HomeMy WebLinkAboutContract 49327 89 ro r
rya � j 9 CITY SEC
RECEIVED CONTRACT NO.
a JUL , I ��� CITY OF FORT WORTH, TEXAS
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CITY SECR M ti STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
g L 9 is AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
"CITY"), and Compliance Partners, Inc. ("Consultant") authorized to do business in
Texas, for a PROJECT generally described as: Air Permit Management Services for the
Village Creek Water Reclamation Facility.
Article I
Scope of Services
(1) Consultant hereby agrees to perform the professional services set forth in the
Scope of Services attached hereto as Attachment "A". These services shall be
performed in connection with: Air Permit Management Services for the Village
Creek Water Reclamation Facility.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $44,400.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
connection with the services for which payment is made, including any act or omission of
the City in connection with such services.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:12.22.2016 OFFICIAL RECORD
Page 1 of 9
CITY SECRETARY
FT.WORTH,TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of
eighteen (18) months, beginning upon the Effective Date, or until the expiration of the funds
or completion of the subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the 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 and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated by
the local, state and national boards, bureaus and agencies. Approval by the City
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 services performed hereunder.
(2) The CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND
EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,
ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY
CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-
PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE
ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT,
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:12.22.2016
Page 2 of 9
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant allow any subcontractor to commence work on its subcontract until
all similar insurance of the subcontractor has been so obtained and approval given
by the City; provided, however, Consultant may elect to add any subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the City of Fort Worth Water
Department, Attention: Jerry Pressley, REM, 4500 Wilma Lane, Arlington, Texas
76012, and attached to this Agreement prior to its execution.
c. Any failure on part of the City to attach the required insurance documentation
hereto shall not constitute a waiver of the insurance requirements specified
herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date: 12.22.2016
Page 3 of 9
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence which
could give rise to a liability claim or lawsuit or which could result in a property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer
any interest in this Agreement without prior written consent of the City.
Article VIII
Termination of Contract
(1) (a) City may terminate this Agreement for its convenience on 30 days' written
notice.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:12.22.2016
Page 4 of 9
(b) Either the City or the Consultant for cause may terminate this Agreement if
either Party fails substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such nonperformance within
5 days of written notice or thereafter fails to diligently complete the correction.
(2) If City chooses to terminate this Agreement, upon receipt of notice of termination,
Consultant shall discontinue services rendered up to the date of such termination
and City shall compensate Consultant based upon calculations in Article II of this
Agreement and Exhibit "B" attached hereto and incorporated herein.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall be
or become the property of the City, and shall be furnished to the City prior to or at
the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal 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 subcontracting consultant agrees that the 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 sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant 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 sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The 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.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:12.22.2016
Page 5 of 9
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises and/or
small business enterprises in City contracts. Consultant acknowledges the MBE and SBE
goals established for this Agreement and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Consultant may result in the termination of this
Agreement and debarment from participating in City contracts for a period of time of not less
than three (3) years.
Article XI
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 this
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.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this 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 XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date:12.22.2016
Page 6of9
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded 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: Water Department
Jerry Pressley
4500 Wilma Lane
Arlington, Texas 76012
Consultant:
Compliance Partners, Inc.
Attn: J.C. Wyatt, President
402 East Avenue G
Midlothian, Texas 76065
Article XVI
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 this Agreement
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date: 12.22.2016
Page 7 of 9
Article XVII
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 this AGREEMENT:
Attachment A - Scope of Services
Attachment B—Compensation
Duly executed by each party's designated representative to be effective on the date
subscribed by the City's designated Assistant City Manager.
BY: BY:
CITY_ OF FORT WORTH ENGINEER
Compliance Partners, Inc.
I
oesus J. Chapa C. Wya
Assistant City Manager - President
Date: Date: ~�- �/� 201 -7
APPROVAL RE -OMMENDED:
By:
K _Y,uror--
Inte ' _ Director, Water Department
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
requiremen
Jer Pres ley
Acting Assistant Water Director
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date: 12.22.2016
Page 8 of 9
APPROVED AS TO FORM AND LEGALITY
By:
Chris a R. Reyno
Senior Assistant City Attorn
Form 1295 No.
ATTEST: ,F� M&C No.: NA
M&C Date: NA
M ry J. kYjAr
City Secretary y�F FO)y
As
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
City of Fort Worth,Texas
Standard Agreement for Professional Services
Revision Date: 12.22.2016
Page 9 of 9
Compliance Partners, Inc.
402 E Avenue G•Midlothian,Texas 76065•972-723-9509•800-779-3063•Fax 972-723-0964
ATTACHMENT A e SCOPE OF SERVICES
April 10,2017
Mr. Jerry Pressley, REM
Water Systems Superintendent
City of Fort Worth
4500 Wilma Lane
Arlington,Texas 76012
Re: 2017/2018 Professional Services
Scope of Work and Cost Estimate
Dear Jerry:
This document is submitted to provide a scope of work and project cost estimate to the proposed professional
services contract for 2017/2018.
The following services requested by the City shall be provided on a time and materials basis at our standard rates,
not to exceed$44,400.00.
Task 1: Prepare Emissions Inventory for Fiscal Year 2017 (Due March 31,2018 for calendar year 2017).
Task 1 will include the following:
a) Gather the required operating hours for combustion sources.
b) Review emission factors for combustion sources.
c) Collection of all data necessary to complete the EIQ submittal forms.
d) Obtain 2015 plant throughput and influent water analysis for Water 9 modeling.
e) Revise form structure,complete and update Emission Inventory forms.
f) Submittal of FY 2017 Emission Inventory Questionnaire to the appropriate TCEQ office.
g) Preparation and submittal of fee basis summary form to TCEQ in timely fashion.
h) Revise EIQ structure to reflect addition of the heat recovery boiler.
Cost for Task 1: $8,000.00
Task 2: Title V Deviation Report/Annual Compliance Certification
Task 2 will include preparation of the 2017 annual Compliance Certification and semi-annual Deviation Reports as
required by the conditions of the plant FOP (Federal Operating Permit). Work involved is expected to include the
following:
a) Complete review of plant operations to verify compliance with plant FOP for each reporting period.
b) Complete Deviation reports in required format for submission to City of Ft. Worth in a timely manner.
c) Complete Annual Compliance Certification in required format and in a timely manner for submission to
City of Ft. Worth.
Cost for Task 2: $1,200.00
Task 3: Two Semi-Annual Stack Sampling Events {Two Turbines}
Task 3 will involve the activities necessary to complete two semi-annual stack sampling events for turbines GT-1 and
GT-2 in accordance with Special Condition#11 of NSR Permit#7553,as amended.
Cost for Task 3: $16,700.00
Task 4: Update Written Compliance Guideline for the Title V Permit
Task 4 includes the preparation of a written compliance guideline and schedule to meet the requirements of the 2016
Title V permit renewal. Due to regulatory changes,there are significant revisions to the terms and conditions under
the 2016 permit and Title V amendment.
Cost for Task 4: $3,500.00
Task 5: Task 5 NSR Permit Renewal
Task 5 will include the preparation and submittal of the NSR permit renewal
Cost for Task 5: $7,500.00
Task 6: General Compliance
Task 6 will include general compliance including but not limited to, assistance evaluating the permit implications for
installation of a sludge dryer at the dewatering facility and miscellaneous technical support.
Cost for Task 6 $7,500.00
Excluded Items:
The following items have been identified as work or assistance that is not included in the scope of work described
above:
• Day-to-day monitoring,reporting and record keeping
• Sampling and laboratory analysis costs,with the exception of those specifically included.
• All SARA and TSCA regulatory requirements
• All local,state, and federal fees.
Should the City of Ft. Worth request assistance with any other items not included in the Task 1 through 5 of this
Scope of Work, Compliance Partners, Inc. will provide an estimate of the work effort and request authorization from
the Village Creek plant management prior to performing such services.
We appreciate your continued confidence and look forward to working with you on this project.
Sincerely yours,
J. C. Wyatt
President
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ATTACHMENT 1B -COl2]ENSA EON
Professional Services Contract-Village Creek Wastewater Treatment Plant
2017-2018
Compliance Partners, Inc. shall complete the services described in Attachment A, Scope of Work, on a
time and materials at our standard rates, not to exceed: $44,400.00
STANDARD RATES
SERVICES HOURLY RATES
Principal $ 125.00
(Sr. Engineer/Project Manager/Cert. Ind. Hygienist)
Engineer/Professional Technical Services $ 95.00
Technical Services/Industrial Hygienist $ 75.00
Field Supervisor $ 65.00
Asbestos Inspector $ 65.00
HAZMAT Technician II $ 55.00
(40 hr. HAZ WOPER Trained)
HAZMAT Technician I $ 45.00
(24 hr. HAZ WOPER Trained)
CAD Technician $ 65.00
Clerical/Word Processing $ 50.00
Materials and expenses shall be billed at cost plus 20%
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