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HomeMy WebLinkAboutContract 58381 CSC No. 58381 FORT WORTH. Nlr,o�� LABORATORY ANALYTICAL SERVICES AGREEMENT This LABORATORY ANALYTICAL SERVICES AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and EUROFINS ENVIRONMENTAL TESTING SOUTH CENTRAL, LLC ("Contractor"), a Delaware Limited Liability Company and acting by and through its duly authorized representative,each individually referred to as a"party"and collectively referred to as the"parties." Definitions. Task Order means an officially authorized and executed written description and specification (Chain of Custody Form) directing the Contractor to perform specific services within the scope of this Agreement, issued by the City. 1. Scope of Services. Services under this Agreement include labor,materials and equipment necessary to provide laboratory analytical services for bulk building material samples("Services"),which are set forth in more detail in Exhibit"A,"attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on October 28, 2022 ("Effective Date") and expires on October 27,2023 ("Expiration Date"),unless terminated earlier in accordance with this Agreement("Initial Term"). City will have the option,in its sole discretion,to renew this Agreement under the same terms and conditions,for up to four(4)one-year renewal options(each a"Renewal Term"). 3. Compensation. City will pay Contractor in accordance with the provisions of this Agreement,including Exhibit`B,"which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed One Hundred Thousand Dollars and 00/100 ($100,000.00). Contractor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. Individual projects will be authorized on a case-by-case basis when the City or City-approved environmental contractor elects to proceed with each specific effort by submitting samples and associated Chain of Custody documentation. City shall not pay for any work performed by Contractor or its contractors, subcontractors, or suppliers that has not been specifically ordered by the City in writing on a duly executed Task Order. Contractor shall not be compensated for any work that is verbally ordered by any person and shall rely only upon written Task Orders.City will not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. THERE IS NO MINIMUM GUARANTEE OF ANY WORK UNDER THIS AGREEMENT. 4. Invoice and Payment. City will issue a Task Order to Contractor that details the work to be performed by the Contractor. The Contractor shall provide monthly invoices to the City. All invoices must reflect the Task Order number. Invoices shall contain a detailed breakdown to include: labor OFFICIAL RECORD Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC CITY SECRETARY Page 1 of 18 FT. WORTH, TX including employee name,functional title,date and hours of work performed;internal supplies and services provided; and external supplies and services provided. Payment for services rendered shall be due within thirty(30)days of the uncontested performance of the particular services so ordered and receipt by City of Contractor's invoice for payment of same. In the event of a disputed or contested billing,only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. The Contractor shall also provide the City with quarterly updates showing the total and itemized costs incurred to the City for each task ordered and the amount remaining in the contract not-to-exceed amount. Contractor shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the Contractor are caused by the City's gross negligence. 5. Termination. 5.1. Written Notice. City may terminate this Agreement at any time and for any reason by providing the Contractor with written notice of termination. Contractor may terminate this Agreement at any time for any reason by providing the City with thirty(30)days'written notice of termination. 5.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 5.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Contractor for services actually rendered up to the effective date of termination and Contractor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,Contractor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform services hereunder, Contractor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 6. Disclosure of Conflicts and Confidential Information. 6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement.In the event that any conflicts of interest arise after the Effective Date of this Agreement,Contractor hereby agrees immediately to make full disclosure to City in writing. 6.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 2 of 18 6.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act.In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 6.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access,modify,delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised,in which event,Contractor will,in good faith,use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 7. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records,including,but not limited to,all electronic records,of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 8. Reserved. 9. Independent Contractor. It is expressly understood and agreed that Contractor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will 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. Contractor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,servants,employees,contractors,or subcontractors. Neither Contractor,nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. 10. Liability and Indemnification. 10.1 LIABILITY- CONTRACTOR WILL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR 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 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 3 of 18 CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS, AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS(INCL UDINGALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS A GREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 10.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so.In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Contractor's duty to indemnify City under this Agreement.If the software and/or documentation or any part thereof is 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, Contractor will, at its own expense and as City's sole remedy, either: (a)procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to City; or(d)if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 10.4 ENVIRONMENTAL INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS, RELEASE, REIMBURSE,AND DEFEND, THE CITY, ITS Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 4 of 18 OFFICERS,AGENTS,AND EMPLOYEES AGAINST ANY AND ALL: (A)ENVIRONMENTAL DAMAGES, AS DEFINED HEREIN, THAT ARE RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES(INCLUDING STRICT LIABILITY)B Y ANY PERSONS,AND(B) VIOLATIONS, ALLEGED VIOLATIONS, SUITS, OR CLAIMS RELATED TO ANY ENVIRONMENTAL REQUIREMENTS AS DEFINED HEREIN, INCLUDING ANY ACTS, OMISSIONS, OR LIABILITIES(INCLUDING STRICT LIABILITY)B Y ANY PERSONS. 11. Assignment and Subcontracting. 11.1 Assignment. Contractor will not assign or subcontract any of its duties,obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment,the assignee will execute a written agreement with City and Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor will be liable for all obligations of Contractor under this Agreement prior to the effective date of the assignment. 11.2 Subcontract. If City grants consent to a subcontract,the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 12. Insurance. Contractor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 12.1 Coverage and Limits (a) Commercial General Liability: $1,000,000- Each Occurrence $2,000,000- Aggregate (b) Automobile Liability: $1,000,000- Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle"will be any vehicle owned,hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000- Bodily Injury by accident; each accident/occurrence Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 5 of 18 $100,000- Bodily Injury by disease; each employee $500,000- Bodily Injury by disease;policy limit (d) Environmental Impairment Liability("EIL")and Pollution Liability: $4,000,000- Each Claim Limit $4,000,000- Aggregate Limit EIL coverage must be included in policies listed in subsection(a) above; or, such insurance shall be provided under separate policies.Liability for damage occurring while loading,unloading and transporting materials collected under the Agreement shall be included under the Automobile Liability insurance or other policies. ANY POLLUTION EXPOSURE, INCLUDING ENVIRONMENTAL IMPAIRMENT LIABILITY, ASSOCIATED WITH THE SERVICES AND OPERATIONS PERFORMED UNDER THIS AGREEMENT SHALL BE COVERED; IN ADDITION TO SUDDEN AND ACCIDENTAL CONTAMINATION OR POLLUTION, LIABILITY FOR GRADUAL RELEASES, SPILLS,OR EMISSIONS AND ALL CLEAN-UP COSTS SHALL BE COVERED. (e) Professional Liability(Errors&Omissions): ❑Applicable ❑N/A $1,000,000- Each Claim Limit $1,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must 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 must be submitted to City to evidence coverage. 12.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees,officers,officials,agents,and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery)in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium.Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 6 of 18 (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 City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 13. Compliance with Laws, Ordinances,Rules and Regulations. Contractor agrees that in the performance of its obligations hereunder,it will comply with all applicable federal,state and local laws, ordinances,rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances, rules or regulations, Contractor must immediately desist from and correct the violation. 14. Licenses and Permits. Contractor certifies and warrants that on the day any work is to commence under this Agreement and during the duration of the Agreement it shall have and maintain all of the current,valid,and appropriate federal,state,and local licenses and permits necessary for the provision of services under this Agreement. Contractor also certifies that if it uses any subcontractor in the performance of this Agreement, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this Agreement. 15. Non-Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will 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 CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 16. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees,servants or representatives,or(2)received by the other party by United States Mail,registered, return receipt requested, addressed as follows: Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 7 of 18 To CITY: To CONTRACTOR: City of Fort Worth Eurofins Environmental Testing South Central, Attn: Julianne Ragland,Environmental Manager LLC Code Compliance Department Attn: Alejandro Montoya,President Environmental Management Division 9701 Harry Hines Boulevard 200 Texas Street Dallas,Texas 75220-5441 Fort Worth,TX 76102-6314 With copy to Fort Worth City Attorney's Office at same address 17. Solicitation of Employees. Neither City nor Contractor will, 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. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 18. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 19. No Waiver. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 20. Governine Law/Venue. This Agreement will 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 pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 22. Force Majeure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems;restraints or prohibitions by any court,board,department,commission,or agency of the United States or of any States;civil disturbances;other national or regional emergencies;or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected(collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 8 of 18 Event,with the reasonableness of such notice to be determined by the City in its sole discretion.The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 23. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 24. 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 will not be employed in the interpretation of this Agreement or Exhibits A and B. 25. Amendments/Modifications /Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 26. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute one and the same instrument. 27. Warranty of Services. Contractor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty(30)days from the date that the services are completed.In such event,at Contractor's option,Contractor will either(a)use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or(b) refund the fees paid by City to Contractor for the nonconforming services. 28. Immigration Nationality Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement,including completing the Employment Eligibility Verification Form(I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 29. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers,procedures, guides, and documentation that are created,published, displayed, or produced in conjunction with the services provided under this Agreement(collectively,"Work Product"). Further,City will be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from the date of conception, creation or fixation of the Work Product in a tangible medium of expression (whichever occurs first).Each copyrightable aspect of the Work Product will be considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof,is not considered a"work-made-for-hire"within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 9 of 18 secret, and all other proprietary rights therein,that City may have or obtain,without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 30. Signature Authority. The person signing this Agreement hereby warrants that they have 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. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 31. Change in Company Name or Ownership. Contractor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9,documents filed with the state indicating such change,copy of the board of director's resolution approving the action,or an executed merger or acquisition agreement.Failure to provide the specified documentation so may adversely impact future invoice payments. 32. No Boycott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. 33. Prohibition on Bovcottine Eneray Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code,as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and(2)will not boycott energy companies during the term of this Agreement. 34. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 10 of 18 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 35. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions (e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via software such as Adobe Sign. 36. Entirety of Agreement. This Agreement contains the entire understanding and agreement between City and Contractor, 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. 37. Default. If Contractor fails to begin work or to complete work within the time specified in a Task Order, City shall have the right to take charge of and complete the work in such a manner as it deems appropriate. If the City exceeds the costs detailed herein or in the Task Order, City may deliver to Contractor a written itemized statement of the excess costs and Contractor shall reimburse the City for such excess costs without delay. If at any time during the terms of this Agreement, the work of the Contractor fails to meet the specifications of this Agreement or to meet the standards of duty,care,or proficiency of a reasonable and competent Contractor, City may notify the Contractor of the deficiency in writing. Failure of the Contractor to correct such deficiency and complete the work required under this Agreement or a Task Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this Agreement. Contractor shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the Contractor and without any fault or negligence by the Contractor. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. (signature page follows) Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 11 of 18 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and By: Valerie,Washington(Nov 3,202210:26 CDT) reporting requirements. Name: Valerie Washington Title: Assistant City Manager Date: Nov 3, 2022 By: roger gran (Nov 1,202216:22 CDT) Name: Roger Grantham APPROVAL RECOMMENDED: Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: By: Juli Ragland(Nov 02216:32 CDT) Name: Julianne Ragland Title: Environmental Program Manager By. ap�4FORt�° Name: Matthew A.Murray ATTEST: °°°kood �,,°�°°°°°° � Title: Assistant City Attorney Pvo 0=0 CONTRACT AUTHORIZATION: Tann�e S. Gaadall aaIl�hEZASop� M&C:N/A By: JannetteS.Goodall(Nov3,202213:43CDT) Form 1295•N/A Name: Jannette S. Goodall Title: City Secretary CONTRACTOR: Eurofins Environmental Testing South Central,LLC OFFICIAL RECORD By: * 4 CITY SECRETARY Name: Alejandro Montoya Title: President FT. WORTH, TX Date: Nov 1, 2022 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 12 of 18 EXHIBIT A SCOPE OF SERVICES Contractor shall provide laboratory analytical services of bulk building material samples and will provide all labor,materials and equipment necessary for such analysis. The types of analytical services to be performed by the Contractor, upon the request of the City, shall include at a minimum those listed in the Request for Proposals (ENV 22-06: LAB) and the Contractor's submitted proposal. Contractor shall provide each type of test and each type of test method specified in Attachment B. Work performed under this contract may be subcontracted only as specified in the contract documents. Contractor or support laboratory shall provide alternate or additional procedures as requested by the City if such request is reasonably available. All work performed by the Contractor shall be in accordance with the specifications described in the Request for Proposals and the Contractor's proposal (which are incorporated herein as enforceable conditions of this contract)including but not limited to sample handling,analysis,quality assurance/quality control,chain of custody,documentation, and reporting. Contractor will provide all sample containers, preservatives, chain of custody forms and seals, and returnable shipping containers, in addition to providing pick-up and delivery services for the containers/samples at no additional charge to the City. All handling instructions and chain-of-custody protocols shall be in accordance with all federal and state regulatory requirements for laboratory methods and quality assurance. Disposal of samples shall be the responsibility of the laboratory and shall be in accordance with all federal and state regulatory requirements. Analytical results requested at a Standard Turn-Around-Time(TAT)must be returned to the city within ten (10)business days after receipt of sample(s). Analytical results requested at a Rush TAT must be returned to the city within three (3) calendar days after receipt of sample(s). Analytical results requested at an Emergency TAT must be returned to the city within twenty-four(24)hours after receipt of sample(s). Provider shall procure all permits and licenses, pay all charges, costs, and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Contractor agrees that it has and will maintain during the term of this Contract, current and appropriate federal, state,and local licenses and permits to perform the services contained in this Contract. In addition, Contractor agrees to require any of its subcontractors used to perform this Contract to have and maintain current and appropriate federal, state and local licenses and permits to perform this Contract. Contractor shall be responsible for legal and proper disposal of all samples and wastes, shall assume all liability for all damages resulting from any accident,negligence,or intentional act or tort by the contractor, its employees, its subcontractors, agents, and assigns and shall indemnify the City in accordance with the terms of the contract. Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 13 of 18 EXHIBIT B FEE SCHEDULE Prices for professional services rendered under this Agreement will be as specified in Table 1 and Table 2 below and are the total price agreed for the tests and services enumerated including all labor, equipment, and materials necessary to perform the service. The total fee for services under this Agreement shall not exceed One Hundred Thousand Dollars and 00/100($100,000.00). Table of Pricing Located on the Following Pages Remainder of Page Intentionally Left Blank Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 14 of 18 Table 1 Pricing FY 2023 October 14,2022 Item Digestion Unit Price Number Test and Method Filtration 7 day 3 day 24 Hour Petroleum 1 BTEX(EPA 8021B) $ 30.00 $ 43.50 $ 60.00 2 BTEX(EPA 8260) $ 30.00 $ 43.50 $ 60.00 3 BTEX&MTBE(EPA 8021B) $ 32.00 $ 46.40 $ 64.00 4 BTEX&MTBE(EPA 8260) $ 32.00 $ 46.40 $ 64.00 5 Ethylene Glycol $ 65.00 $ 94.25 $ 130.00 6 MTBE(8021B) $ 30.00 $ 43.50 $ 60.00 7 MTBE(8260) $ 30.00 $ 43.50 $ 60.00 8 TPH(TX 1005) $ 45.00 $ 65.25 $ 90.00 9 TPH(TX 1006) $ 125.00 $ 181.25 $ 250.00 10 TPH(EPA8015 DRO/GRO) $ 55.00 $ 79.75 $ 110.00 11 PAH(EPA 8310) $ 90.00 $ 130.50 $ 180.00 12 PAH(EPA 8270) $ 80.00 $ 116.00 $ 160.00 13 TCLP/SPLP PAH $ 105.00 $ 152.25 $ 210.00 14 Oil&Grease(EPA1664) $ 50.00 $ 72.50 $ 100.00 15 PCBs in oil(EPA8082) $ 50.00 $ 72.50 $ 100.00 16 PCBs in soil/water(EPA8082) $ 55.00 $ 79.75 $ 110.00 17 TCLP/SPLP Benzene (EPA 1311/1312/8020) $ 60.00 $ 87.00 $ 120.00 18 TCLP/SPLP Benzene (EPA 1311/1312/8260) $ 60.00 $ 87.00 $ 120.00 Organics 19 Pesticides, Chlorinated (EPA 8081) $ 85.00 $ 123.25 $ 170.00 20 TCLP/SPLP Pesticides (EPA 1311/1312/8081) $ 115.00 $ 166.75 $ 230.00 21 Pesticides, Organophosphorus (EPA 8141) $ 115.00 $ 166.75 $ 230.00 22 Herbicides (EPA 8151) $ 115.00 $ 166.75 $ 230.00 23 Volatiles,VOCs(EPA 8260B) $ 65.00 $ 94.25 $ 130.00 24 TCLP/SPLP VOCs (EPA 1311/1312/8260B) $ 90.00 $ 130.50 $ 180.00 25 Semi Volatiles,SVOCs(EPA 8270) $ 145.00 $ 210.25 $ 290.00 26 TCLP/SPLP SVOCs EPA(1311/1312/8270) $ 175.00 $ 253.75 $ 350.00 TCLP/SPLP Full (pesticides, herbicides,VOC, SVOC, & Metals) 27 $ 520.00 $ 910.00 NA 28 Acid Extractable(EPA 625/8270C) $ 75.00 $ 108.75 $ 150.00 29 Base/Neutral Extractable (EPA 625/8270C) 1 $ 75.00 j $ 108.75 j $ 150.00 Metals(specify 6010 or 6020-if both available,provide cost of each,if different) TCLP/SPLP 8 RCRA Metals 30 (EPA 1311/1312/6010B/6020) $ 95.00 $ 137.75 $ 190.00 31 TCLP/SPLP 13 PP Metals(EPA 1311/1312/6010B/6020) $ 105.00 $ 152.25 $ 210.00 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 15 of 18 32 TCLP/SPLP,one metal(EPA 1311/1312/6010B/6020) $ 50.00 $ 72.50 $ 100.00 33 Total 8 RCRA Metals(EPA 601013/6020) $ 65.00 $ 94.25 $ 130.00 34 Total 13 PP Metals(EPA6010/6020) $ 75.00 $ 108.75 $ 150.00 35 Aluminum (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 36 Antimony (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 37 Arsenic(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 38 Barium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 39 Beryllium ((EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 40 Boron(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 41 Cadmium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 42 Calcium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 43 Chromium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 44 Chromium VI(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 45 Cobalt(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 46 Copper(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 47 Iron(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 48 Lead(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 49 Magnesium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 50 Manganese (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 51 Mercury(EPA 7470/7471) $ 20.00 $ 29.00 $ 40.00 52 Molybdenum (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 53 Nickel(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 54 Potassium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 55 Selenium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 56 Silver(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 57 Sodium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 58 Thallium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 59 Tin(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 60 Titanium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 61 Vanadium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 62 Zinc(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 63 Metal Digestion per required digestion(EPA 3010,1050) $ 10.00 $ 14.50 $ 20.00 Hazardous Waste 64 TOX(SW 846:9020B or 9022) $ 100.00 $ 145.00 $ 200.00 65 RCI(SW846 Various Methods) $ 90.00 $ 130.50 $ 180.00 66 Corrosive,Steel(EPA 1110) $ 25.00 $ 36.25 $ 50.00 67 Corrosive,pH(EPA 9045) $ 10.00 $ 14.50 $ 20.00 68 Reactivity, Cyanide (EPA 9010) $ 30.00 $ 43.50 $ 60.00 69 Reactivity, Sulfide (EPA 9030) $ 30.00 $ 43.50 $ 60.00 70 pH(EPA9040B) $ 10.00 $ 14.50 $ 20.00 71 Ignitability(Flash Point) by SW 1010 $ 20.00 $ 29.00 $ 40.00 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 16 of 18 72 Paint Filter(EPA 9095) $ 10.00 1 $ 14.50 $ 20.00 73 BTU $ 75.00 1 $ 108.75 $ 150.00 Drinking/Waste Water/Surface Water (specify 200.7 or 200.8-if both available,provide cost of each,if different) 74 Total Organic Carbon(EPA413.1) $ 25.00 $ 36.25 $ 50.00 75 Alkalinity,Total(EPA 305.1) $ 20.00 $ 29.00 $ 40.00 76 BOD(EPA 405/Std Meth 521013) $ 30.00 $ 43.50 $ 60.00 77 Chloride(EPA 300.0 or Std Method 4500CIB) $ 15.00 $ 21.75 $ 30.00 78 COD(EPA 410.4) $ 20.00 $ 29.00 $ 40.00 79 Corrosivity,pH(EPA 150.1) $ 12.00 $ 17.40 $ 24.00 80 Carbaryl(EPA 531.1/553/632) $ 100.00 $ 145.00 $ 200.00 81 Diazinon(EPA 1657)* substitute 525.5 $ 200.00 $ 290.00 $ 400.00 82 E soli,MPN $ 35.00 $ 50.75 $ 70.00 83 Fecal Coliform(Std Method 9221 E) $ 35.00 $ 50.75 $ 70.00 84 Fecal Streptococcus (Std Method 9230 C) $ 40.00 $ 58.00 $ 80.00 85 Hardness,Total as CaCO3(Std Method 2340 B or C) $ 25.00 $ 36.25 $ 50.00 86 Nitrogen, Ammonia (EPA 350.2) $ 20.00 $ 29.00 $ 40.00 87 Nitrogen,Nitrate+Nitrite(EPA 353.3) $ 20.00 $ 29.00 $ 40.00 88 Nitrogen,Total Kjeldahl(EPA 351.3) $ 27.00 $ 39.15 $ 54.00 89 Nitrogen,Total(EPA 300) $ 30.00 $ 43.50 $ 60.00 90 Phosphorus,Total (EPA 365.3) $ 20.00 $ 29.00 $ 40.00 91 Phosphorus, Dissolved (EPA 365.2) $ 22.00 $ 31.90 $ 44.00 92 Solids,Total Dissolved-TDS(EPA 160.1) $ 17.00 $ 24.65 $ 34.00 93 Solids,Total Suspended-TSS(EPA 160.2) $ 17.00 $ 24.65 $ 34.00 94 Solids,Total(EPA 160.3) $ 12.00 $ 17.40 $ 24.00 95 Sulfate(EPA 375.2 or 300.0) $ 17.00 $ 24.65 $ 34.00 96 Trihalomethanes,Total(EPA 501)*524.2 Substituted $ 75.00 $ 108.75 $ 150.00 97 Turbidity (EPA 180.1) $ 15.00 $ 21.75 $ 30.00 98 Aluminum (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 99 Arsenic(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 100 Cadmium (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 101 Chromium (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 102 Copper(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 103 Iron(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 104 Lead(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 105 Manganese (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 106 Mercury(EPA 245.1) $ 20.00 $ 29.00 $ 40.00 107 Silver(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 108 Zinc(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 109 Filtration,Aqueous Sample $ 5.00 $ 7.25 $ 10.00 Biological Tissue 110 Total 8 RCRA Metals(EPA 6010C/7471) $ 100.00 1 NA I NA 111 I Chlorinated Pesticides(EPA 808113) $ 200.00 NA I NA Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 17 of 18 112 PCB Aroclors(EPA 8082) $ 85.00 NA NA 113 PCB Congeners(EPA 1668A) $ 800.00 NA NA 114 Volatiles,VOCs(EPA 8260) $ 80.00 NA NA 115 Semi Volatiles,SVOCs(EPA 8270) $ 210.00 NA NA 116 %Lipid $ 70.00 NA NA 117 Sample homogenate preparation charge $ 95.00 NA NA 118 Other sample digestion/extraction charge $ 95.00 NA NA Table 2 Item Test and Method Unit Price Number 7 day Asbestos Analyses 1 PLM/DS(Polarized Light Microscopy/Dispersion Staining) $ 9.00 EPA Method 600/R-93/116 2 PLM-Insulation $ 9.00 EPA 600/M4-82-020:Interim Method for the Determination of Asbestos in Bulk Insulation Samples PLM Point Count 200 3 EPA Method 600/R-93/116 N/A PLM Point Count 400 4 EPA Method 600/R-93/116 $ 20.00 PLM Point Count 1000 5 EPA Method 600/R-93/116 $ 42.00 PCM (Phase Contrast Microscopy) NIOSH 7400 6 $ 9.00 TEM-Bulk 7 EPA Method 600/R-93/116 $ 32.00 TEM-Gravimetric Chatfield or NY ELAP Method 8 198.4(TEM with Gravimetric Prep) $ 40.00 TEM—DUST 9 ASTM—5755(Micro Vac) $ 85.00 TEM—DUST 10 ASTM—6480(Wipe) $ 85.00 Laboratory Analytical Services Agreement Eurofms Environmental Testing South Central,LLC Page 18 of 18 REQUEST FOR PROPOSALS FORT VORTH , CONTRACT FOR ANNUAL ENVIRONMENTAL LABORATORY ANALYSIS PROJECT #: ENV 22-06: LAB DUE DATE : September 22, 2022 PROVIDER: Eurofins Environment Testing South Central,LLC BY: Alejandro Montoya Company Name (Eurofins Xenco) (print or type name of signatory) 9701 Harry Hines Blvd. jb IV, Address (Sig ature) Dallas,TX 75220 President City,State,Zip Title (print or type) 915.585.3443 Alex.Montoya@ET.EurofinsUS.com Telephone Email Page 1 0 ti eurofins Environment Testing America September 29, 2022 Roger Grantham Environmental Supervisor City of Fort Worth 200 Texas Street Fort Worth, TX 76102-6311 RE: Request for Proposal (RFP) ENV 22-06: LAB Environmental Laboratory Analysis Dear Mr. Grantham: Eurofins Environment Testing South Central, LLC (Eurofins Xenco) is pleased to provide our proposal to the City of Fort Worth (City) for your Contract for Annual Environmental Laboratory Analysis of air, soil, water, sludge, sediment, tissue and other types of samples from various projects and inspections for the City. Eurofins Xenco understands the scope of work and can fully comply with the requirements of this solicitation. We are committed to ensuring your technical requirements are met and that all data complies with the City's program and regulatory requirements. In addition to high quality and compliant data, we will provide you with the following benefits: • A dedicated Program Director who is not only familiar with your projects scope and requirements, but he has also worked with the City of Fort Worth for many years and will oversee your programs. Greg Grandits - Eurofins Xenco 4143 Greenbriar Dr., Stafford, TX 77477 281-690-0613, email Greg.Grand its(aDIET.EurofinsUS.com • Local presence providing sample pick up support from our Dallas lab • Knowledgeable and experienced laboratory staff, fully trained and committed to meeting project specifications and requirements • Access to technical experts who have been instrumental in working with various federal agencies to develop analytical methods and procedures • Real-time access to your project data and details through our online data management system, MyEOL®at no additional charge Thank you for the opportunity to submit this response to ENV 22-06: LAB for Environmental Laboratory Analysis. Our proposal is valid for 90 days. We look forward to working with City of Fort Worth to help ensure the success of your analytical program. Sincerely, Aiej ndro Montoya President Eurofins Xenco Dallas 9701 Harry Hines Blvd. T 1214.902.0300 Dallas, TX 75220-5441 www.Eurofins.com 1.13 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders.This law provides that, in order to be awarded a contract as low bidder, non- resident bidders(out of state contractors whose corporate offices or principal place of business are outside of the State or Texas) bid projects for construction, improvements,supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications.The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Non-Resident vendors in (give State),our principal place of business,are required to be percent lower than resident bidders by State law.A copy of the Statute is attached. Non-resident vendors in (give State),our principle place of business,are not required to underbid resident bidders. B. Our principle place of business or corporate office(s) is in the State of Texas. IN Bidder: Eurofins Environment Testing South Central,LLC Company Name Alejandro Montoya By: (Please Print) AL "'mil ' Signature President Title(Please Print) The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. ENV 22-06 Page 9 of 31 August 9,2022 Page 3 2.0 PROPOSAL DOCUMENTS 2.1 PROPOSAL DOCUMENT CHECKLIST All Proposal Documents,including this Checklist,must be completed in full and submitted in a sealed envelope,in the requested order,or the Proposal Package may be considered as a non-responsive submittal. Proposal Documents Initial if Included 1. PROPOSAL DOCUMENT CHECK LIST GG 2. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA GG 3. MINORITY BUSINESS ENTERPRISES(MBE) N/A 4. PROPOSAL SUMMARY GG 5. PROPOSAL OF PROVIDER GG 6. LIST OF SUBCONTRACTORS GG 7. INSURANCE CERTIFICATES GG 8. LICENSES&CERTIFICATES GG 9. LEGAL&COMPLIANCE HISTORY GG 10. PERFORMANCE AND PAYMENT BONDS N/A 11. BID SECURITY N/A 12. PREVAILING WAGE RATE GG 13. COMPLIANCE&WORKERS COMPENSATION GG I understand that failure to submit all of these items may cause my submittal to be considered non- responsive. Name Greg Grandits Title Program Director Company Eurofins Environment Testing South Central,LLC ENV 22-06 Page 10 of 31 August 9,2022 Page 4 2.2 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA Check if applicable The undersigned acknowledges the receipt of the following addendum (a)to the Request for Proposal,and has attached all addenda following this page. (Add lines if necessary). Addendum Number 1 (Date received) Addendum Number 2 (Date received) Addendum Number 3 (Date received) Addendum Number 4 (Date received) Check if applicable X The undersigned acknowledges the receipt of no addenda to the Request for Proposal. PROVIDER: Eurofins Environment Testing South Central,LLC BY: Alejandro Montoya Company Name (Eurofins Xenco) (print or type name of signatory) 9701 Harry Hines Blvd. ., y' ' Address (Signature) Dallas,TX 75220 President City,State,Zip Title (print or type) ENV 22-06 Page 11 of 31 August 9,2022 Page 5 2.3 MINORITY BUSINESS ENTERPRISE(MBE) Business Equity Departmental Provisions: All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Department goals in the procurement of goods and services. If the total dollar value of the contract is greater than $100,000,then an BE subcontracting goal may be applicable. There will be no Business Equity Departmental goal on this project. The undersigned acknowledges the City's BE requirements as stated above, and if selected as the most highly qualified provider,will comply with the requirement to submit a utilization plan during contract negotiations. PROVIDER: Eurofins Environment Testing South Central,LLC BY: Alejandro Montoya Company Name (print or type name of signatory) 9701 Harry Hines Blvd. 4L V, Address (Signature) Dallas,TX 75220 President City,State,Zip Title (print or type) REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ENV 22-06 Page 12 of 31 August 9,2022 Page 6 i 006 e u rof i n s Environment Testing America Proposal Summary ENV 22-06: LAB Environmental Laboratory Analysis Proposal Contact: Greg Grandits Phone: 281.240.4200 Greg.Grandits@ET.EurofinsUS.com Prepared For: City of Fort Worth Roger Grantham 200 Texas Street Fort Worth, TX 76102-6311 Page 7 • City of Fort Worth % e u r o f i n s ENV 22-06: LAB Environment Testing Environmental Laboratory Analysis America Table of Contents Statement of Qualifications 10 Business Qualifications and Experience 10 Relevant Projects 11 Financial Stability 12 Personnel Qualifications and Experience 12 Key Personnel 12 Resumes of Key Staff 13 Roles and Responsibilities Associated with this Contract 16 References 17 Accreditations and Demonstration of Performance 19 NELAP/NVLAP Audit/Assessment 19 AIHA Proficiency Testing Programs 19 Quality Assurance/Quality Control 19 Assuring the Quality of Analytical Results 20 Standard Operating Procedures 21 Performance Testing 21 Project Understanding and Approach 22 Scope of Services Approach 22 Project Management 24 Staffing/Organizational Chart 24 Courier Services 26 Hiring/Training of Personnel 26 Laboratory Operations Procedures 29 Sample Analysis Process 29 Instrumentation 31 Capacity 31 Analytical Reports 32 Turnaround Time 33 MyEOL® 34 Invoicing 34 Page 8 • City of Fort Worth % e u r o f i n s ENV 22-06: LAB Environment Testing Environmental Laboratory Analysis America Costs 36 List of Subcontractors 40 Insurance Certificates 41 Licenses & Certificates 46 Legal & Compliance History 49 Prevailing Wage Rate 51 Compliance &Workers Compensation 52 Attachments - as separate documents Attachment 1 - Certifications Attachment 2 -Audits Attachment 3 - Performance Testing Attachment 4 - Quality Assurance Manual Attachment 5 - Invoice Attachment 6 - Example Report Attachment 7 - Chain of Custody Attachment 8 - Laboratory Review Checklist Attachment 9 - MDL Studies Attachment 10 - Instrument Lists Page 9 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Statement of Qualifications Business Qualifications and Experience Eurofins Environment Testing South Central, LLC (Eurofins Xenco) was originally formed in Houston, Texas in 1990. The Eurofins network in Texas currently includes eight (8) testing laboratory facilities and service centers located in Houston, Dallas, Corpus Christi, San Antonio, Midland, Lubbock, El Paso and Carlsbad. All Eurofins facilities are state-of-the-art and are accredited under the National Environmental Accreditation Program (NELAP) and participating State programs. At Eurofins Xenco we strongly believe that our clients come first. Commitment to project success is implicit in everything we do. We are committed to exceeding our clients' expectations by providing unmatched data integrity, unequaled technical and professional services, and delivering unsurpassed client support. We abide by a strong Code of Ethics and Conduct adopted by our employees and our affiliates. We envision operating under a system of waste minimization and strive to become a paperless organization to minimize our environmental footprint. We create equal opportunity to all employees in a healthy and motivational working environment. Eurofins Xenco is a premier provider of quality analytical services to the Engineering, Consulting, Chemical, Petroleum, Federal, State and Waste Management markets. We provide analytical services to both the private and public sectors. A continuing commitment to data integrity, investment in advanced technologies and information management systems, highly qualified people and dedicated client service have made Eurofins Xenco the preferred provider in the Gulf Coast for the analysis of environmental contaminants. Our expertise in generating, organizing and delivering data allows our clients to make informed decisions based on data that is reliable and defensible. We offer a full spectrum of testing capabilities that include chemical and biological analyses of a variety of matrices, including aqueous, solid, sediment, sludge, drinking water, wastewater, tissues, air and saline/estuarine samples. We provide sample bottle kits and sample courier services. Our LIMS provides cutting edge reporting capabilities and 24/7 access to data and electronic reports online via our MyEOL®web portal. Procedures are performed by approved methodologies including, EPA, ASTM, Standard Methods, and USACE. Methods are applicable to RCRA, CWA, NPDES, SDWA, TSCA, CLP and other testing requirements. Whatever your analytical testing requirements maybe we will be there to service your needs. Eurofins Xenco Dallas and Eurofins Xenco Houston will be the primary laboratories support the City's projects. Eurofins Xenco Dallas Eurofins Xenco Houston 9701 Harry Hines Blvd. 4147 Greenbrier Dr. Dallas, Texas 75220 Stafford, Texas 77477 214-902-0300 281-240-4200 Page 10 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Primary Contacts: Greg Grandits, Program Director I Phone: 281.690.0613; Email: Greg.Grandits(aD-ET.EurofinsUS.com Carlos Castro, Business Unit Manager I Phone: 214.902.0300; Email: Carlos.Castro(aDIET.EurofinsUS.com Mike Kimmel, Operations Manager/Project Manage I Phone: 281.240.4200 Email: Mike.Kimmel(aD-ET.EurofinsUS.com Alex Montoya, President I Phone: 281.240.4200; Email: Alex.Montoya(aD-ET.EurofinsUS.com Relevant Projects • Dallas-Fort Worth International Airport- June 2016— Led by Sandra Lancaster We have provided analytical testing support services for the DFW Airport Client Contact: Sandra Lancaster • Freese and Nichols—Ongoing - Director of the project, Assistant PM-Monica Tobar. We have supported F & N analytical testing for the following projects: Former Riverside WWTP, Lake Worth Dredging, Fort Worth Dredging, City of Fort Worth, City of Tyler, Broadway WWTP, and Fort Worth Waste Water Systems. Client contact: Kimberley Buckley • Texas Department of Transportation — Ongoing — Project Director PM Debbie Simmons Xenco Laboratories has been servicing TxDOT analytical testing work since 1999 for over 45 sites in Texas. Client Contact: Mark Norman • CB&I —Ongoing — Project Director Assistant PM Gale Denman Xenco has been supporting CB&I's Texas Commission of Environmental Quality DRCP analytical testing work for over 5 years. Client contact: Amandeep Kang • City of Midland — December 2016— Senior project Manager/Technical support: Joanna Lowder Xenco provides analytical testing support for the city's wastewater and groundwater • City of San Marcos— December 2018 to Present— provide analytical testing for metals, cyanide Phenolics, VOA and Semi-VOA, PCBs, Pesticides—Client Contact: Keasha Varner • City of Bryan— May 2018—testing for metals, wet chemistry BOD, VOA, Semi-VOA, PCB. Client contact David McIntyre • City of Dallas—October 2021 to present— providing testing for air, fish tissue, groundwater, surface water, wastewater, drinking water, soil, hazardous and non-hazardous waste. Client contact Melony Hilson • City of Garland —July 2021 to 2022 — provide testing services in compliance with SDWA, CWA, TPDES and Texas Administrative Code. Client contact Stephan Conner • City of Fort Worth Water and Wastewater Laboratory—October 2017 to present- provide testing services in compliance with SDWA, CWA, TPDES and Texas Administrative Code. Client contact David Nelson • Tarrent Regional Water District—2017 to present— Routine sampling program for 8 water supply reservoirs. Client contact Mark Ernst Page 11 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Financial Stability Eurofins Environmental Testing America's sound financial structure demonstrates our financial health. City of Fort Worth should have no concerns regarding the viability of the company supporting your analytical requirements— now or in the future. Even in these challenging economic times, Eurofins continues to aggressively reinvest millions of dollars annually to expand analytical offerings, increase capacity, reduce production cycle times, lower detection limits, and develop innovative data delivery systems and solutions for our clients. We provide our clients a long-term commitment, including the long=term support and storage of laboratory data. Eurofins maintains fiscal authorization and responsibility at various levels of the organization. We have a robust system of internal controls to ensure we routinely exercise appropriate fiscal responsibility. Personnel Qualifications and Experience Eurofins attributes its success to the professionalism and technical expertise of its people. Not only our technical experts, but the dedicated staff of experienced professional chemists and technicians in each individual laboratory, are key to our position as an industry leader in the environmental laboratory industry. The majority of our technical staff have a Bachelors' Degree or higher in Chemistry, Biology, Environmental Science or another related field. We value and reward high performance, hard work, honesty, and teamwork. Eurofins employees hold themselves accountable to the highest standards of ethics, trust, and quality. These high professional standards, coupled with unparalleled technical leadership, decidedly set Eurofins apart from the competition. The Project Manager, Laboratory Managers, Senior Chemists, Laboratory Technicians and Quality Assurance Specialists we propose for this program are highly experienced in the analysis of environmental media as well as understanding the changing needs of projects. Our staffs have worked on similar programs and understand that communication with the project team is critical to the success of the program. Key Personnel Eurofins Xenco Dallas N:L71*7 A". Ph.D. Chemistry M.B.A. Finance and Dr. Carlos Castro Business Unit Leader/ Lab Manager International Business 1994 2017 M.S. Chemistry B.S. Chemistry Michael Kimmel Operations Manager/Project Manager BA Business Marketing 1991 2016 Minor in Computer Science Jose Londono QA/QC Manager B.S. Mechanical Engineering 2001 2016 Page 12 City of Fort Worth 0 ,% e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Eurofins Xenco Houston �rd grin Ph.D. Philosophy/MBA Global Ruben Builes Business Unit Leader Energy/BA Education and 2003 72009 Management/SPHR-SCP Certification Julian Martinez Laboratory Director BS Chemistry, Minor Business 2006 2006 Administration Stephanie Coch QA Manager BS Biochemical/Biophysical Science, 2012 2021 Minor in Chemistry Eurofins J3 Scott M. Ward Laboratory Director PhD Microbiology 2005 2005 Duane Salinas Technical Expert BS Geology 1986 2000 Duke Liddle QHSE Manager BS Natural Science, CIH, CSP, 2002 2017 CHMM, CIEC Resumes of Key Staff Greg Grandits I Program nfrector for City of Foi )rth Mr. Grandits serves as a Senior Account Manager responsible for maintaining existing client relationships as well as developing new customer business opportunities for the sales growth of the Eurofins Xenco laboratory facilities. Mr. Grandits has over 35 years' experience in the Environmental Testing industry holding primarily top Management and Sales leadership positions. He is a chemist and holds bachelor's in biology/Chemistry with an associate degree in Chemical Technology. Mr. Grandits has been involved with State regulatory technical input and is a member of Society of Texas Environmental Professionals and the American Council of Independent Laboratories. Mr. Grandits has extensive experience as a Program Director for many large public, private and municipal accounts assuring contract terms are satisfied and client expectations are met. Carlos Castro, Ph.D., MBA, CFS I Business Unit Manager/Lab Manager-Dallas Dr. Castro has been in the environmental and food testing industries since 1994. His extensive experience includes technical, managerial and quality roles in the laboratory. He has been involved in the growth of XENCO Laboratories from a single facility to a laboratory network. Dr. Castro has a Ph.D. in Chemistry and M.B.A. in Finance and International Business. Dr. Castro is responsible for all technical and administrative management of Dallas' full service analytical laboratory. Page 13 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Michael Kimmel I Operations Manager/Project Manager-Dallas Mr. Kimmel has been in the environmental laboratory industry since 1991. He has a Bachelor of Arts, with a major in Business Marketing and Minor in Computer Science. He has extensive knowledge of USEPA Methods, State Requirements, Statements of Work, TRRP, PST-RG-411, FL-DOH, East Coast States regulations, ADAPT Data Validator and U.S. Environmental Protection Agency environmental programs and regulations. Mr. Kimmel is responsible for the management of Houston laboratory facility and personnel. ose Londono I Quality Assurance Manager-Dall&. Mr. Londono has a B.S. in Mechanical Engineering/MBA: More than 30 years of multifaceted experience with solid background in both manufacturing and services environments, and complete administrative responsibility for directing both professional, and technical staff. Responsible for: directing and maintaining the quality control program within a laboratory unit or a satellite laboratory unit; ensure that all laboratory supervisors, chemists, analysts and technicians have reviewed XENCO Laboratory's QA protocols and policies; assure that all analytical methodologies employed by the laboratory conform to the guidelines established by the EPA or applicable regulatory agency and that all TNI standards are met; assure that all quality control procedures are correctly followed and documented by inspecting and auditing the operations of the laboratory; and maintaining a non-conformance/corrective action program ensuring that all the quality control requirements are met. Ruben Builes, Ph.D., MBA I Business Unit Manaaer-Houston Dr. Builes is a qualified and talented professional with vast experience in human resource management. He is a certified Senior Professional in Human Resources, and holds an MBA with emphasis on Oil and Gas. Dr. Builes is responsible for all technical and administrative management of Houston's full service analytical laboratory. Dr. Builes has also taught at Stanford University, where he obtained his doctoral degree. He uses this variety of approaches to provide strong leadership in Xenco Laboratories, assisting both personnel management, communications, and marketing efforts. ulian Martinez I Laboratory Director-Houston Mr. Martinez has been in the environmental laboratory industry since 2006. He has a B.S. in Chemistry with a minor in Business Administration and Accredited as a Radiation Safety Officer (RSO) in 2016. Mr. Martinez expertise focus is on in-depth training of EPA, TCEQ and Railroad Commission standards for employees. Ensures clients remain in compliance with all state- mandated regulatory standards. Works with the laboratory group leaders on reporting, analysis, rush projects, quality assurance issues and budget/creation administration. Mr. Martinez oversees the daily operations of facilities and all in-field and laboratory personnel. He develops and spearhead the logistics for environmental planning in oil and gas sites, refineries, remediation sites, water projects, and private water wells. He plans sampling for discharges of pipeline hydrostatic test water, frac tanks, monitor wells, injection wells, frac pits, hydrocarbon spills on soils, and power plants. Stevhanie Coch I Quality Assurance Manaaer-Houston Ms. Coch joined Eurofins Xenco, LLC in 2021. She has worked in the environmental analytical field since 2012 and has a Bachelor of Science, Major: Biochemical/Biophysical Science, Minor: Chemistry from University of Houston, Houston, TX. As Quality Assurance Manager, Ms. Coch oversees the Quality Assurance department. She is responsible for all aspects of the quality Page 14 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America system for the analytical laboratory. Her responsibilities also include maintaining the laboratory's quality assurance programs for air, water, wastewater and solid waste compliance as determined by State and company directives, ensuring client technical specifications are met, assuring that the quality of data is acceptable, and facilitating process improvement. Alex Montova I President—Eurofins Xenr Mr. Montoya has served as Eurofins Xenco President since 2020. Prior to that, he had the opportunity to experience first-hand all aspects of operations, working progressively in different labs and regions as a Technician, Analyst, Field Engineer, Inorganics Supervisor. Since 2016 he became a company executive as Director of Operations/Project Manager, and Director of Project Management & Business Development. He resides and works primarily at the Houston area where the company headquarters are based. S.. . ..._. , _.._,.....,.., _..,.,..,. 'urofins .:sources Mr. Ward has been in the laboratory industry since 1997. He has a Ph.D. in Microbiology from Texas A&M University, College Station Texas. Mr. Ward is responsible for the technical and management of the analytical laboratory. His experience includes indoor air quality samples using light microscopy to determine presence of fungal spores; bulk and air cassette samples using PLM microscopy to determine presence of asbestos; preparing TEM samples; performing QA/QC analysis. He has several publications and presentations and registrations/memberships in Indoor Air quality: Fungal Spore Identification Certification and Microscopical Identification of Asbestos Certification from McCrone Research Institute and ASTM Subcommittee D22.08 on Assessment, Sampling and Analysis of Microorganisms. luF Salinas ;hr.�yal�,_r___ __.ofins Mr. Salinas has been in the laboratory industry since 1986. He has a B.S. in Geology from the University of Texas; Austin, Texas. Mr. Salinas manages the asbestos laboratory including analyzing bulk and air cassette samples by TEM, PLM and PCM microscopy. He is responsible for training new microscopists, Maintaining QC records for NVLAP accreditation, proficient in use of gravimetry and point counting methods for quantification of asbestos in bulk samples and performing QA/QC analysis and maintaining QA/QC records. Duke Liddle I Quality, Health, Safety&Environmental Manager—Eurofins J3 Resources Mr. Liddle has worked in the laboratory industry since 2002. He has a B.S. in Natural Science from Texas A&M University; College Station, TX. His experience includes conducting and managing industrial hygiene, safety and environmental projects and programs. Responsibilities have included industrial hygiene, air quality and safety investigations; lead paint and asbestos- related testing and surveys; environmental assessments, soil and groundwater investigations, soil and groundwater remediation, landfill monitoring, waste characterization and coordinating waste disposal, proposal and contract generation, project management, data management, interpretation of laboratory analytical results, preparation of site documentation, and completion of detailed technical reports. Mr. Liddle currently works as the Quality, Health, Safety and Environmental (QHSE) Manager for Eurofins J3 Resources, an industrial hygiene laboratory with locations in Houston and Pasadena, Texas. Page 15 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Roles and Responsibilities Associated with this Contract .doles and Responsibilities, program Manager The Program Manager will oversee the project on behalf of the City of Fort Worth. Mr. Greg Grandits will serve as Program Manager, he is familiar with the City of Fort Worth project scope and requirements and has also worked with the City of Fort Worth for many years. Mr. Grandits will schedule periodic meetings to discuss program metrics and creative ideas for program improvement, identify analytical innovations and ensure effective problem resolution. He will also provide a point of contact to assist in evaluating new opportunities, identifying the laboratory that best supports the project requirements and working with both the City of Fort Worth and Eurofins Project Manager to set up the project in the laboratory. _toles and Responsibilities, Business Unit Manager The Business Unit Manager (BUMA) reports directly to the President. The BUMA has full responsibility for the overall administrative and operational management of their respective laboratories and facilities. The BUMA's responsibilities include allocation of personnel and resources, long-term planning, setting goals, and achieving the financial, business, and quality objectives of Eurofins. The BUMA ensures timely compliance with corporate management directives, policies and management systems reviews. Roles and Responsibilities, Laboratory Director The Laboratory Director is responsible for the overall quality, safety, financial, technical, human resource and service performance of the entire laboratory. The Laboratory Director's responsibilities include these key functions: • Supervising staff • Setting goals and objectives for both the business and the employees • Achieving the financial, business, technical and quality objectives of the facility The Laboratory Director provides the resources necessary to implement and maintain an effective and comprehensive Quality Assurance and Data Integrity Program. The Laboratory Director, with the assistance of the quality assurance manager, has the overall responsibility for establishing policies that ensure that the quality of analytical services meet our client's expectations. The Laboratory Director ensures timely compliance with audits and corrective actions, and is responsible for maintaining a working environment which encourages open, constructive problem solving and continuous improvement. Roles and Responsibilities, QA Manager The QA Manager is responsible for ensuring that the laboratory's quality system and Quality Assurance Manual (QAM) meet the requirements providing quality systems training to all new personnel, maintaining a QAM, and performing or overseeing systems, data, special, and external audits. The QA Manager performs, or supervises, the maintenance of QA records, the maintenance of certifications and accreditations, the submission of monthly QA Reports, and assists in reviewing new work as needed. The QA Manager has the final authority to accept or reject data, and to stop work in progress in the event that procedures or practices compromise the validity and integrity of analytical data. The QA Manager is available to any employee at the Page 16 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America facility to resolve data quality or ethical issues. The QA Manager is independent of laboratory operations. The facility QA Manager has an indirect reporting relationship to the Quality Director. soles and Responsibilities, Technical/Operations Manager The Technical/Operations Manager of a laboratory has overall responsibility for a defined portion of the technical and operations of the laboratory, and may or may not be the Laboratory Director. The Technical Director solves day to day technical issues, provides technical training and guidance to staff, project managers, and clients, investigates technical issues identified by QA, and directs evaluation of new methods. Roles and Responsibilities, Project Manager The Project Manager (PM) is responsible for overseeing client's projects from start to finish. The PM's responsibilities include these key tasks: • Respond in a timely manner to all requests • Organize, schedule and/or attend project specific planning calls with your project team as necessary • Serve as consultant for field efforts to optimize batch sizes, arrange sample shipment and receipt, schedule delivery of bottles and associated materials • Preparing project summary of QA/QC requirements • Maintaining the analytical schedule • Ensuring that the laboratory understands the technical requirements • Advising the laboratory, QA and technical managers of all variances • The PM provides technical guidance and any necessary laboratory-related information to the References Tarrent Regional Water District Eurofins Xenco supports the district for Water Quality 600 East NorthSide Dr. Laboratory Services associated with its routine sampling Fort Worth, TX 76164 program of 8 water supply reservoirs which include: Cedar Creek, Richland Chambers, Lake Palestine, Lake Mark Ernst Arlington, Lake Benbrook, Lake Worth, Eagle Mountain Tel. 817-237-8585 and Lake Bridgeport, approximately twenty-five tributaries and wastewater treatment plants associated Mark.ernst(aD-trwd.com with these reservoirs, the Trinity River and a wetlands system associated with Richland Chambers. This Period of Performance: program has been in existence for over twenty years and 2017 to present conformity to methodology is important to data analysis. Xenco has supported the contract for over 5 years, 2 contract terms. Page 17 City of Fort Worth e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America City of Dallas Eurofins Xenco provides laboratory testing services for 1500 Marilla St. 3FN air, fish tissue, groundwater, surface water, wastewater, Dallas, TX 75201 drinking water, soil, hazardous and non-hazardous waste. Analysis include VOC, Semi-VOC, heavy metals, inorganic chemicals, organic chemicals, bacteriological Melony Hilson analysis and general water quality parameters. Fish Procurement Specialist tissue for polychlorinated bi phenyls (PCBs, pesticides Tel. 214.670.0604 and total metals. Melon hilson hall.com Services support storm water monitoring, illicit discharge y�dallascit y investigations, enforcement investigations, hazardous and non-hazardous waste management, industrial waste Period of Performance: monitoring, publicly owned treatment works (POTW) 2021 to present influent and effluent monitoring, enforcement investigations. The environmental analytical laboratory testing service portion of the contract is divided in 4 groups; bio- monitoring (wet testing), analytical testing of fish samples, general analytical testing and analytical testing of asbestos samples. Term of agreement is 3 years and will be utilized by various departments throughout the City of Dallas. City of Garland The City of Fort Worth is required to monitor the public 200 North 5tn drinking water supply for compliance with federal Safe Garland, TX 75740 Drinking Water Act (SDWA), and Texas Administrative Code (Title 30, Part 1, Chapter 290, Subchapter F); and Stephan Conner the wastewater treatment plan discharge, pretreatment Compliance Manager program, and biosolids disposal for compliance with the Tel 972-205-3819 federal Clean Water Act (CWA) and the Texas Pollution sconner@garlandtx.gov Discharge Elimination System (TPDES permit). Eurofins Xenco provides testing services for these weekly, Period of Performance: monthly, quarterly and annual events. 2021 to present City of Sugar Land The City of Sugar Land is required to monitor the public P.O. Box 110 drinking water supply for compliance with the federal Sugar Land, TX 77479 Safe Drinking Water Act (SDWA), and Texas Administrative Code (Title 30, Part 1, Chapter 290, Ashley Kirkpatrick Subchapter F); and the wastewater treatment plant 281-275-2478 discharge, pretreatment program, and biosolids disposal for compliance with the federal Clean Water Act (CWA) AKirkpatrick(aD-sugarlandtx.gov and the Texas Pollution Discharge Elimination System (TPDES permit). Eurofins Xenco provides testing Period of Performance: services for these monthly, quarterly and annual events. 2020 to Present Page 18 City of Fort Worth e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America City of Fort Worth Water and The City of Fort Worth is required to monitor the public Wastewater Laboratory drinking water supply for compliance with federal Safe 200 Texas St. Drinking Water Act (SDWA), and Texas Administrative Fort Worth, TX 76102 Code (Title 30, Part 1, Chapter 290, Subchapter F); and the wastewater treatment plan discharge pretreatment program, and biosolids disposal for compliance with the David Nelson federal Clean Water Act (CWA) and the Texas Pollution 817-392-5902 Discharge Elimination System (TPDES permit). Eurofins David.Nelsona-Fortworthtexas.gov Xenco provides testing services for these monthly, quarterly and annual events. Period of Performance: 2017 to Present Accreditations and Demonstration of Performance The Eurofins network of laboratories collectively maintain State and NELAP laboratory accreditations to provide overlap of laboratory services and capabilities to our clients. These numerous accreditations enable work sharing on national, regional and local levels. This includes maintaining redundant method capabilities and technologies to manage large program sample volumes. Our laboratories are accredited by the State of Texas under the laboratory accreditation program Eurofins is an active member of the NELAC community, chairing a number of committees and participating in the development and implementation of the national standards, now set as requirements under the program. Texas NELAP Certifications and applicable NVLAP certifications are provided as Attachment 1. NELAP/NVLAP Audit/Assessment Eurofins cooperates fully with regulatory authorities and clients. We maintain an open-door policy and invite all clients to audit and verify the laboratory's systems. The laboratory makes every effort to provide auditors with access to personnel, documentation and assistance. The majority of our laboratories host a wide variety of external audits performed throughout the year by clients and state/federal regulatory agencies. We have provided recent audits assessments as Attachment 2. AIHA Proficiency Testing Programs Eurofins J3 Resources AIHA Accreditation and Performance Testing documents are provided as Attachment 3. Quality Assurance/Quality Control Because of our commitment to providing the highest quality of data available, Eurofins Xenco Quality Assurance Program meets and exceeds the most rigorous requirements of the industry. Page 19 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America At Eurofins Xenco we continually build quality into the product delivered to our clients as a design specification. This is accomplished by incorporating the elements of our Quality System into every laboratory process as an intrinsic component of our day-to-day operations. Our Quality Assurance Managers review data, compile QA packages, and maintain laboratory compliance with QA requirements stated in analytical methodology and procedures. In addition to the required external NELAP audits, our Quality Assurance Team conducts internal audits with random spot checks throughout the year. Our Quality Control Team does random data validation/audits on ten percent (10%) of the sample volume. Eurofins Xenco will comply with all the requirements of the client for quality assurance/quality control and our Comprehensive Quality Assurance Plan. In the event data falls outside of QC control limits, the Project Manager will be immediately notified, a nonconformance will be documented, corrective action will be taken and, if needed, data will be qualified.All data reporting and validation will be in accordance with applicable state and federal requirements. Eurofins Xenco performs routine analyses using standard EPA-approved methodology. The routine analytical methods are those currently accepted and approved by the EPA and local regulatory authority, TCEQ. If project or regulatory requirements mandate the use of specific methods, we will only use those methods. Modification of standard approved methods may be necessary in some cases to provide accurate analyses of particularly complex matrices. EPA allows for this provided the appropriate verification is conducted and it is documented. Eurofins Xenco conforms to the requirements. Eurofins Xenco strives to perform only the latest version of each approved method. We review the EPA updated methods and implement them as appropriate. Assuring the Quality of Analytical Results To ensure the validity of our data, we continuously evaluate the quality of the analytical process and the specific data. Eurofins controls the analytical process through a number of measures, which include the requirements of the regulatory programs and their methods: • Instrument calibration • Routine process quality control measurements performed as required by the method or regulations to assess precision and accuracy Blanks, various types, check for contamination Laboratory Control Samples (LCS) measure the accuracy of the method in a blank matrix and assesses method performance independent of potential field sample matrix affects in a laboratory batch Control of analytical process with control limits ✓ Matrix Spikes (MS) ✓ Duplicates (DUP) ✓ Surrogates ✓ Internal Standards (IS) ✓ Calibration Verification Page 20 City of Fort Worth e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America • Proficiency Testing (PT) samples with (concentrations unknown to laboratory) are analyzed to help ensure laboratory performance • Data review • Internal audits • Use of certified reference materials • Multiple levels of review during receiving and analysis to eliminate any errors Standard Operating Procedures Eurofins maintains extensive Standard Operating Procedures(SOPs), which accurately reflect all phases of laboratory activities, including test methods, data integrity and corrective actions. These instructions are available in the laboratory for the operation of equipment as well as for the handling and preparation of samples. Non-analytical SOPs include sampling, handling, transport, storage and preparation of samples. Performance Testing All Eurofins laboratories participate semiannually in Proficiency Testing (PT) programs in support of their National Environmental Laboratory Accreditation Conference (NELAC) and State certification requirements. Eurofins laboratories' PT performance scores are routinely in the upper ten percentile. In addition to the PT program required for NELAC accreditation, Eurofins facilities participate in a number of PT programs managed by other state agencies, clients, and by Eurofins itself. Private contractors or government programs such as USACE may submit additional PT samples. These PT samples may be submitted as known performance evaluation tests, or as blind or double-blind samples. Periodic double-blind performance audits are conducted by Eurofins to assess all aspects of laboratory performance,from project management handling of project initiation through analysis, reporting and invoicing. At a minimum, Performance Tests (PTs) are conducted semi-annually in conformance with the NELAP requirements.Any results determined to be outside the Acceptable range are investigated as non-conformances and resolved. QA/QC Documentation is provided as Attachments Attachment 4. Quality Assurance/Quality Control Manual Attachment 5. Sample Invoice Attachment 6. Example Analytical Report (TTTP-13 format) Attachment 7. Sample Chain of Custody Attachment 8. Sample Laboratory Data Review Package (Laboratory Review Checklist) Attachment 9. MDL study for PAH and RCRA 8 Metals for water and soil Page 21 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Project Understanding and Approach Scope of Services Approach Eurofins Xenco proposes to support the testing requirements of the City of Fort Worth through a combination of our local and network laboratory structure. Local support through our Dallas TX and Houston TX laboratories will be provided. Primary laboratory testing will be performed at these two in-state Texas laboratories. Eurofins network laboratory support will be provided by Eurofins J3 Built Environment for Asbestos Analysis. Additionally, Eurofins Lancaster Laboratory will provide additional support as needed for biological analyses. The laboratory will perform analysis for air, soil, water, sludge, sediment, tissue and other various types of samples. The City will collect the samples and package them for the laboratory. The laboratory will provide sample containers, preservatives, chain of custody and seals, and returnable shipping containers. The laboratory will provide sample pick-up and delivery services. All handling instructions and chain-of-custody protocols will be in accordance with all Federal and State regulatory requirements for laboratory methods and quality assurance. The laboratory will dispose of the samples in accordance with all Federal and state regulatory requirements. Project Planning Communication of contract specific technical and QC criteria is essential to ensure the success of non-routine analytical programs. Eurofins Project Manager (PM) works with the laboratory's QA and Operations Managers to review all of the quality and technical requirements of the program. Project-specific requirements are documented in the Laboratory Information Management System (LIMS). For projects with unique technical specifications, an internal kick off meeting with technical group leaders and operations staff may be held to review the technical requirements of the project and answer any questions. Eurofins strongly encourages client visits to our laboratory and information sharing sessions with staff to further communicate ongoing project needs and details. Prniont Rot-1 In The primary means of communicating project-specific requirements is systematized through our networked LIMS. The PM sets up a digital project in the LIMS, documenting project specific information and reference data, including: • Client contacts, including multiple recipients and invoice contact(s), if applicable • Required tests for the host lab and any network or subcontract labs supporting the project, including project-specific technical requirements, if any • Matrices, Analyte lists, and Reporting/QC limits (default or project specific) • Required sampling containers • Report& EDD formats • Pricing • Required turnaround time Page 22 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America ,ctive Projects When laboratory services are requested,the PM reviews the requirements, communicates project information and expectations to any network and subcontract labs, and communicates clarifications or exceptions, if any, to City of Fort Worth. The PM initiates and transmits a Bottle Order through the LIMS that defines methods, bottles required, additional supplies requested and shipping instructions. Bottle kits are assembled and deployed to City of Fort Worth in accordance with the LIMS Bottle Order instructions. During an active project, we understand that your project requirements may change based on regulatory or site-specific contingencies. Any modifications are agreed upon and the approvals documented prior to their implementation. The PM communicates the project changes to the laboratory operations, updates the project notes in the LIMS and implements into the laboratory process. The data report case narrative then reflects the change. Eurofins follows published methods and all Eurofins laboratories operational processes, from sample receipt through sample analysis to data reporting, are performed according to established laboratory Standard Operating Procedures (SOPs). Sample Tracking As incoming samples are logged into LIMS, sampling dates, sample temperatures and condition on receipt are recorded. Sample receiving personnel scan and attach Chain of Custody documents as records in the login. Any receipt anomalies are captured in an internal non- conformance memo (NCM) documented in LIMS. The PM is notified of the NCM by email, so the information can be relayed to and/or discussed with City of Fort Worth's project contact, if appropriate. The PM provides a sample receipt confirmation that details information about receipt condition and tests logged for review and confirmation by City of Fort Worth's project contact. .Oportiny _ate......... Where tests are being networked to other Eurofins labs, we anticipate that samples will be picked up by the laboratory, logged, and containers will then be appropriately packaged and shipped out to the appropriate network laboratory under Chain of Custody. The exception would be where method holding times or other sample specific considerations make it important to deliver samples directly to the laboratory supporting the analysis. In either case, the assigned PM will oversee the login, monitor the status of analyses in real-time via the LIMS, and be available to work with City of Fort Worth to resolve any project specific challenges. ;eportinc During active project work, the PM notifies City of Fort Worth's project contact regarding any laboratory conditions that would affect the lab's ability to accept samples and successfully perform the work, e.g., any issues that arise in processing samples, any condition which would affect turnaround time, or issues impacting the quality of the data. The PM obtains documented approval for any modification to the scope of work prior to implementation, and communicates any changes in scope to the laboratory operations, updates the project in the LIMS, and verifies that the changes have been implemented. As appropriate, the data report case narratives reflect any changes. Page 23 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America The PM will generate a single report that includes all analyses regardless of the laboratory in which the analysis was performed, and will submit the report to City of Fort Worth, as one unified deliverable. Project Management In our experience, efficient and effective project management is the key to building lasting client relationships. It is our standard practice to assign a Project Manager as the single point of contact for each of your projects. Our Project Manager is in dialogue with your project team from project start to finish; from the time of initial client contact until data is reported. A team of experienced laboratory managers who work together to plan, coordinate, integrate and monitor project activities supports the Project Manager. After project completion, the Project Manager remains available to answer questions or provide additional information. Eurofins Project Manager will: • Respond in a timely manner to all requests • Provide technical information to assist your field team • Interface with project personnel to plan and schedule sample shipments to the laboratory • Organize, schedule and/or attend project specific planning calls with your project team as necessary • Serve as consultant for field efforts to optimize batch sizes, arrange sample shipment and receipt, schedule delivery of bottles and associated materials Staffing/Organizational Chart The Project Manager, Laboratory Managers, Senior Chemists, Laboratory Technicians and Quality Assurance Specialists we propose for this program are highly experienced in the analysis of environmental media as well as understanding the changing needs of projects. Our staffs have worked on similar programs and understand that communication with the project team is critical to the success of the program. The laboratories will be providing off-site laboratory analytical services for water quality, chemicals, solids and other environmental analysis. The laboratories will provide courier services for sample pick-ups from the site to the laboratory. Work hours cannot be anticipated at this time, it would be based on the number of samples received and the analysis requested for each project. We will ensure that we will have the appropriate personnel available to complete your analytical testing in the required turnaround time. Page 24 City of Fort Worth 0 ,% e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America &IWW City of Fort Worth ProgFam Mana!ger andircir Project Manager Eurofins Xenco Contacts G rag Grand its—Prog rain Qirecto r Mike Kimmel — Project Manager Com mu n ioates with Le borato ry Staff Eurofins]Cenca Houston FEurefins.]€enco Dallas Laboratory Staff Laboratory Staff Business Unit Manager Business Unit ManageFfLab Director Ruben Builes Carlos C ashn Laboreloryr Director CHEM SerriceSIOPeratian5 Manager Julian Martinez Mi1ee Kimmel Quaity Assurance Manager Quaity Assurance Man ager Stephanie Loch Jose 1 r�n� Volatiles Depe rtmerrt Volatiles Department CannieChisng Martha Castro Metals Manager Semi Volatiles Department Deepak Pandley Weston Phiips Semi Volaliles Department Wet Chemistry Ueparfinent Vicky Cuartas Kevin Hatverson Wet Chemistry Department ,ilex Allamire no EUR fins Subcontia A Labs Eurafins J3 Resource5. Inc. (Ha•ustcn) Ash Sias Anrityrsis Laboratory Staff Le borate ry Di rector, Scott Ward Technical Experl, Duane Salinas CVJEHS Manager Duke Lid le EUraFins Lancaster Tissue Analysis Page 25 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Courier Services Eurofins will provide City of Fort Worth all the necessary sample containers, preservatives, supplies and instructions corresponding to the requested analyses. We obtain all sample containers from reputable manufacturers and meet all USEPA specifications. Our cost estimate includes the costs of the customized sample kits and hand delivery, via laboratory courier, of your samples to the Dallas laboratory at no cost to you. Cleanliness: We maintain the certificates of cleanliness provided by the suppliers as part of the laboratory documentation. Our supplier ESS, lot tests 40-mL VOA vials for volatile organics by GUMS and all lots of polyethylene bottles for common anions and trace-level metals, these lot testing certificates are accessible on ESS's website. Wet ice and blue ice: Eurofins does not supply wet ice or blue ice for sample shipment to the laboratory as blue ice is not an effective coolant and wet ice should be added fresh at the time of sample collection and packaging. Our custom sample kits: include pre-labeled sample containers, packing material and coolers and are delivered to the requested City of Fort Worth location by ground transportation. A minimum of five business days'advance notice is needed to allow sufficient time to achieve timely delivery. We provide trip blanks if City of Fort Worth requires volatile organic analyses. We stock our organized kits with properly preservice sample containers. We will provide City of Fort Worth clean coolers with Chain of Custody documents and sampling instructions. LIMS Integrates the order: Our Laboratory Information Management System (LIMS) integrates the bottle order and project management modules. LIMS allows your Project Manager to • Quickly generate bottle orders that match your established project methods • Provide you an inventory of bottles included in each order Temperature Control: We include temperature blanks to allow us to record the cooler temperature on sample receipt. Courier: Our staff of trained in-house couriers picks up and drops off samples in a timely manner. Our Project Managers communicate closely with the couriers to ensure schedules allow for sample pick up and return to meet short holding times. We understand that field schedules may change. Our couriers are able to respond quickly—just tell us when and where. Hiring/Training of Personnel Eurofins is committed to furthering the professional and technical development of employees at all levels. We conduct initial, on-going and annual training for all employees. We document all training and retain the records. HR tracks new employee training on a master employee form. The QA department tracks individual on-going and annual training through checklists, tests and other means, as appropriate. Page 26 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America We maintain records of training beginning with the first day of employment. For corporate and each Eurofins facility, there are written training procedures incorporating the mandatory facility and corporate training: • Quality • Human resources • Ethics • Safety • Technical job training aspects • Analytical methods • Confidentiality policies and procedures • DOT Training • HAZWOPER • Leadership In addition to position related training, the following is the basis for initial training: Minimum Required New Employee &Annual Training Time Frame Required Training Employee Type New Hire Annual Health &Safety Prior to lab work X All Ethics 1 week of hire X All Ethics (Comprehensive) 90 days of hire X All Confidentiality Policy and 1 week of hire X All Procedures Analytical Methods Prior to supervised X Technical method performance Analytical Demonstration of Prior to unsupervised X Technical Capability(DOC) method performance Data Integrity 30 days of hire X Technical Staff and Project Management Quality Assurance 90 days of hire X All Annual training is conducted for each of the topics in the Minimum Required Table. The Quality Assurance department maintains records of relevant authorization/competence, education, professional qualifications, training, skills and experience of technical personnel (including contracted personnel). As part of the training records retention, the QA department Page 27 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America maintains a database with all pertinent information: analyst name, methods performed, training/renewal required, and date analyzed. QA tracks and reviews the information in the database monthly, to ensure that all staff is trained at the appropriate frequency. Human Resources maintains the documentation on employment status, benefit programs, timekeeping/payroll, and employee conduct in the employee's secure personnel file. Analytical Training Following a period of study of the appropriate SOP, a new analyst moves to a hands-on training regimen. For a given period of time, the new analyst directly observes the instrument operation and maintenance. This observation period is followed by operation of the equipment and completion of the procedure, under direct supervision from a department manager and/or senior analyst. The duration of these time periods is determined through daily assessment by the department manager. Prior to operating independently, an analyst must perform and pass an Initial Demonstration of Capability (DOC). The laboratory's major accreditations are contingent upon documentation of acceptable initial as well as continuing demonstrations of capabilities. We conduct DOCs to evaluate the analytical performance of the analysts as well as the instruments. QA documents the DOC results on individual forms and retains the information in the QA training database. We check conformance to the requirements during annual internal QA audits. Analysts often receive training on new instrumentation. Depending on the instrument, training takes place either on-site during the instrument's installation by the manufacturer or at the manufacturer's facility. Analysts who receive training off-site are asked to train their colleagues, upon their return to the laboratory. We document all training and retain the records. DOT Training A certified in-house EH&S coordinator teaches basic DOT training via webinar. We invite an independent consultant firm to teach extended and specialized DOT training. Ethics Training All staff receives Ethics training. Comprehensive Ethics training is required as part of the initial training for all new employees. Annually, we conduct ethics refresher training with testing and acknowledgement documentation required for all employees. OSHA HAZWOPER Training A third-party consultant teaches the OSHA 40-hour initial HAZWOPER training. A certified in- house EH&S coordinator teaches the eight-hour annual refresher via webinar. Leadership Training & Professional Development A quality workforce begins by maintaining a financially healthy business with strong leadership. Eurofins provides our staff with advanced technology, expert training, continued career development, and a solid benefits program. Page 28 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Laboratory Operations Procedures Sample Analysis Process When samples arrive at the laboratory, a designated sample custodian • Inspects the cooler and custody seals • Examines the contents of the cooler • Records the cooler temperature • Inspects all documents to ensure the samples received match the Chain of Custody (COC) We will document any non-conformance, irregularity or compromised sample receipt and notify City of Fort Worth immediately. If the cooler's temperature upon arrival exceeds the required or method specified temperature range, we consider the sample receipt compromised. A sample custodian will record the temperature deviation in the project documentation. Once we check and verify sample(s), we log them into the LIMS (Laboratory Information Management System). LIMS assigns each sample container a unique Sample Identification Number, which is cross-referenced to City of Fort Worth's identification number. A sample custodian labels each sample container with its unique barcode for sample identification. Within one business day of the completed login process, your Project Manager will email City of Fort Worth the receipt confirmation and login summary. If another laboratory, either network or external subcontractor, will be performing some of the analyses, we appropriately package and send out the samples under COC. Following sample labeling,we place the sample(s) in an access-controlled storage area.We store all samples according to method requirements and in a manner preventing cross contamination or environmental contamination. Unless specified by method or state regulation, we use a tolerance range of 0-6 degrees Celsius for samples that require cooling. We monitor and document the sample storage temperatures. Sample Preparation, Analysis As soon as we complete the sample login, LIMS notifies laboratory personnel of 1) samples that are ready for analysis 2) rush and short holding times so preparation and analysis can begin as soon as possible. LIMS communicates the login information for each sample batch analysis group to the analyst. This includes identification of appropriate sample preparation, SOPs and extracts clean-up SOPs. If an analyst encounters any issues during sample analysis, the analyst notifies the Project Manager. Your Project Manager will contact City of Fort Worth to discuss, as appropriate. We capture any non-conformances in LIMS, and the quality assurance department tracks them. Your Project Manager monitors the status of the analyses through LIMS and through regular communication with any support laboratories. Page 29 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Data Processing The analyst executes the first-tier review of all data at the bench level. The analyst is responsible for ensuring that the • analytical data are correct and complete • laboratory has followed the appropriate SOPs • QC results are within acceptable limits. The group leader/supervisor executes a second-tier technical review. Upon approval and release of the data, the lab compiles the data and performs a third-tier review for completeness. Reportinc The laboratory will provide City of Fort Worth with an analytical report and Electronic Data Deliverables (EDD) compliant with RFP specifications. We will submit all reports and EDDs to the City of Fort Worth point of contact and upload them to MyEOL®. If upon review, City of Fort Worth determines that the results require contingency analyses, your Project Manager will initiate the appropriate notifications and analyses. We will report the results in the turnaround time specified, repeating the process in the above paragraphs. Sample uisposal and Keturn After we have completed the requested analyses, the sample custodian will maintain any remaining sample volume and sample extracts for a minimum of 30 days. Following that storage period, Eurofins will dispose of samples, sample extracts and digestates in full compliance of disposal regulations. Data Archiving and Retrieval Eurofins records retention policy requires that we retain all data and project records for a minimum of five years. This includes all data reports and raw data associated with those reports, including: • COC information • Instrument tuning and calibration records • Analytical raw data We also archive all other pertinent data, not associated with a specific project, including SOPs, standards preparation records, instrument maintenance logs, etc. for a minimum of five years. Our standard practice is to maintain all records, except for original COCs, in electronic format for long-term data storage. We archive the final reports in electronic Adobe PDF format, and store them on a server accessible to the client, upon request. Page 30 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Inventory Tracking Eurofins uses the LIMS to track all samples within the laboratory. The laboratory will maintain internal COC of samples, including samples we hold for future analysis and long-term storage. The laboratory also maintains an extract archival system. We maintain a record of the sample and extract inventory from sample receipt, storage and archival to final sample deposition. Instrumentation We have unparalleled capability and capacity to process analytical samples. Our extensive network provides you with the assurance that Eurofins can process most analyses, regardless of volume, location or requirements. We have more instrumentation redundancy than any other laboratory network. We will successfully manage your projects, both large and small. Our instruments are selected from leading manufacturers based upon reliability, ease of operation, and the ability to perform within the precision and accuracy criteria specified in stringent industry methods and protocols. All equipment in Eurofins facilities are maintained in excellent physical condition to meet our rigorous performance goals. A listing of current instrumentation is provided as Attachment 10. Capacity Eurofins constantly monitors commitments made by our laboratory using a sophisticated forecasting database, continuous feedback from our Account Executives and daily communications from our highly experienced Client Service representatives. We can reserve capacity through strategic planning which includes the effective utilization of our comprehensive Eurofins laboratory network for work-sharing analyses, or by shifting the analytical focus of our highly proficient cross-trained staff to areas of high capacity: we can ensure that the personnel necessary to perform the scope of work will be available. In addition, we maintain Technology Managers to ensure that our instrumentation is continuously maintained at peak levels of operation and can be immediately assessed and brought back on-line when service is required. The following table provides estimated weekly and monthly capacity for a variety of analyses performed at Eurofins laboratories. Eurofins Xenco Laboratory Capacity Functional Area eekly Monthly Ad apacity Capacity ICP (6010B/200.7/6020/200.8) 1000 4000 Metals CVAA-Mercury(245.1/7470/7471) 800 3200 Prep 800 3200 Various Methods 1,500 6,000 Wet Chemistry TOC 600 2400 Page 31 City of Fort Worth e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Functional Area Test Weekly F—AYllonthly 0 IC 400 1,600 BOD/cBOD 400 1,500 CN 160 600 TPH-DRO (8015B- Extractable 75 300 Hydrocarbons) TPH-DRO (TX1005) 500 2000 Gas Chromatography TPH-DRO (TX1006) 20 80 SVOC Glycols/Alcohols (8015B) 300 1,200 Pesticides/PCBs (8081A/8082/608) 300 1,200 Herbicides (8151A) 125 500 Mass Spectroscopy VOCs (8260B/624) 800 3200 SVOCs (8270C/625) 400 1600 Eurofins J3 Laboratory Capacity Eurofins J3— Houston IMF PLM - EPA Method 600/R-93/116 2,500 lrnnO 00 PCM—NIOSH 7400 1,200 , TWA 1,200 6,000 Asbestos CARB 435 0 0 Point Counting—200, 400 and 1000 500 2,000 Gravimetric Point Counting 150 150 Analytical Reports Eurofins Xenco produces data deliverables that are compliant with the respective federal, state and project requirements. Eurofins Xenco will provide various types of data reports, based on your project's needs. Our laboratories provide data results in your selected electronic format directly from our proprietary Laboratory Information Management System (LIMS). Our automated data upload eliminates the need for manual data entry from the laboratory instruments including all organics, metals and some automated wet chemistry tests. For any wet chemistry tests that require manual Page 32 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America data entry, Eurofins Xenco's Quality Program requires that the supervisor or another analyst verify all data entry prior to updating it in LIMS. The analyst and/or supervisor signs the original log sheets to confirm the accuracy of the manual entry. The EDD programs extract the data from the same LIMS database libraries, as those used to create the final report. Our standard and expanded deliverables include the following items: Standard, Level II Report Expanded, Level IV Report Case Narrative Level II Report Executive Summary Shipping documents Method and Sample Summaries Raw data, including Instrument Analytical Results by Sample Printouts and Chromatograms QC Section Method Blank, LCS and site-specific Matrix Spike/Spike Duplicates (MS/MSD) Chain-of-Custody Sample results are immediately available on MyEOL®.And we email the data in an electronic file and/or PDF format to the appropriate City of Fort Worth contact when the analysis of the sample group is completed. Turnaround Time We know that receiving timely analytical data will keep City of Fort Worth's project on schedule and on budget. Eurofins Xenco commits to meeting your turnaround times. The standard turnaround time for the analytical results will be 10 business days. We calculate the turnaround time from the date of acceptable sample receipt by the laboratory to the date we provide the final report. We do not consider nationally recognized holidays, as well as Saturdays and Sundays, as business days. Expedited turnaround times may be available and must be pre-approved by the laboratory. Expedited turnaround delivery is contingent upon meeting the agreed upon delivery date/time and number of samples. Eurofins expedited turnaround time surcharges are: • 5 business days TAT = 15% • 2 business days TAT = 75% • 3 business days TAT = 45% • 1 business day TAT = 100% We request that City of Fort Worth coordinate all rush turnaround time requests with your Project Manager. Please note: turnaround time for Biological Tissue samples require 15 to 20 days. Additionally, should City of Fort Worth expand your list of analyses, there may be methods that require more than 10 business days to perform. If this occurs, your Project Manager will notify city of Fort Worth and identify the appropriate turnaround time. Page 33 City of Fort Worth ti�ti e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America Eurofins Xenco's Laboratory Information Management System (LIMS)tracks turnaround times on a real-time basis. Weekly, we generate and distribute reports of the turnaround time compliance to laboratory management and general managers. MyEOL® MyEOL® is Eurofins online data delivery solution, available to all clients at no added cost. Allowing clients to track all aspects of their environmental data program, MyEOL® provides an additional means for clients to interact with their laboratory. Accessible from any web browser, MyEOL® provides the following benefits to our clients: • Rapid access to data for real time decision making • Customizable EDD creation • Data trending capabilities by sample and analyte • Budgeting tool for analytical projects • Project status updates for results, electronic deliverables and other documents generated for your project • Downloadable project documentation; invoices, reports, EDDs, and COCs • Customizable displays capturing data in single grid and single click downloads to Excel • Multi-project report generation capabilities allowing for the consolidation of multiple sample events into one EDD report • Preloaded regulatory limits enabling the comparison of client results to existing regulatory standards. • Ability to create personalized limits capable of comparison to client results Following guidance from the National Institute of Standards and Technology(NIST SP 800-171), Eurofins has upgraded processes to improve data securing. Delivery of data to clients via MyEOL®offers clients improved security over traditional, non-encrypted email messages. ►ne mytULQ9 system is ava►►awe tree of charge to au turot►ns customers. Invoicing Eurofins routinely supports many different invoicing requirements as dictated by client systems, including a wide variety of invoice formats and client specific information on a per invoice basis. Different submittal practices, from hard copy invoices to electronic and website portal submittals are available, as well as alternate invoice submittal schedules. We can provide additional invoicing reports — semiannual or annual revenue summaries — as needed. Once generated, your invoices and account balance are available on Eurofins' web-based client services management system, MyEOL® Invoices can be created in a variety of formats to meet City of Fort Worth's needs. City of Fort Worth has the option to receive the following formats: Page 34 City of Fort Worth 0 ,% e u r o f i n s ENV 22-06: LAB Environment Testint Environmental Laboratory Analysis America • Hard copy invoices via US mail • An electronic version through an e-procurement system • An electronic copy from MyEOL® Unit prices for each client are maintained in Eurofins' Laboratory Information Management System (LIMS) and thoroughly reviewed for accuracy. This ensures that as the invoices are generated directly from LIMS, they are accurate. Eurofins' invoice system allows for invoice generation in any specified timeframe. Routinely, invoices are generated as final data reports are completed and submitted with the data report. However, weekly, bi-weekly or monthly invoice generation can be easily accommodated. Page 35 Table 1 Item Digestion Unit Price Number Test and Method / Filtration 7 day 3 day 24 Hour Petroleum 1 BTEX(EPA 8021B) $ 30.00 $ 43.50 $ 60.00 2 BTEX(EPA 8260) $ 30.00 $ 43.50 $ 60.00 3 BTEX&MTBE(EPA 8021B) $ 32.00 $ 46.40 $ 64.00 4 BTEX&MTBE(EPA 8260) $ 32.00 $ 46.40 $ 64.00 5 Ethylene Glycol $ 65.00 $ 94.25 $ 130.00 6 MTBE(8021B) $ 30.00 $ 43.50 $ 60.00 7 MTBE(8260) $ 30.00 $ 43.50 $ 60.00 8 TPH (TX 1005) $ 45.00 $ 65.25 $ 90.00 9 TPH (TX 1006) $ 125.00 $ 181.25 $ 250.00 10 TPH (EPA 8015 DRO/GRO) $ 55.00 $ 79.75 $ 110.00 11 PAH(EPA 8310) $ 90.00 $ 130.50 $ 180.00 12 PAH(EPA 8270) $ 80.00 $ 116.00 $ 160.00 13 TCLP/SPLP PAH $ 105.00 $ 152.25 $ 210.00 14 Oil&Grease(EPA1664) $ 50.00 $ 72.50 $ 100.00 15 PCBs in oil(EPA 8082) $ 50.00 $ 72.50 $ 100.00 16 PCBs in soil/water(EPA 8082) $ 55.00 $ 79.75 $ 110.00 17 TCLP/SPLP Benzene(EPA 1311/1312/8020) $ 60.00 $ 87.00 $ 120.00 18 TCLP/SPLP Benzene(EPA 1311/1312/8260) $ 60.00 $ 87.00 $ 120.00 Organics 19 Pesticides,Chlorinated(EPA 8081) $ 85.00 $ 123.25 $ 170.00 20 TCLP/SPLP Pesticides(EPA 1311/1312/8081) $ 115.00 $ 166.75 $ 230.00 21 Pesticides,Organophosphorus(EPA 8141) $ 115.00 $ 166.75 $ 230.00 22 Herbicides(EPA 8151) $ 115.00 $ 166.75 $ 230.00 23 Volatiles,VOCs(EPA 8260B) $ 65.00 $ 94.25 $ 130.00 24 TCLP/SPLP VOCs(EPA 1311/1312/8260B) $ 90.00 $ 130.50 $ 180.00 25 Semi Volatiles,SVOCs(EPA 8270) $ 145.00 $ 210.25 $ 290.00 26 TCLP/SPLP SVOCs EPA(1311/1312/8270) $ 175.00 $ 253.75 $ 350.00 Item Digestion Unit Price Number Test and Method / Filtration 7 day 3 day 24 Hour 27 TCLP/SPLP Full (pesticides, herbicides,VOC,SVOC,&Metals) $ 520.00 $ 910.00 NA 28 Acid Extractable(EPA 625/8270C) $ 75.00 $ 108.75 $ 150.00 29 1 Base/Neutral Extractable(EPA 625/8270C) $ 75.00 $ 108.75 $ 150.00 Metals(specify 6010 or 6020-if both available,provide cost of each,if different) TCLP/SPLP 8 RCRA Metals 30 (EPA 1311/1312/6010B/6020) $ 95.00 $ 137.75 $ 190.00 31 TCLP/SPLP 13 PP Metals(EPA 1311/1312/6010B/6020) $ 105.00 $ 152.25 $ 210.00 Page 36 32 TCLP/SPLP,one metal (EPA 1311/1312/6010B/6020) $ 50.00 $ 72.50 $ 100.00 33 Total 8 RCRA Metals(EPA 601013/6020) $ 65.00 $ 94.25 $ 130.00 34 Total 13 PP Metals(EPA6010/6020) $ 75.00 $ 108.75 $ 150.00 35 Aluminum (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 36 Antimony(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 37 Arsenic(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 38 Barium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 39 Beryllium((EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 40 Boron(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 41 Cadmium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 42 Calcium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 43 Chromium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 44 Chromium VI (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 45 Cobalt(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 46 Copper(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 47 Iron(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 48 Lead (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 49 Magnesium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 50 Manganese(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 51 Mercury(EPA 7470/7471) $ 20.00 $ 29.00 $ 40.00 52 Molybdenum (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 53 Nickel(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 54 Potassium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 55 Selenium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 56 Silver(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 57 Sodium(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 58 Thallium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 59 Tin(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 60 Titanium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 61 Vanadium (EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 Item Digestion Unit Price Number Test and Method Filtration 7 day 3 day 24 Hour 62 Zinc(EPA 6010/6020) $ 8.00 $ 11.60 $ 16.00 63 Metal Digestion per required digestion(EPA 3010, 1050) $ 10.00 $ 14.50 $ 20.00 Hazardous Waste 64 TOX(SW 846:9020B or 9022) $ 100.00 $ 145.00 $ 200.00 65 RCI (SW846 Various Methods) $ 90.00 $ 130.50 $ 180.00 66 Corrosive,Steel(EPA 1110) $ 25.00 $ 36.25 $ 50.00 67 Corrosive, pH(EPA 9045) $ 10.00 $ 14.50 $ 20.00 68 Reactivity,Cyanide(EPA 9010) $ 30.00 $ 43.50 $ 60.00 69 Reactivity,Sulfide(EPA 9030) $ 30.00 $ 43.50 $ 60.00 70 pH(EPA 9040B) $ 10.00 $ 14.50 $ 20.00 71 Ignitability(Flash Point) by SW 1010 $ 20.00 $ 29.00 $ 40.00 Page 37 72 Paint Filter(EPA 9095) 1 $ 10.00 $ 14.50 $ 20.00 73 BTU 1 $ 75.00 $ 108.75 1 $ 150.00 Drinking/Waste Water/Surface Water (specify 200.7 or 200.8-if both available,provide cost of each,if different) 74 Total Organic Carbon(EPA 413.1) $ 25.00 $ 36.25 $ 50.00 75 Alkalinity,Total (EPA 305.1) $ 20.00 $ 29.00 $ 40.00 76 BOD(EPA 405/Std Meth 5210B) $ 30.00 $ 43.50 $ 60.00 77 Chloride(EPA 300.0 or Std Method 4500CIB) $ 15.00 $ 21.75 $ 30.00 78 COD(EPA 410.4) $ 20.00 $ 29.00 $ 40.00 79 Corrosivity, pH(EPA 150.1) $ 12.00 $ 17.40 $ 24.00 80 Carbaryl (EPA 531.1/553/632) $ 100.00 $ 145.00 $ 200.00 81 Diazinon(EPA 1657) * substitute 525.5 $ 200.00 $ 290.00 $ 400.00 82 E coli, MPN $ 35.00 $ 50.75 $ 70.00 83 Fecal Coliform (Std Method 9221 E) $ 35.00 $ 50.75 $ 70.00 84 Fecal Streptococcus(Std Method 9230 C) $ 40.00 $ 58.00 $ 80.00 85 Hardness,Total as CaCO3(Std Method 2340 B or C) $ 25.00 $ 36.25 $ 50.00 86 Nitrogen,Ammonia(EPA 350.2) $ 20.00 $ 29.00 $ 40.00 87 Nitrogen, Nitrate+Nitrite(EPA 353.3) $ 20.00 $ 29.00 $ 40.00 88 Nitrogen,Total Kjeldahl (EPA 351.3) $ 27.00 $ 39.15 $ 54.00 89 Nitrogen,Total (EPA 300) $ 30.00 $ 43.50 $ 60.00 90 Phosphorus,Total(EPA 365.3) $ 20.00 $ 29.00 $ 40.00 91 Phosphorus,Dissolved(EPA 365.2) $ 22.00 $ 31.90 $ 44.00 92 Solids,Total Dissolved-TDS(EPA 160.1) $ 17.00 $ 24.65 $ 34.00 93 Solids,Total Suspended-TSS(EPA 160.2) $ 17.00 $ 24.65 $ 34.00 94 Solids,Total (EPA 160.3) $ 12.00 $ 17.40 $ 24.00 95 Sulfate(EPA 375.2 or 300.0) $ 17.00 $ 24.65 $ 34.00 Item Digestion Unit Price Number Test and Method / Filtration 7 day 3 day 24 Hour 96 Trihalomethanes,Total (EPA 501) *524.2 Substituted $ 75.00 $ 108.75 $ 150.00 97 Turbidity(EPA 180.1) $ 15.00 $ 21.75 $ 30.00 98 Aluminum (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 99 Arsenic(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 100 Cadmium (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 101 Chromium (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 102 Copper(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 103 Iron(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 104 Lead (EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 105 Manganese(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 106 Mercury(EPA 245.1) $ 20.00 $ 29.00 $ 40.00 107 Silver(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 108 Zinc(EPA 200.7/200.8) $ 8.00 $ 11.60 $ 16.00 109 Filtration,Aqueous Sample $ 5.00 $ 7.25 $ 10.00 Biological Tissue 110 Total 8 RCRA Metals(EPA 6010C/7471) $ 100.00 NA I NA Page 38 111 Chlorinated Pesticides(EPA 8081B) $ 200.00 NA NA 112 PCB Aroclors(EPA 8082) $ 85.00 NA NA 113 PCB Congeners(EPA 1668A) $ 800.00 NA NA 114 Volatiles,VOCs(EPA 8260) $ 80.00 NA NA 115 Semi Volatiles,SVOCs(EPA 8270) $ 210.00 NA NA 116 %Lipid $ 70.00 NA NA 117 Sample homogenate preparation charge $ 95.00 NA NA 118 Other sample digestion/extraction charge $ 95.00 NA NA Table 2 Item Test and Method Unit Price Number 7 day Asbestos Analyses 1 PLM/DS(Polarized Light Microscopy/Dispersion Staining) $ 9.00 EPA Method 600/R-93/116 2 PLM-Insulation $ 9.00 EPA 600/M4-82-020: Interim Method for the Determination of Asbestos in Bulk Insulation Samples PLM Point Count 200 3 EPA Method 600/R-93/116 N/A PLM Point Count 400 4 EPA Method 600/R-93/116 $ 20.00 PLM Point Count 1000 5 EPA Method 600/R-93/116 $ 42.00 PCM (Phase Contrast Microscopy) NIOSH 7400 6 $ 9.00 TEM-Bulk 7 EPA Method 600/R-93/116 $ 32.00 TEM-Gravimetric Chatfield or NY ELAP Method 8 198.4(TEM with Gravimetric Prep) $ 40.00 TEM—DUST 9 ASTM—5755(Micro Vac) $ 85.00 TEM—DUST 10 ASTM—6480(Wipe) $ 85.00 Page 39 2.9 LIST OF SUBCONTRACTORS Providers shall complete the following information and submit it with the Proposal Documents to permit the City of Fort Worth to more fully evaluate the submittal's quality prior to awarding the contract. For each subcontractor to be used for services under this contract(including any branch locations of the prime contractor if anticipated to be utilized), provide the information requested in the table below and include the following information with the proposal: a) Subcontractor experience and qualifications(as detailed in Section 2.5 of the RFP) pertinent to the services to be provided under the contract. b) Proof of current NELAP Accreditation for the analyses to be performed by the subcontractor Subcontractor's Subcontractor's Subcontractor's Subcontractor's Proposed Tasks Name Address Telephone No. Email on the Project Eurofins J3 Resources 6110 W 34th St. 713-290-0221 SWard@j3resources.com Asbestos Houston TX Eurofins Lancaster 2425 New Holland Pk 717-823-7123 Melissa.McDermott@ support for Biological Lancaster,PA 17601 ET.EurofinsUS.com Tissue methods IF NECESSARY, PROVIDE MORE SHEETS TO DESCRIBE ADDITIONAL SUBCONTRACTORS. ENV 22-06 Page 23 of 32 August 9,2022 Page 40 2.10 INSURANCE FOR PURPOSES OF THIS REQUEST FOR PROPOSAL,PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S)FOLLOWING THIS SECTION AND BOUND WITHIN THE PROPOSAL PACKAGE. The successful Provider will be required by the contract to have insurance coverage as detailed below. Prior to commencing work,the Provider shall deliver to Fort Worth certificates documenting this coverage.The City may elect to have the Provider submit its entire policy for inspection. Insurance coverage and limits: Provider shall provide to the City certificate(s)of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the contract: 1. Commercial General Liability o $1,000,000 each occurrence o $2,000,000 aggregate 2. Automobile Liability o $1,000,000 each accident,or o $250,000 property damage/$500,000 bodily injury per person per accident A commercial business auto policy shall provide coverage on "any auto,"defined as autos owned, hired and non-owned during the course of this project. 3. Worker's Compensation o Coverage A: statutory limits o Coverage B: $100,000 each accident $500,000 disease-policy limit $100,000 disease-each employee Waiver of Subrogation required. 4. Professional Liability o $1,000,000 each occurrence o $2,000,000 aggregate Professional Liability Insurance shall be written on a project specific basis. The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five(5)years following completion of the contract(Tail Coverage). An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. 5. Environmental Impairment Liability and/or Pollution Liability o $4,000,000 per occurrence. EIL coverage(s) must be included in policies listed in items 1 and 4 above;or,such insurance shall be provided under a separate policy or policies. Liability for damage occurring while loading, unloading and transporting materials collected under the contract project shall be included under the Automobile Liability ENV 22-06 Page 24 of 31 August 9,2022 Page 41 insurance or other policy(s). 6. Asbestos Abatement Insurance-$2,000,000 each occurrence with no Sunset Clause. o NOT APPLICABLE FOR THIS PROJECT Certificates of insurance evidencing that the Provider has obtained all required insurance shall be delivered to the City prior to Provider proceeding with the contract. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon,as its interests may appear. The term City shall include its employees,officers,officials,agents,and volunteers as respects the contracted services. 2. Certificate(s)of insurance shall document that insurance coverage specified according to items in section (a)above are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty(30)days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Provider's insurance policies. Notice shall be sent to Roger Grantham, City of Fort Worth—Environmental Quality Division,200 Texas Street, Fort Worth,Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and,such insurers shall be acceptable to the City in terms of their financial strength and solvency. 6. Deductible limits,or self-insured retentions,affecting insurance required herein shall be acceptable to the City in its sole discretion; and,in lieu of traditional insurance,any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. 8. The City shall be entitled, upon its request and without incurring expense,to review the Provider's insurance policies including endorsements thereto and,at the City's discretion,the Provider may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of Provider's overhead. 11. All insurance required in section (a)above, except for the Professional Liability insurance policy,shall be written on an occurrence basis in order to be approved by the City. 12. Subcontractors to the Provider shall be required by the Provider to maintain the same or reasonably ENV 22-06 Page 25 of 31 August 9,2022 Page 42 AGENCY CUSTOMER ID: CN134111012 LOC#: Philadelphia a ,a`oRo ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Eurofins Environment Testing South Central,LLC POLICY NUMBER 4147 Greenbrier Drive Stafford,TX 77477 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Professional Liability: (a)$5,000,000 each Claim(or each series of Related Claims) (b)$5,000,000 Policy Aggregate Limit (c)$2,500,000 sublimit each Claim and in the aggregate for Defense Expenses in respect of Patent Infringement ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 44 Page 1 of 1 ACaRIJ� DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 01�20/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 FAX 1-888-467-2378 AIC No Ext: (A/C,No): E-MAIL certificates@willis.cam P.O. Box 305191 ADDRESS: Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Travelers Property Casualty Company of Ame 25674 INSURED INSURER B: Eurofins Environment Testing South Central, LLC 4147 (R EENBRIAR DR INSURER C STAFFORD, TX 77477-3907 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W23808932 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDPOLICY LTR IYYYYI JMM/DDfYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T CLAIMS-MADE 1:1OCCUR PREM SESOE.occurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BC2J-CAP-162D3822-TIL-22 01/01/2022 01/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER PER 1,000,000 EMPLOYERS'LIABILITY YIN STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? No NIA i1H-2R857672-22-I2-X Ol/Ol/2022 Ol/Ol/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Excess Auto Liability BJEX-9P529942-TIL-22 01/01/2022 01/01/2023 $3,000,000 excess of $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Evidence of Insurance ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 22073104 Page 45 RATcR: 2381224 equivalent insurance coverage as required for the Provider.When subcontractors maintain insurance coverage, Provider shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated,such cancellation or termination shall not constitute a breach by Provider of the contract. 2.11 PROVIDER'S LICENSES&CERTIFICATES Provider shall procure all permits and licenses,pay all charges,costs,and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. Provider should provide a copy of the appropriate certifications, registrations,and licenses and related certificates(including Subcontractors)with their submittal including but not limited to: Provider shall provide necessary company licenses and certifications required to complete the project: • current Texas Sales/Use Tax Certificate • current Texas Secretary of State Business/Company Registration exhibiting Officers of Business/Company • current Certificate of Good Standing(Texas Secretary of States' office) Provider shall complete a staff matrix including the following information detailing the provider's key personnel,their qualifications,and years of experience for staff that will be providing services associated with this Solicitation. Provider shall provide at least four(4)project references similar in scope and size to that of this Solicitation. Each project reference shall include the following information: • Company's Name • Name and Title of Contact/Project • Email, Phone, and Address of Contact • Contract/Project Value • Brief Description of Service Provided Provider shall submit the following items included in this bid submittal,in the same order as listed, following this page, bound within the response. Provide an organization chart that details the communication channels between the Contractor and City of Fort Worth personnel for this contract. ATTACH COPIES OF CURRENT APPLICABLE LICENSES AND CERTIFICATES FOLLOWING THIS PAGE AND BOUND WITHIN THE PROPOSAL PACKAGE There are no applicable permits,licenses or registrations required for analytical support of the City's program.All NELAP and NVLAP Certifications are provided. 2.12 PROVIDER'S LEGAL AND COMPLIANCE HISTORY Provider's legal and compliance history is a critical component of this Request for Proposal. Read this section with care and respond accordingly. Failure of the Provider to provide all the information requested and to certify the report,will result in the Provider's submittal being declared non-responsive. ENV 22-06 Page 26 of 32 August 9,2022 Page 46 Provider shall attach a written report of legal action brought against Provider,Provider's officers, Provider's employees, AND Provider's proposed subcontractors relating to the protection of the environment. The terms"legal action"and "relating to the protection of the environment"are defined below. The report shall include all legal action brought within five(5)years of the closing date of this Request for Proposal.The report shall detail the substance,status,and outcome of such legal action. This includes without limitation the names of the agency and/or persons bringing the action,all relevant dates,and all fines,judgments,and/or settlements. Include the following information for each case at a minimum: • Style of Case(X vs.Y) Settlement Information (as appropriate) • Cause Number Names/Addresses of all parties named • Court Counsel List and phone numbers • Date of Disposition Judgment and Order of Judgment "LEGAL ACTION" means:ANY enforcement action by the United States Environmental Protection Agency,the Occupational Safety and Health Administration,any other federal agency,the Texas Commission on Environmental Quality(including its predecessor agency the Texas Natural Resource Conservation Commission),the Texas Department of State Health Services(including its predecessor agency the Texas Department of Health),and any other state agency,commission or department,whether in Texas or elsewhere,when such enforcement action is a result of violations, real or alleged,of any laws, licenses, permits,judicial orders,or administrative orders, relating to the protection of the environment. In this context,enforcement action shall include without limitation,written warnings, notices of violation,consent orders or agreements,compliance orders,administrative hearings,civil litigation,and criminal prosecution. Legal action also means any civil litigation brought by any person relating to the protection of the environment. "RELATING TO THE PROTECTION OF THE ENVIRONMENT" means: requirements pertaining to the manufacture, processing, distribution, use, handling,storage,transportation, reporting, records keeping, permitting, licensing,treatment,disposal,emission, discharge, spill, release, or threatened release of hazardous materials, hazardous substances, hazardous wastes,toxic substances, petroleum, industrial waste, solid waste, pollutants or contaminants into or onto the air,surface water, drinking water, groundwater,stormwater, publicly owned treatment works,or land. THE REPORT SHALL BE SIGNED AND CERTIFIED by an authorized representative of the Provider, using the form on the following page.The top portion of the form is to be completed if a report of legal action is attached. The bottom portion of the form is to be completed if Provider has no legal action to report. Make certain that the appropriate portion of the form is filled out and signed. ENV 22-06 Page 27 of 32 August 9,2022 Page 47 AN AUTHORIZED REPRESENTATIVE OF THE PROVIDER shall mean: (1) if the Provider is a corporation: the president,secretary,or treasurer,or a vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation; (2) if the Provider is a partnership,a general partner;and (3) if the Provider is a sole proprietorship,the sole proprietor. INCLUDE A COPY OF THE REPORT OF LEGAL ACTION FOLLOWING THE CERTIFICATION PAGE AND INCLUDED WITHIN THE PROPOSAL PACKAGE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ENV 22-06 Page 28 of 31 August 9,2022 Page 48 Certification of Provider's Legal and Compliance History Complete ONE of the Following Certifications: Certification of Legal Action Report I certify under penalty of law that the attached Legal Action Report detailing Provider's, Provider's officers, Provider's employees,and Provider's proposed subcontractors legal and compliance history relating to the protection of the environment was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. PROVIDER: Eurofins Environment Testing South Central,LLC BY: Alejandro Montoya ,, Company Name (print or type name of signatory) President ( ig ature) Title(print or type) 9/28/22 Date Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Provider, Provider's officers,Provider's employees,and Provider's proposed subcontractors was researched under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information, I hereby certify that no legal action relating to the protection of the environment was brought against Provider, Provider's officers, Provider's employees, or Provider's proposed subcontractors within the preceding five years. To the best of my knowledge and belief,this statement is true, accurate,and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. PROVIDER: BY: Company Name (print or type name of signatory) (signature) Title(print or type) Date ENV 22-06 Page 29 of 32 August 9,2022 Page 49 US EPA Violations: at Date of Date of Entity Agency Nature of Action Settlement I Settled I Occurrence Notice Involved Remedies I Outcome Dismissed I Closed 6112f2017 816/2018 Eurofins US EPA Notice of Violation: RCRA Eurofins TestAmerica 112112D19 TestAmerica violation related to signed a Consent Denver hazardous waste storage Agreement-,fined $60 K 2/2612019 413012D18 Eurofins US EPA Potential Notice of Eurofins TestAmerica 5/24/2D19 TestAmerica Violation- Hazardous signed a Consent Nashville waste storage violations Agreement. Fined $150K 5/1912019 10130/2018 Eurofins US EPA Notice of Violation, Haz waste containers 11/27/2019 TestAmerica compliance inspection. were immediately Edison Findings included Haz labeled,and logbook Waste containers not completed.The 2 marked, not disposed containers aver 9D within 9D days days were immediately correctly relabeled with the day placed in storage,not when the jars were initiated- No fines were issued. 7/1712019 81312018 Eurofins US EPA Notice of Violations-Eight Eurofins TestAmerica 813012D18 TestAmerica Region 7 citations issued,included responded with Cedar Falls liquid waste container not immediate remedies properly identified and and corrective actions. labelled-waste soiltsolid No fines were material not included in assessed. regular waste consolidation. Page 50 2.13 PREVAILING WAGE RATE A Contractor selected for this project will be required to comply with TEXAS GOVERNMENT CODE,Chapter 2258,with respect to payment of Prevailing Wage Rates for public works contracts. The current wage scale for members of the Building and Construction trade may be found at: httmllwww.texoassociation.ora/Chapter/waaerates.asp. A worker employed on a public work by or on behalf of the City of Fort Worth shall be paid not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the City of Fort Worth. The contractor who is awarded a public work contract,or a subcontractor of the contractor,shall pay not less than the prevailing wage rates to a worker employed by it in the execution of the contract. A contractor or subcontractor who violates this requirement shall pay to the City of Fort Worth,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. This requirement does not prohibit the contractor or subcontractor from paying an employee an amount greater than the prevailing wage rate. The undersigned acknowledges the requirements of Chapter 2258 of the Texas Government Code, and intends to comply with same in the execution of this project. Not applicable to Laboratory Testing Services CONTRACTOR: Eurofins Environment Testing South Central,LLC BY: Alejandro Montoya Company Name (print or type name of signatory) 9701 Harry Hines Blvd. ✓� Address (Signature) Dallas,TX 75220 President City,State,Zip Title (print or type) ENV 22-06 Page 30 of 32 August 9,2022 Page 51 2.14 WORKER'S COMPENSATION COMPLIANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended,Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, designated "ENVIRONMENTAL LABORATORY ANALYSIS;ENV 22-06:LAB." Contractor further certifies that, pursuant to Texas Labor Code,Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Eurofins Environment Testing South Central,LLC By: Alejandro Montoya Company (Please Print) 9701 Harry Hines Blvd. Signature: ' Address Dallas,TX 75220 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENT: COUNTY OF TARRANT § BEFORE ME,the ff undersigned authority,on this day personally appeared b known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as the act and deed of ' -y% for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY D AND EAL F E this;_48Lrfay of 2017 Not Public in and for tlpe tate o exas ENV 22-06 Page 31 of 31 August 9,2022 Page 52