HomeMy WebLinkAboutContract 41777 (2)Uti Y 3L CRE T M `fig
CONTRACT N0.
STATE ATE 01- T LXAS §
KNOW ALL BY THESE PRLSFNTS•
COUNTY OF TARRANT §
PROFESSIONAL SERVICES CONTRACT
This contract is made by the City of Fort Worth, Texas, a municipal
corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas,
hereinafter called "City", and Compliance Partners, Inc., hereafter called
"Consultant".
1. SCOPE OF SERVICES
Consultant agrees to provide the services specified in Attachment A hereto,
generally described as Air Permit Management Services for Village Creek
Wastewater Treatment Plant, hereinafter referred to as "Project".
2. COMPENSATION
The Consultant's compensation is set forth in Attachment B.
3. TERM
The contract terminates upon the expenditure of all funds appropriated
hereunder. Without the prior written consent of the City, the Consultant shall
not perform work of a value in excess of $36,800.00.
4. Termination
A. Only the city may terminate this Agreement for convenience by giving
lnnci iltant 30 dads' tNritt®n notice Rithcnr the, f_ity nr f nnci iltnnt ma
% VIIVNIL4l111. VV days'
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terminate this Agreement for cause if either party fails substantially to
perform 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 City,
Consultant will be paid for termination expenses as follows:
1. Cost of reproduction of partial or complete studies, plans,
specifications or other forms of Consultant's work product;
2. Out-of-pocket expenses for purchasing storage cont in ,
OFFICIAL RECORD
CITY SECRETARY
Consultant: Compliance Partners, Inc.
Project Air Permit Management Services for Village Creek Wastewater Treatment Plant 2011-2012 Ft WORTH, TX
Page 1 of 8
microfilm, electronic data files, and other data storage supplies or
services;
3. The time requirements for the Consultant's 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 shall indernnify and hnlrl the City and its officers 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,
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 2011-2012
Page 2 of 8
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
Prnfeccinnai I iahility
$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 2011-2012
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 theevent 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
ma ntainarl through insurance pools or risk retent on 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 Project.
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 2011-2012
Page4of8
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.
IMfPPPNf1FNT ffNTRACTnR
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 2011-2012
Page5of8
9. 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
ass gnment, 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
Agreement and rleharment 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 2011-2012
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.
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 2011-2012
Page 7 of 8
EXECUTED on this MW day of May, 2011.
ATTEST:
Marty Hendrix
City Secretary
CITY OF FORT WORTH:
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0 1,13 Yr ernando Costa
gt*: Ric ssistant City Manager
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APPROVED AS TO FORM
AND LEGALITY:
eitivit R. ReA}
Christa R. Reynolds
Assistant City Attorney
APPROVAL RECOMMENDED:
A
S Frank Crumb, P. E.
Water Director
COMPLIANCE PARTNERS, INC.:
By:
C. Wypi
TitIA� Prrmcirinnt
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Consultant: Compliance Partners, Inc.
Project Air Permit Management Services for Village Creek Wastewater Treatment Plant 2011-2012
Page 8of8
Compliance Partners, Inc.
300 N. 8th Street • Suite 209 • Midlothian, Texas 76065 • 972-723-9509. 800-779-3063 • Fax 972-723-0964
ATTACE
March 24, 2011
Mr. Jerry Pressley, REM
Environmental Supervisor
City of Fort Worth
920 Fournier Street
Fort Worth, TX 76102
Re: 2012 Professional Services
Scope of Work and Cost Estimate
Dear Jerry:
T "A" = SCO
SERVICES
This document is submitted to provide a scope of work and project cost estimate to the proposed
professional services contract for 4th quarter 2011-2012.
The following services requested by the City shall be provided on a time and materials basis at our
standard rates, not to exceed $36,800.00.
Task 1:
Prepare Emissions Inventory for Fiscal Year 2012 (Due March 31, 2012 for calendar year
2011). The EIQ structure will change when the heat recovery boiler is approved and
installed.
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 2011 plant throughput and influent water analysis for Water 9 modeling.
e) Revise form structure, complete and update Emission Inventory forms.
f) Submittal of FY 2012 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 2011-12 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.
1
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 No. 0-01704 Revision
Task 3 will include the preparation of all documents required to submit a permit revision application to
the TCEQ as required by the 2010-2011 permit renewal Special Terms and Conditions item 1 D & 1 E
The permit requires Village Creek Wastewater Treatment Plant to comply with the requirements of 40
CFR 63, subpart ZZZZ and 30 TAC Chapter 111, Subchapter C and submit a permit revision application
prior to March 3, 2013 for unit GENG-1 & GENG-2 and by October 19, 2013 for unit SW-1 and SW-2.
This task anticipates completion and submittal of the application at least 180 days prior to the required
compliance date. Elements included in this task include:
a) Meetings with facility staff as required to collect data for the revised application;
b) Submit permit revision application to City of Ft. Worth for review and submit approved
application to the TCEQ;
c) Respond to TCEQ regarding changes or revisions required in the application during technical
review.
The federal rules cited by this requirement are currently undergoing changes. The timely submittal of the
revised application is intended to allow sufficient time for the City of Fort Worth to schedule and
implement all applicable requirements of the rules before their respective compliance deadlines.
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 information beyond that stated
herein.
Cost for Task 3: $7,500.00
Task 4: Two Semi -Annual Stack Sampling Events {Two Turbines}
Tusk 4 Y�111 111YolYe the activities 11 A Osaly to complete two sem•
i-an�Ual a aCik 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
Task 5: Preparation of a Written Compliance Guideline for the Title V Permit
Task 5 includes the preparation of a written compliance guideline and schedule to meet the requirements
of the 2010-2011 Title V permit renewal. Due to regulatory changes, there are significant revisions to the
terms and conditionsunder the 2011 permit.
Cost for task 5: $3,500.00
Task 6: Initial Performance Testing for Boiler BLR-1 and BLR-2
Task 6 includes the activities necessary to complete initial performance testing required by
30 TAC 117, Subpart B and specified in §117 Subchapter H for the stand-by digester boilers.
2
Cost for task 6: $7,200.00
Task 7: Completion and follow-up on Heat Recovery Boiler Permit Application
Task 7 includes correspondence and submittal of any required revisions or additional information
required by the TCEQ to approve the pending Heat Recovery Boiler project Permit by Rule and pollution
Control Project application.
Cost for Task 7: $1,800.00
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 7
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
Ref: 11748
3
All ACH NT"
99
COMPENSATION
Professional Services Contract - Village Creek Wastewater Treatment Plant
2011
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:
$36,800.00
STANDARD RATES
SERVICES
HOURLY RATES
Principal
(Sr. Engineer / Project Manager/Cert. Ind. Hygienist) $ 105.00
Engineer / Professional Technical Services
$ 95.00
Technical Services / Industrial Hygienist
$ 75.00
Field Supervisor
$ 60.00
Asbestos Inspector
$ 50.00
HAZMAT Technician II
(40 hr. HAZWOPER Trained) $ 50.00
HAZMAT Technician I
(24 hr. HAZWOPER Trained) $ 40.00
CAD Technician
$ 50.00
Clerical/Word Processing
$ 45.00
Materials and expenses shall be billed at cost plus 20%