HomeMy WebLinkAboutContract 59898CSC No. 59898
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is between the City
of Fort Worth, a Texas home -rule municipality ("City"), and BLACK &
VEATCH MANAGEMENT CONSULTING, LLC authorized to do business in Texas
("Consultant'), for a project generally described as: BENCHMARKING OF
LABORATORY SERVICES ("Project') — Project No. NA.
Article I
Scope of Services
(1) Consultant hereby agrees to perform professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be performed in connection with the Project.
(2) Additional services, if any, will be memorialized by an amendment to this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents,
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article II
Compensation
Consultant shall be compensated an amount up to $13,200 ("Contract Amount') in
accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered
full compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence. The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision hate: November 23, 2021
Page 1 of 10
Benchmarking of Laboratory services
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Consultant shall have exclusive control of and the exclusive right
to control the details of the work to be performed hereunder and of all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors. The doctrine of respondeat superior shall not
apply as between City and Consultant, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture
between City and Consultant.
Article V
Professional Competence
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its performance of the Services.
Article VI
Indemnification
CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR
NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Dale: November 23, 2021
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Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article Vlll
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination, unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perform, through no fault of the other and the nonperforming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article II of this Agreement and in accordance with Exhibit "B".
Article XI
Right to Audit
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement. Consultant agrees that City shall have access during normal
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
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working hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontractor agrees that City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Consultant and any
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
Article XII
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as
codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals
established for Agreement and its execution of this Agreement is Consultant's written
commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by
Consultant may result in the termination of Agreement and debarment from participating in City
contracts for a period of time of not less than three (3) years.
Article XIII
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect Agreement
and the work hereunder, and shall observe and comply with all orders, laws ordinances and
regulations which may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. Consultant agrees to defend, indemnify and hold harmless City and all of its
officers, agents and employees from and against all claims or liability arising out of the violation
of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its
subcontractor(s).
City of Fort Worth, Texas Bench mark! ng of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
Page 4 of 10
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractor(s) who perform work under Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall
provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under Agreement. Consultant shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Consultant employee who is not legally eligible to perform such
services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant,
shall have the right to immediately terminate Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division.
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such
right on any future occasion.
Article XVII
Severability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or,
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November23, 2021
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unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVIII
Notices
Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or
via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the
address of the other Party shown below:
City of Fort Worth
Attn: Dana Burghdoff
Asst City Manager, City Manager's Office
200 Texas Street
Fort Worth, Texas 76102-6314
Consultant:
Black & Veatch Management Consulting, LLC
Attn: Chris Klausner
550 Hope Street, Suite 2250
Los Angeles, CA 90071
KlausnerCJ@bv.com
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time -employees and the
contract value is $100,000 or more, 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" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Consultant certifies that Consultant's signature provides written verification
to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
Page 6 of 10
Article XX
Prohibition on Boycotting Energy Companies
Consultant 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, which
will 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,
Consultant certifies that Consultant's signature provides written verification to the
City that Consultant: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant 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 which will 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 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, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (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.
Article XXII
Headings
The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of Agreement.
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
Page 7 of 10
Article XXIII
Attachments, Schedules and Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
The following attachments and schedules are hereby made a part of Agreement:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Changes to Agreement
Attachment D - Project Schedule
Attachment E - Insurance Requirements
Attachment F - Verification of Signature Authority
City of Fort Worth, Texas Benchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
Page 8 of 10
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Dana BaHdoff
Dana Burghdoff(Jul 2 , 02320:17 CDT)
Dana Burghdoff
Assistant City Manager
Date: Jul 28, 2023
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ATTEST:
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Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:Christopher arder (Jul 14, 2023 16:54 CDT)
Chris Harder, P.E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY
l
By: DBlack (Jul 27, 202316:13 CDT)
Douglas W Black
Sr, Assistant City Attorney
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Dale: November 23, 2021
Page 9 of 10
BY:
CONSULTANT
Black & Veatch Management Consulting, LLC
Chris Klausner
Associate Vice President
Date: 6/8/2023
JRL
6 . 8 . 2 3 PM (A. Morales)
6/8/2023 ��
Form 1 295 No. N/A
M&C No,: N/A
M&C Date: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Benchmarking of Laboratory Services
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 re ing requirements.
/V`
e0ewi
anagement`Analyst II
City of Fort Worth, Texas Denchmarking of Laboratory Services
Standard Agreement for Professional Services
Revision Date: November 23, 2021
Page 10 of 10
Attachment A - Scope of Services
IMBLACK&VEATCH
April 12, 2023
Fort Worth Water
Rickey Lewis, MBA, MPA
2600 SE Loop 820
Fort Worth, TX 76140
RE: Fort Worth Laboratory Benchmarking Study
Dear Mr. Lewis:
Black & Veatch Management Consulting, LLC
550 Hope Street, Suite 2250, Los Angeles, CA 90071
P+I 913-458-4377 1 E IUausnerCJ(cbbv.com
In response to Fort Worth Water's (City), request for a scope of work and fee to update Black &
Veatch's 2016 Laboratory Benchmarking Study (2016 Study), Blacic & Veatch is pleased to provide
you with this proposal.
Scope of Services
Black & Veatch proposes to perform the following activities to update the 2016 Study:
At the start of this project, Black & Veatch will participate in a kick-off meeting with City to confirm
project goals and objectives, the nature of the deliverable, and the schedule. This meeting will be
via Microsoft Teams or a similar platform.
During the project, the Black & Veatch team will provide bi-weekly updates to the City on the
progress of the work, including difficulties encountered with survey requests. We propose
providing the City with these updates via a bi-weekly call using Microsoft Teams or a similar
platform.
li'oC v VAri:1dpos l:E>
Working with the City, we will prepare a preliminary list of participants to be surveyed. The initial
list will consist of a combination of no more than 12 utilities and commercial laboratories in
Texas.
If some requested survey participants decline to answer the survey, Black & Veatch will world with
the City to identify suitable additional labs/utilities for the survey, such that information from a
minimum of ten (10) respondents but no more than fifteen (15) is received.
11.�rGgop�,.�Awy plight,
Black & Veatch will update the survey template with the list of tests for which pricing is requested.
The preliminary list of 100 tests and testing methods is provided in Attachment A.
I���li�.re�l"�I►I�>�;
■ Black & Veatch will provide the City with an Excel file that includes the following:
BuildirIV, ;.r 1Alorld of Difference.
Attachment A - Scope of Services
■ Summary of results in a tabular- format
■ Listing of participants
■ A copy of the survey template
■ Prices provided by survey participants
254013-Total Solids
2540C-Total Dissolved Solids
2540D-Total Suspended Solids
2540E- Volatile Total Solids
2540E- Volatile TSS
2540E-Fixed TSS
2540G TS% in Solids
254OG VTS% in Solids
Adenosine Triphosphate
Alkalinity, Colorimetric
Ammonia as N
Ammonia by Hach
Ammonia Distillation Analysis
BOD, 5 Day
BOD, 7 Day
Calcium
Calcium Hardness
Calculated TDS (Total Dissolved Solids)
Calculated Total Nitrogen
Caustic Screen
CBOD
Chemical Oxygen Demand
Chloride
Chloride i
Chlorines
CN, Amenable to Chlorination
CN, Total
Conductivity
Cyanide Modified
Field Chlorine
Field Dissolved Oxygen
Field Free NH3 and Monochloramine
Field Nitrite
Field Oxidation Reduction Potential
Field pH
Field Temperature
Fluoride
Hardness I
SM 2540B Total Solids
SM 2540C TDS
SM 2540D TSS
SM 2540E Volatile Solids
SM 2540E Volatile Solids
SM 2540E Volatile Solids
SM 254OG % Solids in Solids
SM 254OG % Solids in Solids
ASTM D4012-81 ATP
EPA 310.2 Alkalinity
SM 4500-NH3D Ammonia
Hach 8038 Ammonia
SM 4500-NH3B,D Ammonia
SM 5210B BOD/CBOD
SM 5210B BOD/CBOD 7 Day
SM 3500CaB Calcium
SM 3500CaB Calcium
None
None
Caustic Screen
SM 5210B BOD/CBOD
Hach 8000 COD
SM 4500CIB Chloride
SM 4500CLE Chloride
SM 4500CIF Chlorines
ASTM D751 1-09e2 Total Cyanide
ASTM D751 1-09e2 Total Cyanide
SM 2510B Conductivity
Hach 8027 Cyanide (Modified)
Hach 10250 Chlorine Residual
Hach 8166 Dissolved Oxygen
Hach 10200
Hach 8507 Nitrite
None
SM 4500H+B Field pH i
SM 2550B Temperature
SM 450OF-C Fluoride
EPA 130.1 Total Hardness
Attachment A - Scope of Services
'1164: 4;;1 DA-E1<I'rljiz!II-jiI
Hardness
Hexavalent Chromium
Nitrate -Nitrite
Nitrite
Oil & Grease
Ortho-Phosphate
PartA Anions
PartB Anions
pH
pH for HCO3
Phenolphthalein Alkalinity (Titration)
Settleable Solids
Silica Modified
Specific Gravity Screen
Sulfate
TKN, Semi -Auto Colorimetry
Total Alkalinity (Titration)
Total Phosphorus
Turbidity
UV254
Volatile Acids
Coliform
Coliform, Quantitray
Fecal Coliform
Heterotrophic Plate Count
H PC 2 Day
Inhibitory Residue Test
Microcystin
Odor
Taste
Analysis by EPA 200.8 in Drinking Water
Analysis by EPA 200.8 in Solids
Analysis by EPA 200.8 in Waste Water
Hg in Wastewater
Low Level Mercury
Base/Neutrals and Acids
Bicarbonate by calculation
Carbonate by calculation
Carbonyls in Drinking Water
Chloral Hydrate in Drinking Water
Dissolved Organic Carbon
1ril=t�irozilLa-r=tsl'rlj���lleair
SM 2340C Hardness
EPA 218.7
SM 4500 NO3-H Nitrate
EPA 353.2 Nitrite
EPA 1664A HEM Extractibles
EPA 365.1 Ortho-Phosphate
EPA 300.0 PartA Anions
EPA 300.1 PartB Anions
SM 4500H+B pH
SM 4500H+B pH
SM 2320B Alkalinity
SM 2540F Settleable Solids
Hach 8185 Silica (Modified)
SM 271 OF Spec. Gravity Screen
EPA 375.4 Sulfate
EPA 351.2 TKN
SM 2320B Alkalinity
EPA 365.4 Total Phosphorus
SM 2130B Turbidity
SM 5910B UV254
SM 5560C Volatile Acids I
SM 9223B Coliforms
SM 9223B Coliforms
SM 9222D Fecal Coliform
SM 9215B
SM 9215B
SM 9020B, IRT
Beacon Microcystin Tube
SM 2170B
SM 2170B
1
EPA 200.8, ICP-MS Metals
EPA 200.8, ICP-MS Metals
EPA 200.8, ICP-MS Metals
EPA 245.1 Mercury
EPA 245.7 Low Level Mercury
EPA 625 Semi -Vol (Modified)
SM 4500-CO2D Carbonate
SM 4500-CO2D Carbonate
EPA 556 Carbonyls
EPA 551.1 Haloacetonitriles
SM 53 1 OB TOC/DOC
Attachment A - Scope of Services
Test Desp Xfib1i)
Geosmin & MIB
Haloacetic Acids in Drinking Water
Haloacetonitriles in Drinking Water
OC Pesticides in Wastewater
OP Pesticides in Wastewater
Organochlorine Pesticides by GC
Organophosphorus Pesticides by GC
PCBs by GC
PCBs in Wastewater
Semi-Volatiles by 8270
Semi-Volatiles in DW Analysis
SGT-HEM
THM in Water
Total Organic Carbon
Total Organic Halides
Volatiles in Drinking Water
Volatiles in Solids
Volatiles in Wastewater
Volatiles in Water
Sample Collection
Sample Pick-up
;0tolil
SM 6040D Geosmin & MIB
EPA 552.2 Haloacetic Acids
EPA 551.1 Haloacetonitriles
EPA 608 OC Pest/PCB (Modified)
EPA I657A OP Pesticides
SW 8081 A OC Pesticides
SW 8141 A OP Pesticides
SW 8082 PCBs
EPA 608 OC Pest/PCB (Modified)
SW 8270B Semi-Volatiles
EPA 525.2 Semi-Volatiles
EPA 1664A HEM Extractibles
EPA 524.2 Volatiles
SM 53 I OB TOC/DOC
SM 5320B TOX
EPA 551.1 Volatiles
SW 8260B Volatiles
EPA 624 Volatiles (Modified)
EPA 524.2 Volatiles
Attachment B — Compensation
Fee and sch(�dlwl";
Black & Veatch proposes to perform the above scope of services for the fixed fee of $13,200.
Should additional services be requested, Black & Veatch will undertake this work after approval
from the City and bill such services using the rate schedule below.
Project Director $365
Subject Matter Expert $285
Project Manager $275
Consultant $250
Senior Analyst $235
Analyst $195
RATES ARE VALID PROM )ANUARY I, 2023, TI IROUGI I DECEMBER 31, 2023, AND ARE SUR)EC-1 1-0 At'l AVEI1/\t;E 0.
INCREASE ON JANUARY I, 2024.
Following Notice -To -Proceed and an executed agreement, Black & Veatch anticipates completing
the proposed scope of work within 4 weeks.
We look forward to working with the City on this project. If you have any questions regarding this
proposal, please get in touch with Ms. Ann Bui at 949-302-6017 or via email at BLIIA(CY bv.con).
Very truly yours,
BLACK & VEATCH MANAGEMENT CONSULTING, LLC
Chris Klausner
Associate Vice President
cc: Ann Bui, Senior Managing Director
Ignacio Cadena, Client Director
Attachment C - Changes to Agreement
Attachment D - Project Schedule
The Black & Veatch team shall complete this work in 4 weeks, The duration of these task is dependent upon
the timeliness in receiving needed data,
Attachment E - Insurance Requirements
City of Fort Worth Insurance Requirements
1.0 INSURANCE REQUIREMENTS
1.1 The Vendor shall assume all risk and liability for accidents and damages that may occur
to persons or property during the prosecution of work under this Agreement. The Vendor
shall file with the City of Fort Worth Purchasing Division, prior to the commencement of
services, a certificate of insurance documenting the following required insurance.
1.1.1 Failure to provide such information within five (5) calendar days may be grounds
for Agreement termination.
1.2 Policies shall have no exclusions by endorsements which nullify the required lines of
coverage, nor decrease the limits of said coverage unless such endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the Vendor to obtain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10%.
1.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance
at the following limits:
$100,000 Each Accident
$500,000 Disease — Policy limit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and $100,000 per disease per employee.
1.2.2 Commercial General Liability Insurance including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the following: premises/operations,
independent vendors, products/completed operations, personal injury, and
contractual liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (ISO) policy.
1.2.3 Auto Liability Insurance shall be provided as follows:
$1,000,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non -owned.
1.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance
documenting the required insurance prior to the commencement of services.
1 1 1 , , I ; '
Attachment E - Insurance Requirements
1.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day
notice of cancellation, material change in coverage, or non -renewal of coverage.
1.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as its interests may appear (ATIMA).
2.0 ADDITIONAL INSURANCE REQUIREMENTS
2.1 The City, its officers, employees and servants shall be endorsed as an additional insured
on Vendor's insurance policies excepting employer's liability insurance coverage under
Vendor's workers' compensation insurance policy,
2.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit
must be received before Vendor can begin work. Failure to supply and maintain such
insurance shall be a breach of contract. Vendor shall provide complete copies of all
insurance policies required by this Agreement. Certificates of insurance must be supplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid # xx-xxxx
200 Texas Street, Fort Worth, Texas 76102
2.3 Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein. Each insurance
policy shall be endorsed to provide the City a minimum 30 day notice of cancellation,
non -renewal, and/or material change in policy terms or coverage. A ten (10) day notice
shall be acceptable in the event of non-payment of premium.
2.4 Insurers must be authorized to do business in the State of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financial strength and solvency.
2.5 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
2.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
2.7 Workers' compensation insurance policy(s) covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
2.8 City shall not be responsible for the direct payment of insurance premium costs for
Vendor's insurance.
2.9 Vendor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by City shall
not be called upon to contribute to loss recovery.
2.10 While the purchase order is in effect, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence that could give rise to a liability claim
or lawsuit or which could result in a property loss.
2.11 Vendor's liability shall not be limited to the specified amounts of insurance required
herein.
21P,,,,(,
Attachment F - Verification of Signature Authority
0. BLACK&VEATCH
CERTIFICATE OF OFFICER
I, Andrea C. Bernica, the Secretary of BLACK & VEATCH MANAGEMENT CONSULTING, LLC, a
corporation duly organized and existing under the laws of the State of Kansas, United States of America,
certify that the following is a true excerpt of the by-laws of the Corporation and that said by-laws have not
been rescinded or modified, and is still in full force and effect.
RESOLVED, any note, mortgage, evidence of indebtedness, contract, share certificate,
conveyance, power of attorney, or other instrument in writing and any assignment or
endorsements thereof, or guarantee of any other entity's performance under any such
executed document, entered into between this corporation and any other person or company
shall be valid and binding on this corporation, when signed by either the Chairman of the
Board, the President or any Vice President, and, if attestation is required, by either the
Secretary, Assistant Secretary, Chief Financial Officer, Treasurer or any Assistant Treasurer
of this corporation. Any such instruments may be signed by any other person or persons in
such manner as from time to tirne shall be determined by the Board.
I further certify that the individual named below is an officer of the company holding the titles indicated and
have signature authority to sign, seal, deliver, negotiate, accept and enter into agreements, contracts and other
instruments or documents by and on behalf of the Company.
Chris J. IClausner, Associate Vice President
IN WITNESS WHEREOF, I have hereunto set my hand and attached the corporate seal of BLACK &
VEATCH MANAGEMENT CONSULTING, LLC this 27th day of June 2022.
Building a World of Difference.
Attachment Code: D560357 Master ID: 1483090, Certificate ID: 19765035
POLICY NUMBER: GLO 4641358, GLO 1365630 COMMERCIAL GENERAL LIABILITY
CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name Of Additional Insured Person(s)
Or Organization(s)
As required by written contract
SCHEDULE
Location(s) Of Covered Operations
As required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
If coverage provided to the additional insured is
required by a contract or agreement, the insurance
afforded to such additional insured will not be
broader than that which you are required by the
contract or agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
Attachment Code: D560357 Master ID: 1483090, Certificate ID: 19765035
C. With respect to the insurance afforded to these 2. Available under the applicable limits of
additional insureds, the following is added to insurance;
Section III — Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the
required by a contract or agreement, the most we applicable limits of insurance.
will pay on behalf of the additional insured is the
amount of insurance:
Required by the contract or agreement; or
Attachment Code: D560353 Master ID: 1483090, Certificate ID: 19765035
Waiver Of Subrogation (Blanket) Endorsement
Policy No. Ef£Date of Pol. Exp. Date of Pol. Eff. Date of End.
GLO 4641358 11/1/2022 11/1/2023 ll/l/2022
GLO 1365630 11/1/2022 11/1/2023 11/1/2022
Producer AddT Prem Return Prem.
Named Insured: BLACK & VEATCH MANAGEMENT CONSULTING, LLC
This endorsement modifies the insurance provided under the following:
Commercial General Liability Coverage Part
The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:
If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of
recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a
waiver with respect to any other operations in which the insured has no contractual interest.
Attachment Code: D493890 Master ID: 1483090, Certificate ID: 19765035
POLICY NUMBER: BAP 4641355 (AOS) COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form
apply unless modified by this endorsement.
This endorsement indentifies person(s) or organization(s) who are "insureds" under the Who Is
An Insured Provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another
date is indicated below.
Endorsement Effective: 11/1 /2022
Named Insured: BLACK & VEATCH MANAGEMENT CONSULTING, LLC
SCHEDULE
Name of Person(s) or Organ ization (s): AS REQUIRED PER WRITTEN CONTRACT
(If no entry appears above, information required to complete this endorsement will be shown
in the Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An
Insured Provision contained in Section II of the Coverage Form.
Attachment Code: D493897 Master ID: 1483090, Certificate ID: 19765035
Waiver of Transfer Of Rights Of Recovery Against Others To Us
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Producer AddT Return
End. No. Prem Prem.
BAP 4641355 (AOS) 11/1/2022 11/1/2023 11/1/2022
This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date
listed above at the hour stated in the Declarations.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: BLACK & VEATCH MANAGEMENT CONSULTING, LLC
Address (including ZIP code): 11401 LAMAR AVE OVERLAND PARK KS 66211
This endorsement modifies insurance provided under the:
Business Auto Coverage Form
Truckers Coverage Form
Garage Coverage Form
Motor Carrier Coverage Form
SCHEDULE
Name of the Person or Organization:
AS REQUIRED BY WRITTEN CONTRACT
We waive any right of recovery we amy have against the designated person or organization shown in the schedule because of payments
we make for injury or damage caused by an "accident" or "loss" resulting from the ownership, maintenance, or use of a covered "auto" for
which a Waiver of Subrogation is required in conjunction with work performed by you for the designated person or organization. The
waiver applies only to the designated person or organization shown in the schedule.
Attachment Code: D560356 Master TD: 1483090, Certificate TD: 19765035
WC000313
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this
policy. We will not enforce our right against the person or organization named in the Schedule.
(This agreement applies only to the extent that you perform work under a written contract that
requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the
Schedule.
Schedule
AS REQUIRED PER WRITTEN CONTRACT
This endorsement changes the policy to which it is attached and is effective on the date issued
unless otherwise stated.
(The information below is required only when this endorsement is issued
subsequent to preparation of the policy.)
Effective Policy No. WC 4641353 (AOS), WC 4641354 (ID, MA, WI), WC 1365632
Insured: BLACK & VEATCH MANAGEMENT CONSULTING, LLC
Effective Date: 11/1/2022