACHMENT A —SOFTWARE LICENSE AGREEMENT
HORIZON' LABORATORY INFORMATION PARAGRAPH 2
MANAGEMENT SYSTEM
This Software License Agreement ("Agreement") is entered into
between ChemWare Inc., a North Carolina corporation
("ChemWare") with its principal office at 900 Ridgefield Drive,
Suite 150, Raleigh, North Carolina, 27609, and the City of Fort
Worth, Texas ("Customer"), with its principal office at 1000
Throckmorton Street, Fort Worth, Texas, 76102.
PARAGRAPH 1
DEFINITIONS
1.1. "Software" means the executable code of the HORIZON
Laboratory Information Management System Software, together with
the executable code for the modules, add -ins, options, special
functions, and other ChemWare products identified in Exhibit A
under a "HC" or "HO' item designation.
1.2. "Database" means the single central Oracle® database
including tables for housing Laboratory Information Management
System (LIMS) data established by the Software, together with any
Oracle software products identified in Exhibit A under a "OR" item
designation.
1.3. "Documentation" means all information provided by
ChemWare which describes the installation, operation and use of the
Software, in printed or electronic format.
1.4. "Materials" means the Software, Documentation and
Database.
1.5. "Oracle" means the Oracle Corporation, located at 500
Oracle Parkway, Redwood Shores, California 94065.
1.6. "Installation Date" means the earliest of the date on which.
(a) the Software is delivered to the Customer; or (b) the Software is
loaded onto Customer's hardware.
1.7. "Licensed Unit" means the unit of measurement used to
define the quantity of Materials licensed to Customer according to the
following definitions:
a. "Named User" means any real person authorized by Customer
to use the Materials, regardless of whether that person is actively
using the Materials at any given time.
b. "Concurrent User" means any real person authorized by
Customer to use the Materials simultaneously with other authorized
real persons.
c. "Processor" means the CPU in the computer on which the
Materials are installed and/or running. In a virtual computing
environment, to count as one (1) Processor it must be either dedicated
to the Materials or the Materials must be bound to the Processor;
otherwise all Processors in the computer must be counted when
determining compliance with the license quantity.
d. "Server" means the computer on which the Materials are
installed.
e. "Instrument" means the individual analytical instrument, or
instrument data system controlling that instrument, as the case may
be, on which the Materials are installed.
f. "Workstation" means the individual personal computer on
which the Materials are installed.
g. "Device" means the individual hardware, hardware data
system, network folder or other medium for data storage.
1.8. "Embedded Software License" means a special Database
licensing option limiting the Customer's routine access to the
Database to the functions provided through the Software interface.
1.9. "Licensor" means any third party software provider,
including Oracle, from which ChemWare has secured the right to
sublicense, distribute, integrate, and/or support the provider's product
as a module, add -in, option or special function when used in
conjunction with the Materials and the terms of this Agreement.
LICENSE
2.1. Grant of License. ChemWare grants to Customer and
Customer accepts, pursuant to the terms and conditions of this
Agreement, nonexclusive, nontransferable license ("License") to use
the Materials commencing on the Installation Date and continuing in
perpetuity unless terminated in accordance with the terms herein, with
the following restrictions:
a. The Materials may be used only by Customer. Customer may
not sublicense, rent, distribute, lease, timeshare or otherwise transfer
or assign Customer's rights in the Materials. Customer may not act as
a service bureau or provide subscription services using the Materials.
b. Customer may not change, alter, modify, translate,
disassemble, decompile or reverse engineer the Materials. If Customer
has an Embedded Software License, Customer may not modify the
Database data structures except as may be provided through the
Software interface.
c. The Materials may be installed and used by no more than the
quantity of Licensed Units specified in Exhibit A (as may be amended
from time to time). If Licensed Units are based on Concurrent Users
or Named Users, authorization for use must be granted by defining
unique individual user names and security credentials through the
Software interface, which names and credentials may not be shared by
other users. A previously authorized Named User may be deactivated
and replaced by a new Named User, with no net change in license
quantity.
d. Customer may not export or re-export the Materials or any
copy, adaptation, or product thereof, directly or indirectly, in
violation of any U. S. export law or other applicable regulation, or use
the Materials for any purpose prohibited by these laws. The Materials,
delivered to U.S. Government end users, are "commercial computer
software" pursuant to the applicable Federal Acquisition Regulation
("FAR") and agency -specific supplemental regulations. As such, use,
duplication, disclosure, modification, and adaptation of the Materials
shall be subject to the license and license restrictions set forth in this
Agreement, and, to the extent applicable, the additional rights set
forth in FAR 52.227-19, Commercial Computer Software —Restricted
Rights (June 1987).
e. Customer may not publish the results of any benchmark tests
on the Materials.
f. Customer may not remove or modify any ChemWare or
Licensor program markings, copyright notices, trademarks or other
notices of proprietary rights in the Materials.
g. All rights not expressly granted are reserved to ChemWare
and its Licensors.
2.2. Additional Units and Materials. Any updates or new
versions, modules, add -ins, options, customizations or special
functions to the Materials provided to Customer by ChemWare shall
also become part of the Materials and shall be governed by the terms
of this Agreement. Additional Units may be added by an Addendum
to Exhibit A, subject to payment of the required fees pursuant to
Paragraph 4.
2.3. Copies. Customer shall not make any copies of the Materials
except in accordance with the following:
a. The Materials may be copied as part of the standard backup
process used by Customer, provided that such copies are used only
when restored to the primary production environment and only during
the term of the License granted herein.
b. One copy of the Materials may be used on an unlicensed spare
(failover) Server provided that (i) such use is exclusively in a failover
environment; (ii) use of the failover Server does not extend beyond a
total of ten separate days in any given calendar year; and (iii) use of
the failover Server in a production environment is discontinued when
the primary production Server is repaired or replaced.
c. One copy of the Materials may be installed in development,
test and/or training environments, provided that such copy is installed
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ATTACHMENT A —SOFTWARE LICENSE AGREEMENT
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within a tablespace in the same database and on the same Server as
the production environment.
d. ChemWare must approve, in advance and in writing, any
additional copies, backups or archives Customer wishes to make,
which approval may be contingent upon, among other conditions, the
licensing rules of Oracle and other Licensors.
PARAGRAPH 3
TERM
This Agreement is effective upon execution by the Customer ,
and shall continue until such time as it is terminated in accordance
with the terms of this Agreement.
PARAGRAPH 4
LICENSE FEES
4.1. Customer agrees to pay ChemWare a license fee ("License
Fee") for the License to use the Materials in accordance with the
license quantities and payment terms specified in Attachment "E" to
the Professional Services Agreement to which this Software License
Agreement is attached. An additional license fee will be required if
Customer adds to the quantity of Licensed Units or acquires licenses
for additional modules, add -ins, options, special functions,
customizations or other products from ChemWare, and such
additional fee is deemed part of the License Fee.
4.2. Neither the License Fee nor any additional license fee shall
include the right to new versions, updates, upgrades, or additional or
different software or services of any kind.
4.3. All payments shall be made within the United States in U.S.
dollars, and shall be nonrefundable.
4.4. Unless the License Fee is paid in full on or before the
Installation Date, a temporary license key will be issued to Customer.
At such time as Customer has paid the License Fee in full, Customer
will be issued a permanent license key allowing access to the
Materials. In the event Customer fails to pay the License Fee in full
and pursuant to the terms of Attachment "E," the temporary license
key will expire, certain functions of the Materials will cease to
operate, and ChemWare may proceed with its remedies for breach.
PARAGRAPH
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
ChemWare and its Licensors retain all ownership and intellectual
property rights in and to the Materials. Customer acknowledges that
the Materials and any modifications, copies or derivatives thereof are
the sole and exclusive property of ChemWare and its Licensors,
regardless of the form or media in which the original or copies may
exist. The Software, including its code, logic, design and structure,
contains trade secrets which are the sole property of ChemWare, and
to the extent permitted by applicable law, Customer agrees to secure
and protect the Software so that ChemWare's trade secrets therein are
not disclosed to any third parties.
PARAGRAPH 6
CONFIDENTIAL INFORMATION
Subject to applicable law, all information related to the nature
and use of the Materials is confidential. Customer will use its best
efforts and take all reasonable steps to protect the Materials from
unauthorized reproduction, publication, disclosure or distribution.
PARAGRAPH 7
LIMITED WARRANTIES
7.1. ChemWare makes the following warranties to Customer
with respect to the Materials:
a. For the first sixty (60) days after the Installation Date, if the
Software, as delivered (and, if applicable, installed) by ChemWare
fails to perform in accordance with the functional specifications in the
Documentation, and provided that ChemWare is given written notice
of the failure within this warranty period, ChemWare will correct or
bypass such error to the extent the error (i) materially affects the
user's ability to use the Software in accordance with the
Documentation; and (ii) can be reproduced or recreated by
ChemWare under similar conditions and in a commercially reasonable
manner. ChemWare shall have no obligation to correct or bypass
errors under this warranty which result from: (iii) modification of the
Materials by a person other than ChemWare; (iv) errors caused by
defects, problems or failures of hardware, software or other
components or systems not provided by ChemWare; or (v)
introduction of errors caused by the negligence of Customer or other
non-ChemWare personnel.
b. If the Materials, as delivered to Customer, are alleged to
infringe any registered trademark, registered service mark, copyright
or patent, or to misappropriate any trade secrets of a third party (or if
ChemWare otherwise believes the Materials may infringe or
misappropriate), ChemWare will make commercially reasonable
efforts to either modify the Materials to be noninfringing (while
substantially preserving the utility and functionality of the affected
portion of the Materials) or obtain a license to continue use.
7.2. Other than the foregoing specific warranties, the Materials
are provided "AS IS" and ChemWare makes no warranty, guaranty,
condition, covenant or representation, express or implied. All other
warranties, including without limitation the implied warranties of
merchantability, fitness for a particular purpose, noninfringement,
timeliness, currency, accuracy or other attributes, or from a course of
dealing or usage, are specifically disclaimed. Without limiting the
foregoing, ChemWare and its Licensors make no warranty or
representation that the operation of the Software or the Database will
be uninterrupted or the Materials will be error -free.
PARAGRAPH 8
LIMITATIONS ON LIABILITY
8.1. In the event of a breach of the warranty set forth in
Paragraph 7.1 a, and provided that such breach continues for a period
of thirty (30) days after Customer gives written notice to ChemWare
of the breach, then Customer may terminate this Agreement and
recover the License Fees paid to ChemWare through the date of
termination and once the License is terminated. This is Customer's
exclusive remedy.
8.2. In the event Customer alleges a breach of the warranty set
forth in Paragraph 7.1b, or in the event ChemWare otherwise
terminates part of the License granted hereunder based on an
allegation or determination that any part of the Materials infringe the
intellectual property of a third party, then ChemWare's liability shall
be limited to a refund of the License Fees actually paid to ChemWare
for the applicable part of the Materials for which the License has been
terminated. This is Customer's exclusive remedy.
8.3. Except with respect to damages arising out of or related to a
breach of Paragraphs 7.1a or 7.1b, the remedies which are set forth
exclusively above, or damages which may arise as a direct result of
ChemWare's negligence, gross negligence, or intentional conduct,
ChemWare's liability to Customer for damages arising from or related
to this Agreement shall be limited to the amount of the License Fees
Customer has paid to ChemWare hereunder.
8.4. Neither party shall be liable for any indirect, incidental,
special, punitive, or consequential damages, whether in tort or
contract or based on any other legal theory. Neither ChemWare nor its
Licensors, including but not limited to Oracle, shall be liable for
damages from interruption of business, loss of use of the Materials,
loss of profits, revenue, data, or data use, cost of recreating data, cost
of capital, cost of any substitute software, or losses caused by delay,
even if ChemWare or its Licensors, including but not limited to
Oracle, has been advised of the likelihood of such damages occurring.
PARAGRAPH 9
INDEMNIFICATION
9.1. Subject to the limitations in Paragraph 9.2, ChemWare (or
Oracle if the claims relate to the Database) agrees to indemnify and
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defend Customer with respect to any claim brought against Customer
based on alleged infringement by the Materials of the claimant's
intellectual property rights, provided Customer must:
a. Provide written notice to ChemWare not later than fifteen (15)
days after Customer receives notice of a claim or suit; and
b. Give ChemWare (or Oracle if the claims relate to the
Database) sole control of the defense and any settlement negotiations;
and
c. Give ChemWare (or Oracle if the claims relate to the
Database) the information, authority and assistance requested to
defend against or settle the claim. ChemWare may settle any such
claim in any manner it deems appropriate, provided that Customer
shall have no obligation to make a payment under any such settlement
without its prior consent. Customer shall have the right to participate
at its own expense in the defense of any such suit or proceeding
through counsel of its own choosing.
d. If the Materials or any part thereof are held to infringe and the
use thereof is enjoined or restrained or, if as a result of a settlement or
compromise, such use is materially adversely restricted, ChemWare
(or Oracle if the claims relate to the Database) shall, at its own
expense, either: (a) procure for Customer the right to continue to use
the Materials; or (b) modify the Materials to make them non -
infringing, provided that such modification does not materially
adversely affect Customer's authorized use of the Materials; or (c)
replace the Materials with equally suitable, compatible, and
functionally equivalent non -infringing Materials at no additional
charge to Customer; or (d) if none of the foregoing alternatives is
reasonably available to ChemWare (or Oracle if claims relate to the
Database), terminate this agreement and refund to Customer the
payments actually made to ChemWare under this Agreement.
9.2. ChemWare (or Oracle, as applicable) shall have no
indemnification obligation to Customer other than as set forth in
Paragraph 9. L In clarification but not limitation of the foregoing,
neither ChemWare nor Oracle will indemnify Customer if Customer:
a. Makes a claim based upon third party programs or ancillary
programs not included in the Materials; or
b. Alters the Materials or uses a version of the Materials which
has been superseded, and the infringement claim could have been
avoided by using an unaltered current version of the Materials; or
c. Combines the Materials with any other software or hardware
not recommended or furnished by ChemWare or Oracle; or
d. Uses the Materials outside the scope of use set forth in the
Documentation.
PARAGRAPH10
NOTICES
All notices under this Agreement shall be delivered by hand or
by a reputable national overnight courier service, with recipient
signature required, and addressed to the recipient's physical address
indicated in the first paragraph of this Agreement, or to such other
address as the recipient may designate by providing notice. The notice
shall be considered delivered on the day of delivery, as indicated by
the signed receipt.
PARAGRAPH 11
ASSIGNMENT
Neither party may assign any right, remedy, obligation, or
liability under this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld,
provided that ChemWare may, without the consent of Customer, but
upon no less than thirty (30) days written notice, assign all, but not
less than all, of its rights and obligations under this Agreement to a
third party purchaser of all or substantially all the assets or equity of
ChemWare, or with which ChemWare affects a merger or business
combination, provided any such third party agrees in writing to
assume all obligations of ChemWare under this Agreement. Oracle
may deny assignment of the Database for any reason, may require an
assignment fee, and may assign its rights and obligations without
further notice. Notwithstanding the foregoing provision, in the event
Oracle makes an assignment pursuant to the provision set forth in this
Section 11, ChemWare shall secure for Customer the right to have
sufficient access to the Materials as necessary to allow Customer's
continued use pursuant to the Agreement.
PARAGRAPH12
FORCE MAJEURE
Neither party shall be in default or otherwise liable for any delay
in or failure of its performance under this Agreement if such delay or
failure arises by any reason beyond its reasonable control, including
any act of God, any acts of the common enemy, earthquakes, floods,
fires, epidemics, riots, labor disputes, failures or delay in
transportation or communications, or any act or failure to act by the
other party or such other party's employees, agents or contractors (a
"Force Majeure Event"); provided, however, that failure to make
payment of the License Fee when due shall never be deemed to be a
result of a Force Majeure Event.
PARAGRAPH 13
TERMINATION
13.1. The License granted hereunder shall automatically
terminate with the termination of this Agreement.
13.2. In the event of any default of any obligation under this
Agreement which remains uncured thirty (30) days after receipt of a
written notice identifying in detail the nature of the default and the
expectations to cure the default, the non -defaulting party may
terminate this Agreement.
13.3. Within ten (10) days after termination of this Agreement,
Customer shall discontinue use of the Materials; shall either return to
ChemWare the Materials and all copies thereof, or delete or destroy
all copies of the Materials; and deliver to ChemWare a written
certification as such.
13.4. Upon termination of this Agreement, except termination by
Customer as a result of a breach by ChemWare of Paragraph 7.1a or
7.1 b, all unpaid License Fees shall immediately become due and
payable.
13.5. Notwithstanding Paragraph 13.4, no further License Fee
payment shall be due in the event of termination of this Agreement
pursuant to the terms of Paragraph 8.1 or 8.2, and Customer may
recover damages as set forth in Paragraph 8.1 or 8.2, as applicable
and as limited thereby.
13.5. Any provision of this Agreement which by its terms
imposes continuing obligations, including but not limited to
Paragraphs 4, 5, 6, 7, 8, 9, 13, 14 and 15, shall survive the
termination of this Agreement.
PARAGRAPH 14
GOVERNING LAW AND ADJUDICATION
14.1. This Agreement is to be governed by and interpreted in
accordance with the laws of the State of Texas, without regard to its
conflicts of law provisions. Venue for any actions arising hereunder
shall be in Tarrant County, Texas.
14.2. in the event of a dispute arising under or related to this
Agreement, except as set forth in Paragraph 14.4, the parties may
first submit the dispute for non -binding mediation in Tarrant County,
Texas, or in any other place mutually agreed upon by both ChemWare
and Customer. The mediator shall be agreed upon by the parties. Each
party shall be liable for its own expenses, including attorneys fees;
however, the parties shall share equally in the costs for the mediation.
14.3. In the event that mediation is not successful, the dispute
may, upon written consent of both parties, be submitted for binding
arbitration by one arbitrator in accordance with the rules of the
American Arbitration Association. Entry of judgment from that
arbitration may be made in a court of competent jurisdiction. Each
party shall be liable for its own expenses, including attorneys fees;
however, the parties shall share equally in the costs for the arbitration.
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14.4. Notwithstanding the foregoing, in order to prevent
irreparable harm, either party may seek temporary and interim
injunctive relief from a court of competent jurisdiction.
PARAGRAPH15
RELATIONSHIP BETWEEN CHEMWARE AND ORACLE
The parties agree that Oracle is a third party beneficiary of this
Agreement. ChemWare is an independent contractor/licensee in all
matters relating to its contracts with Oracle. Except for as specifically
identified in this Agreement, neither ChemWare nor Oracle has any
authority to assume or create any obligation, express or implied, on
behalf of the other party, nor to represent the other party as agent,
employee, franchisee, or in any other capacity.
PARAGRAPH16
WAIVER AND SEVERABILITY
16.1. No term of this Agreement shall be deemed waived and no
breach excused unless such waiver or excuse shall be in writing and
signed by the party giving the waiver or excuse. Thefailure of either
party to exercise in any respect any right provided for in this
Agreement shall not be construed as a waiver of any further right
under this Agreement, and no waiver shall be a continuing waiver
unless specifically so stated in the writing.
16.2. If any provision of this Agreement shall for any reason be
held to be invalid or unenforceable, such decision shall not affect,
impair or invalidate the remainder of this Agreement, but shall be
confined in its operation to the provision of this Agreement directly
involved in the controversy in which the decision was rendered, the
invalid or unenforceable provision shall be reformed by the arbitrator
so that each party shall have the obligation to perform reasonably
alternatively to give the other party the benefit of the bargain.
PARAGRAPH17
TAxES
Customer is responsible for and shall pay all sales, use, and
excise taxes, and like charges imposed by any federal, state, or local
governmental entity for products or services provided under this
Agreement, excluding only taxes based solely on ChemWare's
income. When ChemWare has the legal obligation to collect such
taxes, the appropriate amount shall be invoiced to and paid by
Customer unless Customer provides ChemWare with a valid tax
exemption certificate authorized by the appropriate taxing authority.
Customer shall hold ChemWare harmless from all claims and liability
arising from Customer's failure to pay any such taxes, duties, or
charges.
PARAGRAPH 18
WHOLE AGREEMENT
Each party acknowledges that it has read this Agreement,
understands it, and agrees to be bound by its terms. The parties
further agree that this Agreement, including its Exhibits, is the
complete and exclusive statement of the agreement of the parties with
respect to the subject matter hereof and that it supersedes and merges
all prior proposals, understandings, and agreements, whether oral or
written, between the parties with respect to the subject matter hereof.
This Agreement may not be modified except by a written instrument
duly executed by the parties hereto. Any term or condition on a
printed form which shall be sent to ChemWare from Customer shall
have no effect, and shall not modify, add to, or subtract from the
obligations and rights set forth herein.
_ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below.
ChemWare. Inc. Oreanizattii'o�n
Signed: Signed: I (SEAL)
Print: Robert J. Whitehead Print:
Title: Vice President Title:
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ATTACHMENT A — SOFTWARE LICENSE AGREEMENT
EXHIBIT A
TO SOFTWARE LICENSE AGREEMENT
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A. LICENSED
MATERIALS:
The Materials included in this License are itemized in the Licensed Units
and quantities described below:
Laboratory Information Management System (LIMS)
HC-002
HORIZON Central -One
Core LIMS, Database Licenses
35 Named Users
Scientific Data Management System (SDMS)
HO-101
HORIZON Data Mana ement-Vision®
g
Data Capture/Management
15
Named Users
HO-105
HORIZON Data Management-WebVisiong
Thin Client for HDM
1 Servers
Enterprise Reporting and Business Intelligence (BI)
i
HO-106
HORIZON Report Manager-ActuateCR)
Web Report Portal, Dev Tools
I Processor
HO-107
Actuate® e.Spreadsheet
DMR Spreadsheet
1 Processor
HO-108
HORIZON Statistical Analysis-NWA Quality Analyst®
Control Charts/Analysis Tool
I Workstation
,.. I HO-120
Simple Barcode Software®
Scanned Document Capture
I Server
Database and Tools
OR-305 Oracle9i® Database, ESL Standard Edition Processor -Based (Unlim Users) 2 Processors
OR-303 Oracle Forms Services (Includes Oracle Reports) Web -Based LIMB Deployment 35 Named Users
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ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT
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HORIZON® LABORATORY INFORMATION
MANAGEMENT SYSTEM
This Standard Software Maintenance Agreement ("Agreement")
is made and entered into as of the date of the last signature below,
between ChemWare Inc., a North Carolina corporation
("ChemWare") with its principal office at 900 Ridgefield Drive,
Suite 150, Raleigh, North Carolina, 27609, and City of Fort Worth,
Texas ("Customer"), with its principal office at 1000 Throckmorton
Street, Fort Worth, Texas 76102.
WITNESSETH:
WHEREAS, ChemWare and Customer entered into a Software
License Agreement dated ("License Agreement");
and
WHEREAS, Customer desires to obtain from ChemWare certain
software maintenance services with respect to the License Agreement;
NOW, THEREFORE, in consideration of the mutual covenants
and conditions set out in this Agreement, the parties agree as follows:
PARAGRAPHI
DEFINITIONS
I.I. "Software" means the executable code of the HORIZON
Laboratory Information Management System Software, together with
the executable code for the modules, add -ins, options, special
functions, and other ChemWare products included in the terms of the
License Agreement.
1.2. "Database" means the single central Oracle® database
including tables for housing Laboratory Information Management
System (LIMS) data established by the Software, together with any
other Oracle software products included in the terms of the License
Agreement.
1.3. "Documentation" means all information provided by
ChemWare which describes the installation, operation and use of the
Software, in printed or electronic format.
1.4. "Materials" means the Software, Documentation and
Database.
1.5. "Oracle" means the Oracle Corporation, located at 500
Oracle Parkway, Redwood Shores, California 94065.
1.6. "Parser" means an executable program, routine, or other
code or method developed by ChemWare to reformat data and
generate an output file.
1.7. "Error Correction" means (i) a software modification or
addition that, when made or added to the Materials, establishes
material conformity of the Materials to the Documentation; (ii) a
procedure or routine that, when observed in the regular operation of
the Materials, eliminates or bypasses the practical adverse effect on
Customer of such nonconformity; or (iii) an update to the
Documentation to reflect the intended description of the proper use of
the Materials.
1.8. "Updates" means any additional or supplemental releases of
the Materials made generally available under this Agreement, and
which may include Error Corrections or enhancements to the
Materials. The Updates do not include fundamental changes to the
graphical user interface technology, supported database or operating
system platform, or any additional hardware or software necessary to
support such changes.
1.9. "Unsupported Items" shall include but not be limited to the
following, whether or not provided by ChemWare: (i) scripts; (ii)
Materials or other software beyond the warranty period; (iii) example
software (e.g., off -the -shelf reports, calculations, triggers or
interfaces) to assist users in extending the Software's functionality;
(iv) Parsers for versions of instruments or data sources other than
those for which the Parsers were originally developed; (v) Updates
other than the most recent Update of the Materials, provided that
ChemWare shall continue to support prior Updates for a period of
sixty (60) days from the date of the most recent Update; and (vi)
hardware.
1.10. "Customer Error" means an error in the functioning of
the Materials which results from (i) defects, problems, failures, or use
with hardware, software or other components or systems not provided
by ChemWare; (ii) use with Unsupported Items; (iii) negligence of
Customer or other non-ChemWare personnel; or (iv) modification of
the Materials by Customer, including without limitation changes
made by Customer to the control tables and computation routines in a
manner inconsistent with the Documentation or ChemWare-provided
training. Customer Error shall also mean an error resulting from
Customer's use of the Materials (v) in a manner that is not within
ordinary use of the Materials as described in the Documentation; or
(vi) in a computing environment not certified or recommended by
ChemWare for use with the Materials.
1.11. "Error" means any error in the Documentation or failure
of the Software, as delivered (and, if applicable, installed) by
ChemWare, that materially affects the user's ability to use the
Software in accordance with the Documentation, to the extent the
error or failure is not the result of Customer Error.
1.12. "Normal Working Hours" means the hours between 8:00
A.M. and 6:00 P.M. Eastern time, Monday through Friday, excluding
regularly scheduled ChemWare holidays.
1.13 "System Administrator" means any employee or
representative of Customer who has successfully completed all
ChemWare-recommeded training on implementation and use of the
Materials.
PARAGRAPH 2
OBLIGATIONS AND SERVICES
2.1. Customer Obligations.
a. Customer shall be responsible for procuring, installing, and
maintaining all equipment, telephone lines, communications
interfaces, operating systems and other hardware and software
necessary to operate the Materials in conformance with the
Documentation.
b. Customer shall be responsible for installing and implementing
the Materials, unless such services are provided by ChemWare
pursuant to a separate agreement.
c. Customer shall designate up to three (3) System
Administrators for all software support and maintenance
communication with ChemWare's designated Technical Support and
Project Management points -of -contact.
d. Prior to contacting ChemWare for assistance, the System
Administrator shall review the Documentation and attempt to
diagnose and resolve Customer's issues relating to the Materials.
e. The System Administrator shall provide ongoing and timely
feedback to ChemWare in support of all troubleshooting and
resolution activities relating to the Materials. In some cases, this
feedback may require the Customer Technical Representative to
supply a reproducible test case, database export, documentation (such
as screen captures), or remote or on -site access to Customer's
software and hardware.
2.2. Covered Services. During Normal Working Hours and
throughout the term of this Agreement:
a. ChemWare shall provide to the Customer Technical
Representatives telephone and e-mail support related to (i) Error
notification and resolution; (ii) questions on functional and
operational issues related to the Materials; (iii) configuration of the
control tables and results computations; and (iv) installation of new
Updates.
b. ChemWare shall adequately staff a call support center with
trained, full-time employees capable of rendering the Covered
Services in accordance with the response time objectives described in
Exhibit A to this Agreement.
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c. ChemWare shall maintain a technical support request database
for tracking the disposition of all technical support requests, software
change requests, and related communications and diagnostic
information.
d. ChemWare shall be responsible for Error Correction, provided
that (i) ChemWare is given written notice of the Error by the
Customer during the term of this Agreement; and (ii) the Error can be
reproduced or recreated by ChemWare under similar conditions and
in a commercially reasonable manner.
e. If the Error affects the use of the Materials in a production
environment, ChemWare shall provide Error Correction through a
"service pack" or "patch," which may be downloaded from
ChemWare's web site, and ChemWare shall include the Error
Correction in all subsequent Updates of the Materials.
2.3. Other Services. Any services not specified in Paragraph 2.2
above will be considered "Other Services."
a. Other Services shall include, but not be limited to, (i)
correction of Customer Errors; (ii) services provided outside of
Normal Working Hours; (iii) assistance with installation of Updates if
it is more practical, in ChemWare's sole opinion, to provide the
service at Customer's site; (iv) training; (v) system configuration; (vi)
custom programming; (vii) methods customization; (viii) data imports
or conversion (such as client and sample results data migration); (ix)
control table enhancements; (x) custom interface development; (xi)
report customization or development; (xii) consulting or project
management services; or (xiii) network, database management or
recovery, operating system, hardware or other IT service not
specifically identified in Paragraph 2.2 as a Covered Service.
b. Other Services may be provided by ChemWare, at its sole
discretion, subject to staff availability and pursuant to the additional
payments and terms specified in Paragraph 3, Exhibit A and (if
applicable) a separate Technical Services Agreement by and between
the parties.
c. If Customer notifies ChemWare of an Error, and after
investigation by ChemWare it is determined that the problem is the
result of Customer Error, ChemWare reserves the right to bill
Customer as an Other Service for all time and expenses accrued in
making this determination.
PARAGRAPH 3
FEES AND CHARGES
3.1. Maintenance Fees. Fees for the term of this Agreement
shall be as set forth in Exhibit A and shall be due and payable upon
execution of this Agreement. Thereafter, Customer may renew this
Agreement for consecutive one year terms upon payment of the
annual maintenance fee; provided however, ChemWare hereby
reserves the right to adjust annual maintenance fees and make other
modifications to this agreement so long as ChemWare notifies
Customer of such adjustment no later than sixty (60) days prior to the
renewal of this Agreement. A renewal notice and quotation shall be
sent to Customer at least sixty (60) days before the beginning of each
renewal term, followed by an invoice no later than thirty (30) days
before the beginning of each renewal term. Following the first year of
maintenance, the rate used to calculate maintenance fees for the
second ("Year 2"), third ("Year 3"), and fourth ("Year 4") renewal
periods shall remain fixed; thereafter, the fees shall not increase by
more than one basis point (e.g., from 18% to 19%) from one year to
the next, provided that any such rate increase shall not exceed an
average of five percent (5%) per year since the last year in which an
adjustment was made. Full payment shall be due on or before the first
day of the renewal support period.
3.2. Emergency Support. This Agreement does not include 24-
hour/365 days "on -call" support. Any services provided outside of
Normal Business Hours will be considered "Emergency Support."
This Agreement may be amended by the Parties to include the
Emergency Support Option, which must be established in advance,
based on applicable terms and rates described in the Technical
Services Agreement and published on ChemWare's Web site at
www.chemware.com.
3.3. Travel Expenses. Customer shall reimburse ChemWare for
reasonable travel expenses (e.g., transportation, lodging, and meals),
courier fees, and long distance telephone or modem expenses incurred
by ChemWare in rendering services to Customer more than twenty
five (25) miles from ChemWare's principal office. ChemWare shall
provide documentation with the invoice in the form of copies of
receipts for all billable expenses incurred. CHEMWARE SHALL NOT
CHARGE CUSTOMER FOR TIME SPENT TRAVELING TO AND FROM
CUSTOMER'S SITE. Travel expenses shall not exceed $13,500.00 on an
annual basis.
3.4. Payment Terms. Payments are due to ChemWare within
thirty (30) days from receipt of invoice. If payment is not made within
thirty (30) days, Customer agrees to pay interest on all unpaid
amounts at the rate of the lesser of one percent (1 %) per month or the
highest rate allowed under applicable law.
3.5. Late Payment and Nonpayment. If Customer fails to pay
any invoices issued when due, ChemWare reserves the right to
withhold any and all services to the Customer, and no refund shall be
due if services are so suspended. If ChemWare does suspend services,
Customer may have the services reinstated only upon payment of all
overdue invoices including interest. ChemWare also reserves the right
to seek any other remedies available to collect delinquent payments
from Customer. Withholding of services by ChemWare for
nonpayment does not release Customer of any obligations to
ChemWare, including without limitation the obligation to pay the
remaining amounts due for the term of this Agreement.
PARAGRAPH 4
PROPRIETARY RIGHTS
4.1. Any Updates or Error Corrections received by Customer
shall also become part of the Materials and shall be governed by the
terms and conditions of this Agreement and the License Agreement,
4.2. The Materials are and shall remain the sole property of
ChemWare and its licensors, regardless of whether Customer, its
employees, or contractors shall have contributed to the conception of
such work, joined in the effort of its development, or paid ChemWare
for the use of the work product. Customer shall take any further
action and execute and deliver any further instrument, including
documents of assignment or acknowledgment, that ChemWare may
reasonably request in order to establish and perfect ChemWare's
exclusive ownership rights in such works. Customer shall not assert
any right, title, or interest in such works, except for the non-exclusive
right of use granted to Customer at the time of its delivery or on -site
development.
PARAGRAPH 5
LIMITED WARRANTIES AND DISCLAIMER OF LIABILITY
5.1. Except as set forth in this Agreement, ChemWare expressly
disclaims any and all warranties concerning the Materials or the
services to be rendered hereunder, whether expressed or implied,
including (without limitation) any warranty of merchantability or
fitness for a particular purpose.
5.2. Neither party shall be liable for any consequential or special
damages arising from breach of warranty, breach of contract,
negligence or any other legal theory, whether in tort or contract, even
if the other party has been advised of the likelihood of such damages
occurring, including without limitation, damages from interruption of
business, loss of profits or business opportunities, loss of use of
software, loss of data, cost of recreating lost data, cost of any
substitute software, or losses caused by delay.
5.3. Neither party shall be liable for any failure or delay in
performance of any obligation under this Agreement if such failure or
delay is caused by circumstances not directly or substantially under
CFW_ChemWare Attachment_B_Mamtenance Support Agreement (I 29 10).doc Page 2 of 5
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ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT
as
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the control of the other party, including without limitation, failures
resulting from acts of God, acts of public authorities, fires or other
natural disasters, delays of suppliers or carriers.
5.4. ChemWare shall not be liable for recovery of the database or
lost data due to Customer Error, disk corruption or other factors
outside of ChemWare's control, including but not limited to acts of
God, power surges or other electrical malfunction, neglect or
inadequate maintenance of the Software, or problems caused by or
related to the operating system, network or system hardware, which
problems shall also be considered Other Services.
5.5. Except for damages for personal injury, including death, or
damage to tangible property, caused by ChemWare, ChemWare's
liability for damages to Customer shall be limited in all cases to the
annual maintenance fee paid by Customer for this Agreement, for the
year in which the alleged liability first arose.
PARAGRAPH 6
TERM AND TERMINATION
6.1. The initial term of this Agreement shall commence upon
completion and Customer acceptance of the Software Installation and
Installation Qualification (IQ) deliverables, and shall continue for a
period of one year. Customer shall have the option to renew this
Agreement for consecutive annual renewals unless terminated in
accordance with the terms herein. Unless ChemWare provides written
notice to the contrary, this Agreement shall automatically terminate at
the conclusion of any term if payment for the next consecutive term is
not received by ChemWare as specified in Paragraph 3.
6.2. This Agreement may be terminated as follows:
a. This Agreement shall immediately terminate upon the
termination of the License Agreement.
b. This Agreement may be terminated by either party upon the
expiration of the then -current term of this Agreement, provided that at
least thirty (30) days' prior written notice is given to the other party.
c. This Agreement may be terminated by either party upon thirty
(30) days' prior written notice if the other party has materially
breached the provisions of this Agreement and has not cured such
breach within such notice period.
6.3. Following termination of this Agreement, ChemWare shall
immediately invoice Customer for all accrued fees and charges and all
reimbursable expenses up through the date of termination, and
Customer shall pay all amounts due within thirty (30) days of the
invoice.
6.4. Termination of this Agreement prior to the expiration of the
then -current term specified in Exhibit A, and pursuant to the terms of
this Paragraph, shall not obligate ChemWare to refund any amount
paid by Customer for this Agreement nor result in any liability, under
any theory of law or equity, of ChemWare to Customer, other than to
provide Customer with all currently available Updates through the
date of termination.
6.5. Provided that the License Agreement remains in effect, then
upon termination of this Agreement Customer shall be permitted to
continue use of the Materials pursuant to the terms of the License
Agreement. If the License Agreement has terminated, Customer shall
take such actions with respect to the Materials as required under the
License Agreement upon its termination.
6.6. Notwithstanding termination of this Agreement, all
obligations related to Proprietary Rights under Paragraph 4, all
disclaimers and limitations under Paragraphs 5 and 6.4, and the terms
in Paragraphs 3.5, 7.1, 7.2, 7.3, 7.4 and 7.6 shall remain in effect.
6.7. The terms of the Agreement shall renew automatically; in
such cases, only the prior term's Exhibit A will be superseded by a
revised Exhibit A for the renewal term, unless otherwise agreed to by
the parties.
PARAGRAPH 7
MISCELLANEOUS
7.1. Unless written approval is granted by the other party, each
party agrees to refrain from soliciting or hiring or contracting or
attempting to hire or contract the other's employees or subcontractors
who have been involved with the provision of services under this
Agreement for a period of one (1) year from termination of such
employee's provision of services under this Agreement.
7.2. Each party acknowledges that it has read this Agreement,
understands it, and agrees to be bound by its terms. The parties
further agree that this Agreement, including its Exhibits, is the
complete and exclusive statement of the agreement of the parties with
respect to the subject matter hereof and that it supersedes and merges
all prior proposals, understandings, and agreements, whether oral or
written, between the parties with respect to the subject matter hereof.
This Agreement may not be modified except by a written instrument
duly executed by the parties hereto. Any term or condition on a
printed form which shall be sent to ChemWare from Customer shall
have no effect, and shall not modify, add to, or subtract from the
obligations and rights set forth herein.
7.3. This Agreement is to be governed by and interpreted in
accordance with the laws of the State of Texas, without regard to its
conflicts of law provisions. Venue for any actions arising hereunder
shall be in Tarrant County, Texas. In the event of a dispute arising
under or related to this Agreement, the parties may first submit the
dispute for non -binding mediation in Tarrant Couunty, Texas, or in
any other place mutually agreed upon by both ChemWare and
Customer. The mediator shall be agreed upon by the parties. Each
party shall be liable for its own expenses, including attorneys fees;
however, the parties shall share equally in the costs for the mediation.
In the event that mediation is not successful, the dispute may, upon
written consent of both parties, be submitted for binding arbitration
by one arbitrator in accordance with the rules of the American
Arbitration Association. Entry of judgment from that arbitration may
be made in a court of competent jurisdiction. Each party shall be
liable for its own expenses, including attorneys fees; however, the
parties shall share equally in the costs for the arbitration.
7.4. In the event that any provision of this Agreement is held by
a court of competent jurisdication to be invalid, illegal, or
unenforceable, such decision shall not affect, impair or invalidate the
remainder of this Agreement, but shall be confined in its operation to
the provision of this Agreement directly involved in the controversy
in which the decision was rendered. The remaining provisions shall
be enforced to the maximum extent permitted by applicable law.
7.5. Neither party may assign any right, remedy, obligation, or
liability under this Agreement without the prior written consent of the
other party, which consent shall not be unreasonably withheld,
provided that ChemWare may, without the consent of Customer, but
upon no less than thirty (30) days written notice, assign all, but not
less than all, of its rights and obligations under this Agreement to a
third party purchaser of all or substantially all the assets or equity of
ChemWare, or with which ChemWare affects a merger or business
combination, provided any such third party agrees in writing to
assume all obligations of ChemWare under this Agreement.
7.6. No term or provision of this Agreement shall be deemed
waived and no breach excused unless such waiver or consent shall be
in writing and signed by the party claimed to have waived or
consented. Failure to enforce any of the provisions of this Agreement
shall not be construed as a waiver of future rights to enforce the same
or other provisions of this Agreement.
7.7. Customer shall be entitled to all benefits of the escrow
arrangements ChemWare has with Business Records Management
("BRM", Pittsburgh, PA), or its successor software escrow company,
so long as (i) Customer continuously renews this Agreement and pays
in full any associated fees for this Agreement; and (ii) is not in
CFW—ChemWare Attachment_l3_Maimcnance Support Agreement (1 29 10).doc Page 3 of 5
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ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT
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material breach of this Agreement or other written contract between
ChemWare and Customer. The escrow agreement ChemWare has
with BRM entitles Customer, with the exceptions described above
and with the exception of any third party software not owned and
controlled directly by ChemWare, to receive the source code in the
event (iii) ChemWare no longer supports the software; (iv)
ChemWare has made an assignment for the benefit of creditors; or (v)
ChemWare institutes or becomes subject to a liquidation or
bankruptcy of any kind. In the event that Customer does access the
source code from escrow, the source code may only be used as set
forth in the Software License Agreement and the Software
Maintenance Agreement, and for no other purpose and to no greater
extent. Release of source code from escrow shall not terminate this
Agreement nor cause waiver of any of ChemWare's or ChemWare's
successor's rights described by this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below.
ChemWare. Inc. Organization
Signed: 1/!il/�'�' "✓ rW'.(M.wy-l_.{ Signed: (SEAL)
Print: Robert J. Whi head Print:
Title: Vice Preside t Title:
Date: � A Date: J/ /
APPROVED AS TO
FO�EGALITY:
ASSIS ANT CITY ATTORNEY
Attested by:
Marty Hendrix, ►ty Scc+etarY
C -a-N-� I .a q -
Contract Aut.horizatiOx
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Date
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OFFI aIAL RECORD
CITY SECRETARY
FT. WORTH, TX
of
CFW_ChemWare Attachment_E_Maintenance Support Agreement (1 29 10).doc Page 4 of $
Rev. 02/02/10
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ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT
EXHIBIT A
TO SOFTWARE MAINTENANCE AGREEMENT
A. RATE SCHEDULE FOR SERVICES:
Tym t Leas* of service
Normal Working Hours, at ChemWare
Normal Working Hours, at Customer Site
Emergency Hours, Support Staff Contacted
at ChemWare
Emergency Hours, Requires On -Site Work,
Overtime or Support Staff Contacted Off -
Site
B. RESPONSE TIME OBJECTIVES:
++ Service Level
Acknowledgement
Response
Temporary Fix
Software Update
Description/
Examples
Prtttt#ty I
Production Systems
Immediate
1 hour
1 hour
Next Update or
General Release
Down production
system; Oracle crash;
critical sample or
data processing
halted.
xa,:„ : ,
`mice Levd Rate Se'WdullC
Covered under this Agreement.
Other Service'; requires Technical Services
Agreement.
No additional charge if resolvable without
overtime.
Requires Customer to establish in advance an
Emergency Support Option account.2
Immediate
4 hours
2 days
Next Update or
General Release
System useability
compromised; low
priority samples or
data processing
impacted; form
failure or data
processing error.
3
Bug Report/
10 hours
10 hours
Not Applicable
Next Update or
General Release
Issue not affecting
data delivery; pro-
duction or parallel
testing questions;
implementation
halted during
parallel testing;
bug with reason-
able workaround
or non -critical
feature with no
workaround;
custom work
under warranty.
ft*W 4 jad s
Test System/
M"I _" Unsupported Item
10 hours 10 hours
2 days Other Service`
Not Applicable Other Service'
Not Applicable Other Service
System config-
uration and control
table setup; database
information; general
implementation
questions; enhance-
ment request.
As defined in
Paragraph 2.3:
printer setup;
networking and
hardware issues;
custom work not
under warranty.2
C. STANDARD SOFTWARE MAINTENANCE FEES:
First Year Maintenance: There shall be no charge to Customer for the first year's maintenance.
0 Software maintenance fee for the Software and Documentation, at $_0.00_.
I@ Software maintenance fee for the Database, at $_0.00_
Each Renewal Period: The maintenance fee for the first annual renewal period shall be $34,408.00; thereafter the renewal fee shall not increase
except as allowed under the terms of Paragraph 3 of this Agreement.
A renewal notice and quotation for fees to renew this Agreement shall be provided to Customer no later than sixty (60) days prior to the
expiration of the then -current term. An invoice for renewal fees shall be provided to Customer no later than thirty (30) days prior to expiration,
and shall be payable on the date the new agreement commences. Unless otherwise agreed to by the parties, the terms of the Agreement shall
renew automatically; in such cases, only the prior term's Exhibit A will be superseded by a revised Exhibit A for the renewal term.
'See Paragraph 2.3 and Technical Services Agreement for applicable terms and rates.
2See www.chemware.com for applicable terns and rates.
is
CM—ChemWare Attachment _B_Maiuteeance Support Agreement (1 29 10).doc Page 5 of 5 Rev. 02/02/10
Statement of Work
HORIZON® LABORATORY INFORMATION MANAGEMENT
Prepared for:
City of Fort Worth
Date: September 30, 2009
Filename: Statement of Work — Ft Worth_ LSD_200909_Rev2.doc
Version 2.0 Draft Document
ChemWare Contact: Conor Ward
cward@chemware.com
900 Ridgefield Drive, Suite 150
Raleigh, NC 27609
919.855.8716 x227 I www.chemware.com
1.0 Revision History
ATTACHMENT_C_STATEMENT OF W OR LDOC PACEI OF 30 REY. 2/2/2010
Sec.
UM
Rev No.
Description of Change
Author
Eff. Date
0.0 All
Initial creation of Project Implementation
R. Whitehead
10/19/2006
Summary template for summarizing scope
C. Ward
i
of work, deliverables, and related
professional services required by
ChemWare to deploy HORIZON LIMS.
'i 1.0 All
Draft of Statement of Work document for
J. Jenkins
09/23/2009
specific City of Fort Worth project.
2.0 4&5
Renamed Section 4 to "Scope of Work" and
C. Ward
9/30/2009
incorporated tasks from Section 5 into
section 4 to remove any ambiguity.
Renumbered all subsequent sections.
Removed Requirements Matrix from SOW
App F
— will be included as a separate attachment
to the contract.
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ATTACHMENT_C_STATEMENT OF WORK.DOC PAGE2 OF 30 REV. 2/2/2010
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2.0 Purpose
The purpose of this Statement of Work document is to establish a mutual understanding
of the project methodology, resources, scope of work, timelines, risks, and assumptions.
This document is not intended to provide the level of detail included in the detailed
requirements analysis report. The Statement of Work sets the expectations for all
members of the Project Team, itemizes the business functionality requirements of the
City of Fort Worth's Laboratory Services Division project tasks and deliverables, the
technical environment (e.g. instrumentation), and the procedures by which the City
accepts each deliverable.
ATTAMWNT_C_STATEMENT OF WOR LDOC PAGE3 OF 30 REV. 2/212010
s
3.0 Teams and Management
This section outlines the roles and responsibilities
for the City and ChemWare staff.
3.1 Project Team Organization
HORIZON Implementation Project Organization
Jason Asher
..
Project Director/
Project Sponsor
Technical Lead
r
Kevin Carter
Project Manager
Team Lead
Sherri Kirklin
Implementation Specialist
System Administrator
r
Wendy Elliott -Smith
Development Team Support
City IT Technical Lead
Bill Steltenpohl
Engineering/integration Support
Laboratory Business Process
Expert
Robin Gray
'—
Technical Support/Training
Client Services Process Expert
Figure 1: Project Team organization chart
r
r
■
r
ATTACHMEM'_C_STATEMEN7 OF WOMDOC PAGE4 OF 30 REV.1l2l2010
3.1.1 ChemWare Project Team
3.1.1.1 Project Director/Technical Lead
The Project Director is 100% responsible for the oversight of the project and will coordinate all
ChemWare team resources.
Any issue that cannot be satisfactorily resolved by the Project Manager is escalated to the
Project Director.
3.1.1.2 Project Manager
The Project Manager is responsible for managing the day -to day activities of the project
and for tracking the completion of all tasks listed in the Implementation Plan. The Project
Manager will oversee every task and deliverable for your project, ensuring that the proper
resources are allocated and the project remains on schedule and on budget. The time
required for completing the implementation depends in some part on key strategic
'— decisions made within the laboratory. To mitigate this risk, the Project Manager will meet
with the laboratory staff to determine jointly how best to utilize the available laboratory
resources. Periodic reports will be filed with your LIMS Administrator and/or other
appropriate personnel, highlighting key milestones achieved during the prior period and
summarizing any open issues to be resolved during the next period. The Project Manager
will alert the laboratory if there is any indication that your project objectives may not be
met, and she has the authority to mobilize additional ChemWare resources, if necessary.
Should any customization or special programming be required, the PM will initiate the
Request for Services or Software Change (RSSC) process (described in a later section).
The RSSC is then reviewed and approved by the applicable Development Team Support
representative and the City's Team Lead before any work commences. If the RSSC
pertains to services or changes beyond the original scope of work, any additional costs
will be identified on the RSSC.
The Project Manager will prepare and deliver a monthly progress report. A Project Financial
Summary will also be supplied detailing how much of the purchased software/services have been
delivered to date. This report will be delivered to the City during the monthly and executive
progress update meetings.
i
3.1.1.3 Implementation Specialist
The Implementation Specialist is the primary onsite resource for the implementation. The
,— Implementation Specialist is responsible for the interpretation and translation of the
laboratory's business rules into the test codes, workflow, rules and related configuration
settings required by HORIZON to execute these business rules. The Implementation
Specialist will coordinate her efforts with the Project Manager in order to insure that key
milestone deliverables are achieved. The Implementation Specialist will also participate
in the onsite progress update meetings.
3.1.1.4 Support Staff
Additional subject matter experts, including support staff from the Development
Department, Engineering and Help Desk, will be called upon to perform specific tasks as
necessary. A ChemWare engineer will perform the physical installation at the Centralized
Water Laboratory, but Water IT engineering support staff will need to be available on -
site to work with ChemWare staff (preferably side -by -side) during the installation
ATTACHMZNT_C_STATEMENT OF WORK.DOC PAGES OF 30 REv. 2/2/2010
process. ChemWare engineers will also provide assistance in the software integration
portions of the implementation and will serve as subject matter experts for special
integration issues that may arise. Specifically, the engineer will focus on the integration
of the Scientific Data Management module and instrument interfacing.
q, The Help Desk handles routine technical support requests (not project -specific strategic
decisions, which should be directed to the Project Manager) for both production and
implementation customers, conducts System Administration I and II/III training, logs
Software Change Requests (SCRs) for product defects and enhancement requests, logs
and tracks all Technical Support Requests (TSRs) and supports other ChemWare Project
Team members as needed. At any given time, there are usually 3-6 staff manning the
Help Desk during normal business hours.
The Director of Software Development at ChemWare oversees all aspects of the software
life cycle, ensuring the proper quality processes are in place for custom software releases.
All other Project Management, Engineering, and Help Desk staff report to the Director of
Professional Services.
3.1.2 The City's Project Team and Roles
The City will assemble a Project Team to include, at a minimum, the following resources:
3.1.2.1 Project Sponsor and Stakeholders
The Project Sponsor and Stakeholders are the people who monitor the project from a high
level, making sure the project is progressing as expected and meets all objectives. These
Stakeholders remain informed of general progress and are alerted to critical obstacles that
may require a change in strategy, additional resources, or other intervention.
i 3.1.2.2 Team Lead
The Team Lead serves as the laboratory's internal project manager. He/she coordinates
the City's Project Team by managing individual tasks of the project, resources, budget,
and risks.
3.1.2.3 System Administrator
The System Administrator configures HORIZON to fit the laboratory's individual needs.
This primarily involves table configuration (defining product/test codes, workflows,
QC/action limits, etc.) and user security configuration; therefore, a working knowledge of
the laboratory's operation and technologies is essential. While ChemWare trains the
System Administrator, the individual should have strong computer (PC) skills, and be
able to think logically and critically. System Administrators should have demonstrated
_ experience in managing projects of similar scope, be able to communicate effectively
across all levels of the Project Team and be proactive in troubleshooting and taking
corrective actions based on ChemWare and user feedback. System Administrators with
SQL or related programming experience will be able to add advanced automation
capabilities and further customize the system through HORIZON's Application
Programming Interface. Visual Basic° and/or Actuate® development experience is
important if the System Administrator will develop custom reports for the laboratory or is
making major modifications to the off -the -shelf reports delivered with the system.
ATTACHMENT_C_STATEMENT OF WORKMOC PAGE6 OF 30 REP. 2/2/2010
3.1.2.4 Information Technology Resource
The Water Information Technology Division should assign an IT professional to the
project. The IT resource is tasked with installing workstations and servers, providing
maintenance and installing upgrades. This individual must be able to:
• maintain the laboratory's network;
_ maintain the server and individual workstations;
• install software;
• install and configure printers, instruments, and other hardware.
3.1.2.5 Laboratory/Operations/Business Rules Resource
A person with extensive knowledge of the laboratory operation is vital to the project. The
mo City requires one or more such resources familiar with laboratory processes, including:
• workflow and business rules;
• sample batching criteria (batching rules, quality control, etc);
i
• sample analysis information (analytes, methods, procedures, etc);
• data reduction rules (significant figures/rounding, data formats, etc);
• reporting specifications (electronic and final data reports);
• regulatory requirements.
3.1.2.6 Client Services/Business Analyst
A client services, project manager, or senior business analyst resource involved in the
early stages of project ensures a smooth transition — for both laboratory operation and its
customers — as the City launches HORIZON. This resource configures, or provides the
System Administrator with, the following information:
• client and profile hierarchy and organization;
• pricing and invoicing details;
• customer contact information (names, addresses, etc);
• reporting specifications;
• project contractual requirements and/or data quality objectives.
3.2 Communication Plan and Service
The Project Manager is responsible for all team communications. Project communication
ensures that all members of the City's LIMS Team and ChemWare's Project team remain
informed and keep the project on target from start to finish. Frequent communication
identifies risks, resolves obstacles, and keeps critical paths in the spotlight. The Project
Manager will establish with the City's team a communication plan that determines the
frequency, forum, and attendees for recurring meetings and information to be distributed
and the distribution list.
This plan will include provisions and commitments to the monthly management meeting
and regular project status calls with written minutes.
ATTACHMENf_C STATEMENT OF WOULDOC PAGE7 OF 30 REV. 2/2/2010
3.2.1 Technical Support Request Logging and Tracking
The Maintenance and Support Agreement describes the technical support services
ChemWare provides at no additional charge (beyond the annual Maintenance fee
commencing after the warranty period). ChemWare uses a formal tracking process to
y ensure successful completion of projects. In the event that an issue requires a software
change, ChemWare project personnel will file a Software Change Request (SCR).
SCRs have a severity priority assigned by ChemWare. The City is then provided with
_ promise dates for each SCR that impacts their project. The SCRs are tracked by the
Project Manager to ensure the project timeline. The Project Manager is responsible for
identifying and reporting all such SCR and Technical Support Request (TSR) issues to
the City.
For routine inquiries to the Help Desk, a TSR is initiated in the tracking system, and
assigned a ticket number, owner and priority. The priority system is described in the final
contract between ChemWare and the City. If the issue is the result of a software defect
that renders the software unusable (e.g., down production system, database crash, critical
sample or data processing halted), the TSR is characterized as Priority 1 and all
commercially reasonable measures are extended to resolve the issue as quickly as
possible, according to the terms of the final contract. All members of the ChemWare
Project Team and Development Team have access to the tracking system, and may
' respond or augment the TSR during its lifecycle. The City's Team Leader is provided the
TSR ticket number for further reference.
3.2.2 Service Requests and Escalation
The Project Director and the City's Project Sponsor must authorize any major changes to
the Project the Scope of Work. In the event an issue results in a request to change the
software, ChemWare project personnel will initiate a Software Change Request (SCR),
which is reviewed and prioritized by the Development Team, Support representative and
Director of Software Development. If the SCR results in customization or special
programming, a Request for Services or Software Change (RSSC) is initiated as well.
The City is provided a response and/or delivery commitment date (and affected software
release/version) for each SCR and RSSC (if applicable) that impacts the project. The
Project Manager tracks the SCR/RSSC against these commitments. The Project Manager
is responsible for properly assigning team resources to tasks, tracking the progress of
resources against the Project Plan timeline, verifying the quality of the work products and
identifying and reporting issues to the Project Director and the City's Project Sponsor, as
appropriate.
3.2.3 Request for Services or Software Change
The Maintenance and Support Agreement describes the "Other Services" not covered by
so the Agreement. All Centralized Water and Waste Water Laboratory -specific systems
integration, customization and special programming tasks will be described through a
RSSC (see 3.3.2 above). The objective is to properly document the requirements and
expected outcome of the service and to make sure the client understands and approves of
any additional costs involved, if applicable. Service labor rates are detailed in the final
contract.
ATTACHMENT C STATEMENTOMORR.DOC PAGE8OF30 REV.2/2/2010
Regardless of how detailed the specifications the potential always exists that an
unforeseen or new requirement will arise during the implementation. Should the Project
Sponsor decide that a moderate increase in the timeline and budget is an acceptable
tradeoff for the improvement in functionality, convenience, or automation, the RSSC
process will be followed.
In some cases, the RSSC is originated from a new idea about how to enhance or extend
the system, and the customer is willing to wait for the enhancement in a general product
release. If ChemWare provides such an enhancement, there is no additional cost involved
(beyond the annual maintenance fee).
All RSSCs are assigned an SCR number and tracked in the same system as the TSRs.
3.3 Risk Management
The Project Manager will establish, with the City's Team Leader, a communication plan
that determines the frequency, forum and attendees for recurring meetings and
information to be distributed and distribution list.
The Software Change Request (SCR) process ensures that proper priority is given to any
issues that may arise. The SCR process is complemented by ChemWare's standard
procedures for updating customers on project status, key milestones and SCRs should
they exist.
The time required for completing the implementation depends in some part on key
_ strategic decisions made within the laboratory. To mitigate this risk, the ChemWare
project management staff will meet with the City's LIMS Team to determine jointly how
best to utilize the available City resources. The project plan will document the specific
strategies, deliverables and tasks for both ChemWare and the City's LIMS Team
Members.
Anticipated risks at this time include:
• Limited information about laboratory business processes, for example, the
reviews and approvals process;
• Interfacing instruments connected to computers utilizing operating systems that
pre -date Windows 2000 not suitable for RS232 communications;
• Data migration efforts hold many unknowns until the data set to be migrated is
inspected and key decisions made about its relevance to the new system;
• Limited information about reports and reporting formats provided;
• Availability of City resources assigned to the project throughout the
implementation process.
ChemWare's ability to meet project requirements is based upon the following
assumptions:
• The City will supply an adequately staffed, capable and appropriately dedicated
project team to actively participate in this Project, including: meeting attendance
and participation, software deployment, use case development, acceptance testing
and effective communication with the ChemWare project team.
ATTACRMENT_C_STATEMENT OF WORR.DOC PACE9 OF 30 REV. 2/2/2010
• The minimum hardware and software requirements have been met, prior to
ChemWare Professional Services staff arriving on -site for system installation.
• All workstations and all instruments to be interfaced with HORIZON are capable
of writing ASCII output files to a common network drive accessible by the
HORIZON server or can be connected to a PC via an RS232 cable.
3.4 Change Orders
The following is a summary of the internal processes for initiating and tracking change
requests (as detailed in a previous section):
_ 1. The ChemWare Project Manager completes a Request for Services or Software
Change (RSSC) for any services requiring detailed, site -specific specifications
and documentation.
2. Jointly, the ChemWare Project Manager and the City's LIMS Project Team
Leader evaluate the RSSC for impact on the Project timeline, cost and level of
effort to execute the RSSC.
3. The RSSC form is finalized, and either approved or denied, in writing, by the
ChemWare Project Manager and the City's LIMS Project Team Leader.
4. All completed RSSC forms are entered into the ChemWare tracking system and
assigned a tracking number and owner. The owner is responsible for delivering
the resolution to the the City's LIMS Project Team and closing the issue as
expeditiously as possible.
,. 5. The ChemWare Project Manager adjusts the Project Plan to reflect the impact of
the approved RSSC, if applicable.
6. The ChemWare Project Manager notifies the appropriate ChemWare and City
.. resources of any approved or denied RSSCs.
WN
ATTACHMENT _C_STATEMENT OF WORK.DOC PAGE10 OF 30 REV. 2/2/2010
4.0 Scope of Work
4.1 Approach
ChemWare is recommending a Shared Resources approach for this project. With the
Shared Resources approach, ChemWare and the customer select representative test
methods and workflows for ChemWare to use as configuration models. ChemWare
completes the configuration and trains the customer to "clone" these models to analogous
methods and workflows. A similar approach is used for configuring clients and projects
in the LIMS, for batch rules and templates, and for business rules used in data reduction
(e.g., significant figures rules, reporting rules relative to cutoffs or detection limits, etc.).
ChemWare configures a representative suite of instrument interfaces and delivers off -the -
shelf operations and final reports. The customer uses the same tools and techniques used
by ChemWare to expand this effort over the full breadth of instrumentation and
deliverables. Advanced automation used to alert users on certain conditions (e.g., sample
receiving conditions, batch QC failures, sample result conditions compared to action
limits, etc.), to flag/qualify test results and to reflex or reschedule analytical procedures
based on test outcomes, can be added by the customer during the final part of the
implementation.
4.1.1 Project Tools
The primary project management tools to be used in the project are:
• Microsoft Outlook 2008 for e-mail communication and meeting/conference
scheduling
• Microsoft Project 2008 for implementation planning and tracking (Gantt charts)
• Microsoft Visio 2008 for process and workflow diagrams
• Office 2008 Suite for project report word processing and spreadsheet attachments
• The primary testing/troubleshooting/development tools used in the project are:
• SQL*Plus
• Import/Export
• SQL*Loader
• SQL*Developer
• Toad (Quest Software, Inc.)
4.2 Project Schedule
Phase I is comprised of the replacement of legacy system functions, providing no less than
current level of automation, full compliance with applicable regulatory requirements and major
improvements upon organization's interfacing, data management and reporting capabilities. The
second phase of the project adds the advanced automation functionality to the system and
integrates any business functions that are not considered "critical" at the outset.
With this approach in mind, the project schedule can be outlined as:
•. ➢ Project kickoff meeting
ATTACHMENT _C_STATEMENT OF W ORK.DOC PAGE11 OF 30 REV. 2/2/2010
➢ Communication planning for all stakeholders
➢ Completed installation qualification checklists
➢ Project management coordination/Orientation site visit
_ ➢ Resource planning,
➢ Assignment of roles and responsibilities
➢ Documentation of Change Management process
s
➢ Project plan document and acceptance check -list
➢ System Administrator I Training
➢ System configuration and ongoing stakeholder reviews
➢ Interface planning and development for instruments and systems
➢ Data migration activities (legacy LABWORKS data)
➢ Report development and delivery
➢ User and System Acceptance Test planning
➢ End -user Training
➢ Parallel Testing
➢ Final System Acceptance signoff (90-day warranty period)
➢ Go -Live assistance
➢ Ongoing support subsequent to warrant period
4.3 Project Kickoff
This stage involves building a working relationship between the ChemWare and the
City's LIMS Project Team members. The laboratory's Team Leader kicks off the project
internally with the Project Team to review implementation objectives, timelines and
assignment of resources well ahead of the LIMS installation. This Statement of Work
document is typically distributed to, and reviewed by, the Project Team. The ChemWare
Project Manager conducts a project launch with the the City's LIMS Project Team
Leader and/or entire Project Team to review the implementation process and identify next
steps.
Considerations during the Project Launch phase include:
• Review of hardware requirements, procurement, and expected arrival dates
• Schedule system installation task(s)
• Review the communication plan and detailed project work plan
4.3.1 Formalized Communication Plan
The ChemWare Project Manager and the City's LIMS Project Team Leader establish a
communication plan that fits the scope of the project. Considerations include:
ATTACHMENT_C_STATEMENT OF W ORK.DOC PAGE12 OF 30 REv. 2/2/2010
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• The frequency, forum, and attendees for recurring meetings
• Information to be distributed and distribution list
• Engagement and periodic oversight by top laboratory management
4.4 Strategic Planning
This phase involves significant strategic planning and gathering of details about the
laboratory and its workflow. During this time, each team member should identify any
gaps between the requirements and HORIZON's initial ("base") configuration. A
strategic planning checklist assists the Project Team in the completion of this task.
4.4.1 Orientation Site Visit
The Project Manager and the Implementation Specialist travel to review the laboratory
operation and the scope of work required. During this phase of the project, the System
Administrator and Project Team develop a familiarity with HORIZON's terminology and
workflow. The Project Manager, Implementation Specialist, and the City's LIMS Project
Team Leader work together to finalize the Implementation Plan and timelines.
Sub -tasks include:
• Finalize scope of the Implementation Plan
• Complete HORIZON LIMS Orientation Training
Prerequisite: System Installation is complete.
During this time, the System Administrator continues become familiar with HORIZON's
initial configuration and core functions. This serves to better understand the baseline
provided so that the System Configuration stage can commence as quickly as possible.
Should ChemWare find that additional automation enhancements could be provided to
optimize the laboratory's operation, based on business rules or work conditions, which
are specific to the Centralized Water and Waste Water Laboratory, it will be up to the
City's LIMS Project Team to determine if those enhancements are desired or necessary.
4.4.2 Formal Project Plan
In this stage of the project, a formal Implementation Plan and Schedule will be developed
with the input of the City's LIMS Project Team Leader. Included in the Implementation
Plan is a Gantt chart, with a breakdown of project milestones, responsibilities and key
deliverables.
The Implementation Plan Gantt Chart will include at minimum: the items in Section 4.2,
all milestone deliverables, all phases and tasks contained within Section 4 of this
document, and all milestone payment items. The schedule will be comprehensive and
us demonstrate the shared resources execution of the project. The ChemWare Project
Manager will issue a final version of the schedule within one week of the orientation site
visit and will maintain and update this schedule for the duration of the project. At
minimum, the schedule must be updated and reflect then -current project progress and
expectations for each bi-monthly project meeting.
ATTACHM ENT_C_STATEMENT OF WORK.DOC PAGE13 OF 30 REV. 2/2/2010
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Considerations during the Strategic Planning phase include:
• Understand HORIZON sample flow
• Determine the laboratory's workflow needs
• Investigate laboratory procedures
• Work with Project Team to develop Acceptance Test Plan Checklist
• Create Work Breakdown Structure
• Develop Gantt chart
4.5 System Administrator I Training
This introductory class explains the function and operation of each online transaction
from a user's perspective. The system administrator learns basic HORIZON concepts and
how samples flow from start to finish. Demonstration of how the underlying system
parameters control HORIZON's operation sheds insight into the system's capabilities.
These parameters are configurable by the laboratory. The training shows how the
HORIZON Rules Engine maintains these parameters. The System Administrator I class
also addresses the correct approach for testing the parameter settings and releasing new
settings from the test database into the production database. Worksheets are provided to
aid in the information gathering process that yields the data to model the methods and
load these parameter values. Upon completion of the class, the attendee is prepared to
return to the laboratory and start configuring the LIMS. Since HORIZON is pre -
configured with several hundred EPA, ASTM, microbiology and related methods, the
initial goal is to retain and modify these particular methods for the laboratory's own use.
The System Administrator I Course will be conducted at the City's training facility.
The following table summarizes some of the topics included in the System Administrator
I course.
System Administrator I
Description
Introductory HORIZON
administrator course that
outlines procedures for LIMS
configuration, maintenance and
optimization.
4.6 System Configuration
Topics
Control table relationships and basics
Detection limits, control limits and standards
HRM-Actuate Administrator perspective
HORIZON Data Management (HDM): End -user
perspective
Client/Project setup: Configuration assistance
Analysis code validation
Introduction to database structures
This portion of the project is where the business rules, test code definitions, and
clients/projects are configured in HORIZON. Data review and approval requirements are
defined throughout the system. The LIMS is integrated with external systems and
instruments, and both internal operations and final data reports are specified and
A7TACHMENT_C_STATEMENT OF WORK.DOC PAGE14 OF 30 REV. 2/2/2010
developed to meet end -user and data consumer needs. Security settings and user security
roles and privileges are configured. The system is readied for parallel and acceptance
Im testing.
4.6.1 Test Code (Acode) Definitions
This task requires careful planning and execution as acodes drive much of the system
behavior and function. Naming conventions and laboratory workflow are considerations
in acode development. Since HORIZON manages administrative units of work in the
same manner as laboratory analyses, these tasks and work processes will be defined as
well. Other acode components include: compound lists, detection limits, analysis price
(or cost), and exceptions to normal processing (when results don't meet certain criteria).
The list of test methods in Attachment H forms the basis of the scope of work with
respect to this task. The LIMS Business and Technical Functionality Requirements
matrix provides additional workflow and business rules that must also be incorporated in
the LIMS configuration. This task includes configuration of the data entry templates for
manual tests/procedures (such as wet chemistries), along with any calculations necessary
to compute all test results, whether manually or automatically captured via an instrument
interface.
_ 4.6.2 Batch Rules/Templates
HORIZON builds batches, selecting the samples to be placed in a batch based on pre-
defined criteria. Batch rule definitions set forth the manner in which samples are selected
for the batch, the maximum number of samples in a batch, the type and distribution of
QA/QC samples and other organizational relationships. Batches can be built using criteria
such as project or sample delivery group, or as cloned batches so the instrumentation
no batch is aligned identically to the preparation batch. HORIZON permanently maintains
the relationship(s) between QC samples/controls and test samples.
The worklist, which is the hardcopy representation of a batch, must be formatted. A
download file can optionally be created as the batch is built, so that the tray or run
sequence, including demographic data, is sent to the instrument data system.
" 4.6.3 Project/Profile Setup
More than just client names and addresses, Project and Profile setup includes information
on specific contracts, projects, programs, or studies being conducted by the laboratory,
including: reporting limits, data quality objectives (QA/QC requirements, down to the
analyte level), report recipients, report delivery options, result/report formats and any
specific exceptions from standard protocols. Significant input is required from client
services and project management staff in order to properly model these project /profiles.
Once several are modeled, the clients and their individual profiles and line items can be
• quickly cloned and renamed to build out the remaining configuration.
4.6.4 Calculations/Triggers
PW Custom calculations (not to be confused with general results calculations from manually
or automatically captured test results) and database triggers can be developed to provide
for nearly any type of system update or action desired — with no impact to the HORIZON
ATTACHMENT C STATEMENT OF WORK.DOC PAGE15OF30 REV. 2/2/2010
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rr
source code. Custom action triggers can be set up to fire during key events in LIMS:
sample login, results entry, results approval, batch release, sample completion, etc.
Calculations may contain logic or advanced math functions to compute or derive new
values from the combination of two or more other values (whether or not on the same
sample), or to interrogate results or samples for the presence/absence of certain
conditions or comparison to criteria. If underlying analytical results are edited, any
associated calculation will re -fire to create an updated computed/derived result, under full
audit trail.
HORIZON is delivered with over one hundred example calculations and triggers. These
vary in complexity, but the laboratory's system administrator or Water IT programming
.. staff with SQL skills can easily tailor these exposed programs for Laboratory Services
Division specific circumstances.
4.7 Ongoing Status Reports
4.7.1 Weekly Status Reports
ChemWare will establish a weekly meeting time so that all members of the project team
are kept up to date on the latest progress. This meeting time will primarily be used for
discussing any issues that have come up, devising solutions to those issues, and assigning
the resource(s) necessary to implement the solution. ChemWare will issue a weekly
report after each of these meetings, which will summarize the progress, conclusions, and
next steps. ChemWare uses a program called Projector to track the overall
implementation status and reconcile the associated project costs.
4.7.2 Monthly Management/Financial Reports
ChemWare will supply a monthly progress report which will cover progress for the past
month and plans/tasks for the future month. In some cases, a table of action items may be
included to highlight the responsibilities for the upcoming month. In conjunction with the
monthly progress report, a Project Financial Summary will be supplied detailing how
much of the purchased software/services have been delivered to date. This report will be
delivered to the City by the Project Manager during the monthly and executive progress
update meetings.
_ 4.8 Data Migration
The data migration effort potentially carries significant project risk, the scope of work
may involve 5-10 days of labor or it may require 60 days of effort —this will not be
•• ascertainable until all of the historical records for migration, in all of their varieties of
formats, and the media/application types (hardcopy, Excel, Access, etc.) are presented to
ChemWare for inspection. The following approach (outlined in Figures 2 and 3 below)
would typically require 1-4 man -weeks of ChemWare effort, and is the approach
proposed for this project pending further discussion.
Export/extract the data from the legacy LIMS into a separate new LIMS tablespace:
The data structures/relationships in the legacy LIMS would be mapped to a new
tablespace in the HORIZON database. The legacy samples cannot be queried from
within the new LIMS interface; however, the data are available to report writer
w
AWACHMEN7_C_STATEMENT OF W ORK.DOC PAGE16 OF 30 REV. 2/2/2010
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queries/reports. With most LIMS products, the queries/reports must be
developed/customized to attach to the new LIMS database/tablespace as well as the
new tablespace created for the legacy data. With HORIZON, customization would be
confined to a "wrapper" on the Data Layer, a normalized set of data objects against
which all queries/reports are written. An "Historical Report" calls the "wrapper,"
which establishes whether the sample(s) of interest exist in both tablespaces, and if so,
Data Layers from each tablespace are populated and merged into a new Data Layer.
The Historical Report displays reportable results and associated demographic data in a
common format, on a sample -by -sample basis (i.e., not associated with a
workorder/job in LabWorks or HORIZON), regardless of the data source. The
Historical Report displays batch IDs associated with the legacy sample data (where
available), and can be generated to display QC sample data in the same format as
actual field sample data. The batch IDs serve to maintain traceability between the field
samples and internal lab QC samples, although the Historical Report will not
automatically determine the QC relationships and display the field sample data with
their associated QC data in the same report (since the QC "thread" for the legacy
LIMS data will be nearly impossible to deduce and maintain in the new tablespace).
The remaining suite of off -the -shelf reports and queries would not require
modification, and would continue to query the HORIZON Data Layer only. The City
could modify these reports to query the "wrapper" instead, if desired. ChemWare
would prescribe the format of the legacy LIMS data so that the City could develop a
script to extract the data and populate the new tablespace, or manually enter the data if
programming skills were not available.
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ATTACBMENT_C_STATEMENT OF WORK.DOC PAGE17 OF 30 REV. 2/2/2010
HORMN Data Layer for LabVWorks UMS
Lab%%kwks LIMS::_ 4/1/2010
obpataLayerl
MW-1 '
MW-1
MW-1 ,
MW-1
HORRON LIMS: > 4/1/2010
objDataLayeO
MW-1
MW-1
Merged Data Layer. > 4/1/2010
c4Datalayer3
MW-1 Historical Reporting
MW-1
tblData layer, where_
MW-1 id _ X
MW-1 objDataLayer3
MW-1
MW-1
Figure 2: An Historical Report is generated for Sample MW-1. The LabWorks Data Layer
code and HORIZON Data Layer code are identical; the report code queries a custom
"wrapper" that populates these Data Layers and creates a new (merged) Data Layer when a
sample (MW-1 in this case) exists in both the legacy and new LIMS tablespaces.
ATTACHMENT-C-STATEMENT OF WORK.DOC PAGE18 OF 30
REV. 2/2/2010
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The individual HORIZON and LabWorks Data Layers are populated,
generating unique table IDs with the following methods:
declare
myHORIZONDataLayer horizon.objDataLayer;
myLabWorksDataLayer labworks.objDataLayer;
MW begin
myHORIZONDataLayer := horizon.objDataLayer('SAMPLE',null,
'to _char(collect_date, ''MM/DD/YYYY '') =
" 05/18/2008 ''',null,horizon.objUser('chemware'));
myLabWorksDataLayer := labworks.objDataLayer('SAMPLE',null,
'to _char(collect_date, ''MM/DD/YYYY '') =
" 06/26/2009''',null,labworks.objUser('chemware'));
dbms_output.put_line(' HORIZON table id
myHORIZONDataLayer.tblinsert);
dbms_output.put_line(' LabWorks table id
myLabWorksDataLayer.tblinsert);
MW end;
The results are then selected using the IDs generated above:
select s.lab_sample_id, s.collect_date
from tblDataLayer d, table(d.dl.samples) s
where d.id = 25
union
select s.lab_sample_id, s.collect_date
from horizon.tblDataLayer d, table(d.dl.samples) s
where d.id = 4
The query returns the combined result set:
No
LAB SAMPLE_ ID COLLECT —DATE
IM
Figure 3: The "merged" Data Layer is created from the individual LabWorks and
_ HORIZON Data Layers containing "historical" and "new" data, respectively, from samples
MW-01, MW-02, and MW-03.
ATTACHMENT C STATEMENT OF WORK.DOC PAGE190F30 REv. 2/2/2010
4.9 Instrument and Other Interfaces
Before the LIMS can understand the output from the instrument, a physical map must be
created so that HORIZON can translate the instrument output and associate the
information with the correct LIMS objects. Two different techniques are commonly used
based on the capabilities and limitations of the instrument and/or associated data system.
Attachment G includes a list of instruments to be interfaced during the implementation
and the specific techniques proposed. ChemWare's specification includes an average
services cost for our configuration of specified interfaces; some interfaces may require
more effort and some less effort, but the extended price is a not -to -exceed amount.
Associated interface software licenses are itemized separately.
AL HORIZON expects certain types of data to be uploaded through the instrument interface.
For example, one technique for validating the uploaded data is for the upload program to
check the batch number associated with the instrument run sequence. In some cases,
ChemWare may recommend that the instrument output be modified prior to interfacing,
if possible, to include these types of data.
HORIZON will also be interfaced to the City's pretreatment system. Details of the
interface, which may take the form of a LIMS file export, will be defined during initial
project activities.
4.9.1 HORIZON Data Management
The preferred interfacing technique uses the Waters/NuGenesiso print -to -database and
extraction template technology included in the HORIZON Data Management software
suite. Instruments with modern (Windows 2000 or higher) operating systems and data
systems utilizing Windows -based print drivers (Unix printing solutions are also
available), and which generate graphical analytical output in tabular or columnar format,
are readily interfaced using this technique. An electronic image of the instrument output
is captured and simultaneously extracted into XML; the resulting XML containing the
analytical results is processed into the Autopost Pipe by an automated agent running on
the LIMS server. Consequently, the analytical results in the LIMS are directly traceable
to the instrument's printed output.
ChemWare will deliver ten (5) HDM extraction template interfaces and HDM-Vision
licenses for up to 15 named users to use the print -to -database SDMS technology
(including anyone printing to the SDMS database, or querying/viewing records from the
SDMS database, whether through HORIZON's interface or directly through the
Waters/NuGenesis SDMS interface).
4.9.2 Labtronics LimsLink®
Instruments with irregularly formatted output (e.g., not in columnar/tabular format,
headers missing on multi -page outputs, text wrapping, auto -adjusted formats,
unpredictable data value lengths or terminations, etc.) or capable of generating only a text
file or RS232 data stream, are routinely interfaced using LimsLink. This technique is also
used for instruments with older operating systems that can't be upgraded (e.g., because of
firmware limitations), and in some cases, for instruments that print test results for the
ATTACHMENT_C_STATEMENT OF WORKMOC PAGE20 OF 30 REV. 2/2/2010
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entire run sequence only at the conclusion of the sequence (i.e., not on a sample -by -
sample basis).
Labtronic's CollectTM is the preferred interfacing technology for capturing readings from
any balance or scale equipped with an RS232 port. CollectTM supports bi-directional
_ commands and provides a simple to use solution for automation of weighing applications.
ChemWare will deliver five (5) LimsLink interfaces utilizing the licenses owned by the
laboratory.
4.10 Advanced LIMS Administrator Training
Additional training sessions allow LIMS Administrators to enhance their knowledge of
HORIZON and extend the core features of the LIMS. Training includes database
structures and data definitions, custom action triggers, condition codes, cosmetic report
changes, instrument interfacing, and other advanced topics developed of interest for
attendees. Advanced LIMS Administrator training will be conducted onsite at the City's
training facility.
No
The following table summarizes some of the topics included in the Advanced System
Administrator course.
Advanced System Administrator Training
Description Topics
TAdvanced training in concepts Custom triggers and calculations
designed to extend system Database structures
functionality using callable Condition codes and facades
database procedures and HORIZON's built-in result calculations
administrator tools.
Financials
HDM integration
HDM Extraction Template Builder
4.11 Report Development & Delivery
The HORIZON Report Manager -Actuate module includes all the Web Portal
i functionality, the "reporting engine," and the "report encyclopedia" that contains the off -
the -shelf reports developed and distributed by ChemWare with the current release (see A
D), as well as any additional reports the City develops on its own. The HORIZON Web
i
Portal, included with the Report Manager -Actuate module, includes a "single sign -on"
security layer that bypasses the native Actuate Portal logon process. The HORIZON Web
_ Portal will reside in the City's network DMZ and access authentication credentials
through an encrypted web service that communicates with HORIZON's database. There
is no direct connection to the database, which resides inside the City's firewall. The
MW LIMS user can launch reports by submitting a job in HORIZON without being prompted
again by the Actuate logon.
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ATTACHMENT C STATEMENT OF WORK.DOC PAGE210F30 REV. 2/2/2010
The scope of work for this project is based on delivering the custom reports described in
Attachment I, as well as training the City's staff to perform customization to the off -the -
shelf reports and to create new reports as required. Out -of -scope report customization can
be covered with ChemWare under a RSSC.
This task assumes the City will be reasonably flexible in its report design requirements
unless the report (such as the DMR) must conform to a regulatory -required format. In
other words, ChemWare will have reports that address the information needs described
•• by the samples provided with the RFP, and assumes that it is not the City's intent that
these reports be reengineered just so they look identical to its legacy reports. ChemWare
has also included a budget to provide up to 10 days of report and EDD configuration
services, to be applied at the City's discretion toward any modifications the City wishes
to make to the reports in this suite.
-} 4.12 Advanced Report Writer Training
This course is intended for system administrators and/or power users with a basic
_ familiarity of Visual Basic° and/or other report writing and data querying tools, such as
Microsoft Access® or Crystal Reports®. Additionally, attendees are expected to have
participated in the prerequisite System Administrator Training courses and have a
working understanding of the database schema. This course also focuses on the Web
Portal architecture and administration, as well as the various strategies for deploying and
managing an enterprise reporting solution.
The following table summarizes some of the topics included in the Advanced Report
Writer training course.
HORIZON Report Manager -Actuate
Description Topics
i
Advanced report writer training Actuate overview
for system administrators and Report design
power users that want to create Creating SQL queries
their own Actuate reports or
customize those provided by Building information objects
ChemWare. Using HORIZON stored procedures
Administering the report server
Advanced HORIZON reports
4.13 End User Training
Hands-on training is given to end -users to facilitate their transition to HORIZON.
Specific work tasks are explained and demonstrated so that the learning curve for system
users is minimized and made as smooth as possible. End -user training is designed to give
users an in-depth understanding of the activities HORIZON has been configured to
perform. Each End -User Training session is configured to meet the specific needs for
each of the customer's functional groups (i.e. Login, Analysts, Project Managers).
■
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ATTACHMENT_C_STATEMENT OF WORK.DOC PAGE22 OF 30 REv. 2/2/2010
ChemWare will conduct end -user training in two separate onsite sessions. The first
course will occur shortly before cutover and will prepare end -users for the cutover into
production. The second course will occur approximately 30-90 days after cutover and
will provide end -users with an opportunity to review the system and pose questions with
the benefit of having had "time in the seat".
The following table summarizes some of the topics included in the End User training
course.
End -User Training
Description Topics
Training designed to transfer Practical HDM applications
understanding of HORIZON Web Portal: Report generation and distribution
functionality and specific Sample login
workflow processes to
laboratory end -users. Batching
_ Laboratory end -users learn how Posting
to use HORIZON in the context Data review and batch release
of their daily job functions. Client services and invoicing
4.14 Parallel and Acceptance Testing
This is the final testing and debugging of the system prior to its release as a live and on-
going application. The parallel testing and validation assistance to be provided by
_ ChemWare is to include an Installation Qualification checklist (also see Section 6.1) and
test code validation scripts to assist the laboratory in testing and documenting the
validation of the system. ChemWare will also be a resource for system and
_ implementation questions pertaining to the system at its initial "go -live," assisting in
side -by -side comparison of results produced by the legacy and HORIZON systems. The
Project Manager or Implementation Specialist will be onsite at the laboratory for 5-
days during this phase.
Acceptance testing concludes upon completion of the Acceptance Test Plan (ATP)
checklist prepared and approved by the City. This process usually uncovers any issues in
the operation or usability of the configured HORIZON system. Section 6 provides details
of the testing and acceptance process.
4.15 Go -Live
Following sign -off of the ATP and completion of parallel testing and validation, the
system is put into either partial or full production. In partial production mode, either a
single project can be logged through the system, or multiple projects can be logged
through only a limited battery of tests within a single department. The specific strategy
may be determined at any point in the project. The Project Manager or Implementation
Specialist will be onsite at the laboratory to provide system cutover assistance for 4-
days during this phase.
.t
ATTACRMENT_C_STATEMENT OF WORK.DOC PAGE23 OF 30 REV. 2/2/2010
so
so
As an additional element of Task 4.15, ChemWare will provide one week of on -site
assistance and support during the City's 2010 Annual NELAP Audit (anticipated during
the April to August timeframe). ChemWare has committed to the assignment of Mr. Bob
Whitehead for this project task. Prior to his participation in the project, Mr. Whitehead
will be briefed on the City's use and implementation of the LIMS by the ChemWare
a Project Manager.
4.16 Ongoing Support
Once the initial implementation is completed, most questions that arise tend to be routine
support issues, which are coordinated directly with ChemWare's Help Desk. Access to
the Help Desk remains available indefinitely as long as your Software Maintenance
Agreement is extended from year to year.
Of course, your Project Administrator remains available following the implementation. If
strategic questions arise, or you wish to implement a second phase of HORIZON, your
Project Administrator is available for consultation.
During the warranty period, and as long as the City continues to renew its annual
i, maintenance agreement, City will receive software updates, unlimited telephone, fax and
e-mail support, and remote dial -up or web -based troubleshooting and diagnostics.
i
r
ii
r ,
ATFACAMENT_C_STATEMENT OF W ORK.DOC PAGE24 OF 30 REV. 2/2/2010
5.0 Other Deliverables
This section describes the "tangible" deliverables — off -the -shelf software that ChemWare
has committed to provide as part of the scope of work. Unless specified otherwise, all
software products sold by ChemWare are provided with a one-year warranty from date of
software installation.
5.1 LIMS Software
HORIZON Central is the core LIMS license, providing required features and capabilities.
The terms and conditions of licensing are described in the final contract.
5.2 Intergrated Third Party Software
HORIZON LIMS is just one component of an enterprise -wide laboratory automation
solution. HORIZON is integrated with Scientific Data Management System (SDMS)
software, Business Intelligence (BI) software, and various data capture and integration
_ components.
The HORIZON Report Manager -Actuate licenses are "application specific." Actuate is
used to generate reports from HORIZON and manage report distribution through the
integrated HORIZON Web Portal. HRM-Actuate includes the end -user report writer
license, an ad hoc query/reporting wizard (Actuate Query) for each end -user and one
license each of the ERDPro and ERD report development/administration tools (for
advanced and intermediate users, respectively), for each processor license of Actuate. A
processor -based (unlimited end -user) license is required to make the LIMS reports
available to external laboratory customers via the HORIZON Web Portal.
In addition to the Oracle RDBMS (see 5.3 below), the Oracle Forms Services application
server software is integrated with HORIZON LIMS to provide the thin -client interface.
5.3 Database
The Oracle database and Oracle Forms licenses required to use the HORIZON
application are included in the cost proposal.
Users will contact ChemWare directly for all application related support and database -
related support. It is highly advisable to have ChemWare provide assistance with on -site
installations of major new software versions (e.g., whole number releases: v9.0, v10.0,
etc.) and new technologies the City may adopt in the future.
5.4 Hardware
TBD — Chem Ware and the City to review hardware requirements.
ATTACHMENT_C_STATEM ENT OF WORK.DOC PACE25 OF 30 REV. 2/2/2010
6.0 Acceptance of Work
s The following criteria will be used to determine final acceptance of the implemented
HORIZON business solution and will initiate the project closure process at ChemWare:
1. All Deliverables (as defined in the final contract) including documentation, software
and services have been provided to, and accepted by, the City in accordance with the
provisions of the final contract and its exhibits/attachments.
2. All Requests for Software or Service Change (RSSCs) generated during the course of
the implementation project are closed to the satisfaction of the ChemWare Project
Administrator and the City's LIMS Team Leader.
3. All invoices related to this project have been submitted and approved for payment.
The following sections describe the specific phases and components of the software
testing and acceptance process:
6.1 Installation Qualification Checklist
When the software is physically installed at the City, an Installation Qualification (IQ)
checklist is used to demonstrate that all components have been properly installed and are
functioning as expected. The designated City representative and ChemWare's Project
Manager will each sign off on the IQ (acceptance certificate) to document acceptable
completion of this Deliverable, marking the "Acceptance Date" of the software.
6.2 Acceptance Test Plan
The planning phase of the project includes the review and approval of the Acceptance
Test Plan Checklist (ATP). Each applicable Deliverable is itemized in the ATP, with a
summary of the acceptance criteria. As each Deliverable is delivered and accepted, the
City's LIMS Project Team Leader signs and dates the respective signature block in the
■ ATP. Any changes to the ATP will be made using the appropriate document management
and change control procedures, as described in this Statement of Work. The ATP will be
fully executed for each Deliverable prior to Final Acceptance Testing.
r
6.3 Acceptance Test Issues and Resolution
For each Deliverable provided by ChemWare, testing and acceptance under the ATP
shall commence on the work day following the day the Deliverable was provided to the
City and the City notified it is ready to undergo evaluation and acceptance testing. The
r
City shall complete the ATP within ten (10) workdays of this notification date. Should
the City not complete the ATP or not report any material defects in the Deliverable
within this timeframe, the Deliverable shall be deemed Accepted by the City. This
timeframe may be adjusted due to extenuating circumstances and upon mutual agreement
by the Team Leads from both parties. Should a material defect be identified and reported
(as described below) to ChemWare, ChemWare shall have ten (10) workdays to correct
the defect and provide the City with the corrected Deliverable. The City shall complete
ATP testing within the following ten (10) workdays and testing and acceptance shall
resume in the same manner as above.
ATTACHMENT C STATEMENT OF WORK.DOC PAGE26 OF 30 REv. 2/2/2010
ChemWare will provide an Acceptance Test Issue Log and an Acceptance Test Issue
Form to document any problems or issues experienced during the acceptance test, along
with pertinent information about the subsequent investigation and resolution. These
issues will then be entered into ChemWare's software support tracking system and
assigned TSR and/or SCR tracking numbers, as applicable. When all issues are resolved
to the satisfaction of the City's LIMS Team Leader and ChemWare's Project Manager,
they will both sign the Final Approval section of the ATP to document the completion
and acceptance of each Deliverable. Depending on specific City's billing requirements,
the ATP may be included with ChemWare's invoice so that City's accounting staff and
other Project Team members know the disposition of each Deliverable prior to payment
approval.
6.4 Final Acceptance Testing
Final Acceptance Testing (FAT) will be conducted over a mutually agreed upon period
following acceptance of the final Deliverable and prior to cutover (the RFP suggested a
90 day period). During this period the software and any ChemWare-provided or modified
infrastructure components must meet or exceed all functional and performance
requirements identified in the final contract, with no material defects in the software.
During this FAT period, it is expected that adjustments will be necessary to various
system configuration settings (e.g., minor modifications to calculations, reports,
workflow, interfaces, etc.) as the system is fine-tuned prior to cutover. These types of
adjustments and modifications are not considered material defects in the software, but
part of the expected iterative process of exercising the system. Should the City not
complete the FAT or not report any material defects in the software within this
timeframe, the System shall be deemed Accepted by the City. This timeframe may be
adjusted due to extenuating circumstances and upon mutual agreement by the Team
Leads from both parties. Should a material defect be identified and reported to
ChemWare (as described in 6.3 above), ChemWare shall have thirty (30) days to correct
the defect and provide the City with the corrected Deliverable. The City shall complete
the FAT testing within the agreed upon period following delivery of all such corrected
Deliverables, and testing and acceptance shall resume in the same manner as above.
Upon completion and sign -off of the FAT, any final payments or holdbacks will be
released to ChemWare. The system will continue to be supported under the warranty
terms.
6.5 Software Maintenance, Year 2 and Beyond
At the conclusion of the first year warranty period, "Year 2" maintenance begins. The
obligations of both parties are described in the final contract, which automatically renews
on the same anniversary date each year thereafter, unless terminated by either party. The
final contract also describes how much advance notice is required if there is going to be a
change to the maintenance fee. Beginning in January 2009, the standard annual
maintenance fee is calculated at 18% of the cost of the HORIZON -related software
licenses purchased through ChemWare (HC and HO line items on the product schedule).
Once the initial implementation is completed, most questions that arise tend to be routine
support issues, which are coordinated directly with ChemWare's Help Desk. Access to
ATTACHMENT C STATEMENT OF WORKMOC PAGE27 OF 30 REv. 2/2/2010
the Help Desk remains available indefinitely as long as your Software Maintenance
Agreement is extended from year to year.
Of course, your Project Administrator remains available following the implementation. If
strategic questions arise, or you wish to implement a second phase of HORIZON, your
Project Administrator is available for consultation.
During the warranty period, and as long as the City continues to renew its annual
maintenance agreement, City will receive software updates, unlimited telephone, fax and
e-mail support, and remote dial -up or web -based troubleshooting and diagnostics.
6.5.1 Help Desk Support
ChemWare's Help Desk is staffed between the regular business hours of 7:00 a.m. and 5:00 p.m.
Central time, Monday through Friday, excluding standard U.S. Holidays. ChemWare supports all
of its customers, from as far west as Anchorage to as far east as Seoul, Korea, from its
headquarters in Raleigh, NC. Other than routine installation, configuration assistance and training
visits, customers very rarely require on -site vendor services to fully deploy and maintain
HORIZON.
ChemWare support is available at support@chemware.com or at our business number
(919-855-8716, option 1). All support issues are logged into ChemWare's PVCS Tracker
system and remain open until resolved.
6.5.2 Emergency Support Services
24x7x365 emergency pager/cell phone support is available to customers operating
mission -critical laboratories. Because HORIZON's platform is time -tested and
remarkably stable, the incidence of mission -critical requests is extremely low; emergency
�. support has been requested only five times in the past eight years. The emergency support
line is manned outside regular ChemWare support hours only: 6pm EST - gam EST on
weeknights and 24hr coverage on weekends and holidays. Any emergencies during
normal business hours are handled through our production emergency support line and
are covered under the existing ChemWare maintenance agreement.
6.5.3 Remote Access Support
Remote support is accomplished via the online Conference Room at
www.chemware.com, using GoToMeeting web conferencing services. There is no
additional charge for ChemWare to perform covered services via the Web.
ATTACHMENT_C_STATEMENT OF W ORK.DOC PAGE28 OF 30 REV. 2/2/2010
ATTACHMENT C-STATEMENT OF WORK
7.0 Understandings
1. All required hardware is (or will be) in place on the network and meets minimum
specifications as published on ChemWare's web site or provided to the City prior
to software installation.
2. Project timeline and costs are based on assumptions about resource utilization for
each of the project team members (see Section 3.2 for additional discussion), as
,. well as the qualifications of City team members. Many of the implementation
tasks will require input and participation from the City team. If resource
utilization is lower than expected, or there is staff turnover during the course of
the implementation, the timing and overall cost of the project may be adversely
impacted.
3. Scope of work and resources were estimated without the availability of a detailed
list of test methods and matrices (see Attachment H ). ChemWare personnel
estimated the level of effort based on past experience with comparably -sized
water quality/waste water laboratories.
4. ChemWare is specifically including only the products and services described in
the Product Schedule in the final contract. The following is a summary of the
products and services specifically not included. The intent of this section is to
avoid any confusion about which products and services ChemWare has assumed
are the City's responsibility:
a. Barcode Peripherals: Barcode wands, readers, label printers, label
stock and related equipment and supplies are not, at this time,
included.
b. Desktop/Workstation Software and Hardware: Not included are the
PCs, PC operating system software licenses, Microsoft Office products
(such as Excel® and Word®), Adobe products, and related desktop
application software that may or may not be used in conjunction with
HORIZON LIMS and other integrated ChemWare third party software
solutions. All such hardware and software is expected to be in place
prior to project startup, unless ChemWare is instructed otherwise.
c. Fax/Modem Hardware: Not included is any fax/modem hardware the
laboratory wishes to use in conjunction with the integrated HORIZON
Autofaxing (Faxman) module. This hardware, if not already available,
is readily available and inexpensive.
d. Third -Party Billing and Accounting System Software: Not included
are the functions normally reserved for third -party billing systems,
such as the handling of Medicare/Medicaid reporting, verification of
insurance coverage, etc., and full accounting system functions such as
payroll, accounts/payable, aged receivables reports, payment/revenue
recognition, taxes, income statements, etc. HORIZON handles the
creation, editing and transmission (to the City's accounting system) of
charges, credits and demographics associated with testing and fees
generated by the laboratory.
EM
ATTACHMENT _C_STATEMENT OF WORK.DOC PACE29 OF 30 REv. 2/2/2010
ATTACHMENT C-STATEMENT OF WORK
e. High Speed Scanner, Adobe Software: Not included are any
scanner/copiers or associated software, including but not limited to
Adobe that might be used by the laboratory to scan-to-PDF any
documents received in hardcopy form by the laboratory.
f. Instrument Cabling, Network Interface Cards and Related
Infrastructure: ChemWare assumes the City's instruments are on the
network and "communication -ready" with respect to LIMS.
g. Additional Licensing for Additional Processors, Users, or Other
Incremental Metrics: Depending on the software licensing metric, if
additional users (for named user licenses), servers (for site- or server -
based licenses), devices (for device- or instrument -based licenses) or
processors (for processor -based licenses) are needed in the future,
additional licenses are available from ChemWare.
- h. Additional Students for Training: If additional students require
training, additional training fees may apply.
i. Unlimited Report Customization: ChemWare has included a budget
to provide report development/customization services, if desired by the
City. This budget may be increased or decreased depending on the
_ extent to which the City desires ChemWare to be involved.
j. Custom Data Entry Spreadsheets, Triggers, and Other
Unspecified User -Configurable Items: The City may elect to use
custom Excel spreadsheets for manual data capture (examples are
provided with the delivered system), custom action triggers for results
flagging, validation and automated alerts (such as emails to project
managers or supervisors), and numerous other advanced programmatic
techniques for interacting with HORIZON'S API.
k. Field Data Collection: ChemWare offers an optional application for
automatically capturing field data on ruggedized notebook PCs or
tablet PCs. The application includes an embedded RS232 scripting
program that interfaces the FDC spreadsheet to field instruments for
capturing RS232 data via the serial port.
no
ATTACHMENT C STATEMENT OF WORK.DOC PAGE30 OF 30 REv. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS NOT
AND Included
NUMBERING PROPOSED
LIMS
test (Senior/QC).
J-3 Describe the LIMS ability to allow for validation/approval
by a number of filter criteria (e.g., analyst, test, location,
batch, etc.).
J-4 Should a sample have items in multiple batches, all
batches shall be validated before the samples status
becomes "Reportable" (or similar status). Please describe
the LIMS ability to meet this requirement.
J-5 Describe the LIMS ability to create test replicates without
deletion of invalid tests.
DESCRIPTION
method to method if desired.
The primary method for approving samples is by QC
batch (e.g., "prep" batch and "analytical" batch). A QC
batch is typically associated with a given user processed
on a given date, for a given test (or set of tests), and the
sample containers are typically transferred and stored
together throughout different areas of the laboratory
(and/or a walk-in cooler). Eligible samples can be queried
by any of the parameters listed below and batched
together for review/approval. The completion of the
review step will move the samples along to the next step
in the overall work process. A "review batch" could
contain many analytical batches, for example, and an
analytical batch could contain samples from many
individual preparation batches -- so a "batch" need not be
a group of samples that follow the workflow from start to
finish through the entire laboratory. Users don't query
samples or batches to determine what needs to be
reviewed -- the Backlog contains a prioritized list of
batches eligible for that particular user's review process,
and the user simply clicks on the highest priority review
batches and then approves all the samples in the batch
with a single click OR indicates which of the samples are
unacceptable or require qualification on an "exception"
basis.
This is standard functionality in HORIZON. Typically
the completion of a final PM level review indicates that a
sample is ready for reporting.
This is standard functionality in HORIZON.
Attachment_D Statement of Work Matrix.doc Page 34 of 66 Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS NOT
AND Included
NUMBERING PROPOSED
LIMS
J-6 Describe the LIMS notification process for those samples
that are awaiting approval.
J-7 Describe the LIMS ability to flag results that are
questionable by control charts even if results are valid and
pass QA/QC.
J-8 Describe the ability for an analyst to flag results in the
LIMS that are questionable even if results are valid and
pass QA/QC.
J-9 Describe the LIMS ability to provide validation criteria
information related to location (i.e., ability to establish
location -specific limits).
J-10 Elaborate appropriately and succinctly any Data
Validation and Approval considerations not called out in
this section that are deemed important differentiators or
essential functionality.
DESCRIPTION
Samples awaiting approval flow into the data reviewer's
online Backlog. At any time the data reviewer can query
the backlog or run a report to see samples awaiting
review. An active alert such as an email can be triggered
if necessary, but this is typically not recommended
because all the information the user needs is right there in
HORIZON -- no need to have them looking in their email
inbox as well.
Data flagging rules in the HORIZON Statistical Analysis
module are user configurable. HSA may show that a
trend is occurring for samples, that while they may pass
QA/QC, it is worth noting on the sample and/or report.
See above.
HORIZON can store project, client, location or
workorder specific limits or exceedances.
HORIZON provides a major advantage for analytical
data reviewers, supervisors and QA reviewers who wish
to see all the analytical data and associated project
documentation in one place, at their fingertips, during
their review. Many such HORIZON users have
widescreen monitors and bring up the documentation
(including instrument raw data) alongside the screens in
HORIZON that show the reportable results as fully
calculated and reduced and the final report itself. This
type of validation eliminates the need for reviewers to
search for associated data within hardcopy files and raw
data reports. HORIZON will logically query all these
records for you.
Attachment_D Statement of Work Matrix.doc Page 35 of 66 Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY
LIMS REQUIREMENTS
NOT
DESCRIPTION
AND
Included
NUMBERING
PROPOSED
LIMS
K Laboratory Management and Standards
K-1
GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
K-2
Describe the LIMS ability to provide online inventory of
HORIZON provides an online Standards/Reagents/Media
chemicals, reagent inventories, and supplies and the ability
log for tracking stock and secondary (working) standards,
to record expiration dates. Please describe the method
and the volumes and expiration dates for media, reagents
used to add inventory to the system, as well as whether or
and controls, with full traceability to all raw material
not the system has the ability to automatically decrement
components. There is a standard off -the -shelf report that
inventory based on sample runs.
shows all materials and their QC/certification results and
expiration dates.
End -users can also track all laboratory consumables,
including detailed vendor information and reorder points
using HORIZON's inventory management module. The
inventory overview screens allow users to gain quick
insight into current stock amounts and record bulk
inventory reconciliation when the current in stock values
are incorrect. HORIZON's inventory control also
provides the ability to create, approve and track current
supply orders, including kits/coolers, forms, media or
other supplies originated by the laboratory and distributed
to collectors or customers. A standard Inventory
Reconciliation report and a worksheet for manual
reconciliation have also been added.
K-3
Describe the LIMS ability to track preventive and standard
Instruments can be taken "off-line" in HORIZON when
maintenance on instruments and alert staff when
they are undergoing service or out of calibration. Most of
maintenance is required.
our users prefer to track the maintenance records in an
Excel spreadsheet or a separate PC -based application.
K-4
Describe the LIMS ability to maintain document
Any documents can be stored in the SDMS and retrieved
attachments for items such as, but not limited to,
based on the specific target item of interest i.e. you can
procedures, safety information, project information/project
search on project information documents from the Client
plans, QA plans, resource planning, monitoring schedules,
Setup screen.
Attachment D_Statement of Work Matrix.doc
Page 36 of 66
Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS
AND
NUMBERING
etc.
K-5 Describe the LIMS ability to provide work assignment
features for planning and scheduling the laboratory's
workload. These features shall take into account:
K-5a Sample priority
K-5b Maximum valid holding time
K-5c Sample age
K-5d Due date
K-6 Describe the LIMS ability to track certifications and
training including renewal criteria/dates.
K-7 Describe the ability of the LIMS to track Lab
Accreditation and Certification records such as proficiency
testing results, safety training certifications, and approval
NOT DESCRIPTION
Included
PROPOSED
LIMS
The online Backlog window or the standard backlog
report will give authorized users an overview of the
workload in each department. Example workload reports
are provided with the delivered system, and are
customizable using the tools provided. The Management
Dashboard will show supervisors/managers immediately
when holding times or similar high priority events are in
jeopardy, so actions can be taken immediately and
without searching for data, running special reports, or
scanning your email inbox for special alerts that have
been emailed to you.
HORIZON tracks each user's "certification" status --
what procedures they are certified on and when they
expire. If an analyst fails to participate in a training
program, for example, the supervisor could simply go
into the User Edit transaction and decertify him/her on
the appropriate procedures. Certification documentation
can also be printed into the SDMS and attached to the
user.
Proficiency/performance evaluation (PE) samples can be
treated essentially the same as any other field sample,
except that they can be logged into the LIMS as double
blind QCs (e.g., lab staff would not know they were PEs),
Attachment D_Statement of Work Matrix.doc Page 37 of 66 Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
(Refer to and modify the separate "Requirements Matrix" file)
The City recommends that the requested descriptions and appropriate elaboration of the Requirements Matrix be completed before completing the balance of the
RFP response, and that where other sections of the RFP duplicate information already contained in the Matrix, the Proposer should simply reference the Matrix
location for that information.
SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION
AND Included
NUMBERING PROPOSED
LIMS
B
System Infrastructure
The proposing vendor is expected to provide all necessary information
regarding hardware, software, and database licensing subject to this section:
B-I GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
B-2 The system must operate in the Microsoft (MS) Windows
Server 2008 environment.
While we believe the system will operate in a Windows
2008 environment, it will not be formally certified in that
environment until our next major release. Our release
schedule is driven by our customers and third -party
vendors. Many of our customers operate in
GMP/validated environments and do not wish to take the
latest operating system or database upgrades when they
hit the market, because of the magnitude of the validation
effort and the likelihood that these versions will require
Attachment_D_Statement of Work Matrix.doc Page t of 66 Rev. 2/2/20 ] 0
a
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS
AND
NUMBERING
B-3 Provide a server specification including space
requirements. Note: the vendor is required to provide a
quote for hardware in Cost Proposal 1 - System Cost.
B-4 The City prefers MS SQL Server database platform.
Please specify the preferred database (including versions),
and explain the rationale of the database choice.
NOT DESCRIPTION
Included
PROPOSED
LIMS
1-3 years to fully stabilize.
Since its first release in 1991, HORIZON has always
been an Oracle -based application. Many of the
institutions and governments that use HORIZON are
operating in mixed computing environments (i.e., Oracle,
Microsoft, and Sun). At the very core of HORIZON's
design was the fundamental principle that the LIMS
administrator(s) would use HORIZON's installation
scripts and built-in tools when interacting with, or
configuring, the database or interface. Consequently, the
database platform itself is of little significance to our
typical customer, although that is rarely the case for other
LIMS products on the market. Because of this unique
engineering approach, ChemWare was certified by
Oracle to sell and support a special "embedded" license
type normally reserved for handheld devices such as
PDAs and smart phones, and indeed, the Oracle database
itself is bundled with the HORIZON Central core LIMS
module for that reason. As LIMS vendors were driven to
develop "web -based" applications, many of them
reengineered their products with entirely new front-end
technologies (e.g., .NET) or provided "thin client" access
through remote connection middleware (e.g., Citrix
Metaframe/WinFrame/XenApp). ChemWare, on the
other hand, simply moved the interface from Oracle
Forms 6i to Forms 10g, using Oracle's migration
pathway. What this means is that our product has the
benefit of the full 19 years it has been used in
environmental laboratories, even though the architecture
Attachment D Statement of Work Matrix.doc Page 2 of 66 Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS NOT
AND Included
NUMBERING PROPOSED
LIMS
B-5 Describe any experience utilizing server virtualization
with the proposed LIMS. Include any problems
encountered.
B-6 Indicate where event triggering and transaction processing
take place (e.g., database level, middleware, etc.).
B-7 Specify the proposed LIMS architecture configuration by
description and drawing (e.g., n-tier client -server, thin-
client/web-enabled). No formal requirement is set forth in
terms of architecture as long as it best meets the needs of
the City.
B-8 Provide high-level details on the architecture of the
proposed configuration, including the availability of API's,
web services, and similar open architectures enabling
expansion, custom reporting, and interfacing to the LIMS
(such description should include a listing and discussion of
available web services).
DESCRIPTION
itself was a relatively dramatic change (moving from
client/server to thin client in 2007). The products and
versions in this "Oracle IOg" architecture are identical to
those used in tens of thousands of deployments around
the globe, so reliability, performance, scalability, and
maintainability are time -tested and well documented.
Triggering and transaction processing take place at the
database level. Application -specific triggers ("custom
action triggers," not database triggers) are independent of
the database itself, and implemented at the business logic
layer. Any custom action trigger you developed, for
example, would not be impacted by a database upgrade
provided by ChemWare. The workflow, test code
definitions and other business logic components are also
implemented in the application (middle) tier, independent
of both the user interface and the database.
HORIZON is an n-tier/thin client application and can be
deployed in a variety of configurations for optimum
scalability, performance, and maintainability.
Please see Appendix iii for a graphical representation of
the architecture of the application and a web services
architecture diagram.
There are virtually unlimited opportunities to extend the
functionality of HORIZON by taking advantage of the
API "hooks" provided throughout the application and
fully documented. These "points of entry" allow the user
Attachment_D Statement of Work Matrix.doc Page 3 of 66 Rev. 2/2/2010
ATTACHMENT D — REQUIREMENTS MATRIX
SECTION CATEGORY LIMS REQUIREMENTS
AND
NUMBERING
B-9 The system must be compatible with MS Exchange Server
2007 (for sending automated alerts, etc.) and use SMTP
service. The City will not allow use of POP3 or IMAP
services.
NOT DESCRIPTION
Included
PROPOSED
LIMS
to create triggers, calculations, and similar custom logic
to apply site -specific criteria and actions that are too
esoteric to pertain to the general water quality user
community. More than one hundred such example
extensions are delivered with the system. None of this
customization involves or affects the core LIMS source
code. Callable stored procedures are also fully
documented, and many of our customers write their own
applications and call these procedures so there is no need
to duplicate or understand any of the functionality
relating to HORIZON's login, scheduling, data reduction,
or invoicing code, for example.
Web services are fully supported by HORIZON LIMS®
and its associated Web Portal module. SOA is fully
leveraged in the implementation of "CwAdmin," which
hosts all of the web services developed by ChemWare
and provides the integration between the Web Portal and
the HORIZON LIMS database. The Web Portal is a
ChemWare-developed, Java -based interface for the
Actuate iServer® platform, and serves as the web -based
data access point for the laboratory's internal and external
data consumers (via reports and queries). All Web Portal
dynamic data and report content are delivered through
calls to various web services contained in CwAdmin. The
web services that fuel the reporting content reside on the
Actuate iServer; the iServer also provides the
encyclopedia of report files.
Standard LIMS Functionality
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B-10 The minimum desktop/laptop/tablet configurations
supported by the City are: desktop/laptop/tablet
workstations with 1 GB memory minimum, 75GB HD
minimum, and standard peripheral support through USB,
10/100 TIC, and CD/DVD, running Windows XP
Professional SP2. Please confirm that these configurations
are acceptable along with the intent to support future
versions of Windows while maintaining backward
compatibility.
B-11 Describe any experience or problems encountered with
incompatible hardware, operating systems (specifically
MS Vista), server configurations, Microsoft Office 2003
or 2007 or similar issues of which the City should be
aware regarding the related infrastructure.
B-12 Describe the software products and/or tools utilized in
development of the LIMS.
B-13 Describe the ability of the system to allow for active
directory integration.
NOT DESCRIPTION
Included
PROPOSED
LIMS
Yes, these configurations are acceptable. HORIZON
utilizes a browser -based user interface, so the only
requirement that must be maintained to use the
application is the ability to run Microsoft Internet
Explorer v6.0 or greater. ChemWare's policy is to
maintain support and certification for Windows -based
operating systems at least as long as they are officially
supported by Microsoft.
ChemWare will work with the City to recommend and
size server configurations prior to software installation.
We have included suggested server specifications in
Appendix iii to the proposal.
HORIZON's development environment is PL/SQL
(stored procedures, Oracle Forms), and Java (Web
Portal).
HORIZON uses a common package (PL/SQL) to validate
the HORIZON logon and password against the user
configuration tables. This package can be replaced with a
lookup into Active Directory using DBMS _LDAP
routines. When a user launches the HORIZON
application, instead of prompting for logon and password,
the package collects the Windows login credentials and
compares those against the HORIZON user configuration
tables to authenticate the user and launch the application.
While the ability certainly exists, turnkey integration
could be included in our proposal if further specifications
were provided during negotiations.
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B-14 Elaborate appropriately and succinctly any System
Infrastructure considerations not called out in this section
that are deemed important differentiators or essential
functionality.
C General System
C-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
C-2 Provide an overview, introduction, and history of the
proposed LIMS as it pertains to general system usage,
differentiating features, and other relevant details.
C-3 The intended system must be a commercial -off -the -shelf
(COTS) system; supply the following information:
DESCRIPTION
HORIZON LIMS is a Commercial Off -The -Shelf
(COTS) software system with a proven track record in
meeting the complex and varied requirements of
thousands of users. Most HORIZON LIMS users are
operating laboratories very similar to the City — two
thirds of the installed base is comprised of full service
environmental laboratories (both government and private
labs), arguably the most complex of all laboratories in
terms of data processing, reduction and reporting
requirements. HORIZON is a Commercial off -the -shelf
system. Unlike other systems our end -users are not
customizing the system but rather configuring the system
to meets the individual laboratory's unique requirements.
This approach greatly reduces the overall implementation
time and supportability of the product without
compromising the flexibility and configurability of the
system. HORIZON is not just a LIMS. ChemWare's
solution includes a fully integrated SDMS for image
records management and instrument neutral interfacing
and a Web Portal for report distribution and ad -hoc data
queries against the LIMS database.
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C-3a Number of installations following a versioning path
C-3b Other information indicating a mature COTS system
C-4 Describe the system development plan and/or
commitments to future releases, including a description of
known feature, function, and/or architecture
enhancements.
C-5 Describe the upgrade plan (i.e., Are upgrades required to
maintain support? What notice is given and what upgrade
paths are offered when a version approaches retirement?
When is a version no longer supported, etc?). Also include
the method of communication to inform the client an
upgrade has been sent. Due to the large size of the City,
upgrades sent via mail sometimes were not discovered for
DESCRIPTION
ChemWare has over 100 discreet installations following a
versioning path. To our knowledge, all of these
installations can move forward to the current product
release if they are not already on it.
The first release of HORIZON was in 1991 -- the current
version of HORIZON is 00.1. All of ChemWare's
customers utilize the same source code. This is critical to
our business model as all of our users are able to take
new releases and enhancements at any time without
retrofitting site -specific configurations or business rules.
ChemWare utilizes formal software development
lifecycle (SDLC) procedures based on industry best
practices and years of experience catering to the specific
demands of HORIZON end users and information
technology professionals. ChemWare's development plan
is in many cases driven by customer feedback. At the
ChemWare User Group Meeting in Chicago we held
formal product and process improvement round tables.
One specific enhancement that is currently in
development is the redesign of the HORIZON Field Data
Collection module from an Excel -based application to a
Java application. The redesign is being driven by the
increasingly sophisticated needs of our Water Quality
customers, and includes specific features for route
management and oceanographic study data capture.
ChemWare averages one new version release every
twelve months. Major upgrades (new version numbers)
are distributed on CD. The CDs include detailed release
notes (a full release history is also available to customers
from the LIMS Resource Center), installation
instructions, and automated InstallShield® scripts.
ChemWare encourages all of its customers to stay current
on either the latest release or one major release back and
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some time.
Describe the user interface, focusing on such items as the
menu structure, screen layout, etc.
C-7 Describe the LIMS sample tracking ability beginning with
the sample request and tracking the sample through log -in,
analysis, quality assurance, review and approval.
C-8 Please provide a hierarchical diagram of the parent/child
relationships for core product terminology (e.g., tests
comprise samples, samples comprise specifications, etc.).
NOT DESCRIPTION
Included
PROPOSED
LIMS
provides full support for two major releases prior to the
current release. No core HORIZON technology has ever
been obsolesced by either ChemWare or a third -party
provider, without a natural migration/upgrade path being
provided. Further, all HORIZON source code is escrowed
and all customers with active Software Maintenance
Agreements are beneficiaries to the escrow agreement
ChemWare has with Business Records Management, an
independent software escrow company.
Within HORIZON the user's unique logon IDs and
passwords map the user to a "user class," which controls
database access, paints the menus with the appropriate set
of menu items, and provides update or read-only access
to Oracle tables and columns specific to the user class.
Additional hyperlinked images throughout the matrix
illustrate the variety of screens throughout the
application.
Please see the Project Understanding section of the
proposal for details and screenshots of a sample as it
moves through the laboratory. Any task — administrative
or analytical — can be automatically scheduled and
tracked through the laboratory. Users do not "push" work
from one area or task to the next; HORIZON "pulls" the
samples through to review/approval/reporting as work
becomes eligible for processing in each section along the
process chain. For this reason, users do not query
HORIZON for eligible work, and users typically do not
initiate reporting — HORIZON automates and manages all
of this for you.
In HORIZON, a "Profile" is created (under the "Client"
top level in the Client Setup hierarchy), and this is
generally associated with a specific submitter, contract,
program or ongoing project. This Profile is akin to a
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"login template" in many LIMS, but can contain far more
information and drive far more automation. The user
(login, client services, or PM staff in many cases) sets up
any number of Profiles for each Client, and each Profile
generally has its own set of billing properties and report
recipient/responsible party information. When a sample
arrives at the laboratory it is ordered against a specific
profile to expedite the login process. The sample inherits
any profile/project specific limits, reporting units and
formats and also the specific report recipients. HORIZON
is front -loaded meaning that the more information that
can be associated with the profile before the sample
arrives at the lab the more automated the whole sample
receipt, review and reporting will be.
Samples are grouped together at login by workorder. A
workorder is comprised of multiple samples that
generally arrive at the lab on the same chain of custody.
Samples are also typically reported by workorder as well.
The specific tests/methods to be performed in HORIZON
are called Acodes (i.e. EPA 200.7). Within each test the
work to be performed is broken down into individual
"Schedules". Schedules can be analytical, prep followed
by analysis, or they can be administrative in nature. Each
schedule has its own due date in order to manage the
overall due date of the sample.
C-9 Explain any other nomenclature associated with the HORIZON uses most standard environmental and water
proposed system (e.g., location, project, etc.). quality nomenclature such as locations, studies (typically
for biological/ecological data), coordinates, routes,
complaints (e.g., odor/taste), batches, etc.
C-10 Describe any event triggering available in the system and The examples you identified here, and dozens of other
how such events are designated, added, amended, or automated actions, are built into HORIZON and
deleted by a user or system administrator. The following configured through the Rules Engine. HORIZON will
are required at minimum: automated a -mails based on flag data as estimated (i.e. apply "J flag" rules) and make
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limit exceedance, upcoming hold times for samples in the
Holding Area to one or multiple recipients.
C-11 Describe the degree of configurability of the proposed
system by a trained administrator. Include items such as
ability to add/create user defined data fields, changing
screen labels, etc.
C-11 a More specifically, describe the ability to modify screen
labels for the limit terminology (e.g., MDL/LOD).
Furthermore, describe the ability for reports to utilize the
specified terminology.
NOT DESCRIPTION
Included
PROPOSED
LIMS
detection limit corrections based on the dilution factor,
for example, simply by setting the applicable parameter
in the Rules Engine. Triggers are used extensively
throughout HORIZON to automate actions or events
based on "site -specific' rules — i.e., rules that are highly
dynamic or specific to your operation and your needs. For
example, TDEQ-required data flags/qualifiers may be
automatically applied through a user -definable custom
action trigger (CAT), which can interrogate data and
apply the appropriate flag based on inter -sample or intra-
sample data validation rules.
HORIZON provides test code definition, workflow
modeling, user -definable data fields, and business rule
maintenance within the built-in Rules Engine utility. Test
codes are created using this graphical interface which
depicts the resulting configuration as a logical decision
diagram. The user will typically not be creating new
screens or altering data fields within the screens;
however, HORIZON does provide the ability for
customers to develop their own custom screen and
"hang" it off a custom menu item. Since HORIZON was
designed for environmental and water quality labs, it is
highly unlikely that you will find any need for this level
of customization.
Custom fields can be added as described above. The label
on the screen in HORIZON and the label on the report
are entirely independent. The field in HORIZON might
call it "Location," for example, but your report recipient
may know it as "Site." There is a "mapper" tool in the
Rules Engine that allows you to configure much more
complex terminology mappings that might be applicable
to analytical results, analyte names, method references,
etc., detection limit type (MDL, PQL, LOD, RDL,
CRDL, etc.) for example, that might be required by an
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C-12 Describe any third party software proposed. Include
details on products, version, intended usage, and licensing.
C-13 Describe any modules, spreadsheets, web tools, or other
water/wastewater-specific applications that assist in the
electronic capture of data (e.g., BOD spreadsheet).
NOT DESCRIPTION
Included
PROPOSED
LIMS
electronic data deliverable (EDD) mandated by a
regulator. In other words, you will end up with a single
data dictionary containing lists of analytes, method
names/descriptions, detection limits (one list for IDL, one
for MDL/LOD, one for PQL/LOQ, one for RDL/RL,
etc.), etc., and then any number of custom "translations"
of this dictionary for specific projects. You will see this
flexibility lacking in many other LIMS, resulting in a
problem we call "proliferation of test codes and
analytes." This happens whenever there is a special need
(e.g., the report recipient wants 4-nitrophenol called "p-
nitrophenol" instead), and the LIMS Administrator has to
go into the LIMS and create a new version of some list.
In HORIZON, none of the users need to know what the
customer wants to see on the report — HORIZON
manages all that for you.
HORIZON's architecture consists of three enterprise -
class solutions, HORIZON' LIMS, Actuate' (Enterprise
Reporting/Business Intelligence/Web Portal), and
Waters/NuGenesis SDMS" (Scientific Data Management
System). ChemWare is an OEM Partner with both
Actuate and Waters and also integrates Northwest
Analytical's Quality Analyst® control charting/statistics
software into its HORIZON Statistical Analysis module.
All three products are tightly integrated with HORIZON
LIMS and are accessed through the HORIZON user
interface. Off -the -shelf reports are developed using
Actuate's ERD Pro report development environment and
built-in VB-based language.
HORIZON Field Data Capture (FDC) is the only
"module" or application that provides water/wastewater-
specific functionality that is not already built into
HORIZON. And the only reason for that is because FDC
is designed to function as a stand-alone (not attached to
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C-14 Describe the proposed system's document
management/attachment capabilities, including the
methodology used to attach/assign documents to any
record in the database. No interface is required to the City
Document Management System. Include discussion on
where documents or files are stored and managed (e.g.,
within the database or as external references).
C-15 Describe the LIMS ability to allow data entry and review
through browse screens (multiple record entry/review on a
single screen).
C-16 Describe the number and type of user -definable fields
available.
NOT DESCRIPTION
Included
PROPOSED
LIMS
the LIMS) application, since sample collectors are not
expected to necessarily have internet connectivity in the
field. Even very complex BOD calculations and
automated scheduling/decision-making can be handled
entirely within the LIMS. This is not to say that
spreadsheets, web tools, or other external applications
can NOT be used for data capture; on the contrary, any
data captured in a spreadsheet can be "pushed" to the
LIMS simply by hitting the Print button in Excel (i.e., the
spreadsheet doesn't even need ODBC connectivity to the
database).
All paper -based records, whether arriving from outside
the laboratory (such as a COC), or generated within the
laboratory's processes, can be captured electronically and
associated to the sample using the HORIZON Data
Management (HDM) module. The data within the
instrument records (i.e. chromatograms) are extracted
from the report and ingested into the LIMS and are
indexed and catalogued using dozens of metadata tags for
intelligent and unambiguous data storage and archiving.
The records are stored and managed in a separate
embedded SDMS Oracle database.
HORIZON's data entry screens have been refined over
many years to expedite the entry and review of
environmental data. Data reviewers can also open
multiple screens and images (i.e. the raw instrument
chromatogram) simultaneously to facilitate the overall
review process.
Any number of auxiliary data field can be easily created
by the system administrator. These auxiliary data fields
can be free text or the user can pick from a pre -defined
list of valid values. Auxiliary data fields can also be
project specific and can be mandatory so that the data
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C-17 Describe provisions or plans for NELAP compliance.
Please include discussion of current customers who utilize
the proposed LIMS as a component of their NELAP
certification, and in what capacity the system serves to aid
in their accreditation.
DESCRIPTION
entry clerk is prompted to add the relevant project/sample
information at login.
HORIZON fully complies with NELAC requirements,
and the vast majority of environmental labs using
HORIZON LIMS are NELAC accredited and have
undergone numerous NELAC audits. Only one lab has
ever reported a regulatory deficiency relating to
HORIZON: the "analysis date" that appeared on the final
report did not include the actual HH:MM military time in
the date/time format (even though the customer could
have easily made this change on their own, ChemWare
modified its off -the -shelf final report and sent it to them
within the week, at no cost, of course). ChemWare
provide a guarantee with the system that if the core LIMS
code requires modification to conform to any NELAC,
EPA, or similar environmental regulatory requirement,
ChemWare will make this change at no cost to the
customer as part of their standard software maintenance
agreement. In other words, we would treat this as a
"bug." In the 18+ years HORIZON has been on the
market, this guarantee has never been invoked. Among
the hundreds of principles used by HORIZON to enforce
compliance with NELAC, the system: prevents a user
from using the wrong method/procedure or one that has
not been certified internally (through a formal MDL
Study, for example); displays the written SOP that must
be followed; prevents the analyst or reviewer from
applying the wrong QC criteria; prevents the user from
making unauthorized changes to data; prevents the user
from deleting a sample or making any other changes that
would not be permanently evidenced in the online audit
trail; keeps perfect track of every individual container
(including the "daughter" containers created through
sample extraction, aliquotting, digestion, etc.) associated
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DESCRIPTION
with a sample, including every chain of custody transfer
and who has current possession; prevents unauthorized
login to the system; prevents entry of data or conducting
of procedures/actions the user is not qualified/certified to
perform; prevents the user from performing tasks in the
wrong order or before a prior step must be performed
according to pre -defined criteria; prevents the user from
releasing data prior to completion of all SOP -required
data review steps; prevents the user from modifying a
certified/reported result without having the proper
authority to do so and without the system explicitly
"backing up" the status of the sample so the SOP -
required review steps must be followed again; minimizes
or eliminates the possibility of data entry/transcription
errors through automated integration with
instruments/devices/applications; minimizes the
likelihood of a reviewer approving a result without the
benefit of the underlying raw instrument data (since the
data are visible side -by -side with the associated
reportable results in HORIZON); minimizes the
possibility of data being reported without all QC criteria
being met and data flags properly applied (since these
data are automatically flagged in the Data Review
window in HORIZON); minimizes the possibility of a
missed holding time (since samples in jeopardy of
missing holding times are plainly flagged in red in
HORIZON and on worklists); eliminates the possibility
of a user inadvertently using an expired or uncertified
reagent, chemical, or QC standard (whether or not a stock
or primary standard); prevents the user from batching
samples on an instrument that is out -of -calibration;
prevents a sample or batch from advancing on its own to
the next step in the process chain or to reporting without
all of the required criteria being acceptable or manually
overwritten (by an authorized individual); and prevents
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C-18 Describe the ability of the system to interface with the
PeopleSoft ERP system to update system users due to
turnover.
C-19 Elaborate appropriately and succinctly any General
System considerations not called out in this section that
are deemed important differentiators or essential
functionality.
D Sample Requests and Scheduling
D-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
D-2 Describe the proposed system's overall scheduling
capabilities. Include such items as routine/standard
sampling, ad -hoc, non -laboratory (e.g., industrial
pretreatment), laboratory management (e.g., inventory,
training, work management, etc.). Note: Only laboratory
personnel will interact with sample scheduling tasks.
D-3 Describe the available methods for sample
request/scheduling (e.g., daily, weekly, "2nd Tuesday",
DESCRIPTION
the user from logging in and processing a sample against
a test method or for an analyte for which the laboratory's
accreditation status is not current (i.e., pending or
decertified).
While the ability certainly exists, turnkey integration
could be included in our proposal if further specifications
were provided during negotiations. If PeopleSoft utilized
LDAP integration at the City, it would only be necessary
to make the change in LDAP, which would automatically
update HORIZON (if you were to move forward with the
HORIZON/LDAP integration as described in 13-13
above).
HORIZON contains very sophisticated Prelogin, arrival
schedule and forecasting/planner features. If a collection
schedule is known in advance the lab can create the
collection route for the collector, print container labels
and download the route to a portable device. HORIZON
also seamlessly handles ad -hoc samples, walk-ins and
sample login data from subcontract labs or agencies that
submit their information electronically (i.e. XML or flat
file).
The sample scheduling algorithm is completely flexible
and user configurable.
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"Every other Monday", etc.).
D-4 Describe the proposed system's ability to schedule/assign
tasks to individuals or sections within the laboratory.
D-5
Describe the proposed system's ability to alter (i.e.,
prioritize, change dates, etc.) the stated/standard schedule
and the process for deleting samples or tasks that are not
received or executed.
D-6
Describe the LIMS ability to store information in the
database concerning the sample's origination or collection
point, the ability to record biographical data such as the
project number, due date, sample priority, and pertinent
sample splitting or field preparation details.
D-7
Describe the LIMS schedule review capabilities (e.g.,
calendar format) and the ability to review past, present,
and future sample requests.
D-8
Describe the user selectable filtering criteria available
within the scheduling element of the proposed system
(e.g., filter by Project Manager/Staff Member/Requesting
Department/External Customer).
D-9
Elaborate appropriately and succinctly any Sample
Requests and Scheduling considerations not called out in
this section that are deemed important differentiators or
essential functionality.
E Sample Identification
DESCRIPTION
The laboratory assigns work to a specific lab resource or
department. From within the online backlog, or backlog
report, the resource responsible for the work can see all
of the samples that are currently available or will become
available pending completion of a prior task (i.e. a prep).
If the user has the appropriate privileges any changes,
additions or deletions are very straight forward to make.
All of these data types are standard in HORIZON.
HORIZON also utilizes auxiliary data fields to capture
non-standard or project specific data elements without the
need for programming or changes to the interface.
HORIZON has a planner calendar for high level work
review. The HORIZON Web Portal also has sophisticated
ad -hoc query tools for data analysis.
The user can select by collector, date range, client and
route. Ad hoc queries can be executed if more detailed
sample filtering needs to be performed.
HORIZON Web Portal provides end -users with the
ability to request services and bottle shipments via the
web. The laboratory has the ability to accept these
requests and facilitate them into shipments or schedules
in HORIZON.
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E-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
E-2 Information on sampling sites will be stored in the LIMS.
The minimum data elements, which will be stored, are site
ID, description, time, location and sampling frequency.
Describe the LIMS basic sample identification method
including sample ID and associated parameters. Include
discussion on the automated creation of sample ID and
when such ID is generated (e.g., upon receipt, during
scheduling, etc.).
E-3 Elaborate appropriately and succinctly any Sample
Identification considerations not called out in this section
that are deemed important differentiators or essential
functionality.
F Sample Receiving
F-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
F-2 Describe how the proposed system handles the receiving
of scheduled samples. Note: The City intends to utilize
barcode labels for scheduled samples, however, please
describe the receiving process for both bar-coded and
hand-written labels.
DESCRIPTION
HORIZON can capture a variety of data, including all of
the parameters noted, about the project. Additionally, if
there are project specific data fields to be captured
HORIZON can manage these through auxiliary data.
HORIZON maintains a sample ID (i.e. the submitter's
identifier or location name) and an internally generated
Lab ID. The Lab ID is generally created at accessioning
or in advance when container labels are required. The
accessioning protocol in HORIZON is quite flexible. For
example, HORIZON can "seed" the starting point for the
accessioning numbers. Users also have the option to
prepend numbers with a lab -specific identifier.
As regularly scheduled samples are received by the
laboratory, the barcode (if applicable) on the sample is
wanded in. This matches up the incoming sample to the
prelogged entry, thus, facilitating immediate login with
no manual entry of information except, perhaps, the true
collection date and time. Prelogged samples may be
downloaded to a field data collection device or the
spreadsheet to minimize data entry.
Hand written labels can be typed into the form but the
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majority of information required to log in the sample can
be defaulted based on the original project specifications.
The image of the chain -of -custody document, as well as
any photographs of sampling sites or incoming sample
condition, may be scanned and attached to samples.
F-3 Describe the LIMS sample manual log -in function to
Ad -hoc samples can be logged in using standard
accommodate ad -hoc requests.
HORIZON login transactions. If the sample is associated
with an existing contract the login clerk will pick the
profile associated with the sample and add the pertinent
sample information (i.e. location, priority etc). The
profile acts as a login template and supplies most of the
necessary information at login, and maximum
information is carried over to the next sample in
sequence. Most of the login fields can either be free -text
or available for selection on a drop down list.
F-4 Describe the LIMS multiple sample log -in function. This
HORIZON uses a workorder to group similar samples
function shall allow a batch of similar samples to be
together at login. The login form will retain all of the
logged in one operation, assigning unique sample
characteristics from the previous sample login except for
identifications to each sample, and duplicating common
the unique sample fields (i.e. sample and lab ID).
fields for each sample in the batch. Individual samples
must then be modifiable at the user's discretion.
F-5 Describe the proposed system's ability to capture the
All of the receiving data fields listed below are standard
following receiving data items as samples arrive at the
in HORIZON.
laboratory:
F-5a Date and time of receipt
F-5b Location of sample
F-5c Time of sample collection (Need Start Time and End
Time for Composite samples)
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F-5d
Sample identification code
F-5e
Unusual sample conditions
F-5f
Tests requested
F-5g
Field test results
F-5h
Project ID
F-5i
Sample Temperature and pH
F-5j
Sample Splitting
F-5k
One or many sampler names
F-51
Comments
F-5m
User -definable Fields (e.g., identify the need for chain
of custody document to be further reviewed).
F-5n
Chain of custody information (including the linking of
scanned images).
F-5o
Please describe and/or list additional data fields that can
be captured during sample receiving.
F-6
Describe the LIMS ability to add, store, associate, or delete
sample information as appropriate (e.g. sample
preparation, tests, holding time, storage requirements,
type, time limits, etc.).
F-7
Describe the proposed system's ability to allow authorized
users to modify tests or procedures assigned to logged in
samples without modifying the standard procedures and
test assignments.
DESCRIPTION
There are standard transactions that enable end users to
make ad -hoc additions or deletions to a sample. The user
will have to have the appropriate privileges to make these
types of changes all of which can be audited.
Additional tests can be added in an ad -hoc fashion by
authorized users at any point in the sample's lifecycle.
These additional test assignments do not affect the
standard testing profile template or the test assignments
of future samples processed against that testing profile.
Further, if the user determines that all of the samples in a
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F-8 The system must provide the ability to create subsamples,
assign tests to that subsample, reconcile the parent sample
(remove tests from), maintain parent/child relationship,
and uniquely track custody of parent and child
independently. Please describe how the LIMS
accommodates these requirements during receiving.
F-9 Describe the LIMS ability to associate sample holding
times with each sample based on its sampling time to
produce maximum holding time/date(s) based on sample
types and tests required.
NOT DESCRIPTION
Included
PROPOSED
LIMS
workorder need to be modified (e.g., an additional suite
of tests need to be performed, or some tests need to be
cancelled), the user can make changes to one sample in
the workorder and HORIZON will prompt the user to see
if other samples in the same workorder are to be similarly
modified. This eliminates the need for a user to manually
open and edit each sample in the workorder for the same
modification(s). A whole group of tests can be added to
all the samples in a workorder in a few seconds.
"Child" containers of the as -received parent sample
containers are assigned unique IDs by the system at the
point they are created in the workflow (which can also
automatically spawn labels for the child containers).
HORIZON can prompt the analyst to take possession
and/or create output (aliquot) containers. HORIZON
tracks each transfer and (if desired) can prompt the
container recipient to acknowledge receipt of the
container during the transfer, for true hand-to-hand COC.
The user can look at the COC transfer history online to
see each documented transfer, and also the current
utilization of each container, which is useful when
multiple users and/or departments could be sharing a
container for multiple tests.
HORIZON automatically computes holding times based
on regulatory requirements - from date the extract was
prepared, for example (in this case, the analytical holding
time is recomputed when the extract is prepared, exactly
as required by the regs). Additionally, any editing of the
collection date or turnaround time will cause automatic
recalculation of the overall sample holding times, due
date, and departmental due dates, as appropriate.
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F-10 Describe the system's ability to change ownership of a
sample to either an individual or lab section. Include
discussion of the LIMS' ability to either "push" samples to
an individual/section or have the individual/section "pull"
the sample to their ownership.
F-11 Elaborate appropriately and succinctly any Sample
Receiving considerations not called out in this section that
are deemed important differentiators or essential
functionality.
G Chain of Custody
G-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
G-2 Describe the LIMS process for handling chain of custody
documents (i.e., when are they created, how are they
linked to a sample/barcode label, etc.).
G-3 Describe the system's ability to create a chain of custody
for samples that arrive without supporting documentation.
DESCRIPTION
HORIZON pushes work through the system for you. The
user need only look at the backlog and HORIZON will
suggest the best candidate samples for batching and
processing, based on earliest due -date, holding times,
priority status, etc.; the user doesn't query the system for
these candidates or wait to be notified. When work is
available for scheduling, it shows up in the backlog and
becomes eligible for batching.
When the containers are returned to the laboratory, the
login staff simply wand the container labels to login all
the samples/containers on the incoming COC form (if the
City is using pre-printed COCs). The containers have a
unique ID, as required by NELAC, and these containers
may be tracked within each department. At any time the
location of the container can be viewed online or using
the internal COC report. Additionally, HORIZON will
also create an external COC should the City choose to
subcontract analysis. This workflow is completely
configurable, of course.
You can add containers to a COC at any point in the
sample lifecycle. HORIZON can also prompt the user to
take possession of containers as they move samples from
location to location thereby automatically creating the
internal COC.
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G-4 Describe the LIMS ability to -link scanned chain of custody
documents to samples.
G-5 Describe the system's ability to allow certain departments
to print chain of custody documents at their location.
G-6 Elaborate appropriately and succinctly any Chain of
Custody considerations not called out in this section that
are deemed important differentiators or essential
functionality.
H Sample Analysis and Tracking
H-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
H-2 Describe the LIMS ability to provide methods for
monitoring sample status throughout the sample life -cycle.
Sample status codes shall automatically be assigned and
updated by the system based on events or transactions
occurring.
DESCRIPTION
Most modern day high-speed scanners have OCR
software capable of recognizing a barcode on the chain of
custody document (ChemWare also resells a product call
Simple Barcode if the City does not have this software).
The chain is scanned into a folder that a service is polling
which then picks up the file and appends it to the end of
the final report. The chain can also be ingested by SDMS
if the City requires online review of the scanned chain
from directly within the LIMS.
This is simply done by running the COC report in
HORIZON.
The chain of custody transactions in HORIZON were
designed to meet or exceed all of the requirements of
NELAC and the CROMERR Rule, which the USEPA
issued (and later retracted) as a set of guidelines
paralleling the FDA's 40 CFR Part 11 rule.
HORIZON uses numerous status codes to monitor the
progress of the sample. HORIZON's Backlog window
provides an instant readout of open work in each
department, or optionally, just new work that has arrived.
Using the Backlog window, you can immediately identify
samples that are not moving as planned, assess the
backlog in any area, and view samples for a particular
project manager or client.
The Backlog shows the count of samples active in each
department, count of predictive samples (waiting for
completion of a preliminary step), and the worst -case
internal due date. Samples in danger of missing the
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H-3 Describe the LIMS ability to allow users to record and
track field data results.
DESCRIPTION
holding time are clearly evident, as are the rush samples
that have come onto the backlog since you last checked.
Data qualifiers may be manually applied during results
posting or review, captured directly from the instrument
(if the instrument data system applies the flag or qualifier
to the result), or automatically through a user -definable
custom action trigger (CAT), which can interrogate data
and apply the appropriate flag based on inter -sample or
infra -sample data validation rules.
HORIZON's Field Data Capture (FDC) module is
designed for this purpose. ChemWare's implementation
at the South Florida Water Management District, for
example, includes deployment of about one hundred
ruggedized field computers for remote collection of
sample demographics and field test results through FDC.
The collector downloads his/her collection list at the start
of the day on to a ruggedized laptop or computer. In the
field, the computer captures RS232 data from field
instruments (Hydrolab), then automatically logs in the
samples and posts the field test results when the computer
is synchronized with HORIZON LIMS back at the
laboratory. The preference for ruggedized laptops (versus
handheld data loggers or PDAs) is pervasive across our
user community. The laptop -based application is far more
robust in its ability to validate the data being entered,
dynamically alter the prompts for data to be collected
based on Prelogin information, dynamically capture data
in the field for parameters or locations not anticipated
(e.g., a homeowner isn't home so the collector attempts to
collect water from the nearest neighbor's spigot), and
remotely generate chain of custody documents, worklists,
and other reports.
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H-4 Describe the process for assigning analysts (e.g., at
schedule creation time, based on method certification, etc.)
and the ability to alter this assignment based on actual
work performed.
H-5 Describe the ability of the system to allow for assignment
of tests and/or bottles to multiple analysts or lab sections
(e.g., if sample was sub -sampled into multiple bottles, the
bottle could have the need for analysis in multiple lab
sections).
H-6 Describe the ability of the LIMS to track the physical
location and designated "owner" of each bottle in the
laboratory, including overnight refrigerator storage.
H-7 The system must provide the ability to create subsamples,
assign tests to that subsample, reconcile the parent sample
(remove tests from), maintain parent/child relationship,
and uniquely track custody of parent and child
independently. Please describe how the LIMS
accommodates these requirements after sample custody
NOT DESCRIPTION
Included
PROPOSED
LIMS
Generally the analyst is assigned at the time of batch
creation. User certifications are maintained online in
HORIZON and a certification report can be run to see
which analysts are certified on a particular method.
HORIZON tracks each user's "certification" status --
what procedures they are certified on and when they
expire. If an analyst fails to participate in a training
program, for example, the supervisor could simply go
into the User Edit transaction and decertify him/her on
the appropriate procedures.. HORIZON will not allow an
uncertified analyst post data to a batch. HORIZON will
capture the actual analyst who performed the work, based
on HORIZON logon ID or the ID captured from the
instrument run, and update the analyst accordingly.
HORIZON tracks all containers independently. As
daughter containers are created new labels are printed and
the chain of custody is established for the new container
(usually the container ID is the Sample ID-1, -2).
You can configure laboratory locations and sub -locations
in HORIZON. When an analyst takes possession of a
container HORIZON can prompt the analyst to indicate
where the container is being transferred to, thereby
establishing the owner and the current location and
utilization of the container.
Daughter containers (aliquots) are usually created at time
of batching. Therefore the test is automatically
transferred to the daughter container. HORIZON always
maintains the link back to the original container.
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has been transferred to an individual or lab section.
H-8
There may be more than one bottle collected for a single
sample. Describe how the system provides the ability to
run tests from different bottles that are the same sample
(e.g., VOC (524) — requires triplicate bottles but only use
one for sampling purposes). This could be a grouping level
above sample ID that allows the user to group/batch
sample ID's into one. Analyses would be assigned to the
group and not sample ID.
H-9
Describe the LIMS ability to provide an online review of
results versus stated limits and/or boundaries.
H-10
Describe the number of configurable limit sets assignable
to a test (e.g. high/low, regulatory compliance, operational
standards, watershed protection standards, detection
limits).
H-11
Describe the LIMS ability to generate work lists using
various filter criteria (e.g., laboratory section, analyst,
customer, etc.).
H-12
Identify and describe the proposed system's assignment of
work tasks, including the automatic assignment of tasks as
well as due dates, holding times, etc.
H-13 Describe the LIMS ability to allow users to configure data
NOT DESCRIPTION
Included
PROPOSED
LIMS
HORIZON maintains a one -to -many relationship with
respect to samples and bottles. In the case where the lab
collects multiple bottles for a single test such as VOC the
test is assigned to a single bottle in order to maintain full
traceability back to the bottle. Should the lab need to
rerun the test they will manually add the test to another
bottle of similar type and preservative.
HORIZON has numerous screens and reports (i.e. QC
Review) for this purpose.
You can have any number of program limits associated
with a test. HORIZON will always frame the sample
results in the context of the applicable limits.
A worklist report is a standard off -the -shelf report in
HORIZON.
The "Queue" in HORIZON is the department, section or
resource to which work is assigned and routed.
HORIZON natively tracks both the date and time that a
sample became available in the queue, the appropriate
hold and turnaround times and the time that the work was
completed.
Data entry screens can be customized by an authorized
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entry screens.
Describe the LIMS ability to provide method references.
H-15 Elaborating on C-11, Describe the LIMS ability to provide
linking or embedding objects in association with samples
and analyses.
H-16 Describe the overall handling and assignment of data
qualifiers, including the following:
H-16a User options for calculations made with qualified data;
H-16b The ability to record special result values such as Not
Detected, Not Measured, <, or Null
H-16c The capability to correctly handle all special result
values in mathematical computations (including averages
and log average, etc.).
DESCRIPTION
administrator -- we call this the fagade. HORIZON
provides the ability for the lab to create facades that are
applicable to specific procedures and data elements that
are collected for the procedure.
You can view any SOP or method within the context of
the transaction in HORIZON. SOPS and methods are time
stamped so if you query a sample and view the SOP,
HORIZON will return the SOP that was in effect at the
time the testing was performed.
Using the HORIZON Data Management (SDMS)
features, regardless of where you are in the LIMS, you
click on the Data Management button to view all the
associated laboratory records that have been printed to
the database (including all the relevant instrument data,
QC charts, chains, SOPS, etc.). An Advanced Find feature
allows the user to quickly narrow the search.
Data qualifiers are handled seamlessly in HORIZON.
HORIZON can flag data automatically using posting
triggers or the data reviewer can manually flag the data
by picking from a pre -defined list of qualifiers. The user
also defines how to handle special results for a client or
project (i.e. < or Null) in the client setup screen by
choosing user defined properties from a pick list.
See above.
See above.
See above.
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H-16d The ability to define in advance how special result
values will be handled in calculations. Note: qualifiers
may be handled differently based on the sample type,
customer, laboratory section, etc. (e.g., "<" may indicate
use of MDL for Pretreatment but indicate "zero' result for
Code Compliance).
H-16e The ability to define unique sample qualifier codes
indicating special circumstances or conditions may apply
to the test result (e.g., multiple analysts executed test, etc.).
H-17 Describe the LIMS ability to provide information
associated with sample analysis such as dilutions, sample
prep, etc.
H-18 Describe the LIMS performance of typical environmental
calculations and statistical analysis.
H-19 Describe the LIMS library of statistical calculations.
H-20 Describe the LIMS allowance for the creation of a
customized library of statistical
functions/calculations/definitions.
DESCRIPTION
See above.
Qualifier codes are user configurable in HORIZON.
Analysts can also apply free text comments to a sample
as well.
HORIZON maintains the link to sample prep/dilution
online. The analyst can easily find the prep information
online from the Sample Edit window. HORIZON tracks
all sample dilutions and will even select the reportable
result from the lowest dilution factor, if that is your
default business rule (and as long as the result is within
the linear range of the instrument).
HORIZON is delivered with over 100 standard
environmental calculations. HORIZON also includes the
integrated Quality Analyst program from Northwest
Analytical for detailed statistical analysis.
See above.
Your system administrator can write custom calculations.
They may contain logic or advanced math functions to
compute new values from the combination of two or
more other values, or to interrogate results or samples for
the presence of certain conditions. ChemWare provides
example calculations and the tools and training to write
these calculations.
The HORIZON Statistical Analysis add -in has
NWA/Quality Analyst embedded in it and allows for
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H-21
Describe the method for establishing calculations (e.g.,
excel format, native to the software) and ability to utilize a
calculation wizard or similar.
H-22
Describe the LIMS ability to provide the entry of test
results in multiple formats, including (at a minimum):
H-22a
All results from one test performed on many samples.
H-22b
All results from many tests performed on one sample.
H-22c
All results from one test performed on one sample.
H-22d
All results from WET testing
H-23
Describe the LIMS ability for users outside the lab to view
sample status.
H-24
Describe the assignment and configurability of significant
figures; also defining number of digits after the decimal
point and usage in calculations.
H-25
Describe the LIMS ability to provide comment fields
attached to analytical results.
H-26
Describe the alerts and notifications available to users for
such items as limit exceedance, overdue items, low
inventory, etc.
DESCRIPTION
complex environmental statistical analysis, pattern
analysis and trending.
Calculations are written in PL/SQL packets and fire at
specific points in the sample workflow.
HORIZON meets all these requirements. The entry of test
results generally is governed by the test and the data entry
technique that makes the most sense for that test.
External users can query real time sample status from the
Web Portal.
HORIZON handles all standard environmental significant
figure permutations.
Both non -reportable and reportable comments are
supported in HORIZON, and can be attached at various
levels (analyte, sample, batch, workorder, etc.).
Exceptions and notifications are handled through user
configurable triggers. If a certain condition is met or
exceeded (this logic is described and configured in the
trigger) then an alert (i.e. email) or an administrative
review unit of work can be automatically scheduled by
HORIZON.
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H-27 Describe how the LIMS handles missing/blank sample
analyses. Include missing or uncollected samples,
incomplete tests within samples, and the process/need for
purging/deleting the same.
H-28 Describe the proposed system's ability to support
calculations based on the results of multiple analyses.
H-29 Describe how the proposed system handles re -testing
and/or the direct editing of test result values or correction
factors.
H-29a Describe how the above process changes if such data has
already been approved.
H-30 Describe how the LIMS ensures analysts who lack
certification and/or whose certification/training for a given
test/method has expired are prohibited from entering
results.
NOT DESCRIPTION
Included
PROPOSED
LIMS
Missing or uncollected samples can be purged or
rescheduled directly from prelogin. If there are
incomplete analyses on an in -process sample this will
hold up the final workorder review. Samples that are in
danger of missing holding time because of a missed
analysis will be flagged and then the project manager or
analyst can take the appropriate steps to complete the
work or cancel the work with a reason code.
All of HORIZON's standard calculations can interrogate
intra-analysis results. They may contain logic or
advanced math functions to compute new values from the
combination of two or more other values (such as a
MPN), or to interrogate results or samples for the
presence of certain conditions.
Condition Codes in HORIZON can automatically cause
the result to be qualified (with a predefined comment or
free text comment, for example) or the test to be
automatically rescheduled/reflexed based on a pre-
defined criteria. Analysts with the appropriate authority
can also manually schedule a test to be rescheduled. If
test results are directly edited HORIZON will maintain a
full audit trail outlining the before and after values and
who made the change.
If the data has already been approved an authorized user
will have to manually add the retest and flag the previous
results with a condition code indicating that the results
will no longer be used.
HORIZON tracks each user's "certification" status --
what procedures they are certified on and when they
expire. If an analyst fails to participate in a training
program, for example, the supervisor could simply go
into the User Edit transaction and decertify him/her on
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H-31 Describe any annotation available to designate a test result
as questionable.
H-32 Describe the LIMS ability to import external / 3rd party
analysis. (e.g., from contract laboratories), Please specify
formats.
H-33 Elaborate appropriately and succinctly any Sample
Analysis and Tracking considerations not called out in this
section that are deemed important differentiators or
essential functionality.
QA/QC
I-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
I-2 Describe the proposed system's ability to provide the
storage and tracking of auditing information associated
with samples, tests, and other analytical information
retained within the LIMS. At minimum this should
include such items as "last user", "last updated",
replicate/re-test number, changed value, and associated
comment for any changed or altered data.
NOT
Included
PROPOSED
LIMS
DESCRIPTION
the appropriate procedures. HORIZON will not allow an
uncertified analyst to post results for the specific test.
This is handled by applying a footnote or comment to the
result. The analyst can designate whether the comment is
reportable or non -reportable.
Data can be imported to HORIZON from subcontract
labs in a variety of formats i.e. text file, XML. The
sample will be logged normally into HORIZON but the
scheduled subcontract work is dynamically adjusted to
contain a "ship" step (ship the specific containers to the
subcontract laboratory.) A unit of work will remain open
until the subcontract lab delivers the result back to the
City in an electronic file format.
The system maintains a trail of any changes to data that
could impact data usability — such as changes to the
project data quality objectives or requirements, changes
to IDs, changes to users, changes to results, etc. Oracle
maintains (behind the scenes) a log of all changes, but
this is really for system administrator purposes, not for an
end -user's inspection of the audit trail. There are
hundreds (if not thousands) of "manipulations" to data at
some point in the process that have no impact on data
usability and are therefore not presented in the online
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I-3 Describe the LIMS ability to create, assign, and track all
QA/QC tasks (e.g., duplicates, spikes, reference checks,
calibration standards, blanks, etc.).
I-4 Describe any differences between the entry and
maintenance of QC test results versus standard sampling
results.
I-5 Describe the proposed system's creation of QC codes.
I-6 Describe the LIMS ability to provide control charts
including user -selectable data sets, exclusion of outlying
data points, and optional automatic updating of control
limits.
I-7 Describe the LIMS ability to provide instant
communication to an analyst of QA acceptance or data
DESCRIPTION
audit trail (it would be too verbose for the user even to
make sense of all the data). The audit trail is NELAC
compliant and shows the item being changed, the user
making the change, the before and after values, the
date/time of change, and (if this feature is utilized), the
prompted reason for change.
Blanks, Duplicates, Matrix Spikes, Matrix Spike
Duplicates and calibration standards can all be created
and managed by HORIZON. HORIZON can also
compare the results of tests performed against these
samples to limits or calculated limits. Further, HORIZON
can be configured to automatically make the call on the
sample or the analytical run based on the results of the
QC samples and/or calculations based on these results.
HORIZON treats QC data input in the same manner as it
treats production sample data entry.
QC codes/types are configured using the Rules Engine.
These tests are automatically created when the analytical
batch is created. The QA/QC testing requirements for the
analysis are configured into the system and are
automatically incorporated into each analytical batch.
Also, QA/QC testing can be added or removed from an
analytical batch by authorized users.
This is standard functionality in the integrated
NWA/Quality Analyst.
HORIZON will compute the QC/QA results and flag any
exceptions as soon as the analytical results have been
posted to HORIZON.
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reliability.
I-8 Describe the LIMS ability to provide assessment and
reporting of broad, long-term measures of QA
performance (completeness, precision, accuracy, etc.).
I-9 Describe the LIMS QA/QC functionality and reporting
capability for sample batch.
DESCRIPTION
These are standard statistical analysis queries.
HORIZON builds instrument/test specific batches,
selecting the samples to be placed in a batch based on
predefined criteria and introducing the required QC. You
can always add additional QC samples on the fly if
necessary. If you create extra runs or QCs at the
instrument level, there is no need to log these into
HORIZON; the system will capture these dynamically
and automatically reorder the batch in HORIZON in the
sequence they were run on the instrument.
During review the supervisor is typically looking for
control failures. QC data may be sorted to flush any such
failure directly to the top of the screen. Anomalies are
color -coded in HORIZON to bring them to the user's
attention. If necessary, the reviewer can quickly select an
appropriate Condition Code from a choice list, and the
CC can automatically cause the result to be qualified
(with a predefined comment or free text comment, for
example) or the test to be rescheduled.
All QC limits can be attached to multiple projects, clients
or permits. HORIZON has a transaction called dynamic
QC which allows the analyst to evaluate samples against
all limits contained in a single batch. HORIZON reports
respect client or project specific limits and always report
against the specific limits in effect. Limits in HORIZON
are also version controlled and reports will only use
limits that were in effect at the time a sample was
analyzed.
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NUMBERING PROPOSED
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I-10 Describe the LIIVIS ability to provide troubleshooting
diaries.
I-11 Describe the system's ability to provide QA/QC templates
(reference libraries, calculations, codes, etc.).
I-12 Describe the LIMS ability to provide a mandatory
comment field on records updated or marked for deletion.
I-13 Elaborate appropriately and succinctly any QA/QC
considerations not called out in this section that are
deemed important differentiators or essential functionality.
J Data Validation and Approval
J-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
J-2 Describe the ability of the proposed system, at a minimum,
to maintain two levels of data validation for an individual
DESCRIPTION
The system can capture both reportable and non -
reportable comments during all major phases of sample
processing, including the review steps. The reviewer
could suspect instrument carryover contamination, for
example, then evaluate the method and instrument
blanks, as well as the preceding samples in the run
sequence, in order to rule this out. All of this information
may be entered into the appropriate comment section and
be available for subsequent reviews and as a permanent
archive. If the laboratory uses QA Notices or
"Narratives" that appear in the actual report, these
documents may be created from templates (in MS Word,
for example), then printed to the SDMS database and
automatically associated with the sample, location, batch,
or workorder, for example. Users can run queries or
reports from the Web Portal to see a history of all such
troubleshooting/investigatory review (and analyst)
comments associated with each workorder and sample.
This is standard functionality delivered with HORIZON.
Comments and mandatory e-signatures can be enforced
by HORIZON for any changes to the sample record.
HORIZON meets this requirement. The number of levels
of data validation is configurable and can vary from
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NUMBERING
L Reporting and Data Export
ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS
L-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
L-2 For L-5 through L-11 below, please indicate if the report
and/or function is electronic, print, or both.
L-3 Please explain the Vendor's experience with Texas
regulatory reporting for water and wastewater, including
electronic or otherwise.
L-4 Please indicate Vendor's experience/compliance with the
EPA Electronic Data Interchange (EDI) programs and
procedures.
L-5 Describe any inherent system ad -hoc reporting
functionality including the ability to export query results to
third party software (i.e., Excel, Access, etc.). Description
should include discussion on ability to save and share
reports and to establish filters (e.g., saving the report
template but allowing users to select specific criteria).
NOT DESCRIPTION
Included
PROPOSED
LIMS
ChemWare has extensive experience with SDWIS,
CAEDF, COELT, ERPIMS, EQuIS, ADaPT and other
common environmental EDD formats. ChemWare's
Implementation Specialist was also the LIMS
Administrator at a commercial environmental laboratory
in Texas for 14 years and has extensive experience in the
Texas Risk Reduction Program (TRRP) reporting
requirements.
ChemWare has experience creating EDD's for a variety
of EPA data exchange requirements, including the EDI
standards for drinking water reporting, known as SDWIS.
In addition to the EDI/EDD experience described above,
ChemWare has extensive experience with electronic data
reporting under the Contract Laboratory Program (CLP
SOWs OLM04.2 and ILM05.2), which utilizes XML-
based data formatting, validation and exchange.
(Electronic & Print) The HORIZON Web Portal provides
a built-in, wizard -based ad hoc query tool. The results of
the query can be returned to the screen or dumped into an
Excel spreadsheet for online analysis, graphing and
additional formatting. Queries can also be saved and
shared. The filter parameter of the query can also be
edited by the user but they will only be able to query
samples that belong to them.
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L-6 Describe any inherent system functionality which
enables/facilitates cross -source reporting (e.g.,
comparative analyses on different sampling locations).
L-7 Describe any inherent system graphing functionality.
L-8 Describe the trending and statistical analysis capabilities
of the proposed LIMS.
L-9 Describe the use or reliance on any third party ad -hoc
reporting tools (e.g., Crystal Reports) for standard or non-
standard reporting.
L-10 The following reports are required to be included in the
proposed system. The vendor must provide a minimum 10
days of report development in addition to the time
necessary to complete those listed below. Samples of
these reports are included on the CD.
DESCRIPTION
(Electronic & Print) The ad hoc query tool is ideal for
cross -source reporting.
(Electronic & Print) HORIZON is delivered with some
standard graph based management reports. Information in
ad hoc queries and reports can also be downloaded to
Excel for additional data manipulation and graphing.
(Electronic & Print) The HORIZON Statistical Analysis
add -in has NWA/Quality Analyst embedded in it and
allows for complex environmental statistical analysis,
pattern analysis and trending.
(Electronic & Print) The HORIZON Web Portal is
powered by Actuate® enterprise reporting platform, and
was chosen for its superior scalabiliry and flexibility.
ChemWare leveraged the extensibility of Actuate to
provide integrated enterprise reporting, secure report
delivery, self-service research and intelligence portal, and
a self-service test -ordering portal. Of course, ChemWare
provides off -the -shelf reports that can be modified to suit
the laboratories needs. The HORIZON Web Portal is
seamlessly integrated with the LIMS and provides a
dashboard on all activity in the laboratory, such as
turnaround time by section, QC failure analysis, test
workload/capacity analysis, and analyst certification
status.
ChemWare meets these requirements. Please see the
Report Development and Delivery section of the proposal
for additional details.
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NUMBERING PROPOSED
LIMS
L-10a Analytical Report_WQI
L-10b Analytical Report_Standard Version
L-10c Bacteriological Monthly Report (TCEQ Electronic
Reporting.pdf includes instructions for this report)
L-10d Bacteriological Report to Engineering
L-10e D2 Sheet
L-10f DMR
L-10g Exception Report
L-10h Invoice
L-10i Micro BenchSheet Form
L-10j Monthly Distribution Report to TCEQ
L-10k Monthly TOC Removal Report
L-101 NELAC Report Req
L-10m Sample Receipt
L-10n TOCMOR v9 (RG-379 (TOCMOR instructions).pdf
includes instructions for this report)
L-10o TOCMORv4 (example)
L-10p Tracking Sheets
L-10q Water Quality Report
L-10r WQI Report
DESCRIPTION
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SECTION CATEGORY LIMS REQUIREMENTS NOT
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LIMS
L-11 Provide a list of any "standard" reports to be supplied with
the system. These reports may include those of an
operational (e.g., analyses reporting), management (e.g.,
QA reporting, overdue analyses), transactional (e.g., audit
trail) and/or general system nature.
L-12 Describe the users' ability to restrict, segregate, or include
the publication/reporting of raw (i.e., unapproved) data. If
unapproved data is utilized in a report, describe the LIMS
ability to denote the same visually on the report.
L-13 Describe the method and process for affixing electronic
signature to records, reports, and documents.
L-14 Describe the method external customers would utilize to
view reports, results, etc. Include the file format(s)
available for upload for these reports (the City would like
to allow customers to view/print reports themselves in a
format that does not allow changes by the client).
L-15 Any report sent by the City must have the Fort Worth Lab
logo. Please describe the ability of the LIMS to allow for
logo insertion.
L-16 Describe the ability of the LIMS to identify which
parameters are/are not accredited on each report and the
ability to include the NELAP logo on reports. This is a
requirement of NELAP.
DESCRIPTION
A list of off -the -shelf HORIZON reports is included in
Appendix iv to the proposal.
Reports delivered to the HORIZON Web Portal are
delivered to an individual's inbox based on their user
class or recipient property. Access to the web portal
requires a LIMS username and password administered
within HORIZON i.e. single sign -on. Reports transmitted
from the Web Portal can be encrypted if delivered outside
of the firewall. The report type (i.e. final report with raw
results) can vary from person to person.
HORIZON is 21 CFR Part 11 compliant for electronic
signatures. HORIZON Data Management also supports
capturing electronic signatures on the record.
The online Web Portal is designed for authorized end -
users to pick up reports online and execute ad -hoc sample
inquiries. Reports can be viewed or downloaded as .pdf.
Excel is also a native output format for tabular data.
The City will add its logo one time to its library and it
will be pushed down to all reports. If the logo changes
you only have to drop the new logo in the library.
A CAT (trigger) will be included with the delivered
system that checks the parameter accreditation status at
the time the sample was collected, received, or when the
fast analytical step was taken (e.g., sample prep), for
example (your preference), and apply a footnote/qualifier
to the reportable result on the final report. The standard
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NUMBERING PROPOSED
LIMS
L-17 Elaborate appropriately and succinctly any Reporting and
Data Export considerations not called out in this section
that are deemed important differentiators or essential
functionality.
M Instrument Interfaces
M-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
M-2 Provide an overview and description of the methodology
and general process utilized to interface instruments to the
proposed LIMS. Note: The City has obtained 5 licenses
for Labtronics' LimsLink and 3 licenses for Labtronics
Collect 6.0. The proposer is welcome to utilize these
licenses or specify an alternative.
DESCRIPTION
final report already includes the NELAC logo (see below;
there is a parameter in HORIZON that allows the user to
turn this on or off in the report or to use an alternate
accreditation logo).
,tl RQCOR
yam/ P
i
u°i e
The interfacing technique is highly standardized and
automated in HORIZON, and does not depend on any
proprietary tools, custom drivers or similar technologies.
ChemWare interfaces nearly all types of laboratory
instrumentation by utilizing NuGenesis® SDMS (Waters)
and/or Labtronics LimsLink. We have extensive
experience with these applications, and offer formal
training and numerous off -the -shelf example interfaces
using these technologies. LimsLink is the preferred tool
for instruments with older operating systems, or those
equipped only with serial (RS232) or text file output
capabilities. All other instruments having PC -based data
systems with Windows 2003 or higher operating systems,
and capable of printing results or reports using a
Windows -based print driver, are interfaced using
NuGenesis SDMS. The benefit to using the SDMS
technique is that we can simultaneously capture both the
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ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS NOT
Included
PROPOSED
LIMS
M-3 Please state whether the proposed system has previously
interfaced with the instruments listed below. (Please
indicate the cost associated with each instrument interface
in the Attachment C, "Cost Proposal" sheet.)
M-3a
Four (4) HP Gas Chromatographs w/ Mass Spectrometry
M-3b
Four (4) HP Gas Chromatographs w/ Dual Micro Electron
Capture Detectors
M-3c
One (1) HP Gas Chromatograph Dual Flame Photometric
Detector
M-3d
One (1) Inductively Coupled Plasma Mass Spectrometry
M-3e
Two (2) BOD Analyzers
M-3f
One (1) DIONEX
M-3 g
One (1) Smartchem
M-3h
One (1) Leeman Mercury Analyzer
M-3i
One (1) Denver Analytical Balance
M-3j
Two (2) Ohaus Analytical Balances
Attachment D Statement of Work Matrix.doc
Page 45 of 66
DESCRIPTION
text results and the image of the instrument output in the
LIMS.
ChemWare has interfaced all of the instruments listed
below. Additional information about the operating system
is required to determine the final interfacing technique to
be used. We have proposed a total cost for implementing
interfaces to all of these instruments based on the
following assumptions:
• ChemWare is assuming that all of the HP GC's
have identical or highly similar report formats.
• ChemWare will leverage the City's existing
LimsLink and Collect licenses.
Extraction Template
Extraction Template
Extraction Template
Extraction Template
LimsLink
Extraction Template
LimsLink
LimsLink
Labtronics Collect
Labtronics Collect
Rev. 2/2/2010
SECTION CATEGORY
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ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS
M-3k One (1) Shimadzu TOC Analyzer
M-31 One (1) Thermo TOX Analyzer
M-4 Describe any additional/peripheral equipment required to
support the proposed instrument interfaces.
M-5 Describe any third party software utilized in the
interfacing of instruments and the basic
functionality/benefits of each.
M-6 Describe the ability of the system to allow users to select
the data to use from instrument analysis files. There may
be more than one set of data and the user needs the ability
to choose which is to be utilized.
M-7 Elaborate appropriately and succinctly any Instrument
Interfaces considerations not called out in this section that
are deemed important differentiators or essential
functionality.
N External Interfaces
NOT
Included
PROPOSED
LIMS
DESCRIPTION
LimsLink
LimsLink
All instruments must be on the network to be interfaced,
meaning they require a NIC card and connection to the
LAN. There is a possibility that the lab may need to
update the software on some of its
instrumentation/equipment if the operating system is too
old.
See response to M-2 above.
HORIZON can accept duplicate results and make the
determination on the best set of results based on a pre-
defined business rule or allow the analyst to determine
which results are usable. Most users prefer to stop the
data in a data review staging area in HORIZON, then
indicate which runs are not usable/reportable by selecting
the appropriate user -definable status code (i.e., when one
of the duplicate runs has an "OK" code and the other has
any other code, HORIZON "knows" to select the OK
run). HORIZON can even dynamically accept an
instrument run that was not on the existing run sequence
if, for example, a sample was diluted and added to the
end of the run sequence.
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ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS
N-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
N-2 The proposed LIMS must provide the ability to export a
text file of LIMS data for import into the City's internally -
developed Access -based pretreatment system via an Excel
template (file format included in Appendix D).
N-3 Elaborate appropriately and succinctly any external -
Interface considerations not called out in this section that
are deemed important differentiators or essential
functionality.
O Handheld or Other Mobile Devices
0-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
0-2 Provide a specification for handheld or other mobile
devices that may be used in LIMS data gathering. Such
specification(s) should be based on the Proposer's
experience in delivering the same in a working
environment. The City would use handheld devices for in -
lab data collection (e.g., WETChem) as well as field
results. Note: Recommended handheld devices should be
quoted in Attachment C, "Cost Proposal".
0-3 Describe the Proposer's experience with mobile data
collection. Provide details on processes (e.g.,
synchronization, online availability, failure recovery, off-
line capabilities, etc.) used in hand-held utilization.
NOT DESCRIPTION
Included
PROPOSED
LIMS
ChemWare has included the cost to produce the export
file for the City's custom pretreatment system in its cost
proposal. The file format was not included in the RFP so
additional information may be required to fully
understand the scope of this deliverable.
ChemWare has experience with Symbol and Intermec
handheld dataloggers and Panasonic Toughbook
notebooks; however the FDC application will run on any
ruggedized laptop running a currently supported
Windows operating system, including Vista. The memory
and hard drive specifications will be provided prior to
purchase, but nothing special is required.
ChemWare has implemented a number of labs such as the
South Florida Water Management District that use
ruggedized field computers for remote collection of
sample demographics and field test results. The collectors
download their collection list to the computer prior to
heading out into the field. The computer captures RS232
data from a field testing instrument (Hydrolab), then
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NUMBERING PROPOSED
LIMS
0-4 For mobile devices, the LIMS should provide a
configurable data entry form and offer a bi-directional
interface for such items as schedule download and
automated upload of collected data. Please explain the
proposed system's method of achieving this result.
0-5 Describe the Proposer's recommended mobile field unit
recommendation for collecting composite sample data:
start date and time, stop date and time, temperature, pH,
flow information, aliquots, field comments, split samples,
etc. to eliminate paper collection in the field.
0-6 Elaborate appropriately and succinctly any Handheld
Devices considerations not called out in this section that
are deemed important differentiators or essential
functionality.
P Bar -Coding
P-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
DESCRIPTION
automatically logs in the samples and posts the field test
results when the computer is synchronized with lab
computers running HORIZON LIMS.
This is exactly how the Field Data Capture (FDC)
application works. The HORIZON Field Data Capture
(FDC) module creates a download file containing test
request and sample demographic information (including
collector, collect date, location, etc.). The collector then
remotely captures the required field parameters on the
field laptop, then synchronizes the laptop with his/her
desktop upon returning to the lab. If the laptop is
equipped with GPS, the latitude and longitude data can be
captured automatically. When the laptop is docked, all
the samples are autologged into HORIZON (without
wanding barcodes or entering sample IDs), and the field
data for those samples uploaded automatically.
ChemWare recommends the HORIZON Field Data
Capture (FDC) module for collecting field data (see detail
above). The FDC eliminates the need for paperwork and
is seamlessly integrated with HORIZON.
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P-2 Provide an overview of the use of bar code label printing
and scanning, and provide a recommendation on how best
to incorporate this functionality into a lab's operations.
Include such items as the configurability of labels,
handling of sample split tracking, integration with sample
schedules, ad -hoc production, etc.
P-3 Provide a recommendation for bar code scanners, printers,
software, and any other hardware necessary to implement
bar coding within the City.
P-4 If third party products are used, describe the degree of
integration with the core solution and any supplemental
training needed to operate the software.
P-5 Describe the proposed system's ability to integrate bar
coded labels with established sample schedules so as to
print for being affixed to bottles in advance.
NOT DESCRIPTION
Included
PROPOSED
LIMS
The uses for barcode labels are numerous in HORIZON
and can really drive automation in the overall laboratory
workflow. Samples that are prelogged, for example, can
be immediately accessioned to the lab as they are
received by wanding the sample barcode. This matches
up the incoming sample to the prelogged entry, thus,
facilitating immediate login with no manual entry of
information except, perhaps, the true collection date and
time. HORIZON can autogenerate labels for aliquot
containers as they are created which facilitates easy
identification and manages the overall internal chain of
custody tracking. Barcodes can also be used in sample
disposal. The user will gather their group of containers
awaiting disposal and scan each of them into the disposal
window. HORIZON will raise errors and/or warnings if
the sample is still work in process, the scheduled disposal
date has not yet passed, or the scheduled disposal method
is different from the one selected. There is no magic to
labels -- label formats are completely user -configurable
and examples, including those with barcode fonts, are
delivered with the system.
We know of no modern barcode peripheral equipment
that does not work with the system. We have had
significant experience using Zebra barcode printers and
Symbol barcode scanners with HORIZON.
Apart from hardware there is generally no additional third
party software products required for barcoding.
The collector or analyst will simply query all of the
samples that are scheduled for collection for a specified
time period and use the print labels transaction to pre -
label all of the outbound containers.
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SECTION CATEGORY
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NOT
AND
Included
NUMBERING
PROPOSED
LIMS
P-6
Describe the LIMS ability to generate and read bar codes
for identification, utilization on labels, chain of custody
documents, and data entry purposes.
P-7
Describe the system's ability to allow certain departments
to print bottle labels at their location.
P-8
Describe the ability to re -print a label, even if part of a
larger batch.
P-9
Describe the ability to print ad -hoc labels as in the case of
a walk-in sample.
P-10 Elaborate appropriately and succinctly any
barcode/labeling considerations not called out in this
section that are deemed important differentiators or
essential functionality.
DESCRIPTION
Barcode generation and reading are completely
standardized in HORIZON. HORIZON treats barcodes as
a font, so it is just another representation of the data to be
consumed or produced by the LIMS.
Assuming the printer used to print the barcode is
available on the network and known by the reporting
server, barcode labels can be produced across the
network.
This is standard functionality in the system. A label can
be re -produced for a sample, an aliquot or a batch, as
needed.
The City may choose to create an additional label format
for these samples so that they can be made to be visually
different than `production samples', otherwise, the
process and the ability is completely standard.
Frankly, you should be concerned about any proposal that
elaborates too much on the complexities or vagaries of
barcodes — it should be a red flag the vendor is probably
using proprietary technology or otherwise hard -coding
device communication. Our customers use virtually all
the common barcode scanners and printers on the market.
The barcode scanner acts as a keyboard wedge; it simply
translates the barcode into a font that must be installed on
the user's PC, and HORIZON treats the scanning in
exactly the same manner as an entry (or sequence of
entries) on the keyboard. Modern barcode printers have
drivers, and these drivers are installed in the same manner
as any other printer on your network. In setting up label
printing in HORIZON, you designate which printer is
associated with which LIMS-related events. When
preparing 2 ml extracts, for example, the labels will be of
smaller stock than when preparing 50 nil digestate bottle
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Q Training and Documentation
Q-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
Q-2 The City has facilities to accommodate training up to 10
people at a time. Describe the approach and curriculum
for each of the classes listed below, including number of
days, necessary skills of attendees, etc. (those identified
should be considered the minimum requirement), and any
others you recommend.
Q-2a End -user training classes (The City will have
approximately 35 participants for this session)
DESCRIPTION
labels — these labels are automatically directed to the
printer with the appropriate stock.
Most users fall into three broad categories: "end -users,"
"power users," and "administrators." For the power users
and administrators, ChemWare offers three System
Administrator Training courses. All training includes a
formal training manual, with a wealth of practical
examples and hands-on exercises. ChemWare typically
delivers administrator training courses at its specialized
training facility in Raleigh, however, we are proposing
that these classes be conducted in Fort Worth based on
the City's stated preference.
The end -user category refers to the training ChemWare
provides for users who interact with HORIZON on a
daily basis, but are not responsible for any of the
system's workflow or business rule configuration or
administration. End -user training is always performed
onsite.
End -user training is designed to give users an in-depth
understanding of the activities HORIZON has been
configured to perform. Each End -User Training session is
configured to meet the specific needs of the customer.
Generally, the course will be segmented by laboratory
functional group in order to focus on the transactions and
screens that are most applicable to the specific audience.
We have included 8-days of on -site end -user training to
accommodate laboratory users, laboratory clients,
treatment user/administrators, pre-treatment
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Q-2b Separate System Administrator training classes for IT
Administrator and Power Users (The City will have
approximately 5 participants for this session)
DESCRIPTION
users/administrators, and information support department
personnel training.
System Administrator I Training
This introductory class explains the function and
operation of each online transaction from a user's
perspective. The system administrator learns basic
HORIZON concepts and how samples flow from start to
finish. Demonstration of how the underlying system
parameters control HORIZON's operation sheds insight
into the system's capabilities. These parameters are
configurable by the laboratory. The System
Administrator I class also addresses the correct approach
for testing the parameter settings and releasing new
settings from the test database into the production
database. Worksheets are provided to aid in the
information gathering process that yields the data to
model the methods (test codes) and load these parameter
values. Upon completion of the class, the attendee is
prepared to return to the laboratory and start configuring
the LIMS. Since HORIZON is pre -configured with
several hundred EPA, ASTM, NIOSH, and related
methods, the initial goal is to retain and modify these
particular methods for the laboratory's own use. This is a
4-day training course that is usually offered at
ChemWare's training facility in Raleigh, however we
have included the cost to conduct the training at the
City's facility.
Advanced Administrator Training
Advanced Administrator training provides five (5)
additional days of advanced LIMS training, including
applied topics such as user -definable calculations and
custom action triggers (CATS), instrument interfacing
principles, HORIZON database structures and data
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Q-2c Separate report training depending on the method of
reporting proposed: How to write reports within the LIMS-
-from data to report.
Q-2d Follow-up training onsite within 30-90 days; explain
how system proficiency is ensured after the follow-up
training.
NOT DESCRIPTION
Included
PROPOSED
LIMS
definitions, advanced control table setup and special
condition code features, end -user applications and reports
development (using ActuateTm, ExcelTm, and related
tools), financials, QC charts, subcontract test setup and
advanced scheduling techniques. Two days are
committed to HORIZON Data Management/Vision, the
HORIZON PowerGridTm, and the Extraction Template
Builder. At the conclusion of this training, attendees will
also be qualified to provide LIMS training to new end -
users.
This course is intended for system administrators and/or
power users with a basic familiarity of Visual Basic
and/or other report writing and data querying tools, such
as Microsoft Access or Crystal Reports. Additionally,
attendees are expected to have participated in the
prerequisite System Administrator I and II/III training
courses and have a working understanding of the
database schema. This course focuses as well on the
general Web Portal architecture and administration, as
well as the various strategies for deploying and managing
an enterprise reporting solution. This course is delivered
in two distinct portions. The first part can be delivered by
Actuate in general report development principles as part
of their public course offerings or online. The first four
days of this course can be taken online or at a local
Actuate training facility. The final three days of the
course will be delivered by ChemWare at the City's
training facility.
We have included 8 days of end -user training. The first 4
days will occur just prior to cutover and the second 4
days will occur 30-60 days after cutover. The first 4 days
of end user training will be broken out by functional
group and will focus on tasks and transactions that are
specific to each group. User test cases will be supplied.
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AND Included
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LIMS
Q-3
Describe the proposed system's training materials (e.g.,
video, online/CD training, workbooks) to enable future
end users to learn the system without need of formal
classroom based training. Note: Offering a "train -the -
trainer" curriculum is not sufficient for meeting this
requirement.
Q-4
Describe any third party training necessary for use of the
proposed system (e.g., Crystal Reports).
Q-5
All training must be provided at City facilities. Designate
any costs not covered in this proposal (e.g., travel by the
City, and/or any assumptions on available facilities and
equipment.)
Q-6
Describe the proposed LIMS documentation, including all
system administration guides, technical reference guides,
training materials, end -user manuals, and report
development guides.
Q-7 Describe all online help and documentation, including
search capabilities, context sensitive searching, etc.
Q-8 Describe database documentation available, including
entity relationship diagrams, table structures and
DESCRIPTION
Each user will be able to practice in a test environment.
The second end user training course will occur after users
have had a chance to use HORIZON for a few months
and will serve as both a refresher course and an
opportunity to deal with specific issues and use cases that
users have experienced.
HORIZON provides administrator and end -user training
manuals that include detailed learning exercises. The City
will have a training database environment for end users to
practice and work through the training exercises.
ChemWare is not proposing a train the trainer approach.
See Q-2c above.
ChemWare has included the cost for travel expenses to
the City in its proposal. We will work with the City to
recommend suitable onsite resources for training (i.e.
training computers/databases, projector, flip chart, etc).
HORIZON's documentation is extensive, and includes an
online System Administrator Guide, Implementation
Guide and end -user Help. All three sets of documentation
are written in plain English, with full -text search
capability. All help documentation is context -sensitive,
and browser -based (requires Internet Explorer® 6.x or
higher on the user's workstation).
See Q-6 above.
ChemWare distributes a 4x5' dry erase entity relationship
diagram to its customers. The System Administrator
Guide documents all of the underlying HORIZON table
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definitions, and other associated elements.
Q-9 List any third party documentation to be delivered (e.g.,
Crystal Reports, hardware manuals, label printing guides,
etc.)
Q-10 Describe any regular user conferences or user group
seminars sponsored by the vendor.
Q-11 Elaborate appropriately and succinctly any Training and
Documentation considerations not called out in this
section that are deemed important differentiators or
essential methodologies.
R System Support
R-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
R-2 The system must be maintained to be current with any
future O/S or database upgrades such that support for these
systems has not expired. Describe the process utilized to
ensure compatibility with future versions of the installed
platform and the infrastructure environment.
NOT
Included
PROPOSED
LIMS
DESCRIPTION
and database structure.
ChemWare does not distribute any standalone third party
documentation. All of the integrated third party products
are described in ChemWare's standard documentation.
The user group meeting is an opportunity for our users to
meet with their peers and present suggested
improvements to the system. It is also a forum for
ChemWare to discuss new features and modules that
have been added to HORIZON along with the upcoming
development schedule. ChemWare holds a User Group
meeting approximately every 12-18 months. The 2008
ChemWare User Group Meeting was held in Chicago, IL.
ChemWare goes through a rigorous internal validation
process prior to software release. At the time of
distribution/installation, we issue a list of operating
systems on which the software has been certified. The
process is outlined in the documented Quality System
procedures which can be made available to the City upon
request. The Software Maintenance Agreement stipulates
that ChemWare must support the systems/versions for
which it has been certified. No software vendor will
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R-3 Describe the ability to provide the following minimum
support items:
R-3a The system should be provided with telephone and
online support during standard business hours (8:00 a.m.
to 5:00 p.m. CST). If the vendor's standard support hours
fall outside of this time frame, describe the process that
will used to support City.
R-3b Response time of issues should be within 4 business
hours.
R-3c The system should be provided with annual upgrades
and "bug" fixes as required.
DESCRIPTION
guarantee certification on "any future O/S or database
upgrades" because the vendor has no control over the
product release or desupport cycles of the respective
third -party software providers.
ChemWare's Help Desk is staffed between the regular
business hours of 7 am and 5 pm CST, Monday through
Friday, excluding standard U.S. Holidays. ChemWare
supports all of its customers, from as far west as
Anchorage to as far east as Seoul, Korea, from its
headquarters in Raleigh, NC.
ChemWare prioritizes all incoming support requests. A
Priority 1 support issue (Down Production System)
requires an immediate acknowledgement and a 1 hr
response turnaround with a temporary fix. A priority 2
support issue (Compromised Production System) also
requires an immediate acknowledgement and a 4 hr
response time with a temporary fix within 2 days. Priority
3 through 5 support issues will receive a response within
1 business day with a resolution or fix on a case by case
basis.
Generally, all HORIZON updates ("point" releases) are
distributed via the Download Center at
www.chemware.com. Users are e-mailed an update
notice in advance, describing the pertinent features of the
update. Any updates to documentation are also
downloaded directly from the LIMS Resource Center.
ChemWare averages one new "point" release every six
months; the point releases are not "service packs," as that
term is normally used for releases to fix critical bugs. Our
point releases are primarily for new enhancements,
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R-4
R-5
ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS
R-3d All upgrades or system patches must be provided with
full documentation concerning the nature of the change
and the process for its installation.
R-3e Phone support must be available during the installation
of any issued upgrade/patch.
Describe support procedures for incidents occurring
outside normal business hours and/or emergency/critical
situations.
Describe the process for system updates such that no
content, links, configuration settings, files, etc. are
abandoned.
NOT DESCRIPTION
Included
PROPOSED
LIMS
although minor bugs will have also been addressed.
Major upgrades (new version numbers) are distributed on
CD. The CDs include detailed release notes (a full release
history is also available for download by customers from
the LIMS Resource Center), installation instructions, and
automated InstallShield® scripts. Minor releases and
patches can be downloaded from ChemWare's website
with full documentation.
This is a standard part of the support/maintenance
agreement. We would highly recommend that you notify
the ChemWare Help Desk in advance of any such
installation to make sure we are aware you are doing this
and on standby. However, if you follow proper
procedures, any such upgrade/patch would be installed on
your Test system first, validated, and then moved over
into the Production system.
"Emergency support" (240065) is also optionally
available to customers operating mission -critical
laboratories requiring production -emergency support
beyond normal working hours. Therefore, the City could
X establish an emergency support option to its standard
maintenance agreement, which would provide access to
emergency beeper/cell phone support in the event of a
production -emergency occurring after 6 pm Eastern Time
(5 pm CST).
ChemWare never changes the database structures such
that they could break end -user extensions to the system
(e.g., eliminating a table or field), and we provide
detailed release notes with an impact statement to allow
users to understand what changes were made within a
new release and to help them perform validation on
custom reports, interfaces, etc., if applicable.
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R-6 Provide a statement guaranteeing future compatibility and
"seamless" upgrade assuming an annual support
agreement is maintained.
R-7 Describe any additional support functions offered as part
of the proposed system (e.g., off -hours support
availability).
R-8 Describe, with examples, the prioritization of support calls
and the intended response time for resolution of each level
of priority.
R-9 Fully describe the path for support issue escalation.
NOT DESCRIPTION
Included
PROPOSED
LIMS
The HORIZON warranty, and thereafter your annual
Software Maintenance Agreement, includes all
HORIZON updates available during the period.
ChemWare goes to great lengths to ensure that customer
extensions and customizations will not be affected by the
new release and provides a detailed impact statement
with new releases for the customer to evaluate.
ChemWare also provides release scripts and templates to
aid in the transition to a new software release however,
the City is ultimately responsible for rigorously testing
any new software release prior to putting it into
production.
See R-4 above.
See R-3b above.
Support issues are triaged and prioritized as received.
ChemWare uses a web -based project management system
(PPSA Projector to ensure accurate tracking and timely
resolution of implementation -related issues, and a
professional software support tracking system
(TeamTrack(r') to ensure timely resolution and track
escalation of any support -related issues. Projector also
allows the customer to view project status reports and an
issue log, among other reports and project -related
documents (including customization/development-related
RSSCs), from any web browser. For routine support
inquiries to the Help Desk, a Technical Support Request
(TSR) is initiated in the tracking system, and assigned a
ticket number, owner, and priority. If the issue is the
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AND Included
NUMBERING PROPOSED
LIMS
result of a software defect that renders the software
unusable (e.g., down production system, critical sample
or data processing halted), the TSR is characterized as a
Priority 1 emergency, and all commercially -reasonable
measures are extended to resolve the issue as quickly as
possible. In the event that an issue requires a software
change, ChemWare project personnel will file a Software
Change Request (SCR). SCRs have a severity priority
assigned by ChemWare. The City is then provided with
commitment dates for each SCR. If the City believes that
proper attention is not being given to a reported issue,
project personnel will follow the escalation path
identified in the Project Team organization chart.
R-10 Indicate the duration of continued maintenance and
The last two major releases of HORIZON LIMS are
support for superseded releases.
officially supported by the Help Desk. However, if there
are issues with older versions of the software, ChemWare
makes its best effort to support customers on older
versions, though patches and other means of issue
resolution may not be available.
R-11 Describe any annual roadmap sessions available to
The formal product roadmap is discussed in detail during
communicate near -term functionality upgrades to clients.
the HORIZON User Group meetings. Ongoing
conversations between the ChemWare PM and customers
take place as required to keep customers abreast of any
changes that may impact their implementation.
R-12 Provide the cost difference between standard business
To access 24x7 emergency technical support, the "On
hour support and 24x7 support, if available.
Call "Emergency Support Option coverage must be
established in advance according to the terms and pricing
described in Exhibit A of the Technical Services
X Agreement attached to this proposal. We don't believe
this will be necessary for the City; however, the option is
certainly available. Emergency support applies to
application -related emergencies after the LIMS is in full
production, not to routine Help Desk or implementation
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LIMS
R-13 Describe any activities offered to ease the transition from
implementation to support.
R-14 Elaborate appropriately and succinctly any System
Support considerations not called out in this section that
are deemed important differentiators or essential
functionality.
S Data Archival and Backup
S-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
DESCRIPTION
questions. Normal working hours for Help Desk support
are Sam — 6pm ET, Monday -Friday, except holidays.
None of ChemWare's water quality laboratory customers
utilize the Emergency Support Option, but this is
probably more a factor of the system up-time/reliability
than of their operations being single- or multi -shift.
ChemWare's Project Manager usually manages the
account for the first few months in production as this is a
time when ongoing communication is essential. The PM
will gradually transition the account to support that will
have access to customer documentation and a copy of the
customer's database (if allowed by the customer) so that
they can recreate any issues the customer may be
experiencing.
Usually, archiving of data is not necessary any more
frequently than every two or three years. The purpose of
an archive is to reduce the amount of online data so that
the database can be more efficiently accessed. The
approach we recommend maintains the archive in an
Oracle database —a database that is separate from the
online production database. This means that all regular
HORIZON transactions that are compatible with the
archived samples can be viewed, re -reported, etc. There
is no requirement to "roll forward" the archive for each
new release of Oracle. Currently none of our users takes
an archive of the LIMS data — all of the data is left online
indefinitely. There are no performance problems, even
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AND Included
NUMBERING PROPOSED
LIMS
S-2 Describe any data archival utility feature including timing
and frequency of archival, record selection and retention
(e.g., by date, sample number, etc.), restore options, etc.
S-3 Is the LIMS provided with an inherent backup utility or
does the system rely on the backup systems and processes
of the operating environment (i.e., server and operating
system)? Describe the functionality and/or the vendor's
recommendation with respect to other tools/options for
backup and/or archival.
S-4 Describe the proposed systems ability to retrieve archived
data for inclusion in reports, and how report data may be
used to obviate the need for voluminous long-term data
storage. Include any 'restore' functionality and/or any
limitations on the querability of such data.
with laboratories processing up to 8,000 samples/day
since the 1998.
See S-1 above
The backup software should have an "agent" that allows
for unattended hot backup of the database, such as the
Symantec Backup ExecTM system (not included in this
proposal). The backup operator indicates to the Oracle
database instance that a backup is about to occur on a
specific tablespace. All the files for that tablespace are
copied to backup media. Upon completion of the
tablespace backup, the backup operator indicates to the
Oracle database instance that the tablespace backup is
X completed. This process continues until all the
tablespaces are backed up. Upon completion of the
backup of all the tablespaces, backup of the mirrored
control file and redo log files, as well as the archived redo
log files, takes place.
ChemWare distributes recommended database
backup documentation to all new customers and the
topic is also covered in System Administrator
Training.
We are assuming that the City will keep all of its data
online in HORIZON (See S-1 above). Should the
database crash the recovery of an Oracle database backed
up under the hot backup scheme does not have to be
recovered as a set. If a single tablespace must be
recovered, the files belonging to that tablespace are
recovered and the data found in the archived redo log
files (and active redo log files) is applied to the database
instance. The net effect is that recovery is virtually up to
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ATTACHMENT D — REQUIREMENTS MATRIX
CATEGORY LIMS REQUIREMENTS NOT
AND Included
NUMBERING PROPOSED
LIMS
S-5 Describe the ability to purge data from the system after a
specified amount of time.
S-6 Elaborate appropriately and succinctly any Data Archival
and Backup considerations not called out in this section
that are deemed important differentiators or essential
functionality.
Security
T-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
T-2 The LIMS system shall provide security features to ensure
that only authorized individuals enter, view and modify
data. Access levels shall be definable to restrict use of
system level functions (such as user authorization), and to
provide data access levels to restrict the use of data entry,
data approval, data retrieval, data modification, database
structure creation or modification functions. Describe the
security features of the proposed system, covering items
such as system login, user validation
(usemame/password), user groups, establishing privileges,
DESCRIPTION
the point of impact. The only data loss should be the last
transaction that was in progress at the time of the failure.
ChemWare is recommending that the City keep all of its
records online, as is the case with nearly all other
HORIZON users. The system was designed for
scalability, and performance should never suffer as long
as the server hardware is not under -sized. Even our
largest customers (including several of the largest
commercial environmental and clinical laboratories in the
U.S.) never take an archive or purge data.
HORIZON implements security at several levels. You
have complete control in establishing user authorities and
defining classes.
HORIZON institutes role -based security mechanisms that
provide levels of visibility and update capability
appropriate for the tasks being performed. Associated
with each user is a list of queues, procedures, and
expiration dates (to control analyst certification periods).
Update access for a certain test method or procedure is
prohibited if this is not one of the analyst's permitted
queues or procedures. Only super -users at the DBA level
have access to the underlying tables through the
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AND
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etc.
ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS NOT
Included
PROPOSED
LIMS
T-3 Describe the ability of the system to allow for complex
passwords and forced expiration of passwords.
T-4
Describe the ability for the LIMS to allow restriction for:
T-4a
Individual screens
T-4b
Menus
T-4c
Tables
T-4d
Reports
T-4e
Quality control functions
T-4f
Other (please specify)
T-5
Describe the auditing information (e.g., last user, last
updated) stored with each non -sample database record
(e.g., inventory) including any user definable options for
DESCRIPTION
HORIZON Rules Engine.
Unique logon IDs and passwords map the user to a `user
class," which controls database access, paints the menus
with the appropriate set of menu items, and provides
update or read-only access to Oracle tables and columns
specific to the user class.
Any number of user classes may be defined, and any
level of granularity may be established in setting up these
classes. As required by 21 CFR Part 11 for Electronic
Record Keeping, a timeout feature prevents unauthorized
access to unattended workstations. Key user actions are
audit trailed automatically, including modification of
results.
HORIZON includes the ability to set user time-out and
user log -out as standard configuration settings. The
algorithm used for defining acceptable passwords can be
defined by our clients.
See T-2 Above
See T-2 Above
See T-2 Above
See T-2 Above
See T-2 Above
HORIZON requires a unique username and password
combination and provides a role -based security model
that prevents system access or data modification without
proper security privileges. The identity of the user and a
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AND
NUMBERING
the same.
ATTACHMENT D — REQUIREMENTS MATRIX
LIMS REQUIREMENTS NOT
Included
PROPOSED
LIMS
T-6 Elaborate appropriately and succinctly any Security
considerations not called out in this section that are
deemed important differentiators or essential functionality.
U Invoicing and Future Considerations
U-1 GENERAL RESPONSE / DESCRIPTION for this section
as noted on line 2.
U-2 The City may provide analytical services to external
agencies and send invoices as needed. Describe the
proposed systems ability to track analyses by customer, to
assign costs by sample or test, and to produce invoices.
Please fully describe the system's fee structure capabilities.
DESCRIPTION
date timestamp are attached to every update of sample or
batch information. HORIZON maintains a full audit trail
displaying the "before" and "after" values, date and time
of change, person making the change, reason for change,
and optional free -format explanation for the change.
Capture of auditing information can be enabled in the
background ("quiet" auditing). A button is lit on the
HORIZON tool bar to show when a workorder, sample,
or batch has an underlying audit trail. Clicking on this
button displays the audit trail. A standard audit report is
also delivered with the system.
Reports delivered to the HORIZON Web Portal are
delivered to an individual's inbox based on their user
class or recipient property. Access to the web portal
requires a LIMS username and password administered
within HORIZON i.e. single sign -on. Reports transmitted
from the Web Portal can be encrypted if delivered outside
of the City's firewall.
Laboratories can generate both quotes and invoices
directly from HORIZON, though the LIMS may also be
configured to use your existing accounting and invoicing
system, if preferred.
Any number of cost or price sheets can be carried within
HORIZON. A price sheet can be defined as a percentage
of another cost/price sheet and as a function of test
turnaround. The cost/price sheet contains prices for each
analysis code and, optionally, other pricing strategies,
such as pricing per procedure (actual work scheduled),
time and materials rates, a fixed fee assigned by the
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LIMS
U-3 Describe the LIMS contact management system used to
maintain addresses and other relevant information that can
be assimilated on an invoice.
U-4 Describe the proposed system's cost accounting and
management functions for tracking invoice payment and
for maintaining accounts payable information (e.g., from
DESCRIPTION
project manager, supply costs or any miscellaneous
charge(s). In addition to the price sheet, special price
quotations for an individual test or a group of tests may
be defined at the profile level.
HORIZON produces invoices on a sample or workorder
basis, or by period/timeframe. Invoices are always
specific to a project, client or profile, and link to a
purchase order number, if supplied. When invoicing by
period, the cutoff dates for each period can be configured
system -wide or by client, so one client can be invoiced
monthly while another is invoiced quarterly.
When the invoice is generated, an export file of billable
charges is also created, so that charges and breakdown by
general ledger account can be automatically fed into the
laboratory's Accounts/Receivable system. Invoices,
including the charge detail, remain online for inquiry
purposes.
Any number of addresses or contacts, and how each is to
be used, can be associated with a given client or project.
A list of phone numbers is also carried for each address.
A reporting contact can be set up for different delivery
methods, such as Web Portal, fax, e-mail, or hardcopy.
HORIZON is delivered with a zip code database, which
defaults the city and state from the entered zip code.
HORIZON also has an online Phonelog for registering
details of client correspondence, classifying the concern,
capturing free -form notes, and scheduling follow on
activities (of either an administrative or analytical
nature).
HORIZON does not replicate the functionality of a true
accounting system. HORIZON does billing (actually
printing the invoice) but does not track the status of
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AND Included
NUMBERING PROPOSED
LIMS
contract laboratories).
U-5 Describe the ability of the system to import payment
details from a spreadsheet and allow external customers to
view the status of an invoice.
U-6 Elaborate appropriately and succinctly any Future
Considerations not called out in this section that are
deemed important differentiators or essential functionality.
V Other Requirements
V-1 Elaborate appropriately and succinctly any other
requirements not called out in this document and are
deemed important differentiators, essential functionality,
or contributing methodologies.
Accounts Receivable. Past due accounts can be put on
hold in HORIZON which can automatically create an
administrative unit of work for the Project Manager to
contact the client should new samples arrive from a
delinquent account.
Invoices can be published to specified users' web portals
for inspection, download or printing. The web portal will
also allow users to have full access to their invoices and
are free text searchable.
Attachment_D Statement of Work Matrix.doc Page 66 of 66 Rev. 2/2/2010
ATTACHMENT E — PAYMENT SCHEDULE
HORIZON LIMS PAYMENT SCHEDULE
City of Forth Worth
Summary
Total Software Amount
$189,584
Total Services Amount'
$172,065
Travel Amount2
$13,500
(Reference Site Discount)
($25.510)
_
Total Amount
$349,639
Milestone Payment Schedule
# Milestone
Projected Date Amount
1 Installation of Software/IQ
March 2010 $111,999
- Software
$94,792
- Services
$17,207
2 Delivery of Initial System Configuration
May 2010 $53,372
- Software
$18,959
- Services
$34,413
3 Delivery of Advanced Configuration Items
July 2010 $89,537
Software
$37,917
- Services
$51,620
4 System Acceptance
October 2010 $43,891
"
- Services
$34,412
- Software
$9,479
5 Go-Live3
November 2010 $26,686
- Software Holdback
$9,479
- Services
$17,207
6 Delivery of Second End -User Training3
$10,654
- Software Holdback
$18,958
- Services
$17,206
- Reference Site Discount
($25,510)
Subtotal: $336,139
Travel
$13,500
Total: $349,639
All Milestone Payments are upon conclusion of written City acceptance in accordance with the terms of
the Professional Services Agreement (PSA).
'Total Services Amount is based on service hours, tasks/deliverables, resources, timelines, and scope of
work described in Statement of Work, Attachment C
to the PSA. Includes provisions for (1) weekly
Progress Meeting with written progress report (30 minute
teleconference); (2) monthly Onsite Progress
Meeting; and (3) two Onsite Milestone "Executive Briefings" (presentations). Services line items in
above Milestone Payment Schedule are approximate;
actual Services delivered/accepted for each
Milestone will be invoiced/paid.
Attachment _E._Payment Plan.doc Page 1 of 1 Rev 2/2/2010
ATTACHMENT E — PAYMENT SCHEDULE
2Travel Expenses will be expensed as they are incurred with a maximum total expenditure of $13,500.
The majority of onsite visits will be from the Austin Service Center and will not require a flight. Mileage
" expenses are included in the per diem.
3The City will not unreasonably withhold or delay release of a milestone -based payment, including
holdbacks, if progress on the milestone is delayed by the City.
WE
Md
i
do
i
MW
MW
M
Attachment _E_Payment Plan.doc Page 2 of 1 Rev 2/2/2010
ATTACHMENT F — HARDWARE INFRASTRUCTURE
am
... Proposed Hardware Configuration (subject to change)
Am
s
am
am
m
aw
00
so
do
no
No
Attachment_F_Hardware Infrastmctum.doc Page Iof 1 Re 22/2010
00
HORIZON® LIMS Enterprise Computing Topology
Web Portal Traffic
Port 8000 SOAP
Port 8700 HTTP
Port 443 SSL
110.
eMail
Fax
Port 80 IIS /� Port 1521
Port 2500-2509 Oracle Client
Instrument Data
Encrypted
Port 7777
Port 7778
Instrument Data
411
COA's
v
PC Workstation
• IE8 Web Browser
Oracle Forms Server
Oracle Client Win2003 Server
Port 1521 Running:
• Oracle Forms 10g Services
Actuate IServer
1IV1n2003 Server
Running:
• Actuate iServer
-Web Portal for Internal Users
Private Network
HORIZON/Oracle 10g db
Win2003 Server- Oracle 10g
db (Embedded or ASFU)
NuGenesis/Oracle 10g db
VYn2003 Server
• NuGenesis Portal on IIS
• Oracle 10g (Embedded)
ONN
ATTACHMENT G — INSTRUMENT LIST
..
This attachment includes the list of Laboratory instruments. ChemWare has annotated the
list with the following footnotes to indicate which instrument interfacing technique will
be used:
HDM = Extraction Template technique using Waters NuGenesis® Scientific Data
Management System (SDMS) included in the HORIZON Data Management technology
suite for print -to -database capture of both image and extracted data/text
DI = Data Innovations Instrument Manager® technique for capturing RS232/binary, HL7,
or ASTM data stream from instrument
LL = Labtronics LimsLink ExpressTM, CollectTM or other applicable Labtronics
interfacing technique for parsing instrument text file (or capturing RS232 data stream, if
text file is not available)
Instrument
Four (4) HP Gas Chromatographs w/ Mass Spectrometry
Four (4) HP Gas Chromatographs w/ Dual Micro Electron
Capture Detectors
One (1) HP Gas Chromatograph Dual Flame Photometric
Detector
One (1) Inductively Coupled Plasma Mass Spectrometry
Two (2) BOD Analyzers
One (1) D IONEX
_ One (1) Smartchem
One (1) Leeman Mercury Analyzer
One (1) Denver Analytical Balance
Two (2) Ohaus Analytical Balances
One (1) Shimadzu TOC Analyzer
One (1) Thermo TOX Analyzer
Suggested Interfacing
Technique
HDM
HDM
HDM
LL
HDM
LL
LL
LL/Collect
LL/Collect
LL
LL
Note: The City has obtained 5 licenses for Labtronics' LimsLink and 3 licenses for
Labtronics Collect 6.0.
Attachment_G_Lutrument List.doc Page W2
Rev. 2/2/2010
ATTACHMENT G — INSTRUMENT LIST
i
r
r
ao
M
M
Assumptions:
• ChemWare is assuming that all of the HP GC's have identical or highly similar report
formats.
• ChemWare will leverage the City's existing LimsLink and Collect licenses.
Attachment_G_Instmment LleLdoc Page 2of 2 Rev. 2/2/2010
Acode
$300
300
$502
$508
$524
$525
$551
$552
$608
$625
$1657
$8081
$8082
$8141
$8240
$8260
$8270
$300S
$524PHARM
$524SM
$525SM
$556SM
$608UNQ
$624M
$624MA
$624MUNQ
$624SP
$625L
$625SM
$625SP
$625UNQ
$8081 S
$8270SM
$ATRAZINE
$BTEX
$CH
$DB21 MET
$DBMET
$DTMET
$DW PARTA
$EMEMDISMET
$EMEMPILOT
$GEOSMIN
$INMET
$INMTA
$INMT-AS
$L3TEST2
$METALSTEST
$METPREP
$MONITORINGW ELLMETALS
$MTBE
Attachment H: Test Methods
Aname
Bromate
Part B Anions
Trihalomethanes Screening
Chlorinated Pesticides/PCB
Volatile Organics
Semi -Volatile Organics
Haloacetonitriles*
Haloacetic Acids
Chlorinated Pesticides/PCBs
Semi -Volatile Organics
OP Pesticides
Chlorinated Pesticides
PCB
OP Pesticides
Volatile Organics
Volatile Organics
Semi -Volatile Organics
Part B Surrogate
Volatile Organics
Volatile Organics Screen
Semi -Volatile Organics Screen
Carbonyls*
Chlorinated Pesticides
Volatile Organic
Acidified Volatile Organic
Volatile Organic
Volatile Organics
Semi -Volatile Organics
Semi -Volatile Organics Screen
Semi -Volatile Organics
Semi -Volatile Organics
Chlorinated Pesticides
Semi -Volatile Organics Screen
Semi -Volatile Organics
BTEX
Chloral Hydrate
Drying Bed 21 Metals
Drying Bed 21 Metals
Distribution Metals
Part A Anions
EM MEM Dissolved Metals
EM MEM PILOT Metals
Taste & Odor Compounds
Industrial Metals
Industrial Metals No Arsenic
Industrial Metals W/O AS
LCS Recovery for Trihalomethanes
Metals Prep Test
Metals Prep
Monitoring Well Metals
Volatile Organics
Aref
EPA 300.1
EPA 300.1
THM Screen
EPA508
EPA524.2
EPA525.2
EPA551.1
EPA 552.2
EPA608
EPA625
EPA1657
EPA8081A
EPA 8082
EPA8141
EPA8240
EPA8260
EPA8270
EPA300.1
EPA524.2
EPA524.2
EPA525SM
EPA556
EPA608
EPA624
EPA624
EPA624
EPA624
EPA625
EPA625
EPA625
EPA625
EPA8081 A
E PA8270
EPA525.2
EPA624
EPA551.1
EPA 200.8
EPA 200.8
EPA 200.8
EPA300.0
EPA 200.8
EPA 200.8
SM6040D
EPA 200.8
EPA 200.8
EPA 200.8
EPA524.2
EPA 200.8
EPA 200.8
EPA 200.8
EPA524.2
Attachment H: Test Methods
$MWMET
Monitoring Well Metals
EPA 200.8
$PCB
Polychlorinated Biphenyls
EPA608
$PCOUNT
Partical Counts
SM2560 B
$PEMET
Performance Evaluation Metals
EPA 200.8
$PSDMETALS
PSD Metals
EPA 200.8
$PSDMONTHLYMETALS
PSD Monthly Metals
EPA 200.8
$PSDUNQMETALS
PSD Unique Metals
EPA 200.8
$SLMET
Sludge Metals
EPA 200.8
$SPMET
Special Metals List
EPA 200.8
$TCEQATRAZINE
MC Select Semi -Volatile Organics
EPA525.2
$TCEQHERBICIDES
MC Select Semi -Volatile Organics
EPA525.2
$TEST1
Trihalomethanes
EPA524.2
$TEST2
Trihalomethanes
EPA524.2
$TESTMET
Industrial Metals
EPA 200.8
$TTHM
Trihalomethanes
EPA524.2
$VCMETALS
Village Creek Metals
EPA 200.8
$WSMETALS
WS Proficiency Metals
EPA 200.8
$WWMETALS
Wastewater Metals
EPA 200.8
$WWMETALSPPB
Wastewater Metals PPB
EPA 200.8
$W W PARTA
Part A Anions
EPA300.0
$WWPCF
Metals Prep Conversion Factor
EPA 200.8
$WWPPPB
Metals Prep (PPB)
EPA 200.8
' 1112TCLE
1,1,1,2-Tetrachloroethane
EPA524
111 TCLET
1,1,1-Trichloroethane
EPA624
1122TCLE
1,1,2,2-Tetrachloroethane
EPA624
112TCLET
1,1,2-Trichloroethane
EPA624
11 DCLETA
1,1-Dichloroethane
EPA624
11 DCLETE
1,1-Dichloroethene
EPA624
11 DCLETN
1, 1 -Dichloroethylene
EPA624
11 DCLPRO
1,1-Dichloropropene
EPA524
123TCLBZ
1,2,3-Trichlorobenzene
EPA524
123TCLPR
1,2,3-Trichloropropane
EPA624
1245TCB
1,2,4,5-Tetrachlorobenzene
EPA625
124TCLBE
1,2,4-Trichlorobenzene
EPA625
124TMYBE
1,2,4-Trim ethyl benzene
EPA525
- 12DB3CLP
1,2-Dibromo-3-Chloropropane
EPA624
12DBETHN
1,2-Dibromoethane
EPA624
12DBMETH
1,2-Dibromoethane
EPA624
12DCLBEN
1,2-Dichlorobenzene
EPA624
12DCLETH
1,2'-Dichloroethane
EPA624
12DCLPRO
1,2-Dichloropropane
EPA624
12DPHHYN
1,2-Dipehnylhydrazine
EPA625
12TDCLEN
1,2-trans-Dichloroethene
EPA624
13DCLBEN
1,3-Dichlorobenzene
EPA624
13DCLPRO
1,3-Dichloropropane
EPA624
' 13TMYBEN
1,3,5-Trimethylbenzene
EPA524
14DCLBEN
1,4-Dichlorobenzene
EPA624
141DIOXIN
1,4-Dioxin
EPA624
22DCLPRO
2,2-Dichloropropane
EPA624
245TCHLP
2,4,5-Trichlorophenol
EPA625
246TCHLP
2,4,6-Trichlorophenol
EPA625
24DCHLPH
2,4-Dichlorophenol
EPA625
A
Attachment H: Test Methods
24DMYLPH
2,4-Dimehtylphenol
EPA625
24DNITOL
2,4-Dinitrotoluene
EPA625
24DNITPH
2,4-Dinitrophenol
EPA625
26DNITOL
2,6-Dinitrotoluene
EPA625
2BUTANON
2-Butanone
EPA624
2CHLETVE
2-Chloroethyl Vinyl Ether
EPA624
2CHLOPH
2-Chlorophenol
EPA625
2CHLOTL
2-Chlorotoluene
EPA525
2CLNAPHT
2-Chloronaphthalene
EPA625
2HEXANON
2-Hexanone
EPA624
2NITROPH
2-Nitrophenol
EPA625
2PICOLIN
2-Picoline
EPA624
300BR
Bromide
EPA 300.0
300M
Bromate Screen
EPA 300.1
33DCLBEN
3,3-Dichlorobenzidine
EPA625
44DDD
4,4'-DDD
EPA608
44DDE
4,4'-DDE
EPA608
44DDT
4,4'-DDT
EPA608
46DN2MPH
4,6-Dinitro-2-Methyl phenol
EPA625
4BRPHETH
4-Bromophenyl Phenyl Ether
EPA625
4CHUMPH
4-Chloro-3-Methylphenol
EPA625
4CHLOTOL
4-Chlorotoluene
EPA525
4CLPHETH
4-Chlorophenyl Phenyl Ether
EPA625
4MYL2PEN
4-Methyl-2-Pentanone
EPA624
4NITROPH
4-Nitrophenol
EPA625
524RXLONG
524 Pharmeceuticals Long List
EPA524.2
524RXSHORT
524 Pharmeceuticals Short List
EPA524.2
A-BHC
Alpha-BHC
EPA608
ACENAPHT
Acenaphthene
EPA625
ACENAPHY
Acenaphthylene
EPA625
ACETNTRL
Acetonitrile
EPA624
ACETONE
Acetone
EPA624
ACROLEIN
Acrolein
EPA624
ACRYLNI
Acrylonitrile
EPA624
AG
Silver
EPA200.8
AL
Aluminum
EPA200.8
ALACHLOR
Alachlor
EPA508
ALDRIN
Aldrin
EPA608
ALK
Total Alkalinity
SM2320 B
ALK310
Total Alkalinity
EPA 310.2
ALK310SM
Total Alkalinity Scan
SM2320 B
ALKSC
Total Alkalinity
EPA 310.2
ALKSM
Total Alkalinity Scan
SM2320 B
ALKSMSC
Total Alkalinity Scan for smartchem
SM2320 B
ANTHRACE
Anthracene
EPA625
ARC01016
Aroclor-1016
EPA608
ARC01221
Aroclor-1221
EPA608
ARC01232
Aroclor-1232
EPA608
ARC01242
Aroclor-1242
EPA608
ARC01248
Aroclor-1248
EPA608
ARC01254
Aroclor-1254
EPA608
ARC01260
Aroclor-1260
EPA608
Attachment H: Test Methods
AS
Arsenic
EPA200.8
ATRAZINE
Atrazine
EPA508
AYLCHLOR
Allyl Chloride
EPA624
AZNMETHL
Azinphos Methyl
EPA8141
B2CLETHE
Bis(2-chloroethyl)ether
EPA625
B2CLMETH
Bis(2-chloroethoxy)methane
EPA625
B2CLPRET
Bis(2-chloroisopropyl)ether
EPA625
B2ETPHTH
Bis(2-ethylhexyl)phthalate
EPA625
BA
Barium
EPA200.8
B-BHC
Beta-BHC
EPA608
BCAA
Bromochloroacetic Acid
EPA522.2
BCAN
Bromochloroacetonitrile
EPA551.1
BDCAA
Bromodichloroacetic Acid
EPA522.2
BE
Beryllium
EPA200.8
BENZDINE
Benzidine
EPA625
BENZENE
Benzene
EPA624
BOD
Biochemical Oxygen Demand
SM 5210 B
BOD1
Biochemical Oxygen Demand
SM 5210 B
BOD7M
7 Day Biochemical Oxygen Demand
SM 5210 B
BOWSETUP
7 Day BOD Set Up
SM 5210 B M
BODFIL
BOD-Soluble
SM 5210 B
BODFILSET
BOD-Soluble Set Up
SM 5210 B
BODPART
BOD - Particulate
SM 5210 B
BODSETUP
BOD Set Up
SM 5210 B
BROCLBEN
Bromochloromethane
EPA524
BROMACIL
Bromacil
EPA508
BROMOBEN
Bromobenzene
EPA524
BROMOFOR
Bromoform
EPA502.2
BROMOMET
Bromomethane
EPA624
BUBNZPHL
Butylbenzylphthalate
EPA525
BUTACHLR
Butachlor
EPA508
BZANTHRA
Benzo(a)anthracene
EPA625
BZBFLUOR
Benzo(b)fluoranthene
EPA625
BZBUPHTH
Benzyl butyl phthalate
EPA625
BZKFLUOR
Benzo(k)fluoranthene
EPA625
BZPERYLE
Benzo(ghi)perylene
EPA625
BZPYRENE
Benzo(a)pyrene
EPA625
C12DCLET
cis-1,2-Dichloroethene
EPA524
C13DCLPR
cis-1,3-Dichloropropene
EPA624
C14DCL2B
cis-1,4-Dichloro-2-Butene
EPA624
CA
Calcium Hardness
SM3500 Ca B
CALCIUM
Calcium as Calcium
SM3500 Ca B
CBOD
Carbonaceous BOD
SM 5210 B
CBODSETUP
CBOD Set Up
SM 5210 B
CD
Cadmium
EPA 200.8
CDBAA
Chlorodibromoacetic Acid
EPA552.2
CDISULFI
Carbon Disulfide
EPA624
CHBR2CL
Chlorod ibrom om ethane
EPA502.2
CHBR3
Bromoform
EPA502.2
CHCL2BR
Dichlorobromomethane
EPA502.2
CHCL3
Chloroform
EPA502.2
CHLBENZE
Chlorobenzene
EPA624
M
so
id
Attachment H: Test Methods
CHLETHAN
Chloroethane
EPA624
CHLORDAN
Chlordane
EPA608
CHLORDNA
Chlordane (alpha)
EPA508
CHLORDNC
Cis-Nonachlor
EPA525
CHLORDNG
Chlordane (gamma)
EPA508
CHLORDNT
trans-Nonachlor
EPA508
CHLORPYF
Chlorpyrifos
EPA8141
CHLPYPHS
Chlorpyrophos
EPA8141
CHLRMETH
Chloromethane
EPA624
CHRYSENE
Chrysene
EPA625
CHYLLA
Chlorophyll A
SM10200H
CL
Chloride
SM4500-CI- B
CL2
Total Chlorine Residual
SM4500-CI F
CL2SM
Total Chlorine Residual Screen Method
SM4500-CI F
CLE
Chloride
SM4500-CI E
CLESC
Chloride
SM4500 Cl- E
CL-T
Chloride - TRACCS
SM4500-CI B
CN
Cyanide
Hach 8027
CNM
Cyanide Modified
Hach 8027
CNMSM
Cyanide Modified Scan
Hach 8027SM
CO
Cobalt
EPA200.8
CO3
Carbonate as CaCO3
SM 4500-CO2D
COD
Chemical Oxygen Demand
HACH 8000
COLOR
Color - Rusty, Yellow, or Dirty
SM2120 B
COND
Conductivity
SM2510 B
CR
Chromium
EPA200.8
CRESOLS
Cresols
EPA625
CTETACHL
Carbon Tetrachloride
EPA624
CU
Copper
EPA200.8
D2ETYLAD
Di-(2-ethylhexyl)adipate
EPA525
D2ETYLPH
Di-(2-ethylhexyl)phthalate
EPA525
DAL
Dissolved Aluminum
EPA200.8
DALAPON
Dalapon
EPA522.2
DAS
Dissolved Arsenic
EPA200.7
DBAA
Dibromoacetic Acid
EPA522.2
DBAN
Dibromoacetonitrile
EPA551.1
DBENANTH
Dibenz(a,h)anthracene
EPA625
D-BHC
Delta-BHC
EPA608
DBRCLMET
Dibromochloromethane
EPA524
DCAA
Dichloroacetic Acid
EPA522.2
DCAN
Dichloroacetonitrile
EPA551.1
DCLFLMET
Dichlorofluoromethane
EPA624
DEMETNO
Demeton-O
EPA1657
DEMETNS
Demeton-S
EPA1657
DEMETONO
Demeton (0 and S)
EPA1657
DETPHTHA
Diehtyl phthalate
EPA625
DFE
Dissolved Iron
EPA200.7
DIAZINON
Diazinon
EPA8141
DIBRMETH
Dibromomethane
EPA524
DICL2
Dichloramines
SM4500-CI F
DICLDFME
Dichlorodifluoromethane
EPA524
DICOFOL
Dicofol
EPA 625
Attachment H: Test Methods
DIELDRIN
Dieldrin
EPA608
DIGALK
Digester Total Alkalinity
SM2320 B
-• DIGPH
pH
SM4500-H+ B
DIGTS%
Digester Total % Solids
SM2540 B
DIGVTS
Digester Volatile Total % Solids
SM 2540 G
DISULFTN
Disulfoton
EPA8141
DMTPHTHA
Dimethyl Phthalate
EPA625
DNBUPHTH
Di-n-butylphthalate
EPA625
DO
Dissolved Oxygen
SM4500-0 G
DOC
Dissolved Organic Carbon
SM 5310B
DOC415
Dissolved Organic Carbon
EPA 415.3
DOC415SM
Dissolved Organic Carbon Scan
EPA 415.3
DOCTPHTH
Di-n-octylphthalate
EPA625
DPO4
Dissolved Phosphorus
SM4500-P F
DWALK
Total Alkalinity
SM2320 B
DWBOD
Biochemical Oxygen Demand
SM 5210 B
DWCA
Calcium Hardness
SM3500 Ca D
DWCADMIUM
DWCadmium
EPA200.8
DWCHROMIUM
DWChromium
EPA200.8
DWCL
Chloride
SM4500-CI B
DWCNM
Cyanide Modified
Hach 8027SM
DWCOD
Chemical Oxygen Demand
HACH 8000
DWCOND
Conductivity
SM2510 B
DWCOPPER
DWCopper
EPA200.8
DWF300
Fluoride
EPA 300.0
DWFCOLI
Fecal Coliform
SM9222 D
DWHARD
Total Hardness
SM2340 C
DW IRON
DW Iron
EPA200.8
DWLEAD
DWLead
EPA200.8
DWMANGANESE
DWManganese
EPA200.8
DWNH3
Ammonia - Nitrogen
HACH 8038
DWNH3PRO
Ammonia - Nitrogen Probe
SM4500NH3 F
DWNH3SM
Ammonia - Nitrogen Screen Method
HACH 8038
DWNICKEL
DWNickel
EPA200.8
DW NO3
Nitrate
SM4500NO3D
DWNO3H
Nitrate Hach
HACH 8171
DWNO3T
Nitrate - TRAACS
SM4500NO3F
DWNO3-T
Nitrate - TRAACS
SM4500NO3F
DWOPO4-T
Ortho-Phosphorus TRAACS
SM4500-P F
DW PDCU
Copper
EPA200.8
DWPDPB
Lead
EPA200.8
DWPH
pH
SM4500-H+ B
DWS1O2SM
Dissolved Silica Screen Method
HACH 8185
DWSO4
Sulfate
SM4500-SO4 E
DWTCOLI
Total Coliform
SM9223
DWTCOLIQ
Total Coliform (QT)
SM9223
DWTDS
Total Dissolved Solids
SM2540 C
DWTDSPROBE
Total Dissolved Solids
SM1030 F
DWTPO4
Total Phosphorus
EPA 365.4
DWTSS
Total Suspended Solids
SM2540 D
DWTURB
Turbidity
SM2130 B
,. DWUV254
UV254
SM5910 B
10
H
Attachment H: Test Methods
DWZINC
DWZinc
EPA200.8
EBENZENE
Ethyl Benzene
EPA624
ECOLI
Ecoli
SM9223
ECOLIQ
EColi (QT)
SM9223
ENDOSUFI
Endosulfan I
EPA608
ENDOSUII
Endosulfan II
EPA608
ENDOSUSL
Endosulfan Sulfate
EPA608
ENDRIN
Endrin
EPA608
ENDRINAL
Endrin Aldehyde
EPA608
EPN
EPN
EPA8141
ETHION
Ethion
EPA8141
ETYLMETC
Ethyl Methacrylate
EPA624
F
Fluoride
SM4500 F C
F300
Fluoride
EPA 300.0
FCOLI
Fecal Coliform
SM9222 D
FE
Iron
EPA200.8
FIELDCL2
Field -Total Chlorine Residual
HACH DPD
FLUOATHN
Fluoranthene
EPA625
FLUOBENZ
Fluorobenzene
EPA524
FLUORENE
Fluorene
EPA625
FREECL2
Free Chlorine
SM4500-CI F
FREENH3
Free Ammonia - Nitrogen
SM4500NH3 F
FSS
Fixed Suspended Solids
SM209 D
G-BHC
Gamma-BHC
EPA608
H2S
Hydrogen Sulfide
SM4500-S2 D
HARD
Total Hardness
SM2340 C
HARD130
Total Hardness
EPA130.1
HARD130SM
Total Hardness Scan
SM2340 C
HARDSC
Total Hardness
EPA 130.1
HARDSM
Total Hardness Scan
SM2340 C
HARDSMSC
Total Hardness Scan smartchem
SM2340 C
HCO3
Bicarbonate as CaCO3
SM18th4500-CO2D
HEPTACHL
Heptachlor
EPA608
HEPTCLEP
Heptachlor Epoxide
EPA608
HEXCHBUT
Hexachlorobutadiene
EPA524
HEXCHCYP
Hexach lorocyclo pentad iene
EPA625
HG
Mercury
EPA 245.1
HGPPB
Mercury PPB
EPA 245.1
HPC
Heterotrophic Plate Count
SM9215 B
HXCLBENZ
Hexach loro benzene
EPA625
HXCLBUTA
Hexachlorobutadiene
EPA625
HXCLCPTD
Hexach lorocyclo pentad iene
EPA508
HXCLETHA
Hexachloroethane
EPA625
HXCLPH
Hexachlorophene
EPA625
1123PYRE
Indeo(1,2,3,c,d)pyrene
EPA625
ICFLUORIDE
IC Fluoride
EPA300.0
ICNITRATE
IC Nitrate
EPA300.0
ICNITRITE
IC Nitrite
EPA300.0
ICOPO4
IC Ortho-Phosphate
EPA300.0
ICSULFATE
IC Sulfate
EPA300.0
IODMETHN
lodomethane
EPA624
ISBTALCO
Isobutyl Alcohol
EPA624
ISOPHORO
ISOPROBN
K
MALTHION
MBAA
MBAS
MCAA
MEACNTLE
MEK
METCHLOR
METHOXYC
METOLCHL
METRBUZN
MEYLMETC
MG
MIREX
MLSS
MLVSS
MN
MO
MONOCL2
MPXYLENE
MTBE
NA
NAPHTHAL
NBUTBNZ
NH3
NI
NIBENZEN
NNISPROP
NNITBUT
NNITSETA
NNITSMTA
NNITSPHA
NO2
NO2353
NO2NO3
NO2SC
NO2SCNR
NO2-T
NO3SC
NO3-T
NPOC
NPROBNZ
O&G
Attachment H: Test Methods
Isophorone
Isopropylbenzene
Potassium
Malathion
Monobromoacetic Acid
Surfactants
Monochloroacetic Acid
Methacrylonitrile
Methyl Ethyl Ketone
Methylene Chloride
Methoxychlor
Metolachlor
Metribuzin
Methyl Methacrylate
Magnesium
Mirex
Total Suspended Solids-Areation
Vol. Suspended Solids-Areation
Manganese
Molydenum
Mono Chloramines
m,p-Xylene
MTBE
Sodium
Naphthalene
n-Butylbenzene
Ammonia - Nitrogen
Nickel
Nitrobenzene
n-Nitrosodi-n-propylam ine
N-Nitrosodi-n-butylamine
N-N itrosod iethyla m i ne
n-Nitrosodimethylamine
n-Nitrosodiphenyiamine
Nitrite
Nitrite
Nitrite + Nitrate
Nitrite
Nitrite Not Reportable
Nitrite - TRAACS
Nitrate
Nitrate - TRAACS
Non-Purgeable Organic Carbon
n-Propylbenzene
Oil & Grease Gravimetric
ODOR
Odor
OPO4
Ortho-Phosphate
OPO4300
Ortho-Phosphate
OPO4365
Ortho-Phosphate
OPO4SC
Ortho-Phosphate
OPO4-T
Ortho-Phosphorus TRAACS
OXYLENE
o-Xylene
EPA625
EPA524
EPA200.8
EPA8141
EPA522.2
SM5540C
EPA522.2
EPA624
EPA624
EPA624
EPA608
EPA508
EPA508
EPA624
EPA200.8
EPA 625
SM2540 G
SM2540 G
EPA200.8
EPA200.8
SM4500-CI F
EPA624
EPA 524.2 & 624
EPA200.8
EPA625
EPA524
SM4500NH3 D
EPA200.8
EPA625
EPA625
EPA625
EPA625
EPA625
EPA625
HACH 8507
EPA 353.2
SM4500-NO3-H
EPA 353.2
SM 4500-NO3-H
SM4500NO3F
SM4500-NO3-H
SM4500NO3F
EPA415.2
EPA524
EPA1664A
SM2170
HACH 8048
EPA 300.0
EPA 365
EPA 365.1
SM4500-P F
EPA624
iJ
as
04
i
Attachment H: Test Methods
PALK
Phenol Alkalinity
SM2320 B
PARAETHY
Parathion Ethyl
EPA8141
PARAMETH
Parathion Methyl
EPA8141
PB
Lead
EPA200.8
PC10
Partical Counts @ 10 Micron
SM2560 B
PC125
Partical Counts @ 12.5 Micron
SM2560 B
PC15
Partical Counts @ 15 Micron
SM2560 B
PC17
Partical Counts @ 17 Micron
SM2560 B
PC2
Partical Counts @ 2 Micron
SM2560 B
PC20
Partical Counts @ 20 Micron
SM2560 B
PC25
Partical Counts @ 25 Micron
SM2560 B
PC5
Partical Counts @ 5 Micron
SM2560 B
PCB1016
PCB-1016
EPA625
PCB1221
PCB-1221
EPA625
PCB1232
PCB-1232
EPA625
PCB1242
PCB-1242
EPA625
PCB1248
PCB-1248
EPA625
PCB1254
PCB-1254
EPA625
PCB1260
PCB-1260
EPA625
PENCHLBN
Pentachlorobenzene
EPA625
PENCHLPH
Pentachlorophenol
EPA625
PH
pH
SM4500-H+ B
PHENANTH
Phenanthrene
EPA625
PHENOL
Phenol
EPA625
PISPROTL
p-Isopropyltoluene
EPA524
PNCLETHN
Pentachloroethane
EPA624
PROMETON
Prometon
EPA508
PROPCHLR
Propachlor
EPA508
PROPNITL
Propionitrile
EPA624
PYRENE
Pyrene
EPA625
PYRIDINE
Pyridine
EPA625
QCTPO4
QC Spike
SM4500-P F
SAS
Soluble Arsenic
EPA206.2
SIB
Antimony
EPA200.8
SE
Selenium
EPA200.8
SECBUTBZ
sec-Buytlbenzene
EPA524
SETSOL
Settleable Solids
SM 2540 F
SGRAV
Specific Gravity
D1298-80
SGT-HEM
SGT-HEM; Non -polar Material
EPA1664A
SIMAZINE
Simazine
EPA508
S1O2
Dissolved Silica
SM 4500-Si E
SN
Tin
EPA200.8
SO4
Sulfate
SM4500-SO4 E
SO4300
Sulfate
EPA 300.0
SO4375
Sulfate
EPA375.4
SO4SC
Sulfate
EPA 375.4
SOURCE
Source Water
TOC-MOR
SPGRAV
Specific Gravity
D1298-80
SR
Strontium
EPA 200.8
STREP
Fecal Streptococcus
SM9230
STYRENE
Styrene
EPA624
SUVA
SUVA
TOC-MOR
M
Attachment H: Test Methods
T12DCLET
trans-1,2-Dichloroethene
EPA624
T13DCLPR
trans-1,3-Dichloropropene
EPA624
T14DCL2B
trans-1,4-Dichloro-2-Butene
EPA624
TASTE
Taste
SM2170
TBAA
Tribromoacetic Acid
EPA522.2
TCAA
Trichloroacetic Acid
EPA522.2
TCAN
Trichloroacetonitrile
EPA551.1
TCHLETHE
Trichloroethene
EPA624
TCLETHEN
Tetrachloroethene
EPA624
TCLETHLN
Tetrachloroethylene
EPA624
TCLFLMET
Trichlorofluoromethane
EPA624
TCOLI
Total Coliform
SM9223
TCOLIM
Total Coliform
SM9222 B
TCOLIQ
Total Coliform (QT)
SM9223 B
TCOLITCEQ
Total Coliform
SM9223
TDS
Total Dissolved Solids
SM2540 C
TDSCALC
Calculated Total Dissolved Solids
SM2540 C
TDSPROBE
Total Dissolved Solids
SM1030 E
TEMP
Temperature
SM2550 B
TERBUTBZ
tert-Butyl benzene
EPA524
THM
THMs
EPA524.2
TI
Titanium
EPA200.8
TKN
Total Kjeldahl Nitrogen
EPA 351.2
TKNSC
Total Kjeldahl Nitrogen
EPA 351.2
TL
Thallium
EPA200.8
TL_W
Thallium
EPA200.8
TOC
Total Organic Carbon
SM 5310B
TOC415
Total Organic Carbon
EPA 415.3
TOC415SM
Total Organic Carbon Scan
EPA 415.3
TOCSM
Total Organic Carbon Screen
SM5310B
TOH
Total Organic Halide
EPA450.1
TOLUENE
Toluene
EPA624
TOX
Total Organic Halides
SM5320 B
TOXAPHEN
Toxaphene
EPA608
TPO4
Total Phosphorus
EPA 365.4
TPO4SC
Total Phosphorus
EPA 365.4
TRIFLULN
Trifluralin
EPA508
TS
Total Solids
SM2540 B
TS%
Total % Solids Modified
SM 2540 GM
TS%SLUDGE
Total Solids %
SM 2540 G
TSS
Total Suspended Solids
SM2540 D
TSS2
Aeration Total Susp Solids
SM2540 D
TSSFIX
Total Suspended Solids Fixed
SM 2540 E
TTHM
Total THMs
EPA624
TURB
Turbidity
SM2130 B
TURBSM
Turbidity Scan
SM2130 B
TURBSMSC
Turbidity Scan smartchem
SM2130 B
UV254
UV254
SM5910 B
UV254SM
UV254 Scan
SM5910 B
UV254SMSC
UV254 Scan for smartchem
SM5910 B
V
Vanadium
EPA 200.8
VACETATE
Vinyl Acetate
EPA624
Attachment H: Test Methods
VCDO
Dissolved Oxygen Grab
VCOP
VCHLORID
Vinyl Chloride
EPA624
VOLACID
Volatile Acids
SM5560 C
VOLTS
Volatile Total Solids
SM 2540 E
VOLTSS
Volatile Total Suspended Solids
SM 2540 E
VS%SLUDGE
Volatile Solids %
SM 2540 G
VSS
Volatile Suspended Solids
SM 2540 E
VTS
Volatile Total % Solids
SM 2540 G
VTSS
Volatile % Suspended Solids
SM2540 E
' VTSS2
Aeration Vol % Susp Solids
SM2540 E
VTSS3
Aeration Susp Solids
SM2540 E
WCL2
Field Chlorine Residual
HACH 8167
WCL2CUST
Chlorine Residual
SM4500-CI G
WFREECL2
Free Chlorine
SM4500-CI G
WNH3
Field Ammonia
HACH 10031
WNO2
Field Nitrite
HACH 8507
WPH
Field pH
SM4500-H+ B
WTEMP
Field Temperature
SM2550 B
WWALUMINUM
WWAluminum
EPA200.8
W WANTIMONY
W WAntimony
EPA200.8
WWARSENIC
WWArsenic
EPA200.8
W W BARI UM
W W Barium
EPA200.8
WWBERYLLIUM
WWBeryllium
EPA200.8
WWCADMIUM
wwCadmium
EPA 200.8
WWCBOD
Carbonaceous BOD
SM 5210 B
WWCHROMIUM
WWChromium
EPA200.8
W W COBALT
W W Cobalt
EPA 200.8
WWCOD
Chemical Oxygen Demand
HACH 8000
WWCODFIL
Chemical Oxygen Demand - Soluble
HACH 8000
W W COPPER
W W Copper
EPA200.8
WWECOLIQ
EColi (QT)
SM 9223
WWFCOLI
Fecal Coliform
SM9222 D
- WWIRON
WWlron
EPA200.8
W WLEAD
W W Lead
EPA200.8
WWMAGNESIUM
WWMagnesium
EPA200.8
WWMANGANESE
WWManganese
EPA200.8
W W MOLYBDENUM
W W Molydenum
EPA200.8
WWNH3PRO
Ammonia - Nitrogen Probe
SM4500NH3 F
W W NICKEL
W W Nickel
EPA200.8
WWOPO4300
Ortho-Phosphate
EPA 300.0
WWPH
pH
SM4500-H+ B
W W POTASSI UM
W W Potassium
EPA200.8
WWSELENIUM
WWSelenium
EPA200.8
WWSILVER
WWSilver
EPA200.8
WWSODIUM
WWSodium
EPA200.8
WWSTRONTIUM
WWStrontium
EPA 200.8
WWTCOLI
Total Coliform
SM9223
WWTCOLIQ
Total Coliform (QT)
SM9223 B
• WWTHALLIUM
WWThallium
EPA200.8
WWTIN
WWTin
EPA200.8
W WTITANIUM
W WTitanium
EPA200.8
�,, WWTOC
Total Organic Carbon
SM 5310B
Attachment H: Test Methods
WWTOC415
Total Organic Carbon
EPA 415.3
WWTPO4
Total Phosphorus
EPA 365.4
WWTPO4SC
Total Phosphorus
EPA 365.4
WWTPO4SOL
Total Phosphorus - Soluble
EPA 365.4
WWTURB
Turbidity
SM2130 B
WWVANADIUM
WWVanadium
EPA 200.8
WWZINC
WWZinc
EPA 200.8
XYLENE
Xylenes
EPA624
XYLENES
Xylenes
EPA624
ZN
Zinc
EPA 200.8
ATTACHMENT I — REPORT CUSTOMIZATION
so
This attachment describes any custom internal operations/management reports and
external final data reports that must be delivered by ChemWare as part of the
implementation, beyond the standard suite of laboratory reports delivered with
HORIZON Report Manager -Actuate.
If custom reports are not specifically identified in the scope of work, the City will modify
the off -the -shelf reports provided with the HRM-Actuate suite, or develop their own
reports using the tools and training provided by ChemWare. Should the City wish to
„ contract with ChemWare to develop additional custom reports these services can be
ordered at any time.
ChemWare is including report development tools so that the City can develop custom
reports to meet future laboratory requirements.
The following table outlines the reports specified by the City to be delivered along with
an annotation indicating whether it is a new report, a modification to an existing report or
an off -the -shelf report:
Analytical Report —WQI Mod
Analytical Report —Standard Version Mod
a Bacteriological Monthly Report) Mod
Bacteriological Report to Engineering Mod
D2 Sheet New
DMR New
Exception Report New
Invoice OTS
Micro BenchSheet Form Mod
Monthly Distribution Report to TCEQ Mod
Monthly TOC Removal Report New
NELAC Report Req N/A
Sample Receipt Mod
= TOCMOR v9 (RG-379 (TOCMOR instructions).pdf New
includes instructions for this report)
TOCMORv4 (example) New
Tracking Sheets OTS ,
Water Quality Report New
WQI Report Mod
Attechmeut_I_Report Customvatioos.doc Page I of 3
Rev. 2/2/2010
ATTACHMENT I — REPORT CUSTOMIZATION
Off -the -Shelf Reports
The following is a listing of off -the -shelf reports delivered with HORIZON. The
HORIZON Reports Administrator and User Guides provide information on each report.
a
Batch
Quality control review
~'
Worklist
Download format a (HORIZON to analytical instrument download file)
Chain of Custodv
_
External transfer chain of custody
Internal transfer chain of custody
Test request
Container disposal
Workflow
Audit log
Backlog by queue
Backlog summary
Bottle order shipping form
Daily sample count
Inventory reconciliation
Letter of receipt
Standards expiration
Turnaround by queue
+
Workorder backlog
Final Renort
Client export file
Environmental Final
Sample
Data Sheet
Inquiry
Sample History
Attachment_I_Report Customizations.doc Page 2 of 3 Rev. 2/2/2010
ATTACHMENT I — REPORT CUSTOMIZATION
Financial
Backlog dollar value
Invoice
Laboratory financial status summary
Preliminary workorder billables
Quote
Revenues & profits
Samples received dollar value
Management (Dashboard)
Backlog map
i
Condition codes summary
Currently due
Currently due schedules
Reanalysis summary
Top accounts
Top workorders
Mod
Sample
Data sheet
History
Inquiry
Letter of receipt
Information Object
Sample Inquiry (ad -hoc)
_
Utilities
Acode catalog
Email password
Web delivery daemon
Web replication daemon
Web upload daemon
Attachment_I_Report Cbstomizatioos.doc Page 3 of 3 Rev. 2/2/2010
NETWORK ACCESS AGREEMENT
This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a home rule municipal corporation with its principal
location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of
Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and ChemWare with its
principal location at 900 Ridgefield Drive, Suite 150, Raleigh NC 27609, ("Contractor").
1. The Network. The City owns and operates a computing environment and network (collectively
the "Network"). Contractor wishes to access the City's network in order to provide HORIZON LIMS
software installation services, configuration services and remote diagnostic and troubleshooting services.
In order to provide the necessary support, Contractor needs access to the City's internet and intranet.
2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's
Network for the sole purpose of providing HORIZON LIMS software installation services, configuration
services and remote diagnostic and troubleshooting services. Such access is granted subject to the
terms and conditions forth in this Agreement and applicable provisions of the City's Administrative
Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions
are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are
available upon request.
3. Network Credentials. The City will provide Contractor with Network Credentials consisting of
user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor.
Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being
granted for purposes of completing services for the City pursuant to a separate contract, then, this
Agreement will expire at the completion of the contracted services, or upon termination of the contracted
services, whichever occurs first. Services are being provided in accordance with City Secretary Contract
No.
4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed
annually if the following conditions are met:
4.1 Contracted services have not been completed.
no 4.2 Contracted services have not been terminated.
4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the
Contractor has provided the City with a current list of its officers, agents, servants, employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall
provide the City with a current list of officers, agents, servants, employees or representatives that require
Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of
access to the Network and/or termination of this Agreement.
5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may
not share the City -assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives
its authorization to the City to monitor Contractor's use of the City's Network in order to ensure
Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants,
-• employees or representatives, of this Agreement and any other written instructions or guidelines that the
City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny
Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other
remedies that the City may have under this Agreement or at law or in equity.
6. Termination. In addition to the other rights of termination set forth herein, the City may terminate
this Agreement at any time and for any reason with or without notice, and without penalty to the City.
Upon termination of this Agreement, Contractor agrees to remove entirely any client or communications
Vendor Network Access Agreement Rev. 12/10/2009
no
no
software provided by the City from all computing equipment used and owned by the Contractor, its
officers, agents, servants, employees and/or representatives to access the City's Network.
7. Information Securitv. Contractor agrees to make every reasonable effort in accordance with
accepted security practices to protect the Network credentials and access methods provided by the City
from unauthorized disclosure and use. Contractor agrees to notify the City immediately upon discovery of
a breach or threat of breach which could compromise the integrity of the City's Network, including but not
limited to, theft of Contractor -owned equipment that contains City -provided access software, termination
or resignation of officers, agents, servants, employees or representatives with access to City -provided
Network credentials, and unauthorized use or sharing of Network credentials.
8. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE
FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF
THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR
ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS
TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS
AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR
ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR
SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND
JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS,
SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR
EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM,
LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE
NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. Confidential Information. Contractor, for itself and its officers, agents, employees, and
representatives, agrees that it shall treat all information provided to it by the City as confidential and shall
not disclose any such information to a third party without the prior written approval of the City. Contractor
further agrees that it shall store and maintain City Information in a secure manner and shall not allow
unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor
shall notify the City immediately if the security or integrity of any City information has been compromised
or is believed to have been compromised.
10. Riaht to Audit. Contractor agrees that the City shall, during the initial term, any renewal terms,
and until the expiration of three (3) years after termination or expiration of this contract, have access to
and the right to examine at reasonable times any directly pertinent books, data, documents, papers and
records, both hard copy and electronic, of the Contractor involving transactions relating to this
Agreement. Contractor agrees that the City shall have access during normal working hours to all
necessary Contractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The City shall give Contractor
reasonable advance notice of intended audits. Contractor further agrees to include in all its
subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City
shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination
or expiration of the subcontract, have access to and the right to examine at reasonable times any
directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such
subcontractor involving transactions related to the subcontract, and further that City shall have access
during normal working hours to all subcontractor facilities and shall be provided adequate and
appropriate work space in order to conduct audits in compliance with the provisions of this paragraph.
City shall give subcontractor reasonable notice of intended audits.
Vendor Network Access Agreement 2
ChemWare Rev. 12/10/2009
no
11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written
contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This
Agreement and any other documents incorporated herein by reference constitute the entire
understanding and Agreement between the City and Contractor as to the matters contained herein
regarding Contractor's access to and use of the City's Network.
12. Amendments. The terms of this Agreement shall not be waived, altered, modified,
supplemented, or amended in any manner except by written instrument signed by an authorized
representative of both the City and Contractor.
13. Assignment. Contractor may not assign or in any way transfer any of its interest in this
Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void.
•• 14. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including, but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar causes.
` 16. Governinq Law / Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
17. Signature Authoritv. The signature below of an authorized representative acknowledges that the
Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein.
ACCEPTED AND AGREED:
CITY OF FORT WORTH::
By:
' ACM Name
Assistant Ci Njanager
Date.. ////d
AT I.E T:
By:
Marty Hendrix
City Secretary
APPROVED AS;TO FORM AND LEGALITY,
B .O4� p `� d Assistant City Attorney
M & C: none required
Vendor Network Access Agreement
woo ChemWare
CHEMWARE, INC:
By: /�1''f'�_
`FlZ1ame: / %, W, "
Title: VP1
Date: Z/ 2./Z a i o
i
ATTEST:
By:
VF-
75ont:ract AuthorizatiOA
Date Rev. 12/ 10/2009