HomeMy WebLinkAboutContract 57610 kir Permit Consulting Service Agmementpff file:///C:/Uscrs/cathy/AppDaWLocallMicrosoti/WindowsA[NetCache/...
CSC No.57610
CITY OF FORT WORTH,TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home-ruie
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(VCWRF)("Project").
Article
Scope of Services
(1) Consultant hereby agrees to perform professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be performed in connection with the Project.
(2)Additional services, if any,will be memorialized by an amendment to this Agreement.
(3)All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents,
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article it
Compensation
Consultant shall be compensated an amount up to $36,600.00 ("Contract Amount') in
accordance with the Fee Schedule shown in Attachment"B". Payment shall be considered
full compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence.The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
Coy of Fan WaFdi,Terns Air Permit Consulting and Management Servoes
Standard Agreement for PrormsimW Servwm
Ravm=Dale:November 23.2021
Page 1 of g
OFFICIAL RECORD
CITY SECRETARY
of 12 FT. WORTH, TX 5/23/2022, 10:26 AM
kir Permit Consulting Service Agzeenwnt.pdf file:///C:/Users/cathy/AppData/Local/Microsoft/WuulowsfiNetCache/...
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date_
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer,agent,
servant, or employee of City. Consultant small 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 respondeaf 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
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product 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 performance of the Services.
Article VI
Indemnification
CONSULTANT,AT NO COST TO THE CITY,AGREES TO INDEMNIFYAND HOLD 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
MAYRELATE TO,ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (r) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (fi) 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.
My of Forl waft,reran Air Permit Consult"and Managemenl Serwees
Standard Agreernent for Professional services
Revision pale:November 23.2021
Page 2 of 8
.of 12 5/23/2022, 10:26 AM
kir Permit Consulting Service AgmemenlpH file:///C:/Uscrs/cathy/AppData/LocaMcrosoft/Windows/lNctCachr./...
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article Vill
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1)City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination,unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perform, through no fault of the other and the nonperforming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article II of this Agreement and in accordance with Exhibit"B".
Article XI
Right to Audit
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement Consultant agrees that City shall have access during normal
City of Fort Worth,Tares Air Permit CnnsLdWg and Management Services
Standard Agreement for Profesawnal SarvKm
Recision Data:November23,2021
Pape 3 of 0
of 12 5/23/2022, 10:26 AM
Air Permit Consulting Service Agrccmcnt.pdf file:///C:/Users/cathy/AppData/Local/Microsoft/Windows/INetCache/.._
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 subcontractor agrees that 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
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor 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
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. 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 XIi
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as
codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any
relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals
established for Agreement and its execution of this Agreement is Consultant's written
commitment to meet the prescribed MBE and WBE participation goals.Any misrepresentation
of facts (other than a negligent misrepresentation) and/or the commission of fraud by
Consultant may result in the termination of Agreement and debarment from participating in City
contracts for a period of time of not less than three(3)years.
Article Mill
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 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 or its
subcontractor(s).
City of Fort Worth,Terns Air PerrM Caws"and Uanoganmri Seniices
Standard AWmmemt for Professional Serw=
Revision Date:Nemmbw 23.=1
Pape 4 of 9
4 of 12 5/23/2022, 10.26 AM
Air Permit Consulting Service Agrcementpdf file:///C:/Users/Cathy/AppData/Loc ai Microsott/Windows/INctCache/.._
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractor(s)who perform work under 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 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 Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action,whether real or asserted,at law or in equity,arises on the basis of any provision
of Agreement,venue for such action shall lie in state courts located in Tarrant County,Texas
or the United States District Court for the Northam District of Texas — Fort Worth Division_
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract ConstructionlNo Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such
right on any future occasion.
Article XVII
Severability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other- part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
My of Fat Worth,Texas Air Parmit Gonaulli
Standard Agraameru for Professional Services n9 and Managamant Services
RavMwn Oats:November 23,21121
Pape S of 8
°f 12 5/23/2022, 10:26 AM
Air Permit Consulting Scrvice Agreement pdf file.,///C:/Users/cathy/APPData/L.ocal/Microsoft[Windows/INetCacheI...
unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVIII
Notices
Notices regarding Articles IX or X are to be provided 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 Nutter
Water Department
4600 Wilma Lane
Fort Worth, Texas 76012
Consultant:
Compliance Partners, Inc.
Attn: J.C.Wyatt, President
402 E Avenue G
Midlothian,Texas 76065
A#I other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time-employees and the
contract value is $100,000 or more, 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 if Chapter 2271,Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2)will not boycott Israel during the term of the contract.
Gly of Pon Wash,Texas Air Permit Consul"and Management Sen4ms
Standard Agreement for Professmal Services
Revminn OaW Novemher23,2021
Page 6 of B
of 12 5/23/2022, 10:26 AM
Air Permit Consulting Service AgreerneuLpdf file:///C:/Uscrs/Cathy/AppDam/Local/MicrosoftWindowsM4etCache/...
Article XX
Prohibition on Boycotting Energy Companies
Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government
Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of$100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more
full-time employees) unless the contract contains a written verification from the company
that it (1) does not boycott energy companies; and (2) will not boycott energy companies
during the term of the contract. The terms "boycott energy company" and "company" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, §2).To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement,
Consultant certifies that Consultant's signature provides written verification to the
City that Consultant: (1) does not boycott energy companies; and (2)will not boycott
energy companies during the tenor of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of$100,000
or more which will be paid wholly or partly from public funds of the City,with a company(with
10 or more full-time employees) unless the contract contains a written verification from the
company that it:(1)does not have a practice,policy,guidance,or directive that discriminates
against a firearm entity or firearm trade association; and (2)will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms
"discriminate,""firearm entity" and "firearm trade association" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th
Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (1)
does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
Article XXII
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 Agreement.
My of Fort Wanh.Texas Air Permit Coowbng and Management SwAms
Standard Aam mmd for Prdank nal Sermw
Ravww Data November 23.2U1
Pape 7 of 8
.of 12 5/23/2022, 10:26 AM
Air Permit Consulting Service Agrcement.pdf filc:///C:/Users/cathy/AppData/LocabMicrosoft/Windows/lNetCache/__.
Article XXIII
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 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.
Dana Bu(cihdol c
Dana Burghdoff ay 25,202213:26 CDT)_
Dana Burghdoff yatt
Assistant City Manager President
Date: Date: 2 3
pp4�FO�n) �
�FoQ00000aoo�yOa� ATTEST:
Oj 0 o e='P. Jannette S.Goodall(May 25,2022 13:49 CDT)
Y o
000. *� Jannette Goodall
aaaZI r000000 p City Secretary
ex
�naaa4
APPROVAL RECOMMENDED:
C6c�U z k ta�'-der
By.Christopher Ffarder(May 24,202214:31 CDT)
Chris Harder
Director, Water
city of Fort worth.Texas Air Permit eoneulting and Manalpment$avkms
Standard Agreement for Professional Sarvwxs
Rawam late:November 23.201
Page S of B
OFFICIAL RECORD
CITY SECRETARY
3 of 12 FT. WORTH, TX 5/23/2022, 10:26 AM
Air Permit Consalting Service Agreement_pdr file:///C:/Users/cathy/AppData/LocabMicrosoft/WEndows/INeiCache/...
APPROVED AS TO FORM AND LEGALITY Form 1295 No.
0-10y, M&C No.: NIA
By;DBlack(May 24,202218:10 CDT)
Douglas W Black M&lC Date: NIA
Sr. Assistant City Attorney
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
requirements.
sir a �
Shatabya Bergland
Contract Compliance Specialist
city of Fort Worth.Texas Air Permit Consulting and Management Ser%km
Standard Agmement for Professional Sw.%=
ftavwon Data November M21
Page 9 of 9
OFFICIAL RECORD
CITY SECRETARY
i or 12 FT. WORTH, TX 5/23/2022, 10:26 AM
Air Permit Consulting Service Agrecment pdf file:///C:/Users/cathy/AppData/Loral/Microsofl/Windows/lNetCache/..
ATTACHMENT A
Com Nance Partners Inc.
402 E Avenue G•MidtotWM Terns 76065 a 972-723-9509+800-779-3063*Fax 972 723-0964
SCOPE OF SERVICES
May 3,2022
Mr.Steven Nutter
City of Fort Worth
4500 Wilma Lane
Arlington,Texas 76012
Re: 2022-23 Professional Services
Scope of Work and Cost Estimate
Dear Steven:
This document is submitted to provide a scope of work and project cost estimate to the proposed professional
services contract for 2022-2023.
The following services requested by the City shall be provided on a time and materials basis at our standard rates,
not to exceed$36,600.00.
Task l: Prepare Emissions Inventory for Fiscal Year 2022(Due March 31,2023 for calendar year 2022).
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 2022 plant throughput and influent water analysis for Water 9 modeling.
e) Revise form structure,complete and update Emission Inventory forms.
f) Submittal of FY 2022 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 I Annual Compliance Certification
Task 2 will include preparation of the 2022 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 formal and in a timely manner for submission to
City of Ft.Worth.
Cost for Task 2: S1,200.00
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#I I of NSR Permit#7553,as amended.
Cost for Task 3: $19,400.00
Rcf.22987
10 of 12 5/23/2022, 10:26 AM
Air Permit Consulting Service Agreement pdf file:///C:/UscWcathy/APPData/Locai Microsoft/WindoivsANetCache/,,
Task 4: General Compliance
Task 4 will include general compliance support and assistance.
Cost for Task4 $8,000.00
Excluded Items:
The following items have been identified as work or assistance that is not included in the scope of work described
above:
• Day-today monitoring,reporting and record keeping.
• Sampling and laboratory analysis costs,except for those specifically included.
• All SAR4 and TSCA regulatory requirements
• All local,state,and federal fees.
Should the City of FL Worth request assistance with any other items not included in the Task 1 through 4 of this
Scope of Work,Compliance Partners,Inc. will provide an estimate of the work 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:22187 �
11 of 12 3/23/2022, 10:26 AM
Air Permit Consulting Service Agmement.pdf file:///C:/Users/cathy/AppDataiLocal%krosofttVndnwsANcICachei..,
ATCACHI+MW B
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 Il $ 60.00
(40 hr. HAZWOPER Trained)
HAZMAT Technician I $ 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%
Ittf:229x7 �
12 of 12 5/23/2022, 10:26 AM