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HomeMy WebLinkAboutContract 40967STATE OF TEXAS CITY SECRETARY CC*ThACT M KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § SERVICES CONTRACT PR©FESSIONA�� al is the City of Fort Worth, I o�tas, a municipal Thiscontract made by c Wise Counties, Texas, Denton, Parker, and d situated in Tarrant, Ike � called corporation Inc., hereafter p Compliance Partners, • called "City", and hereinafter "Consultant". SCOPE OF SERVICES A hereto, 1. SC in Attachment t®provide the services specified Consultant agrees for Village Creek Management Services as AirPermit Manag generally described"Project". . g referred to as Probe Wastewater Treatment Plant, hereinafter 2. COMPENSATION forth in Attachment B. ., The Consultant's compensation is set f 3. TERM 4. funds appropriated • expenditure of all terminates upon the p The contract the Consultant shall Without the prior written consent of the City, hereunder. W ' note perform work of a value in excess of $32,800.00. Term A. B. ination Only the®nVenience by giving citymay terminate this Agreement for c ®r Consultant may Either the City Consultant 30 days'written notice.� to Cons� fails substantially y terminate this Agreement for cause if either pa commence correction of the other perform through no faultand dOes notli entlY p notice and dig of such nonperformance with 5 days of written the correction thereafter. complete e Cit , Y thisAgreement is terminated for the convenience of th If Consultant will be paid for termination expenseseases as follows: partial or complete st udies, plans, 1 • Cost of reproduction of � product; of work p specifications or other forms Consultants focket expenses for purchasing storage containers, 2. Out-of-p 1 0-1 5-1 0 PO4 : 02 IN OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX microfilm, electronic data files, and other data storage supplies or services; 3. The time requirements for the Consultants personnel to document the work underway at the time the City's termination for convenience so that the work effort is suitable for long time storage. 4. Prior to proceeding with termination services, Consultant will submit to the City an itemized statement of all termination expenses. The City's approval will be obtained in writing prior to proceeding with termination services. OWNERSHIP OF DOCUMENTS CREATED UNDER THIS AGREEMENT All designs, drawings, specifications, documents, 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 behalf of the City of any such instruments of service without the written permission of the Consultant will be at the City's sole risk. The CITY shall own the final designs, drawings, specifications, reports and documents. 6. INDEMNIFICATION: LIABILITY Consultant shal, indemnify and hold the City and its officers, agents and employees harmless from any Toss, 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, which 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 omission, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. Consultant: Compliance Partners, Inc Project Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 2 of 8 7 INSURANCE A. Consultant shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the Project: Commercial General Liability $1,000,000 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 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 Prnfcccinnal 1 lability $1,000,000 each claim/annual aggregate B. Certificates of insurance evidencing that Consultant has obtained all required insurance shall be delivered to the 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 include its employees, officers, officials, agents, and volunteers as respects the contracted services. Consultant: Compliance Partners, Inc Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 3 of 8 2. Certificate(s) of insurance• shall document that insurance coverage required herein are provided under applicable policies documented thereon: 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. S uch terms shall be endorsed onto Consultant's insurance policies. N otice shall be sent to: S . Frank Crumb, P E , Director Fort Worth Water Department, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. 5. Insurers for all policies must be 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. Deductible limits, or self -insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintainer) through insurance pnnls nr risk retenfinn groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Protect. 8. The City shall be entitled, upon its request and without incurring expense, to review the Consultant'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 City approves such exclusions in writing. Consultant: Compliance Partners, Inc Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 4 of 8 10. The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the Consultant for a minimum two (2) year period subsequent to the term of the respective Project contract with the City unless such coverage is provided the Consultant on an occurrence basis. 11. The City shall not be responsible for the direct payment of any insurance premiums required by this Agreement. It is understood that insurance cost is an allowable component of Consultant s overhead. 12.AII insurance required herein, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 13. Subconsultants to the Consultant shall be required by Consultant to maintain the same or reasonably equivalent insurance coverage as required for Consultant. When subconsultant's maintain insurance coverage, Consultant shall provide City with documentation .thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Consultant of the Agreement. INnPPPninPNT Cnr;ITPACTnP Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. •Consultant shall have exclusive 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 between the City and the Consultant, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. Consultant: Compliance Partners, Inc. Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 5 of 8 PROHIBITION OF ASSIGNMENT Neither party hereto shall assign, sublet or transfer their interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 10. CHOICE OF LAW: VENUE A. The Agreement shall be construed in accordance with the law of the State of Texas. B. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. 11. MINORITY AND WOMEN BUSINESS ENTERPRISE (MIWBE) PARTICIPATION 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 MWBE 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 Agreemment and &torment from participating in City contracts fora period of time of not less than three (3) years. 12. MISCELLANEOUS A. This Agreement gives no rights or benefits to anyone other than the City and Consultant and there are no third -party beneficiaries. The City will make available to Consultant all technical data in the City's possession relating to the Consultant's services on the Project. Consultant may rely upon the accuracy, timeliness, and completeness of the information provided by the City. . Consultant: Compliance Partners, Inc Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 6 of 8 C. The City will make its facilities accessible to Consultant as required for Consultant's performance of its services and will provide labor and safety equipment as required by Consultant for such access. The City will perform, at no cost to the Consultant, such tests of equipment, machinery, pipelines, and other components of the 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 for the 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 Neither party shall assign all or any part of this Agreement without the prior written consent of the other party. (Remainder of Page Intentionally left Blank) Consultant: Compliance Partners, Inc Project: Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 7 of 8 Otkob< yt hXECU I LIB on this leitkday of September, 2010. AITI=SI: Marty Hendrix City Secretary NO Wasps REQUIRED APPROVED AS TO FO 0,ND LFGALITY: � n Assistan City Attorney 47 won sogrif ft0 as ®O a 0 5 ao ll, 0,0 *. O b 'Qo‘ik ooj c-H-anilA40 V4,14 0©L j .04 pe004 •� 411.4tesi (t\/ (r CITY OF FORT WORTH: -awe ‘t) By: 24€44kbai Fernando Costa Assistant City Manager APBROVAL RECOMMENDED: vik(rAmiLl S. Frank Crumb, P. E. Water Director COMPLIANCE PARTNERS, INC.: By: ame: J. C. Wyatt Title: President • OFFICIAL RECORD CITY SECRETARY WCIPTI4 TX Consultant: Compliance Partners, Inc. Project Air Permit Management Services for Village Creek Wastewater Treatment Plant Page 8 of 8 Compliance ' artners, Inc. 300 N. 8th Street• Suite 209 • Midlothian, Texas 76065 • 972-723-9509. 800-779-3063 • Fax 972-723-0964 September 3, 2010 ATTAC Mr. Jerry Pressley REM Environmental Supervisor City of Fort Worth 920 Fournier Street Fort Worth, TX 76102 T "A" SCO EO SE VLCES Re: 2010-11 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 2010-11. The following services requested by the City shall be provided on a time and materials basis at our standard rates, not to exceed $32,800.00. Task 1: Prepare Emissions Inventory for Fiscal Year 2011 Task 1 will include the following: a) Gather the required operating hours for combustion sources. b) Review emission factors for combustion sources. �) Cnlleatinn of all data nereccary fin Complete then() ciibmittal fnrmc, d) Obtain 2010 plant throughput and influent water analysis for Water 9 modeling. e) Completion and updating of Emission Inventory forms. f) Submittal of FY 2011 Emission Inventory Questionnaire to the appropriate TCEQ office. g) Preparation and submittal of fee basis summary form to TCEQ in timely fashion. Cost for Task 1: $5,500.00 Task 2: Title V Deviation Report / Annual Compliance Certification Task 2 will include preparation of the 2010-11annual 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: Title V Permit Renewal 0-01704 Task 3 will include the preparation of all documents required to submit a complete permit renewal application, without amendment, to the TCEQ Elements included in this task include: a) Meetings with facility staff, as required to review air compliance status and collect data for the application; b) Submit permit renewal application to City of Ft. Worth for review and submit approved application to the TCEQ; c) Respond to TCEQ regarding minor changes or revisions required in the application CPI shall provide continuing support to the City of Ft. Worth in response to requests for clarification or corrections to the permit application package as part of this task. This task does not include payment of permit application fees, public notice, modeling or requests for additional infonniation beyond that stated herein. Cost for Task 3: $7,500.00 Task 4: Two Semi -Annual Stack Sampling Events {Two Turbines} Task 4 will involve the activities necessary to complete two quarterly 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 4: $10,100.00 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 ether items not included in the Task 1 through 4 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. 2 Task 5: Recovery Boiler Permitting: We have received conceptual approval from the TCEQ to authorize the installation of the heat recovery boiler, duct heater, and modification to the turbine exhausts using pennits by rule and a pollution control standard permit. We expect that TCEQ will require demonstration of compliance with recently promulgated NAAQS for NO2 and PM2,5 as part of the permitting effort. Scope of work for this project: 1). Obtain applicability determination from TCEQ regarding the use of permits by rule to authorize the project. This step has been completed under the current contract. 2). Perfoirn screen modeling to demonstrate facility compliance with the NO2 and PM2.5 NAAQS. 3). Prepare a permit by rule submittal package and concurrently a PCSP application. Budget costs* $8500.00 This estimate does not include refined modeling, should the TCEQ require it; permit application or public notice fees, as applicable. We appreciate your continued confidence and look forward to working with you on this project. Sincerely yours, J. C. Wyatt President Ref:10594 3 ATTAC}Jv. " o COMP NSATION Professional Services Contract - Village Creek Wastewater Treatment Plant 2010 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: $32,800.00 STANDARD RATES SERVICES HOURLY RATES Principal $ 105.00 (Sr. Engineer / Project Manager/Cert. Ind. Hygienist) Engineer / Professional Technical Services $ 95.00 Technical Services / Industrial Hygienist $ 75.00 Field Supervisor $ 60.00 Asbestos Inspector $ 50.00 HAZMAT Technician II $ 50.00 (40 hr HAZWOPER Trained) HAZMAT Technician I $ 40.00 (24 hr HAZWOPER Trained) CAD Technician $ 50.00 Clerical/Word Processing $ 45.00 Materials and expenses shall be billed at cost plus 20% 4