HomeMy WebLinkAboutContract 35028��,� I � O� ��X,�S §
�iTY �ECI;Ei�RI�
��n1`�RA�T �4� a
E«lOW P��I� �l� �H�SE PRESEN f S:
�OIJNTY O� iARRAh1T § .
�R��E�SIOIV�L S��VIC�S C�NTR�GT
This contract is made by the City of Fort Worfih, Texas, a municipal
corporation situat�d in iarrant, Denton, Parker, and Wise Counties, Texas,
h�r�in�fter called "City", and Complianc� Partners, Inc., hereafter called
"C�nsultant".
1. SCOPE O� SEF2VICES
Consultant agrees to provide the services specified in Attachment A hereto,
generally described as Air Permit Management Services for Village Creek
Wastewater Tr�atment Plant, here�nafter referred t� as "Projeci".
2. COMPENSATION �
The Consultant's compensation is set forth in Attachment �.
3. TERM
The contract terminates upan ihe e�cpenditure of afl funds appropriated
hereunder. Without the prior written consent of the City, the Consultant shall
not perform work of a va(ue in excess of $22,570.00.
4. Termination
A. �nly the city may terminate this Agreement for convenience by
giving Consultant 30 days' written notice. Either the City or
Consultant may terminate this Agreement for cause if either party
fails substantial[y to pertorm through no fault of the other and does
not commence correction of such nonperformance with 5 days of
written notice and diligently complete the correction thereafter.
B. If this Agreement is terminated for the convenience of the Gity,
Consuftant wifl be paid for termination expenses as fof[aws
, :�� � ���,, �,, _
�+�� �� �'�L,I�1��1(;
1. Cost of reproduction of partial or complete studies, p'I��� ^'� �- '`��
� t v'� ;I �,� -`'s�'�:,� �� 1�2, �u � it ���
specifications or other forms of Consultant s work product; s�, :;,; ;�,�;,�-,lr 5,,,5�,7
2. Out-af ocket e enses for ��, :: �,�:�: ��'r��, �! ;4 %,,,
p � purchasing storage con �ners.� ___. _-__-_ _ _:,a��
� aRiGINAL
5
�
mi�rofilm, el�ctro�ic da�a files, and oth�r dat� �torag� �upplie� or
s�rvices;
3. ihe tirne r�q�ir�m�nts for the Consultant's p�rsonnel to
doc�arne�i th� work underway at the fiime �he City's t�rminafior� for
c�nvenience so that th� vvork effort is suitable for long time storage.
4. Prior to proc�eding with termination services, Consultant will
��bmit to th� City an itemized statement of a!! termination expenses.
The City's approval will be obtained in writing prior to proceeding with
termination services.
OWNERSHIP �� DOCUMENiS CREATED UNDER THIS AGREEMENT
Ail designs, drawings, spec�cations, dacuments, reports and other work
products of Consultant, whether in hard copy or in electronic form, are
instruments of service for this Project, whether the Project is completed or
not_ Reuse, change, or alteration by the City or by others acting through or
on beha{f of th� City of any such instruments of service without the wriften
permission of the Consultant will be at the City's sole risk. The CITY shall
own the final designs, drawings, specifications, reports and documents.
INDEMNIFICATIQN: LIABILITY
Gonsultant shafl indemnify and hold the City and its o�cers, agents and
employees harmless from any loss, damage liability or expense for damage
to property and injuries, including death, to any person, including but not
limited to officers, agents or employees of Consultant or subcontractors,
WF1tCi1 may arise out of any negligent act, error or omission in the
perFormance of this Agreement. Consultant shall defend at its own expense
any suits or other proceedings brought against the City, its ofFicers, agents
and employees, or any of them, resulting from such negligent act, error or
Consulfant: Compliance Fartners, Inc.
Project: P,ir Permit Management Services for Vilfage Creek Wastewater Treafinent Plant
Page 2 of 8
c,�r�,�,l ^t ^pr�j(.'N;',iO,
V ? �JJ��1� .h�u�'c1l%��r`1
n
ca � c- ` •+ '• ; �,�5 � I'l I � �'1 UUf '1
„ �It� �� �,�� ,
� �,
;?l�, ';;r�^�;';f � if; � I��2�1\,
�mi�sion; and sh�ll pay all expens�s and s�tisfy all judgmer�t� which rriay
be in��rr�d by or r�nd�r�d agains� th�m or �ny of them in co�n�cti�n
fh�r�wif(� ��s�aiting fr�rri �u�h negligent act, �rror �r �mis�ion. '
7. INSU�f�C�
A. Consulfant �hall provide to the City cerfificat�(s) of insuranc�
documenting polici�s of the following coverage at minimum limits
t�tat �re % b� in efFecfi prior to comrnencement af work an th�
Project:
Commercial General Liability
$1,a00,000 each occurrence
$1,000,000 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 �f the Project.
Worker's Compensation
Coverage �4: statutory limiis _
Coverage �: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
B. Certificates of insurance evidencing that Consultant has obtained all
required insurance shaff be delivered to ihe City prior to Consultant
proceeding with the Project.
1. Applicable policies shall be endorsed to name the City an
Additional Insured thereon, as its interests may appear. The term City shall
inc[ude its empioyees, officers, o�cials, agents, and volunteers as respeets
the contracted services.
2. Certificate(s) of insurance shall doctament that insurance
Consultant: Compliance Partners, lnc.
Projeet: P,[r Permit Management Services for Vil[age Creek Wastewater Treatmerrt Plant
Page 3 of 8
c�verage r�quired h�r�in ar� provid�d und�r applie,�ble polici�s docum��ted
fihereon.
' 3. Any failure on part of the City to recju�st r�quireci insuranc�
documentaiior� sh�ll n�t cortstitute a waiv�r of the insurance r�quirem�r�ts.
4. A minimum of thirty (30) days notic� of cancellation or material
change in coverag� shall be provided to the City. A ten (10) days notice shall
b� acceptable in the event of non-payment of premium. Such terms shall be
endorsed or�to Consuftani's insurance polic'res. Natice shafl Iae sent to:
S. Frank Crumb, P.E., Director Fort Worth Water Department,
City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas
76102.
5. fnsurers for all policies must �e authorized to do business in
the state of Texas or be otherwise approved by the City; and, such insurers
shall be acceptable to the City in terms of their financial strength and
solvency.
6_ �eductible limits, or seff-insured retentions, affectfng insurance
required herein shall be acceptable to the City in its sole discretion; and, in
lieu of traditional insurance, any altemative coverage maintained through
insurance pools or risk retention groups must be also approved. Dedicated
financial resources or fetters of credit may also be acceptable to the C�ty.
7. Applicable policies shall each be endorsed with a waiver of
subrogation in favor of the City as respects the Project.
8. The City shall be entitled, upon its request and without
incurring expense, to review the Consultani's insurance policies including
endorsements thereto and, at the City's discretion, Consultant may be
required to provide proof of insurance premium payments.
9. The Commercial General Liability insurance policy shall have
no exclusions by endorsements unless the Cify approve� such exclusfons in
writing.
Consultant: Compliance Partners, Inc.
Projeet: Air Permit Management Services for Village Creek Wastewater Treatment Plant
Page 4 of 8
1Q. �h� �rof�s�ional Liability insur�r��� pofi�y, if writt�n on �
claims rnad� basi� sh�ll be maintained by th� Corrsultant for a mi�im�m tw�
(2) year peri�d �ubsequ�n4 to fih� term of the respecfiv� Project c�ntract with
fh� City �nl�s� such cov�rag� �� pr��id�d the Consultant o� an o�currence
basis.
11. ih� City shall not be responsible for the direct payment of any
insurance premiums required by fihis Agreement. It is understood that
insuranc� cosfi is an ailowabf� c�mponent of Consultant's averhead.
1�. All insurance required herein, except for the Professional
Liability insurance policy, shall be written on an occurrence basis in order to
b� approved by the City.
13. Subconsu[tants to the Consultant shalf be required by
Consultant to maintain the same or reasonably equivalent insuranee
coverage as required for Consultant. When subconsultants maintain
insurance coverage, Consultant shall provide City with documentation thereof
on a certi�cate of insurance. Nofinr�thsianding anything �o the contrary
contained herein, in the event a subconsultant's insuranc� coverage is
canceled or terminated, such cancellation or termination shall not constitute a
breach by Consultant of fihe Agreem�nt_
�. INDEPENDENT CONTRACTOR
Consultant shall pertorm all work and services hereunder as an
independent contractor and not as an officer, agent or �mployee of the City.
Consultant shafl have excfusive control of, and the exclusive right to control, the
details of the work performed hereunder and all persons perForming same
and shall be solely responsible for the acts and omissions of his agents,
employees and subcontractors. Nothing herein shall be construed as
creating a partnership or joint venture �etween the Ciiy and the Gonsu[tant, its
agents, employees and subcontractors; and the doctrine of respondeat
Consultant: Compliance Partners, Inc.
Project: Air Permit Management Services for �Itage Creek Wasfewater Treatment Plant
Page 5 of 8
superior shall have no appli�iion as b��rv�en the City and the Consultant.
9. P�01=iI�ITION OF ASSI�Ni1��NT '
N�itt��r �ar�y hereto shall assig�, subl�t or transfer their interest h�rein
without th� prior written consent of the other party, and any attempted
assignm�nt, subleas� �r transfer of all or any part hereof without such prior
written c�nsenf sf�af! be void.
10. CWOICE OF LAW: VENU�
A. The Agreement shall be construed in accordance with the
law of the State of Texas. __
B. Should any action, at law or in �quity, ar�se ouf of the terms of this
Agreement, exclusive venue for said action shall be in Tarrant
County, Texas.
'11. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATlON
In accord with City of Fort Worth Ordinance No. 15530, the City has
goals for the participation of minority business enterprises and woman
business enterprises in City contracts. Consultant acknowledges the M/WBE
goal that has been established for this Agreement and its commitment to
meet that goal. 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 Cify contracts for a period Qf time of not (ess than three (3) years.
11. MISCELLANEOUS
A. This Agreement gives no rights or benefits to anyone other than the
City and Consultant and there are no third-party beneficiaries.
B. The City wiil make available to Gonsultant al[ technical data in the
Consultant: Compliance Partners, Inc.
Project: Air Permit Management Services for �Ilage Creek Wastewater Treatment Plant
Page 6 of 8
City'� posse�sion relating to th� Con�ultanf's �e�vices on �h� �roj�ct.
Consultant may rely upon the accuracy, timeliness, and completen�ss
of th� inforrnation provided by the Ci�y.
C. ih� �ity wilf mak� ifis facrlities acc�ssibl� to C�ns�alfiant as r�quired
for Consultanfi's perFormance of its services and will provide labor
and safety equipment as required by Consultant for such access.
The Ciiy will perform, at no cost to the Consultanfi, such tests of
equipment, machin�ry, pipelines, and other components of th� City's
facilities as may be required in connection with Consultant's services.
The City will be responsible for all acts of the City's personnel.
D. City may suspend, delay, or interrupt the services of the Consultant
�or fhe convenience of the City. In the event of such suspension, _
delay, or interruption, an equitable adjustment in the Project's
schedule, commitment and cost of Consultant's personnel and
subcontractors, and Consultant's compensation will be made.
E. Neifher party shall assign all or any part of this Agreement without
the prior written consent of the other party.
(Remainder of Page fntentionaffy Left �lank)
Consultant: Compliance Partners, Inc.
Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant
Page 7 of 8
�X��Ui�D on t�i� � d�y of ��bruarv , ��Q7.
Al`��ST:
Marty Henari
City Secretary
APPROVED �4S TO �ORI1�
AND LEGAI�IiY:
� ` `/1 �� '� _'.. '` ,� . r
� � �`
Assistan City Attorn�y
����x�
1�1�`91�t�� �t��U�I��D
_�.��
CITY O� �ORT WORiH:
:�
�y:
ar �►.
Assistant City Manager
APPROVAL RECOMMENDED:
/ , _�
� , - �� ����,� - -
� �
S. Frank Crumb, P. E.
Water Director
COMPLIANCE PAF2TNERS, INC.:
By: ��, " " � _
\ _
,, _
Name: .!. C_ Wva�t ,
Consultant: Compliance Partners, Inc.
Project: P,ir Permit Management Services for �Ilage Creek Wastewater Treatment Plant
Page 8 of 8
Tit1e: President
c, ,�•
� I ��' i r.', �^p ;, r� �^ �'r�1
V ��:��.7j5-.�� ��( �,.J����1r�i�
^:1�'° :� c, 1 )�i �-`p(
VJ,� L� j��- �G' S1���� �'C��
.i f,. �5 �l% L' 1� �
n •.:n,�,-�tt ���!
14 �:�qi��ilf i�l lI ,I
;( a ,,..'.'�:IIUU� ��.G'L'o
��mpl�ar�ce Pa�tn�rs, I��.
300 N. 8th Street • Suite 209 • Midlothian, Texas 76065 • 972-723-9509 • 500-779-3063 e Fax 972-723-096�1
�`�1����`�� f�
��(�7�� �� �1��P3�II CCP��
February 5, 2007
Ms. Madelene Rafalko, P.E.
Professional Engineer
City of Fort Worth
4500 Wilma Lane
Arlington, TX 76012
Re: 2007 Contract
Scope of Work
Dear Madelene:
This document is submitted to provide a scope of work to the proposed professional services
contract for 2007.
The following services requested by the City shall be provided on a time and materials basis at our
standard rates, not to exceed $22,570.00.
Task 1: Prepare Emissions Iriv�ntory for Fiscal Year 2008
Task 1 will include the following:
a) Gather the required operating hours for combustion sources.
b) Review emission factars for combustion sources.
c) Collection of all data necessary to complete the EIQ submittal forms.
d) Obtain 2005 plant throughput and influent water analysis for Water 9 modeling.
e) Completion and updating of Emission Inventory forms
fl Submittai of FY 2007 Emission Inventory Questionnaire to the appropriate TCEQ office.
g) Preparation and submittal of fee basis summary form to TCEQ in timely fashion.
Task 2: Title V Deviation Report / Annual Compliance Certification
Task 2 will include preparation of the 2007 semi-annual Deviation Reports and Annual
Compliance Certification as required by the conditions of the plant FOP (Federal Operating
Permit}. t�Vork involved is expected to inelude the following:
a) Complete review of plant operations to verify compliance with plant FOP for each reporting
period.
1
b) Com�lete Deviation reports in i-equii•ed format fot• submission to City of Ft. Worth in a timely
inannex.
�) Complete Annua,l Compliance Certification in required format and in a timely mann�r for
�ubmission to City af �'t. �Iorth. '
Task 3: Compliance Review
Task 3 will include completion of a regulatory compliance review during the first or second quarter of 2007
prior to submittal of ihe semi�annual deviation report, using a ckecklist approach, and fhe meetings
necessaY-y to complete the «Tork associated witli the Task 6 ihrough 8 described above. This item is
intended to document compliance with Title V pernut conditions for preparation of the second semi�annual
deviation report and annual compliance certification and to prepare for the TCEQ annual inspection,
e�-pected during the first quarter af 2006.
a) Site visit and completion of a facility checklist;
b) Meetings as required to revievv air compliance siatus and assist plant personnel in satisfying
requirements. �
c) Any required documenta,tion aud correspondence for chariges to any plant "permit by rule"
conditions. �
d) Respond to any other minor Air Compliance issues or questions associated with plant operations,
EIQ submittal, or TCEQ requests.
e) Make necessary changes to comp}iance documents.
Task 4: Petition TCEQ to permit semi-annual sta.ck tesiing far turbine GT-2.
Task 4 will include preparation of the required documentation to request stack sampling be reduced to
semi�annuaIly, per fihe facility's NSR pernut conditions. �
Task 5: Four Quarterly Stacic Sampling Events {Two Turbines}
Task 5 will involve the activities necessary to complete four quarterly sta.ck sampling events for turbine
GT-2 and two semi-annual stack sampling events for turbine GT-1, in accordance with Special Condition
# 11 of NSR Pernut #7553, as amended.
Both turbine stacks will be sampled during the first quarter of 2007. We anticipate TCEQ approval for
semi-annual sta.ck sampling for GT-2 prior to the second quarter event, in vvhich case tlus event will be
deleted and the first quarter event will be considered the first semi-a.nnual event for 20Q7. The second
semi-annual event for both turbines will be conducted dnring the third quarter of 2007.
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.
• AI� SARA and TSCA regulatory requiremen�s
�
� All local, sia.��, �.nd f�deral f�es.
Should the Ci� of �ort �1i7orth request assisiance rrvith any other items not included in the Taslc 1 through 5
of �ais Seope of �ork, Complia�ce Partn�rs �nc ��i11 provide an estimate of the wark effort and request
authorizaiion from the t1i11a,ge Creek plant management prior to performing such services.
We appreciate your c�ntinued confidence and look fo�uarc� to working �uith you ort �his project.
Sincerely yours,
���� _
� �)
J. C. Wyatt
President
��������� B
����������
Professional Set-vices Contract ��Iillage Creek �astewater Treatment Plant
2007
Compliance Partners, Inc. shall complete the services described in Attachment A, �cope of Work,
on a time and ma�terials at our standard rates, noi to exceed: $22,570.00
S�'�v�tu RATE�
SERVICES HOURLY RATES
Principal $ 95.00
(5r. Engineer / Project Manager/Cert. Ind. Hygienist)
Engineer / Professional Technical Services $ 90.00
Technical Services / Indusirial Hygienist $ 75.00
Field Supervisor
Asbestos Inspector
HA7.MAT Technician II
(40 hr. HAZWOPEIZ Trained)
HA7.MAT Technician I
(24 hr. HAZWOPER Trained)
CAD Technician
ClericaUWord Processing
$ 60.00
$ 50.00
$ 50.00
$ 40.00
$ 50, 00
$ 45.00
Materials and expenses shall be billed at cost plus 20%
4