HomeMy WebLinkAboutContract 50774 � 66 7 -9 _
Q CITY SECRETARY
CONTRACT NO._
o PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH(the"City"), a home rule municipal corporation situated in portions
of Tarrant,Parker,Denton,and Wise Counties,Texas,as executed by Valerie Washington,its duly authorized
Assistant City Manager, and Burns & McDonnell Engineering Company, Inc. ("Consultant"), a Missouri
Corporation, as executed by Steve Hoffine, its duly authorized Principal, each individually referred to as a
"party"and collectively referred to as the"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A—Scope of Services,Payment Schedule and Hourly Rates for Optional Services
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.In the
event of any conflict between the documents,the terms and conditions of this Professional Services Agreement
shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with single-stream program recyclable material technical
assistance services. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit
"A," Scope of Services,more specifically describing the services to be provided hereunder.
Consultant warrants that it will exercise reasonable skill, care and diligence in the performance of its
services and will carry out its responsibilities in accordance with customarily accepted professional practices
and applicable laws. Except for the express representations and warranties set forth hereinabove and otherwise
in this Agreement,Consultant does not make any other express or implied warranties or representations of any
kind whatsoever relating to this Agreement or the Services, including any implied warranty of merchantability
or fitness for a particular purpose.
2. TERM.
This Agreement shall commence upon the date of full execution("Effective Date") and shall expire
on September 30, 2019, unless terminated earlier or extended in accordance with the provisions of this
Agreement or agreed upon by written amendment to this Agreement by both parties.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed$49,850 in accordance with the provisions of
this Agreement and the Payment Schedule shown in Exhibit "A," which is incorporated for all purposes
herein.Consultant shall not perform any additional services for the City not specified by this Agreement unless
the City requests and both parties approve in writing the additional scope,schedule,and costs for such services.
Either party may seek a change order for a change in scope schedule and costs related thereto, which must be
agreed upon by both parties by a written amendment to this Agreement. The City shall not be liable for any
additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses
in writing. _.. _
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OFA FMAL RECORD "
CITY SECRETARY
trT,WORTH,TX
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any reason by
providing the other party with 30 days written notice of termination.
4.2 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for
any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall
terminate on the last day of the fiscal period for which appropriations were received without penalty
or expense to the City of any kind whatsoever,except as to the portions of the payments herein agreed
upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the City shall pay
Consultant for services actually rendered up to the effective date of termination and Consultant shall
continue to provide the City with services requested by the City and in accordance with this Agreement
up to the effective date of termination.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any
existing conflicts of interest related to Consultant's services under this Agreement. In the event that any
conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees promptly to
make full disclosure to the City in writing upon its first knowledge of such conflict. Consultant, for itself and
its officers, agents and employees,further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to a third party without the prior written approval of
the City, except to the extent that such disclosure is required by applicable law or court order and then only
after prior notice to and consultation with the City. Consultant shall store and maintain City Information in a
secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify the City promptly if the security or integrity of any City
information has been compromised or is believed to have been compromised.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3)years after final payment under
this Agreement, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of the Consultant involving transactions relating to this Agreement at no
additional cost to the City. Consultant agrees that the City shall have access during normal working hours to
all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The City shall give Consultant at least five
(5)business days' 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 expiration of three(3)years after final payment of
the subcontract, have access to and the right to examine at reasonable times any directly pertinent books,
documents, papers and records of such subcontractor involving transactions related to the subcontract, and
further that City shall have access during normal working hours to all subcontractor facilities and shall be
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provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of
this paragraph. City shall give subcontractor reasonable notice of intended audits.
The audit rights conferred by this section shall not permit the City to access records related to the
pricing of fixed-price or lump sum amounts, the build-up of agreed rates or unit prices, or Consultant's
estimating records.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent contractor as to
all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to
and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive
right to control the details of its operations and activities and be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the
doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and
employees, and Consultant, its officers, agents, employees; servants, contractors and subcontractors.
Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between City and Consultant.
S. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS
CITY AND ITS OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEY'S FEES AND EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND
THIRD-PARTY PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT
OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR
SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.THE
CONSULTANT SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY CLAIM
ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT
IS THE FAULT OF THE CONSULTANT, AND/OR ITS AGENTS, EMPLOYEES, OR
SUBCONTRACTORS, OR OTHERS FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE.
NOTWITHSTANDING THE FOREGOING, CONSULTANT AGREES, TO THE FULLEST
EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS
OFFICERS, AGENTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES,
INCLUDING REASONABLE ATTORNEYS'FEES AND EXPENSES,RESULTING FROM CLAIMS
BY THIRD PARTIES FOR PERSONAL INJURIES (INCLUDING DEATH) OR PROPERTY
DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF
CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE
PERFORMANCE OF PROFESSIONAL DESIGN AND ENGINEERING SERVICES UNDER THIS
AGREEMENT. CONSULTANT SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY
CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE
NEGLIGENCE OR WILLFUL MISCONDUCT.
9. ASSIGNMENT AND SUBCONTRACTING.
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Consultant shall not assign or subcontract any of its duties,obligations or rights under this Agreement
without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall
execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by
the duties and obligations of Consultant under this Agreement, and Consultant shall have no further liability
or obligations under the assigned portion of the Agreement. If the City grants consent to a subcontract, the
Consultant shall require such subcontractor to execute a written agreement with the Consultant referencing this
Agreement and requiring subcontractor to be bound by duties and obligations substantially similar to those of
the Consultant under this Agreement as such duties and obligations may apply to the subcontractor's scope of
services. The Consultant shall provide the City with a fully executed copy of any such subcontract upon
request, with any financial and proprietary information redacted.
10. INSURANCE.
Consultant shall provide the City with certificate(s)of insurance documenting policies of the following
coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of the providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq.,
Tex. Rev. Civ. Stat.) and policy limits for Employers' Liability of $100,000 each
accident/occurrence,$500,000 bodily injury disease policy limit and$100,000 per disease per
employee.
(d) Professional Liability(Errors&Omissions)
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$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the contractual
agreement and for two(2)years following completion of services provided.An annual
certificate of insurance shall be submitted to the City to evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any services
pursuant to this Agreement. All policies except Workers' Compensation and Professional
Liability shall be endorsed to name the City as an additional insured thereon, as its interests
may appear. All policies except Professional Liability and Employer's Liability shall contain
a Waiver of Subrogation for the benefit of the City of Fort Worth. The term City shall include
its employees, officers, officials, agent, and volunteers in respect to the contracted services.
Any failure on the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement. A minimum of thirty (30) days' notice of
cancellation of coverage shall be provided to the City. 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 the Risk Manager,City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same
address.
10.3 Waiver of Subrogation for Property Insurance.
The City and Consultant waive all rights against each other and their officers,officials,
directors, agents, or employees for damage covered by builder's risk insurance during and
after the completion of Consultant's services. If the services result in a construction phase
related to the project, a provision similar to this shall be incorporated into all construction
contracts entered into by the City,and all construction contractors shall be required to provide
waivers of subrogation in favor of the City and Consultant for damage or liability covered by
any construction contractor's policy of property insurance, including builder's risk provided
by such contractor,if applicable.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and
regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations,
Consultant shall promptly desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
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Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations
hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have
been delivered when (1)hand-delivered to the other party, its agents, employees, servants or representatives,
(2) delivered by facsimile with electronic confirmation of the transmission, or(3) received by the other party
by United States Mail,registered,return receipt requested, addressed as follows:
To The CITY: To CONSULTANT:
City of Fort Worth Burns&McDonnell Engineering Company,Inc.
Attn: Valerie Washington Scott Pasternak
200 Texas Street 8911 Capital of Texas Highway, Suite 3100
Fort Worth TX 76102-6311 Austin, TX 78759
Facsimile: (817)392-8654 Facsimile: (713) 622-0224
14. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers.
15. NO WAIVER
The failure of the 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 the City's or Consultant's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
16. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any
action,whether real or asserted, at law or in equity, is brought on the basis of this Agreement,venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
17. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired.
18. FORCE MAJEURE.
The 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 (force majeure), including, but not limited to,
compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires,
strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
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19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
20. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting
party shall not be employed in the interpretation of this Agreement or exhibits hereto.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed by
an authorized representative and delivered on behalf of such party.
22. ENTIRETY OF AGREEMENT.
This Agreement contains all of the covenants, statements, representations and promises agreed to by
the parties. To the extent of any conflict,this Agreement supersedes the terms,conditions,and representations
set forth in the City's Request for Proposals, Consultant's Proposal and revised cost. No agent of either party
has authority to make, and the parties shall not be bound by, nor liable for, any covenant, statement,
representation or promise not set forth herein. The parties may amend this Agreement only by a written
amendment executed by both parties.
23. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this
agreement on behalf of the respective party, and that such binding authority has been granted by proper order,
resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this
warranty and representation in entering into this Agreement.
24. LIMITATION OF LIABILITY.
NEITHER THE CITY NOR CONSULTANT SHALL BE LIABLE TO THE OTHER FOR ANY
INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF PRODUCTION, COSTS
OF CAPITAL NON-OPERATION OR INCREASED EXPENSE OF OPERATION OF OTHER
EQUIPMENT OR SYSTEMS, INJURED REPUTATION, COSTS OF SUBSTITUTE EQUIPMENT,
FACILITIES OR SERVICES, DOWNTIME COSTS, OR CLAIMS BY CUSTOMERS, WHETHER
LIABILITY IS BASED ON CONTRAT, WARRANTTY, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE. SUCH WAIVER SHALL NOT INCLUDE PENALTIES ENFORCED BY
GOVERNMENTAL OR REGULATORY AGENCIES WITH JURISDICTION, SUCH AS THE
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), TO THE EXTENT CAUSED
BY CONSULTANT'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF
CONSULTANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
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SUBCONSULTANTS, OR ANY OF THEM, TO THE CITY AND ANYONE CLAIMING BY,
THROUGH OR UNDER THE CITY, FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES,
COSTS OR DAMAGES WHATSOEVER ARISING OUT OF,RESULTING FROM OR IN ANY WAY
RELATED TO THE SERVICES OR THIS AGREEMENT FROM ANY CAUSE INCLUDING,BUT
NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT, OR WARRANTY (EXPRESS OR IMPLIED) OF
CONSULTANT,ITS OFFICERS,DIRECTORS,EMPLOYEES,AGENTS OR SUBCONSULTANTS,
OR ANY OF THEM, SHALL NOT EXCEED ONE MILLION DOLLARS ($1,000,000). THE
PARTIES AGREE THAT SPECIFIC CONSIDERATION HAS BEEN GIVEN BY THE
CONSULTANT FOR THIS LIMITATION AND THAT IT IS DEEMED ADEQUATE.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this day
of , 2018.
CITY O FORT WORTH
By:_ Vooz"-'�
Valerie Washington
Assistant City Manager
Date: SWo ° T
(e6 �
o�,... .�o
ATTEST: f- _
By:amV--atN.
Mary Kayser
City Secretary
APPROVED AS TO FORM AND LEGALITY:
By: 041M .
V. Chr to R.Lope - eynol OFFICIAL.RECORD
Sr.Assistant City Attorney CITY sacRETARY
FT WORTH9 TX
No M&C Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,
including en ing all performance and reporting requirements.
G(iyk�
Name of Employee
Title
SIGNATURE PAGE FOR RECYCLABLES AUDIT CONSTULTANT CONTRACT
Page 8 of 9
BURNS &MCDONNELL ENGINEERING
ENGINEE COMPANY,INC.
By:
Stev of me
Principal �T
Date:
WITNESS: —�
By:
Print:
Page 9 of 9
BURNS �MSDONNELL
April 19,2018 Exhibit A
Mr. Robert Smouse,Assistant Director
Mr.Joao Pimentel, Senior Planner
City of Fort Worth
Code Compliance Department/Solid Waste Services Division
4100 Columbus Trail
Fort Worth,Texas 76133
Re: Single-stream Program Recyclable Materials Audit Technical Assistance
Dear Mr. Smouse and Mr. Pimentel:
Burns&McDonnell assisted the City of Fort Worth(City)with the recent solicitation for single-stream program
recyclable materials and resource recovery services(RFP 18-0149).After thorough consideration of proposals
received,the City deemed it to be in the best interest of the City to contract with Republic Services of Fort Worth
(Republic)for the processing of single-stream program recyclable materials. Republic Services commenced services
on April 1,2018.
The composition of incoming material impacts the cost/value of the single-stream program recyclable materials
processing contract. Therefore,the City and Republic agreed to conduct quarterly audits of materials collected via
the residential curbside program. The first quarterly audit is planned for June 2018.The protocol for the audit is set
forth in Exhibit B of the contract.
Burns&McDonnell is pleased to offer our services to provide technical assistance to the City related to the single-
stream program recyclable materials audits.This letter describes the scope of services to be provided by Burns&
McDonnell and the associated fees.
SCOPE OF SERVICES
Task 1: Audit Procedures Workshop
Based on our experience conducting audits,we propose to facilitate a workshop with City staff to prepare for the
first audit in June 2018. Burns&McDonnell Project Manager and Lead Audit Consultant will facilitate a half-day
workshop to discuss the audit procedures set forth in Exhibit B of the contract. The audit procedures workshop will
include discussion of the following topics:
► Facility requirements for personal protection equipment and other safety requirements
► Schedule for audit including route selection and audit date
► Procedure for collection or residue/contamination samples
► Location and procedures for storage of audit loads and residue/contamination samples
► Facility walk thru day prior to audit
► Facility walk thru prior to and upon completion of audit on day of audit
► Procedures to provide City staff observation of processing,weighing,recording,etc.
► Overview of calculation of audit results
► Key items to observe prior to,during, and upon conclusion of audit
Burns&McDonnell requests that the City coordinate that the appropriate individuals are in attendance. Burns&
McDonnell recommends the City invite Republic to participate in a portion of the workshop. If possible,we
8911 Capital of Texas Highway\Building 3,Suite 3100\Austin,TX 78759
0 512-872-7130\F 512-872-7127\burnsmcd.com
BURNS �MSDONNELL
Mr.Robert Smouse
Mr.Joao Pimentel
April 19,2018 Exhibit A
Page 2
recommend the workshop include a walk thru of the Materials Recovery Facility(MRF). Burns&McDonnell will
deliver a memorandum summarizing the key decisions of the audit procedures workshop.
Bums&McDonnell is conducting an audit for City of Dallas on May 21.The budget confirms the audit procedures
workshop was conducted on the morning of May Yd in an effort to minimize travel costs.
Task I Deliverables
► Meeting agenda and other handout materials,including a list of issues to be discussed during the audit
procedures workshop
► Participation of Bums&McDonnell Project Manager and Lead Audit Consultant in the audit procedures
workshop
► Memorandum that summaries the key decisions of the audit procedures workshop
Task 1: Audit Training and Observation for the First Quarterly Audit with Republic
Bums&McDonnell's efforts will focus on providing training for City staff on conducting audits and observing
audit procedures to confirm compliance with the contract.
On the day prior to the first quarterly audit,the Burns&McDonnell Project Manager and Lead Audit Consultant
will meet with City staff and Republic to conduct a walk thru of the MRF.Bums&McDonnell will meet with City
staff and Republic following the walk thru to discuss any issues observed that may impact the audit(i.e.
performance of equipment,storage of audit loads,etc.).
On the day of the audit,the Bums&McDonnell Project Manager and Lead Audit Consultant will observe the MRF
operations including the following:
► Review whether audit procedures are consistent with terms of the contract between the City and Republic
► Gain a better understanding of the types and quantity of contamination
► Observe whether the MRF is being operated in a manner that is consistent with industry practices with
regard to staffing,equipment processing and facility operations
► Provide perspectives based on MRF operational experience
Bums&McDonnell budget assumes we will provide audit training and observations for the first audit in June 2018.
Upon request of the City,Burns&McDonnell may provide audit training and observation at additional audits.
Task 2 Deliverables
► Participation of Burns&McDonnell Project Manager and Lead Audit Consultant in the first quarterly
audits
Task 3: Analysis and Report
The data,once checked for quality assurance,will be entered by Burns&McDonnell into a composition model.
This model has been designed to use a Microsoft ExcelTM platform.Results will indicate the percentage and annual
tonnage of each material in the recycling stream received at the MRF.In addition,the model will calculate any
adjustment if Republic does not achieve the 95%recovery rate.
Burns&McDonnell will compile the findings and results of the first quarterly audit into a written report. Bums&
McDonnell will develop a draft report that includes:
► Description of the project methodology
► Recyclables characterization results
BURNSI MSDONNELL
Mr. Robert Smouse
Mr. Joao Pimentel
April 19,2018 Exhibit A
Page 3
P. Program recyclable materials recovery rate
P. Other key observations
An electronic version of the draft report for the first quarterly audit will be forwarded to the City for review.Upon
receiving the consolidated comments from City staff and resolving the issues,we will finalize the report and forward
to the City in electronic format. Upon request of the City,Burns& McDonnell may provide analysis and report for
additional audits.
Task 3 Deliverable(s)
► Draft report for the first quarterly audit
► Final report for the first quarterly audit
► Composition model in Microsoft Exce1TM platform
Task 4: Audit Plan
The Audit Plan will be developed to provide a more detailed understanding of key aspects of the audit, intended to
serve as a"how to"document for City staff and Republic.The Audit Plan will be tailored to reflect the City's
contract with Republic and Republic's MRF.The document will include:
► Key action items
► Description of key action items
► Identification of lead(i.e. City or Republic)
► Target completion date
Following the initial audit, Burns&McDonnell Project Manager and Lead Audit Consultant will meet with City
staff to discuss the Audit Plan.An electronic version of the draft Audit Plan will be forwarded to the City for review.
Burns&McDonnell requests the City provide consolidated comments to the draft Audit Plan. Burns&McDonnell
will incorporate City's comments into the final Audit Plan.
Task 4 Deliverable(s)
► Draft Audit Plan
► Final Audit Plan
Task 5: Additional Services
If requested,Burns&McDonnell can provide additional services to assist the City.This assistance may include but
not be limited to the following services:
► Additional audit training and observations
► Analysis and reports for additional audits
► Other additional services
Additional audit training and observation and/or analysis and reporting for additional audits will be provided for a
fixed fee provided in the Budget section below. Other additional services will be billed to the City on a time and
expense basis,based on the billing rates provided in the Budget section below.If requested, we can develop a
specific scope of work for future requested services.
BURNS 1%ME-DONNELL
Mr.Robert Smouse
Mr.Joao Pimentel
April 19,2018 Exhibit A
Page 4
BUDGET
Burns&McDonnell will complete Tasks 1 —4 for a fixed fee of$20,540.These costs include participation of Burns
&McDonnell Project Manager and Lead Audit Consultant in the fust quarterly audits(Task 2).In addition,these
costs include analysis and reporting for one quarterly audit(Task 4).
We have provided a budget allowance for Task 5 (total of$29,310)if the City requests Burns&McDonnell to assist
with additional audits or other additional services,but these services will not be provided unless we receive written
authorization from the City. With the additional services,the total proposed budget is$49,850.The costs in the
following table include professional fees and out-of-pocket expenses.
Task 1:Audit Procedures Workshop $2,680
Task 2: Audit Training and Observation $8,040
Task 3: Analysis and Report 2 $4,670
Task 4: Audit Plan $5,150
Task 5: Additional Services 3 $29,310
Total $49,850
1. Upon request of the City,Burns&McDonnell may provide audit training and observation for additional audits for a fixed
fee per additional audit of$6,720 for two Bums&McDonnell team members or$3,390 for one Bums&McDonnell team
member.Additional audits would be funded via Task 5.
2. Upon request of the City,Burns&McDonnell may provide analysis and report for additional audits for a fixed fee per
additional audit of$3,050.Additional audits would be funded via Task 5.
3. Services for Task 5 will not be provided unless we receive written authorization from the City. We will also develop
customized task authorizations as requested.
The following table provides hourly rates for services that will be provided on an hourly basis based on Burns&
McDonnell 918 standard rate sheet.These proposed billing rates are in effect through December 31,2018.In
addition,we will have a computer charge of$4.75 per hour.
Team Member Title Hourly
Billing Rate
Project Manager $235
Senior Consultant $228
Lead Audit Consultant $197
Consultant 2 $143
Consultant 1 $118
Administrative $88
BURNSI MSDONNELL
Mr. Robert Smouse
Mr.Joao Pimentel
April 19,2018 Exhibit A
Page 5
CONCLUSION
Burns&McDonnell appreciates the opportunity to work with the City.Please contact Scott Pasternak at(512) 872-
7141 to discuss any questions, or to determine how we should proceed.
Sincerely,
Scott Pasternak
Senior Project Manager