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HomeMy WebLinkAboutContract 54070 JUN 3 Zp29 CSC No. 54070 Yoe � R CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Compliance Partners, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Air Permit Consulting and 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 Consulting and 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 sub consultants, 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 an amount up to $39,000 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas _ Standard Agreement for Professional Services -- Revision Date:04.15.20 R OFF11CUA RECORD, Page 1 of 9 16 ly�J CITY SECRETARY FT. WORTH, TX 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:04.15.20 Page 2 of 9 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 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:04.15.20 Page 3 of 9 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 Vlll Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. 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' 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:04.15.20 Page 4 of 9 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:04.15.20 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this 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 this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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. Article XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:04.15.20 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI 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: Steven L. Nutter Water Department 4500 Wilma Lane Fort Worth, Texas 76012 Consultant: Compliance Partners, Inc. Attn: J.C. Wyatt, President 402 East Avenue G Midlothian, Texas 76065 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 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" 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 Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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:04.15.20 Page 7 of 9 Article XIX 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 CONSULTANT Compliance Partners, Inc. bang-�cr�A6u7m�f (� Dana Burgh doff Qdn 25,20 13:13 CDT) Dana Burghdoff J.C. Wyatt Assistant City Manager President Date: Jun 29, 2020 Date: .J(A,,ge APPROVAL RECOMMENDED: By: �. l L Chris Harder, P.E. Director, Water Department City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:04.15.20 Page 8 of 9 SECRETARY CIT`� h f FT. WORTH,TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and Form 1295 No. administration of this contract, including ensuring all performance,and reporting M&C No.: NA requirements. M&C Date: NA Steven L. Nutter Environmental Program Manager ATTEST: . � Mary J. Kayser City Secretary APPROVED AS TO FORM AND LEGALITY ''*'`y ' �• " 6�_Vifta By:Christa R.Lopez-Reynold (Jun 25,20201:30 CDT) Christa R. Reynolds Senior Assistant City Attorney City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services �0 Revision Date:04.15.20 CITY SECRETARY Page 9 of 9 FT. WORTH,TX Compliance Partners, Inc. 402 E Avenue G•Midlothian,Texas 76065•972-723-9509•800-779-3063 •Fax 972-723-0964 SCOPE OF S1ERVZC1ES April 14,2020 Mr. Steven Nutter City of Fort Worth 4500 Wilma Lane Arlington,Texas 76012 Re: 2020 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 2020. The following services requested by the City shall be provided on a time and materials basis at our standard rates, not to exceed$37,100.00. Task 1: Prepare Emissions Inventory for Fiscal Year 2020(Due March 31, 2021 for calendar year 2020). 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 2020 plant throughput and influent water analysis for Water 9 modeling. e) Revise form structure,complete and update Emission Inventory forms. f) Submittal of FY 2020 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 2020 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 Ref:20835 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: $16,900.00 Task 4 Update Written Compliance Guidelines 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: General Compliance Task 5 will include general compliance support and assistance. Cost for Task 5 $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, QG� J.C.Wyatt President Ref:20835 2 Compliance Partners, Inc. ATTACHMENT B-COMPENSATION PROFESSIONAL SERVICES CONTRACT—VILLAGE GREEK WASTEWATER TREATMENT PLAN SCHEDULE OF RATES EFFECTIVE 1-1-16 SERVICES HOURLY RATES Principal $ 140.00 (Sr.Engineer/Project Manager/Cert. Ind.Hygienist) Engineer/Professional Technical Services 95.00 Technical Services/Industrial Hygienist 90.00 Technical Services/General 65.00 Field Supervisor 65.00 Asbestos Inspector $ 70.00 HAZMAT Technician 11 $ 60.00 (40 hr.HAZWOPER Trained) HAZMAT Technician 1 $ 50.00 (24 hr.HAZWOPER Trained) CAD Technician $ 65.00 Clerical/Word Processing $ 50.00 Materials and expenses shall be billed at cost plus 20%