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HomeMy WebLinkAboutContract 26904 CITY CONTRACT NO SECRETARY. 0 STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT § AND DENTON § CONTRACT FOR PROFESSIONAL CONSULTING SERVICES 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 Gershman,Brickner&Bratton, Inc.,a Maryland corporation,hereinafter called"Consultant or GBB,"both parties acting herein by and through their duly authorized representatives: 1. Scope of Services. Task 1: Fort Worth and Regional Review: a. Travel throughout each Council District to observe waste/recyclables collection conditions,physical constraints and route limitations to automated collection service and other related needs and conditions that would generally impact the collection of municipal solid waste, brush, grass,bulky waste and recyclables. b. Conduct meetings with regional service providers offering collection, processing, transfer and disposal services and assets,and attempt to gain a better insight into capacity,expansion potential and potential fees. C. Conduct interviews with City Council members and key City staff members regarding their views and concerns with respect to solid waste management issues. d. Review: 1)existing contractor performance and contract terms;and 2)City budget and operations review. r. uG�L c:iG G'RAVIM Val 1 7/5/01 Task#2:Benchmarking and Best Practices Survey: a. GBB will summarize applicable survey data from its own recent surveys and that conducted by the City of Houston in 2000,as well as other published sources,and present summary data of use and interest to the City of Fort Worth. A maximum of ten cities will be selected for review. b. GBB will supplement the above information with a telephone and/or fax/e-mail survey to assure that the selected cities provide certain benchmarking data on their solid waste system and services. GBB will summarize its findings from the survey in a comparative matrix and offer any appropriate footnotes and/or narrative comments to explain the matrix. Task#3:Decision-Making Analysis and Workshop: Findings from the field work/research will be analyzed and summarized into a presentation, with appropriate attachments for informational purposes, for use at a City Council workshop. The specifics of such services are listed in Attachment A, "Proposed Services to Assist the City of Fort Worth, Texas with Solid Waste Management Matters," attached hereinafter and incorporated into this agreement hereby. 2. Schedule. The Consultant shall comply with the following schedule (based on the tasks listed in Section 1 - Scope of Services, above) once the Contract for Professional Consulting Services is executed: ELEMENT COMPLETION DATE 1. Task N. Fort Worth and Regional Review Friday,August 20,2001 2. Task#2. Benchmarking and Best Practices Survey Monday,Sept. 10,2001 2 �4M!' ��� 7/5/01 3. Task#3. Presentation of Findings to City Council Tuesday, Sept. 25, 2001 3. Compensation. a. The amount to be paid to Consultant for all services performed hereunder shall not exceed Twenty-Nine Thousand and No/100 Dollars($29,000),hereinafter"Consultant's Fee." The Consultant's Fee shall include all expenses incurred by Consultant on an hourly basis as set out in the fee schedule as Exhibit`B"attached and incorporated herein in the accomplishment of Section 1, Scope of Services,above,including any additional copies of the Consultant's presentation requested by the City. b. It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined in Section 1 —Scope of Services, for the fee described in this Section 3.a. Any service deemed necessary by the Consultant, but beyond the stated Scope of Services (detailed in Section 1, above) must be expressly authorized in writing by the City of Fort Worth PRIOR to implementation of that service. 4. Data. The City has a right to and shall be the sole proprietor of any and all data compiled,analyses performed and presentations and reports drafted by the Consultant in his or her fulfillment of the terms of this Contract for Professional Consulting Services. 5. Term. The term of this Contract shall commence upon date of full execution by City and Consultant, and shall terminate September 30, 2001,unless terminated earlier as provided herein. 6. Termination. MM 37/5/01 L a. City may terminate this Contract at any time for any cause by notice in writing to Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section 6.a., the City shall pay Contractor for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. b. In the event no funds or insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder,City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. City has informed Consultant that,concurrently with approval of this Contract,City will appropriate and budget 100% of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. c. Upon termination of this Contract for any reason,Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Contract. 7. Indemnification. Consultant shall release, defend, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims,property damages (including loss of use), losses, demands, suits,judgments and costs, including r ��sf lr� �i�G'1� 7/5/01 y ii c reasonable attorney's fees and expenses, in any way arising out of,related to, or resulting from the performance of the work or caused by the negligent act or omission of Consultant, its officers,agents, employees, or subcontractors. The Consultant shall not be obligated or liable to the City or to any third party for any claim arising in connection with this Agreement except for negligence that is the fault of the Consultant, and/or its agents,employees, subcontractors, assignees, or others affiliated with Consultant." 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 its officers,agents,employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers,agents,employees and subcontractors;and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 9. Disclosure of Conflicts. Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. 10. Right to Audit. Consultant agrees that the City shall,until the expiration of three(3)years after final payment under this Contract,have access to and the right to examine any directly pertinent books,documents, papers and records of the Consultant involving transactions relatipVo this Contract. Consultant 5 7/s/01 1`41 a1! ,� ➢ o agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor 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 workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 9. Prohibition of Assignment. Neither party hereto shall assign,sublet or transfer its 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. This Contract shall be construed in accordance with the internal law of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract; venue for any action arising under the terms and conditions of this agreement shall lie in the state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 11. Severability of Provisions. _._.. _._.._v,.4....._,.,. 6 cr: CI � GMl1� 7i5r01 If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 12. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. 13. M/WBE Waiver A waiver of the goal for M/WBE subcontracting requirements was requested by the City Manager's Office and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. 14. Notices. All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed received when deposited in the United States mail so addressed with postage prepaid: CITY: CITY MANAGER, CITY OF FORT WORTH 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102 CONSULTANT GERSHMAN, BRICKNER, & BRATTON, INC. 8550 ARLINGTON BLVD., SUITE 203 FAIRFAX,VIRGINIA 22031-4620 15. Parties Bound . This Agreement shall be binding upon the successors and assigns of both parties in like manner as upon the original parties. // EXECUTED on this, the / Lday of 2001. ATTEST: CITY OF FORT WORTH BY: ' City gecretary rJ'-//-p/ Charles R. Boswell Assistant City Manager APPROVED AS TO FORM AND LEGALITY: David Y tt, City iit-y_Attorney By: � � yo'u��" Assis a t CNty Attorney GERSHMAN, BRICKNER&,BRATTON,INC. pl-/ BY: � Contract Authorization , y WZdershman Date TITLE: President od' Val 8 7/5/01 ATTACHMENT A Services to Assist the City of Fort Worth, Texas With Solid Waste Management Matters Introduction The City of Fort Worth (City) is responsible for providing solid waste services to approximately 142,500 single-family residences in the City. Twice per week manual garbage collection is provided along with a variety of other solid waste services. This service is provided by both private contracts and by City crews. The City has two contracts with private haulers. Waste Management of Fort Worth (Waste Management) is responsible for solid waste collection from 116,875 residences, and Duncan Disposal is responsible for 1,625 single-family homes in the recently annexed Lake Country Estate area of the City. City crews collect solid waste from the remaining 24,000 single- family households. Waste Management provides once per week recycling service for both the City's and their areas (140,875 HH), and Duncan Disposal provides recycling for the 1,625 households they service. Waste Management disposes of the solid waste it collects in its Westside Landfill, and Duncan Disposal takes it's solid waste to another private landfill (Mill Creek Landfill) located at the northern end of the city. City crews dispose of their collected waste in the City's Southeast Landfill. Most commercial waste in the City and waste from multi- family residences is collected by several private companies and dispose of at various facilities in the region. Waste Management has been conducting special pilot waste collection programs at approximately 8,000 single-family residences, under its contracts with the City. These pilot programs involve using automated and/or semi-automated collection vehicles and wheeled carts for waste storage and placement at curbside for collection. The purpose of the pilot program is to determine if a system of automated collection with carts could be applied Citywide and reduce both the frequency of collection and labor needed for collection; this could potentially result in a significant cost savings for the City's single- family residences. Waste Management's contract with the City expires on September 30, 2002, and the City is confronted with several important decisions that impact the future costs and direction of its waste and recyclables collection and management system. Waste Management's Westside Landfill has limited remaining life and could not be expected to be a long-term outlet for the City's residential waste. Other disposal facilities exist in the region, but their long-term capacity and the plans and strategies of their owners regarding the Metroplex region are not well defined or fully known by the City at this time. The City, in order to make sound, reasoned decisions regarding the 9 � 1�r,r it� Urn, 7/5/01 future direction for its waste and recyclables management, needs an assessment of the waste and recycling management assets in the region; the time cost savings, if any, in shifting to an alternative collection system and service level for its single-family residents; the needs and preferences of those residents for waste and recyclables collection/processing/marketing; and the cost implications of using alternative service providers for single-family residential waste and/or recyclables management. This scope of services is designed to assist the City drive out the information needed for its critical decision-making and guide the City toward a balanced waste and recyclables management system that is environmentally sound and in the economic interests of its residents. It will help the City Council address the following questions: • What type of residential collection services should be applied in different sections of the City for brush, bulky waste, grass, garbage, and recyclables? • How can the City's services and policies be modified so that the City gets closer to meeting the State's 40 percent waste diversion/recycling goal? • Who should conduct the collections and why? • Should the City consider extending the existing contract(s) of service providers or consider using the disposal/processing facilities of other service providers and why? • Should the services to be provided by the private sector be obtained through competitive procurement or negotiations? • How should the costs of any new equipment and services be funded? Scope of Work Tasks I. Ft. Worth and Regional Review (Fee Estimate: $13,000) 1. GBB will conduct field work in Fort Worth and the region for the following purposes: • Travel throughout each Council members district to observe waste/recyclables collection conditions, physical constraints and route limitations to automated collection service and other related needs and conditions that would generally impact the collection of MSW, brush, grass, bulky waste and recyclables. • Conduct meetings with regional service providers offering collection, processing, transfer and disposal services and assets and attempt to gain a better insight into capacity, expansion potential and potential fees. L� J')[`?DO ` MR Ey 10 'uN Vr 15101 • Conduct interviews with members of the City Council and key City managers regarding their views and concerns with respect to solid waste management issues of concern. • Review (a) existing contractor performance and contract terms; (b) City budget and operations review. Messrs. Harvey Gershman and Joe Mehaffey will conduct this research over a one-week period. Mutually agreeable times will be selected in consultation with the City. II. Benchmarking and Best Practices Survey (Fee Estimate: $7,000) • GBB will summarize applicable survey data from its own recent surveys and that conducted by the City of Houston in 2000 as well as other published sources, and present summary data of use and interest to the City of Fort Worth. With input from the City, a maximum of ten (10) locations will be selected for review. A preliminary listing of cities is as follows: Austin, Texas; Dallas, Texas; San Antonio, Texas; Phoenix, Arizona; Albuquerque, New Mexico; Charlotte, North Carolina; Memphis, Tennessee; and Jacksonville, Florida. • GBB will supplement the above information with telephone conduct and/or fax/email survey to assure that the selected cities provide certain benchmarking data on their solid waste systems and services, particularly those data of interest to the City of Fort Worth.1 GBB will make best efforts to obtain such data, but points out that GBB will be relying upon the cooperation of the responding cities. GBB will summarize its findings from the survey in a comparative matrix and offer any appropriate footnotes and/or narrative comments to explain the matrix and augment the summary data. III. Decision-Making Analysis and Workshop (Fee Estimate: $ 9,000) The findings from the field work and research will be analyzed and summarized into a Power Point presentation and handout, with appropriate attachments for information purposes, for use at a City workshop with Council and/or others with regard to presenting and discussing the findings and offer insights 1 Such data would include, but not be limited to, (1) how they deal with the collection and management of brush and bulky waste; (2) how they collect, store, and manage yard waste; (3) how they collect, store and manage garbage; (4)what services they privatize,the extent of privatization, and their experience with privatized services (e.g., pros and cons); GBB would obtain data regarding service levels and, to the extent available, costs of service and method(s)of funding; (5) how they collect and manage recyclables and initiatives they have applied to elevate their waste reduction/recycling rate; and, (6)what public education programs they use and which programs have been more successful and have met with good reception from the target audience. //5/01 VV. ���V��'A Sao and ideas with regard to addressing the key issues highlighted in the Understanding of the Assignment described herein. Messrs. Gershman and Mehaffey will attend and moderate the workshop. The workshop will be help no sooner than three weeks following the completion of the field visits in Task I. Cost and Invoicing GBB will invoice the City on a time and expense basis up to the amount of twenty-nine thousand dollars ($29,000.00). GBB charges will be based upon the Compensation Rate and Fee Schedule included herein. Monthly invoices will be prepared and submitted for the work of the previous month. Payment terms are Net 30 days. /5/01 12 0 GERSHMAN, BRICKNER & BRATTON, INC. COMPENSATION RATE AND FEE SCHEDULE 2,3 POSITION ($ PER HOUR) President 155.00 Sr. Vice President 139.50 Vice President 124.00 Sr. Project Manager/Sr. Project Engineer/ Sr. Associate Engineer 108.50 Project Manager/Sr. Associate 98.25 Project Engineer/Sr. Consultant/Support Director 88.00 Consultant II/Engineer II/Contract Administrator 72.50 Consultant I/Engineer 1 56.75 Art Director/Support Manager 51.75 Administrative Secretary/Word Processor/ 41.25 Editor/Staff Accountant Clerical/Support Staff/Research Assistant/Graphics Coordinator 30.00 Expenses4 Charge Personal Car/Company Car $.325 per mile Local Travel Expenses (tolls, parking) As Incurred Room and Board As Incurred Airfare Coach Class, Discount Fares When Available Car Rental Discount Rate Duplicating $.15 per Copy Long Distance Telephone As Incurred Graphics and Art As Incurred Messenger and Delivery Service As Incurred Subcontractors As Incurred Microcomputer Machine Charges $10.00 Per Hour Facsimile Communications Outbound $0.50 per page 2Effective January 1,2001;subject to adjustment on January 1, 2002. 3 For payments not received within 30 days of invoicing date, interest charge of 1.00% per month will be applied. 4A 10 percent fee will be added to expenses, including subcontractors'costs. 13 I: �V u' c U1 "IU U 7/5/01 City of Fort Worth, Texas "agor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/26/01 **C-18641 21GERSHMAN 1 of 2 SUBJECT PROFESSIONAL SERVICES CONTRACT WITH GERSHMAN, BRICKNER & BRATTON, INC. FOR A SOLID WASTE MANAGEMENT STUDY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Gershman, Brickner & Bratton, Inc. (GBB) for services necessary to conduct a study of solid waste service options, at a cost not to exceed $29,000.00. DISCUSSION: The City Services Department, Solid Waste Management Division is responsible for waste collection and other solid waste services for approximately 142,500 single-family residences within the City. City crews provide 20% of waste collection services, and private contractors provide 80% of total collection services. Of those private contractors, Waste Management of Fort Worth (WM) provides waste collection services for approximately 116,875 residences, as well as recyclable collection services for both its own and City territories. Duncan Disposal provides waste and recyclable collection services for the 1,625 residences in the Lake Country Estates area. Most commercial and multi-family residential waste is collected by private companies and disposed of at various facilities within the region. WM disposes of waste it collects at its own westside landfill. Duncan Disposal disposes of collected waste at the private Mill Creek landfill. City crews dispose of the solid waste they collect at the City's southeast landfill. Because the WM contract with the City expires on September 30, 2002, the City is confronted with several important decisions that will impact the future costs and •direction of its solid waste and recyclables collection and management. For instance, WM's westside landfill has a limited remaining useful life, therefore, it will not be a long-term outlet for the City's residential waste. Other disposal facilities do exist, however, their long-term capacities and future plans are either not yet well-defined or are not yet fully known. On April 24, 2001, the City Council began to address these and other salient solid waste management issues at a special City Council workshop at which a number of solid waste management-related issues were raised. Of the issues raised, there was City Council consensus on a need for enhanced brush and bulky waste collection, as well as increased recycling. On May 29, 2001, in response to the issues raised at the workshop, staff returned, with several proposed approaches or options for future solid waste service provisions. Under proposed Option A, the City would extend the current WM contract an additional three years to allow the City time to explore other service delivery opportunities. Option B proposed that the City immediately begin competitive bidding and negotiations in order to select its preferred services and service delivery mechanism(s). City of Fort Worth, Texas 4VIayor and Council Coninsunication DATE REFERENCE NUMBER LOG NAME PAGE 6/26/01 **C-18641 1 21 GERSHMAN 2 of 2 SUBJECT PROFESSIONAL SERVICES CONTRACT WITH GERSHMAN, BRICKNER & BRATTON, INC. FOR A SOLID WASTE MANAGEMENT STUDY City Council members responded by requesting that staff implement a third option, or Option C. Under Option C, a consultant would be engaged immediately to study solid waste and recyclables collection and management within the City, and then advise the City on the best approach for creating a future solid waste and recyclables management system that is both environmentally sound and in the economic best interest of Fort Worth residents. Based on a subsequent review of vendor qualifications, staff has determined that GBB is the most qualified consultant to conduct the study. For over twenty (20) years, GBB has been dedicated exclusively to solid waste management. In that time, among other activities, GBB has been instrumental in the following: a) More than 200 solid waste management plans and feasibility studies; and b) Over 60 recycling plans, technical assistance and/or local waste collection assignments; and c) 20 recyclable materials recovery facility and transfer station vendor procurements; and d) 25 composting studies, plans and/or procurements (yard waste, sewage sludge, municipal solid waste); and e) Over 25 landfill evaluations, siting studies and operations reviews; and f) Privatization evaluations. GBB has a broad, national client base, including the cities of Baltimore, Maryland, Washington, D.C., Milwaukee, Wisconsin, Seattle, Washington, and New Orleans, Louisiana. Within Texas, GBB has provided solid waste management services to the cities of Plano and Houston. M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the City Manager's Office and approved by the M/WBE Office because the purchase of services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Solid Waste Fund. No funds were budgeted for this purpose, however, savings have been realized in other accounts that will offset this expenditure. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Tom Davis 6300 (from) JUN 26 2001 PE64 531200 0211001 $29,000.00 4 y,)�� Additional Information Contact: l"g City Secretary of the Tom Davis 6300 City of Fort Worth,T,!.