Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 61765
City Secretary Contract No. 61765 SORTWORTHO VENDOR SERVICES AGREEMENT This VENDOR 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 Terracon Consultants, Inc. ("Vendor"), a Delaware corporation acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — City's RFQ No. 24-0115 5. Exhibit D — Contractor's Bid Response to City's RFQ No. 24-0115; and 6. Exhibit E — Verification of Signature Authority Form. Exhibits A, B, C, D, and E, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scone of Services. Contractor will provide environmental and engineering professional services for Brownfields projects ("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 July 10, 2024 ("Effective Date") and expires on July 9, 2025 ("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 option(s) (each a "Renewal Term"). 3. Comnensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total compensation under the Initial Term of this Agreement will not exceed TWO -HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00). Vendor 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. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD 4. Termination. CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 1 of 16 Terracon Consultants, Inc. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor 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. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor 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, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, 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. 5.3 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 Vendor. It will be the responsibility of Vendor 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. 5.4 Unauthorized Access. Vendor 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. Vendor 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, Vendor 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. 6. Right to Audit. Vendor 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, Vendor Services Agreement Page 2 of 16 papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor 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 Vendor reasonable advance notice of intended audits. 7. Indeuendent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor 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. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAMAGE OR LOSS TO VENDOR'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 AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all Vendor Services Agreement Page 3 of 16 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 Vendor 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, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor 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 Vendor'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, Vendor 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 Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. Assignment and Subcontracting. 9.1 Assiiu went. Vendor 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 Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Vendor 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: 10.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate Vendor Services Agreement Page 4 of 16 10.2 (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, 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 $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $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. General Reauirements (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. (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 Vendor Services Agreement Page 5 of 16 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 Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. ComDliance with Laws. Ordinances. Rules and ReLyulations. Vendor 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 Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. 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, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Terracon Consultants, Inc. Kyle Burroughs 1801 Handley Ederville Road Fort Worth, TX 76188 (817)-268-8600 14. Solicitation of Emulovees. Neither City nor Vendor 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. Vendor Services Agreement Page 6 of 16 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. 15. 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. 16. No Waiver. The failure of City or Vendor 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 Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing 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. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor 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 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. 20. 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. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. 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. 23. Counterparts. This Agreement may be executed in one or more counterparts and each Vendor Services Agreement Page 7 of 16 counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor 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 Vendor's option, Vendor 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 Vendor for the nonconforming services. 25. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor 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 Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. 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, Vendor 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 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. 27. Signature Authoritv. 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 Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Companv Name or Ownership. Vendor 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 Vendor 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. Vendor Services Agreement Page 8 of 16 29. No Bovcott of Israel. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Bovcottin2 Enerav Companies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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 Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. 32. 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. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, 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. 34. Minority Business Enterprise Compliance. It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) and Small Business Enterprises (SBE) in the procurement of goods and services on a contractual basis. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-26712- 2011 (as amended), the City has established a goal of 8% for this Agreement. Vendor has committed to 13% MBE/SBE participation. Vendor shall comply with the intent of the City's Business Diversity Enterprise Ordinance. Vendor shall, upon request by City, Vendor Services Agreement Page 9 of 16 provide complete and accurate information regarding actual work performed by an MBE or SBE on this Agreement and payment therefor. Vendor will not make additions, deletions, or substitutions of accepted MBE or SBE without written consent of the City. Any unjustified change or deletion shall be a material breach of this Agreement. Vendor shall require its contractors to comply with the Diversity Enterprise Ordinance and the 8% goal for this Agreement. (signature page follows) Vendor Services Agreement Page 10 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Valerie Wash ington(Jul 26,202417:22CDT) Name: Valerie Washington Title: Assistant City Manager Date: J u 126, 2024 ) 2024 APPROVAL RECOMMENDED: uJ �� By: Name: Wyndie Turpen Title: Interim Environmental Services Assistant Director 4.d440pq�n oIF FORTAoo o9-Id ATTEST: �o Pv8 o=1 o oa a nEXASo�p By: Name: Jannette Goodall Title: City Secretary VENDOR: Terracon Consultants, Inc. By: Kylele r (sJu1 16,202407:28 C DI) Name: Kyle Burroughs Title: Regional Manager Date: Jul 26, 2024 , 2024 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 reporting requirements. By: 4,"i Name: Rorer Grantham Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: By: -M. Name: Kevin Anders Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0405 Form 1295: 2024-1140578 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 11 of 16 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES 1.0 Vendor shall provide City with the following Services: 1.1 Provide technical expertise in environmental and engineering professional services related to the federal Brownfields program; 1.2 Identify and provide key programmatic components necessary for the enhancement and continuation of the City's Brownfields cleanup program into the future; 1.3 Identify key challenges and important stages in the pre -development, assessment, cleanup, and long-term property management processes in redeveloping Brownfields locations regarding engineering and environmental issues; 1.4 Draft Brownfields program forms, permits, and applications (e.g. Brownfields agreements and applications for community developers); 1.5 Update the City's comprehensive Brownfields database to include completed projects; 1.6 Identify and facilitate key partnerships between the City and private sector development and community stakeholders to enhance communication about the Brownfields program; 1.7 Evaluate the City's Brownfields program regarding environmental justice and urban smart growth principles and provide consulting services to improve the City's Brownfields program through the use of urban smart growth principles and the promotion of environmental justice; 1.8 Identify and outline communication strategies for community engagement to ensure transparency and address community concerns during Brownfields projects; 1.9 Develop metrics to evaluate successful outcomes for Brownfields projects (e.g. job creation, tax revenue generated, open space created, etc.); 1.10 Identify Brownfields grant programs and assist the City in submitting grant program applications.; and 1.11 Assist the City in preparing all reports required by the EPA and under other federal law for Brownfields projects, including, but not limited to: Quarterly Reports, Quality Management Plans (QMPs), Analysis of Brownfields Clean-up Alternatives (ABCAs), Quality Assurance Project Plans (QAPPs), Community Involvement Plans (CIPs), ACRES and Federal Act (Infrastructure Investment and Jobs Act, National Historic Preservation Act, etc.) Vendor Services Agreement Page 12 of 16 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Terracon Rate Schedule — Brownfields Professional Services Senior Principal/Program Manager $235/Hour Contract Manager/Department Manager/Principal $215/Hour Senior Geologist/Engineer/Scientist/Licensed Asbestos $195/Hour Consultant/Licensed Mold Consultant Certified Industrial Hygienist $185/Hour Project Manager/Scientist/Geologist/Engineer/Grants Manager $165/Hour Staff Scientist/Geologist/Industrial Hygienist/Engineer/Grants Coordinator $140/Hour Assistant Project Manager $135/Hour Field Scientist/Geologist/Engineer $130/Hour CAD Operator/Project Coordinator $125/Hour Senior Environmental Technician $110/Hour Environmental Technician $95/Hour Clerical/Administrative Staff $85/Hour Laboratory/Drilling/Subcontract Services billed at Cost Plus 15% Vendor Services Agreement Page 13 of 16 EXHIBIT C RFQ: 24-0115 FORTWORTH. CITY OF FORT WORTH ENVIRONMENTAL SERVICES DEPARTMENT 200 TEXAS ST FORT WORTH, TEXAS 76102 REQUEST FOR QUALIFICATIONS BROWNFIELDS PROGRAM PROFESSIONAL DEVELOPMENT SERVICES RFQ: 24 - 0115 Legal Name of Firm: D/B/A Name of Firm: City of Fort Worth Bidder/Supplier ID or Federal ID Number (TIN): Address: Name of the Authorized Representative: Title: The undersigned, by his/her signature, represents that he/she is submitting a binding Proposal and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet for this RFQ and agrees to be bound by the terms therein. The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services upon which prices are offered, at the price(s) and upon the terms, conditions, and scope/specifications contained in this RFQ. Signature of the Authorized Representative: Email: Phone: Name of Contact Person 1: Title of Contact Person 1: Email: Phone: Name of Contact Person 2: Title of Contact Person 2: Email: Phone: Name of Contact Person 3: Title of Contact Person 3: Email: Phone: Please answer each question below: Will the agreement be available for Cooperative Agreement use? Yes No Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.) 2 FORT WORTH. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES DEPARTMENT CIQ FORM CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. City of Fort Worth) must disclose in the Conflict of Interest Questionnaire Form "CIQ" the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. Bylaw, the Questionnaire must be filed with the City of Fort Worth Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at httDs://www.ethics.state.tx.us/forms/conflict/ If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state the Proposer name in # 1, and use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. FORT WORTH. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES DEPARTMENT CIQ FORM CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 175 of the Local Gwemmeni Code nay be found al htip�fwwrr-slmtu-es-legis.stata.bi.us+ do&LG,?htm+LC, 176. htrn. For easy reference, below are some of the sections cited on this form - Local Cow rnmerrt Code 4176, 001(140. -Business relationship' means a con net:tun beMwaen two or more parties based on commercial aclivity al oneol the parlias- The lerm does nol include acannaclion based on: (X a transaction that is s ubject to rats or fee regulation by a federA slate, or local govenmeneal amity or an agency of alederal, slate, or local governmental entity; (B} a transaction canducled al a price and subject to terms available to the public: or (C) a purchase arleaseolpods orssrvicesfromapersonlhalischadoredbyastate orfederaJagsncyand dtal is subject to regular sxami nation by, and reporting lo, thal agency - Local Govemment Code 4176.00grxl(2)A) and (ED: (a) Alocal government officer shall file a conflicts disclosure staiemenlwith respect to aysndar if: (2) thevendar: (A) has an smploymentor ether business relatio-nshipwith the local government officer a a family member of the officer that results in the officer or family namher receiving taxable income. other than investment income. that exceeds $2,500 during the 12-month period preceding thedats Thal the officer bommosawarn filet (i) a contract between the local govsmmenial endly and vertdar has been executed; or (ii) the local govemmeneal entity is considering entering info a contract with the vendor; (9) has g iven ID the kr4d govGmmoni Dt5mr or a family member Df the Dfter one or more gOs That have an aggregate value at more ton $10G in tine 12-month period pnaoedi ng the data the offioarbemnes awarethal: { ij a oantrad bolwQen the local governmental entity and vendor has been exomled; or ;ii] the local govem menial entity is considering $nearing into aconuad with the vendor. Local Govemme Fit Code 3 176.Mal and W111 (a) Avendor shall file a camplaiadconflid of intsrssl qussbonnaire it Ihevsrrdarhas a husitess relationship with a local governmental entity and: (1) has an employment or other business relatianshipwdi a local gavamment officerof dlai local govemmenial entity. or a fami ly member of the officer. described by Section 176.NS(a)i2i(A); (2) has given a local gaysmment off icerol Thal local govemmemal erldly, or afamily member of the officer, on$ormore gillswith theaggregalevaluespecifiedbySection175.aa3(a)(2XB9 ,e)odudngany gift described by Section 176L003(8-Ij;ar isj has a lamily relationship with a focal goverrrrlent officer of ghat local governmental entity. (a-1) Thecomplatsd carrfjict of itterssl questionnaire must befiled with lhs approprialerecords administrator not laser than the seventh business day after the later al: (1) the dale that Ihs vendor: (A) begins discussions or negoliations to enler into a conuad with the local gmmmental entV, or (9) submilstothe local governmental Grd* an application, response ID8FO ueslforproposals or bids, correspondence, or another writing related to a potential' contract with the local govemmentaJ entity; or (2) the dale the vender heoomes aware: (N of an employment or other business relationship with a local governirlenr officer, or a family member of the officer, described by Subsection (a): (B} thar dw vendor has given one or mare gifes described by Subsection (a); or (C) of afamiy relatio nsh ip with a local governmeni officer. Fond provKW by reuab Emics ConrmWcn rnrrA-MICe-eieLe-tr-tie myrAd 1 f1=1 FORT WORTH. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES DEPARTMENT CIQ FORM CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at ht ,.-.-W aw.statutes_legis_state txausl aatsil_U htrrVLG 176.htm_ For easy reference, below are some of the sections cited on this farm. Local Gove rnment Code Q 176.001 f i-a?: "Busi ness rel at io n shi p means a connection between two or more parties based on commercial actin 4 of one of the parties. The term -does not include a connection based on: (A) atraflsactionthatissubject torate orfee regulationbyafederal. state, orlocal governmental entityoran agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (G) a purchase or lease of goods or servicesfrom a person that is chartered by astate orfederal agency and that is subject to regular examination by. and reporting to, that agency. Local Cove rnmeni Code 9176.003(a)(2)(A) and (13): (a) A local government officer shall file a conflicts disclosu re statem ent w ith respect to a vendor if: (2) thevendor: (A) has an employment or other business relationship with the local government officer or a f.a,mily member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or afamily member of the officer one or more gifts that have an aggregate val Lie of more than 100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 617Ifs006(a) and (a-1) (ay A vendo r shall file a completed conflict of interest questio nnaire if the vendor has a business relationship with a local [governmental entity and: (1) has an employment or other business relatiianship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding arry gift described by Section 176.003(a-1 ); or (3) has a family relationship with a local government officer of that local governmental entity- (a-1 ) The com pleted confI ict of interest questionnaire m ust be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract w ith the local governmental entity, or (B) subm its to the local governmental entity an application, response to a request for proposals or bids. correspondence. or another writing related to a potential contract with the local governmental efltity ; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer. or a family memberofthe officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationsh ip with a local government officer. Farm pravided by Texas Ethics Commission www.ethica_state.tx_us Revised 11112021 CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 1 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney Revisions and Approvals Revisions Revision Effective Date Initial 2-1-2023 R.1 12-20-23 Approvals Position Change Reference Not applicable Updated Section 33, 43, 44 Name Assistant City Attorney Jessika J. Williams City Attorney Signature/Approval Date 51-11�.� Gc% 1 /3/2024 CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 2 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney Contents Revisionsand Approvals.........................................................................................................1 1.0 DEFINITION OF BUYER..................................................................................................4 2.0 DEFINITION OF SELLER.................................................................................................4 3.0 PUBLIC INFORMATION...................................................................................................4 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS .......................4 5.0 ORDERS.............................................................................................................................4 6.0 SELLER TO PACKAGE GOODS....................................................................................5 7.0 SHIPMENT UNDER RESERVATION PROHIBITED...................................................5 8.0 TITLE AND RISK OF LOSS.............................................................................................5 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES........................................5 10.0 PLACE OF DELIVERY......................................................................................................5 11.0 RIGHT OF INSPECTION..................................................................................................5 12.0 INVOICES...........................................................................................................................5 13.0 PRICE WARRANTY..........................................................................................................6 14.0 PRODUCT WARRANTY...................................................................................................6 15.0 SAFETY WARRANTY.......................................................................................................7 16.0 SOFTWARE LICENSE TO SELLER...............................................................................7 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY ......... 7 18.0 OWNERSHIP OF WORK PRODUCT.............................................................................9 19.0 NETWORK ACCESS.........................................................................................................9 20.0 CANCELLATION................................................................................................................9 21.0 TERMINATION...................................................................................................................9 22.0 ASSIGNMENT / DELEGATION.......................................................................................9 23.0 WAIVER.............................................................................................................................10 24.0 MODIFICATIONS.............................................................................................................10 CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 3 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney 25.0 THE AGREEMENT..........................................................................................................10 26.0 APPLICABLE LAW / VENUE.........................................................................................10 27.0 INDEPENDENT CONTRACTOR(S).............................................................................11 28.0 LIABILITY AND INDEMNIFICATION............................................................................11 29.0 SEVERABILITY................................................................................................................11 30.0 FISCAL FUNDING LIMITATION....................................................................................11 31.0 NOTICES TO PARTIES..................................................................................................12 32.0 NON-DISCRIMINATION.................................................................................................12 33.0 IMMIGRATION NATIONALITY ACT.............................................................................12 34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS ............................12 35.0 RIGHT TO AUDIT............................................................................................................12 36.0 DISABILITY.......................................................................................................................13 37.0 DISPUTE RESOLUTION................................................................................................13 38.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT ....13 39.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ............ 14 40.0 DEBARMENT AND SUSPENSION...............................................................................14 41.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352).......................................14 42.0 NO BOYCOTT OF ISRAEL............................................................................................14 43.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES.....................................14 44.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES...................................................................................................................15 45.0 CHANGE IN COMPANY NAME OR OWNERSHIP...................................................15 46.0 LAWS, REGULATIONS, AND ORDINANCES............................................................15 47.0 INSURANCE REQUIREMENTS..................................................................................16 48.0 ADDITIONAL INSURANCE REQUIREMENTS..........................................................17 49.0 PERFORMANCE.............................................................................................................18 CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division 1.0 2.0 3.0 4.0 DEFINITION OF BUYER REVISION: 00 (Initial) Page 4 of 18 APPROVED BY: City Attorney The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and sub -vendors who act on behalf of various City departments, bodies or agencies. DEFINITION OF SELLER The consultant, contractor, supplier, or other providers of goods and/or services, its officers, agents, servants, employees, vendors and sub -vendors who act on behalf of the entity under a contract with the City of Fort Worth. PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City") may be requested by a member of the public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). Seller must clearly mark each page it believes includes proprietary information by writing "PROPRIETARY" in bolded, yellow highlighted, 16-point font at the bottom of each page. Any pages that do not contain the required notification shall be deemed public and Seller agrees to its release to the public. If the City receives a request for a Seller's proprietary information, as indicated by following the instructions above, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter). 5.0 ORDERS 5.1 No employees of the Buyer or its officers, agents, servants, vendors or sub - vendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 5.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division and/or non-payment. 6.0 SELLER TO PACKAGE GOODS REVISION: 00 (Initial) Page 5 of 18 APPROVED BY: City Attorney Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 7.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES 9.1 Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposal and the City has expressly accepted the Seller's delivery terms in writing. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 9.2 Unit prices shall include all costs associated with the specified work, including but not limited to handling, freight, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by Buyer. 10.0 PLACE OF DELIVERY The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 6 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, must be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than the lesser of either (i) the Seller's current rates on valid cooperative agreements for products and services of the kind and specification covered by this agreement or (ii) Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 14.0 PRODUCT WARRANTY 14.1 Seller shall not limit or exclude any express or implied warranties, and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 14.2 In addition to any other warranties in this contract, the Seller warrants that all work and products supplied under this agreement conform to the agreement requirements and are free from any defect in workmanship, equipment, material, or design furnished by the Seller or any supplier at any tier. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 7 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney 14.3 Seller agrees to repair or replace promptly, on a one -for -one basis without additional cost to Buyer, any and all defective work and products. Buyer defines "prompt" repair or replacement to be within twenty-four (24) hours after notification by Buyer's authorized personnel. 14.4 This warranty shall continue at least for a period of 90 days from the date of acceptance of products and work by Buyer. 14.5 Seller shall remedy at the Seller's expense any non -conforming or defective products or work. In addition, the Seller shall remedy at Seller's expense any damage to real or personal property owned by Buyer, when that damage is the result of a defect of products furnished. 14.6 Seller's warranty with respect to products repaired or replaced will run for 90 days from date of installation and acceptance of such by Buyer. 14.7 Buyer shall notify the Seller, within a reasonable time after the discovery of any failure, defect, or damage. 14.8 If the Seller fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, Buyer shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Seller's expense. 14.9 This warranty shall not include failures attributable to accident, fire, or negligence on the part of Buyer's personnel. 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 31.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this agreement and any attached work orders or invoices. The Buyer may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 17.1 The SELLER warrants that all Deliverables, or any part thereof, furnished CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 8 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 17.2 SELLER shall be liable and responsible for any and all claims made against the Buyer for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the Buyer's continued use of the Deliverable(s) hereunder. 17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the Buyer for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from Buyer's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the Buyer modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the Buyer pursuant to this section 8, SELLER shall 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, Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the Buyer's interest, and Buyer agrees to cooperate with SELLER in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the Buyer for infringement arising under this Agreement, the Buyer shall 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, SELLER shall fully participate and cooperate with the Buyer in defense of such claim or action. Buyer agrees to give SELLER timely written notice of any such claim or action, with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, the Buyer's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the Buyer under this Agreement. If the Deliverable(s), 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, SELLER shall, at its own expense and at Buyer's election, either: (a) procure for Buyer the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non - infringing, provided that such modification does not materially adversely affect Buyer's authorized use of the Deliverable(s); or (c) replace the CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) I Page 9 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney Deliverable(s) with equally suitable, compatible, and functionally equivalent non -infringing Deliverable(s) at no additional charge to Buyer; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law. 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the Buyer pursuant to a Work Order, including all such developments as are originated or conceived during the term of the agreement and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the Buyer. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The Buyer owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the Buyer's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, Buyer database, or other network application, Seller shall separately execute the Buyer's Network Access Agreement prior to providing such services. A copy of the Buyer's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this agreement immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT / DELEGATION CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 10 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney No interest, obligation or right of Seller, including the right to receive payment, under this agreement shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS This agreement can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable proposal documents published by the Buyer and Seller's Response to such proposal (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published proposal documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW / VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this agreement shall be in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division 27.0 INDEPENDENT CONTRACTOR(S) REVISION: 00 (Initial) I Page 11 of 18 APPROVED BY: City Attorney Seller shall operate hereunder as an independent contractor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub -vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and sub - vendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and sub -vendors. 28.0 LIABILITY AND INDEMNIFICATION 28.1 LIABILITY - SELLER SHALL 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 SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 28.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE BUYER (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this agreement, then Buyer will immediately notify Seller of such occurrence, and this agreement shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division 31.0 NOTICES TO PARTIES REVISION: 00 (Initial) Page 12 of 18 APPROVED BY: City Attorney Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This agreement is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or sub -vendors, have fully complied with all provisions of same and that no employee, participant, applicant, contractor(s)or sub-contractor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, contractor(s)or sub -vendors herein. 33.0 IMMIGRATION NATIONALITY ACT Buyer must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by Buyer, Buyer will provide Buyer with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Buyer 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 Buyer employee who is not legally eligible to perform such services. BUYER WILL INDEMNIFY BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY BUYER, BUYER'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. Buyer, upon written notice to Buyer, will have the right to immediately terminate this Agreement for violations of this provision by Buyer. 34.0 HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35.0 RIGHT TO AUDIT CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 13 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this agreement, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this agreement, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. 36.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its sub -vendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its sub -vendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or sub -vendors against Buyer arising out of Seller's and/or its sub -vendor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non- binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 38.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division REVISION: 00 (Initial) I Page 14 of 18 APPROVED BY: City Attorney parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 39.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Seller shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 40.0 DEBARMENT AND SUSPENSION Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 41.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00. 42.0 NO BOYCOTT OF ISRAEL If the Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. The Seller acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the Buyer 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, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 43.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 REVISION: 00 (Initial) Page 15 of 18 PREPARED BY: Purchasing Division APPROVED BY: City Attorney Seller acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the Buyer 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 Buyer 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 44.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES Seller acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the Buyer 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 Buyer 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (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. 45.0 CHANGE IN COMPANY NAME OR OWNERSHIP The Seller shall notify the Buyer's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated Buyer's records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied by supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, a copy of the board of directors' resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46.0 LAWS, REGULATIONS, AND ORDINANCES The Seller shall be responsible for meeting all Federal: laws, ordinances, and regulations; State: laws, ordinances, and regulations; County: laws, ordinances, and regulations; and City: laws, ordinances, and regulations. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations, and Commissions such as the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental Quality (TCEQ). In the event any law, regulation, or ordinance becomes effective after the start of this Agreement, the Seller is required to comply with the new policy. Any mandates requiring Buyer to comply with new guidelines will also require the Seller to comply. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division 47.0 INSURANCE REQUIREMENTS' REVISION: 00 (Initial) Page 16 of 18 APPROVED BY: City Attorney 47.1 The Seller 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 Seller shall file with Buyer, prior to the commencement of services, a certificate of insurance documenting the following required insurance. 47.1.1 Failure to provide such information within five (5) calendar days may be grounds for Agreement termination. 47.2 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 Buyer. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or Buyer desires additional insurance coverage, and Buyer desires the Seller to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 47.2.1 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. 47.2.2 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 Sellers, 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. 47.2.3 Auto Liability Insurance shall be provided as follows: ' This is the Standard Provision regarding Insurance Requirements. If the Buyer determines that additional insurance is required, those additional requirements will be listed in the actual bid issued. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division REVISION: 00 (Initial) Page 17 of 18 APPROVED BY: City Attorney $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. 47.2.4 The Seller shall furnish Buyer's Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 47.2.5 Policies shall be endorsed to provide Buyer a thirty- (30) day notice of cancellation, material change in coverage, or non -renewal of coverage. 47.2.6 Applicable policies shall also be endorsed to name Buyer as an additional insured, as its interests may appear (ATIMA). 48.0 ADDITIONAL INSURANCE REQUIREMENTSZ 48.1 Buyer, its officers, employees and servants shall be endorsed as an additional insured on Seller's insurance policies excepting employer's liability insurance coverage under Seller's workers' compensation insurance policy. 48.2 Certificates of insurance satisfactory to Buyer and Worker's Compensation Affidavit must be received before Seller can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Seller 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 # YR-NNNN 200 Texas Street, Fort Worth, Texas 76102 48.3 Any failure on part of Buyer to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide Buyer 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. 48.4 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. 48.5 Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by Buyer. 48.6 Other than worker's compensation insurance, in lieu of traditional insurance, Buyer may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. Buyer must approve in writing any alternative coverage. 2 This is the Standard Provision regarding Insurance Requirements. If the Buyer determines that additional insurance is required, those additional requirements will be listed in the actual bid issued. CITY OF FORT WORTH STANDARD PURCHASING TERMS AND CONDITIONS EFFECTIVE DATE: February 1, 2023 PREPARED BY: Purchasing Division REVISION: 00 (Initial) Page 18 of 18 APPROVED BY: City Attorney 48.7 Workers' compensation insurance policy(s) covering employees of the Seller shall be endorsed with a waiver of subrogation providing rights of recovery in favor of Buyer. 48.8 Buyer shall not be responsible for the direct payment of insurance premium costs for Seller's insurance. 48.9 Seller's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by Buyer shall not be called upon to contribute to loss recovery. 48.10 While the purchase order is in effect, Seller shall report, in a timely manner, to Buyer's Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 49.0 PERFORMANCE Failure of Buyer to insist in any one or more instances upon the performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Seller's obligation with respect to such performance shall continue in full force and effect. FORT WORTH, CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS TABLE OF CONTENTS 1.0 BROWSERS.....................................................................................................4 2.0 SUPPORT.........................................................................................................4 3.0 QUESTIONS....................................................................................................4 4.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA................................4 5.0 SCHEDULE OF EVENTS...............................................................................5 6.0 CLOSE DATE AND TIME..............................................................................5 7.0 SUPPORTING DOCUMENTATION (PUBLIC FILES)................................5 8.0 SUBMISSION INSTRUCTIONS....................................................................6 9.0 REQUEST FOR QUALIFICATION...............................................................6 10.0 RESPONSE...................................................................................................7 11.0 FIRM.............................................................................................................7 12.0 UNAUTHORIZED COMMUNICATIONS.................................................. 7 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS ............................... 8 14.0 PRE -RESPONSE CONFERENCE...............................................................8 15.0 PREPARATION OF REPONSES.................................................................8 15.1 Tax Exemption...............................................................................................9 15.2 Response Adequacy.......................................................................................9 15.3 Response Page Limit: .................................................................................... 9 15.4 Response Summary and Company Overview...............................................9 15.5 RFQ Exemptions: ........................................................................................ 10 15.6 Proprietary Information...............................................................................10 15.7 Business Equity Division (M/WBE) Documents: ....................................... 11 15.8 Alternate Reponses......................................................................................11 15.9 Response Preparation Costs: ........................................................................ 11 15.10 Free on Board (FOB) Point..........................................................................11 15.11 Prices: .......................................................................................................... I I 16.0 MODIFICATION OR WITHDRAWAL OF RESPONSE .........................12 16.1 Modification of Response............................................................................12 16.2 Withdrawal of Response..............................................................................13 17.0 OPENING OF RESPONSE.........................................................................13 18.0 EVALUATION AND AWARD..................................................................13 18.1 Evaluation....................................................................................................13 18.2 Award..........................................................................................................13 18.3 Acceptance of Response..............................................................................14 18.4 Reservations.................................................................................................14 Pagel of 21 FORT WORTH:, CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 18.5 Negotiations................................................................................................ 15 18.6 Period of Acceptance.................................................................................. 15 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED FIRM ............... 15 19.1 Certificates of Insurance............................................................................. 15 19.2 Certificate of Interested Parties Form 1295................................................ 15 20.0 AGREEMENT TERM................................................................................ 16 21.0 UNIT PRICE ADJUSTMENT................................................................... 16 22.0 INVOICE AND PAYMENTS.................................................................... 17 22.1 Registration................................................................................................. 17 22.2 Invoice......................................................................................................... 17 22.3 Payment.......................................................................................................19 23.0 PROTEST PROCEDURE.......................................................................... 19 24.0 COOPERATIVE PURCHASING.............................................................. 19 25.0 GENERAL PROVISIONS......................................................................... 20 26.0 SUBCONTRACTORS................................................................................20 27.0 BEST AND FINAL OFFER....................................................................... 20 28.0 ASSIGNMENT...........................................................................................20 29.0 ERRORS OR OMISSIONS........................................................................ 21 30.0 TERMINATION.........................................................................................21 31.0 RIGHT OF ASSURANCE......................................................................... 21 32.0 CHANGE ORDERS................................................................................... 21 33.0 VENUE....................................................................................................... 22 34.0 CONFLICT OF INTEREST....................................................................... 22 35.0 INSURANCE.............................................................................................. 22 36.0 CONTRACT CONSTRAINTS AND CONDITIONS ............................... 22 37.0 CHANGE IN COMPANY NAME OR OWNERSHIP .............................. 22 Page 2 of 21 FORT WORTH. 1.0 2.0 3.0 4.0 BROWSERS CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS The Procurement Portal (Bonfire Portal) can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. SUPPORT For technical questions about the Procurement Portal, visit Bonfire's help forum at httos://vendorsupport.fzobonfire.com/hc/en-us or contact the Bonfire support team at Suvvort(i_ GoBonfire.com or by calling 1-800-354- 8010. To get started with Bonfire, watch this five-minute training video: httDs://vendorsuDDort. aobonfire. com/he/en-us/articles/6796500613655- Vendor-Registration-and-Submission-VIDEO- QUESTIONS All questions, explanations, clarifications, or interpretations desired by Qualified Firms regarding any part of the solicitation must be electronically submitted to the City of Fort Worth's Bonfire Public Procurement Portal (Procurement Portal) through the "Vendor Discussion" section under the respective Project/Request for Qualification (RFQ) before the Questions Due Date and time specified in the Procurement Portal. CLARIFICATIONS AND ISSUANCE OF ADDENDA The Environmental Services Department of the City of Fort Worth (City) will post an Addendum on the Procurement Portal with answers to all questions received before the deadline before the submission Close Date and Time. Interpretations, corrections, or changes to the RFQ made in any other manner are not binding upon the City, and Qualified Firms shall not rely upon such interpretations, corrections, or changes. Oral explanations or instructions given before the award of the Contract are not binding. If the City, in its sole discretion, determines that a change or additional information is needed or a clarification is required, the City shall issue an Addendum in the Procurement Portal regarding such change, additional Page 3 of 21 FORT WORTH 5.0 6.0 7.0 CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS information, or clarification. Sole authority for issuing of Addendum shall be vested in the City's Environmental Services Department. Qualified Firms are advised to check the Procurement Portal frequently for any Addendum issued. SCHEDULE OF EVENTS Tentative Schedule of events are available in the facing page of Bonfire. The City reserve the rights to change those dates as and when required. Qualified Firms are advised to recheck those dates frequently. CLOSE DATE AND TIME The deadline date and time for submission(s)/Responses against a Project/RFQ shall be specified in the Procurement Portal. Your Reponses must be finalized, uploaded, and submitted on the Procurement Portal prior to the posted Close Date and Time for the Project/RFQ. The City reserve the rights to change those dates as and when required. Qualified Firms are advised to recheck those date frequently. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All Qualified Firms assume the risk of late transmission/submission. The City shall not be held liable if an interested Firm is unable to submit a complete Response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. SUPPORTING DOCUMENTATION (PUBLIC FILES) Supporting Documentation (Public Files) attached to the Procurement Portal are integral part of the Project/RFQ. Bidders should download and review all those documents. Bidders should complete required documents and upload those to "Required Information" section of the Project in the Procurement Portal. Page 4 of 21 FORT WORTH CITY OF FORT WORTH — ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 8.0 SUBMISSION INSTRUCTIONS All submissions/Response(s) must be submitted electronically prior to the close date and time under the respective Project/RFQ via the Procurement Portal: htt Ds://www.fortworthtexas.2ov/de_Dartments/finance/purchasing/online- biddin2-platform Failure to submit all completed required information listed in the respective RFQ will be grounds for rejection of a Response as non -responsive. No late Reponses shall be accepted. Reponses delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such Firm provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Response was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a Response into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Qualified Firms are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. 9.0 REQUEST FOR QUALIFICATION A Request for Qualification (RFQ) is the publication of the City's intent of requesting Reponses on the means and methods of how they will provide the requested goods and/or services to the City. It may also be referred to as a Project or Solicitation. The purpose of the RFQ is to describe the goods and/or services to be procured. Qualified Firms are expected to examine all documents that make up the RFQ. Qualified Firms shall promptly notify the City of any omission, ambiguity, inconsistency, or error that they may discover upon examination of the RFQ. Page 5 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete RFQ. The evaluation criteria to award a contract from an RFQ shall be Best Value. The award of contract shall be made to the responsible Qualified Firms whose Response is determined to be the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the RFQ. 10.0 RESPONSE An offer/submission by a Firm for goods and/or service submitted in the Procurement Portal against the RFQ before the submission Close Date and Time. Response may also be referred to as a Bid. 11.0 FIRM An entity (which could be a person or a business) that (i) seeks or has the potential to do business with the City and serve as a Supplier (also referred to as Seller, Vendor, Contractor, Consultant, etc.) and (ii) responds to a City procurement. Firm may also be referred to as Bidder. 12.0 UNAUTHORIZED COMMUNICATIONS Cone of Silence: the period of time that begins when a RFQ has been released until the Intent to Award has been published. During this period of time, Qualified Firms' contact regarding this RFQ with employees or officials of the City other than the Environmental Services Staff, the Business Equity Division, or as otherwise indicated in the RFQ is prohibited and may result in disqualification from this procurement process. No officer, employee, agent, or representative of the Firm shall have any contact or discussion, verbal or written, with any members of the City Council, City staff, or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this RFQ, except as herein provided. Any violation of this prohibition may result in the Firm being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this RFQ. Page 6 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS Qualified Firms should refrain from making comments regarding a specific solicitation or its subject matter — in the media or otherwise — until the selection process is complete. For the selected Firm, such comments are also inappropriate until the contractual engagement with the City has ended. 13.0 NON -ENDORSEMENT AND PUBLIC COMMENTS If a Response is accepted, the successful Firm shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City's endorsement of the successful Firm's services. Qualified Firms shall refrain from making comments regarding this RFQ or its subject matter —in the media or otherwise —until the selection process is complete. For the selected vendor, such comments are also inappropriate until the study has concluded and the final report has been issued. 14.0 PRE -QUALIFICATION CONFERENCE If a pre -qualification conference is held, the time, place, and nature of the conference will be specified on the Procurement Portal section under the respective RFQ. Attendance at pre -qualification conferences is not mandatory but is highly encouraged. 15.0 PREPARATION OF REPONSES Each Firm must furnish all information required by a RFQ on the documents provided and/or in the format required, unless otherwise stated. Reponses submitted on different forms or in different formats than required in the RFQ shall be considered non -responsive. Any attempt to alter the wording in the RFQ is ineffective and may result in rejection of the Response. In order to be considered, Response must include all the documents and information requested in this RFQ. Page 7 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 15.1 Tax Exemption: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Reponses shall not include exempted taxes. The successful Firm should request a Tax Exemption Certificate from the Environmental Services Department. Under no circumstances shall the City be liable to pay taxes under any Contract for which the City has an exemption. 15.2 Response Adequacy: Reponses should adequately address all evaluation factors listed on RFQ and include required details and documents that will be used as part of the evaluation. Reponses should be prepared as simply as possible and provide a straightforward, concise description of the Firm's capabilities to satisfy the requirements of the RFQ. Utmost attention should be given to accuracy, completeness, and clarity of content. Reponses shall be completed in accordance with the requirements of this RFQ. Statements made by a Firm shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding. All parts, pages, figures, or tables should be numbered and clearly labeled. Response information should be limited to pertinent information only. 15.3 Response Page Limit: Unless stated otherwise, Reponses shall be limited to a maximum of twenty-five (20), Letter size (8-1 /2" x 11 ") pages using a font size no smaller than 12-point Times New Roman or Arial and margins of at least one inch in each direction. The required/requested Attachments and Exhibits and Addendums are not of this page limit. 15.4 Response Summary and Company Overview: Response must include the following information, failure to provide all the information will deem the Response non- responsive: Executive Summary - The purpose of the Executive Summary is to provide a high-level description of the Firm's ability to meet the requirements of the RFQ. Briefly state your Page 8 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS understanding of the services to be performed and make a positive commitment to provide the services as specified; ii. Company History and Ownership - Qualified Firms shall provide a brief overview of company history and current ownership in narrative form. If owned by a private equity or investment firm, please provide the name of the private equity or investment firm and when the operating entity was acquired. All subcontractors must be identified, including the role of each subcontractor. iii. Company Experience - Firm shall demonstrate they have the preferred minimum experience and list years of experience for which the Firm has provided services similar to the size of the City. Firm shall briefly describe in narrative format the Firm's experience. The Firm shall communicate their company background and history, with a specific focus on history in Fort Worth, Dallas -Fort Worth Metroplex and Texas. 15.5 RFQ Exemptions: Response Exemptions - Any and all exceptions to the RFQ must be listed on an item -by -item basis and cross- referenced. If there are no exceptions, the Firm must expressly state that no exceptions are taken; 15.6 Proprietary Information: i. All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. ii. If a Firm does not desire information that it believes to be proprietary in the Response to be disclosed, the Firm shall attach a listing of each page number in a chart as shown below and must clearly mark and identify each page by including the word "PROPRIETARY" in all caps and highlighted yellow on the bottom center of each page at the time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to the information that must be disclosed lies with the Texas Attorney General. Note: Pricing may not be marked proprietary and will be made publicly available in the form of a bid tab following evaluation of all Reponses. By submitting a response, Qualified Page 9 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS iii Firms agree that pricing is not proprietary and may be released. Pages with information Please indicated if only believed to be Proprietary specific sections on the page are believed to be Proprietary iv. Failure to identify proprietary information, as required in above paragraph will result in all unmarked sections being deemed non-proprietary and available upon public request. 15.7 Business Equity Division (M/WBE) Documents: If a Business Equity Goal has been established for the RFQ, the applicable documents must be submitted by all Qualified Firms wishing to continue in the RFQ evaluation process within two (2) City business days after the RFQ Close Date, exclusive of the Close Date, to the Procurement Portal. 15.8 Alternate Reponses: Firm may offer an "equal" product as an alternate Response. Final "approved equal" determination remains with the City. 15.9 Response Preparation Costs: All costs associated with preparing a Response in response to a RFQ shall be borne by the Firm. 15.10 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Firm should quote its lowest and best price, with the goods delivered to the place specified, at the Firm's expense and risk, and their tender delivery to the City. Reponses offering any other delivery terms are not acceptable and may be cause for rejection. 15.11 Prices: Reponses shall be firm -priced offers unless otherwise specified. ii. In the event of a discrepancy between unit price and extended price, the unit price shall govern. Page 10 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS iii. Prices shall be offered in the United States Dollars and cents. iv. Unit prices shall include all costs associated with the specified good/service unless specified in the RFQ, including but not limited to handling, delivery, fuel charges, fees and certifications fees. No additional charges will be accepted or paid by the city. V. The quantities listed on the RFQ are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City is obligated to pay for only those goods or services actually ordered by an authorized City employee and then received as required and accepted by the City. Qualified Firms should extend their best price based on the estimated quantities included in the RFQ, but it is understood that the City may purchase more or less of any item included in the RFQ. vi. Following the award, additional services of the same general category that could have been encompassed in the award of the contract, and that are not already on the contract, may be added based on the discount price sheet provided with the Response so long as such inclusion does not violate state or local law. vii. Any services that have been omitted from this RFQ that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the RFQ. 16.0 MODIFICATION OR WITHDRAWAL OF RESPONSE 16.1 Modification of Response: Response may be modified in the Procurement Portal at any time prior to the Close Date and Time. 16.2 Withdrawal of Response: Response may be withdrawn in the Procurement Portal at any time prior to the Close Date and Time. Withdrawn Response may be resubmitted, with or without modifications in the Procurement Portal, before the Close Date and Time. No Response may be withdrawn after the Close Date and Time without forfeiture of the Response/Bid Page 11 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS guarantee, if any, unless there is a material error in the Response. 17.0 OPENING OF RESPONSE For Projects/RFQ that requires a public opening as per state law, the Purchasing Department representative responsible for opening Response(s) will publicly open and read each Firm Title (name) aloud in the Fort Worth City Council Chambers located at 200 Texas, Fort Worth, Texas 76102, at 2:00 PM after Close Date and Time, unless otherwise noted in the RFQ. 18.0 EVALUATION AND AWARD 18.1 Evaluation: Qualified Firms may furnish pricing for all or any portion of the RFQ (unless otherwise specified). However, the City may evaluate and award the contract for any item or group of items shown on the RFQ, or any combination deemed most advantageous to the City. Reponses that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award: The method of award is detailed in the respective RFQ. The City can award contracts to the Firm who offers represents the "best value" to the City. The following criteria may be considered to determine the best value (see section 252.043 of the Texas Local Government Code): i. Purchase Price; ii. Reputation of the Firm and of the Firm's goods and/or services; iii. Quality of the Firm's goods and/or services; iv. Extent to which the goods and/or services meet the City's needs; v. Firm's past relationship with the City; vi. Impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses, including Certified Minority Women -Owned Page 12 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS Businesses, and non-profit organizations employing persons with disabilities; vii. Total long-term cost to the City to acquire the Firm's goods and/or services; and viii. Any relevant criteria specifically listed in the RFQ. 18.3 Acceptance of Response: Acceptance of a Response will be in the form of a Purchase Order or a contract. Subsequent purchase releases may be issued as appropriate. The contents of a Response shall become a part of the contract. Under no circumstances will the City be responsible for goods and/or services provided without a Purchase Order issued through the City's PeopleSoft system. 18.4 Reservations: The City expressly reserves the right to: i. Specify approximate quantities in the RFQ; ii. Extend the RFQ Close Date and Time; iii. Consider and accept alternate Reponses, if specified in the RFQ, when most advantageous to the City; iv. Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods and/or services; v. Waive any minor informality in any RFQ procedure (a minor informality is one that does not affect the competitiveness of the Qualified Firms); vi. Add additional terms or modify existing terms in the RFQ; vii. Reject a Response because of unbalanced unit prices Response; viii. Reject or cancel any or all Response; ix. Reissue a RFQ; x. Procure any item by other means; and/or xi. Award to multiple Qualified Firms on a non-exclusive award basis, or primary and secondary Qualified Firms. Page 13 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 18.5 Negotiations: The City reserves the right to negotiate all elements that comprise the successful Firm's response to ensure that the best possible consideration be afforded to all concerned. 18.6 Period of Acceptance: Firm acknowledges that by submitting the Response, Firm makes an offer that, if accepted in whole or part by the City, constitutes a valid and binding contract as to any and all items accepted in writing by the City. Unless specified otherwise, the period of acceptance of Reponses is one hundred and eighty (180) calendar days from the Close Date. 19.0 DOCUMENTS REQUIRED FROM RECOMMENDED FIRM 19.1 Certificates of Insurance: When insurance is required, the Firm must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 19.2 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful Firm is required to complete the Certificate of Interested Parties Form 1295 and submit the form within two (2) City business days to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at https://www.ethics.state.tx.us/whatsnew/elf info_forml29 5.htm 20.0 AGREEMENT TERM Unless specified otherwise, the initial term of the agreement shall be one year. Upon the expiration of the initial term, the agreement shall renew automatically under the same terms and conditions for up to four (4) one- year renewal periods, unless City or Supplier provides the other party with notice of non -renewal at least 90 days before the expiration of the initial term or renewal periods. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, Page 14 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS City will notify supplier/vendor of such occurrence and the contract 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. 21.0 UNIT PRICE ADJUSTMENT Suppliers/vendors may require that unit prices be adjusted for increases or decreases in Supplier's cost during the contract period using the following procedure: i. The Supplier must submit its price adjustment request, in writing, at least 30 days before the requested effective period. The Supplier shall provide written proof of cost increases with the price adjustment request. ii. If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Environmental Services Department will issue a new solicitation. iii. Prices shall remain firm for the term of the Agreement and shall include all associated freight and delivery costs, unless otherwise specifically stated and agreed to by City. iv. Prices offered shall be used for Response analysis and for the contract. In cases of errors in extensions or totals, the unit prices offered will govern. v. Upon expiration of the contract term the successful Firm, agrees to hold over under the same terms and conditions of the contract for a reasonable period of time to allow the city to re-solicitate an agreement, not to exceed ninety (90) days. vi. The provision of goods and/or services shall not be suspended by the Supplier except as expressly allowed by the contract's terms and conditions. Page 15 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 22.0 INVOICE AND PAYMENTS 22.1 Registration: Successful Firm are required to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at https://www.fortworthtexas.gov/departments/finance/pur chasing/register 22.2 Invoice: The Supplier shall send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. Please include the following on the subject line of your e-mail: Supplier name, Invoice number, and PO number, separated by an underscore (ex: Example, Inc._123456_FW022-0000001234) To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: All invoices must be either a PDF or TIFF format. ii. Image quality must be at least 300 DPI (dots per inch). iii. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). iv. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. v. Please do not send handwritten invoices or invoices that contain handwritten notes. vi. Dot matrix invoice format is not accepted. vii. The invoice must contain the following information: a. Supplier Name and Address; Page 16 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS b. Remit to Supplier Name and Address, if different; c. Applicable City Department business unit# (i.e. FW013) d. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); e. Invoice number; f. Invoice date; and viii. Invoices should be submitted after delivery of the goods and/or services. To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN AccountsPayable@fortworthtexas.gov. Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. Page 17 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 22.3 Payment: All payment terms shall be "Net 30 Days" unless specified in the Response and agreed by the City. 23.0 PROTEST PROCEDURE Due to the subjective nature of evaluating responses from RFQ, a Firm who submitted a Response may not protest the City's selection of the RFQ award. 24.0 COOPERATIVE PURCHASING i. The City has interlocal agreements with many other governmental entities that provides the ability for other entities to use the City's contracts, so long as Supplier/vendor agree to extend the same terms, conditions, and pricing to the other entities. Firm, shall indicate in their Response whether they agree that to extend the terms, conditions, specifications, and pricing of its agreement with the City to other governmental entities. ii. If the successful Firm agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities with interlocal agreements with the City shall be eligible, but not obligated, to purchase material/services under contract(s) awarded as a result of City solicitations. All purchases by governmental entities other than the City shall be billed directly to that governmental entity and paid by that governmental entity. The City shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. 25.0 GENERAL PROVISIONS The Supplier shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 26.0 SUBCONTRACTORS Qualified Firms may include subcontractors for any part of services offered. City reserves the right at its sole discretion to accept or reject any Response Page 18 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS that includes subcontractors. Upon award of a contract, City reserves the right to pre -approve use of any and all subcontractors. 27.0 BEST AND FINAL OFFER The City at its sole discretion may elect to have Qualified Firms that submit Reponses deemed most advantageous to the City to prepare a Best and Final Offer for consideration by the Evaluation Committee. Contract negotiations will then be based on submitted Best and Final Offers. 28.0 ASSIGNMENT The Qualified Firms shall not assign its rights or duties under an award without the prior written consent of the City. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 29.0 ERRORS OR OMISSIONS The Firm shall not be allowed to take advantage of any errors or omissions in this RFQ. Where errors or omissions appear in this RFQ, the Firm shall promptly notify the City's Environmental Services Department in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFQ are to be reported no later than ten (10) days before time for the RFQ response is to be submitted. 3o.o TERMINATION i. If this award results in a contract, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the City or Supplier with a thirty (30) day written notice prior to cancellation. ii. In the event of termination, the City reserves the right to award a contract to next lowest and best Firm as it deems to be in the best interest of the City. iii. Further, the City may cancel this contract without expense to the City in the event that funds have not been appropriated for expenditures under this contract. The City will return any delivered but unpaid goods in normal condition to the Firm or pay for the goods, at the City's sole direction. Page 19 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS 31.0 RIGHT OF ASSURANCE Whenever the City has reason to question the Firm's intent to perform, the City may demand that the Firm(s) give written assurance of Firm's intent to perform. In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract. 32.0 CHANGE ORDERS No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing and signed by both parties. Change orders must be approved by City Council if dollar amount is over $50,000.00. 33.0 VENUE The contract/agreement(s) will be governed and construed according to the laws of the State of Texas. The contract(s) is performable in Tarrant County, Texas. Venue shall lie exclusively in Tarrant County, Texas. 34.0 CONFLICT OF INTEREST No public official shall have interest in this contract, in accordance with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171. 35.0 INSURANCE For the duration of a contract resulting from this RFQ, Firm shall carry insurance in the types and amounts as negotiated in the final contract. 36.0 CONTRACT CONSTRAINTS AND CONDITIONS All goods and/or services shall be provided in accordance with applicable requirements and ordinances of the City, laws of the State of Texas, and applicable federal laws. The proposed contract has been provided with this RFQ. However, all final terms and conditions will be negotiated with the awarded Firm. 37.0 CHANGE IN COMPANY NAME OR OWNERSHIP Page 20 of 21 FORT WORTH CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT INSTRUCTION TO PROPOSERS The successful Firm (Supplier) shall notify the City's Purchasing Department, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company 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 do so may adversely impact future invoice payments. Page 21 of 21 FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) BUSINESS EQUITY (M/WBE) The Business Equity Goal for this RFP is 8%. A Business Equity Goal has been established for the RFP, the applicable documents must be submitted by all Proposers wishing to continue in the RFP evaluation process within two (2) City business days after the RFP Close Date, exclusive of the Close Date, to the Procurement Portal: i. All Proposers shall note that the Business Equity Ordinance No. 25165-10- 2021 (codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority- and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000, as detailed below. ii. If a Proposer is certified as a Business Equity Firm, such Proposer can count its self -performance services towards meeting the Business Equity Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification. If such a Proposer will not self -perform all of the work, it will be required to provide subcontracting opportunities with certified Business Equity Firms to meet the stated Goal(s). iii. Proposers must obtain a listing of certified Business Equity Firms from the City's Department of Diversity and Inclusion (DVIN). The request for listings form can be found on the City's website at https://www.fortworthtexas.gov/departments/diversity- inclusion/business-equity, or email DVIN_BEOffice@fortworthtexas.gov. The selected Proposer acknowledges it will present Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City in order for the participation to be counted towards the established Goal(s). iv. The firms must be located in the Marketplace, or meet the requirements of the City's Significant Business Presence which means a Person (1) which has its FORT WORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) principal place of business located inside the Marketplace; or (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. v. Proposers shall submit with their Proposals a preliminary Business Equity Utilization Plan ("Plan") to address how it will comply with the Business Equity Goal(s). At a minimum, the preliminary Plan must certify that the Proposer will comply with the requirements and present evidence of the Proposer's past business diversity procurement practices. vi. Failure to submit a preliminary Plan may render a Proposer non- responsive. vii. Business Equity Firms must be certified at the time the Proposal is submitted, in order for the participation to be counted towards the established Goal. viii. Short-listed firms are required to submit the final Utilization Plan detailing efforts to comply with the Business Equity Goal(s). ix. For additional information, contact the DVIN at (817) 392-2674 or send email to DVIN—BEOffice@fortworthtexas.gov. FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) BUSINESS EQUITY PROVISIONS A. All proposers shall note that the Business Equity Ordinance No. 25165-10-2021 (codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority — and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000.00 as detailed below. The Business Equity Goal is 8%. B. If a Proposer is certified as a Business Equity Firm, such Proposer can count its self -performance services towards meeting the Business Equity Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification. If a Proposer will not self -perform all of the work, it will be required to provide subcontracting opportunities with certified Business Equity Firms to meet the stated goal(s). C. Proposers must obtain a listing of certified Business Equity Firms from the City of Fort Worth's Department of Diversity and Inclusion (DVIN). The request for listings form can be found on the City's website at https://www.fortworthtexas. Gov/departments/diversitv-inclusion/business- equity, or email DVIN BEOfficeafortworthtexas.2ov. The selected offeror acknowledges it will present Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City of Fort Worth in order for the participation to be counted towards the established goal(s). D. The firms must be located in the Marketplace, or meet the requirements of the City's Significant Business Presence which means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. E. Proposers shall submit with their proposals a preliminary Business Equity Utilization Plan ("Plan") to address how it will comply with the Business Equity Goal(s). At a minimum, the preliminary Plan must certify that the Proposer will comply with the requirements and present evidence of the Proposer's past business diversity procurement practices. Failure to submit a preliminary Plan may render a Proposer non -responsive and the Proposal may be rejected. F. Business Equity Firms must be certified at the time the proposal is submitted, in order for the participation to be counted towards the established goal. G. Short-listed firms are required to submit the final Utilization Plan detailing efforts to comply with the Business Equity Goal(s). For additional information contact the DVIN at (817) 392-2674 or send email to DVIN BEOffice(afortworthtexas.Rov. FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) INSTRUCTIONS TO BIDDERS ABOUT THE BUSINESS EQUITY GOAL It is the policy of the City of Fort Worth to ensure the full and equitable utilization of Business Equity Firms when appropriate, in the procurement of all goods and services. When a Business Equity Goal is established for a bid, it means that the City of Fort Worth believes that there are Business Equity Firms available that can provide goods or services requested by the bid. The Business Equity Goal for Project number 24-0115 is 8% This means that the City believes that there are available Business Equity Firms that can provide goods or services required by this bid and therefore, 8% of the Bidder's awarded amount must be spent with a Business Equity Firm. All requirements and regulations stated in the City's current Business Equitv Ordinance #25165-10-2021 apply to this bid. Because a Business Equity Goal has been established for this bid, in order for your bid to be considered, a Bidder must satisfv one (1) of the conditions below. A. Commit to Meet or Exceed the Business Equity Goal Hire Business Equity Firm(s) to provide goods or services and spend at least the goal amount with the Business Equity Firm(s). Step 11: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following two (2) forms: a. Utilization Plan b. Letter(s) of Intent B. Prove a Good Faith Effort Show attempt to hire Business Equity Firms to meet or exceed the goal, but was unsuccessful. This can occur in two (2) ways: 1) Bidder proposes a smaller Goal FORT WORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following three (3) forms: a. Utilization Plan b. Letter(s) of Intent c. Good Faith Effort 2) Bidder proposes a 0% Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: If unsuccessful, submit Good Faith Effort Form. Please see Ordinance �20-370 (2) page for requirements of an acceptable Good Faith Effort. C. Prove that the Bidder Can Perform the Service and Provide all Materials on the Project as the Prime Contractor Bidder must show that the Bidder is providing all of the goods and services through their own company and that there are no goods or services provided by a third party or an affiliate. Bidder will not purchase any supplies or inventory from a third party. Step 1: Must submit a Prime Contract Waiver Form D. Create a Joint Venture with a Business Equity Firm At least one or both of the firms must be a Business Equity Firm Step 1: Must submit a Joint Venture Form Forms can be obtained on the Proiect Resources website under section 60 - MWBE. VIOLATIONS AND SANCTIONS FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) 1. Failure to comply with the City's Business Equity Ordinance will result in the bid being considered "Non -Responsive." 2. Failure to submit the required Business Equity forms and documentation will result in the bid being considered non -responsive and a "written warning" letter that may impact the Offeror's evaluation scoring on future City bid opportunities for up to 12 months, refer to Ordinance �20-373 on VIOLATIONS AND SANCTIONS for continued offenses or failures to comply. If you have any questions, contact Department of Diversity & Inclusion, Business Equity Division Email: DVIN_BE(a,fortworthtexas.aov I Phone: 817-392-2674 FORTWORTH.. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) DEFINITIONS Business Equity Firm means an Independent Firm that is a Certified minority- and/or women -owned business enterprise (M/WBE) with a Significant Business Presence in the City's Marketplace. Business Equity Goal means a calculation prepared by the DVIN-BE that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the 6-county Marketplace; the availability of Business Equity Firms and non -Business Equity Firms in the Marketplace determined on a Contract -by -Contract basis; and the subcontracting/supplier opportunities of each project. Certified means those firms identified by the North American Industry Classification System (NAICS) that have been determined to be a bona fide MBE or WBE by the North Central Texas Regional Certification Agency (NCTRCA), the Dallas/Fort Worth Minority Supplier Development Council (DFW /MSDC), Women's Business Council -SW (WBCS), Texas Department of Transportation (TxDOT) or another certifying agency that the DVIN-BE may deem appropriate and accepted by the City of Fort Worth. DVIN-BE means the City's Department of Diversity and Inclusion — Business Equity Division Good Faith Efforts means the actions undertaken by a Contractor and approved by DVIN-BE as described in the Business Equity Ordinance U0-370 (g). Joint Venture means a business entity formed by two or more independent Persons for the purpose of pursuing a common objective, such as a prime contract. The resulting business entity has additional resources and capacity, enhancing its ability to compete for larger awards. A joint venture is generally characterized by shared ownership, shared returns and risks, and shared governance. In a joint venture, the prime managing partner holds 51 % or more interest in the business. Partner(s) hold less than 51 % interest but in most cases, not less than 20%. Marketplace means the geographic area as defined by the City's most current Disparity Study (i.e., Tarrant, Dallas, Denton, Johnson, Parker and Wise counties). FORTWORTH. CITY OF FORT WORTH — ENVIRONMENTAL SERVICES BUSINESS EQUITY (M/WBE) Responsive means that a Person is compliant with the requirements of the Business Equity Ordinance. Significant Business Presence means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. Utilization Plan means the list of Business Equity Firms that a Contractor commits will be utilized to meet the Business Equity Goal for a specific project, the scopes of the work and the dollar values or the percentages of the work to be performed. FORTWORTH® CITY OF FORT WORTH ENVIRONMENAL SERVICES DEPARTMENT EVALUATION FACTORS AND SCOPE OF SERVICES EVALUATION FACTORS AND SCOPE OF SERVICES 1 EVALUATION FACTORS 1.1 For the Response to be evaluated, the Qualified Firm must provide a complete Response submitted within the stated deadline and per the Qualification requirements. Qualified Firm(s) shall include in the Response documents/details that are required for evaluating the Response including Business Equity Goal documentation if applicable for the RFQ. 1.2 If the Response meets the above requirements, selection will be based on the Qualified Firm(s) that is determined to be the most advantageous to the City considering the relative importance of evaluation factors listed below: 1.3 Note: A bidder may be disqualified if they do not meet at least 50% of the evaluation points available. 1.3.1 Firm's Company and Personnel Experience - up to 25 points available 1.3.2 Firm's Qualification and Experience - up to 30 points available 1.3.3 Firm's Work History and References - up to 20 points available 1.3.4 Firm's Project Narrative and Detailed Service Approach - up to 25 points available 1.3.5 Business Equity Firm Participation Response - Responsive or Non - Responsive 2 SCOPE OF SERVICES 2.1 Qualifications are being accepted by the City of Fort Worth for the provision of professional services for the application of environmental and engineering consulting services to enhance and refine a Community -Based Brownfield Redevelopment Program for the City of Fort Worth. All services shall be on an as - needed basis. 2.2 The Provider should identify key challenges in Brownfields redevelopment, critical participants in Brownfields transactions, and important stages throughout processes such as pre -development, assessment, cleanup and development, and long-term property management within the City of Fort Worth. 2.3 The Provider is expected to furnish the City of Fort Worth with proven Brownfields strategies that will significantly promote the City's vision for the program and utilize available assets and means to fully engage Brownfields Page 1 of 3 FORTWORTH® CITY OF FORT WORTH ENVIRONMENAL SERVICES DEPARTMENT EVALUATION FACTORS AND SCOPE OF SERVICES EVALUATION FACTORS AND SCOPE OF SERVICES opportunities for projects using private, public -private, and public funding sources to promote the City's overall goal and vision for improved environmental stewardship and municipal responsibility. 2.4 Provider shall ensure that the Qualifications Package and any resumes included not only document relevant work experience but also summarize how the Provider has been a good steward of the Client's funds. Additionally, details should be included on how the Provider has brought creative solutions to the table to control costs, reduce remediation time, increase effectiveness, etc. 2.5 THERE IS NO GUARANTEE OF ANY WORK UNDER THIS CONTRACT, however, the types of work for which the successful firm should be qualified to perform include the following: 2.6 PRIMARY SERVICES 2.6.1 Identify and provide key programmatic components necessary for the enhancement and continuation of the program into the future; 2.6.2 Assist with the development of key components necessary in promoting a sound and viable Brownfields program; 2.6.3 Establish instruments of business as they pertain to the Brownfields program (e.g. Brownfields agreements, Brownfields applications for the community developers, etc...) 2.6.4 Assist in the establishment of a comprehensive Brownfields listing or database within the City of Fort Worth for every potential Brownfields location; 2.6.5 Identify key partnerships required within the municipal government as well as in the private sector development and community stakeholders to promote the growth of the Brownfields program; 2.6.6 The development of a comprehensive program to address the issues of Environmental Justice, community involvement and partnerships, and urban smart growth principles to aid in the protection of human health and the environment within Fort Worth; Page 2 of 3 FORTWORTH® CITY OF FORT WORTH ENVIRONMENAL SERVICES DEPARTMENT EVALUATION FACTORS AND SCOPE OF SERVICES EVALUATION FACTORS AND SCOPE OF SERVICES 2.6.7 Identify and outline strategies for community engagement and communication through the project, ensuring transparency and addressing any concerns; 2.6.8 Establish measurable accomplishments or outcomes (e.g. number of jobs created, tax revenue generated, open space created, etc.) to fully gauge the success of the program. 2.6.9 Provide extensive technical expertise through core Brownfields services, implementation of proven technologies and methods; and 2.6. 1 OProvide assistant in preparation of the various applicable EPA Brownfields Grant opportunities available to the City of Fort Worth; and 2.6.11 Provide assistant in preparation of the various required reports to the EPA, including, but not limited to; Quarterly Reports, Quality Management Plans (QMPs), Analysis of Brownfields Clean-up Alternatives (ABCAs), Quality Assurance Project Plans (QAPPs), Community Involvement Plans (CIPs), ACRES and Federal Act (Infrastructure Investment and Jobs Act, National Historic Preservation Act, etc.) experience Page 3 of 3 CITY OF FORT WORTH - ENVIRONMENTAL SERVICES FORT WORTH:,, DEPARTMENT QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS QUESTIONNAIRE AND REQUIREMENTS Legal Name of Firm: DOCUMENTS REQUIRED FOR RESPONSE TO BE CONSIDERED RESPONSIVE The following documents and information are required to be submitted to be considered responsive: Qualification Documents Check Mark if Included 1. QUALIFICATIONS CERTIFICATION 2. VENDOR COMPLAINCE TO STATE LAW 3. ACKNOWLEDGEMENT OF RECIEPT OF ADDENDA 4. FIRM' S QUALIFICATIONS AND EXPERIENCE 5. FIRM' S LICENSES AND CERTIFICATES 6. PROJECT REFERENCES 7. PROJECT SCHEDULE AND PAYMENTS - OMITTED 8. FIRM' S LEGAL & COMPLIANCE HISTORY 10. FEE SCHEDULE - OMITTED 11. SUBCONTRACTOR INFORMATION & QUALIFICATIONS 12. FINANCIAL STATEMENT 13. INSURANCE CERTIFICATES 14. PREVAILING WAGE RATE 15. COMPLIANCE & WORKERS COMPENSATION Page 1 of 18 1.0 QUALIFICATIONS CERTIFICATION The undersigned having carefully examined the specifications, instructions, and conditions set forth in this Request for Qualifications, including all addenda, issued by the City of Fort Worth, affirms that he/she understands all requirements of this RFQ, is authorized to execute this response and any contract(s) and/or other transactions required by award of this solicitation, and hereby proposes to provide the services as specified. The undersigned further attests and certifies that: • Corporate Firm equipment and personnel are capable of performing each task described in the Scope of Work either using firm's resources or through subcontracts. • All qualifications documents have been submitted via the procurement portal, Bonfire. • This qualifications summary and the accompanying qualifications documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Submitter agrees that submitter, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by firm, its employees, officers, agents, contractor or subcontractors herein. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. The contractor is required to fill out and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httos://www.ethic.state.tx.us/filinainfo/1295/ FIRM: Page 2 of 18 (Company Name) (Address) (City, State, Zip) Phone) (print or type name of signatory) (Signature) Title (print or type) (Email) 2.0 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. ❑ Page 3 of 18 101►7U� Company Name Address BY: (print or type name of signatory) (Signature) City, State, Zip Title (print or type) Page 4 of 18 3.0 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 The undersigned acknowledges the receipt of no addenda to the Request for Proposal. FIRM: Company Name Address BY: (print or type name of signatory) (Signature) City, State, Zip Title (print or type) Page 5 of 18 4.0 FIRMS QUALIFICATIONS AND EXPERIENCE Firm shall include a copy of its current Statement of Qualifications (25-page maximum, 12 pt. type minimum). If subcontractors are to be utilized, each subcontractor must be discussed within the statement of Proposal. Within the statement of qualifications, the Firm should: • Discuss Firm's experience managing, developing and performing brownfields- related activities including, but not limited to development, assessments, marketing, and brownfields promotion experience. • Describe any web -based customer service system that may be available to view and track City projects. Personnel Qualifications and Experience Firm should submit a brief resume (one page maximum, 12 pt. type minimum) of each professional person who will be assigned to this contract. Identify key persons by name and title and describe the primary work assigned as well as the percentage of time each person will devote to this contract. Firm should complete a matrix similar to the one below. The position titles can be changed to fit Firm's terminology but the ultimate job function should be clear. If a single individual fulfills more than one position then provide the relevant years of experience for that position. Page 6 of 18 Position Title / Job Name Years of Years Function Experience with Firm Page 7 of 18 5.0 FIRM'S LICENSES & CERTIFICATES Firm 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. Firm should provide a copy of the appropriate certifications, registrations, and licenses and related certificates (including Subcontractors) with their submittal including but not limited to: Firm 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; and • Current Certificate of Good Standing (Texas Secretary of States' office). Attach copies of current applicable licenses and certificates Within the proposal package 6.0 PROJECT REFERENCES Firm 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 Page 8 of 18 7.0 OMITTED 8.0 FIRM'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 Firm's, Firm's officers Firm's employees, and Firm'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 in?ormation submitted is, to the -best of my knowledge and belief, true, accurate, and complete. I am aware that there are sigmficant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. FIRM: Company Name Address City, State, Zip BY: (print or type name of signatory) (Signature) Title (print or type) Certif cation of NO Legal Action I certify under penalty of law that the legal and compliance history of Firm, Firm's officers, Firm's employees, and Firm'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 thepperson 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 Firm, Finif s officers, Firm's employees, or Firm'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 Page 9 of 18 information, including the possibility of fine and imprisonment for knowing violations. FIRM: - Company Name (signature) Date 9.0 EXHIBITS BY: (print or type name of signatory) Title (print or type) Each Firm shall submit a single copy of the following document types for review: ■ Example of Previous Brownfields Strategic Plans ■ Example of Brownfields Marketing Strategies ■ Example of Brownfields Strategies for Public/Private Partnerships ■ Brownfield Implementation Action Plan Include one (1) copy of each document within this qualifications package 10.0 OMITTED 11.0 FINANCIAL STATEMENT Firms must provide a current certified or compilation financial statement within this section of the qualifications. The financial statement shall be no more than six months old. Include one (1) copy of the financial statement within this qualifications package Page 10 of 18 12.0 INSURANCE CERTIFICATES FOR PURPOSES OF THIS REQUEST FOR QUALIFICATION, PLEASE ATTACH A COPY OF YOUR CURRENT INSURANCE CERTIFICATE(S) FOLLOW NG THIS SECTION AND INCLUDED WITHIN THE PROPOSAL PACKAGE. The successful Firm will be required by the contract to have insurance coverage as detailed below. Prior to commencing work, the Firm shall deliver to Fort Worth certificates documenting this coverage. The City may elect to have the Firm submit its entire policy for inspection. Insurance coverage and limits: Firm 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 Liabilitv o $1,000,000 each occurrence o $2,000,000 aggregate 2. Automobile Liabilitv 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 W iver of Subrogation required. Page 11 of 18 4. Professional Liability o $1,000,000 each claim 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 Liabilitv 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 insurance or other policy(s). Certificates of insurance evidencing that the Firm has obtained all required insurance shall be delivered to the City prior to Firm proceeding with the contract. • 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. • Certificate(s) of insurance shall document that insurance coverage specified according to items in sections above are provided under applicable policies documented thereon. • Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. • 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 Page 12 of 18 endorsed onto Finn's insurance policies. Notice shall be sent to Roger Grantham, City of Fort Worth — Environmental Management Division, 200 Texas Street, Fort Worth, Texas 76102. • 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. • 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. • Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the contract. • The City shall be entitled, upon its request and without incurring expense, to review the Finn's insurance policies including endorsements thereto and, at the City's discretion, the Firm may be required to provide proof of insurance premium payments. • The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. • 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 Finn's overhead. • All insurance required in section above, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. • Subcontractors to the Firm shall be required by the Firm to maintain the same or reasonably equivalent insurance coverage as required for the Firm. When subcontractors maintain insurance coverage, Firm 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 Page 13 of 18 coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Firm of the contract. 13.0 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: http://www.texoassociation.or2/Chapter/wa2erates.asu. 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. (see following page for signatures needed) Page 14 of 18 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. M0I:NVII BY: Company Name (print or type name of signatory) Address (Signature) _City, State, Zip Title (print or type) Page 15 of 18 14.0 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 Projects. 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: Company (Please Print) Address City/State/Zip: (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT 0 Signature: Title: § KNOW ALL BY THESE PRESENT: BEFORE ME, the undersigned authority, on this day personally appeared , 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 for the purposes and consideration therein Page 16 of 18 expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Public in and for the State of Texas 15.0 SUBCONTRACTOR INFORMATION AND QUALIFICATIONS For each subcontractor to be used for services under this contract provide the information requested in the table below and include the following information with the proposal: • Concise statement of qualifications pertinent to the services to be provided under the contract; • A list of principals and officers of company including years of experience in applicable fields; Page 17 of 18 if n ecess'at : " P age 1g OfVs EXHIBIT D CONTRACTORS BID RESPONSE TO RFO 24-0115 � �err��►Ar� City of Fort Worth Brownfields Program Professional Development Services Project # 24-0115 FORT WORTHcr," 1801 Handley Ederville Road Fort Worth, Texas 76118 P (817) 268-8600 Terracon.com Table of Contents LOCATION DOCUMENT/SECTION Bonfire 1 Completed Proposal Bonfire 2 RFQ-02 CIQ Form Bonfire 3 RFQ-03 Authorized Signature and Contact Details Bonfire 4 RFQ-07 Business Equity M/WBE Goal Bonfire 5 RFQ-08 Questionnaire and Requirements Section 1 - Qualifications Certification Section 2 - Vendor Compliance to State Law Section 4 - Firm's Qualifications and Experience/Scope of Services (24 Pages) Required Resumes* Section 5 - Firm's Licenses & Certifications Section 6 - Project References Section 7 - Omitted per Addendum 1 Section 8 - Firm's Legal and Compliance History Section 9 - Exhibits Section 10 - Omitted per Addendum 1 Section 11 - Financial Statement Section 12 - Insurance Certificates Section 13 - Prevailing Wage Rate Section 14 - Worker's Compensation Compliance Section 15 - Subcontractor Information and Qualifications Bonfire 6 Section 3 - Acknowledgment of Receipt of Addenda Bonfire 7 Any Other Required Documents - Form 1295/Exceptions Memo/Checklist Bonfire 1 w Terracon March 7, 2023 City of Fort Worth 200 Texas Street, Fort Worth, TX, 76102 Attn: Roger Grantham Environmental Program Supervisor 1801 Handley Ederville Road Fort Worth, TX 76188 P (817) 268-8600 Terracon.com Re: Letter of Interest and Statement of Qualifications for Brownfields Program Professional Development Services (24-0115) Dear Mr. Grantham and Members of the Selection Committee: As a leading provider of environmental consulting services, Terracon Consultants, Inc. (Terracon) is honored to submit our Statement of Qualifications to the City of Fort Worth. Terracon seeks to continue its Brownfields partnership with the City of Fort Worth by submitting a comprehensive statement of qualifications for Brownfields Program Professional Development Services. With a knowledgeable and dedicated team of professionals, we are confident that our expertise, resources, and commitment to quality align seamlessly with the City's objectives. Resources - Dedicated Team Offers a Partnership Approach Terracon routinely assists our clients with Brownfields Grants, integrating extensive experience and knowledge of the EPA Brownfields Program. Our staff has assisted clients in implementing over 317 Cooperative Agreement nationwide and obtaining over $71 million in EPA Brownfields grants. Locally, Terracon has over 40 Environmental Professionals in its DFW Metro offices and has assisted clients in the management and implementation of 18 Brownfields Cooperative Agreements. Jack A. McCranie, P.G, your Program Manager, brings to the City of Fort Worth the desired Brownfields project knowledge and experience, innovative problem -solving approaches, and successful Brownfields grant implementation. Mr. McCranie recently managed the City of Fort Worth Brownfields Assessment Grant from 2020-2023 and is currently managing the City of Fort Worth Cleanup Grant for the Fort Worth Convention Center. Knowledge — In -Depth Brownfields Experience Terracon has assisted on 317 Brownfields Cooperative Agreements and has the writing success of nearly double the industry average rate. We understand collaboration is important and we will work closely with you to write the grant applications and see it through the entire program. Terracon will collaborate with your team, following your established procedures, while leveraging our consulting and technical expertise to ensure the successful delivery of the project. We are here to assist you and look forward to the opportunity to further develop our partnership with the City of Fort Worth. If you have any inquiries regarding the information we have provided, please don't hesitate to reach out to us at (817) 268-8600. We appreciate your time and consideration. Sincerely, Terracon Consultants, Inc. a6yl- Jack A. McCranie, P.G., LRA Regional Environmental Manager jack.mccranie@terracon.com Scott M. Kolodziej, P.G. National Director - Environmental scott.kolodziej@terracon.com RFQ-02 CIQ Form RFQ-02 Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 71h business day after the date the vendor becomes aware of facts that require the statement to be filed, See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Terracon Consultants, Inc. J ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Not Applicable Name of Officer Aj Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F1 Yes ® No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 0 Yes ® No 1J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. None J ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J (f February 27, 2024 Signatur O='doi g business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Wr City of Fort Worth I Brownfie Ids Professional Development Services (24-0115) 1 RFQ-03 Authorized Signature and Contact Details RFQ-03 Authorized Signature and Contract Details FORT WORTH@ CITY OF FORT WORTH ENVIRONMENTAL SERVICES DEPARTMENT 200 TEXAS ST FORT WORTH, TEXAS 76102 REQUEST FOR QUALIFICATIONS BROWNFIELDS PROGRAM PROFESSIONAL DEVELOPMENT SERVICES RFQ: 24 - 0115 Legal Name of Firm:Terracon Consultants, Inc. DB/A Name of Firm: NA City of Fort Worth Bidder/Supplier ID or Federal ID Number (TIN): 42-1249917 Address: 8901 John W. Carpenter Fwy, Suite 100 Name of the Authorized Representative: Kevyn Gunn Title: Senior Associate The undersigned, by his/her signature, represents that he/she is submitting a binding Proposal and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet for this RFQ and agrees to be bound by the terms therein. The undersigned agrees if the Proposal is accepted, to furnish any and all items and/or services upon which prices are offered, at the price(s) and upon the terms, conditions, and scope/specifications contained in this RFQ. Signature of the Authorized Representative,livz Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) RFQ-03 Authorized Signature and Contract Details Emil: kevyn.gunn@terracon.com Phone: (214) 666-4766 Name of Contact Person 1: Jack McCranie Tltleof Contact Person 1: DFW Metro Environmental Manager Email:jack.mccranie@terracon.com Phone: (817) 591-2834 Name of Contact Person 2: Theron Epp Tltleof Contact Person 2: Department Manager - Environmental Emai l : theron.epp@terracon.com Phone: (469) 347-6015 Name of Contact Person 3: Scott Kolodziej Tltleof Contact Person 3: Environmental National Director Emil: scott.kolodziej@terracon.com Phone: (214) 666-4735 PI ease answer each questi on bel ow: Wi I I the agreement be avai I abl e f or Cooperati ve Agreement use? Yes No Prompt Payment Discount Terms: Percent Days (i.e. 3% Net 15, etc.) 2 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 RFQ-07 Business Equity M/WBE Goal Involvement of Business Equity Division BUSINESS EQUITY UTILIZATION FORM - PAGE 1 City of Fort Worth FORT WORTH Business Equity Utilization Form Disadvantaged Business Enterprise Utilization Form (Applicable if Federally -Funded) PRIME/OFFEROR/OWNER COMPANY NAME: Terracon Consultants, Inc. ATTACHMENT1A Page 1 of 4 PROJECT NAME: PW-RFQ Brownfields Pro ram Professional Development Services PROJECT NUMBER: BID DATE: City's Business Equity Goal: Offeror's Business Equity (or DBE) 24-0115 03/07/2024 ® (Check if addressing DBE Goal) 8% Commitment: 13 % Check all applicable boxes to describe © Not Certified ❑MBE WBE DBE HUB ❑VOSB Section 3 Prime/Offeror/Owner's Classification: Certifying Agency: ❑NCTRCA E]D/FW MSDC F-]TX DOT F_]WBCS Other: Ethnicity: ❑African American Hispanic 11 Caucasian 11 Asian ❑ Native American Gender: []Male Female11 Non -Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA. ICA, and CDBG Droiects, documents will be submitted to the Citv Proiect Manager if publicly bid or to the Developer if privately bid. The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer Droiects). The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the Citv of Fort Worth including oortions of Denton. Parker. Wise. and all of Tarrant. Dallas. and Johnson counties. Certified means those Business Equity Firms, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council -Southwest (WBCS). If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Federally -funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60ppercent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer count count the entire an)Qunt of fees ,j rpm(njssions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies elivere to the )o site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the committed DBE goal. Note: For DBE Goals, 60 % of the services count towards the goal. Effective 01/01/2021 Updated 03/24/2022 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Involvement of Business Equity Division BUSINESS EQUITY UTILIZATION FORM - PAGE 2 FORT WORTH ATTACHMENT 1A Business Equity Utilization Form Page 2of4 Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Business Equity firms and non -Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this box Flif certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Equity firm names as listed on their certification, includinq DBA names. NAMES AND ADDRESSES OF TYPE OF SERVICES/SUPPLIES Specify Tier CONTRACTORS/SUPPLIERS PROVIDED � ( q uired Name 1st Tier NAICS ReCertification Agency Gender and Ethnicity: C t L b t LLC N Type of Service/Supplies: Certified By: B Business Name. a es a ora ones, Laboratory Testing [:]D/FW MSDC ❑ Male © Female ❑ on- inary Address: 1339 Motor Cir, Dallas, TX 75207 ®NCTRCA ❑African American E] Hispanic Phone: (214) 920-5006 NAICS Code: 2nd Tier �TXDOT �WBCS Asian Email: info@cateslab.com Other: ®Caucasian EINative Contact Person: Belinda Cates $ AMOUNT: 2% American Business Name: Cheryl's Drafting and Design Type of Service/Supplies: Certified By: ❑Male ©Female ❑Non -Binary ❑DFW MSDC Address: 1903 Everglade Court Dallas, TX 76051 Drafting Services ®NCTRCA ❑ African American ❑ Hispanic Phone: NAICS Code: 2nd Tier TXDOT ❑ ❑WBCS ❑ Asian Email: Cheryl Driscoll (817) 366-9399 ❑Other: ® Caucasian ❑ Native Contact Person: cddesign001@gmail.com $AMOUNT: 1% American Business Name: Environmental Logistics Company, Type of Service/Supplies: Certified By: Male ❑ Female ❑ Non -Binary Address: LLC. ELC ( ) 413 Metro Park Drive, Environmental Drilling ❑ DFW MSDC ®NCTRCA ❑ African American ❑ Hispanic Phone: McKinney, TX 75071 (469) 742-9981 NAICS Code: 2nd Tier ❑TXDOT ❑WBCS Asian ❑ Email: ccascio@envirologistics.com ❑Other: ❑ Caucasian ❑ Native Contact Person: Cedric Cascio $ AMOUNT: 4% American Effective 01/01/2021 Updated 03/24/2022 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Involvement of Business Equity Division BUSINESS EQUITY UTILIZATION FORM - PAGE 3 FORT WORTH ATTACHMENT 1A Page 3 of 4 Business Equitv Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS TYPE OF SERVICES/SUPPLIES Specify Tier PROVIDED NAICS Required) ( q ) Name lst Tier Certification Agency Gender and Ethnicity: Business Name: Moody Labs, LLC. Type of Service/Supplies: Certified B y: ❑Male ©Female ❑Non -Binary ❑D/FW MSDC Address: 2051 Valley View Lane, Environmental Laboratory Testing ❑African American ❑Hispanic Phone: Farmers Branch, TX 75234 2nd Tier �� N .CTRCP. ❑Asian (972) 241-8460 NAICS Code: ❑TXDOT ❑WBCS Email: kristin.morton@moodylabs.com Other: Caucasian ❑ Contact Person: Kristin Morton $AMOUNT: 1 American Business Name: Precision Environmental Services Type of Service/Supplies: Certified By: ❑ Male Female ❑ Non -Binary Address: 6104 Cedar Sage Trail, Lantana, Texas 76226 Environmental Consulting ❑DFW MSDC ®NCTRCA African American [:]Hispanic Phone: (940) 597-2673 2nd Tier NAICS Code: ❑TXDOT ❑WBCS ❑Asian Email: brian@precisionenviro.net [--]Other: ©Caucasian ❑Native Contact Person: Brian Jacobs $ AMOUNT: 1 % American Business Name: G.L Morris Enterprises, Inc. p Type of Service/Supplies: Certified B y: ®Female ❑Non -Binary El dba Sunbelt Industrial Service ]DFW MSDC Address: 2415 Cullen Street, Environmental Drilling 1ZNCTRCA ❑African American ❑Hispanic Phone: Fort Worth, TX 76107 (972)492-5108 NAICS Code: 2nd Tier ]TXDOT ❑WBCS ❑Asian Email: Imcclure@sun-belt.com Other: Native V Caucasian ❑Amer Contact Person: Lance C. McClure $ AMOUNT: 4 can Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑Female ❑Non -Binary �DFW MSDC Address: ]NCTRCA ❑ African American ❑Hispanic Phone: NAICS Code: ]TXDOT ❑WBCS ❑Asian Email: ]Other: ❑Caucasian ❑Native Contact Person: $ AMOUNT: American Effective 01/01/2021 Updated 03/24/2022 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 3 t O (D Q rn FORT WORTH Business Equity Utilization Form Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ 85% 13% 2% 100% ATTACHMENT1A Page 4 of 4 I The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division O through the submittal of a Request for Approval of Change/Addition online. Any unjustified change or deletion shall be a material breach of CD contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of c(ni� how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect O the final compliance determination. v By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or < examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, CD principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work O performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Aut iVdSignatbre Senior Associate Title Terracon Consultants, Inc. Company Name 1801 Handley Ederville Road Address Fort Worth, Texas 76118 City/State/Zip Code Department of Diversity and Inclusion - Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Ph: 817-392-2674 n Kevyn Gunn Printed Signature Contact Name and Title (if different) (214) 630-1010 Phone Number kevYn.gunn@terracon.com Email Address 2/21 /2024 Date Effective 01/01/2021 Updated 03/24/2022 00 C I) Z m W m 0 C C r N O Z TI D m Involvement of Business Equity Division LETTER OF INTENT - CATES LABORATORIES, INC. FORT WORTH. Business Equity Division LETTER OF INTENT ,A. Business Equity Sub-Contractor/Consultant Information: A certified Business Equity firm is owned by a Minority or Woman Business Enterprise (MMSE) PROJECT # BID # 24-0115 (If Applicable Please Check One) Amendment ❑ Change Order ❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. 1. Name of Project: PW-RFQ Brownfields Program Professional Development Services 2. Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm: Cates Laboratories, Inc. Address: 1339 Motor Circle, Dallas TX 75207 Firm Contact Name/Phone: 214.920.5006 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Laboratory Testing NAICS Code: 541380 Belinda Cates (Owner/ Authorized Agent) Type or Print Name 8a (Signature of Owner lAuthorized Agent of Certified Business Equity Firm) bcates@cateslab.com (Email Address) B. Affidavit of Offeror/Prime In the amount of $ 2 Cates Laboratories, Inc. (Name of Certified Business Equtly Firm) 2/21 /2024 (Date) 214.920.5006 (Phone Number) I HEREBY DECLARE AND AFFIRM that Kevyn Gunn am the duly authorized representative of (Owner/Authorized Agent) Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of Offeror/Prime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kevyn Gunn /f (0 ner uthorized Agent) r rint Name ( ig�..'of�.rA thoized gent) kevyn.gunn@terracon.com (Email Address) Terracon Consultants, Inc. (Name of OfferorlPrime) February 21, 2024 (Date) (214) 630-1010 (Phone Number) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 5 Involvement of Business Equity Division M/WBE CERTIFICATE - CATES LABORATORIES, INC. Women Business Enterprise (WBE) NCTRCA Cates Laboratories, Inc. Cates Laboratories, Inc. has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 541380: TESTING LABORATORIES AND SERVICES This Certification commences March 1, 2023 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: March 31, 2025 Issued Date: March 1, 2023 CERTIFICATION NO. WFWB84560N0325 Certification Administrator Or City of Fort Worth I Brownfields Professional Development Services (24-0115) 6 Involvement of Business Equity Division LETTER OF INTENT - CHERYUS DRAFTING AND DESIGN FORT WORTHo Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Equity firm is owned by a Minority or Woman Business Enterprise (M/WBE) PROJECT # BID # 24-0115 (If Applicable Please Check One) Amendment❑ Change Order ❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. 1. Name of Project: PW-RFQ Brownfields Program Professional Development Services 2, Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm: Cheryl's Drafting & Design Address: 1903 Everglade Court Firm Contact Name/Phone: Cheryl Driscoll 817.366.9399 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): NAICS Code: Cheryl Driscoll :Ez� Z�ent o Certed Bu tress ity Finn) ccddesign001 @gmail.com (Email Address) B. Affidavit of Offeror/Pi ime I HEREBY DECLARE AND AFFIRM that Kevyn Gunn (Owner/Authorized Agent) 0 In the amount of $ 1 0 Cheryl's Drafting & Design (Name of Certified Business Equity Firm) 2/26/2024 (Date) 817.366.9399 (Phone Number) am the duly authorized representative of Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of OfferorlPrime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kev Gunn / Terracon Consultants, Inc. (OJ,.a, horized Agent) Type r Name (Name of OfferodPrime) (rr? February 21, 2024 ( ignatu of0 rAu oriz Agent) (Date) kevyn.gunn@terracon.com (214) 630-1010 (Email Address) (Phone Number) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 7 Involvement of Business Equity Division M/WBE CERTIFICATE - CHERYUS DRAFTING AND DESIGN NOTRCA Women Business Enterprise (WBE) Cheryl's Drafting & Design Cheryl's Drafting & Design has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 541340: DRAFTING SERVICES NAICS 541512: COMPUTER SYSTEMS DESIGN SERVICES This Certification commences August 3, 2023 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: August 31, 2025 Issued Date: August 3, 2023 CERTIFICATION NO. WFWB18938NO825 Certification Administrator Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 8 Involvement of Business Equity Division LETTER OF INTENT - ELC. t'URT WORTH® PROJECT # eto # 24-0115 (If Applicable Please Check One) Amendment ❑ Change Order ❑ Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Eouitv firm is owned by a Minority or Woman Business Enterprise (M/WBE) [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. Name of Project: PW-RFQ Brownfields Program Professional Development Services 2. Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm: Environmental Logistics Company, LLC Address: P.O. Box 3238 McKinney, TX 75070 Firm Contact Name/Phone: Cedric Cascio 1(469) 742-9981 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): Environmental Drilling and Environmental Remediation NAICS Code: 562910, 541990, 541620 Cedric Cascio (Owner[Authorized Agent) Type or Print Name (Signature of Owner/Authorized Agent of Certified Business Equity Firm) ccascio@envirologistics.com (Email Address) B. Affidavit of Offeemr/Pdn e In the amount of $ 4 Environmental Logistics Company, LLC (Name of Certified Business Eq* Firm) February21, 2024 (Date) (469)742-9981 (Phone Number) I HEREBY DECLARE AND AFFIRM that Kevyn Gunn am the duly authorized representative of (Owner/Authorized Agent) Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of Offeror/Prime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kevy unn Terracon Consultants, Inc. (Own rl Au orized Agent) Type r Pr' Name (Name of Offeror/Prime) I February 21, 2024 (Sig atu o?' er lh ize Agent) (Date) kevyn.gunn@terracon.com (214) 630-1010 (Email Address) (Phone Number) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 9 Involvement of Business Equity Division M/WBE CERTIFICATE - ELC. Women Business Enterprise (WBE) a � ENVIRONMENTAL LOGISTICS COMPANY, �• LLC ENVIRONMENTAL LOGISTICS COMPANY, LLC has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 541620: ENVIRONMENTAL CONSULTING SERVICES NAICS 562112: HAZARDOUS WASTE COLLECTION NAICS 562910: ENVIRONMENTAL REMEDIATION SERVICES This Certification commences September 29, 2022 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: September 30, 2024 Issued Date: September 29, 2022 CERTIFICATION NO. WFWB34388NO924 Certification Administrator ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 10 Involvement of Business Equity Division LETTER OF INTENT - MOODY LABS, LLC. FORT WORTH. Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Equity firm is owned by a Minority or Woman Business Enterprise UWBE) PROJECT# BID# 24-0115 (If Applicable Please Check One) Amendment❑ Change Order❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. 1. Name of Project: PVV-RFQ Brownfields Program Professional Development Services 2. Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm: Moody Labs, LLC Address: 2501 Valley View Lane, Farmers Branch, TX 75071 Firm Contact Name/Phone' (972) 241-8460 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): NAICS Code: 541380 Kristin Mo n (Owner/Author'*� a intNa e (Signature of Owner (Authorized Agent of Certified Business Equity Firm) kristin.morton@moodylabs.com (Email Address) B. Affidavit of Offeror/ drnle I HEREBY DECLARE AND AFFIRM that Kevyn Gunn (OwnerlAuthorized Agent) In the amount of $ 1 Moody Labs, LLC (Name of Certified Business Equtly Firm) February 21, 2024 (Date) 972.241.8460 (Phone Number) am the duly authorized representative of Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of Offeror/Prime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kevyn Gunn 11 _ Terracon Consultants, Inc. (0 tMhorized Agent) T o riht Name (Name of Offeror/Prime) n /� /� �/(/yam✓ February 21, 2024 G(SignaT�reofn r JthorizF d Agent) (Date) kevyn.gLMnrc@terracon.com (214) 630-1010 (Email Address) (Phone Number) Department of Diversity and Inclusion Effective 01/01/2021 Business Equity Division Revised. 6-8-21 Email: DVIN_BEOffice@fortworthtexas.gov Ph:817-392-2674 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 11 Involvement of Business Equity Division M/WBE CERTIFICATE - MOODY LABS, LLC. WBENCSSR NATIONAL COUNCIL I�IM FORCE9, YYCCEEV TORETHER. hereby grants SOON, Women's Business EnfeEnterpriselenitienti., to Moody Labs, LLC who has successfully met WBENC's standards as a Women's Business Enterprise (WBE). This certification affirms the business is woman -owned, operated and controlled and is valid through the date herein. Certification Granted: November 20, 2013 Expiration Date: November 20, 2024 WBENC National Certification Number: 2005123572 NAICS: 541380 UNSPSC: 41103400 WBENC National WBE Certification was processed and validated by Women's Business Council - Southwest, a WBENC Regional Partner Organization. jf >7" eea_t� AA1 Authorized by Bliss Coulter, President & CEO WOMEN'S Women's Business Center BUSINESS COUNCIL. SOUTHWEST �t�� R GREATER "�` WB,E&FLORIDA weE�nnE aoNr weEccREA?E oM.NV WBECEAST �!BE ORV WBE�PACIFlC JOBMSENESs WBEGSOUTH WBEGWEST BUSICI2SS WOMENS ___ ____ COUNCIL BUSINESS WBEA COUNCIL 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 12 Involvement of Business Equity Division LETTER OF INTENT - PRECISION ENVIRONMENTAL SERVICES, LLC. FORT WORTH® Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Eauity fine is owned by a Minoritv or Woman Business Enterprise (MIWBE) PROJECT# BID# 24-0115 (If Applicable Please Check One) Amendment ❑ Change Order ❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT), Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required - Do not leave blank. 1. Name of Project- PW-RFQ Brownfields Program Professional Development Services 2. Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm: Precision Environmental Services Address: 702 Houston St, Fort Worth Firm Contact Name/Phone: Brian Jacobs/ 940-597-2673 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply' or "install" or both): NAICS Code (Owner/ Authorized Agent) Type or Print Name (Signature of Owner/Authorized Agent of Certified Business Equity Firm) brian@precisionenviro.net (Email Address) B. Affidavit of txferor/Pdrne I HEREBY DECLARE AND AFFIRM that Kevyn Gunn (OwnerlAuthorized Agent) In the amount of $ 1 % Brian Jacobs (Name of Certified Business Equtiy Firm) 02/29/2024 (Date) 9405972683 (Phone Number) am the duly authorized representative of Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of OfferorlPrime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kevyn unn Terracon Consultants, Inc. (Owns AuI reed Agent) Type r P ' ame (Name of OHerorlPrime) a � �� February 21, 2024 (Signature o(grlquthohze (,gen ) (Date) kevyn.gunnllJJ@terracon.com (214) 630-1010 (Email Address) (Phone Number) Department of Diversity and Inclusion Business Equity Division Email: DVIN BEOffice(i fomvorthtexas.gov Ph:817-392-2674 Effective 01/01/2021 Revised. 6-8-21 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 13 Involvement of Business Equity Division M/WBE CERTIFICATE - PRECISION ENVIRONMENTAL SERVICES, LLC. Women Business Enterprise (WBE) NCTIHCA Precision Environmental Services, LLC Precision Environmental Services, LLC has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 541620: ENVIRONMENTAL CONSULTING SERVICES NAICS 541620: SITE REMEDIATION CONSULTING SERVICES NAICS 924110: ADMINISTRATION OF AIR AND WATER RESOURCE AND SOLID WASTE MANAGEMENT PROGRAMS This Certification commences December 18, 2023 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: December 31, 2025 Issued Date: December 18, 2023 CERTIFICATION NO. WFWB16026N1225 Certification Administrator Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 14 Involvement of Business Equity Division LETTER OF INTENT - SUNBELT INDUSTRIAL SERVICES FORT WORTH® Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information: A certified Business Equitv firm is owned by a Minority or Woman Business Entemrse (MlWBE) PROJECT # BID # 24-0115 (If Applicable Please Check One) Amendment ❑ Change Order ❑ [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.) All Fields are Required - Do not leave blank. 1. Name of Project: PW-RFQ Brownfields Program Professional Development Services 2. Name of Offeror/Prime Contractor: Terracon Consultants, Inc. 3. Name of Business Equity Firm- G.L. Morris Enterprises Inc., DBA Sunbelt Industrial Services 2415 Cullen Street Lance McClure Address: Fnrt Worth TX 7A1m Firm Contact Name/Phone: 4. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): NAICS Code: 562111, 238910, 562000 Lance McClure (Owned Authorized Agent) Typp or Print Name (Signature of Owner/Authorized Agent of Certified Business Equity Firm) Imcclure@sun-belt.com (Email Address) B. Affidavit of offeror/Prime I HEREBY DECLARE AND AFFIRM that Kevyn Gunn (Owner/Authorized Agent) In the amount of $ 4 G.L. Morris Enterprises Inc., DBA Sunbelt Industrial Services (Name of Certified Business EquUy Firm) February 23, 2024 (Dale) 214-415-5219 (Phone Number) am the duly authorized representative of Terracon Consultants, Inc. and that I have personally reviewed the material and facts (Name of Offeror/Prime) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any person/entity that makes a false or fraudulent statement in connection with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. I do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. Kevyn Gunn (Owner A thorned AgenryT or Print Name (Sign ure O r/Authorized Agent) kevyn.gunn@terracon.com (Email Address) Department of Diversity and Inclusion Business Equity Division Email: DVIN_BEOffice@foriworthtexas.gov Ph:817-392-2674 Terracon Consultants, Inc. (Name of OfferorlPrime) February 21, 2024 (Date) (214) 630-1010 (Phone Number) Effective 01/01/2021 Revised. 6-8-21 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 15 Involvement of Business Equity Division M/WBE CERTIFICATE - SUNBELT INDUSTRIAL SERVICES Women Business Enterprise (WBE) NC RCA G.L. Morris Enterprises Inc. / dba Sunbelt Industrial Service DBA Sunbelt Industrial G.L. Morris Enterprises Inc. / dba Sunbelt Industrial Service DBA Sunbelt Industrial has filed with the Agency an Affidavit as defined by NCTRCA Women Business Enterprise (WBE) Policies & Procedures and is hereby certified to provide service(s) in the following areas: NAICS 238910: SITE PREPARATION CONTRACTORS NAICS 562111: WASTE HAULING, LOCAL, NONHAZARDOUS SOLID This Certification commences July 11, 2023 and supersedes any registration or listing previously issued. This certification must be updated every two years by submission of an Annual Update Affidavit. At any time there is a change in ownership, control of the firm or operation, notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. Certification Expiration: July 31, 2025 Issued Date: July 11, 2023 CERTIFICATION NO. WFWB28419NO725 Certification Administrator Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 16 Section 1 Qualifications Certification Section 1 - Qualifications Certification 1.0 QUALIFICATIONS CERTIFICATION The undersigned having carefully examined the specifications, instructions, and conditions set forth in this Request for Qualifications, including all addenda, issued by the City of Fort Worth, affirms that he/she understands all requirements of this RFQ, is authorized to execute this response and any contract(s) and/or other transactions required by award of this solicitation, and hereby proposes to provide the services as specified. The undersigned further attests and certifies that: • Corporate Firm equipment and personnel are capable of performing each task described in the Scope of Work either using firm's resources or through subcontracts. • All qualifications documents have been submitted via the procurement portal, Bonfire. • This qualifications summary and the accompanying qualifications documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. All City contractors are required to comply with Chapter 17, "Human Relations," Article III, "Discrimination," Division 3, "Employment Practices," of the Code of the City of Fort Worth, prohibiting discrimination in employment practices. Submitter agrees that submitter, its employees, officers, agents, contractors or subcontractors, have fully complied with all provisions of such Ordinance, and that no employee, participant, applicant, contractor or subcontractor has been discriminated against according to the terms of such Ordinance by firm, its employees, officers, agents, contractor or subcontractors herein. This Proposal Summary and the accompanying Proposal Documents are intended to be complete and will remain valid for ninety (90) days from the date of submittal. The contractor is required to rill out and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httvs://www.ethic.state.tx.us/filini,-iLnfo/1295/ FIRM: BY: Terracon Consultants, Inc. Kevyn Gunn (Company Name)(print o type name of Sig Iator ) 1801 Handley Ederville Road�VP — 4(Address) (Sign ure) Fort Worth, Texas 76118 (City, State, Zip) (817) 268-8600 (Phone) Senior Associate Title (print or type) Kevyn Gunn (Email) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Section 2 Vendor Compliance to State Law Section 2 - Vendor Compliance to State Law 2.0 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. FIRM: Terracon Consultants, Inc. Company Name 1801 Handley Ederville Road Address Fort Worth, Texas 76118 City, State, Zip By: Kevyn Gunn (print or type name of signatory) J (Signature) Kevyn Gunn Title (print or type) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Section 3 Acknowledgment of Receipt Addenda Acknowledgment of Receipt of Addenda 3.0 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 February 22, 2024 (date received) Addendum Number 2 (date received) Addendum Number 3 - (date received) Addendum Number 4 (date received) Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposal. Terracon Consultants, Inc. By; Kevyn Gunn Company Name (print or type name of signatory) 1801 Handley Ederville Road Address (Signature) Fort Worth, Texas 76118 Senior Associate City, State, Zip Title (print or type) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) XX Section 4 Firm's Qualifications and Experience Section 4 - Firm's Qualifications and Experience EXECUTIVE SUMMARY Terracon, a national leader in Brownfields work, provides extensive technical expertise through our core services (environmental, facilities, geotechnical, and materials). This knowledge ensures we are prepared to address whatever environmental and related technical issues that may be encountered. Our staff of engineers, geologist, scientists, technicians, and field staff have all the necessary registrations, certifications, training, and equipment to provide exceptional services to our clients. We are one of the top public -sector Brownfields consultants in the U.S. with experience on more than 300 United States Environmental Protection Agency (US EPA) funded Brownfields qrants. We have a unique understanding of the beneficial impacts a Brownfields Program can bring to the City of Fort Worth. Our Terracon team brings a wealth of knowledge, expertise, and resources to fulfill the City of Fort Worth's environmental consulting needs. Our technical approach is proven. EPA Brownfields grants have many moving parts that must managed both intermittently and concurrently. Some segments fall away while others need to be added in order to keep a project moving seamlessly forward as it evolves. Terracon will support the City of Fort Worth, as a grant recipient, with our expertise and program knowledge. Our role, as your environmental consultant, is to take the complex EPA Brownfields assessment process and make it as uncomplicated as possible. Approximately 75 percent of all types of grant projects require full -service grant management beyond simple assessment to assist clients in compliance with the EPA Brownfields Program and their Cooperative Agreement. Since the City of Fort Worth is already a grant recipient, Terracon hopes to continue assisting the City with continuation of their Brownfields Program and successful execution of the Brownfields Program requirements. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Firm's Qualifications and Experience COMPANY HISTORYAND OWNERSHIP Terracon is an employee -owned corporation that was originally formed in 1965 as Soil Testing Services of Iowa in Cedar Rapids, Iowa. It soon expanded to include Soil Testing Services of Kansas. In 1980, the two firms were consolidated and were renamed Terracon Consultants, Inc. Terracon has evolved from its roots in geotechnical engineering into a dynamic and growing multi -disciplined consulting firm providing related service lines at local, regional, and national levels. Over its history, Terracon has achieved significant expansion through both internal growth and acquisitions. Terracon currently has more than 6,000 employees in more than 175 locations. Terracon provides: • Environmental ENR Rankings 2023 • Facilities • Geotechnical engineering, and Asbestos and Lead Abatement • Materials engineering and testing services. Top 100 Pure Designers Locally, since 1992 Terracon has been present Top 500 Design Firms in North Texas and our office located in Fort Top 150 Global Design Firms Worth will work together with our other offices to provide the City of Fort Worth with exceptional M Top 200 Environmental Firms service. Terracon consistently ranks as a top 25 design firm by Engineering News -Record. Our successful growth has included organic expansion and innovation as well as the acquisition of more than 60 firms with specialized capabilities. A focused and uncompromising dedication to safety has been integral to how we support our employees, clients, and communities. Subcontractors A detailed explanation of Terracon's selected subcontractors are identified in Section 15. Frisco forth if� 1 Dallas ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Firm's Qualifications and Experience PROJECT EXPERIENCE Terracon provides services on thousands of projects each year. Our culture, systems and structure enable us to excel at both small and large projects. By combining our national resources with specific local area expertise, we consistently overcome obstacles and deliver the results our clients expect. In the engineering industry, Terracon has established a strong reputation of "thinking outside the box" to provide solutions to clients. On past projects with various clients, Terracon's experience has led to innovative practical ways to save time and money while strictly adhering to current regulations. In addition, our office, located on Handley Ederville Road within City of Fort Worth, allows us to respond to any emergency in an expeditious manner. Terracon North Texas offices have delivered quality environmental services for local municipal clients in and around the DFW Metro. The list below showcases the governmental and municipal clients that our firm has had previous and/or current contracts with in the DFW Metro. • City of Aledo • City of Allen • City of Azle • City of Burleson • City of Carrollton • City of Coppell • City of Corinth • City of Dallas • City of Desoto • City of Fate • City of Fort Worth • City of Irving • City of McKinney • City of Mesquite • City of Murphy • City of Plano • City of Richardson • City of Roanoke • City of Rowlett • City of Terrell • City of University Park • City of Valley View • City of Westlake ti? I— rt 17 k• s Ptcar A:rc: Lzgk %14tmn ..... kcmc- lilt J lqd l.� a� 5 d1ld No, kh Wla.k ' �� iy atrrn�iry '�'��— � T =•Y-' 4 la -L a a sf a Fcndon' Terracon's Municipal Environmental projects in the last three years. For additional examples of Terracon projects, please refer to Section 6 (Project References). ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 3 Firm's Qualifications and Experience PROJECT EXPERIENCE Terracon has been active in providing Brownfields related services in North Texas since 2005. With two decades' worth of local experience in providing these services, we can offer the City of Fort Worth a unique team that can assist the City in all aspects of a Brownfields Program. Terracon has had the distinct privilege of working with the City of Fort Worth since 2006 on more than 500 projects and has been working with the City since 2019 on Brownfields Grant Writing and Grant Implementation. We know how to "get the job done" and pride ourselves on exceeding our clients' expectations. Due to our extensive environmental experience, we understand that the consulting team must establish a partnership with our clients and other team members. To provide our clients with timely information, consistency, quick response and accountability, we value working closely as a team. We believe that, because we are an employee -owned company, our staff is empowered to take ownership in their project's success, irrespective of office or project location. Brownfields Project Experience Terracon has participated in the implementation of 317 Brownfields Cooperative Agreements nationwide and the implementation of 18 Brownfields Cooperative Agreements locally. Below are some examples in EPA Region 6 where Terracon worked on projects which included: grant writing; community engagement activities; Brownfields inventory; Phase 1/11 Environmental Site Assessments (ESA); Asbestos/lead inspections; grant programmatic assistance; development of various types of documents and plans; remedial planning, and cleanup activities alongside EPA Brownfields Project Officers and communities to complete successful projects. Name City of Fort Worth EPA Brownfields Assessment Grant (Fort Worth, TX) Project Dates Start Date: October 2020 Completion Date: September 2023 Project Description: Terracon assisted the City of Fort Worth in preparing an EPA Brownfields Community Wide Assessment Grant Application (FY 2020) with the Southside target area and was selected as the City's Brownfields consultant to provide services in support of this $300,000 grant. The scope of services for this project consisted of programmatic support including ACRES reporting, quarterly and annual reporting, EPA policies and procedures, progress meetings, financial coordination, and closeout reporting. Through the grant funds, Terracon conducted Phase I and Phase II ESAs, and developed a generic QAPP and Site -Specific Sampling and Analysis Plans (SSAP) for projects requiring Phase II assessments. Terracon completed 21 Phase I ESAs and five Phase II ESAs as part of the grant funding. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 4 Firm's Qualifications and Experience PROJECT EXPERIENCE Nam City of Alexandria EPA Brownfields Assessment Grant (Alexandria, LA) Project Dates Start Date: October 2020 - Completion Date: Ongoing Project Description: Terracon assisted the City of Alexandria in preparing two EPA Brownfields Assessment Grant Application (FY20/FY23) and was selected as the City's Brownfields consultant to provide services in support of their two grants. The scope of services for this project consists of programmatic support including ACRES database reporting, quarterly and annual reporting, EPA policies and procedures, progress meetings, financial coordination and closeout reporting. Additional program support includes community outreach, and assisting the City in reviewing, prioritizing and selecting their properties for their Brownfields inventory. Once sites are identified, Terracon will perform Phase I and Phase II ESAs, oversight of sub -consultants, Quality Assurance Project Plans (QAPPs) and reuse/remediation cleanup plans as needed. As part of the FY2020 assessment grant Terracon's Project Team prepared a Brownfields Revitalization Plan. The Plan provided direction in prioritizing the City's site inventory and gave vision and clarity to the City Council and residents in understanding the benefits of building a robust Brownfields Program. The Brownfields Revitalization Plan identified three primary target areas in the City of Alexandria that would provide the most benefit its residents. Through the Plan's financial analysis, potential uses of these primary areas were identified: such as senior housing, transit improvement suggestions, and community gathering areas. Through the assessment grant funds, Terracon has conducted Phase I and Phase II ESAs in accordance with the ASTM All Appropriate Inquiry (AAI) requirements, to identify recognized environmental conditions that may hinder the proposed acquisition and redevelopment of sites. In addition, Terracon developed a generic QAPP and Site -Specific QAPPs for projects requiring Phase II assessment. To date, Terracon has performed seven Phase I ESAs, three Phase II ESAs, community meetings, one Brownfields Revitalization Plan, and two ABCA's. One of the sites assessed was an approximately 16-acre set of parcels with a long and complex history of industrial usage including a scrapyard, railroad tracks, and multiple industrial warehouses associated with the Standard Oil Company, among others. Terracon has played an integral role in assisting the City of Alexandria with growing a successful Brownfields Grant Program. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 5 Firm's Qualifications and Experience RELEVANT EXPERIENCE "P=1ity of Arlington Brownfields Assessments Contract (Arlington, TX) Project Dates Start Date: October 2013 - Completion Date: March 2017 Project Description: In September 2013, the City of Arlington approved the Professional Services Agreement with Terracon to manage the Environmental Assessment Services associated with the two new $200,000 EPA Brownfields Grants awarded to the City of Arlington. This was the third Assessment Grant Terracon assisted in writing and implementing for the City of Arlington. Environmental services included Phase I and Phase II environmental investigations, regulatory compliance, MSD consulting, asbestos surveys, Quality Assurance Project Plans, VCP and LPST Program closures, interaction with the EPA and Texas Commission on Environmental Quality and maintaining the EPAAssessment Cleanup and Redevelopment Exchange System (ACRES) database and the City of Arlington Brownfields database. As part of the Brownfields Program, Terracon completed 21 Phase I ESAs,14 Phase II ESAs, and 9 asbestos surveys under the Professional Services Contract, along with assisting the City of Arlington in Brownfields grant administration, which included quarterly reporting, ACRES reporting, and completing M/WBE and Financial forms. The majority of the projects have been focused on revitalization of the central area of the city. Name/Location City of Irving E ownfields Assessment Grant ving, TX) Project Dates Start Date: June 2013 - Completion Date: May 2017 Project Description: As part of the Environmental Services Contract, Terracon assisted the City of Irving in Brownfields grant administration, and assessments. Terracon completed a total of 20 projects under the Brownfields Assessment Grants including three extensive Phase II site investigations, 10 asbestos demolition surveys, one hydraulic lift removal, one VCP application, one MSD application, one Response Action Plan (RAP) and one Response Action Completion Report (RACR). The majority of the projects have been focused the City of Irving's Heritage Crossing District and the Irving Boulevard (Highway 356) corridor to aid in revitalization of this central area of the city. Projects have also occurred in historically industrial areas, to assist with potential large-scale mixed -use redevelopment. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 6 Firm's Qualifications and Experience PROJECT EXPERIENCE Name �ity of Lewisville EPA Brownfields Assessment Grant (Lewisville, TX) Project Dates Start Date: October 2010 - Completion Date: March 2014 Project Description: Terracon assisted the City of Lewisville in completing a winning Brownfields Assessment Grant Application for a $200,000 Petroleum Assessment Grant and a $200,000 Hazardous Substances Assessment Grant. Terracon completed a Generic Quality Assurance Project Plan that helped streamline the Phase II approval process. Terracon developed a comprehensive Brownfields Inventory for the City's Target Areas utilizing information technology solutions to provide Lewisville with an interactive, web- based Brownfields Inventory and Database. It's was designed to be user friendly and to provide valuable information concerning the City's Brownfields sites. The Brownfields Inventory Database was also designed to be flexible to allow changes as the City's Brownfields Program grows. Terracon completed 18 Phase I, nine Phase II ESAs, three Asbestos surveys, and three Cleanup plans for the City of Lewisville. Denton County Transportation Authority EPA Name Brownfields Assessment Grant (Lewisville, TX) Project Dates Start Date: May 2018 - Completion Date: Ongoing (Brownfields Funding Completion: December 2018) Project Description: The Denton County Transportation Authority (DCTA) purchased an approximate 78-acre tract of land in Lewisville, Texas. DCTA constructed their rail operations and maintenance (O&M) facility on a portion of the site and the balance of the property (46 acres) remained vacant. From the mid-1960s to the early 1980s gravel mining operations occurred on the northern and southern portions. After the mining operations ceased, the quarries were filled with rock and construction materials from the 1980s until the early 2000s. Additionally, a junkyard was located on the northwestern portion of the site in the early 2000s and illegal dumping of household trash, construction materials, tires, drums and road construction materials occurred throughout the site until 2011, when DCTA constructed their O&M facility. Light industrial and commercial redevelopment projects were planned for this site; however, suspected contamination from historical site operations impeded redevelopment. Based on the findings on the Phase II ESA, Terracon assisted DCTA in enrolling the site into the TCEQ's Voluntary Cleanup Program (VCP). Terracon is currently assisting DCTA with obtained a Municipal Setting Designation (MSD) for the site to aid in regulatory closure. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 7 Firm's Qualifications and Experience SCOPE OF SERVICES 2.1 Qualifications are being accepted by the City of Fort Worth for the provision of professional services for the application of environmental and engineering consulting services to enhance and refine a Community -Based Brownfields Redevelopment Program for the City of Fort Worth. All services shall be on an as -needed basis. As an employee -owned firm, Terracon has a heightened commitment to our local communities, professional ethics, safety, quality, and client satisfaction. We were one of the early leaders 317+ in the Brownfields Program and have built a national presence that is respected by the United States Environmental Protection Cooperative Agency (US EPA), State Brownfields agencies, and our clients. Agreements We have provided effective program implementation for over 317 Brownfields Cooperative Agreement projects nationwide, including the program implementation of 18 Brownfields Cooperative Agreements locally. Our DFW Texas offices have been in operation for over 30 years and we have more than 200 professional and support personnel including engineers, scientists, architects, facilities experts, and field professionals focused on solving engineering and technical challenges as they arise during the course of this grant program. 2.2 The Provider should identify key challenges in Brownfields redevelopment, critical participants in Brownfields transactions, and important stages throughout processes such as pre -development, assessment, cleanup and development, and long-term property management within the City of Fort Worth. Terracon tailors each Brownfields project to our client and their community to provide services that will have a meaningful impact on your community. We realize that the Brownfields Program does not warrant a one -size -fits -all approach. Although project requirements and tasks are similar for most Brownfields Programs, every community and project have different needs and redevelopment goals that are integrated into our approach. Terracon understands these challenges of Brownfields Redevelopment including the following: • Ensuring the use of Brownfields funds as governed by the conditions outlined in the CERCLA § 104(k); • Determining site eligibility, which requires knowledge of CERCLA requirements; • Assisting with Property Eligibility forms prior to beginning work; • Working with owners and stakeholders to remove the Brownfields stigma; • Meeting expedited development schedules; • Encountering unexpected conditions; • Communicating with several city departments and/or municipalities ; • Interacting with the public and other stakeholders, some of whom may be uninformed or hostile; • Completing several projects concurrently and providing adequate and sufficient resources, timely and clear communication, and on -time delivery, and • Design and Development of Cleanup strategies based on assessment findings to address both costs and effectiveness to meet regulatory requirements ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 8 Firm's Qualifications and Experience SCOPE OF SERVICES 2.2 Continued Terracon is well versed in handling challenges associated with Brownfields. Through our grant application and program implementation experience, we have become very knowledgeable of the regulatory requirements associated with Brownfields funding and can help the City appropriately use funding, avoid negative audit findings, complete necessary assessment and/or cleanup activities, and provide the appropriate Brownfields reporting. In concurrence with the required Brownfields approval and reporting, Terracon understands that Brownfields transaction require more effort to coordinate with critical participants including the City, developers, stakeholders, property owners, tenants, and permitting agencies during redevelopment. Locally, Terracon has completed over 150 individual Brownfields projects and has successfully worked with a variety of participants on sites to a successful completion. These have included Phase I Environmental Site Assessments (ESAs), Phase II ESAs, Asbestos Sampling, Cleanup Planning, and Site Closure through the Voluntary Cleanup Plan (VCP). Terracon understands the process of taking a site from pre -development, to assessment, to cleanup and development, and long-term property management. The key to managing successful projects is coordinating and accurately scheduling the various milestones, deliverables, and tasks while effectively communicating with key participants. Terracon develops and implements detailed project schedules appropriate to the size and scope of the project, which are then re -viewed and updated on a regular basis to show tasks completed and to check the progress of the project and various tasks. Once a project is underway, Terracon updates the schedule as various activities progress with input from the project team members who are responsible for the various elements to ensure proper sequencing and an awareness of the critical path elements. This approach increases productivity in completing various tasks and helps limit issues that can contribute to project delays. 2.3 The Provider is expected to furnish the City of Fort Worth with proven Brownfields strategies that will significantly promote the City's vision for the program and utilize available assets and means to fully engage Brownfields opportunities for projects using private, public -private, and public funding sources to promote the City's overall goal and vision for improved environmental stewardship and municipal responsibility. Terracon routinely provides effective Brownfields strategies to our clients across the country. Our urban smart growth strategies are focused on brownfields redevelopment because Brownfields are what we do, and we have had involvement in the EPA Brownfields Program since its inception. Terracon has been helping communities grow in ways that expand economic opportunity while protecting human health and the environment. For this contract, urban smart growth principles are anticipated to include improved access to affordable housing, increased transportation options, lower transportation costs, expansion of green space, and walkable and bike -able neighborhoods. We understand the City's overall goal and vision and know the Brownfields program will require a combination of private, public -private, and public funding to be fully successful. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 9 Firm's Qualifications and Experience SCOPE OF SERVICES 2.3 Continued Terracon is well acquainted with a variety of strategies to get the job done and understands a single approach is rarely effective. Through our experience with similar contracts and communities, our strategies are proven and measurable. Terracon's in-house planning group provides advanced planning services for all levels of municipal projects, including but not limited to nature parks, gardens, public parks, trails, rights -of -way, public and private open space, and master- planned communities. The planner to be assigned to this contract brings over 30 years of experience in community planning, neighborhood crafting, parks, trail design, recreation planning, and private development. With experience in commercial construction in large-scale landscape architecture, urban design, and planning projects. Our team brings creativity, innovation, and affordable, long-lasting ideas and strategies to the project. Our planning team understands that revitalizing a brownfields starts with understanding how the community's site reuse goals align with local economic, infrastructure, social and environmental conditions. Specific planning activities will help your community determine which reuses are feasible for the site. Site reuse planning is essential because the reuse influences how the site will be assessed, remediated, and maintained post -cleanup. Planning activities, a cornerstone of successful Brownfields strategy that focus on Brownfields reuse are eligible under both EPA Brownfields Assessment and Multipurpose grants. There are a variety of EPA approved planning activities ranging from a single site reuse plan to a larger area -wide plan. Our planning team is experienced with these planning activities and how they can complement a larger comprehensive Brownfields strategy for the City of Fort Worth. An example of a proven successful strategy was the public/private partnership redevelopment of the Central Civico community center in Salt Lake City, Utah. Terracon partnered with Centro Civico Mexicano, a non-profit organization who is the touchstone of Americans with Mexican and other Hispanic backgrounds in Utah. Terracon was integral in securing funding that included Cleanup and Revolving Loan Fund Grants that allowed the project to move forward. The strategy started with the development of a clear vision and purpose for development based on community input and smart planning, gaining a strong understanding the environmental conditions of the site, garnering local, state, and federal government support, and identifying funding opportunities. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 10 Firm's Qualifications and Experience SCOPE OF SERVICES 2.4 Provider shall ensure that the Qualifications Package and any resumes included not only document relevant work experience but also summarize how the Provider has been a good steward of the Client's funds. Additionally, details should be included on how the Provider has brought creative solutions to the table to control costs, reduce remediation time, increase effectiveness, etc. As previously indicated, Terracon was one of the early leaders in the Brownfields Program and has built a national presence that is respected by the United States Environmental Protection Agency (US EPA), State Brownfields agencies, and our clients. We have provided effective Brownfields program implementation for over 317 Cooperative Agreement projects nationwide with $0 in ineligible expenses Locally, Terracon has assisted in grant writing and/or grant implementation/management on Brownfields Grants for the City of Fort Worth (2), City of Arlington (3), City of Lewisville, City of Irving, West Texas Council of Governments, City of Greenville, City of Paris, and the City of Sulfur Springs. With Terracon's vast Brownfields experience, we know how to effectively and efficiently perform the work and EPA required reporting without cost overruns. Terracon has created in-house templates for all aspects of Brownfields management from the initial Community Involvement Plan to the Final Closeout Report. By having a vast Brownfields library and experienced personnel, Terracon does not have to "recreate the wheel", which saves the City time and money. In addition, being an employee -owned company, Terracon prides itself on being a "Partner" to our clients as their interest are our interests. We continually strive to be innovative and creative to not only provide clients with exceptional service and products, but to increase efficiencies and find ways to solve client problems. To that end, Terracon has created numerous in-house proprietary products such as Terradocs, our in-house Phase I report writing program that allows Terracon to import information from the proposal and from the regulatory database provider (EDR and ERIS) directly into the Phase I report, saving time and money from manual input. Terracon has also developed Stage I re -porting, which uses data from thousands of previous Terracon environmental and geotechnical projects to give clients a preliminary look at expected site conditions on a project or help the client evaluate several sites and expected development cost prior to purchase. Terracon also prides itself on resources, which allows our in-house team of experts the ability to perform tasks concurrently and combine sites in close proximity to maximize efficiencies of your funding. Locally, Terracon's DFW team has implemented many innovative strategies to accelerate site closures in a cost-effective manner. Examples of using innovative strategies to avoid costly remediation include: Municipal Setting Designation Closure Services Terracon has extensive experience with the Municipal Setting Designation (MSD) process and has obtained more than 30 MSDs ordinances to date in the DFW Metro. We understand the benefit of the MSD in risk -based corrective action to achieve site closure and as a redevelopment tool. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 11 Firm's Qualifications and Experience SCOPE OF SERVICES Voluntary Cleanup Program and Petroleum Storage Tank Services Terracon utilizes their expert knowledge and experience to develop innovative approaches to site assessment and risk -based corrective action that incorporate our client's project objectives while maximizing cost savings and saving time. Our team routinely utilizes a number of site -specific evaluation approaches including calculation of Tier 2 and 3 Protective Concentration Level (PCLs), groundwater yield testing and Class 3 groundwater classification, slug -testing and non -groundwater- bearing -unit demonstrations, and other statistical methods to derive representative concentrations in site media. These site -specific approaches yield more effective and efficient assessment and closure of sites and often eliminate or reduce the need for costly remediation. Our approach to site assessment and closure has helped us obtain over 200 TCEQ VCP Certificates of Completion for our clients. Second Look Program Terracon has developed and successfully implemented the Second (2nd) Look Program on many sites across the nation. The program is applied to old sites that have been undergoing monitoring or remediation for many years without end in sight. These sites benefit from reviewing the entire project information and updating the conceptual site model based on advancement in technology and changes to regulatory programs. This approach was recently applied successfully on a local LNAPL contaminated site to bring the site to closure. High Resolution Site Characterization (HRSC) HRSC results in improving the site conceptual model but more importantly, it allows the practitioner to make field decisions during site characterization to determine contaminant presence and distribution at a site. The value of HRSC is that it provides remedial design characterization (RDC) data such as transmissive versus storage zones, hydraulic conductivities, and contaminant flux information. HRSC provides information that allows for better remedial action decisions to facilitate site closure. Terracon will work with you to meet your budget requirements. We have a full understanding of your project goals and the required Tasks of a federally funded brownfields project. Terracon takes great pride in our ability to operate efficiently within defined budgets and schedules. 2.6 PRIMARY SERVICES 2.6.1 Identify and provide key programmatic components necessary for the enhancement and continuation of the program into the future; Building a successful Brownfields program requires three key programmatic components: Grant Writing, Grant Implementation, and Grant Closeout. Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 12 Firm's Qualifications and Experience SCOPE OF SERVICES Grant Writing Terracon understands the strongest and most competitive grant applications are a collaborative effort. The effects of Brownfields are personal — they affect families, health, and jobs. No one understands the history, culture, politics, resources, and people better than members of the applicant's community. The City of Fort Worth and residents have access to information and street -level knowledge that even the best consultant cannot replicate. Terracon's role is to guide and enhance the community's effort to improve scoring of the grant applications within the specific funding program. Terracon provides all the scope of services required of your contract and routinely assists our clients with their grant application(s). Our extensive experience and knowledge of the EPA Brownfields Program is instrumental in preparing a strong application. We work closely with our clients to prepare their EPA grant applications, and we take an individualized approach to our grant writing efforts. Our technical staff takes a unique approach to grant writing in that we combine the required statistical data of the application, and directly correlate facts to environmental improvements that can be achieved by successful grantees. Terracon's Brownfields project managers and team routinely assist our clients with their grant applications, integrating extensive experience and knowledge of the EPA Brownfields Program into each grant application. Our staff has assisted clients in obtaining over $71 million in EPA brownfields grants. For the recent FY 2023 EPA Brownfields Grant cycle, Terracon staff assisted clients in obtaining $12.1 million in EPA Brownfields Assessment grant funds. Completing the Scope of Work and Grant Writing Services Terracon provides all the scope of services required of your contract and routinely assists our clients with their grant application(s). Our extensive experience and knowledge of the EPA Brownfields Program is instrumental in preparing a strong application. We work closely with our clients to prepare their EPA grant applications, and we take an individualized approach to our grant writing efforts. Our technical staff takes a unique approach to grant writing in that we combine the required statistical data of the application, and directly correlate facts to environmental improvements that can be achieved by successful grantees. Grant Implementation Approximately 75% of all types of grant projects require full -service grant management beyond simple assessment to assist clients in compliance with the EPA Brownfields Program and their cooperative agreement. Terracon ensures that the applicant doesn't feel abandoned when the application process is complete and creates a strong project team and maintains continuity from grant writing efforts through project implementation. Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 13 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.1. Continued Terracon routinely assists with the preparation and submittal of required grant administration documents. Our approach includes distribution of regular status reports via email to your staff, EPA, and other interested parties. Regular updates greatly streamline the development of quarterly reports. Our staff assists to complete all grant documents, which are further discussed in Section 2.6.11. Terracon can aid in managing the overall grant schedule including meeting EPA -required milestones and maintaining individual project schedules and budgets for assessment and cleanup planning activities. We will also provide a budget tracking template based on your grant task budgets to assist in managing and tracking the City's grant budgets. Terracon will tailor our invoices to reflect grant funding tasks to promote a seamless process to track the federal grant funds. Grant Closeout At the completion of the grant, EPA requires the closeout process to be completed within 90 days of the end of the grant period. Terracon will assist with the completion of the grant closeout summary/report including closeout forms for review and signature by the City. Per EPA requirements, the following information will be provided: • Financial Analysis of Grant (FS425 Form) • Final M/WBE Report (5700-52 Form) • Final Report which includes a summary of outputs/achievements of the grant funds • Final Grant Budget • List of all sites assessed/cleaned up using grant funds • All activities performed using grant funds • All assessment activities uploaded in the EPAACRES Successfully managing and completing each of the three key components above provides the City with a foundation that allows the City to have a successful Brownfields Program now and into the future. 2.6.2 Assist with the development of key components necessary in promoting a sound and viable Brownfields program; Terracon has had the pleasure of working the City of Fort Worth Brownfields Program for the last 5 years and Terracon has seen the City grow their Brownfields Program by creating a full time Brownfields Program Coordinator. Terracon believes this is the first and most important component in maintaining the program. Brownfields take time and effort on the part of both the City and the Consultant to build and move the program forward. A summary of the Key Components are listed below. • Teamwork between the City, Consultant, Community, and EPA; • Constant Communication between all parties: • Preparing Winning Grant Applications; • Grant Implementation and Management; • Tracking of Projects, Budgets, Outcomes, and Accomplishments; • Community Engagement; • Planning; and • Environmental resources, experience, and expertise of the Consultant. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 14 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.3 Establish instruments of business as they pertain to the Brownfields program (e.g. Brownfields agreements, Brownfields applications for the community developers, etc...) Having worked on hundreds of Brownfields Cooperative Agreements, Terracon has developed a vast Brownfields Library with numerous templates to assist in the City in managing and implementing the Brownfields program. We routinely assist communities and developers with brownfields applications specific to Revolving Loan Fund programs. The following are just a few examples of business instruments pertaining to Brownfields Program: • Site Access Agreements for Phase I and Phase 11 Assessment • Brownfields Applications for Site Assessments • Site Ranking Inventory Systems • Budget Tracking • Brownfields Brochures for Marketing and Informational Purposes • Brownfields Presentations with Target Audience Focus (Community, Realtors, Developers, and City Personnel) 2.6.4 Assist in the establishment of a comprehensive Brownfields listing or database within the City of Fort Worth for every potential Brownfields location; Terracon routinely develops Brownfields Site Inventories and databases on behalf of communities to provide them a working basis for Brownfields property management. This requires a system that is continually and easily updated. Believing the system should match a community's technical resources, Terracon provides clients with inventory/ranking systems from simple spreadsheets to integrated GIS mapping. The inventory system should outlast Terracon as the consultant, without need for support beyond the grant. Terracon will deliver thoughtful data visualization products to help communicate project data for our clients, site regulators, and other project stakeholders. We utilize a GIS software platform to develop informative map products and data posting figures as static maps and web -based map deliverables. Regardless of the project scope, we strive to deliver intuitive products to help us evaluate and communicate project data. Site inventory tasks may include: • Integration of input from community outreach meetings to develop numerical categories and weighted averages for ranking properties based on factors tailored to the City's program needs. • Research environmental data and solicit feedback from City personnel and community members regarding local properties. • Develop and populate a GIS Brownfields Site Inventory as a base. • Provide the City an updated Brownfields Site Inventory and Brownfields sites GIS- ready database. • Assist in determining site eligibility in receiving an ESA via the Brownfields Assessment Grant Terracon assisted the City of Arlington with a Brownfields Database. Terracon utilized regulatory databases, historical information, local knowledge, and site observations to identify Brownfields Sites within the City of Arlington. Upon completion, Terracon created a Brownfields database for the City to easily review property information and potential environmental issues associated with specific Brownfields properties. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 15 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.5 Identify key partnerships required within the municipal government as well as in the private sector development and community stakeholders to promote the growth of the Brownfields program; Terracon believes that several partnerships are key within a municipality including Environmental Services, Planning, Real Estate, Economic Development, and the City Council. Each of these departments and the City Council can contribute to a successful Brownfields Program by providing input and specific knowledge about the City, community partners, resources, planned developments or redevelopments, and/or contaminated or blighted areas, all of which are vital for the program. Outside of the municipality, community partners such as developers, property managers, banks, local businessmen, non -profits, and local community -based organizations are necessary to promote the Brownfields program and provide feedback to guide a municipality on wants and needs of the community. Regular community engagement meetings to educate and listen to the community while promoting the Brownfields program will greatly enhance the long-term program success. 2.6.6 The development of a comprehensive program to address the issues of Environmental Justice, community involvement and partnerships, and urban smart growth principles to aid in the protection of human health and the environment within Fort Worth. Terracon understands that urban planning must go hand in hand with Environmental Justice (EJ), even more so when implementing a successful Brownfields program. Poor planning decisions and discriminatory practices have historically heightened the burdens of environmental contamination in low-income neighborhoods and communities of color. With this knowledge, Terracon will assist the City with the continued development of its comprehensive program to address this issue. Terracon will bring the following basic concepts to the program: • Framing how to implement EJ and urban smart growth principles during the planning process; • Visualizing the goal from that process; and • Correcting the misperception that addressing environmental justice and utilizing urban smart growth principles may slow down the planning process. Terracon will work with the City to continue to identify the smartest ways to better align environmental justice and planning to strengthen its program. One method of alignment is through equitable development. Equitable development can be defined as a place - based approach for encouraging environmental justice. As it pertains to environmental justice and planning, equitable development improves community involvement, supports collaborative problem solving; and makes a visible difference in communities that are underserved, such as those targeted by the City of Fort Worth. Improving community involvement is a critical part of the success of your comprehensive Brownfields program. Partnerships will be forged and strengthened to aid in addressing EJ issues and ensuring urban smart growth principles will aid in the protection of human health and the environment. Terracon understands that community involvement and outreach activities will be collaborative efforts. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 16 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.7 Identify and outline strategies for community engagement and communication through the project, ensuring transparency and addressing any concerns; Community engagement is a critical part in the success of our Brownfields projects. The community will participate more in a process they feel they understand. Our Team understands that Community Engagement and Outreach activities will be a collaborative effort between our project team and the City of Fort Worth personnel. To complete this task, Terracon will develop printed and web materials, participate on the Brownfields Redevelopment Task Force, participate in public meetings as needed, and assist with the development of the interactive Brownfields Directory. Terracon routinely engages with local vendors in efforts to support the community and will look to the City's guidance on what local vendors to use where possible. Gathering public input at various stages can help develop projects that draw on and enhance the unique characteristics of each community. Our project team is well versed in communicating with diverse stakeholder groups on Brownfields grant projects, and while we understand City will be completing community engagement and outreach activities, our project team will be available to provide support with these activities as needed. Regardless of the final format and content, the Terracon outreach team will always work to minimize potential obstacles and increase transparency utilizing the following concepts: • Provide the public with accurate, timely, and understandable information and/or access to the information needed to understand the project • Provide the public an opportunity to respond; to give informed and meaningful input • Provide time for the public input to be considered • Give consideration and respect to community input • Assist the public in understanding the brownfields technical (health risk communication and general Brownfields tasks such as what is a Phase I and II ESA) and decision - making program and the community's role in the process on a level most comfortable with the participant. A few techniques the Terracon team uses to keep the community informed include: • Interactive Public Workshops and Meetings • Focus Groups • Community Involvement Plans • Open Houses • Visioning Charettes Public Dialogues/Special School Activities • Project Website • Weekend Walks with Citizens • Social Media • Fact Sheets and Brochures • Online Surveys • GIS Mapping • Informational Presentations • Electronic Information Repositories • Electronic Planning Portfolio • Videos In addition to the standard outreach requirements of a Brownfields Program, we maintain a strong network of developers and corporations through our National Accounts Management program that we collaborate with to stay informed. As the needs of your community redevelopment are further defined through the Brownfields process, we will reach out to our network through this program in the interests of identifying prospects for development opportunities in your Brownfields focus area. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 17 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.8 Establish measurable accomplishments or outcomes (e.g. number of jobs created, tax revenue generated, open space created, etc.) to fully gauge the success of the program. Terracon routinely assists in tracking measurable accomplishments and outcomes on Brownfields. Many of these measurables are tracked in the quarterly reports and ACRES, which the EPA utilizes to track to promote the overall success of the Brownfields Program. Terracon can keep a detailed spreadsheet and work with the City to track the accomplishments on each Brownfields Project site and help publish the information to the Brownfields website to track real time successes of the program. 2.6.9 Provide extensive technical expertise through core Brownfields services, implementation of proven technologies and methods; and Terracon's local environmental team includes over 40 environmental professionals including Professional Engineers, Professional Geologist, a Certified Industrial Hygienist, and numerous licensed environmental personnel. Our environmental services are extensive, varied, and include the following: • Brownfields Grant Management and Writing • Brownfields Outreach & Redevelopment Planning • Site Inventory and GIS Database Development • Cultural Resources • Phase 1/11 Environmental Assessments • Environmental Planning and Permitting • Site Investigation and Closure • Remediation Design and Implementation • Regulatory Compliance • Industrial Hygiene Consulting • Asbestos/Hazardous Materials Consulting Site Characterization and Assessment Activities QAPPs will be developed in accordance with specific Region 6 EPA Standard Operating Procedures and Quality Assurance Manual, EPA Quality Assurance Guidance for Conducting Brownfields Site Assessments (EPA 540-R-038), and EPA Guidance on QAPPs (EPA QA/G5). Terracon has developed hundreds of QAPPs for our clients. The QAPP will serve as the program's general QA/ QC document for Phase II ESAs to be conducted and describes the process for producing analytical data of sufficient quality and quantity to accurately evaluate site conditions and meet data quality requirements in accordance with EPA standards. In addition to EPA QAPP requirements, a Health and Safety Plan (HASP) will also be developed for the individual sites where Phase II ESAs are proposed. Terracon will ensure that sub -consultants selected for assessment activities will perform work in general accordance with Texas Commission on Environmental Quality (TCEQ) requirements as well as EPA Standard Operating Procedures. Terracon will be responsible for the development of the QAPPs and HASPs. Each document will be submitted to the EPA Project Officer for approval prior to the initiation of sampling activities. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 18 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.9 Continued Phase I Environmental Site Assessments Terracon locally performs several hundred Phase I ESAs each year. The purpose of an ESA is to identify recognized environmental conditions (RECs) that may impact the property. Terracon will conduct Phase I ESAs at designated sites in accordance with ASTM Standard El527-21 and the EPA's All Appropriate Inquiries Rule. Phase I ESA activities typically involve the collection and review of information concerning: Phase II Environmental Site Assessments If a recognized environmental condition is identified in the Phase I ESA, a Phase II ESA is typically recommended. The Phase II ESA is designed to obtain additional information relative to potential contamination by collecting and analyzing samples of soil, water, and other materials. The scope of a Phase II ESA is site specific. Components typically include one or more of the following: Cleanup, Corrective Action and Development Planning Cleanup planning entails the feasibility and redevelopment phase necessary to set the stage for cleanup that best fits intelligent, sustainable and profitable redevelopment of Brownfields properties. Our team believes that the cleanup strategy should start incorporating property -level specificity at the earliest opportunities. We routinely suggest conducting and delivering Analyses of Brownfields Cleanup Alternatives (ABCA) and a special section on Considerations for Redevelopment as part of Phase II assessment reporting, depending on client directives. Voluntary Cleanup Program and Petroleum Storage Tank Services Terracon has multiple experts in Texas Risk Reduction Program (TRRP) 30 TAC §350) and Petroleum Storage Tank PST (30 TAC §334) regulations governing the assessment and corrective action at sites in Texas. We utilize this expert knowledge and experience to develop innovative approaches to site assessment and risk -based corrective action that incorporate our client's project objectives while maximizing cost savings and saving time. Our approach to site assessment and closure has helped us obtain over 200 TCEQ VCP Certificates of Completion for our clients. Remediation and Site Closure Activities Remediation services typically require the development and implementation of a corrective action plan. The selected actions may require additional assessment, design of remedial systems, pilot testing, and life -cycle cost estimates. Intent on helping clients reduce project costs and expedite site cleanup, Terracon develops bid documents and design specifications associated with subcontractor services for excavation, construction, operation, maintenance, and monitoring. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 19 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.9 Continued Other Brownfields Services: • Asbestos and Lead Based Paint Service and Abatement Planning and Monitoring • Mold Surveys • Natural Resources and the National Environmental Policy Act • NEPA Screens • Environmental Site Assessments (ESA) • Environmental Impact Statements (EIS) • Endangered Species Surveys/Cultural and Archaeological Surveys 2.6.10 Provide assistant in preparation of the various applicable EPA Brownfields Grant opportunities available to the City of Fort Worth; and Terracon has been assisting communities in their grant preparation since the inception of the EPA Brownfields Program and has extensive experience in writing a variety of Brownfields related grants including Assessment Grants, Cleanup Grants, Multipurpose Grants, and Job Training Grants. Terracon will assist the City's Brownfields Coordinator and team with their grant applications, integrating extensive experience and knowledge of the EPA Brownfields Program into each grant application. Our staff has assisted clients in obtaining over $71 million in EPA brownfields grants. For the recent FY 2023 EPA Brownfields Grant cycle, Terracon staff assisted clients in obtaining $12.1 million in EPA Brownfields Assessment grant funds. During the last five years, Terracon staff has assisted clients nationwide in obtaining over $27 million in EPAAssessment and Multipurpose grants, with an overall grant writing success rate for our clients of 72 percent; making Terracon one of the most successful firms in assisting communities with building their Brownfields programs. 2.6.11 Provide assistant in preparation of the various required reports to the EPA, including, but not limited to, quarterly updates, Qualitative Management Plan (QMPs), Analysis of Brownfields Clean-up Alternatives (ABCA), Quality Assurance Project Plans (QAPPs), Community Involvement Plans (CIP), and ACRES, BABA and EJ-40 familiarity. Terracon routinely assist with the preparation and submittal of required grant administration documents. Our approach includes distribution of regular status reports via email to your staff, EPA, and other interested parties. Regular updates greatly streamline the development of quarterly reports. Our staff assists to complete all grant requirements including the EPA -required work plan(s) development, Quality Management Plans, Quality Assurance Project Plans (QAPP), Analysis of Brownfields Cleanup Alternatives (ABCA),property profile forms, ACRES database entries, quarterly reports, redevelopment plans, Community Involvement Plans (CIP), minority (M/WBE) participation forms, and annual financial forms. Terracon has performed each of these services for the City of Fort Worth on the Assessment Grant and/or the current Cleanup Grant. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 20 Firm's Qualifications and Experience SCOPE OF SERVICES 2.6.11 Continued In addition to completing the above required Brownfields reports, it should be noted that the current administration signed the Infrastructure Investment and Jobs Act into law in 2021, which includes the Build America, Buy America Act (BABA). BABA requires that funds made available for a Federal financial assistance program for infrastructure projects include iron, steel, manufactured products, and construction materials are produced in the United States. Terracon understands the applicability of this requirement and will ensure when these types of products and materials are utilized under the City's program, US made materials will procured. The administration also has a Justice40 Initiative that directs 40% of the overall benefits of certain Federal investments to disadvantaged communities that are marginalized and overburdened by pollution and underinvestment. Terracon will help ensure the City's Brownfields Program will endeavor to meet this commitment and advance environmental justice and equity considerations in all aspects of its work. 4.0 FIRMS QUALIFICATIONS AND EXPERIENCE Terracon has assisted with over 140 communities in the development and implementation of their Brownfields programs, with the implementation of projects 70 projects in EPA Region 6, giving Terracon the experience and depth of services to support the City. Terracon has a long-established relationship with the EPA Brownfields Program. Terracon professionals have personal working relationships with EPA Directors and Administrators at the Washington, D.C. headquarters. Terracon has more than 27 years of environmental experience managing the scope of services in Brownfields programs, bringing a depth and breadth of capability that few other firms can offer. Terracon fully understands that Brownfields redevelopment is not simply about environmental assessments, but the ability to find balanced reconstruction solutions at the pace of business. Terracon routinely assists communities in all aspects of Brownfields services from grant writing through project implementation, including leveraging of funding and incentives and programmatic support. With our depth of knowledge of implementing federally funded Brownfields programs, we bring the critical qualifications to support your team to assist in implementing the goals of your program. Award Winning Program The Phoenix Awards Institute, an environmental and service non-profit organization, is dedicated to honoring outstanding brownfields redevelopment projects. The Institute recognizes the professionals I 4 who use innovative solutions within the revitalization ®� ro ` projects transforming blighted sites into new community assets. Terracon has been a part of more Phoenix Award winning project teams than any other consultant. Terracon's most recent Phoenix award at the 2023 EPA Brownfields National Conference, for the SeaPoint Industrial Terminal Complex, a redevelopment project that closed a year ahead of time and over $2 million under budget. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 21 Firm's Qualifications and Experience SCOPE OF SERVICES - WEB -BASED CUSTOMER SERVICES Compass is Terracon's latest client interfacing tool and elevates the way we do business. Within the Compass, you can access your Brownfields projects and their associated data and reports. Compass shows your team members an interactive map with locations of past and present projects to navigate geographically; or for those that prefer a tabular format, we have that option too. Either way, as you collaborate with Terracon, your team members will be able to build a library of past projects curated Online through a secured login. That means a few years after completion, your team can readily find a final, signed deliverable. I ...;, - Options - 0 project O vroJea boreers O T—con Geotechnical Data Project Map view Rap n iab Project Photos - Final Reports Opro,ea Photoz F.- Ph— I ESP O General - Proposal/Work Authorization F.-Nrase: - Proposal p l L 'SgnM Comma - Site Photographs 'Motogrcphc Loq Images 0 Site Diagram - Environmental Regulatory Database Layers Information 'Radius Mep - HIs Hr l Documentation and User Na[ioc.al Questionnaire rsru wexe a p .v oto phM _ nul Topogrc1 Rapz l r •c1ry Duewmn 'User g sire � i. rEHa Fled x.:.N zan.: - FOIA Documents 'pEg Investipekm Report � N wno..l a. „s.. oa x.:to.. vucn 9 closure ceg Imo ceQR Closure RecommmdMion Ste 6liwbm.i wexanev an.en ry(xvn) Terracon GIS Capabilities Terracon uses the most advanced GIS software applications and database management tools in the industry to help us effectively manage, analyze, and visualize site data in support of projects nationwide. We leverage the ArcGIS platform to provide a wide range of project solutions from traditional map documents to custom web applications. Our staff are versed in a variety of programming tools and languages to deliver customized project solutions, and manage project geospatial data. We also utilize 3D modeling applications for complex sites requiring advanced data analysis and visualization. Regardless of the project scope, we strive to deliver intuitive products that help us communicate project data to our clients and other project stakeholders. Innovative Data Gathering Technology Unmanned Aircraft Systems (UAS) are quickly becoming essential tools in the engineering and construction industry. Terracon has a growing, DFW-based staff of certified drone pilots to meet our clients' environmental consulting needs. Conducting thorough environmental site assessments is now easier than ever. Drones can provide access to difficult places and quickly cover a large area without exposing staff to hazards. Additionally, project accessibility and size pose significant consulting challenges, including the access costs of a traditional building condition assessment. Terracon's facilities professionals use our internal drone resources to provide more effective means of visual assessment of difficult -to -reach building systems. Terracon applies new processes, methodologies, and techniques to cost-effectively solve project challenges. Our innovative use of drone technology enables us to customize an approach to efficiently mitigate and prevent risks, as well as save time. Terracon has licensed Drone operators. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 22 Firm's Qualifications and Experience TERRACON PERSONNEL Terracon's experience provides the structure to develop appropriate work scopes, identify critical milestones, select team members with the right mix of skills, manage the work efforts, and provide quality assurance and quality control oversight. Terracon's proposed team has worked on hundreds of projects over the years. Their unique understanding of working within the guidelines and procedures of the local office will allow Terracon to provide the City of Fort Worth with a comprehensive scope of services for each project. Terracon's professionals and key specialists that will be assigned to the City of Fort Worth, including their resumes, certifications, licenses, professional memberships, awards, and technical expertise are included below. Mr. Jack A. McCranie, P.G., LRA, is the DFW Environmental Manager with Terracon, has been designated as the Program Manager for City of Fort Worth. Mr. McCranie has more than 28 years of environmental consulting experience. Mr. McCranie is a professional geoscientists and Texas Department of State Health Services licensed lead -based paint risk assessor, and he will be responsible for the overall service delivery by Terracon, as well as Contract Administration. Mr. McCranie will devote 20% or more depending on the scope of work to the City of Fort Worth contract. Mr. Scott M. Kolodziej, P.G., is the National Director for Environmental Services in Terracon's Dallas office, has been designated as the Principal in Charge. Mr. Kolodziej and he is a licensed Professional Geologist. Mr. Kolodziej has over 19 years of environmental experience and will be responsible for the overall service delivery by Terracon. Mr. Kolodziej will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Ms. Belinda Richard has been designated as the Regulatory Liaison for the City of Fort Worth Brownfields program. Ms. Richard is Terracon's National Brownfields Director and has more 27 years of environmental experience and more than 19 years of Brownfields grant experience. Ms. Richard will be responsible for providing technical review for all stages of the grant. Ms. Richard will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Mr. Zach "Lem" Dial, P.E. will provide QA/QC for the City of Fort Worth Brownfields Program. Mr. Dial is Terracon's Regional Brownfields Manager and has 19 years of experience in all facets of environmental assessment and remediation and has obtain his EPA Region 6 Quality Assurance Manager certification. Mr. Dial will devote 10% or more depending on the scope of work to the City of Fort Worth contract. Ms. Becky Horace, MPA will provide Programmatic Support/Grant Writing/ Outreach for the City of Fort Worth Brownfields program and will be responsible for the coordination of Brownfields Program support, grant applications, and grant writing. Ms. Horace has over six years of experience writing Brownfields grant applications. Ms. Horace will assist in writing grant applications through research and properly express the needs of the local community. Ms. Horace will devote 10% or more depending on the scope of work to the City of Fort Worth contract. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 23 Firm's Qualifications and Experience TERRACON PERSONNEL Lauri Kuntz will provide Grant Writing services for the City of Fort Worth Brownfields program. Ms. Kuntz has over 21 years of experience in grant writing and project management for non -profits and local governments. Ms. Kuntz will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Mr. Dave Harris, PLA, ASLA will provide Planning Manager for the City of Fort Worth Brownfields program, and brings more than 33 years of experience in community planning; urban design, and neighborhood crafting. Mr. Harris will devote 5% or more depending on the scope of work for the City of Fort Worth. Mr. Theron V. Epp, CESCO is the Phase I Manager for the Brownfields Program. Mr. Epp has more 24 years of environmental experience in asbestos sampling, mold assessments, Phase I Environmental Site Assessments, and Phase II Limited Site Investigations. Mr. Epp is a Senior Associate and an Environmental Department Manager within the Terracon's DFW Metro. Mr. Epp will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Mr. R. Wade Watkins, CHMM is the Phase II ESA Manager for the Brownfields Program. Mr. Watkins has more 24 years of environmental experience managing project involving environmental investigations, site remediation, and hydrogeological supply issues. Mr. Watkins will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Dr. Marwan F. Salameh, Phd., P.E., is a Senior Engineer with Terracon, and has been designated as the Remediation Manager for the Brownfields program. Dr. Salameh as more than 30 years of experience and is the lead remediation engineer in Texas. He is a licensed professional engineer in the State of Texas (License No. 81554). Dr. Salameh will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Mr. R. Jeff Smith, PG, REM, IAC has been designated as the Hazardous Materials Manager for the Brownfields Program. Mr. Smith has more than 30 years of experience in environmental management, which includes asbestos consulting, hazardous material assessment, and client management. Mr. Smith will devote 5% or more depending on the scope of work to the City of Fort Worth contract. Mr. Timothy Capps, JD is the Group Manager with the Environmental Planning Department and has been designated as the Permitting Manager for the Brownfields Program. Mr. Capps has over 20 years of natural resource and environmental experience and 14 years working with municipalities. Mr. Capps will devote 5% or more depending on the scope of work to the City of Fort Worth contract. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 24 Jack A. McCranie, PG, REM Scott M. Kolodziej, PG J� DFW Environmental Manager National Director, Environmental Theron V. Epp, CESCO I Department Manager, Belinda Richard Due Diligence National Brownfields Manager o o R. Wade Watkins, CHMM Phase II ESA Manager Lem Dial, PE �i Regional Brownfields Manager - • • .. . , . ` t Marwan F. Salameh, PhD, PE Environmental Engineer �. Becky Horace, MPA . . Brownfields Grants Manager _ 1 R. Jeff Smith, PG, IAC '. Hazardous Materials Manager ' Lauri Kuntz Grants Coordinator • Timothy V. Capps, JD Group Manager, Dave Harris, PLA, ASLAA, Environmental Planning Planning Manager Cheryl's Drafting and Design Precision Environmental Services, LLC. Sunbelt Industrial DHL Analytical, LLC. Cates Laboratories, Inc. Environmental Logistics Company, LLC. Moody Labs, LLC. Personnel Qualifications and Experience PERSONNEL TABLE Principal in Charge Program Manager Regulatory Liaison A ' VE Programmatic Support/Grant Writing/Outreach Grant Writing Planning Phase I ESA (6 Additional Employees) Phase II ESA (13 Additional Employees) Remediation Hazardous Materials (8 Additional Employees) Permitting (4 Additional Employees) rqmm Scott Kolodziej, PG Jack McCranie Belinda Richard Lem Dial, PE Becky Horace, MPA Lauri Kuntz Dave Harris, PLA, ASLA Theron Epp, CESCO Wade Watkins Marwan Salameh, PhD, PE Ir-4i1•0ii511 Timothy V. Capps, JD 19 28 27 19 C 21 33 24 24 `E:3 ail U11 14 19 9 15 <1 X 23 im 5 1 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 26* Section 5 Firm's Licenses & Certifications Section 5 - Provider's Licenses and Certifications TERRACON Terracon Texas Comptroller of Public 14212499173 Business Verification: Accounts Terracon Office of the Secretary of 800289826 Certificate of Fact State M1 NA Terracon Texas Department of State Asbestos Consultant Agency Health Services (TDSHS) 100157 11/30/2024 Terracon TDSHS 300381 04/22/2024 Asbestos Laboratory/PCM: Terracon TDSHS 300415 5/21 /2024 Asbestos Laboratory/PCM: Terracon Texas Department of Mold Analysis Laboratory: Licensing d Regulation 9 ang LAB1010 2/15/2026 Terracon Texas Department of Mold Assessment Company: Licensing d Regulation g ang AC00117 3/14/2026 Terracon TDSHS 2110106 3/20/2026 Lead Firm: Dial, Lem United State Environmental R6 QATraining: Protection Agency NA NA Epp, Theron Certified Environmental and National Registry of Environmental Professionals 62277447 NA Safety Compliance Officer Kolodziej, Scott Board of Professional Professional Geologist: Geoscientists 10536 NA Kolodziej, Scott Texas Commission on PM0000459 Valid with PG LPST Project Manager: Environmental Quality (TCEQ) Y License Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Provider's Licenses and Certifications TERRACON McCranie, Jack Texas Department of State Health Asbestos Inspector: Services (TDSHS) McCranie, Jack TDSHS Lead Risk Assessor: McCranie, Jack Board of Professional Professional Geologist: Geoscientists Smith, Jeff Asbestos Individual TDSHS Consultant Smith, Jeff Scientific Investigation & Abatement Design/ Instruction Institute NESHAP Smith, Jeff Scientific Investigation & Air Monitoring Technician Instruction Institute Smith, Jeff Board of Professional Professional Geologist: Geoscientists Watkins, Wade Institute of Hazardous Materials Certified Hazardous Management Materials Manager: Watkins, Wade TCEQ LPST Project Manager: Salameh, Marwan Texas Board of Professional Professional Engineer: Engineers and Land Surveyors 601747 02/21 /2025 2070549 09/04/2025 11204 NA 2/15/2024 98012 - New Certificate Pending 100.005.145.033 4/4/2024 100.005.145.034 4/3/2024 5395 10/31 /2024 14690 06/30/2028 PM0000375 11 /20/2026 81554 06/30/2024 ■� City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Provider's Licenses and Certifications TERRACON - TEXAS COMPTROLLER OF PUBLIC ACCOUNTS This page is valid for most business transactions but is not sufficient for filings with the Secretary of State Obtain a certification for filings with the Secretary of Mate. TERRACON CONSULTANTS, INC. Texas Taxpayer Number 14212499173 Mailing Address 10841 S RIDCEVIEW RD OLATHE, S 56061-6456 Right to Transact Business in Texas ACTIVE State of Formation DE Effective SOS Registration Date 12/30/2003 Texas SOS File Number 0800 89826 CORPORATION SERVICE COMPANY Registered Agent Name DFB/A CSC -LAWYERS INCO Registered {Office Street Address 211 E. 7TH STREET SUITE 520 AUSTIN, TIC 78701 Or City of Fort Worth I Brownfields Professional Development Services (24-0115) 3 Provider's Licenses and Certifications TERRACON - CERTIFICATE OF FACT Corporations Section CE O P.O.Box 13697 Austin, Texas 78711-3697 a Office of the Secretary of State Certificate of Fact Jane Nelson Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that according to the most recent information in the records of this office the following persons are listed as managerial officials for Terracon Consultants, Inc, a DELAWARE, USA, Foreign For -Profit Corporation, file number 800289826. M GAYLE PACKER 10841 S Ridgeview Road PRESIDENT Olathe Ks - 66061 M GAYLE PACKER 10841 S Ridgeview Road DIRECTOR Olathe Ks - 66061 DONALD J VRANA 10841 S Ridgeview Road TREASURER Olathe Ks - 66061 MICHAEL J YOST 10841 S Ridgeview Road SECRETARY Olathe Ks - 66061 AARON J MANN 10841 S Ridgeview Road GENERAL COUNSEL Olathe Ks - 66061 PATRICK L COURTNEY 10841 S Ridgeview Road ASSISTANT SECRETARY Olathe Ks - 66061 BRYAN M PARIS 10841 S Ridgeview Road ASSISTANT TREASURER Olathe Ks - 66061 TIMOTHY W ANDERSON 10841 S Ridgeview Road DIRECTOR Olathe Ks - 66061 VICTOR R DONALD 10841 S Ridgeview Road DIRECTOR Olathe Ks - 66061 Come visit us on the internet at https✓/www.sos. texas.gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS -WEB TID: 10251 Document: 1260096270004 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 4 Provider's Licenses and Certifications TERRACON - CERTIFICATE OF FACT Corporations Section , E p� Jane Nelson P.O.Box 13697 `'Df Secretary of State Austin, Texas 78711-3697 x Office of the Secretary of State MAROUN MOUSSALLEM 10841 S Ridgeview Road DIRECTOR Olathe Ks - 66061 ROBERT W PAVLICEK 10841 S Ridgeview Road DIRECTOR Olathe Ks - 66061 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 22, 2023. 0 � � f W y x ` Jane Nelson Secretary of State Come visit us on the internet at https✓/www.sos. texas.gov/ Phone:(512) 463-5555 Fax:(512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS -WEB TID: 10251 Document: 1260096270004 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 5 Provider's Licenses and Certifications TERRACON - CERTIFICATE OF FACT Corporations Section TE p P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State MAROUN MOUSSALLEM DIRECTOR ROBERT W PAVLICEK DIRECTOR IM& Jane Nelson Secretary of State 10841 S Ridgeview Road Olathe Ks - 66061 10841 S Ridgeview Road Olathe Ks - 66061 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on June 22, 2023. Jane Nelson Secretary of State Come visit us on the internet at https✓fwww.sos. texas.gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS -WEB TID: 10251 Document: 1260096270004 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 6 Provider's Licenses and Certifications TERRACON -ASBESTOS CONSULTANT AGENCY Texas Department of State Health Services TERRACON CONSULTANTS INC is certified to perform as an Asbestos Consultant Agency in the State of Texas and is hereb7governed b7 the rights, pnblleges and responsib&acs set forth in Texas Occupations Code, Chapter 1954 and Tide 12, Texas Administrative Code, Chapter295relating to Texas Asbestos Health Protection, as long as this hcense is not suspended or revoked. License Number.• 100157 Control Number.• 97529 //Jj. ��111 fk. j4um&rShuford, AM, MPH, Commissioner ofHealth VOID IF ALTERED NON -TRANSFERABLE Expiration Date:1113012024 ([Told After Expiration Date) SEE BACK Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 7 Provider's Licenses and Certifications TERRACON -ASBESTOS LABORATORY LICENSE (DALLAS) Texas Department of State 14calth Services TERRACON CONSULTANTS INC is c rr-ofled ru perrK tLn a.r art Asbestos Laboratory 196101 la the Srsr€ of Texas uhdlti Afrebrgoremr,db)-1iar. rX5UA,prrpile rsanJrrrPU"."U1 & RYfOrd2in F(Mg Occuiutrow C'tadr, aRprer 1954 and 7kke. 1 ; C'r,r}, CMutta .295jeftz W to Terns {s&sros lfa aiM Pr(mv +ari as ,Porig rt rAr.% jkwei.�r as hoar mu.ywrj&d ar m--oted txa }1+1 r 96627 I fra�fzrl Hc��cr.,rcrll, ,1aFfJ� crt Ira 1.r3'hdr Of Hea fb E3pimxwn e: 0412212UW4 cddA &w Da,) 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 8 Provider's Licenses and Certifications TERRACON -ASBESTOS LABORATORY LICENSE (FORT WORTH) License Number: 300415 Name: License Type: License Status: Expiry Date: Effective Rank Date: TERRACON CONSULTANTS INC Asbestos Laboratory Current 05121l2024 05/2212012 Addresses Main Address Address 2501 EAST LOOP 820 NORTH FORT WORTH, TX TARRANT 76118 US Phone Number: 8172688600 Current Dare: 07127,Q023 08:41 AM ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 9 Provider's Licenses and Certifications TERRACON - LEAD FIRM Texas Department of State Health Services BE ITAWOWN THAT TERRACON CONSULTANTS INC is certified to perform as a Lead Firm in the State of Texas and is hereby governed by the rights, pnT,7]eges and responsibilities set forth in Texas Occupations Code, Chapter 1955 and Title 25, Texas _4 dministrauve Code, Chapter 295 j relating to Texas Environmental Lead Reduction, as long as this license is not suspended or revoked Cerlrficadon Number. 2110106 Expiration Date: 0312012026 t J�ershuford,AM Control Number.• 7531 MPH, Commissioner of (VoidAftetExpiratron Date) T&alrh VOID IF ALTERED NON -TRANSFERABLE SEE BACK Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 10 Provider's Licenses and Certifications TERRACON - MOLD ANALYSIS LABORATORY TEXAS DEPARTMENT OF LICENSING AND REGULATION P.O. Box 12157 Austin, Texas 78711-2157 1-800-803-9202 (512)463-6599 www.tdir.texas.gov 11 120902-LA81 010 TERRACON CONSULTANTS, INC. 1801 HANDLEY EDERVILLE RD FORT WORTH TX 76118-7102 Rick Figueroa Chair Thomas F. Butter Vice Chair If you cut around the border of the license it will fit in a standard 5" x 7" frame. GeraCdR. CaCCas,-q�LD., FA.S.A. Wora Castaneda Sujeeth Draksharam Lori High, R.N., N.P., Retired Gary F. -Wesson, D.D.S., N.S. MoCdAnaCysis Laboratory . TERRACON CONSULTANTS INC 1801 HANDLEY EDERVILLE RD FORT WORTH License Number: LAB1010 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: February 15, 2026 1. Brian E. Francis 11 Interim Executive Director Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 11 Provider's Licenses and Certifications TERRACON - MOLD ASSESSMENT COMPANY TEXAS DEPARTMENT OF LICENSING AND REGULATION P.O. Box 12157 Austin, Texas 78711-2157 1-800-803-9202 (512) 463-6599 www.tdir.texas.gov If you cut around the border of the license it will fit in a standard 5" x T' frame. 10345835-AC00117 0 0 0 0 rn TERRACON CONSULTANTS, INC. ONo 1801 HANDLEY EDERVILLE RD FORT WORTH TX 76118-7102 Rick ,Figueroa Chair Thomas ,F. Butter Vice Chair geraCdR. CaCCas, M.D., FA-S..a. Nora Castaneda Sujeeth Draksharam Lori High, R.N., N.P., Retired Gary F. Wesson, D.D.S., M.S. NoCdAssessment Company TERRACON CONSULTANTS INC 1801 HANDLEY EDERVILLE RD FORT WORTH License Number: AC00117 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: March 14, 2026 L Brian E. Francis 7 Interim Executive Director Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 12 Provider's Licenses and Certifications TERRACON - LEM DIAL A United States AwlEPA Environmental Protection Agency Search EPA.gov R6 QA Training Certificate Please print and save this training certificate. R6 QA Online Training Certificate This Certifies that Zack Dial has satisfactorily completed a training program in Quality Project & Program Management on December-16-2021 y4< VFOSE�` Sala N. Senkayi, Acting RQAM Menu ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 13 Provider's Licenses and Certifications TERRACON-THERONEPP ,QatiurtaC Regtmrp of enbtronmental 'Profe.5!5tonaI,5 for (ftbtronmental Certifications This il; to Certifp that Tberon (Epp habing gucefs.gfullp bemonotrateb to the Zcabemic 38oarb of thig organisation Me requtreb Jebel of bnoWlebge anb abilitp, io here by aWarbeb the bigtinction of Certifieb (Enbironmcento.Y orb *ofetp Compliance (Officer together b ith all rights, benefits anb pribilegeg attacheb thereto anb that the name anb title of the aforementioneb regiotrant ig; tobap placeb upon the regioter of the organisation. Vexecutibe direc Oiben unber our hanbo on this 210 bap of December, 2012. 622774447 Registrant -Qumber This Certificate is the property of the National Registry of Environmental Professionals and must, upon demand, be returned. Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 14 Provider's Licenses and Certifications TERRACON - SCOTT KOLODZIEJ � V-O f ES,V10 STATE OF TEXAS PROFESSIONAL GEOSCIENTISTS SCOTT M. KOLODZIEJ Soil Science :t LYcense Number 10536 In accordance wt ovisions of the Texas Geoscience Practice of Professional Geoscientists hereby certifies that the above earn licensed as a Professional Geo�iqentist on March 23, a r• y (� I� h SS'y Chairman, Texas Board of Professional Geoscientists e Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 15 Provider's Licenses and Certifications TERRACON - SCOTT KOLODZIEJ TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that SCOTT M KOLODZIEJ I3G has fuoli!!ed the re uirements in accordance with the laws of the State of 7"eXas for LPST PROJECT NIANAGER License Number.' PM0000459 Issue Date: 07/21/2010 `Viration Date: Valid if PE or PG license is not revoked and is renewed according to law„ �f EXecu t i ve 'Di rec torn Ce 'Xas Comm&sion on Enthron-C duality ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 16 Provider's Licenses and Certifications TERRACON - JACK MCCRANIE Texas Department of State Health Services Asbestos Inspector JACK A MCCRANIE qV License %o. 601747 Contra No. 100470 E x pirabon pate: 21-Feb -20 2 5 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 17 Provider's Licenses and Certifications TERRACON - JACK MCCRANIE Texas Department of State Health Services BE IT KNOWN THAT JACK A MCCRANIE is certified to perform as a Lead Risk Assessor iu the State of Texas and is hereby governed br the rights, privileges and responsibihftes set forth in Texas Occupations Code, Chapter 1955 and Title 25, Texas _Administrative Code, Chapter 295 relating to Texas Envuorrrnental Lead Reduction, as long as this Ecense is not suspended or revoked. Cerdficadon Number. 2070549 Expiration Date: 0910412025 ly zk� � j6wfer Shuford, AM Control Number.• 8170 Af'g Commissioner of ([raid After Expiration Date) ;V aIth VOID IF ALTERED NON -TRANSFERABLE SEE BACK Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 18 Provider's Licenses and Certifications TERRACON - JACK MCCRANIE STATE OF TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS { JACK A. MCCRANIE . ` . Geology License Number �� r. In accordance with the provisions of the Texas Geoscience Practice A�e.6he Texas Board of Professional Geoscientists hereby certifies that the above named individual was gyp° licensed as a Professional Geoscientist on December 8, 2011. J „ti Chairman, Texas Board of Professional Geoscientists - Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 19 Provider's Licenses and Certifications TERRACON - JEFF SMITH ROYJ. SMITH, PG Geology License #5395 Expires October 31, 2024 In accordance with the provisions of the Texas Geoscience Practice Ad, the Texas Board of Professional Geoscientists hereby certifies that the above named individual has been licensed as a Professional Geoscle St. W. David Prescott, PG, TBPG Chairman ROYJ. SMITH, PG Geology z K License #5395 Expires October 31, 2024 In accordance with the provisions of the Texas Geoscience Practice Act, the Texas Board of Professional Geoscientists hereby certifies that the above named individual has been licensed as a Professional Geosrkentist. W. David Prescott, PG, TBPG Chairman Texas Department of State Health Services Asbestos Individual Consultant ROY JEFFREY SMITH License No. 105079 Control No. 98012 Expiration Date: 15-Feb-2024 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 20 Provider's Licenses and Certifications TERRACON - JEFF SMITH SCIENTIFIC INVESTIGATION & INSTRUCTION INSTITUTE CERTIFICATE of ACCREDITATION to Certify that RDyJeffreYS/71t7 has successfully completed the course work in compliance with TSCA Title 11 EPA MAP 40 CFR 763 Appendix C to Subpart E on 4/5/2023 for the annual wdate: Managing ACBM in Buildings 1 Qfl.Ofl5 tI 4S .032 415/2024 Cat Number Expiration Date Scientific IU,-.3cirALiV.. & Instruction Institute 9430 Research Blvd. Echelon Two, Suite 120 Austin, Texas 78759 ' (512) 338-5379 i jow/z I Jo n M, 44ett, Jr. - fnstructor Director of Training Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 21 Provider's Licenses and Certifications TERRACON - JEFF SMITH SCIENTIFIC INVESTIGATION & INSTRUCTION INSTITUTE CERTIFICATE of ACCREDITATION to certify that Ro,YA?ffroyS177ffl1 has suecessfulty completed the course work in compliance A4th 25 TAC 296.73(a).(4) on 4/3/2023 for the annual update - Air Monitoring Technician 100.005.145.034 41312424 Certificate Number ExpirutioD Date Scientific Investigation & Instruction Institute 9430 Research Blvd. Echelon Two, Suite 120 Austin, Texas 78759 (512) 338-5379 2023ima 1„ 1i JOG-M. Wriett, Jr, - Instructor Director of Training Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 22 Provider's Licenses and Certifications TERRACON- Roy Jeffrey Smith Inspecling Buildings for ACBM Annual update 41512023 Expires: 4/512024 Cert. No.: 100.005 145 031 Roy Jeffrey Smith Managing ACBM in Buildings Annual Update 4/5/2023 Expires: 4/5/2024 Cert. No.: 100 005 145,032 Roy Jeffrev Smith Air Mon iloring Terhniciaa Annual Update 4/3/2023 Expirlas: 413/2024 Cert. No.. 100 005.145.034 R � Roy Jeffrey Smith f)esign of ACBM Abalement ! projects annual Update 4/4/2023 Expires: 4/412024 Cpa. No,: 100.005.145.033 i 1 r� City of Fort Worth I Brownfields Professional Development Services (24-0115) 23 Provider's Licenses and Certifications TERRACON - WADE WATKINS THIS CERTIFIES THAT R. Wade Watkins HAS SUCCESSFULLY MET ALL THE REQUIREMENTS OF EDUCATION, EXPERIENCE AND EXAMINATION, AND IS HEREBY DESIGNATED A CERTIFIED HAZARDOUS MATERIALS MANAGER® 6/17/2008 M., _ DATE OF CERTIFICATION OOUS A*. �P�PP frp,� r 6/30/2028 i CERTIFICATION EXPIRES IFtP1M — VERIFIABLE AS AUTHENTIC AT https:/Yonline.ihmm.ofgAhmmssa/conssacustikup. query page CHMM® 14690 CREDENTIAL NUMBER EUGEN G ORD EXECDIRECTOR Accredited by the American National Standards Institute and -- the Council of Engineering and Scientific Specialty Boards _JI/ a a Al 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 24 Provider's Licenses and Certifications TERRACON - WADE WATKINS 12/4/23, 8:00 AM TCEQ Search Licensing or Registration Information Questions or Comments » Search Page Search Results Search Options CR Query Licenses TCEQ Home TCEQ Search Licensing or Registration Information License Detail To report a change of address, phone number, or email address, please fill out the form located at https://www.tceq.texas. gov/licensing/forms/contactupdate. CN: CN603395948 Name: WATKINS, RICHARD WADE State: TX County: TARRANT License(s) There were 1 licenses found. Program 0License Type and Level 0 License Number 0 Last Issued Date 0' Exp. Date 0 License Status © CE Hours LPSTOL LPST PROJECT MANAGER PM0000375 10/25/2023 11/20/2026 CURRENT 0 Note: The number of CE hours needed in order to renew a license is based on the term (length) of each license. Please go to the program page for the license you hold to determine the number of CE hours needed and to view the latest information and renewal requirements for your license. Application(s) within the Last 2 Years There were 1 applications found. eeeJJJ Program@ Type and Level@ App. Type@ App. Status@ App. Review Date© App. Expiration Date@ Deficiency Letter Dateo Total Hourstll LPSTOL LPST PROJECT MANAGER RENEWAL LICISSUED 10/25/2023 12/20/2023 No Deficiency 147 Course(s) There were 57 courses found. Note: You may see the same course listed multiple times. This occurs because the course counted towards multiple license programs. Program 0 Course Title Course Code 0 Hours 0 Date 0 Provider BPATOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 11/30/2020 TEEXITSI BPATOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 10/06/2020 TEEXITSI BPATOL CONFINED SPACE AWARENESS 231 8.0 09/29/2020 HACLLC CSIOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 11/30/2020 TEEX ITSI CSIOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 10/06/2020 TEEX ITSI CSIOL CONFINED SPACE AWARENESS 231 8.0 09/29/2020 HACLLC LIOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 11/30/2020 TEEXITSI LIOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 10/06/2020 TEEXITSI LIOL CONFINED SPACE AWARENESS 231 8.0 09/29/2020 HACLLC LPSTOL FUNDAMENTAL CONTAMINANT CHEMISTRY IN SOIL AND GROU 1229 15.0 08/30/2023 NWETC LPSTOL ENVIRONMENTAL TRADE FAIR- LPST 630 6.0 05/17/2023 TCEQ LPSTOL ENVIRONMENTAL TRADE FAIR- LPST 630 8.0 05/11/2022 TCEQ LPSTOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 11/30/2020 TEEX ITSI LPSTOL (SP)EXCAVATION SAFETY AWARENESS ONLINE(TEEX) 566 1.0 11/30/2020 TEEXITSI LPSTOL (CRSPD) LUST (LEAKING UNDERGROUND STORAGE TANKS) 87 7.0 10/20/2020 TLC LPSTOL (SP)EXCAVATION SAFETY AWARENESS ONLINE(TEEX) 566 1.0 10/07/2020 TEEXITSI LPSTOL (SP)CONFINED SPACE AWARENESS ONLINE(TEEX) 578 2.0 10/06/2020 TEEXITSI LPSTOL (SP)6-HR EXCAVATION SAFETY(UR) 1269 6.0 10/06/2020 UR LPSTOL CONFINED SPACE AWARENESS 231 8.0 09/29/2020 HACLLC LPSTOL ENVIRONMENTAL TRADE FAIR- LPST 630 8.0 05/16/2018 TCEQ LPSTOL (CRSPD)LUST (LEAKING UNDERGROUND STORAGE TANKS) 87 7.0 10/13/2017 TLC LPSTOL ENVIRONMENTAL TRADE FAIR- LPST 630 6.0 05/04/2016 TCEQ LPSTOL TCEQ-ITRC LIGHT NONAQUEOUS-PHASE LIQUIDS (LPST) 1335 15.0 11/19/2015 TCEQ LPSTOL ENVIRONMENTAL TRADE FAIR- LPST 630 7.0 05/06/2015 TCEQ LPSTOL GROUNDWATER HYDROGEOLOGY 937 16.0 03/19/2014 TEEX ENV LPSTOL LEADERSHIP II- STRAT 4 COMP SUCCESS(EAGLE TIRING) 1105 16.0 02/12/2014 EAGLE TIRING LPSTOL AQUIFER CHARACTERIZATION AND TESTING 1048 16.0 04/13/2011 TEEX ENV MSWOL LEADERSHIP II - STRAT 4 COMP SUCCESS(EAGLE TIRING) 1105 16.0 02/12/2014 EAGLE TRNG https://www2.tceq.texas.gov/lic dpa/index. cfm?fuseaction=l ica I I. showdeta i I&rid=126258222008225 1 /2 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 25 Provider's Licenses and Certifications TERRACON - MARWAN SALAMEH PE*LS Texas Board of Professional Engineers and Land Surveyors Number: 81554 Status: ACTIVE Expires: 6/30/2024 MARWAN FUAD SALAMEH PH.D. Texas L' nsed Professional Engineer Signature ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 26 Section 6 Project References Section 6 - Project References REFERENCES To provide our clients with timely information, consistency, quick responses, and accountability, we value working closely as a team. As an employee -owned company, we believe our staff is empowered to take ownership of their project's success. Please see below for client references you may contact to truly gauge Terracon's expertise. Company Name City of Alexandria, Louisiana Name of Project EPA Brownfields Assessment Grant Name of Contact Shirley Branham Contact Title Community Development Administrator Phone: (318) 449-5070 Contact Information Contact Email: shirley.branham@cityofalex.com Address: 625 Murray Street, Suite 7, Alexandria, LA 71301 Description of For more details, please see Section 4. Services Company Name City of Arlington, Texas Name of Project EPA Brownfields Assessment Grant Name of Contact Sarah Stubblefield, AICP Contact Title Principal Planner Phone: (817) 459-6566 Contact Information Contact Email: sarah.stubblefield@arlingtontx.gov Address: W. Abram Street, Arlington, TX 76102 Description of For more details, please see Section 4. Services ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Project References REFERENCES ompany Name City of Lewisville, Texa Name of Project EPA Brownfields Assessment Grant Name of Contact Claire Powell Contact Title City Manager Phone: (972) 219-3409 Contact Information Contact Email: clairepowell@cityoflewisville.com Address: 151 W. Church Street, Lewisville, TX 75057 Description of For more details, please see Section 4. Services ompany Name Denton County Transportation Authority, Texas Name of Project EPA Brownfields Assessment Grant Name of Contact Tim Palermo Contact Title Planning and Data Analytics Manager Phone: (972) 316-6099 Contact Information Contact Email: tpalermo@dcta.net Address: 1955 Lakeway Drive, #260, Lewisville, Texas 75057 Description of For more details, please see Section 4. Services ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Section 7 Project Schedule and Payments (Omitted - Addendum 1) Section 8 Firm's Legal and Compliance History Section 8 - Provider's Legal and Compliance History TERRACON 7.0 OMITTED 8.0 FIRM'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 Firm's, Firm's officers, Firm's employees, and Finn'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 t11e 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. FIRM: Company Name Address City, State, Zip BY: (print or type name of signatory) (Signature) Title (print or type) Certification of NO Legal Action I certify under penalty of law that the legal and compliance history of Firm, Firm's officers, Firm's employees, and Firm'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 ppr�otection of the environment was brought against Firm, Finn's officers, Finn's employees, orFinn s roposed 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. P Terracon Consultants, Inc. Corn pa y Name V (signature) February 27, 2024 Date y BY. Kevyn Gunn (print or type name of signatory) Senior Associate Title (print or type) Fbrt- Worn,n Cdev'vi I le �dl Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Provider's Legal and Compliance History TERRACON'S LITIGATION STATEMENT Litigation Statement Terracon is a large engineering firm specializing primarily in geotechnical, environmental, and construction materials testing, and we perform tens of thousands of projects nationwide. Given the large volume of projects we perform annually, we are subject to periodic claims and litigation. The number of claims received annually is a very small percentage of the overall number of projects performed, well less than 0.5% of the total. As a large firm performing many projects, on very rare occasions we have terminated services on our projects prior to project completion. These situations usually arise from a failure to pay for those services, or from decisions to reduce our scope of service to the point where we are no longer comfortable, from a professional perspective, with the continuation of our services on a project. Again, we would stress that we perform several thousand projects annually and these situations arise very rarely and only after thorough efforts to reasonably resolve these issues. Terracon carries a robust program of insurance to protect us and our clients when applicable against claims arising out of our services. The majority of our reported claims are not ultimately pursued against Terracon. In the claims that are pursued, Terracon has been very successful in defending itself against claims and in many of these cases, has been able to be completely vindicated. None of our claims have in the past impacted or are estimated in the future to impact either the financial strength of our company or the ability to provide quality services to our clients. Due to the confidentiality and sensitivity of claim information, Terracon does not provide specific information on individual claims or litigation. If you have any specific questions or concerns about this disclosure, feel free to contact us to discuss further. Or City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Section 9 Exhibits Section 9 - Exhibits Terracon provides the services required to support Brownfields redevelopment projects. Scope of service deliverables are derived specific to those defined in EPA Brownfields Grants and the respective Work Plans. Although additional planning activities occur during project implementation, some are not created in deliverable format. We have included available presentations and applicable documents that correlate closely to the reports as requested. A representative list of some of our current Brownfields planning services and clients: • Douglas, AZ: Downtown Retail Commerce Product Development and Marketing Plan, including planning and visioning services for their downtown and also economic development by programming and activating the downtown area including the development of an annual operating budget and non-profit to service the town. • Salt River Pima Indian Community, AZ: Brownfields Site Reuse and Vision Plan • South Tuscon, AZ: Markey Study Analysis • City of Ocala, FL: Reeds Plan Environmental and Revitalization Planning Example of Previous Brownfields Strategic Plans As an example, we have included a Revitalization Plans created by our project team and partners through the City of Alexandria, LAAssessment Grant. • Alexandria — Revitalization Plan/Poster Example of Brownfields Marketing Strategies Terracon assists communities to market their brownfields projects through both our relationships with Developers and as part of general outreach components. Terracon maintains relationships locally and nationally through our National Accounts Program with Developers and industrial clients. We provide support for Community Outreach and Engagement by collaborating with our clients and integrating the local community, realtors, and investors on the majority of our brownfields projects. As an example, we have included some of our marketing collateral and presentations: • Brochures, presentations (Galion and Berkely County) • Example of Brownfields Strategies for Public/Private Partnerships Terracon is excited to share a video regarding a Public/Private Partnership project we teamed with the Developer and community on for the redevelopment of a community center and housing project. This project is also further described in Section 2.3. Brownfields Implementation Action Plan • Terracon has included a general approach to Brownfields Implementation. https.11www. youtube. com/watch?v=B6kKPadet-Y ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) it� CITY OF ALEXANDRIA IrerraconowN Brownfield Revitalization Master Plan I September 2021 ARNETT MULDROW & ASSOCIATES Table of Contents 1.0 INTRODUCTION 3 1.1 BACKGROUND 3 1.2 PLAN PROCESS 4 2.0 MARKET ANALYSIS 6 2.1 DEMOGRAPHIC OVERVIEW 6 2.2 RETAIL MARKET GAP 7 2.3 RETAIL MARKET POTENTIAL H 2.4 MARKET CONCLUSIONS 9 3.0 BRANDING AND MARKETING 11 3.1 CITYWIDE BRANDING 11 4.0 DESIGN AND PLANNING 13 4.1 OVERALL RECOMMENDATIONS 13 4.2 ALEXANDRIA MALL 14 4.3 CONNECTIVITY 15 4.4 BOLTON AVENUE MOBILITY HUB 16 4.5 LEGACY PARK 20 4.6 THE IRONYARD 24 5.0 IMPLEMENTATION 29 Report Prepared By: f -- Studio Main LLC 1 Hindman Street Pelzer SC 29669 A15T ,gria E. blake@studiomainllc.com 1.0 Introduction The Environmental Protection Agency (EPA) awarded the City of Alexandria, Louisiana a $300,000 Assessment Grant to be fully utilized prior to September 30, 2023. The focus of the grant is to provide Phase One Environmental Site Assessments, Phase Two Environmental Site Assessments, Regulatory Reporting, and Remediation and Reuse Planning. Revitalizing a brownfield starts with understanding Alexandria's site reuse goals and how they align with local economic, infrastructure, social and environmental conditions. Specific planning activities were utilized throughout the Planning Process to ensure compliance with EPA Guidelines and to provide a full spectrum of planning assessments that would provide insight for short- and long-term development goals. ■ Site Reuse Assessment ■ Land Use Assessment ■ Market Study ■ Infrastructure Evaluation ■ Community Health Assessment ■ Site Disposition Strategy The City of Alexandria recognized opportunities along Bolton Avenue, Lee Street, and Arial Drive for reinvestment that will create a more vibrant commercial district, gathering places for citizens of the community, and a more pedestrian and bike friendly community. The plan includes market -based data that informs the City of the potential to support additional development, before and after drawings of key sites and buildings, plan vignettes, and branding concepts designed to market specific districts of the City. 1.1 Background The United States Environmental Protection Agency's (U.S. EPA) Brownfields Program was started in 1995 and has grown into a proven, results -oriented program that has changed the way contaminated properties are perceived and redeveloped (U.S. EPA, October 2006). The U.S. EPA defines a brownfield as a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant (U.S. EPA, October 2006). There are many challenges unique to brownfields redevelopment, including environmental liability concerns, financial barriers, cleanup considerations, and reuse planning. Through federal grant funding, the U.S. EPA's Brownfields Program removes some of these barriers and serves as an empowerment tool for land and community revitalization. The U.S. EPA's Brownfields Program is part of the U.S. EPA's larger Land Revitalization Program, which promotes the integration of sustainable reuse considerations into all cleanup and redevelopment decisions (U.S. EPA, June 2016). The U.S. EPA's Land Revitalization Program fosters strong partnerships with communities to address environmental issues, promote sustainable redevelopment, and encourage public involvement in area -wide planning to enhance economic development, create green jobs, and maximize the efficiency of site cleanup efforts (U.S. EPA, June 2016). In addition to the U.S. EPA, other federal agencies are empowering community revitalization effort aligned with the same objectives as the U.S. EPA's Land Revitalization Program. The United States Department of Housing and Urban Development (HUD) has historically provided funding through their Community 3 Development Block Grant program for the redevelopment of brownfields; the U.S. Department of Transportation (DOT) has supported the extension of light rail systems and transit -oriented development; the U.S. National Parks Services offers great technical support for the development of city parks, often compromised by environmental contamination; and the U.S. Economic Development Agency (EDA) launches projects to transform neighborhoods and create growth opportunities. The U.S. EPA's 2015 publication titled Brownfields Federal Program Guide is an excellent reference for understanding how different federal agency programs apply specifically to brownfields redevelopment (The publication is available online). The U.S. EPA's Brownfields Program, in partnership with other federal economic stimulus programs, has proven to be a powerful catalyst for revitalizing underserved neighborhoods, economically depressed areas, and communities disproportionally effected by blight and legacy environmental contamination 1.2 Plan Process The process for the Master Plan included a three-day planning session that consisted of roundtable meetings with property owners, citizens, and elected and appointed officials at the local level. The team included Studio Main of Pelzer, South Carolina, Arnett Muldrow & Associates of Greenville, South Carolina, and Terracon of Baton Rouge, Louisiana. The City of Alexandria formed a steering committee that included the elected officials, business owners, and select citizens/property owners. Project goals developed checkpoints along the way to ensure that the mission and vision of the Revitalization Master Plan aligned when appropriate: o Develop a strategic vision for the Brownfields identified o Identify priority areas for improvements o Strengthen the Downtown connections o Explore all opportunities o Prioritize connectivity and community o Ensure results This planning process was divided into the following sections i 1. Information Gathering and Background Analysis— data collection and base mapping; site reconnaissance 2. Community Master Plan Workshop— leakage analysis and plan development; illustratives and branding 3. Implementation Guidance —strategy board; summary presentation; implementation matrix 4 IMPLEMENTATION MATRIX Stakeholder and Pubic Input was conducted over three (3) days with focus groups aligned with potential partners including education, building/business/property owners, elected officials, non-profit agencies, among others. Five guiding principals were discussed during each session: 1. Increase public safety 2. Prioritize investments at Brownfield identified sites to compliment Downtown 3. Promote events and festivals as the heart of Downtown 4. Focus on Restaurant, Retail, Residential in the Downtown area (in that order) 5. Trails can transform communities 2.0 Market Analysis 2.1 Demographic Overview The demographic overview for the City of Alexandria recognizes that market forces do not pay attention to political boundaries; however, this study looks at the City as a whole in reference to its location in Rapides Parish. RAPID ES PARISH Source: Claritas 2021 Estimates A summary overview is noted below: ■ Population is stable projected to slightly decline in the coming years. ■ Med Household income levels at the City lag the Parish, State, and US. This is not an unusual situation for a more urbanized area centered in a large rural catchment area. ■ Med age is slightly younger than nation, Parish, and State. ■ 39% White/Caucasian 56% Black/African American ■ Med HH income disparity; As is the case in Louisiana and the United States, there is income disparity between White/Caucasian households (with $65K median HH income) and Black/African American households ($28K median HH income). Alexandria's income disparity is greater than that of Louisiana and the United States. Population The population of Alexandria is 42,122; however, Alexandria's daytime population increases to 63,501. Alexandria is a retail powerhouse in the area with major employment and commercial centers located along Highway 71. In addition, Rapides Regional Medical Center is a major employer in the Historic Downtown. To reinforce what a powerful influx of workforce population take place in Alexandria each day, commuters representing roughly the entire population of Slidell come into the City of Alexandria each day. 1'plewyAt -C 004 4 f 8.,724 9,438 Source: US Census 2.2 Retail Market Gap A retail leakage study was performed citywide with a focus on identifying opportunities for revitalization of the selected brownfield sites. The study examines consumer demand, retail supply, and the difference between each. Retail leakage occurs when local demand exceeds local sales in the same geography. Conversely, retail gain occurs when local sales exceed local demand. 7 It is important to note that the market analysis is not an exact science. Some businesses may capture from a larger trade area. Some businesses may cater to more of a visiting customer. On the other hand, some businesses may be even more highly localized. Furthermore, the model allows for some degree of sales and expenditure "allocation" which may misplace store sales in a geography they don't actually exist. This data is a broad look at the market and should not supplement for more detailed market research. It does, however, provide an overall view of what the market potential can be. 2.3 Retail Market Potential Alexandria's retail sales account for a $1.2 Billion annual market. These sales far outweigh the buying power of the City itself and Rapides Parish. Overall, the City of Alexandria imports $519 million (Source: Claritas) in retail sales per year making it a regional retail powerhouse. To reinforce this point, the per capita sales per Alexandria resident within the City is nearly triple the retail sales per capita in Louisiana and the United States. 40,000 35 000 33,776 30'" 25," 20,000 15,OW 13,443 13,342 10,000 5,000 4 Retail Sales Per Capita Source: US Census US Louisiana Alexandria The retail leakage analysis is used to determine the supportable square footage of retail space based on the assumptions on the market. The retail market potential for Alexandria is a conservative estimate based on several factors. • First, the estimate is based on low capture rates. The capture rate is the expected number of "leaking" dollars that can be recaptured back into the market. Generally, a 10% capture rate is used for specialty items and a 20% capture rate is used for more general merchandise items. 8 • Second, the sales per square footage numbers are relatively low. Independent merchants are not as dependent on high sales per square foot as most chain stores. • Third, this estimate is a "snapshot in time" and does not account for growth in the market that is sure to happen based on the projections above. • Finally, the estimate does not account for visitors from outside of the trade area. For a more accurate look at the retail potential in Alexandria, the retail leakage in Rapides Parish was examined instead of the City Alone. Using the allocation model illustrated above, the table depicts the total leakage per category and the estimated number of units supportable if the area only recaptures 10% of leaking dollars. The numbers are striking. Food and Beverage Stores Specialty Stores Clothing Full -Service Dining Sporting Goods Source: Claritas 2021 Estimates 2.4 Market Conclusions $42 million 1-2 small format grocery stores $11million 5-7 small specialty stores $28 million 4-5 stores (20% capture rate) $28 million 5 full -service restaurants $17 million 1 store Downtown Alexandria has a significant opportunity to better capture its share of metropolitan growth and increasing income levels as it addresses housing and quality of life issues that would position it closer to its high performance as a center of jobs. The consequence of this growth is retail demand that outweighs retail supply. This bodes well for Alexandria to fill gaps not found in the immediate area and perhaps attract retail visitors to Downtown. Downtown Alexandria captures nearly 24% of all jobs within the City; however, only 3% of retail sales and only 2% of households occur within this same area — reiterating the analysis that Downtown has potential to capture market leakage. 9 Retail Sales Households Jobs 3% 2% 97% 98% ■ Study Area 0 Rest of Alexandria Why Invest in Downtown Source: Claritas 2021 Estimates Furthermore, Alexandria offers natural and historic resources as well as abundant vacant and underutilized land in the core of downtown that can augment the demand for additional development along the downtown business district and the Red River. In addition, the market analysis does not take into account additional student population. The following chapters outline both marketing and physical recommendations designed to aid in that development. 10 3.0 Branding and Marketing One of the important steps in establishing a brand is to understand the values for which it stands. Through the thoughtful input of the stakeholders in Alexandria, the concepts emerged as core values to develop individual brands that could compliment development efforts. These brands are conceptual in nature and are designed to better explain the assets and improvements outlined in this report. Maneuver G R E E N W A Y s� LegacyPark LEXANDRIA 3.1 Citywide Branding IRONYARD \<21/ Ted River PROMENADE The City of Alexandria should consider additional efforts to develop and implement a Citywide branding campaign. An example logo and tagline construction for nearby Opelousas, Louisiana is shown on the following page and illustrates the various uses and types available. Gateway and wayfinding signs act as a critical way to curate the visitor experience and to enable people to locate amenities such as downtown, parks, civic buildings, and attractions. The sign system designed as part of the branding package should identify primary and secondary trailblazers for vehicles, signs directing visitors to multiple destinations, and both pedestal and monument gateways. Banners can be deployed and add seasonal color, create traffic calming through Downtown, and be flexible ways to promote events and activities throughout the year. a Adding Flavor Downtown mop_-_- _ NoLCOME To N�STORIC AP f4qqstqs ],deco Capie oflhcWorld P VARMNG D OPELOUSAS C9 � wj Di of All�'1 1'EEEE('TLYSE4SONEU. „Vp Opelousas . Uv va GtyR k _ O "COME T ' Qph-Tr Refok � M— t IeYeircYdlage - �� Opdou�as Mnsemn �� 4.0 Design and Planning The design and planning portion of this study is provided to create a series of ideas that can be deployed over time. Some ideas will require little capital to coordinate, while others may require grant funding and a phased strategy. The designs shown here also illustrate opportunities for the private sector to cooperate with the City to create physical improvements and enhance the economic viability by capturing additional sales. ww� &N i e ���� ■ ■ �� BROWNF p RZ TALIZAMN PLAN OVERALL gp I q .0 ea sver Context - Focus Areas 4.1 Overall Recommendations ■ Alexandria should inventory and categorize all city owned property with a focus on downtown. o Active use o Holding use o Vacant/parking o Alexandria should be out of the property ownership business in downtown except for active uses and needed parking. o City owned property = $0 revenue except for needed parking. 13 ■ Alexandria should explore an Ad Valorem and or Sales tax increment financing district for downtown for public improvements to enhance private investment. ■ Explore traffic flow opportunities to encourage better circulation (one way vs. two way) ■ Complete pedestrian linkages and create a greenway identity ■ Reuse and develop underutilized properties ■ Introduce and connect community gathering places ■ Connect complimentary amenities ■ Leverage events and festivals as an economic development tool ■ Create identity system to build community pride Louisiana Main Street is an economic development program with its foundation in historic preservation helping Louisiana communities revitalize their Downtown's and Main Street Districts. Alexandria should continue to pursue Main Street Designation as the City is already a member of the Louisiana Main Street Program through its Lagniappe Program. National Main Street brings 40 years of experience with Downtown Revitalization based on 4 main points — Promotion, Design, Economic Development, Organization with Louisiana Main Street Staff considered one of the best in the US. 4.2 Alexandria Mall MAIN STREET AMERI K LOUISIANA MAIN STREET While much discussion has taken place regarding Alexandria Mall redevelopment, precedents exist within the Southeast that would allow private development to continue to rebuild this area as an economic hub for retail and restaurant development. As is currently taking place at the Alexandria Mall, outparcel development reinvigorates the site as a retail market. The mall has a strategic position in the City that cannot be replaced and retailers and restaurants not present in the market are likely to infill. Additional precedents in the Southeast indicate malls as potential for medical centers, especially given the proximity of the Alexandria Mall to CHRISTUS St. Frances Cabrini Hospital. 14 4.3 Connectivity The City of Alexandria has an existing trail system that connects the Downtown to the Red River, Bayou Rapides, park amenities, healthcare, residential Ten Principles for Rethinking the Mall neighborhoods, and potential redevelopable Urban Land Institute (ULI) brownfield sites. These four -miles of existing pathways connect the majority of the EPA defined study area and offer incredible views of the natural and cultural resources throughout Downtown. The continuity of the pathway system should be explored to provide a seamless visual connection, accommodate all ages and ability, and direct trail users to intermediate destinations. The Louisiana Maneuvers were a series of major U.S. Army exercises held in 1941 in northern and west -Maneuver central Louisiana, an area bounded by the Sabine River to the west, the Calcasieu River to the east, and by the GREtNWAY city of Shreveport to the north. The exercises, which involved some 400,000 troops, were designed to evaluate U.S. training, logistics, doctrine, and commanders. The Maneuver Greenway, paying homage to the heritage and history of the Louisiana Maneuvers, connects all aspects of Historic Downtown Alexandria and gives a brand to an existing network to build equity in connectivity. i ed _ L - PAOMCti Cli VCi 15 Phase I (Initial) Recommendations • Create and install new wayfinding signage for the Maneuver Greenway system • Install crosswalk improvements at each major intersection specific to the greenway (green thermoplastic crosswalks) • Plant supplemental accent trees and landscape (shrubs, perennials, groundcovers) at major greenway intersections • Activate the Maneuver Greenway with events, festivals, art, benches, trash receptacles, and signage. Phase II (Longer Term) Recommendations • Provide connections along Lee Street (Legacy Park), development of the Maneuver Greenway along the Red River Promenade, and provide connections over 3rd Street nearest the IronYard. 4.4 Bolton Avenue Mobility Hub The Brownfield Assessment identified two potential brownfield sites along Bolton Avenue. With the known market leakage in grocery and identifying this corridor as a food desert (an urban area in which it is difficult to buy affordable or good -quality fresh food), the Design Team, in conjunction with stakeholders, developed a mobility hub with potential redevelopment opportunities to spur reinvestment in this area. The Bolton Avenue Mobility Hub has a relocated ATRANS station that is centrally located within the City, does not require rerouting of existing transit routes, provides opportunities for first-mile/last-mile connections via bicycle routes or car -sharing programs, and is within a 5-minute bicycle ride along the Maneuver Greenway to Downtown and the Red River Promenade. The Bolton Avenue Mobility Hub is located where 26% of residents within a 20- minute walk (1 mile) do not have access to a vehicle. In addition, the relocation of the ATRANS station provides the City of Alexandria with a unique opportunity to develop the historic ATRANS Depot as an iconic downtown feature (e.g. restaurant, retail, etc.) along the Red River Promenade. The master plan for the Bolton Avenue Mobility Hub includes an extension of Madison Street that provides uninterrupted vehicular and pedestrian access into the site and provides economic vitalityto the existing brownfield site that could be remediated and redeveloped; the master plan is shown with new 18,500 SF of commercial frontage along the existing brownfield sites. Additional mobility hub improvements include bicycle share, electric vehicle charging stations, and an Uber/Lyft hub. Bolton Ave MOBILITY HUB 16 f 40 � • �i rw op ■0. I NL _Fi#■1 IB■■ _ ��■�„ own mr*' iW��- -, . - - ti Bolton Avenue Mobility Hub Master Plan Phase I (Initial) Recommendations • Contact regional/national small grocery chains to gauge interest in Bolton Avenue sites o Aldi is a rapidly growing German grocery chain that is currently expanding its footprint into Louisiana. The Bolton Ave location could be an ideal setting for this smaller retail grocery store type. Importantly, though, Alexandria as a whole should be pursuing this grocer for 1-2 locations within the city. • Conduct analysis of ATRANS routes, lead times, and ridership with 20 minutes of Bolton Avenue • Initiate funding (local, state, federal) strategy to extend Madison Street and construct infrastructure improvements required. Phase 11 (Longer Term) Recommendations 19 Relocate ATRANS station and release Request for Qualifications for development teams to redevelop the historic ATRANS depot along the Red River Promenade. 4.5 Legacy Park Legacy Park, located on the site identified as brownfields along Lee Street, will provide much needed open space, connectivity to adjacent communities, opportunities for attainable single-family housing, act as a gateway into Downtown, and provide space for outdoor gatherings, events, and festivals. Park I FXANfIRIA • I A The existing site has a monument noting the historical events that occurred on the site. As the marker notes, Lee Street in Alexandria was a thriving African -American community in the 1940s. The area included churches, eating establishments, grocery stores, entertainment venues, a sporting arena, an Army -YMCA -USA building and the Ritz Theater. Quoting from the marker, "A tragic incident occurred in front of the Ritz Theater on Saturday night, January 10, 1942, shortly after the bombing of Pearl Harbor and American entry into World War II, that included unarmed African -American soldiers and the predominantly white, armed Military Police. The War Department's official report indicates that three African -American soldiers were critically wounded and 29 others required medical treatment as a result of the 'Riot.' Civilian witnesses, however, indicated that more than 20 soldiers were killed, others wounded, and numerous civilians were killed or wounded." Legacy Park is designed to allow reflection of these events and provide a built memorial for those that perished. The reflection pond is placed central to the site, flanked by twenty canopy trees that represent the soldiers that died, with the two termini trees noted the pillar of the African -American community — it's churches. 9tn Street is closed as part of the master plan to allow for a linear park adjacent to Lee Street. Each side of Legacy Park has opportunities to be redeveloped into single-family attainable residential units with access to on -street parking and an alley system for driveways and utilities. The master plan identifies twenty-two units, however available property existing for more than 50 units in total. The terminus of Lee Street is the exact location of the Red River Promenade Stage and represents a 'visitor' pivot point in downtown. The intersection of Lee Street and 8t" Street provides an opportunity for micro -retail, urban playground, and outdoor market/pavilion, reinvigorating Lee Street to its historical prominence. Additional public improvements include streetscape improvements to mirror aesthetics of Bolton Avenue, on -street parking, pedestrian safety lighting, and signage. The master plan is phaseable utilizing local and state funds, as well as private and corporate donors. c Photosimulation of Lee Street Streetscape Improvements Imagery Support ofAfrican-American Monuments in Parks and Pedestrian Plazas. 21 Legacy Park Master Plan Imagery Support of Micro -Retail, Market Pavilion, and Event/Festival Plaza 22 Phase I (Initial) Recommendations • HOME funding for home ownership opportunities at 80% AMI. • Initiate funding strategies for public improvements along Lee Street (lighting, Maneuver Greenway, crosswalks, etc.) and Legacy Park (fountain, landscape, etc.) • Conduct assessment of traffic impacts related to closing of 9th Street to develop Legacy Park 23 4.6 The IronYard A large brownfield site located nearest Arial Drive provides an opportunity for additional residential units within walking distance of Downtown, the Maneuver Greenway, and the Red River Promenade. With over 24% of the City population aged 55 and older, this site is primed for residential housing specific to seniors. Funding is available through Federal and State Agencies for attainable, senior aged housing; this site provides easy access to medical services, community events, and social services. L the L.J' IRONYARD \1010' L/ As noted in the Master Plan, 5t" Street is extended to provide easy vehicular access to the main Active Senior Living Complex. Additional dead-end streets are removed and realigned to provide circulation around all developable opportunities. Pecan Street is removed from the conceptual master plan to allow for service access to the Active Senior Living Complex and to reduce infrastructure burden to the development of a roadway that would not service any new amenities or housing. The Maneuver Greenway is extended into the site along the abandoned railroad over 3d Street. Phase I (Initial) Recommendations • Initiate funding strategies for public/private partnerships to extend 5t" Street • Explore EPA Clean -Up Grants Phase II (Longer Term) Recommendations • Extend the Maneuver Greenway to the IronYard 24 : - W F M Imagery Support of Senior Living Facilities and Recreational Areas adjacent/under Highways 25 -a wool AV s i r% s `a nlrr I �+.•.�. A7r�r..,Ep0LrrdlNxryLE � f. MUEING _ ._ _• � ,i i � iFr ■ * { _ ■, aE"RCIIr.a °F.T&;;MEP ATTAIR413LE ' ATTAINABLE +� A1.BE�1'OR 1I HOUSINGHOUz9INC, oEr�� yea WEN %mr; ATTAINABLE � � .f N HOU9�N� iMd 0=0 • lk i rilY ` Iferraeon .._� __IF 6FtpwfdFIE16REVITALIATIbh�PL�4N ARIA�URIV� �. Above: Conceptual Bubble Diagram of the IronYard; Below: EPA Brownfield data used during planning WiOWVN-F5EL 1� WEV"AL I�N PLAN A:niAJ- OFIiVE 17, 4.0 $4 it' 6 28 5.0 Implementation Alexandria is already taking steps to implement these plans, pursuing grant funding for implementation of Legacy Park, neighborhood improvements, and other recommendations. The coordination that led to this plan represents and unprecedented level of cooperation between the City of Alexandria, the EPA, and the Steering Committee. The plan respects the uniqueness of each while offering suggestions for improvements that will benefit citizens of the City of Alexandria. The Implementation Matrix is composed of a series of action items, or strategies, which are tied to the recommendations contained in the Strategic Master Plan. This matrix was created to be used during the upcoming implementation phase, following the adoption of the Strategic Master Plan. The recommended timing for each proposed strategy is categorized as short-term, mid-term, and long-term as determined by those individuals responsible for implementing the Strategic Master Plan. Short-term implementation strategies are meant to be completed within the first year of the new Strategic Master Plan. Mid- term implementation strategies are meant to be completed within two to five years. Long-term implementation strategies are to be completed in five -plus years. Those responsible for creating a strategic implementation plan are encouraged to do a thorough evaluation of the priorities indicated based on budget constraints and other relevant circumstances. 29 Economic Development Create an inventory of available Short -Term space downtown with square feet, rent prices per square foot, improvements needed, etc. Focus on properties owned or controlled by the City. Establish a baseline tax value for Short -Term downtown to track return on investment and potential incentive packages Partner with civic organizations Short -Term and local colleges to promote Downtown Contact regional/national small Short -Term grocery chains to gauge interest in Bolton Avenue sites Release Request for Long -Term Qualifications for development teams to redevelop the historic ATRANS depot along the Red River Promenade. Administration Administration Civic Organizations Administration Administration Administration N/A N/A N/A N/A N/A 30 and Planni Design and Implement a Short -Term wayfinding signage plan Develop and install Downtown Mid -Term gateway signage Develop and Implement Short -Term greenway, streetscape, and pedestrian design standards Explore traffic flow opportunities Short -Term to encourage better circulation (one way vs. two way) Coordinate with ATRANS on bus Short -Term routes and relocation of Terminal Explore HOME funding for home Short -Term ownership opportunities at 80% AMI. Initiate funding strategies for Short -Term public improvements along Lee Street (lighting, Maneuver Greenway, crosswalks, etc.) and Legacy Park (fountain, landscape, etc.) Conduct assessment of traffic Short -Term impacts related to closing of 9th Street to develop Legacy Park Install crosswalk improvements at Mid -Term each major intersection specific to the greenway (green thermoplastic crosswalks) Plant supplemental accent trees Mid -Term and landscape (shrubs, perennials, groundcovers) at major greenway intersections Administration Administration Administration Administration Administration ATRANS Administration Administration Administration Administration Administration $100,000 $100,00 $300,000 $100,000 N/A N/A N/A N/A $25,000 $250,000 31 Activate the Maneuver Greenway Mid -Term Administration with events, festivals, art, benches, trash receptacles, and signage. Provide additional connections Long -Term Administration along Lee Street (Legacy Park), development of the Maneuver Greenway along the Red River Promenade, and provide connections over 3rd Street nearest the IronYard. Initiate funding (local, state, Mid -Term Administration federal) strategy to extend Madison Street and construct infrastructure improvements required. N/A $500,000 N/A 32 Branding and Marketi Prepare a City brand/marketing Short -Term Administration package to position itself within Main Street the region and to reinforce the City's identity. Develop and distribute Maneuver Short -Term Administration Greenway maps to encourage walking/biking as an everyday activity as part of working, living, or visiting Downtown Create and install new wayfinding Short -Term Administration signage for the Maneuver Greenway system $150,000 $25,000 $300,000 33 Organization and Implementation Recommendations .. City Council should adopt the Short -Term Administration N/A Revitalization Master Plan by Resolution Explore an Ad Valorem and or Short -Term Administration N/A Sales tax increment financing district for downtown for public improvements to enhance private investment. Establish the Revitalization Short -Term Administration N/A Master Plan Advisory Committee via resolution from City Council. This group can help facilitate implementation, support elected official's efforts, and lead promotion and marketing of the City. Consider establishing internal committees for special projects Continue exploration of Main Short -Term Administration N/A Street Louisiana Staff Update the Revitalization Master Mid -Term Administration $50,000 Plan on a regular basis and no less than every ten (10) years. 34 Section 10 Fee Schedule (Omitted -Addendum 1) Section 11 Financial Statements Section 11 - Financial Statements TERRACON Pages with information believed to be Please indicated if only specific sections on Proprietary the page are believed to be Proprietary Page Number: Full Page Page Number: Full Page Page Number: Full Page September 9, 2023 ASSETS Current Assets: Cash and cash equivalents $ 87,827,411 Accounts Receivable & Work -in -Progress 281,718,026 (net of allowance) Other Current Assets 1,089,619 Total Current Assets 370,635,056 Equipment & Leasehold Improvements (net) ► 52,406,599 Right -of -Use Assets - Operating Leases 115,741,124 Goodwill / Intangible Assets 53 992 636 9 , ■ Other Assets 1,588,300 TOTAL ASSETS $ 594,363,715 LIABILITIES Current Liabilities: Accounts Payable/Accrued Expenses $ 171,731,190 Current portion of operating lease liabilities 36,818,428 Current Portion of Long -Term Debt 2,050,000 Total Current Liabilities . 210,599,618 Long Term Debt I i 2,097,005 ' Operating Lease Liabilities 83,955,444 Deferred Income Taxes 42,578,700 1 Other Non -Current Liabilities 5,921,231 TOTAL LIABILITIES 345,151,998 1 STOCKHOLDER'S EQUITY 249,211,717 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 594,363,715 CONFIDENTIAL ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Financial Statements TERRACON TERRACON CONSULTANTS, INC. STATEMENT OF INCOME For the Year -to -Date Ended September 09, 2023 REVENUES $ 779,475,43 OPERATING EXPENSES 748,806,760 INCOME FROM OPERATIONS 30,668,413 i 7 FINANCIAL INCOME (EXPENSE) Interest income 2,280,648 Interest expense (3,744,630) 1 INCOME BEFORE INCOME TAXES 29,204,431 PROVISION FOR INCOME TAXES 8,536,400 NET INCOME $ 20,668,031 TERRACON CONSULTANTS, INC. r r STATEMENT OF EQUITY For the Year -to -Date Ended September 09, 2023 Balance 12/31/22 $ 221,513,299 Capital Contribution 7,030,387 Net Income 20,668,031 Balance 09/09/23 $ 249,211,717 CONFIDENTIAL ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Financial Statements TERRACON TERRACON CONSULTANTS, INC. STATEMENT OF CASH FLOWS For the Year -to -Date Ended September 09, 2023 CASH FLOWS FROM OPERATING ACTIVITIES Net Income $ 20,668,031 Items not requiring cash 11,041,282 Changes in assets and liabilities 64,730,746 Net cash flow from operating activities 96,440,059 \\ CASH FLOWS USED IN INVESTING ACTIVITIES (17,867,269) CASH FLOWS USED IN FINANCING ACTIVITIES ,295,788 I�NET CHANGE IN CASH & CASH EQUIVA 82,868,578 41 \ 1 CASH & CASH EQUIVALENTS, BEGINNING OF YEAR 4,958,833 CASH & CASH EQUIVALENTS, END OF YEAR $ 87,827,411 CONFIDENTIAL >_ (913) 599-U5, Terracon.co Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 3 Section 12 Insurance Certificate Section 12 - Insurance Certificate TERRACON'S INSURANCE SPECIMEN ,acoR�® CERTIFICATE OF LIABILITY INSURANCE 4/1/2024 I DATE(MM/DD/YYYY) 3/22/2023 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 Lockton Companies CONTACT 444 W. 47th Street, Suite 900 PHONE FAX IAIC. No). Kansas City MO 64112-1906a (816)960-9000 ADDRESS- kcasu@lockton.com INSURERS AFFORDING COVERAGE _NAIC# _ INSURER A: Travelers Property Casualty Company ofAmerica 25674 INSURED TERRACON CONSULTANTS, INC. INSURER B: Allied World Assurance Company 1312891 (U.S.) Inc. 19489 10841 S. RIDGEVIEW ROAD I INSURER c: The Travelers Indemnity Comuanv 25658 OLATHE KS 66061 I INSURER D: The Travelers Indemnity Company ofAmerica 25666 I INSURER E : L1OVdS Of London I INSURER F: COVERAGES TERCO01 CERTIFICATE NUMBER: 13881552 REVISION NUMBER: XXXXxX{ 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 'OLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY 'AID CLAIMS. _TR TYPE OF INSURANCE A MERCIAL GENERAL LIABILITY tX CLAIMS -MADE X OCCUR ONTRACTUAL LIAB XI XCU COVERAGE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOC OTHER: A AUTOMOBILE LIABILITY X ANY AUTO wsD wvD POLICY NUMBER N N TC2J-GSLA-9P529930 N N TC2J-CAP-131J3858 4/1/2023 4/1/2023 OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB OCCUR N N CUP-4W208814 4/1/2023 A' EXCESS LIAB H CLAIMS -MADE (EXCLUDES PROF. LIAB.) DED I X I RETENTION $ $0 WORKERS COMPENSATION D N UB-1 T886(A 4/1/2023 AND EMPLOYERS'LIABILITY YIN C UB-1T885691 81 (AZ,MA, WI) 4/1/2023 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below B CONTRACTORS N N 0312-6506 4/1/2023 POLLUTION LIAB E PROFESSIONAL LDUSA2305180 4/1/2023 LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if moi PROOF OF COVERAGE. THE UMBRELLA LIABILITY IS FOLLOW FORM OVER THE GENERAL LIA PER THE POLICY TERMS, CONDITIONS, AND EXCLUSIONS. ,CERTIFICATE HOLDER CANCELLATION LIMIT . 4/1/2024 I EACH OCCURRENCE DAMAGE TO RENTED PREMISES fEa occunencel MED EXP (Any one person) PERSONAL& ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG I4/1/2024 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1.000,000 $ 25.000 $ 1.000.000 $ 4.000.000 $ 4.000.000 $ $ 2.000.000 $ XXXXXXX BODILY INJURY (Per accident) I $ XXXX7(.XX PROPERTY DAMAGE Per accident I $ ��� $ XXXX3-xx 4/l/2024 EACH OCCURRENCE $ 5.000.000 AGGREGATE $ 5.000.000 $ XXXXxx 4/1/2024 X ISER TATUTE EERH 4/1/2024 E.L. EACH ACCIDENT $ 1.000.000 E.L. DISEASE - EA EMPLOYEE $ 1.000.000 E.L. DISEASE - POLICY LIMIT $ 1.000-000 4/1/2025 $10,000,000 EACH OCCURANCE/AGGREGATE 4/1/2024 $1,000,000 EACH CLAD&$1,000,000 AGGREGATE e space is required) 3ILITY, AUTO LIABILITY, AND EMPLOYER'S LIABILITY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 13881552 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SPECIMEN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA @ 1988' 015 ACORD CO PR ORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Section 13 Prevailing Wage Rate Section 13 - Prevailing Wage Rate TERRACON coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Firm of the contract. 13.0 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: httn://www.texoassociation.orL/Chavter/waverates.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. (see following page fer- signatwes needed) 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. FIRM: Terracon Consultants, Inc. Company Name 1801 Handley Ederville Road Address Fort Worth, Texas 76118 _City, State, Zip By. Kevyn Gunn (print or type name of signatory) __ D /I Signai Senior Associate Title (print or type) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Section 14 Worker's Compensation Compliance Section 14 - Worker's Compensation Compliance TERRACON 14.0 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 Projects. 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: Terracon Consultants, Inc. Company (Please Print) 1801 Handley Ederville Road Address City/State/Zip: Fort Worth, Texas 76118 THE STATE OF TEXAS COUNTY OF TARRANT By: Kevyn Gunn Signature:: Title: Kevyn Gunn (Please Print) § KNOW ALL BY THESE PRESENT: BEFORE ME, the undersigned authority, on this day personally appeared Kevyn Gunn subscribed to known to me to be the person whose name is the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Terracon Consultants, Inc. expressed and in the capacity therein stated. for the purposes and consideration therein GI`vEN UNDER MY HAND AND SEAL OF OFFICE this 27 day of February 2024 r;Y JENNIFER RENEE CRUMBY Notary ID #129237324 Noty Pu81ic i and for t 1 St e of Terms , *P I MY Commission Expires e ov December 18, 2024 \i Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) Section 15 Subcontractor Information and Qualifications Section 15 - Subcontractor Information and Qualifications Terracon is fully committed to meeting and/or exceeding the 8% M/WBE goal for the City of Fort Worth on the Brownfields contract. Terracon's M/WBE participation included first reviewing the RFQ to identify scope and then selecting M/WBE firms who are an extension of our professional staff where Terracon normally subcontracts certain services. 1339 Motor Cir, Dallas, TX 75207 Cates Laboratories, (214) 920-5006 Asbestos and Mold Inc. Laboratory info@cateslab.com 1903 Everglade Court, Dallas, Texas Cheryl's Drafting & 76051 Drafting Design (817) 366-9399 cddesign001 @gmail.com 2300 Double Creek Drive, Round Rock, DHL Analytical, Inc. TX 78664 Environmental Laboratory/ (512) 388-8222 Analytical Testing Services apar@dhlanalytical.com 413 Metro Park Drive, McKinney, TX Environmental 75071 Environmental Drilling/ Logistics Company (469) 742-9981 Waste Disposal Services/ Environmental Remediation ccascio@envirologistics.com 2051 Valley View Lane, Moody Labs, LLC. Farmers Branch, TX 75234 Asbestos and Mold Laboratory (972) 241-8460 info@moodylabs.com 6104 Cedar Sage Trail, Lantana, Texas Precision 76226 Environmental (940) 597-2673 Environmental Consulting Services, LLC. brian@precisionenviro.net Sunbelt Industrial 2415 Cullen Street, Fort Worth, TX 76107 Environmental Drilling/ (G.L. Morris (817) 877-0866 Waste Disposal Services/ Enterprises Inc.) Imcclure@sun-belt.com Environmental Remediation 01 City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Subcontractor Information and Qualifications INFORMATION - CATES LABORATORIES, INC. Terracon is a full -service environmental and engineering firm providing quality services since 1965. In order to enhance our team and comply with the necessary M/WBE goals, Terracon will utilize the services of the following subcontractors as required throughout the life of the City of Fort Worth contract. Cates Laboratories, Inc. 1339 Motor Cir, Dallas, TX 75207 info@ (214) 920-5006 cateslab. com Cates Laboratories, Inc. has been in operation since 2002 and continues to provide the highest quality laboratory testing services. Cates Laboratories, Inc. is certified NCTRCA certified as a Woman -Owned Business (WBE), a Small Business Enterprise (SBE), and Historically Underutilized Business (HUB) in the State of Texas. Cates Laboratories, Inc. specializes in asbestos testing (bulk sample and air sample analysis), fungal structures (mycology), IEQ testing, mortars as well as architectural coatings and forensic petrographic services. Cates Laboratories, Inc. is a NVLAP accredited lab operating in Dallas, Texas providing a variety of commercial laboratory services to its clients. Certification Agency Number Expiration Asbestos Fiber Analysis NVLAP 200569-0 3/31/2024 Asbestos - PCM TDSHS 300287 4/7/2025 Mold Analysis Laboratory TDLR LAB1034 2/8/2025 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 Subcontractor Information and Qualifications INFORMATION - CATES LABORATORIES, INC. Rick Figueroa Chair Thomas F ButCer `Vice Chair GeraCdX CaCCas, T2.D., FAS.A. Nora Castaneda Sioeeth Draksharam Lori High, R.N., N.P., Retired Gary F. Wesson, D.D.S., 34.S. _%Rold Analysis Laboratory CATES LABORATORIES INC 1339 MOTOR CIR DALLAS License Number: LAB1034 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: February 08, 2025 Mike Arismendez, Jr. Executive Director Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 3 Subcontractor Information and Qualifications INFORMATION - CATES LABORATORIES, INC. Texas Department of State Health Services CATES LABORATORIES INC is certified to perform as an Asbestos Laboratory PCM, PLM in the State OfTeeas and is herebygoverned by the rights, privileges and tesponsib.&tics set forth in Texas Occupations Code, Chapter 1954 and Title 12 Texas Adtrtuu'strative Code, Chapter 2 -relating to Texas lsbestos Health protection, as long as thus license is not suspended or revoked. License Number. 300287 Control Number. 96696 E r ! Expiration Date: 0410712025 JWSbufo Commissioner ofHealth (PoidAfter Expiration Date) VOID IF ALTERED NON -TRANSFERABLE , SEE BACK Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 4 Subcontractor Information and Qualifications INFORMATION - CATES LABORATORIES, INC. UnHad Stats Daparimant of Commarca National Institute of Standards and Technology Qj i�r+�11 �71515�4 Certificate of Accreditation to ISO11EC 17 : '1 T L;Vj w: a w:'kFr• Cates Laberatwiek Inc. D, T Is accrsdifed by the Nafbnal YNunfsrrLaborakwyAconp fsf+on PmVamforspeoftsents& Nsfed on the Swpe ofAomaatka. for Asbestos Fiber Anasis This laboratory Is accmclbd W accordance wtfh the recognized Infernattonaf Standard ISC14EC 4702 '2A17. This accreditlon dsmonsfn tes Technical cwWotence for a deRned scgoe and the operaf+on of a ladorabry quality management system fr efer To W IS 04LA C -MF Communique dated January 2000). °',: 20234M-01 ih 202"M1 Bhod#M Elapse Y FUfW MffnnHf VnfVAZf hbeu-ef , =edmf. Pmq.. Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 5 Subcontractor Information and Qualifications INFORMATION - CHERYUS DRAFTING AND DESIGN Cheryl's Drafting & Design 1903 Everglade Court, Dal- cdde- las, Texas 76051 (817) 366-9399 sign001 @ gmail.com Cheryl's Drafting & Design is a woman -owned firm specializing in drafting for geotechnical and environmental clients and projects. Experience includes working on hospital and healthcare projects, and providing report drawings for geotechnical, environmental, and asbestos survey reports. Based in the Dallas area for more than 35 years, the firm utilizes AutoCAD, MicroStation, and gINT to perform the work required for project specifications and reports. Cheryl's is NCTRCA certified as a Woman -Owned Business (WBE), a Disadvantaged Business (DBE), a Small Business Enterprise (SBE), and Historically Underutilized Business (HUB) in the State of Texas. ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 6 Subcontractor Information and Qualifications INFORMATION - DHL DHL Analytical, Inc. 2300 Double Creek Drive, apar@ Round Rock, TX 78664 (512) 388-8222 dhlanalytical. com DHL Analytical is an environmental laboratory providing analytical testing services for Texas and Oklahoma for the past 22 years. DHL Analytical, Inc. utilizes its state-of-the-art facility and equipment combined with highly trained staff to accomplish its top -rated services for all its clients throughout the years. DHL Analytical, Inc. strives to do better by continuously improving of all facets of its operations whether it is in staff training, equipment upgrades, data review and reports, new analytical services, etc. DHL Analytical's laboratory was designed specifically for sample testing services. There are a total of six climate controlled laboratory areas. These are Volatiles, Semi-Volatiles, Metals, Wet Chemistry and two separate sample prep labs. This design minimizes cross contamination problems. DHL Analytical's new total server storage and backup capacity is over 30 terrabytes in size. This fast server allows fast data storage and retrieval as well as redundancy of data storage ensures the safety of all data. All LIMS data is farther backed up using network attached storage on an hourly basis with a full backup to tape each evening. This system guarantees ALL data integrity. DHL Analytical, Inc's clients include many commercial clients, leading private environmental firms through the nation, state agencies (TCEQ, TXDOT, TXRRC), River Authorities (LCRA, Brazos River), and cities. The nature of these projects encompass site assessment, remediation/cleanup, ground water/waste water analysis, waste analysis, health and safety, emergency response research, etc. Certification Agency Number Expiration NELAP TCEQ T104704211 4/30/2024 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 7 Subcontractor Information and Qualifications INFORMATION - DHL RECOG,�i L Texas Commission on Environmental Quality NELAP-Recognized Laboratory Accreditation is hereby a-:,%,arded to 9 T a DHL Analytical, Inc. 2300 Double Creek Drive Round Rock, TX 78664-3801 in accordance with Texas Water Code Chapter 5, Subchapter R, Title 30 Texas Administrative Code Chapter 25, and the National Environmental Laboratory Accreditation Program. The laboratory's scope of accreditation includes the fields of accreditation that accompany this certificate. Continued accreditation depends upon successful ongoing participation in the program. The Texas Commission on Environmental Quality urges customers to verify the laboratory's current location(s) and accreditation status for particular methods and analyses (www.tceq.texas.gov/goto/lab). Accreditation does not imply that a product, process, system or person is approved by the Texas Commission on Environmental Quality. Certificate Number: T104704211-23-29 Effective Date: 512023 Expiration Date: 430f2024 VR%ef, Exeartive Director Texas Commission on Environmental Ouality ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 8 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC Environmental Logistics Company, LLC. 413 Metro Park Drive, (469) 742- ccascio@envirologistics. McKinney, TX 75071 9981 com Environmental Logistics Company, LLC. specializes in wide range of environmental and industrial services. Including remediation, excavation, environmental drilling services, direct push services, industrial and special waste disposal, demolition, transportation, petroleum storage tank compliance, underground storage tank removal, and petroleum storage tank services. Environmental Logistics Company's experienced staff and works alongside specialized contractors, environmental consultants, and industrial professionals, like Terracon. Environmental Logistics Company, LLC set themselves apart from other environmental drilling and field service companies because they know what clients require, and expect, when performing defensible environmental investigations. Environmental Logistics Company, LLC field staff is managed by environmental professionals, and clients receive excellent service and proven field techniques. Environmental Logistics Company, LLC. is NCTRCA certified as a Woman -Owned Business (WBE), and Historically Underutilized Business (HUB) in the State of Texas. Certification I Agency I Number I Expiration UST Contractor TCEQ CRP001437 11/30/2026 Class A/B UST TCEQ ILP002256 4/30/2026 LPST Corrective Action TCEQ CS0000162 6/7/2026 Specialist LPST Project Manager TCEQ CAPM01485 Valid with PG Certification TX Board of Professional Geologist Professional 2632 10/31/2024 Geoscientists Well Driller TDLR 54735M 10/04/2024 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 9 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC 0 L TEXAS COMMISSION ON ENVIRONMENTAL QUALITY h,. w �. Be it known that ENVIRONMENTAL LOGISTICS COMPANY LLC has f i fiCCeddthe requirements in accordance with the Caws of the State of Texas for UST CONTRACTOR License Number: CRP007.437 X Issue Date: 10/16/2023 / \ Expiration Date: 11/30/2026 Executive Director Texas Commission on EnvironmentaCQuatity :+ r 01 ■� City of Fort Worth I Brownfields Professional Development Services (24-0115) 10 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that MARK A GILBREATH has fu fiCCed the requirements in accordance with the Caws of the State of 11'exas for CLASS A&B UST ON -SITE SUPERVISOR License Number: ILP002256 GIMGI,� VUT"' Issue Date: 03/20/2023 E;Tiration Date: 0413012026 Interim Executive Director `IeXas Commission on EavtronmentatQuatity TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that AMY GILBREATH PG has fu fiffed the requirements in accordance with the Caws of the State of Texas for LPST PROJECT MANAGER License Number: CAPM01485 Issue Date: 05/02/2012 Expiration Date: Valid if PE or PG license is not revoked and is renewed according to law. 6� ��t, Executive Director Texas Commission on EnvironmentatQuatity ■� City of Fort Worth I Brownfields Professional Development Services (24-0115) 11 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC 3 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Tr. Ei Be it known that ENVIRONMENTAL LOGISTICS COMPANY LLC has fuy'ifIed the requirements in accordance with the taws of the State of Texas for LPST CORRECTIVE ACTION SPECIALIST License Number CS0000162�� V' " Issue Date: 06/01/2023 Expiration Date: 06/07/2026 executive Director 'Texas Commission on EnvironmentaC2uaCity 1=J Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 12 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC TEXAS DEPARTMENT OF LICENSING AND REGULATION �\ jf PO Box 12157 Austin, Texas 78711 CEDRIC CASCIO I"I'III'IIII111'IIIIIIII"II"III"IIII'lllll'I'I'1'll'llll'llll The Texas Department of Licensing and Regulation (TDLR) is responsible for licensing and regulating a broad range of occupations, businesses, facilities, and equipment in Texas. Our purpose is to protect the health and safety of Texans and ensure they are served by qualified professionals. We foster a predictable regulatory climate and avoid unreasonable government interference. In all of these endeavors, we: are open and transparent; • apply clear, consistent, and common- sense standards; keep costs low and efficiency high; and • deliver exceptional customer service. For assistance contact Customer Service Customer.service@td]r.texas.gov 512-463-6599 800-803-9202 (toll free statewide) TDLR's Mission: To honor the trust of all Texans, safeguard the public, and provide a fair and efficient licensing and regulatory environment at the lowest possible cost. TDLR's Vision: To be the leader in public service by creating innovative, low-cost licensing and regulatory "next" practices, and cultivating highly -engaged employees who provide exceptional customer service. TDLR's Core Values: Accountability Customer Service Innovation Integrity Open and Free Communication Respect Teamwork Visit us on the web at www.tdlr.texas.9ov STATE OF TEXAS CEDRIC CASCIO WELL DRILLER APTRR TEXAS DEPARTMENT OF LICENSING & REGULATION LICENSE NUMBER 54735 M EXPIRES 10104l2024 TEXAS DEPARTMENT OF LICENSING & REGULATION ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 13 Subcontractor Information and Qualifications INFORMATION - ENVIRONMENTAL LOGISTICS C ANY, LLC AWP—% TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS 1P.O. Box 13225 - Ausdn, Texas 78711 - (512) 9364408 - www.tbpg.state.tx us October 3, 2023 AMY T. GILBREATH 2708 COLONLAL CIRCLE MCKINNEY, TX 75070 DEAR AMY T. GILBREATH. PG: CONGRATULATIONS! Your P.G. license renewal application has been approved. Enclosed is your wallet license card with the current expiration date. We have included an additional license expiration card that may be kept with the original wall license certificate. Please note that the wall license certificate is not valid proof of licensure unless accompanied by a current license expiration card. You will receive updated cards upon each annual renewal. Please contact us at 512-9364408 should you have any questions. On behalf of the TBPG Licensing Staff, thank you for your renewal! Rene David Truan Executive Director Texas Board of Professional Geoscientists AMY T. GILBREATH, PG 4 - • � Geology License #2632 i Expires October 31, 2024 AMY T. GILBREATH, PG r Geology License #2632 Expires October 31, 2024 In accordance with the provisions of the Texas Geoscience In accordance with the provisions of the Texas Geoscience Practice Act, the Texas Board of Professional Geoscientists Practice Act, the Texas Board of Professional Geoscientists hereby certifies that the above named individual has been hereby certifies that the above named individual has been licensed as a Professiional�Geos(cien st. licensed as a Proflesssioon/all'Geos ientist. Ih.� ;t7.r�1��� W. David Prescott, PG, TBPG Chairman W. David Prescott, PG, TBPG Chairman Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 14 Subcontractor Information and Qualifications INFORMATION - MOODY LABS, LLC. Moody Labs, LLC. 2051 Valley View Lane, Farmers Branch, TX 75234 info@ (972) 241-8460 moodyl- abs.com Moody Labs, LLC. is a fully independent and accredited industrial hygiene and environmental testing laboratory specializing in electron and polarized light microscopy, including asbestos, microbial, and micro -analytical testing services. For over 24 years Moody Labs has provided high quality laboratory services to the industrial, municipal, and privates sectors throughout Texas and North America. Moody Labs, LLC. has gained an outstanding reputation through a commitment to integrity, quality, detail, and superior customer service. Mold Labs, LLC. is NVLAP accredited laboratory, TDSHS Asbestos PCM laboratory and TDLR accredited Mold Lab. Moody Labs, LLC. is WBENC certified as a Women -Owned Business (WBE), and Historically Underutilized Business (HUB) in the State of Texas. Certification Agency Number Expiration Environmental Biology AIHA LAP-102577 10/01/2023 Asbestos Laboratory PCM, PLM, TDSHS 300084 05/31/2024 TEM Asbestos Fiber Analysis NVLAP 102056-0 06/30/2024 Mold Analysis Laboratory TDLR LAB0117 03/01 /2024 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 15 Subcontractor Information and Qualifications INFORMATION - MOODY LABS, LLC. Texas Depalftment of State Health Services K-10()DY LABS LLB' DBA MOODY LABS 1�' C-0.�&wd to pedom A�bcstos Laboratory PCA-1, PLM, THM jyk Z.5,- ftek- C..e' 7•rr.?,� qneN h -:, ibe: r.?1.n.%, I;rjl.L6q" =d -ce Qtjh.-�j Te.uG OccupprinnX Cr?Kie' Ch-wp— Mj jaad 7'7 fl& 1-' 7-: , Cu&-- awp�-f -795'1di&;p- lh. is L=gm A?4wbw- J%" r% D. Wx&24 rhze; voiriwALTERPI) N'f)N-TR.%%!iFLRAULL SE J- 13ACK City of Fort Worth I Brownfields Professional Development Services (24-0115) 16 Subcontractor Information and Qualifications INFORMATION - MOODY LABS, LLC. Texas Dcpartment of State Health Services MOO D Y LABS LLB; LTAMOODY LABS it atefied fc- perfo:w '?em Asbcstusi Laboratory PCA-1, PLM, TRIM m D51,- Te.uj N nxis C.orer, TR.5-ianr? 'h'de 1-2 TL"v Cu&. Qwpc-.,x 2!75,ichvi�r {V"Ab Rrfjcawj' JA 4w;,.z.- dLkEcnascA nor 0 r Jahn -Hd&.tyt,--dt, MD, .9w4 ofrja&AE A #&.r Pxp im Fin a Th L voi ri ir- 4 I.TF.P.F. ON -TEA%'!iFLRAULL SEL, 13ACK City of Fort Worth I Brownfields Professional Development Services (24-0115) 17 Subcontractor Information and Qualifications INFORMATION - MOODY LABS, LLC. tA AIHA LAP" AIHA Laboratory Accreditation Programs, LLC SCOPE OF ACCREDITATION Moody Labs, LLC Laboratory ID: LAP-102577 Issue Date: 11/01/2023 2051 Valley View Lane Farmers Branch, TX 75234 Expire Date: 11/01/2025 The laboratory is approved for those specific field(s) of testing/methods listed in the table below. Clients are urged to verify the laboratory's current accreditation status for the particular field(s) of testing/Methods, since these can change due to proficiency status, suspension and/or withdrawal of accreditation. Environmental Microbiology Laboratory Accreditation Program (EMLAP) Initial Accreditation Date: 06/01/2003 Component, parameter, Method Description EMLAP Scope Category Field of Testing (FOT) characteristic, material, Method (for internal methods only) or product tested Enumeration and Fungal Air - Culturable Culture Plate MLQ-0113 Identification of Fungi in Air - Culture Enumeration and Fungal Air - Direct Examination Spore Trap MLQ-0112 Identification of Fungi in Air - Direct Microscopy/ ASTM D7391-20 Enumeration and Fungal Bulk - Culturable Bulks MLQ-0115 Identification of Fungi on Surfaces and Bulk Materials - Cultures Identification of Fungi on Surfaces Fungal Bulk - Direct Examination Bulks MLQ-0114 and Bulk Materials - Direct Microscopy/ ASTM D7658-17 Enumeration and Fungal Surface - Culturable Swab/Tape MLQ-0115 Identification of Fungi on Surfaces and Bulk Materials - Cultures Identification of Surface - Direct Fungi on Surfaces Fungal Swab/Tape MLQ-0114 and Bulk Materials - Examination Direct Microscopy/ ASTM D7658-17 A complete listing of currently accredited EMLAP laboratories is available on the AIHA LAP, LLC website at: htto://www.aihaaccreditediabs.ora Effective: 10/24/2023 Revision: 8 Page 1 of 1 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 18 Subcontractor Information and Qualifications INFORMATION - MOODY LABS, LLC. TEXAS DEPARTMENT OF LICENSING AND REGULATION P.O. Box 12157 Austin, Texas 78711-2157 1-800-803-9202 (512) 463-6599 www.tdlr.texas.aov If you cut around the border of the license it will fit in a standard 5° x 7" frame. MOODY LABS LLC 2051 VALLEY VIEW LN FARMERS BRANCH TX 75234-8946 Rick Figueroa Chair 7honias F. LRutrer 'Vice Choir Gerald R. CaCCas, Jv1.D., f:.q S A. YfeCen Carrier Nora Castaneda JoeCGarza Gary F. lilessoi2, D.D.S., w1.S. .94oCd naCysis Laboratory MOODY LABS LLC 2051 VALLEY VIEW LN FARMERS BRANCH License Number: LAB0117 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: March 01, 2024 Mike Arismendez, Jr. Executive Director ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 19 Subcontractor Information and Qualifications INFORMATION - PRECISION ENVIRONMENTAL SERVICES Precision brian@ 6104 Cedar Sage Trail, (940) 597- Environmental precisionenviro. Lantana, Texas 76226 2673 Services net W Precision Environmental Services specializes in environmental • • • - •F consulting including asbestos, mold, lead, and IEQ services. - Project Precision Environmental Services is North Central Texas Regional Certification Agency (NCTRCA) certified as a WBE. Certification Agency Number Expiration Asbestos Consultant Agency DSHS 100546 10/20/2024 PCM Laboratory DSHS 300424 12/10/2024 Mold Consultant TDLR MAC1542 06/03/2024 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 20 Subcontractor Information and Qualifications INFORMATION - PRECISION ENVIRONMENTAL SERVICES Texas Department of State Health SeiAlIces PRECISION ENVIRONMENTAL SERVICES is ccmfird ro perform as sn Asbestos Consultant Agency in the St2re of Tr-cas and is Ircreb;,Soremcd hr die nghts, pri vilegrs and re. �onarbilmrs set forth in ?nu r QccapAuons Cade, Chaprcr 1954 and Ddr 1_', Tnu-, . I6i-zrrustraoc-e Code, Cluapter295 rclrung to Texas . Is6esrns llralth Pmreetl,1rr, as l0n,4 as this irceiise is not suspended or rcrnked License Number. 100546 .Expiration Date: 1012012024 Control Number: 97508 John Hellcrsted4 Af.D., Commissioner ofHe2kh VOID IF ALTERED NON -TRANSFERABLE (Void After Ecpin don Date) SEE SACK ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 21 Subcontractor Information and Qualifications INFORMATION - PRECISION ENVIRONMENTAL SERVICES Texas Department of State Health Services PRECISION ENVIRONMENTAL SERVICES rs certified ro perform as an Asbestos Laboratory PCM, PLM is the Sus of Texas and rs he-rebrgoeemed bl• the righLi, pas i7eges wd respoa-vb&Lz;zs scr forth ut Tess Occw.2tiom Code, C baptet 19aa and Title lZ Te ;2i-idtmm&ajrire Code, Oupter 295 rebtttag to 7-razs -ishe�ros Health Protection, as long as dus Gcensc is not suspended or inwhed .. License Number 300424 bpi,-26on Date: 12/10/2024 jenndarShufwd, 1ID, .ALP9 Control Number. 96679 Commissioner of Health (Vold After Expiration Date) 1'G1U.1 ,'-1TRTD NJ)N-TRANSFERABLE SEE BACK ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 22 Subcontractor Information and Qualifications INFORMATION - PRECISION ENVIRONMENTAL SERVICES TEXAS DEPARTMENT OF LICENSING AND REGULATION P.O. Box 12157 Austin, Texas 78711-2157 1-800-803.9202 (512) 463-6599 www.tdlr.texas.nov If you cut around the border of the license it will fit in a standard 5' x 7' frame. BRIAN JACOBS 516 FOREST TRL ARGYLE TX 76226-6704 Rick ,Figueroa Chair 7hamas F Dutrer Vice Chair GerardR Callasas, .M.D., F.AS.-A. 3reren Cater Nora Castaneda IoerGarza Gary F. `tVessan, D.D.S., m.s. .MoW-Assessment- Company PRECISION ENVIRONMENTAL SERVICES 516 FOREST TRL ARGYLE ALYSSAJACOBS License Number: AC01211 The entity named above is licensed by the Texas Department of Licensing and Regulation. License Expires: April 27, 2024 Mike Arismendez, Jr. f=i2 1 Executive Director ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 23 Subcontractor Information and Qualifications INFORMATION - SUNBELT Sunbelt Industrial Services (Sunbelt) 2415 Cullen Street, Fort Worth, Imcclure@ TX 76107 (817) 877-0866 sun -belt. com Sunbelt Industrial Services (Sunbelt) is a full -service environmental contractor. Established in 1988, Sunbelt focuses on providing quality environmental services, completing their projects safely, on time and within budget. Sunbelt's employees are some of the most qualified and experienced in the industry. Management consistently trains their employees on the current safety procedures and their excellent safety records reflect this methodology. They provide a wide range of environmental, remediation, waste, and drilling services. Sunbelt's expertise in completing a diverse portfolio of projects allow them to provide their customers quality services that are surpass industry trends in the industry. Sunbelt Industrial Services is NCTRCA certified Women -Owned Business (WBE), and Historically Underutilized Business (HUB) in the State of Texas. Certification UST Contractor Class B UST On -Site Supervisor Agency Number Expiration Texas Commission on CR0000220 Environmental Quality TCEQ US0000750 5/31 /2024 02/28/2026 ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 24 Subcontractor Information and Qualifications INFORMATION - SUNBELT J � TEXAS COMMISSION ON ENVIRONMENTAL QUALITY w Be it known that G L MORRIS ENTERPRISES INC has fuCfiCCeddthe requirements in accordance with the Caws of the State of Texas for UST CONTRACTOR license Number: CR0000220 Issue Date: OS/18/2021 Exyiration. Date: O5/31/2024 Executive Director Texas Commission on Environmentai'QuaCty Q (�uunnnnnunnuuuuunnnnunnnnnnnnnunnnuunl� iniininniiiunininniuniniiuuuiiiuiiniinininiuiuniiiiiuinniu�,�� ■r City of Fort Worth I Brownfields Professional Development Services (24-0115) 25 Subcontractor Information and Qualifications INFORMATION - SUNBELT TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Be it known that JESUS ZUNIGA has fu fi&-d the re uirements in accordance with the Caws oythe State of Texas for CLASS B UST ON -SITE SUPERVISOR License umber: US0000750 • � V Y' Issue Date: 01/26/2023 Eviration Date: 02/28/2026 Interim FXecutive Director 7eXas Commission on Dnvironmenta(Quality Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 26 Section 3 Acknowledgment of Receipt Addenda Section 3 - Acknowledgment of Receipt of Addenda 3.0 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 February 22, 2024 (date received) Addendum Number 2 (date received) _ Addendum Number 3 (date received) Addendum Number 4 (date received) Check if applicable The undersigned acknowledges the receipt of no addenda to the Request for Proposal. FIRM: Terracon Consultants, Inc. Company Name 1801 Handley Ederville Road Address Fort Worth, Texas 76118 City, State, Zip By. Kevyn Gunn (print or type name of signatory) (Signature) Senior Associate Title (print or type) Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Any Other Required Documents Any Other Required Documents FORM 1295 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Terracon Consultants, Inc. Dallas, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth FORM 1295 1of1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1128694 Date Filed: 02/27/2024 Date Acknowledged 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24-0115 PW-RFQ Brownfields Program Professional Development Services 4 Pavlicek, Bob Donald, Vic Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Raleigh, NC United States X Baton Rouge, LA United States X Packer, Gayle Zambo, Vanessa Moussallem, Maroun Anderson, Tim 5 Check only if there is NO Interested Party. ❑ Olathe, KS United States Olathe, KS United States Denver, CO United States Phoenix, AZ United States X X X X 6 UNSWORN DECLARATION My name is Kevvn Gunn and my date of birth is 10/27/1957 My address is _ 8901 John W Carpenter Fwv_ . Ste 100 Dallas TX , 75247 US (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 27thday of FebruO))) y 20 24 (month) (year) S( iature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.9000c47 Wr City of Fort Worth I Brownfields Professional Development Services (24-0115) 1 Any Other Required Documents CHECKLIST FORT WORT11 CITY OF FORT WORTH - ENVIRONMENTAL SERVICES DEPARTMENT QUALIFICATION QUESTIONNAIRE, AND MANDATORY REQUIREMENTS QUESTIONNAIRE AND REQUIREMENTS Legal Name of Firm: Terracon Consultants, Inc. DOCUMENTS REQUIRED FOR RESPONSE TO BE CONSIDERED RESPONSIVE The following documents and information are required to be submitted to be considered responsive: Oualification Documents Check Mark if Included 1. QUALIFICATIONS CERTIFICATION 2. VENDOR COMPLAINCE TO STATE LAW 3. ACKNOWLEDGEMENT OF RECIEPT OF ADDENDA 4. FIRM'S QUALIFICATIONS AND EXPERIENCE 5. FIRM'S LICENSES AND CERTIFICATES 6. PROJECT REFERENCES 7. PROJECT SCHEDULE AND PAYMENTS 8. FIRM'S LEGAL & COMPLIANCE HISTORY 9. EXHIBITS 10. FEE SCHEDULE 11. SUBCONTRACTOR INFORMATION & QUALIFICATIONS 12. FINANCIAL STATEMENT 13. INSURANCE CERTIFICATES 14. PREVAILING WAGE RATE 15. COMPLIANCE & WORKERS COMPENSATION Page 1 of 19 ■� City of Fort Worth I Brownfields Professional Development Services (24-0115) 2 EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY TERRACON CONSULTANTS INC 1801 HANDLEY EDERVILLE ROAD FORT WORTH. TEXAS 76118 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. 1. Name: Kyle Burroughs Position: Regional Manager Kyle r s�Ju136, 20340T 28 COT) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Vendor Services Agreement Page 16 of 16 M&C Review Page 1 of 2 A Official site of the City of Fort Worth, Texas CITY COUNCIL AGEND Fo RT WORTH Create New From This M&C DATE: 5/14/2024 REFERENCE **M&C 24- LOG NAME: 22BROWNFIELDS NO.: 0405 SERVICES CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with Terracon Consultants, Inc., for an Annual Amount Not to Exceed $250,000.00 for a One -Year Initial Term and Authorize Four (4) One -Year Renewals for the Same Annual Amount for the Environmental Services Department RECOMMENDATION: It is recommended that the City Council authorize the execution of a Professional Services Agreement with Terracon Consultants, Inc., for a One -Year Initial Term and Authorize Four (4) One -Year Renewals for the Same Annual Amount for the Environmental Services Department. DISCUSSION: The Environmental Services Department issued a Request for Qualifications (RFQ) for professional services for brownfield-related activities and subsequent strategic planning, grant management, reporting, or development of quality assurance plans for brownfield projects. To procure these services, the Purchasing staff issued Request for Qualifications No. 24-0115. The RFQ consisted of detailed specifications describing the project background, vendor requirements, and other requirements to perform the services. The RFQ was advertised in the Fort Worth Star -Telegram on February 7, 2024, February 14, 2024, February 21, 2024, February 28, 2024, and March 6, 2024. A prequalification conference was held on February 15, 2024, with answers to questions posted on February 20, 2024. Responsive submittals were received from the following two (2) firms on March 7, 2024: 1. Terracon Consultants, Inc. 2. Enercon Services, Inc. An evaluation panel reviewed and rated the submittals from each of the two (2) firms based on the published weighted evaluation criteria; a) company and personnel experience, b) firm's qualification experience, c) provider's work history and references, and d) firm's project narrative and detailed service approach. Proposers Evaluation Factors C-1 C-2 C-3 C-4 Total Score (25 pts) (30 pts) (20 pts) (25 pts) (100 pts) Terracon Consultants, 21.88 27 17 21.25 87.13 Inc. Enercon Services, Inc. 17.50 21 14.50 16.25 69.25 Terracon Consultants, Inc. was selected as the most highly qualified respondent, based on demonstrated competence and qualifications provided in the Statement of Qualifications to perform the services in accordance with Chapter 2254 of the Texas Government Code. http://apps.cfwnet.org/council_packet/mc—review.asp?ID=321 I I &councildate=5/14/2024 5/28/2024 M&C Review Page 2 of 2 Funding: The estimated cost for one year of brownfield professional services is $250,000. The estimated value of the agreement over a five (5) year term is $1,250,000. Funding is budgeted in the General Oper & Maint Category within the Environmental Protection Fund for the Environmental Services Department. BUSINESS EQUITY OFFICE: Terracon Consultants, Inc., is in compliance with the City's Business Equity (BE) Ordinance No. 25165-10-2021, by committing to thirteen (13) percent MWBE participation. The City's MWBE goal on this project is eight (8) percent. This contract serves the entire City in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Environmental Protection Fund. Prior to an expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project I Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manaaer's Office bv: Valerie Washington (6199) Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Cody Whittenburg (5455) Sarah Czechowicz (5164) Request for Compliance Memo DVIN 2021.pdf (CFW Internal) 22BROWNFIELDS SERVICES.docx (CFW Internal) COFTW 1295.pdf (CFW Internal) FID TABLE-22BROWNFIELDS SERVICES.xlsx (CFW Internal) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=321 I I &councildate=5/14/2024 5/28/2024