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HomeMy WebLinkAbout065824 - General - Contract - Black & Veatch CorpoartionCSC No. 65824 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and BLACK & VEATCH CORPORATION, authorized to do business in Texas ("Consultant"), for a project generally described as: BENCHMARKING OF LABORATORY SERVICES ("Project") — Project No. NA. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $15,000 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 1 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Benchmarking of Laboratory Services the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRA TION OF THIS A GREEMENT. City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30 -days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Small Business Enterprises This Article is reserved.. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or,, City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Jesica McEachearn Asst City Manager, City Manager's Office 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Black & Veatch Corporation Attn: Ann Bui 5420 LBJ Freeway, Suite 400 Dallas, TX 75240 BuiA@bv.com All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A- Scope of Services Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachearn Assistant City Manager Date: 09/17/206 444411pn FORTIla oF00000 00 �°a ATTEST: Ic7 oo=o op � oe ..��! darn nFo bo4o Jannette Goodall City Secretary APPROVAL RECOMMENDED: Chi'- stoi'hei ttaj-feY By: Christopher H der (Sep 15, 2026 16:21:10 CDT) Christopher Harder Director, Water Department City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 8 of 9 BY: CONSULTANT Black & Veatch Corporation at t CI (�✓ jmf 9.14.26 Ann Riiii PM(R.Jha) 9/14/2026 Senior Managing Director Date: September 14, 2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Benchmarking of Laboratory Services APPROVED AS TO FORM AND LEGALITY Form 1295 No. NA By:__Douglas Black (Sep 15, 2026 20:27:20 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C No.: NA M&C Date: NA 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. Rickey Lewis Management Analyst II City of Fort Worth, Texas Benchmarking of Laboratory Services Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 9 of 9 Attachment A -Scope of Services aBLACK&VEATCH PROPRIETARY & CONFIDENTIAL September I, 2026 Fort Worth Water, Rickey Lewis, MBA, MPA 2600 SE Loop 820 Fort Worth, TX 76140 Black & Veatch Corporation 5420 LBJ Freeway, Suite 400, Dallas, TX 75240 P +1 949-302-6017 1 E BuiA@bv.com Subject: Response to Request for Laboratory Fee Benchmarking Study Dear Rickey: In response to Fort Worth Water's (City) request for a scope of work and fee to update Black & Veatch's 2023 Laboratory Benchmarking Study, (2023 Study), Black & Veatch Corporation (Black & Veatch) presents this proposal for your consideration. We understand that there are over one hundred different types of laboratory tests for water and wastewater offered by Fort Worth Water. These tests include chemical, metal, microbiological, organic, PFAS and sample collection and pick-up. The requested work will be conducted by the same team that supported the City on the 2016 and 2023 Laboratory Fee Benchmarking Study. The proposed team consists of Ms. Rupa Jha as the Project Manager and Ms. Ann Bui, as the Project Director. Project Approach The following describes the methodology that Black & Veatch will use to complete the project scope. Task I: Project Management and Meetings This task will include a 30 -minute virtual project initiation meeting with Fort Worth Water staff to confirm the goals and objectives, nature of deliverables and the schedule for the Laboratory Fees Benchmarking study. Black & Veatch will develop a survey template to confirm the list of tests to be included in the benchmarking study. This meeting will be held using Microsoft Teams (virtual meeting). Black & Veatch will provide bi-weekly updates to the City on the progress of the work, including difficulties encountered with survey requests. We propose providing these updates to the City using Microsoft Teams (virtual meetings). Task I Deliverables ■ Excel Survey Template for the tests to be benchmarked Task 2: Perform Survey Black & Veatch will prepare a preliminary list of participants to be surveyed and provide that list to the City for review and approval. The initial list will consist of a combination of no more than twelve (12) utilities and commercial laboratories in Texas. If some survey participants requested from the initial list decline to answer the survey, Black & Veatch will work with the City to identify suitable additional utilities or commercial laboratories for the survey, such that information from a minimum of ten (10), but no more than fifteen (IS) is received. Task 2 Deliverables ■ Preliminary List of the Survey participants Building a World of Difference.` Subject: Response to Request for Laboratory Fee Benchmarking Study I Page 2 ■ Additional Survey participants as needed Task 3: Benchmarking Black & Veatch will present a summary of the information provided by the survey participants in a tabular format. This will include a list of participants and the prices for each of the laboratory tests conducted by the participants. It will also include a copy of the final survey template. Black & Veatch will provide the City with an Excel Benchmarking File summarizing the results of the survey. Task 3 Deliverables ■ Excel Benchmarking File Basis of Proposal Our proposal is based upon the following: ■ Access to Fort Worth Water staff for follow ups/ clarifications ■ Timely receipt of data within 2 weeks for initial survey request and within 2 weeks for additional survey requests ■ 4 Virtual meetings each lasting approximately 30 minutes Schedule Black & Veatch proposes to perform the scope of work outlined in this proposal according to the following milestones. The proposed milestone dates for the Laboratory Fee Benchmarking Study will depend on the receipt of data and can be modified based on the City's wishes. Project Initiation Meeting Complete initial survey 9/15/2026 10/16/2026 Complete final survey and Excel Benchmarking File I I / 16/2026 Additional schedule milestones for additional items can be developed when requested and mutually agreed upon between City of Fort Worth and Black & Veatch. Proposed Fee Based on the scope of services outlined herein, Black & Veatch proposes an estimated not -to -exceed fee of $15,000, billable on a fixed fee basis, including all personnel and other costs. Invoice will be submitted at the completion of the benchmarking survey and delivery of excel file. Payment terms are net 30 days. Additional services, over and beyond those identified above, will be provided on a time and materials basis using the rates provided below. Expenses associated with any additional services would be billed at out-of-pocket costs. Building a World of Difference.' Subject: Response to Request for Laboratory Fee Benchmarking Study I Page 3 Administrative 120 Manager 295 Analyst 225 Senior Consulting Manager 335 Senior Analyst 245 Technical Expert/ Consulting Director 365 Consultant 275 Senior Managing Director 400 *These rates are valid through December 31, 2026. After that, rates are subject to an annual increase of between 3-5% Black & Veatch's proposal has not accounted for cost and schedule impacts related to COVID-19 or the military actions occurring in Ukraine and Eastern Europe. Black & Veatch will need to adjust our project execution plan (cost and schedule) to account for unexpected disruptions, suspensions, and impacts on the work caused by these ongoing uncertainties. For clarity, impacts resulting from a COVID-19 event or the Ukraine War will need to be jointly mitigated and negotiated as they arise. Terms & Conditions Black & Veatch proposes to perform the scope of work outlined in this proposal under the terms and conditions of the General Professional Services Agreement between the City of Fort Worth and Black & Veatch Corporation dated September 4, 2026. Black & Veatch's proposal is valid for 45 days from the submittal date. Black & Veatch appreciates the opportunity to prepare this proposal, and we look forward to working together with you on this important project. If you have any questions or require any additional information, please contact me (Tel: +1949-302-6017) or email: BuiACa)bv.com. Very truly yours, Ann T. Bui Senior Managing Director Building a World of Difference.' FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Black & Veatch Corporation Subject of the Agreement: Benchmarking study of laboratory services fees M&C Approved by the Council? * Yes ❑ No II 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 back page 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: 9/14/2026 If different from the approval date. Expiration Date: 9/14/2027 If applicable. Is a 1295 Form required? * Yes ❑ 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 O Contracts need to be routed for CSO processing in the following order: 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. 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