HomeMy WebLinkAboutContract 29866 - CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
PROFESSIONAL SERVICES CONTRACT
This contract is made by the City of Fort Worth, Texas, a municipal
corporation situated in Tarrant and Denton 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 Management of Air Quality Permitting and Operating
Compliance for the City's 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 term of this Agreement shall commence upon the date of its execution,
and conclude on September 30, 2004, unless terminated earlier as hereinafter
provided.
4. Termination
A. Only 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 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 ENGINEER'S work producyz
AL
2. Out-of-pocket expenses for purchasing storage containers,
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.
5. 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 perrnission 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 indemnify and hold 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
COMPLIANCE PARTNERS,INC.
VILLAGE CREEK—AIR QUALITY
Page 2 of 7
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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.
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:
Cornmercial 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
Professional Liability
$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.
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.
COMPLIANCE PARTNERS,INC.
VILLAGE CREEK—AIR QUALITY
Page 3 of 7
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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. Such terms shall be
endorsed onto Consultant's insurance policies. Notice shall be sent to Dale
A. Fisseler, 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 maintained through
insurance pools or risk retention 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.
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.
COMPLIANCE PARTNERS,INC.
VILLAGE CREEK—AIR QUALITY
Page 4 of 7
12.All 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 subconsultants 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.
8. INDEPENDENT CONTRACTOR
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.
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 assignment,
sublease or transfer of all or any part hereof without such prior written consent
shall be void.
COMPLIANCE PARTNERS,INC.
VILLAGE CREEK—AIR QUALITY
Page 5 of 7
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10. CHOICE OF LAW_ VENUE
A. The Agreement shall be construed in accordance with the internal 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. 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 that a M/WBE goal of 24%
has been established for this contract 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 City contracts for a period of time
of not less 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 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.
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.
COMPLIANCE PARTNERS,INC.
VILLAGE CREEK—AIR QUALITY
Page 6of7
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.
EXECUTED on this day of Apr+t 1 , 2004.
ATTEST: CITY OF FORT WO
Y
By?
Sylvia Glover Marc A. O t
430a Acting City Secretary Assistant City Manager
APPROVED AS TO FORM APPROVAL RECOMMEND:
AND LEGALITY:
0
Assistant ity,Attorney- ale A. Fiss er. P. E.4a
Water Director
t� 0 tJ COMPLIANCE PARTNERS, INC.:
contract Authorizatiox
Date Name: RDzc;2G W �ti rt0
Title: VL��,- -Q�r►d
COMPLIANCE PARTNERS,INC. �'g
VILLAGE CREEK—AIR QUALITY 1 � +�' s1
Page 7 of 7 pQ _q �
Management of Air Quality Permitting
And Operating Compliance for the
Village Creek Wastewater Treatment Plant
ATTACHMENT A
Scope of Work for 2004
Compliance Partners Inc anticipates that the following tasks will be necessary in order to accomplish the
current objectives for Village Creek:
Task 1: Prepare Emissions Inventory for Fiscal Year 2005
Task 2: Quarterly Stack Testing {Turbines)
Task 3: Renewal of Title V Permit
Task 4: Compliance Review
Task 5: Title V Deviation Reports
Each of these tasks are described in detail as follows:
Task 1: Prepare Emissions Inventory for Fiscal Year 2005
Task 1 will include the following:
a) Gather the required operating hours for combustion sources.
b) Review emission factors for combustion sources.
c) Obtain 2003 plant throughput and influent water analysis for Water 9 modeling.
d) Completion and updating of Emission Inventory forms
e) Submittal of FY 2005 Emission Inventory Questionnaire to the appropriate TCEQ office.
f) Preparation and submittal of fee basis summary form to TCEQ in timely fashion.
Task 2: Quarterly Stack Testing (Turbines)
Task 2 will involve the activities necessary to comply with the special condition #I 1 of Permit #7553, as
amended 11/02. Work involved with this task is anticipated to include the following:
a) Quarterly gas turbine stack checks for NOx,CO, and 02 per special condition 411 of permit#7553
through second quarter of 2004.
b) Document results from first six quarterly checks and apply to the TCEQ for approval to go to stack
tests twice per year.
c) Analyze Landfill and Digester gas samples twice per month for fuel bound nitrogen utilizing test
method ASTM D-4629 as modified by Custom Fuel Monitoring Plan 04/08/2003 through April,
2004.
d) Review H2S results of as-fired fuel through April, 2004. If no samples exceed 6000 ppmv, go to
sampling once per month.
Task 3: Renewal of Title V Permit
Task 3 will include work done to begin renewal of the plant Federal Operating Permit (Title V Permit).
Work involved in this task is anticipated to include the following:
a) Begin to assemble information necessary to renew Federal Operating Permit to include: complete list
of applicable permit-by-rule operations for inclusion in FOP,any changes to plant operations
anticipated,and inclusion of State NSR permit conditions.
b) Meet with plant personnel as necessary to incorporate necessary changes to FOP.
c) Assemble required forms and begin completion of required paperwork.
Task 4: Compliance Review
Task 4 will include meetings necessary to complete the work associated with the Task 1 through 3 work
described above.
a) Meetings as required to review air compliance status and assist plant personnel in satisfying
requirements.
b) Any required documentation and correspondence for minor changes to plant NSR permit#7553,
such as removal of Diesel engines.
c) Any required documentation and correspondence for changes to any plant"permit by rule"
conditions.
d) Respond to any other minor Air Compliance issues or questions associated with plant operations
or TCEQ requests.
e) Make necessary changes to compliance documents.
Task 5: Title V Deviation Reports
Task 5 will include two deviation reports and one annual Compliance Certification 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.
gip. , TEX.
Excluded Items
The following items have been identified as work or assistance that is not included in the scope of work
described above:
• Startup, testing, monitoring and reporting activities that were previously contracted to Lone Star
Energy Services as part of the Professional Energy Services Agreement for the site gas turbines
• Public notice expenses(other than oversight), such as newspaper publishing, manufacturing of signs
• 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 fees
Should the City of Fort Worth request assistance with these items or any other items not included in the
Task 1 through 5 Scope of Work, Compliance Partners Inc will provide an estimate of the work effort and
request authorization from the Village Creek plant management.
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ACORD� CERTIFICATE OF LIABILITY INSURANCE :01DATE/15/2 04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Bent Tree Insurance Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
2625 N. Josey Lane #300 COMPANIES AFFORDING COVERAGE
Carrollton, Texas 75007 COMPANY
(972) 466-0084 FAX: 466-2434 A American Safety Casualty Ins. Co.
INSURED
COMPANY
Compliance Partners, Inc. B Texas Mutual Insurance Company
300 N. 8th Street #209 COMPANY
Midlothian, Texas 76065 C
(972) 723-9509COMPANY
D
'COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE-IMNLDDIYY) DATE(MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 3, 000, 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG $ 3, 000, 000
CLAIMS MADE ❑X OCCUR PERSONAL&ADV INJURY $ 3, 000, 000
A OWNER'S&CONTRACTOR'SPROT PFL03-1884-004 09-04-03 09-04-04 EACH OCCURRENCE $ 3, 000, 000
X Professional & FIRE DAMAGE(Any one fiire) $ 50, 000
Pollution Lia* MED EXP(Any one person) $ 5, 000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
HIRED AUTOS
BODILY INJURY $
NON-0W N ED AUTOS
(Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X TORY L'M1TS O[R
EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1, 000, 000
B THE PROPRIETOR/ INCL SBP 0 0 010 2 9 813 09-09-03 09-09-04 EL DISEASE-POLICY LIMIT $ 1, 000, 000.
PARTOFFICERS,
ERSIEXECUTIVE Blanket waiver applies per contr
OFFICERS ARE: PX F>(CL PP p act EL DISEASE-EA EMPLOYEE $ 1, 000, O O 0
OTHER
City of Fort Worth., Village Creek Wastewater Treatment Plant is added as additional insured
to the General Liab-lity policy.
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
*Professional & Pollution Liability are claims made.
Workers Compensation restricted to code 8810 - clerical only
All coverage is subject to the terms, conditions, & exclusions of the policies
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Village Creek Wastewater yQ_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Treatment Plant BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
4500 Wilma Lane OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Arlington, TX 76012 AUTHORIZED REPR NTATN
,attn: Madelene Rafalko #024
ACORD 25-8(1195) 0 AC ORD CORPORATION 1988
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/13/2004
DATE: Tuesday, April 13, 2004
LOG NAME: 6000MPLIANCE REFERENCE NO.: **C-20029
SUBJECT:
Professional Services Contract with Compliance Partners, Inc. for the Management of Air Quality
Permits for the Village Creek Wastewater Treatment Plant
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with
Compliance Partners, Inc. for the management of air quality permits for the Village Creek Wastewater
Treatment Plant in an amount not to exceed $98,580.00.
DISCUSSION:
The City of Fort Worth Village Creek Wastewater Treatment Plant functions under a Federal Operating
Permit to operate several types of equipment that produce emissions on the plant site. This equipment
includes incinerators, degreasers, refrigeration equipment, storm water emergency stand-by generators,
portable emergency generators at Boxes C and E, gas flares, boilers, gas turbine generators and abrasive
blasting equipment.
Compliance Partners, Inc. will provide oversight and management of Village Creek's Clean Air Act
Regulatory Compliance Program, fuel testing, emissions testing, preparation of site emissions inventory and
will oversee periodic compliance activities as required to comply with air regulations.
Compliance Partners, Inc. is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE
participation on this contract. The City's goal on this project is 24%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0705002 $98,580.00
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
Logname: 6000MPLIANCE Page I of I
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/13/2004
DATE: Tuesday, April 13, 2004
LOG NAME: 6000MPLIANCE REFERENCE NO.: **C-20029
SUBJECT:
Professional Services Contract with Compliance Partners, Inc. for the Management of Air Quality
Permits for the Village Creek Wastewater Treatment Plant
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with
Compliance Partners, Inc. for the management of air quality permits for the Village Creek Wastewater
Treatment Plant in an amount not to exceed $98,580.00.
DISCUSSION:
The City of Fort Worth Village Creek Wastewater Treatment Plant functions under a Federal Operating
Permit to operate several types of equipment that produce emissions on the plant site. This equipment
includes incinerators, degreasers, refrigeration equipment, storm water emergency stand-by generators,
portable emergency generators at Boxes C and E, gas flares, boilers, gas turbine generators and abrasive
blasting equipment.
Compliance Partners, Inc. will provide oversight and management of Village Creek's Clean Air Act
Regulatory Compliance Program, fuel testing, emissions testing, preparation of site emissions inventory and
will oversee periodic compliance activities as required to comply with air regulations.
Compliance Partners, Inc. is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE
participation on this contract. The City's goal on this project is 24%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 5391.20 0705002 $98,580.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Dale Fisseler (8207)
Additional Information Contact: Dale Fisseler (8207)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/15/2004