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HomeMy WebLinkAbout065208 - General - Contract - Terracon Consultants, Inc.City Secretary Contract No. 65208 FORTWORTH. 411,11 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 and acting by and through its duly authorized representative. Each entity may be individually referred to as a "party" or 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 — Vendor's Bid Response to City's RFP No. 26-0060; and 5. Exhibit D — Verification of Signature Authority Form. Exhibits A, B, C, and D, 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. Vendor shall provide asbestos third -party monitoring and consulting services ("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 the date both parties sign this Agreement ("Effective Date") and expires one year after Effective 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. Compensation. 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 this Agreement will be an amount up to TWO -HUNDRED SIXTY THOUSAND ONE HUNDRED NINETY-SEVEN DOLLARS ($260,197.00). 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 CITY SECRETARY Vendor Services Agreement FT. WORTH, TX Page 1 of 18 4. Termination. 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. 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. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after Vendor Services Agreement Page 2 of 18 final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of 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. Independent 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. 8. Liability 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 OFANYKIND 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 Vendor Services Agreement Page 3 of 18 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 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. Assi!nment and Subcontractinu. 9.1 Assignment. lent. 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: Vendor Services Agreement Page 4 of 18 10.2 $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by 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 Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. Vendor Services Agreement Page 5 of 18 (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. Compliance with Laws, Ordinances, Rules and Regulations. 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 100 Fort Worth Trail 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, Regional Manager 1801 Handley Ederville Rd Fort Worth, TX 76188 817-268-8600 14. Solicitation of Employees. 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, Vendor Services Agreement Page 6 of 18 whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 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 Majeure. 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 Parry provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Parry'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 parry 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 parry hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. Vendor Services Agreement Page 7 of 18 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 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 Nationality 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 Authority. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of 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 Company 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 Vendor Services Agreement Page 8 of 18 resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. 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 Boycotting Energy Companies. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. 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. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. 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. Vendor Services Agreement Page 9 of 18 (signature page follows) Vendor Services Agreement Page 10 of 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: Name Title: Date: V69, Valerie Washington (May 18, 2026 14:52:47 CDT) Valerie Washington Assistant City Manager 05/18/2026 APPROVAL RECOMMENDED: By: Name Title: Wyndie Turpen Environmental Services Assistant Director ATTEST: FORTn�op,, B Y: Name: Jannette S Goodall Title: City Secretary VENDOR: Terracon Consultants, Inc 29d By. Kyle @btZAns (May 14, 2026 14:19:55 CDT) Name: Kyle Burroughs Title: Regional Manager Date: 05/14/2026 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 G�� Name: Roger Grantham Title: Environmental Supervisor APPROVED AS TO FORM AND LEGALITY: M. Kevin ArOers 11 By: M. Kevin Anders, II (May 18, 2026 12:46:3 CDT) Name: M. Kevin Anders, II Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 26-0340 Form 1295: 2026-1428709 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 11 of 18 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES The Vendor will serve as the City's independent third -party representative during asbestos abatement activities at the Fort Worth Convention Center ("FWCC") located at 1201 Houston St. The Vendor will provide independent monitoring, oversight, documentation, and compliance verification services to ensure all abatement activities comply with the City's specifications, federal and state regulations, and industry best practices. List of Acronyms — The following are a list of acronyms as used in this Exhibit A: A. AIHA — American Industrial Hygiene Association B. DSHS — Texas Department of State Health Services C. FWCC — Fort Worth Convention Center D. NESHAP — National Emission Standards for Hazardous Air Pollutants E. NIOSH — National Institute for Occupational Safety and Health F. NVLAP — National Voluntary Laboratory Accreditation Program G. OSHA — Occupational Safety and Health Administration H. TAHPR — Texas Asbestos Health Protection Rules L USEPA — United States Environmental Protection Agency 2. Project Overview — The Vendor shall: A. Act as the City's on -site representative during asbestos abatement operations. B. Provide licensed asbestos professionals (Vendor, Project Manager, Personnel Air Monitoring Technician) as required. C. Attend and document pre -construction, progress, and close-out meetings. D. Communicate daily with City staff about site conditions, progress, and findings. 3. Project Objectives — The Vendor shall: A. Ensure the safe and compliant removal of asbestos -containing materials at the Fort Worth Convention Center (FWCC) through independent third -party monitoring and oversight. B. Verify full adherence to all applicable federal, state, and local regulations, including, but not limited to TAHPR, OSHA regulations (e.g., 29 CFR 1926.1101), NESHAP, and City of Fort Worth specifications. C. Provide accurate, timely, and defensible air monitoring data and documentation to support regulatory compliance and project decision -making. D. Maintain clear communication with City staff regarding site conditions, progress, deviations, and test results throughout the abatement process. Vendor Services Agreement Page 12 of 18 E. Communicate any changes to the scope of the schedule which must be approved in writing by the City prior to implementation. F. The Contractor shall observe, monitor, document, and report on abatement activities but shall not direct or control abatement work. Any conditions identified that may warrant corrective action or work suspension shall be immediately reported to the City for direction. 4. Vendor's Responsibilities — The Vendor shall: A. Provide Licensed Asbestos Consultants, Project Managers, and Air Monitoring Technicians who hold valid DSHS credentials. B. Vendor's personnel must be trained in: 1. Asbestos air monitoring techniques 2. Containment inspection procedures 3. Clearance sampling practices 4. OSHA and TAHPR regulatory compliance 5. Backup staff must be available to support multi -area abatement or schedule fluctuations. C. Site Monitoring and Inspection Responsibilities: The Vendor shall be responsible for: 1. Performing daily inspections of negative -pressure containments, decontamination units, critical barriers, and engineering controls. 2. Observing abatement work practices to verify compliance with project specifications and regulatory requirements. 3. Documenting deficiencies and notify the City immediately of any non -compliant or unsafe conditions. 4. Verifying proper waste handling, containerization, and load -out procedures consistent with DSHS and project requirements. D. Air Monitoring Responsibilities: The Vendor shall be responsible for: 1. Conducting baseline, daily, and clearance air monitoring in accordance with DSHS, OSHA, and NESHAP requirements. 2. Ensuring that all samples are collected, handled, and analyzed following NIOSH- approved methodologies and accredited laboratories by NVLAP or AIHA. 3. Providing verbal notification of critical test results to the City on the same day. 4. Providing written laboratory reports within one (1) business day of receiving analytical data. E. Documentation and Reporting: The Vendor shall be responsible for: I. Maintaining detailed daily logs, including work area status, contractor staffing, inspection findings, air monitoring activities, and any deviations. 2. Maintaining photographic documentation of containment conditions, work progress, and deficiencies. 3. Tracking and documenting all corrective actions taken by the abatement contractor. 4. Providing a final comprehensive project report summarizing air monitoring data, inspection results, clearance certifications, deviations, and corrective actions. Vendor Services Agreement Page 13 of 18 F. Communication and Coordination: The Vendor shall: 1. M et with City staffeas needed to discuss project status, issues, and scheduling. 2. Communicate daily findings via email to the City's designated project representative. 3. Be available for emergency or after-hours response if required by project conditions. G. Regulatory Compliance Responsibilities: The Vendor is responsible for ensuring it remains in compliance with all applicable federal, state, and local laws and regulations, which shall include, but are not limited to, the following: 1. Ensuring all abatement operations follow TAHPR, OSHA (e.g, 29 CFR 1926.1101), and NESHAP requirements. 2. Ensuring that all staff maintain proper licenses, training, and medical clearance as required by regulation. 3. Notifying the City immediately of any regulatory violations or safety concerns. H. Quality Control Requirements: The Vendor is responsible for verifying the accuracy of all documentation, asbestos sampling procedures, and reporting, as specified below: 1. The Vendor shall maintain an internal Quality Control (QC) program to ensure accuracy, consistency, and completeness of all documentation, sampling procedures, and reporting. 2. All air monitoring activities, chain -of -custody forms, laboratory submissions, and analytical reports must follow established QC procedures consistent with NIOSH, OSHA, and DSHS standards. 3. The Vendor shall implement a QC review of all daily logs, inspection forms, and monitoring records before submission to the City to ensure accuracy and clarity. 4. The Vendor shall calibrate all personal air sampling pumps, instruments, and equipment before and after each sampling event, and maintain related documentation in project records. 5. The Vendor shall maintain a QC system to track deficiencies, corrective actions, and follow-up verification to ensure issues identified during inspections are fully resolved. 6. The Vendor shall immediately document, investigate, and communicate to the City if there are any deviations, unusual conditions, or discrepancies in sampling or field observations. 7. The Vendor shall ensure that all of its field personnel understand and follow the QC procedures through required and documented internal training. 5. Federal Funding Requirements A. This project is funded in whole or in part by a grant awarded by the U.S. Environmental Protection Agency (EPA) under the Brownfields Program. All services performed under this solicitation and any resulting contract shall comply with all applicable federal, state, and local laws, regulations, and grant conditions associated with the use of federal funds. B. The selected contractor shall comply with all applicable federal requirements, including but not limited to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). C. All costs charged to the project must be allowable, allocable, reasonable, and necessary in accordance with applicable federal cost principles. Vendor Services Agreement Page 14 of 18 D. The contractor shall maintain complete and accurate records related to the performance of work and expenditures under the contract and shall make such records available for inspection, audit, or reproduction by the City, USEPA, the U.S. Government Accountability Office, or any authorized representative, in accordance with federal record retention requirements. E. The contractor shall provide all documentation, reporting, and supporting materials necessary for the City to meet EPA Brownfields grant reporting and compliance requirements, including documentation supporting invoices, labor hours, and deliverables. F. By submitting a proposal, the proposer certifies that it is not debarred, suspended, or otherwise excluded from participation in federally funded contracts in accordance with 2 CFR Part 180 and 2 CFR Part 1532. The contractor shall comply with all applicable federal non- discrimination, equal employment opportunity, and civil rights requirements, including Title VI of the Civil Rights Act of 1964 and related regulations. G. The contractor shall disclose any actual or potential conflicts of interest and shall ensure that all applicable federal requirements are flowed down and binding upon all subcontractors. The project will be subject to federal labor standards, including prevailing wage requirements under the Davis -Bacon Act. H. Failure to comply with federal funding requirements may result in disallowed costs, withholding payment, contract termination, or other remedies available to the City. Vendor Services Agreement Page 15 of 18 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Line Description Unit of Measure price 1 Licensed Asbestos Consultant HR $ 195.00 2 Licensed Asbestos Inspector HR $ 130.00 3 Licensed Air Monitoring Technician HR $ 95.00 4 Project Manager HR $ 165.00 5 Administrative Assistant HR $ 85.00 6 Asbestos: Transmission Electron Microscopy TEM) EA $ 69.00 7 Asbestos Bulk Samples: Polarized Light Microscopy (PLM) EA $ 13.25 8 Asbestos Bulk Samples: Transmission Electron Microscopy (TEM) EA $ 92.00 9 Licensed Asbestos Consultant - Overtime HR $ 195.00 10 Licensed Asbestos Inspector — Overtime HR $ 130.00 11 Licensed Air Monitoring Technician — Overtime HR $ 95.00 12 Project Manager — Overtime HR $ 165.00 13 Administrative Assistant — Overtime HR $ 85.00 Vendor Services Agreement Page 16 of 18 City Secretary Contract No. EXHIBIT C CONTRACTOR'S BID RESPONSE TO CITY'S RFP NO. 26-0060 EXHIBIT D Vendor Services Agreement Page 17 of 18 City of Fort Worth Environmental Asbestos Third -Party Monitoring and Consulting Services (FWCC) RFP #26-0060 March 12, 2026 Terracon Consultants, Inc. 1801 Handley Ederville Road Fort Worth, Texas 76118 P (817) 268-8600 rracon Explore with us Section 1: Letter of Demonstration.........................................................1 Section 2: Firm Experience and Past Performance................................2 Section 3: Staff Qualifications and Certifications...................................9 Section 4: Project Approach, Timeline and Methodology ....................16 Section 5: Capacity, Responsiveness, and Service Availability ............20 Uploaded to EUNA BONFIRE • RFP-02-CIQ Form and W9 • RFP-03-Authorized Signature and Contact Details • RFP-04-Reference Sheet • Completed RFP-06-Questionnaire, Qualifications and Requirements • Certifications and Licenses • Signed Addendum 1 • Exceptions: None • Bid Table Third -Party Pricing (BT-38AJ) • RFP-07-Form 1295 Certificate of Interested Parties Form 1295 Section 1 Letter of Demonstration Terracon March 12, 2026 City of Fort Worth 908 Monroe Street Fort Worth, Texas 76102 Attn: Sarah Czechowicz Purchasing Manager Sarah.Czechowicz@fortworthtexas.gov 1801 Handley Ederville Road Fort Worth, Texas 76118 P (817) 268-8600 Terracon.com Re: Letter of Demonstration and Statement of Qualifications for Environmental Asbestos Third -Party Monitoring and Consulting Services (FWCC) RFQ 26-0060 Dear Ms. Czechowicz and Members of the Selection Committee: As a leading provider of environmental consulting and testing services, Terracon Consultants, Inc. (Terracon) is honored to submit this Statement of Qualifications to the City of Fort Worth for Asbestos Third Party Monitoring and Consulting Services. Terracon seeks to continue its long standing partnership with the City by providing independent, compliant, and responsive asbestos consulting services in support of asbestos abatement activities at the Fort Worth Convention Center. Terracon brings extensive experience supporting public sector clients, large facility redevelopments, and federally funded projects, including EPA Brownfields programs. We provide licensed asbestos professionals, strong quality control, and the capacity to support multi phase and concurrent abatement activities, delivering independent third party oversight aligned with City and federal requirements. Terracon's experience supporting the City of Fort Worth's EPA Brownfields projects provides added value through familiarity with federal grant compliance, documentation, and reporting expectations. Since 1992, Terracon has maintained a strong North Texas presence, with three local offices providing responsive service and rapid on site support, including after hours needs. Our DFW Metro team of more than 275 professionals, including licensed asbestos staff and compliance leaders, provides the depth and flexibility required to support complex abatement programs. If you have any questions regarding this submittal, please contact your primary point of contact, Mr. Roger Beahm, Jr., REM, AIC, MAC at (817) 591-1917. Thank you for your time and consideration. Sincerely, Terracon Consultants, Inc. /(PJ 0(4 tll Roger Beahm, Jr., REM, AIC, MAC Department Manager, Asbestos roger.beahm@terracon.com Section 2 Firm Experience and Past Performance Experience 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 in the Brownfields Program and have 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 program implementation for 361 Brownfields Cooperative Agreement projects nationwide, including the program implementation of 16 Brownfields Cooperative Agreements locally, including the City of Fort Worth. Our DFW Texas offices have been in operation for over 30 years and we have more than 275 NNOMMO 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 grant program. Terracon's local environmental staff includes 40+ professionals with eleven (11) full-time asbestos employees, including Licensed Asbestos Consultants, Inspectors, and Air Monitoring Technicians. Terracon tailors each Brownfields project to our client and their community to provide services that will have a meaningful impact on your community. Terracon understands these challenges of Brownfields Redevelopment and has assisted the City since 2019 in: • Ensuring the use of Brownfields funds as governed by the conditions outlined in the CERCLA § 104(k); • Meeting expedited schedules; • Communicating with several city departments and/or municipalities; • Interacting with the public and other stakeholders, some of whom may be uninformed or hostile; • Completing projects 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. Am - . 0 wr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 2 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 related to Brownfields funding and can continue to assist the City of Fort Worth to appropriately use funding, avoid negative audit findings, complete additional assessment (if necessary) and cleanup activities. 22jr6OO+ BUILDING ENVIRONMENTAL SCIENCES (BES) PROJECTS N THE PAST 3 YEARS In concurrence with the required Brownfields approval and reporting, Terracon understands that Brownfields transactions require more effort to coordinate with critical participants, including the City of Fort Worth, developers, stakeholders, property owners, and permitting agencies during redevelopment. Locally, Terracon has completed over 175 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 (ESA), Phase II ESA, Asbestos Sampling, Cleanup Planning, and Site Closure through the Voluntary Cleanup Plan (VCP). Davis -Bacon Prevailing Wage Compliance Terracon is versed in Davis -Bacon Act requirements and integrates prevailing wage compliance into all federally funded remediation projects for hazardous and petroleum contaminants. All contractors and subcontractors are required to comply with Davis -Bacon wage determinations, with detailed payroll records maintained and regular audits conducted. We coordinate with the City of Fort Worth and EPA to verify that all labor standards are met, and all Davis -Bacon compliance documentation (including certified payrolls, wage determinations, and audit records) is included in the administrative record and available for review. Terracon's approach to administrative record maintenance and Davis -Bacon compliance is comprehensive, systematic, and fully aligned with federal, state, and local requirements. This ensures all project actions, decisions, and expenditures are documented, accessible, and audit -ready, supporting transparency, regulatory compliance, and successful project outcomes for the City of Fort Worth. err City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 3 Administrative Record Terracon's administrative record maintenance is systematic and fully compliant with the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ), and local requirements. The administrative record documents all decisions, actions, and communications related to brownfields cleanup planning and remediation. Terracon understands the need for the following: • Submission of key documents [QAPPs, Health and Safety Plans (HASPs)] to the EPA Project Officer for approval prior to field activities. v �A Local Environmental Partnership Integrated Services to Revitalize Communities • Regular reports to the City of Fort Worth, and the EPA. • At grant completion, closeout, including financial analysis, summary of outputs, final budgets, site lists, and uploading all activities into the EPA ACRES system. • The administrative record includes all technical, financial, and compliance documentation generated throughout the project lifecycle, ensuring transparency and facilitating public review. • All expenditures, actions, and decisions are fully documented and traceable, including compliance with Davis -Bacon prevailing wage requirements, procurement documentation, and certifications. wr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 4 Project Details for Similar Services Dallas Convention Center Expansion and Renovation DALLAS, TEXAS PROJECT SUMMARY Terracon serves as an environmental advisor and technical consultant to the City of Dallas Office of Environmental Quality and Sustainability, providing comprehensive environmental consulting services in support of renovation and redevelopment activities at the Kay Bailey Hutchison Convention Center (KBHCC) in downtown Dallas. The Kay Bailey Hutchison Convention Center is a high -profile civic asset and a key component of the City's downtown infrastructure. Terracon's work has been performed under a series of coordinated project authorizations that include environmental assessment, asbestos abatement consulting, soil and groundwater management, and ongoing environmental site CITY OF DALLAS Contact: Lori Frauli Trulson Title: Senior Environmental Coordinator Email: lori.trulson@dallascityhall.com Phone Number: (214) 671-8967 Address: 1500 Marilla Street, Dallas, TX 75201 TERRACON SERVICE DATES: 2000 - Ongoing TERRACON FEE: $534,567.70 management. Several of these projects are ongoing. Collectively, the completed and active efforts support improvements to existing facilities and enable infrastructure associated with broader redevelopment initiatives at the convention center. These projects reflect Terracon's experience supporting complex, multi -phase redevelopment efforts in dense urban environments. The work demonstrates Terracon's ability to provide consistent environmental consulting services across multiple scopes while maintaining close coordination with City of Dallas stakeholders overextended project timelines. or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 5 Key Contributions At the KBHCC, Terracon has delivered environmental documentation, technical evaluation, and field support necessary to support construction activities at the active KBHCC. Services include coordination with City representatives, environmental data collection, development of management plans, and preparation of regulatory documentation. Terracon's services have assisted the City of Dallas in managing legacy environmental conditions and environmental risk, while advancing multiple concurrent improvement efforts at the convention center. Asbestos Abatement and Hazardous Materials Consulting Since 2024, Terracon has provided asbestos -related consulting services for multiple renovation projects at the Kay Bailey Hutchison Convention Center. These services support renovation activities and are performed in coordination with the City of Dallas Office of Environmental Quality and Sustainability. Terracon's work includes asbestos abatement consulting and the preparation of formal closeout documentation for arena column renovations, including the compilation of air sampling results and the regulatory records required by the City of Dallas. Terracon has also provided asbestos abatement consulting services associated with interior renovation activities, including oversight, technical support, and preparation of formal closeout documentation as renovation phases are completed. These services support compliance with applicable asbestos regulations while minimizing disruption to ongoing convention center operations and construction activities. Phase I Environmental Site Assessment and Soil Management Services Terracon completed Phase I Environmental Site Assessment services to support improvements and broader redevelopment activities at the Kay Bailey Hutchison Convention Center. The assessment evaluated historical and current site conditions in areas beyond the existing building footprint associated with construction activities and identified residual fill material as a recognized environmental condition. The Phase I findings supported environmental risk evaluation and informed planning decisions by the City of Dallas Office of Environmental Quality and Sustainability. Based on these results, Terracon conducted additional environmental investigations and prepared a Soil Management Plan to guide the handling and management of on -site soils during construction activities at the truck ramp and the Communications Operations Event Yard. Implementation of soil management measures continues as construction progresses. These services provide the City of Dallas with a clear framework for managing environmental conditions during excavation and construction while supporting regulatory compliance and ongoing infrastructure improvements tied to convention center operations and future events. Am - . 0 ar City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 6 Texas Stadium CITY OF IRVING IRVING, TEXAS PROJECT SUMMARY TERRACON SERVICE DATES: 2008 - 2010 Terracon provided asbestos consulting services TERRACON FEE: $312,000 for the City of Irving at the Texas Stadium Complex located in Irving, Texas. The site consisted of a 78.501 acre tract that was developed with Texas Stadium, a 462,000-square foot recreational facility (football stadium) constructed in 1970 that served as home to the Dallas Cowboys for almost 40 years. The objective of the asbestos consulting services was to perform an asbestos survey of the facility to identify the presence and location of accessible friable and nonfriable asbestos containing materials (ACM) present on the interior and exterior of the structure and to provide air monitoring services and project oversight during asbestos abatement activities. Due to the size of and varied renovation history of the facility, a complex sampling plan was developed to ensure that a thorough asbestos survey was performed. The survey consisted of the collection of over 4,000 bulk samples throughout the stadium facility. Upon completion of the asbestos survey Terracon developed a site specific asbestos abatement specifications, aided the City in bid solicitation, evaluation and contractor interviews prior to contract award of the remediation. During the remediation activities Terracon provided project management consisting of weekly project meeting with the owner and contractors, on -site inspection/ air monitoring services, final air clearance testing and final project closeout documentation. Throughout the remediation activities Terracon interacted with the Texas Department of State Health Services (TDSHS) to develop alternative work practices and procedures to facilitate the abatement in a timely and cost-effective manner. Due to the unique construction of the stadium, some areas were subject only to the EPA National Emissions Standard for Hazardous Air Pollutants, while others were regulated by both state and federal asbestos regulations. Terracon conducted on -site meetings with regulators to clearly delineate these areas, thus ensuring regulatory compliance throughout the project. These meetings also facilitated Terracon's development of alternative work practices and procedures which consisted of containment construction modifications, in place demolition techniques, and packaging methods for the large bulk asbestos waste generated during certain phases of the abatement. err City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 7 3rd Floor ACM Flooring Survey KAUFMAN, TEXAS PROJECT SUMMARY Terracon was selected to provide asbestos surveying of the flooring throughout the 3rd Floor of the occupied hospital, preparation of the scope of work for asbestos abatement, coordination of schedules and work with hospital personnel, keeping the floor operational during abatement, air monitoring, and project oversight during abatement activities. Terracon mobilized a team of State TEXAS HEALTH RESOURCES Contact: Rusty Herron Title: Senior Development Manager, Facilities Development Email: rustyherron@texashealth.org Phone Number: (214) 208-1429 Address: 612 East Lamar Blvd., Arlington, TX 76011 of Texas licensed asbestos consultants and/ TERRACO SERVICE DATES: or inspectors to conduct the asbestos survey 2022 - 2024 activities as required by the Texas Asbestos Health Protection Rules (TAHPR) and the U.S. TERRACO FEE: $81,700 Environmental Protection Agency (USEPA) regulation 40 CFR Part 61, NESHAP. Samples were collected and submitted under chain -of -custody to Cates Laboratories, Inc., a National Voluntary Laboratory Accreditation Program (NVLAP) accredited and TDSHS licensed laboratory. Performing abatement on an occupied floor of the hospital required intense scheduling and coordination. Terracon was able to maximize the size of the work areas to reduce the schedule and, therefore, the overall disruption to the hospital operations. Due to Terracon's extensive experience working in hospitals, we understand the importance of completing the abatement activity without interrupting hospital staff, doctors, nurses, patients, and the public. Terracon has met with hospital administrators regarding potential noise issues and acceptable working hours and has attended meetings to educate hospital personnel. kr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 8 Section 3 Staff Qualifications and Certifications Key Personnel Terracon's extensive environmental expertise is reflected in our organizational structure, which promotes transparent partnerships and effective coordination with the City of Fort Worth. Our organizational chart illustrates the collaborative framework that enables us to deliver projects punctually and within budget, leveraging cost- effective capital solutions, innovation, and responsible resource management. FORT WORTH Program Manager Jack McCranie Environmental Technician Reese Klenke Resumes Project Manager Trey Klenke Subcontractors Authorized Project Reviewer Roger Beahm Environmental Technician DCG Environmental, LLC Pass Associates, Inc. Tony Sanders Please see the following pages describing Terracon's key professionals that will be assigned to the City of Fort Worth Convention Center Project, including their resumes, certifications, licenses, professional memberships, awards, and technical expertise. In addition, Terracon has seven additional licensed full-time asbestos personnel in DFW to assist on the project, if need be. or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 9 EDUCATION Bachelor of Science, University of North Texas PROFESSIONAL CREDENTIALS Asbestos Individual Consultant, No. 10-5675 Mold Assessment Consultant, No. MAC0488 AFFILIATIONS Council of Educational Facility Planners International (CEFPI) WORK HISTORY Terracon Consultants, Inc., Department Manager, 2005-Present Roger Beahm, Jr., REM,AIC, MAC DEPARTMENT MANAGER, ASBESTOS SERVICES Project Role: Principal -in -Charge PROFESSIONAL EXPERIENCE Mr. Roger Beahm, Jr., REM, AIC, MAC is a Department Manager in Terracon's Fort Worth, Texas office. Mr. Beahm is responsible for asbestos and indoor air quality consulting services. Since 1990, he has specialized in asbestos management, providing building inspections, project management, and air monitoring for asbestos abatement projects. He has developed detailed asbestos abatement specifications and prepared bid solicitations for numerous projects, ensuring compliance and successful execution. His expertise includes delivering comprehensive consulting services for complex environmental initiatives. In addition, Mr. Beahm is well -versed in working with the Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and local regulatory bodies to aid clients with regulatory compliance. Mr. Beahm has performed these services in major hospital facilities, industrial sites, numerous commercial facilities, and school districts. PROJECT EXPERIENCE IN TEXAS • City of Fort Worth, Asbestos Oversight Survey • City of Arlington, ACM Survey and Consulting Services • City of Bedford, Asbestos Survey National Abatement • City of Burleson, City Hall Asbestos Survey Services, Inc. President, • City of Dallas, ADA Compliance Upgrades, Asbestos 1998-2004, Vice President and LCP Survey 1996-1998 • City of Dallas, Asbestos Abatement Oversight • City of Dallas, Kay Bailey Hutchinson Convention Terramext, Field Center - Abatement Specifications and Bid Operations Evaluation Foreman, 1990-1996 City of Dallas, Kay Bailey Hutchinson Convention Center, Pre -Demolition Survey • City of Dallas, The Women's Museum at Fair Park - Asbestos and Lead Paint Survey • City of Crowley, ACM Oversight • City of Irving, Texas Stadium • City of Southlake, Asbestos Oversight • MHMR Tarrant County, ACM Limited Survey or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 10 EDUCATION Bachelor of Science, Environmental/Earth, University of Texas at Arlington PROFESSIONAL CREDENTIALS Asbestos Individual Consultant, No. 10-5937 Mold Assessment Consultant, No. MAC 1854 Asbestos Project Manager, No. 50-1901 Asbestos Air Monitoring Technician, No. 70-7068 Asbestos Inspector, No. 60-3940 NRPP-Certified Radon Measurement Professional, No. 113775 NIOSH 582/NESHAP EPA -Accredited Asbestos Management Planner EPA -Accredited Asbestos Project Designer Richard Klenke III, AIC, MAC, APM PROJECT MANAGER Project Role: Project Manager PROFESSIONAL EXPERIENCE Mr. Richard Klenke III, AIC, MAC, APM, is a Project Manager at Terracon's Fort Worth, Texas office. He leads environmental projects from kickoff through closeout, coordinating with clients and technical teams. He maintains multiple licenses in asbestos, mold, and radon consulting, including Asbestos Individual Consultant, Mold Assessment Consultant, and NRPP-Certified Radon Measurement Professional. Since 2016, Mr. Klenke has specialized in asbestos, mold, and radon mitigation. His work includes surveys, abatement oversight, air monitoring, and Phase I Environmental Site Assessments across commercial, residential, and educational properties. His training includes NIOSH 582/National Emissions Standards for Hazardous Air Pollutants (NESHAP) and EPA -accredited credentials for asbestos management planning and project design. He has led environmental efforts for projects such as the Kay Bailey Hutchison Convention Center, Pegasus Park, and multiple apartment complexes in Texas. PROJECT EXPERIENCE IN TEXAS • City of Fort Worth, Convention Center Asbestos Assessment - Fort Worth, TX • City of Fort Worth, Commerce Street Parking Garage • City of Dallas, KBHCC Arena Asbestos Abatement Specification and Bid Evaluation • City of Dallas, Former Dallas Morning News Building Asbestos Assessment • City of Grapevine, City Hall Lobby WORK HISTORY City of Mineral Wells, USO Building Terracon Consultants, Inc., Project Manager, City of Dallas, Kay Bailey Hutchins Convention Center 2024-Present Asbestos survey and Hazardous Building Materials TxE Consultin , LLC, Inventory. Mr. Klenke collected and inventoried Owner 2020-2-024 asbestos samples and HBMI of the building. Mr. Klenke developed close-out reports and drawings. Independent Environmental Consultant, 2016-2019 ar City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 11 EDUCATION Master of Science, Environmental Science and Engineering, University of Texas at Arlington Bachelor of Arts, Environmental Chemistry, University of California at San Diego PROFESSIONAL CREDENTIALS Professional Geoscientists: Texas, No. 11204 Lead Risk Assessor, No 2070549 Asbestos Inspector, No 601747 40-Hour HAZWOPER WORK HISTORY Terracon, Sr. Principal/ Environmental Department Manager and Senior Project Manager, 2005-Present Mactec Engineering and Environmental, Inc., Project Manager, 1997-2005 Jack McCranie, PG, LRA DFW METRO ENVIRONMENTAL MANAGER Project Role: Program Manager PROFESSIONAL EXPERIENCE Mr. Jack McCranie, PG, LRA, is a Senior Principal and DFW Metro Environmental Manager in Terracon's Fort Worth, Texas office. There he manages environmental services in the region, including site assessments, subsurface investigations, remedial services, asbestos services, lead -based paint services, among others. He has worked in the environmental field since 1997, bringing extensive experience and expertise to every project. Mr. McCranie s a licensed asbestos inspector and has managed Brownfields Grants since 2006. He also has experience with chlorinated solvents, petroleum hydrocarbons, and metals at a variety of facilities including industrial and commercial facilities. Mr. McCranie has been involved in the evaluation of hundreds of petroleum hydrocarbon and chlorinated solvent releases, which included the installation of monitor wells, delineation of soil and groundwater contamination, sensitive receptor surveys, groundwater characterization, and risk -based assessment evaluations. Mr. McCranie has been involved in the investigation, oversight and closure of numerous Voluntary Cleanup Programs and leaking petroleum storage tank sites and has managed several EPA Brownfields Assessment Grants for cities, including the City of Fort Worth. PROJECT EXPERIENCE IN TEXAS Brownfields Development - Fort Worth, Arlington, Greenville, Lewisville, and Garland As Brownfields Coordinator and Project Manager, Mr. McCranie assists in managing EPA Hazardous and Petroleum Substances Grants and/or grant writing efforts. Mr. McCranie has managed more than $2,000,000 in assessment and cleanup grant funds for the cities, which have included Phase I and Phase II Environmental Site Assessments, site closure activities, asbestos surveys, lead -based surveys and interaction with EPA and the TCEQ. or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 12 Nathaniel "Reese" Klenke PROJECT ROLE: Environmental PROFESSIONAL CREDENTIALS: Technician Asbestos Air Monitor and Technician, Asbestos Project Manager, Asbestos EDUCATION: Rio Vista High School Inspector, NIOSH 454 Certification, WORK HISTORY: Terracon Consultants, Asbestos Contractor/Supervisor Inc., 2023 - Present PROFESSIONAL EXPERIENCE: Mr. Klenke is an Air Technician in Terracon's Fort Worth, Texas office. He has worked in the environmental field since 2020 and conducts inspections across multiple construction phases. His responsibilities include providing on -site oversight during abatement and removal operations and coordinating field activities to support compliance and safety requirements. PROJECT EXPERIENCE IN TEXAS: • City of Dallas, City Hall Asbestos • City of Arlington, ACM Survey Oversight • City of Arlington, Expo Center Roof • City of Dallas, KBHCC Arena Structural Replacement, Asbestos Survey Forensics (Asbestos) • City of Burleson, Office Suite Pre- • City of Fort Worth, Asbestos Oversight Demo Survey Tony Sanders PROJECT ROLE: Environmental PROFESSIONAL CREDENTIALS: Technician Asbestos Inspector, Asbestos Project Manager, Asbestos Air EDUCATION: Sunset High School Monitoring Technician, United States Environmental Protection Agency, WORK HISTORY: Terracon Consultants, NIOSH 582 Certification Inc., 2015 - Present PROFESSIONAL EXPERIENCE: Mr. Sanders is an Environmental Asbestos Project Manager at Terracon's Fort Worth, Texas, office. He has extensive experience providing project management and on -site oversight for asbestos abatement projects. He is a trained and certified technician responsible for overseeing remedial actions involving partial or complete removal of suspect ACM. His work is performed in accordance with state and federal regulatory requirements. PROJECT EXPERIENCE IN TEXAS: • City of Dallas, Asbestos Abatement • City of Grapevine, Fire Station No. 1 and Microbial Remediation Oversight ACM and LBP Survey • City of Dallas, Pre -Demolition • City of Irving, ACM Survey Asbestos Survey • Tarrant County College District, • Equinix Construction Site Limited Asbestos Sampling or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 13 Certifications The certificates and licenses listed below are provided as images in the Euna upload section. Certification Agency Number Expiration Terracon Texas Comptroller of Public 14212499173 NA Business Verification Accounts Terracon Office of the Secretary of 800289826 NA Certificate of Fact State Terracon Asbestos Consultant Texas Department of State Health Services 100157 11/30/26 Agency Terracon Asbestos Laboratory/ Texas Department of State Health Services 300381 04/22/26 PCM Dallas Terracon Asbestos Laboratory/ Texas Department of State Health Services 300415 05/21 /26 PCM Fort Worth Terracon Texas Department of Mold Analysis Licensing and Regulation LAB1010 02/15/26 Laboratory Terracon Mold Assessment Texas Department of Licensing and Regulation AC00117 03/14/26 Company Terracon Texas Department of State 2110106 03/20/26 Lead Firm Health Services Beahm, Roger Texas Department of State Asbestos Individual Health Services 105675 06/04/26 Consultant Beahm, Roger Texas Department Mold Assessment Licensing and Regulation MAC0488 03/19/26 Consultant Klenke, Trey Texas Department of State 26005 01 /08/27 Asbestos Inspector Health Services Klenke, Trey Department of Licensing Mold Assessment and Regulation MAC1854 04/14/26 Consultant wr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 14 Certification Agency Number Expiration Texas Department of State McCranie, Jack 601747 02/21/27 Asbestos Inspector Health Services McCranie, Jack Texas Department of State 2070549 09/04/27 Lead Risk Assessor Health Services McCranie, Jack Texas Department of State 23034 9438 08/11 /26 Lead Inspector Health Services McCranie, Jack Board of Professional 11204 NA Professional Geologist Geoscientists Klenke, Reese Texas Department of State Asbestos Inspector Health Services 604183 05/30/26 Klenke, Reese Texas Department of State Asbestos Project Health Services 501941 10/04/27 Manager Klenke, Reese Texas Department of State Asbestos Air Health Services 707111 11111127 Monitoring Technician Tony Sanders Texas Department of State 603491 03/4/28 Asbestos Inspector Health Services Tony Sanders Texas Department of State Asbestos Project Health Services 501718 03/13/28 Manager Tony Sanders Texas Department of State Air Monitoring Health Services 706868 03/13/28 Technician AN - . 0 wr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 15 Section 4 Project Approach, Timeline, and Methodology Technical Approach A description of the Proposer's planned methodology and timeline for providing asbestos consulting and third -party monitoring services at the Fort Worth Convention Center, including: i. Approach to pre -abatement assessments and coordination with the abatement contractor. Terracon will review all pre -abatement documentation provided by the City of Fort Worth, AECOM, and the abatement contractor. Terracon will coordinate with the abatement contractor prior to abatement to ensure everyone is aware of the scope of work, safety precautions, timeline goals, and Brownfields requirements, including the Davis -Bacon Act and the Quality Assurance Project Plan (QAPP) requirements. ii. Planned air monitoring strategy (baseline, daily, clearance), sampling locations, and frequency. Terracon will collect air samples daily. Baseline Air samples will be collected prior to containment preparation, and during containment preparation. In addition, daily air samples are collected during abatement, and after removal is complete (clearance). Sampling locations and quantities will be determined by the consultant based on the containment design specific to the work area and number of containments. For a typical containment, Terracon will monitor the inside of the containment, outside the containment, at the three -stage decontamination entrance, and at the High -Efficiency Particulate Air (HEPA) exhaust location. iii. Procedures for documentation, daily reporting, and final project reporting. Terracon will complete a daily log encompassing tasks performed for that day. This log will be completed by each air monitoring technician/project manager daily. This log will contain observations made, which include abatement progress, containment pressure, proper personal protective equipment (PPE) worn, visitors to the job site, changes in abatement procedures, any deviations from the QAPP, and any potential violation concerns with the Texas Asbestos Health Protection Rules (TAHPR), Occupational Safety and Health Administration (OSHA), and the EPA. These daily logs will be on electronic excel spreadsheets and will be included in the final closeout report that will summarize the work that was completed in accordance with the asbestos scope of work QAPP specifications, and Davis -Bacon Act. err City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 16 iv. Procedures for responding to non -compliant or unsafe conditions and coordinating with the City. All non -compliant or unsafe conditions will be immediately brought to the attention of the abatement contractor, the City of Fort Worth, and other responsible parties. Terracon will adhere to TAHPR, OSHA, and EPA regulations. Terracon will also follow internal Terracon's internal Safe Right Procedures for asbestos abatement air monitoring and oversight. This includes awareness and training on asbestos health hazards, medical surveillance on all Terracon employees who are on the project, proper supply and use of PPE required for asbestos activities, and training on common physical hazards, i.e. ladders, confined spaces, and electrical. Terracon's Safety Program is discussed in more detail in this section. Project Methodology Key Components of our approach include: Project Kickoff and Coordination We will initiate the project with a kickoff meeting to confirm the scope, schedule, team roles, and communication protocols. This includes coordination with City staff and other stakeholders identified by the City. Work Plan Development A detailed work plan outlining tasks, timelines, deliverables, and review milestones will be finalized at kickoff and updated as needed throughout the project lifecycle. Task Management and Quality Control Tasks will be led by qualified team members under the oversight of senior subject matter experts. Terracon's internal QA/QC protocols, including review by our trained Approved Project Reviewers (APRs), ensure that all deliverables meet professional standards and City expectations. Plan Development and Review Drafts of the related deliverables will be submitted for the City to review at key milestones. Feedback will be incorporated collaboratively to ensure alignment with City's goals and regulatory requirements. Communication and Reporting Terracon will provide regular progress updates, including monthly status reports and milestone summaries. We will maintain open and responsive communication with the City staff throughout the duration of the project. ■■■■ ■■■■ kr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 17 Quality Assurance and Authorized Project Reviewer We are committed to providing quality services with experienced technical and professional staff through our comprehensive Corporate Quality Program. As required by our internal quality review process, every project is assigned a well -experienced, senior professional to provide guidance and technical review for the project team. In this manner, we can deliver consistent, high -quality consulting services to the City of Fort Worth Convention Center. Quality service for our clients is achieved by following the methods developed at Terracon for the services being provided. Terracon maintains a living, written internal Quality Control/Quality Assurance (QC/QA) program to assure all of Terracon's reports and documents are complete, technically accurate, regulatory compliant, and defendable. Terracon's rigorously selected reviewers, termed Authorize Project Reviewers (APRs), provide the foundation for our quality review process. Our philosophy behind quality review is founded on the premise that our projects and associated deliverables are always provided the direction and oversight of our experienced senior technical professionals. Terracon uses a two-step review process to produce reports and designs. The work product is always reviewed by an APR prior to finalizing. Terracon believes that all project documents rendering professional opinions or recommendations provided to clients should not rely solely on the judgment of one individual practitioner. A secondary review of a practitioner's work improves the overall quality of the opinion or recommendation. Therefore, Terracon project documents rendering professional opinions, conclusions, or recommendations must be reviewed and signed by an APR prior to submittal to the client. Terracon is committed to providing quality services to our clients and assigning qualified and dedicated staff to every project. This commitment is a key component of Terracon's "Delivering Success to Clients and Employees" mission statement. Commitment to quality begins with our company President and CEO Gayle Packer and extends to every member of Terracon's staff. • Review • Collaborate with PM (= adequacy of • Assist PM on e sco regulatory x p� = o decision -making compliance and • Mentor PM on appropriateness rationale of cost for decisions S�,//•Review deliverables o • Ensure PM consults with client • Confirm adherence to standards & regulatory requirements it City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 18 Timeline Our timeline for this project will depend on the Abatement Contractors Schedule, but we will supply the resources to ensure Terracon is assisting the contractor to stay on scheduled completion and will report potential delays to the City and work to find solutions to minimize those delays. Terracon understands the current asbestos abate- ment schedule to start in June 1, 2026 and be completed in January 7, 2027. Safety Safety is one of Terracon's core values, and our commitment to an Incident and Injury-FreeTM (IIFTM) philosophy is one of the pillars of our culture. Successful execution and delivery include the need to work safely and keep our employees and the public safe. Terracon has built health and safety into all aspects of our business and into the thinking of our employees. The culture is continued further in our everyday work culture, with all meetings beginning with an ]IF moment and safety 9 rerracon . discussion. IIF is about care and concern for people. It is our personal and organizational commitment at all levels of the company to everyone going home safe to their family every day. It is about developing a mindset intolerant of any incidents or injuries no matter how minor or infrequent. Our Rules to Live By I I F is about Our Rules to Live By which are at the foundation of Terracon's I I F culture. These rules give employees clear, specific ways to stay safe on the job, covering essential aspects of safety including personal protective equipment (PPE), equipment, working at heights and depths, motorized vehicle safety, and reporting of injuries. We regularly follow and discuss Our Rules to Live By in our offices and on job sites to ensure everyone is following these fundamental rules. Our focus on pre -task planning also serves to reinforce this message every day. err City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 19 Section 5 Capacity, Responsiveness, and Service Availability Capacity Terracon provides environmental 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. As previously discussed, Terracon has 11 full-time licensed asbestos personnel in the DFW Metroplex, and with 28 offices in Texas, Terracon has the capacity to pull additional personnel as needed for the Fort Worth Convention Center Project. Lubbock ON A AI El Paso Midland ON Midland -Sport The Colony Fort Worth rr01 DFW Metro ■1 Tyler ri �UIKIiI ON Waco M� ongvlew Round Rock College Station Transtec Austin"" Austin-FAC � rr Conroe ON Antonio , ,,, Houston w, ' Beaumont Houston Seguin N. Loop � O� League City Victoria ON Freeport Texas Terracon �r Office Locations 1 Laredo ON Corpus Christi Pharr all AN - . M kr City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 20 Responsiveness Terracon's approach to project management is rooted in purposeful, client -focused interactions that span every phase of a project. What sets Terracon apart is its commitment to clear communication, tailored execution, and proactive follow-up, all designed to align with client goals. anding Proposal Kickoff Execution Folio, + Updates Understanding We start by thoroughly understanding your project -specific goals, budget, and time constraints, and how they relate to any adjacent projects or initiatives. We adapt our approach to fit the situation by ensuring we understand the details (depth) of the tasks you need from us and how they connect to the bigger picture (breadth). Sometimes this is as simple as quickly and efficiently performing routine tasks via a streamlined process - quick, easy, and economical. Proposal Terracon outlines the details of what we will perform and what information we need from you. We provide reliable timelines and dependable budget estimates. Kickoff We simplify the process and minimize confusion by jointly coordinating the project kickoff. This essential communication step sets the project and team up for success. During this phase, we reaffirm the schedule, resolve any questions, address changes or updates that may have arisen, and ensure that work can proceed smoothly. The kickoff meetings are conducted in person with the City of Fort Worth at the project site, allowing us to address challenges firsthand. Collaboratively, we identify critical junctures and establish performance and communication expectations for these key points. err City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 21 Execution + Updates Our solid foundation of thorough understanding, a detailed proposal documenting our discussions, and a kickoff meeting ensure seamless execution of the required tasks. We keep you updated on the progress in the manner and frequency that suits you best. You will not have to wonder about the status of the work or its completion. Our focus on communication ensures that you are informed throughout the process. Project managers are responsible for the overall quality of their projects. They collaborate with our APRs throughout the phases, with particular emphasis on critical junctures. Terracon's robust system ensures that only certified field staff are dispatched to your job site for testing needs. When we receive a call from a contractor or client, the system automatically assigns certified personnel for the task. The inspector receives a calendar invite with all the necessary information to perform the task. Follow Up Terracon prioritizes reaching out to the City of Fort Worth staff with a simple question: "How are we doing, and can we improve our services for you?" This proactive approach, along with our follow-up during project closeout, ensures there are no lingering questions or additional needs. Our goal is to support your success and ensure smooth project progression. By prioritizing your interests, we strengthen our relationship, enabling the City of Fort Worth to leverage Terracon's extensive resources effectively. Am - . M ar City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 22 Service Availability Terracon has delivered quality environmental services on more than 560 projects for local municipal clients around the DFW Metro in the last five years. The list below showcases the municipal clients that our firm has had previous and/or current contracts with in the DFW Metro. • City of Fort Worth • City of Garland • City of Southlake • City of Alvin • City of Grandview • City of Waxahachie • City of Arlington • City of Grapevine • City of Winnsboro • City of Aubrey • City of Lewisville • Denton County • City of Bedford • City of Mansfield • Tarrant County • City of Crowley • City of Mesquite • Tarrant County • City of Dallas • City of Mineral Wells Transportation • City of Ennis • City of N. Richland Hills Department • City of Farmers Branch • City of Rowlett • Town of Highland Park Boyd nartonvnie village Aurora Double Oak RhOm�e S Lewi5Vill Flower Mound Fairview ' Newark Roanoke r...... _ {, roph Club arrar 'C _ Pecan Aues M Fiaslet - COppell Reno y� ler Southlake Grapeuine �R Eagle Mountain v' Sanctuary Pelican Bay RZIe D N'ar�h :-'i r.�.. 1 Colleyville br auga Saginaw Bedford North Richland Hills ©Fortrt Me. 1_.i&. Hurst Lake Worth al[Ont City sansm Pa ork River (*s White settlement �- i° 1n°'y Villow Park i"O prth Gran Arlington { ��woou ,. M Pantego rta ..re, u.c l.sn`nr c.nes Aledo I'Ouil, brook } � Ip— v Edgeclitt estr ` village Q nedal. \- Suecti; 1 k - Rendon Crow Terracon delivers quality environmental services to Fort Worth and the surrounding municipalities. or City of Fort Worth I Third -Party Monitoring and Consulting Services FWCC (26-0060) 23 rerracon Nationwide Terracon.com ■ Facilities ■ Environmental ■ Geotechnical ■ Materials 8901 John W. Carpenter Fwy. 1801 Handley Ederville Road 5908 Stone Creek Drive Suite 100 Fort Worth, Texas 76118 Suite 120 Dallas, Texas 75247 P (817) 268-8600 The Colony, Texas 75056 P (214) 630-1010 P (469) 347-6000 M&C Review Page 1 of 3 A CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH REFERENCE **M&C 26- 22RFP 26-0060 ENV DATE: 4/28/2026 NO.: 0340 LOG NAME: ASBESTOS THIRD -PARTY MONITORING AND CONSULT[ CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Execution of Agreement with Terracon Consultants, Inc. in an Amount Up to $260,197.00 for Environmental Asbestos Third -Party Monitoring and Consulting Services for the Fort Worth Convention Center Phase II Arena Renovation Project RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Terracon Consultants, Inc., for environmental asbestos third -party monitoring and consulting services in an amount up to $260,197.00 for the Fort Worth Convention Center Phase II Arena Renovation project. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to request authorization to execute an agreement for third -party environmental consulting and asbestos monitoring services to support the Fort Worth Convention Center (FWCC) Phase II Arena Renovation project (City Project No. 105504) (the "Project"). The services to be provided include regulatory compliance monitoring, air monitoring, clearance sampling, inspections, and project documentation in accordance with applicable federal and state requirements. These services ensure safe abatement practices and compliance throughout the Project. The Environmental Services Department, through its purchasing staff, issued Request for Proposal (RFP) 26-0060, which included detailed specifications describing the responsibilities and qualifications required to provide third -party asbestos air monitoring and consulting services. The City advertised the RFP in the Fort Worth Star -Telegram on February 9, 2026; February 11, 2026; February 18, 2026; February 25, 2026; March 4, 2026; and March 11, 2026. The City received nine (9) submissions. An evaluation panel composed of staff from Environmental Services, Code Compliance, Property Management, and the Public Events Departments reviewed and scored the proposals using best value criteria. The individual scores were averaged for each criteria, and the final scores are summarized in the table below: Evaluation Criteria Supplier a b c d e Total Rank Terracon Consultants, Inc. 23.75 22.5 18.5 8.75 9.648 83.15 10 UES Professional Solutions 64, LLC 21.88 22.5 17 8.75 8.416 78.54 F2 EcoSystems Environmental, Inc. JF21.88 16 8.25 10.91 78.29 03 ERC Environmental & Construction Services Inc 18.13 13 6.75 20 76.00 ECS Southwest, LLP 21.88 20.63 17 7.5 8.044 75.04 55 EFI Global I F2_0 19.38 16 07 9.737 72.11 Aspen Integrity LLC 19.38 15.5 ®10.87 71.87 = Precision Environmental Services I 16.25 16.25 13.5 7.75 F14.37 68.12 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34383&councildate=4/28/2026 4/28/2026 M&C Review Page 2 of 3 DTECH Services Inc The RFP outlined the following evaluation factors: 16.25116.881 14 lgT519.582163.461 9 1 a. Firm Experience and Past Performance — up to 25 points b. Staff Qualifications and Certifications — up to 25 points c. Project Approach, Timeline, and Methodology — up to 20 points d. Capacity, Responsiveness and Service Availability — up to 10 points e. Price and Cost Proposal — up to 20 points After completing the evaluation process, the panel determined that Terracon Consultants, Inc. offered the best value to the City. As a result, the panel recommends that the City Council authorize the execution of an agreement with Terracon Consultants, Inc. No guarantee was made that a specific quantity of services would be purchased. FUNDING: The total value of this an agreement is an amount up to $260,197.00. However, the actual amount spent will depend on project phasing, scheduling, and monitoring requirements associated with the Project. Project Funding is budgeted in the Grants Operating Federal Fund for the Brownfields Cleanup Grant project. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, the agreement shall begin upon execution and expire one (1) year from that date. SMALL BUSINESS PROGRAM: This Chapter does not apply. Per the Small Business ordinance 27832-08-2025, section 21- 7 Exceptions, (e.) Agreements in which, due to the use of state or federal funding, the state or federal government establishes participation requirements related to the types of businesses performing work under the agreement. The Fort Worth Convention Center is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund for the Brownfields Cleanup Grant project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Environmental Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project 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 City Manager's Office by: Originating Department Head: Additional Information Contact: Valerie Washington (6199) Cody Whittenburg (5455) Sarah Czechowicz (5164) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34383&councildate=4/28/2026 4/28/2026 M&C Review Page 3 of 3 ATTACHMENTS 1-10. RFP-07 1295 Terracon.pdf (CFW Internal) Entitylnformation 20260324-123542.pdf (CFW Internal) Funds Availability.xlsx (CFW Internal) FWCC Project 3rd Party Monitoring 1 fid table.xlsx (CFW Internal) SoS Terracon Consultants, Inc..pnq (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=34383&councildate=4/28/2026 4/28/2026 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1428709 Terracon Consultants, Inc. Dallas, TX United States Date Filed: 03/04/2026 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 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. 26-0060 Environmental Asbestos Third -Party Monitoring and Consulting Services (FWCC) Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Packer, Gayle Olathe, KS United States X Catlin, Matt St Louis, MO United States X Grover, Tracy Phoenix, AZ United States X Harwood, David Olathe, KS United States X Kephart, Jason Olathe, KS United States X Pavlicek, Robert San Antonio, TX United States X Roberts, Jeffrey Houston, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Cheryl Pedraza and my date of birth is Myaddressis John W Carpenter Fwy, Ste 100 Dallas TX 75247 US (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 the4th day of March 2026 (month) (year) Signature of authorized agenl of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.b6ef2aab VERIFICATION OF SIGNATURE AUTHORITY 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: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: Date: Vendor Services Agreement Page 18 of 18 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Terracon Consultants, Inc Subject of the Agreement: Environmental Asbestos Third -Party Monitoring and Consulting Services M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Date both parties sign If different from the approval date. Expiration Date: one year after signatures If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.