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HomeMy WebLinkAboutContract 45774 Cl-ff 8600AW CONMCTNO.:�-Lt�TP 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 sintated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Charles Daniels, its duly authorized Assistant City Manager, and GERSHMAN, BRICKNER & BRATTON, INC. ("Consultant,"), a Maryland Corporation and acting by and through Harvey William Gershman, its duly authorized President, each individually referred to as a"party" and collectively referred to as the 66parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: I. This Agreement for Professional Services 2. Exhibit A-- Scope of Services plus any amendments to the Scope of Services 3. Exhibit B—Payment Schedule 4. Exhibit C Project Schedule 5. Exhibit D Rate Schedule 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 ten-ris and conditions of this Professional Services Agreement,shall control. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional services for the purpose of the development of a 20-year (2015-2035) comprehensive solid waste management plan. 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. The City shall issue a Notice to Proceed for the Scope of Services identified in Exhibit 11A71, and Consultant shall commence the Scope of Set-vices upon receiving such notice.The project schedule is identified as Exhibit"C". 2. TERM This Agreement, shall commence upon on the to this Agreement is fully executed ("Effective Date") and shall expire on the last to of the twenty-fourth month from the Effective Date, unless terminated earlier in accordance with the provisions of this Aggreenient, or agreed upon in writing by both parties by amendment to this Agreement. M Cl) M Z 3. COMPENSATION. M C3 The City shall pay Consultant an amount not to exceed $299,700.00 in accordance with the C= provisions of this A gre ement and the Payment Schedule attached as Exhibit"B,"which is incorporated r- bo for all purposes herein. Payment shall be made to the Consultant on a percent completion of each task. co Consultant will estimate the percent completed. for each task and will bill the City monthly. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. In the event additional services are agreed upon, the Rate Schedule attached as Exhibit "D" can be used as the basis for invoicing for .............I-- OFFICIAL RECORD p 2420 C1 I Y C SERETARY FT.WORTH,TX ............. ................. ..................... ........................................... additional services. 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. 4. TERMINATION. 4.1. MLnLtten 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 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 appropriatecL, 4.3 Duties and Ohl 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 to 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 to of termination, 5. DISCLOSUPW OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant bereby wan-ants to the City that Consultant has made full disclosure in writing of any existing or potential 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 immediately to make full disclosure to the City in writing. 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 info nnation to a third party without the prior written approval of 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 co pt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been com pro nused or is believed to have been con promised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration oft (3) years after final payment under this contract,, 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 Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consult facilities and shall be provided adequate and appropriate work space in or 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 expiration oft ee (3) years after final Professional Services Agreement- Gershman,Brickner&Bratton,Inc., Page 2 of 20 ............................. ........... 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 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. 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. 8. LIABH ITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL PERSONS, OF ANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. 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. The following firms are agreed to by the City for GBB to enter into such written agreements: Arredondo, Zepeda & Brunz LLC, Risa Weinberger& Associates, Inc., and Open Channels Group. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. Professional Services Agreement—Gershman, Brickner&Bratton, Inc., Page 3 of 20 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the fbilowing minimum coverage limits that are to be in eff ect prior to commencement of any work pursuant to this Agreement: 10.1 Covera nd e� LLi (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 injury jury 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 minimum policy, limits for Employers' Liability of $100,000 each accid ent/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Professional Liability(17hors&Or missions) $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 policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims- de, and maintained for the duration of the contractual agreement and for two (2) years following completion of services Professional Services Agreement -Gershman,Brickner&Bratton,hic., Page 4 of 20 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 work pursuant to this Agreement. All policies except Workers' Compensation shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies 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 or reduction in limits 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. 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 immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. 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. If any claim arises from an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 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 Gershman,Brickner&Bratton, Inc. Attn: Charles Daniels Harvey Gershman 1000 Throckmorton Street 8550 Arlington Boulevard, Suite 304 Fort Worth TX 76102-6311 Fairfax,VA 22031 Facsimile: (8 17) 392-8654 Facsimile: (703) 698-1306 Professional Services Agreement:--Gershman,Brickner&Bratton, Inc., Page 5 of 20 14. SOLICITATION OF]EMPLOYEES. Neither the City nor Consultant shall, during the to of this agreement and additionally for a period of one year aft er its termination, solicit for employment or employ, whether as employee or independent contractor, a n y person who is or has been employed by the other during the term o f t his agreement, without the prior written consent of the persods employer. 15. 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. 16. 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 pert.brrnance or to assert any such right on any future occasion. 17. 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. 18. SEVERABRATY. 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. 19. 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 ornission in performance due to force majeure or of 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 goverrimental authority,transportation problems and/or any other similar causes. 20. READINGS NOT CONM.OLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. 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 ambiguifies are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. Professional Services Agreement—Gershman,Brickner&Bratton,Inc., Page 6 of 20 22. 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. 23. 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 and the Consultant's Proposal and revised scope of work and cost estimate. 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. 24. 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. [SIGNATURE PAGE FOLLOWS] Professional Services Agreement—Gershman,Brickner&Bratton,Inc., Page 7 of 20 ^ � TN S WHF OFD the artier hereto have executed this Agreement in multiples s _� of •,, ,2014m CI'T OF FORT WORTH e GERSHMANBRICKNER&BRAT170N,INC. ya lot BY: harles Daniels ary William G man tant City Manager President .•. Date: 497 21. .._,�........... �_ Date: H ATTEST: ATTEST- FO/ By- city etary w. .,0 % ., Nk GOOOOO APPROVED AS TO FORM AND LEGALITY: By: "-k1Q R -kM-- Assis ant City.AttoA CONTRACT AUTHORIZATION: M&rC: . Date Approved: OFFICIAL CITY SECRETARY FT. WORTH�TX Professional Services Agreement -Gershman,Brickner&Bratton,Inc age 8 of 20 EXHIBIT A SCOPE OF SERVICES Consultant will evaluate and report on the effectiveness of the City of Fort Worth Solid Waste Management Plan 1995-2015 in achieving waste reduction and disposal goals laid out in that Plan. Consultant will recommend new strategies and goals that will allow the City to make further progress in reducing waste, maximize resource recovery, maximize diversion, extend the life of its landfill, and eventually create local jobs. As part of the Comprehensive Solid Waste Management Plan (CSWMP) development process, Consultant will examine waste reduction opportunities for all of the City's major waste streams. The CSWMP must consider the City's waste reduction and resource recovery opportunities over a 20-year horizon (through 2035) considering projected population growth and local waste management trends. The City expects the CSWMP to be composed of 3 specific documents: the CSWMP proper, a Capital Improvement Plan (CIP) and a Disaster Debris Management Plan (DDMP). In order to allow City staff to carry out regular updating of the CSWMP, Consultant will provide to the City the working files (Word, Excel, Power Point, etc.) used in the development of the CSWMP. In addition to the final CSWMP document as an Adobe PDF and printed document, Consultant will transfer the Microsoft Word file of the final CSWMP, Microsoft Excel files of tables and figures presented in the CSWMP, templates of public meeting handouts and presentations, and Microsoft Excel models used in the development of the Capital Improvement Plan to the City. The CSWMP shall have at least the following main parts and elements: Task 1: Executive Summary 1 Assessment of the City of Fort Worth Solid Waste Management Plan 1995-2015 2 Solid Waste Industry Trends,Policies and Regulatory Review 3 Assessment of the Citywide Sustainability Efforts 4 Assessment of the Social and Environmental Impact of the CSWMP 5 Assessment of the Public Health and Safety aspects of the CSWMP 6 Assessment of Economic Development Opportunities 6.1 Expanding Recycling in Fort Worth 6.2 CNG Public/Private Refueling Locations 6.3 Commercial Compost&Mulch 6.4 Maximization of Value Extraction 6.5 Development of New Markets and Businesses 6.5.1 Recommend methods to encourage and promote markets for reclaimed and recycled materials, and the establishment and growth of local businesses that use reclaimed and recycled materials 6.5.2F,vatuate and recommend methods to establish local businesses that use reclaimed and recycled matenals as a feedstock for manufacturing new products 6.5.313valuate and recommend methods to promote the use of reclaimed and recycled materials in construction 6.5APerforin cost/benefit analysis of any recommendations made that require City contributions or participation 6.5.5 Export Markets and Market Diversification 7 Define the CSWMP's objectives that will provide a framework for evaluating potential pro rani alternatives and the establishment of strategic goals. Task 2: Data Gathering and Analysis Data Gathering anal Analysis: The CS is, in many ways, a discussion of how the City has and will impact and aff ect various components of the solid waste niariagement system; it sets forth goals for those efforts. The City of Fort Worth intends to have a positive and lasting impact via the CS P, on all aspects of the residential collection,ICI sector services,public space recycling and waste diversion,reuse, material and energy recovery, disposal, sustairtability efforts, extended producer responsibility, and public education. City laws and agency policies affecting solid waste will be evaluated for effectiveness,best practices, and the extent to which they accurately reflect the intentions and programs the City is or will be implementing. Consultant will research and analyze existing available planning related data and information,which are pertinent to the alternatives development process, I Collect and assemble historical and current background information including population information and area specific densities; waste generation and composition, disposal and landfill diversion figures; current programs, policies and facilities that handle the City's solid waste and associated materials such as the collection systems for solid waste, single-stream recyclables and green waste, reuse facilities, MRI,s, composting facilities, construction and demolition(C&D) recycling, waste conversion facilities (as applicable), and transfer stations and landfills- .active and closed ones. 2 Collect, review and analyze information pertaining to local and regional growth i. pacts to the City's service area(s) and apply these growth impacts to the current Solid Waste Management Division services,programs, and facilities. 3 Review and evaluate currently existing Solid Waste Management Division services, programs, and facilities, including assessments of completeness of City coverage, usefulness, participation rates, success (or lack of), throughput capacities, and availabilities (as applicable) and ease of ability to modify (expand, reduce or eliminate) the Solid Waste Management DhIsion's system components taking into account local and regional growth impacts. .......................... 4 Review, evaluate and assess new City initiatives as they relate to solid waste such as, assessing plans for completeness of City coverage, potential usefulness, potential participation rates, possibilities for success (or lack of), throughput capacities, and availabilities (as applicable) and applicability to the current Solid Waste Management Division's system taking into account local and regional growth impacts. 5 In view of the data gathered and analyzed, Consultant will develop best practices to service the needs of the City, helping the City make the best operational, budgetary, and organizational changes going forward. Task 3: Identification and Evaluation of Alternatives Consultant will identify and evaluate alternative programmatic and/or policy strategies — ranging from funding basic programs and services to changing customer behavior to increasing recycling rates — to achieve the City's financial, environmental and social goals associated with resource recovery and material management. Consultant shall evaluate: 1 Public outreach, engagement, and education 2 Source reduction and material reuse 3 Collection programs and frequency 4 ICI waste capture 5 Processing technologies 6 Commodity markets 8 Sustainability of operations; conceptual cost estimates and financing options for key strategies considered 7 Economic development alternatives; business' incentives and market creation 9 Regulatory alternatives Task 4: Public Outreach Public Outreach: A successful Comprehensive Plan will ensure that the policies, programs and facilities needs therein identified meet the community's needs and are embraced by the community's stakeholders. Conducting a transparent decision-making process by engaging community members early on and working with them throughout the planning process can enhance the community's acceptance of new policies and facilities and support in paying for new programs. Consultant will: 1 Develop and carry out public survey to garner overall public response to factors affecting services, operations, and rates 2 Develop a maximum of six(6)web-ready fact sheets for the City's website 3 of a imnimuni of six (6) Plan Workshops with key stakeholders: public officials, officials of other governmental entities (such as school districts), academic members, local and regional planners, policy makers, industry representatives,businesses representatives,interested general public 4 of a minimum of two(2)0 en Houses for the general public to convey information and gather input P 5 of a minimum eight(8)one-on-one meetings with solid waste and recycling company representatives to determine their interest and key issues 6 Make a mininnun of three (3) public presentations before City Council during the development of the Plan 7 Schedule at least one(1)public hearing prior to the adoption.of the Plan Task 5: Strategic Planning/Recommendation Based on the alternative progranis and policies identified and evaluated, Consultant will develop the preferred strategies and program options. Consultant will make reconnnendations regarding public education, solid waste collection, capture of new streams, processing facilities, commodity market creation and/or expansion; on ways to expand not only recycling but value extraction and remanufacturing, commercialization of compost and mulch operations, support of emerging alternative fuel networks, and promotion of reduction,reuse, repair, and reclamation enterprises. Task 6: Present and Future Funding StrIIgdg&AMIIIAI A 20-year CSWMP requires sophisticated analysis of financial projections and funding inechanisms, and the foresight to accornmodate future developments in population growth, technology shifts, and changes in the waste stream volume and composition. At the same time, a 20-year CS empowers, the conimunity to utilize long-term contracts for services and facilities­as Fort Worth has one historically--- and thereby benefit from operational steadiness and stabilized costs. Consultant will evaluate the financial and budgetary activities of the Solid Waste Services Division and will discuss fees and fee structures; ratepayers and tax payers; funding mechanisms; budget limitations; per-ton charges, fees and costs; and cost/benefit analysis for all services and fheilities. Consultant will review current financial and operational systems,assess existing and projected needs,and atialyze public-private partnersbip opportunities. 1 Review and evaluate currently existing and planned private sector and other governmental entity's solid waste related services, programs and facilities within the City's waste shed in regards to: capacity, cost, quality, efficiency and effectiveness. 2 Identity any urmiet needs, and make recommendations for meeting those needs through private sector providers, public-private partnerships, partnerships with other governmental entities in the region, and/or direct City service provision. 3 Examine existing tools, models, and/or case studies which foster development of partnerships (public- public and public-private). 4 Examine alternate system funding strategies and potential costs/revenues to include but not limited to conunercial franchising, grants of privilege,waste-tire tax,etc. Consultant will develop a Microsoft PowerPoint presentation, in collaboration with City staff, for presenting the final CSWMP to City Council. Task 7: 20-Year Implementation Plan 1 Capital Improvement Plan Consultant will develop an implementation plan that will describe the specific activities associated with the implementation of each selected strategy and program option. A timeline projecting when new services,programs and facilities will be online shall be developed, and shall include where those facilities could potentially be located. Estimates of the capital improvements and operating costs for these services, programs and facilities, and projected annual diversion rates for existing and newly planned services, programs and facilities shall also be included. For each activity listed in the Implementation Plan, Consultant will: 1 Describe each activity to be taken; 2 Establish the date(s)the activity will be carried out; 3 Identify the responsible party(ies); and 4 Determine the projected annual diversion rate and the operating and capital cost. Consultant will also develop a Capital Improvement Plan (CPI) based on the strategic plan that coordinates all selected services, programs and facilities. The CPI will include year-by-year details of services, programs and facilities needed by type and their potential location. The CPI will identify as well funding mechanisms to pay for services, programs and facilities. Consultant will work with the City to establish an affordable project sequence based on funding resources. Task 8: Disaster Debris Management Plan As an integral part of the CSWMP, Consultant will prepare a Disaster Debris Management Plan(DDMP) that will provide the City of Fort Worth with a comprehensive disaster debris management plan for responding to either a natural or man-made disaster. The DDMP will have the following main parts and elements: 1. Roles and Responsibilities— Consultant will coordinate with Fort Worth's solid waste management department to develop an organizational structure for managing potential disaster events. The DDMP will provide a complete organizational structure for managing a range of potential disasters. Specific tasks that will be performed as part of this section of the DDMP will include the following: • Review the current Emergency Management Program for the City of Fort Worth • Define Solid Waste Management's current role in the Emergency Management Program • Define federal, state and local roles in managing debris during disaster events; • Interview staff to identify potential organizational or communications issues that resulted in inefficiencies during recent disaster events;and, • Identify methods of communication in the event of a disaster 2. Debris Forecasting for a Disaster Event—Consultant will identify potential disaster events that may occur in Fort Worth and provide ranges of estimates of debris that may be generated and the types of debris generated from each type of event. Data from previous regional events, from N(,',TC0 ' as well as Isla A, shall be used to develop forecasts.The following is a list of specific types of disasters that will be evaluated: a. Natural Disaster,-, ■ Floods • Tornadoes ■ Major Storms ■ Hail Storms • Drought ■ Seismic events ■ Fires b. Man-made Disasters • Terrorism • Bombings ■ Fires ■ Train derailment ■ Explosions ■ Spill's For the above potential disasters, Consultant will provide charactefistics of materials generated. Materials may include the following: • Vegetative Debris ■ Construction and Demolition Debris ■ Hazardous Waste ■ to Goods ■ Soil,Mud,and Sand ■ Vehicles and Vessels ■ Putrescent Debris ■ Infections Waste ■ Chemical,Biologtical,Radiological,and Nuclear-Contanimated Debris ■ Garbage 3. Debris Collection Strategy — Consul. t. will develop a collection strategy for the various types of disasters that may occur.This task will include the following elements: a. Review the (Aty's current collection contracts to determine existing responsibilities and fees for collection of disaster debris; b. Provide recommendations on contract amendments to clarify responsibilities for debris collection and rates(rates that will be in conformance with FEMAstandards); c. Identify potential City owned vel-iicles for collecting materials; and, d. Identify the potential for regional collaboration in managing the collection of disaster debris, ...... ...... 4. Debris Management Sites — Consultant will identify potential temporary and permanent debris management sites for various types of disasters. Specific tasks will include the following: a. Review existing disaster debris management sites and the status of these sites; b. Interview City staff to identify other City-owned properties that could be candidates for temporary or permanent disposal sites; c. Establish site criteria including TCEQ siting criteria, size of property, current use, access, environmental conditions and geographic distribution; d. Identify existing equipment on site that may be used; e. Identify any permits or TCEQ authorizations that would be required to use site for disaster debris management; f. Evaluate up to eight potential sites assuming two sites in each of four quadrants of the City; g. Make recommendations to management for sites to be used in the event of a disaster event; and, h. Identify current Type I or Type IV landfills or processing facilities located in the region that could be used for disposal or processing of disaster debris. 5. Debris Reduction/Recycling Methods—Consultant will identify reduction/recycling options for management of disaster debris. A review of the positive and negative attributes of these options will be presented for incineration, chipping and grinding, and recycling. 6. Contracted Services— Consultant will expound the types of contract methods that can be used for managing disaster debris, in accordance with FEMA guidelines for procurement and contracting. Consultant will also identify contracting issues that are prohibited by FEMA for reimbursement. 7. Monitoring Debris Removal— In order to assure reimbursement from FEMA for City incurred costs, Consultant will make recommendations on monitoring debris removal. The DDMP will present information on the following topics: a. Staff responsibilities; b. Force Account Resources; c. Outsourcing Monitoring Duties; d. Debris Monitor Reports; e. Truck Certification List; f. Load Ticket System; g. Equipment;and, h. Monitoring Tips. 8. Planning for Private Property Debris Removal and Demolition— Consultant will work with City staff to prioritize private property removal, focusing on access for EMS, utilities, public access and immanent public hazards. The DDMP will provide inlormation regarding the City's current codes regarding the following: a. Legal Documentation for Demolition b. Demolition Permitting c. Inspections d. Mobile Home Park Procedures 9. Health and Safety Strategy — Consultant shall identify and expound the health and safety considerations for disaster debris management,referring existing City codes and standards for managing municipal solid waste and hazardous waste. 10. Public Information Strategy— Consultant will develop a public information strategy for a debris management event. Information that will need to be provided to the public shall include the following: a. Collection b. Debris Management Sites c. Update and Redistribution 11. FENIA Public Assistance Operations— The DDMP will provide information on current FEMA's Public Assistance Program, program eligibility, cost reimbursement, process for reimbursement, and further planning assistance that may be available and other program criteria. EXHIBIT B PAYMENT SCHEDULE Payment will be made on a percent completion of each task. GBB will estimate the percent completed for each task and will bill the City monthly. Payment on invoices is expected within 30 days of invoice receipt. Task 1 Executive Summary $ 22,700.00 Task 2 Data Gathering and Analysis $ 20,000.00 Task 3 Identification and Evaluation of Alternatives $ 40,000.00 Task 4 Public Outreach $100,000.00 Task 5 Strategic Planning/Recommendations $ 42,000.00 Task 6 Present and Future Funding Strategies Analysis $ 15,000.00 Task 7 20-Year Implementation Plan/Capital Improvement Plan $ 15,000.00 Task 8 Disaster Debris Management Plan $ 45,000.00 TOTAL $299,700.00 P 1 I f i Iii I � I i l ' i I .I � iI II i IIi ! I ! 1i _. II ! I 1 I I � I J I hhh I J z i I I I t I W LLJ I- H 3: + ii � ! j jj 1 li if W O i h I I I �I I r I_� I i I I II If W I � I I n I i i i..� . . J I '� ' I kk ! II j r ' J I { I i � lil 11 iJ i ! � J i8 � . I(I I �0( I a 99 a5 ' `� �� IS "6' i Ir '�' E�rt'es i T-77 � I I[ Tj uj LAj LLI 1 J I l 1 r vi ... ... .i ...._� Y ...... w i � III I j i � lii I LLJ � 1 .,_' ..�. _ a EXHIBIT D RATESCHEDULE For additional tasks required beyond this original scope,GBB will bill mn a basis, according to the following rate schedule.' POSITION' $PER HOUR President...... ...--_.-.^.._...~~...._...-.._~..~~..^^^^-.^^--^^^^`^-^^~^^`^-`^^^-^'^^^-^~^`^-^`^~`~^^^^^-^~^^~~'~^^^-`^_248`50 President ^-.......~.....................~~-._..,_....'.".^~._~-`~^^^~~^~~^`'``~~~_~^^`^~-_`~`^~~^'^~^^^~-^`�`~~`^^'^-^`^24830 Executive Vice 222.50 Sr.Vice President-...... ............_.,...._-.........__................. ..._..~..,...._......__....._.~_.......... ....~~.207.00 Vice President 176�0 u-,...~-.^_^~...~.,°._�.._--^...~..~~.^~..'--.~..~-.....^~,.-.+'~.-._,...~.,.~--..^_^...--.._-.___- ProjerEn ` er/Sr. Dinector.-_.............. _.......................-_...__......... ^^.......... .....1l4.00 Consultant V&/CnzdzaoAdrniuimhzdor...~..-......-_._-_....~...._~..__..,........,.~~..._,....~,.93.50 ConsultantIlEngineer I_.__....._.....~...~.-.~..^..---............~,^.................................. ...... 72.5Q Adrmr�istrative Support....^......_..~............................_-_.............................._.....~~.-~-._...._._..^~._, _.55.58 EXPENSES' CHARGE � P�somalK]a�Cmm��smy��mr __,...-,._�z�m#����R�es p�^m�c<mr$84.75/dmyf fuel,whichever imless) Local Travel Expenses(tolls, _....- .......................~.,...,.... ................... --....-..~.~-.~~._.AsIncurred Roomand Board.... .......-.............-,~~-.-.~....................-..-.~-.- ......................................... 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Aslnczu.red ` ��Io�uzT�� S.~_~~~ac~~~ ...._..,,...._.. .�..~~~'._~~�_~~.--.,~~-,^^_�_-....~.,-_..__---~`..~_-,~ FacsimileCommunications OuAzoond. ,',....~.,....,._....- ...........,._,..........~~.__~.., .....,,,,/__,$0,50 per page »Effective January 1,20l4through December 3L20l4.Subject to January lst annual increase based on C TI, 2 fee of5 percent applied to expenses,including subcontractorm, 3 0object tomdjusstment per IRS guidelines. M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR-- TTWoRiH COUNCIL ACTION: Approved on 6/10/2014 - Ordinance No. 21280-06-2014 DATE: 6/10/2014 REFERENCE **P-11664 LOG NAME: 13P14-0071 SOLID WASTE NO.: MANAGEMENT DB CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Gershman, Brickner& Bratton, Inc., for a Comprehensive Solid Waste Management Plan for the Code Compliance Department in the Amount Up to $299,700.00 and Adopt Supplemental Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund in the amount of$299,700.00 and decreasing the unrestricted net position by the same amount; and 2. Authorize the execution of a contract with Gershman, Brickner & Bratton, Inc., for a Comprehensive Solid Waste Management Plan for the Code Compliance Department in the amount up to $299,700.00. DISCUSSION: The City's current Solid Waste Management Plan (1995-2015) will expire in 2015. The Code Compliance Department, Solid Waste Division proposes to have the selected Consultant assist the City in developing its new 20-Year Comprehensive Solid Waste Management Plan. The new plan will present the City with the best options to make further progress in reducing waste, maximizing resource recovery and diversion, extending the life of its landfill. The new plan will also include a Disaster Debris Management Plan to improve debris removal response following a disaster or a significant storm event. The City issued a Request for Proposal (RFP) No. 14-0071 on February 5, 2014. The proposals were reviewed by an evaluation committee consisting of staff from the Code Compliance Department, the Water Department and the Transportation and Public Works Department. The committee ranked the proposals based on past experience with developing a Comprehensive Solid Waste Management Plan, qualifications and roles of key personnel and the thoroughness and quality of response to project scope of work. The evaluation committee determined that Gershmann, Brickner& Bratton, Inc., offers the best overall solution to the City. ADVERTISEMENT- This RFP was advertised in the Fort Worth Star-Telegram every Wednesday starting February 5, 2014 through March 5, 2014. Thirty-seven vendors were solicited from the purchasing database; three responses were received. M/WBE -A waiver of the goal for MBE/SBE subcontracting was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or service is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the City Manager in the amount of up to $50,000.00 and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS - Upon City Council approval, this Agreement shall begin on June 11, 2014 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19874&councildate=6/10/2014 7/24/2014 M&C Review Page 2 of 2 and end on December 10, 2016. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Solid Waste Fund. Upon approval, the available cash balance of the Solid Waste Fund will exceed the minimum reserve, as outlined in the Financial Management Policy Statements. BQN\14-0071\DB TO Fund/AccounVCenters FROM Fund/Account/Centers 1) PE64 531200 0239901 $299,700.00 2) PE64 531200 0239901 $299,700.00 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale (8357) Doris Brent (2058) ATTACHMENTS 13P14-0071 SOLID WASTE MANAGEMENT AO Revised.doc ttp:))ttpj)s.c wnet.orgicouncil_packet/mc_review.asp?ID=19874&councildate=6/10/2014 7/24/2014