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HomeMy WebLinkAboutContract 48815CITY �€�R�TA�' ' � � � / � CONTRACT (V0, OFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home r•ule municipal corporation situated in portions of Tai•rant, Parker, Denton, and Wise Counties, Texas, as executed by Charles Daniels, its duly authorized Assistant City Manager, and Burns & McDonnell Engineel•ing Company, Inc. ("Consultant"), a Missow•i Corporation, as executed by Stephen R. Hoffine, its duly authorized Principal, each individually refei•red to as a"party" and collectively referred to as the "parties." CK�]��7��II�1�Z�lllu 1 DI`►Y 1[.`� The Contract documents shall include the following: 1. This Agreement for Professional Services 2. Exhibit A— Scope of Services, Payment Schedule and Hourly Rates fot• Optional Seivices All Eahibits 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 ofthis Professional Services Agreement shall conti•ol. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional seivices to assist with the pi•octu•ement of a resource recoveiy facility and associated services. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Seivices, more specifically describing the services to be provided hei•eunder. Consultant warrants that it will exercise reasonable skill, care and diligence in the perfoi•mance of its services and will cariy 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 oi• the Ser•vices, including any implied warranty of inei•chantability oi• fitness for a pa��ticular purpose. 2. TERM. This Agreeinent shall commence upon the date of execution by the City ("Effective Date") and shall expire one year thereafter, unless terminated earlier or extended in accordance with the provisions of this Agreement ol• agreed upon by written amendment to this Agi•eement by both parties. 3. COMPENSATION. The City shall pay Consultant an amount not to e�ceed $56,350.00 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 seivices foc 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 seivices. Either pai-ty may seek a change order for a change in scope schedule aud costs related thet•eto, which must be agreed upon by both parties by a written ame�idment to this Agi•ee�nent. The City shall not be liable for any �FF�����. RECORD �IT'Y ���RETA,RY �'"�'• W#0�'�"I�, TX 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. 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-ap�ropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any �scal 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. 43 Duties and Obligations of the Parties. In the event that this Agt•eement 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 Infoi-�nation 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 A�reement at no additional cost to the City. Consultant agrees fliat 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 agt•eements 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 Page 2 of 8 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 subconh�actor 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 o1• lump sum amounts, the build-up of agreed rates or unit prices, or ConsultanYs estimating records. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agr•eed 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 subcontractois. Consultant acknowledges that the doctrine of f•espondeat sarpet'IOi• shall not apply as between the City, its officers, agents, seivants and employees, and Consultant, its officers, agents, employees, setvants, contractors and subcontractors. Consultant fui�ther agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INllEMNIFICATION. 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 DEATI� 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 TI3E FULLEST �XTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AG�NTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE ATTORN�YS' FEE5 AND EXPENSES, RESULTING FROM CLAIMS BY TIIIRD PARTIES FOR PERSONAL INJURIES (INCLUDING D�ATI-� 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. Page 3 of 8 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 whicll the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement, and Consultant shall have no fui�ther 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 subconh�actor to be bound by duties and obligations substantially similar to those of the Consultant under this Agt•eement 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 �nancial 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) Worlcer'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: Worlcers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Ai�t. 8308 — 1.01 et seq., Tex. Rev. Civ. Stat.) and policy limits for Employers' Liability of $100,000 each accidendoccurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. Page 4 of 8 (d) Professional Liability (Errors & Omissions) $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 sl�all 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 endot•sed 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 tei�rn City shall include its employees, offcers, 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, Foi�t Worth, Texas 76102, with copies to the City Attorney at the same address. 10.3 Waiver of Subro�ation 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 rislc insurance during and after the completion of Consultant's se�vices. 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 fi•om and correct the violation. Page 5 of 8 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its peisonal 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: City of Fort Woi�th Attn: Fernando Costa 1000 Throckmorton Street Fort Worth TX 76 1 02-63 1 1 Facsimile: (817) 392-8654 14. GOVERNMENTAL POWERS. To CONSULTANT: Burns & McDonnell Engineering Company, Inc. Scott Pasternak 901 S. Mopac Expressway Bat�ton Oaks Plaza One, Suite 300 Austin, TX 78746 Facsimile: (512) 329-2707 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 Page 6 of 8 public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, h•ansportation problems and/or any other similar causes. 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 foi�th 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 or•der, 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, 1NJURED REPUTATION, COSTS OF SUBSTITUTE �QUIPM�NT, 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. Page 7 of 8 TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTAER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF CONSULTANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND 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 RELAT�D TO THE SERVICES OR THIS AGREEMENT FROM ANY CAUSE INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENC�, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR WARRANTY (EXPRESS OR IMPLIED) OF CONSULTANT, ITS OFFICERS, DIRECTORS, �MPLOYEES, 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. J IN TNESS WHEREOF, the parties hereto have executed this Agreement in multiples this���day of %� % C-�--, 2017. CITY OF FORT WORTH By: �� (�.,L------ Fernando Costa Assistant City Manager Date: ATTEST: I�. cd APPROVED AS TO FO By,l�'� i2-., ,�2s�,�yL,�_s �-a�- � Christa R. Lopez- eynolds Sr. Assistant City Attorney 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 ensuring all performance and reporting requirements. Nam f Employee ' / i � �' ��(� �� Title ���ICiA�, RE��RD CI'�'Y' �il�Cfi�T�1�lY �"I'.11�11'��'r'�1, '1'7� Page 8 of 8 BiIRNS & MCDONNELL ENGINEERING ENGINE NG CO AN , INC. By: � Stephe . Hoffine Principal Date: .3 �I�/ � WITNESS: By: ��-�"k-� �y��_�/� �� . , Pi•int: � (,U Y �1 � ��L .�' SIGNATURE PAGE FOR MRF CONSULTANT CONTRACT G3FRI�IAf� �tE�CORD �r�r ��c��rAr�r �r. ���rw, �rx Page 8 of 8 1: '._' • . . r��3'��` Page 8 of 8 BURNS `M�DONNELL January 24, 2016 N1r. Robert Smouse City of Fort Worth Assistant Director — Solid Waste Services Code Compliance Department 4100 Columbus Trail Fort Worth, Texas 76133 Re: Re-Solicitation for Single Stream Services Dear Mr. Smouse: Burns & McDonnell assisted the City of Fort Worth (City) with the recent solicitation for single stream and resource recovery services (City Secretary Contract No. 45833). After thorough consideration of proposals received in response to RFP 15-0067 Resource Recovery Services, the City deemed it to be in the best interest of the City to reject all proposals and re-solicit for proposals for single stream services only. As a continuation of the services provided via City Secretary Contract No. 45833, Burns & McDonnell is pleased to offer our services to the City to assist the City with the re-procurement of single stream recycling processing services. This letter describes the scope of services to be provided by Burns & McDonnell and the associated fees. SCOPE OF SERVICES This scope of services describes the tasks to be performed related to the re-solicitation for single stream recycling processing services. This scope of work presents our proposed approach to completing the project for the City. Task 1: Revise Request for Proposals and Preparation of Lontract The City has decided to re-solicit proposals for single stream services. To conduct the procurement in a timely and cost-effective manner, Burns & McDonnell will revise the previous procurement documents, which will include revision of the request for proposals and preparation of a draft contract. For all of this task, Burns & McDonnell will coardinate with the City's Purchasing and Legal Departments and will rely on the City for any standard language to be included in the procurement documents. Taslr I.I — Revise Reqrcest for Proposals Drawing from the previous solicitation, Burns & McDonnell will facilitate a conference call to discuss and identify revisions to the RFP. For example, the RFP would be revised to request pricing for single stream services only (i.e. mixed waste processing and other alternative technologies excluded from the RFP). Also, the RFP will request pricing based on a five, 10 and 15 year initial term. In revising the RFP, Bums & McDonnell will include language that will incent commercial recycling within the City to be accepted for processing at the MRF and for companies to locate their MRF within the City of Fort Worth. Burns & McDonnell will revise the RFP to incorporate, as appropriate, changes based on direction from City staff. As part of revising the RFP, we will prepare a redlined version of the original RFP reflecting the proposed revisions. Task 1.2: Pr�epm•atio�z of Co�atr•act Burns & McDonnelPs experience is that including a contract in the RFP allows for an apples to apples comparison of proposals and minimizes time and costs associated with contract negotiations. Since the City has decided to request single stream services only, Burns & McDonnell's approach provides for the development a single stream processing service contract to be included in the proctuement documents. Burns & McDonnell will prepare the following recycling processing specific elements of the contract: 8911 Capital of Texas Highway \ Building 3, Suite 3100 \ Austin, TX 78759 O 512-872-7130 \ F 512-872-7127 \ burnsmcd.com BURNS `M�DONNELL Mr. Robert Smouse January 24, 2016 Page 2 ► Contract term; ► Equipment, facility, and property requirement; ► Processing requirements; ► Personnel requirements; ► Acceptance of materials; ► Inspection and rejection of materials; ► Storage of materials; ► Fee/revenue structure and adjustments; ► Recordkeeping and reporting; ► Ownership of materials; ► Administrative charges; and ► Other sections of the contract, as appropriate. We have assumed that the City Attorney and Purchasing Department will review the contract. We will reference our review of the City's cun•ent recycling processing agreement when conducting this task. We will prepare one draft and one final version of the procurement documents. Any additional drafts will be considered Additional Services. Upon delivery of the draft version of the procurement doctmients, we will participate in a conference call with City staff to discuss the draft RFP and contract The City will be responsible for consolidating comments to the draft documents from multiple reviewers for incorporation by Burns & McDonnelL The City will be responsible for final production and distribution of the procurement documents to potential proposers. We will assist the City in notifying potential proposers in advance of the release of the RFP. Task I Delive��ables ► Conference call with City to identify revisions to the request for proposals ► One draft and one final version of the revised RFP and contract ► Conference call with the City to review the draft procurement documents Task 2: Pre-Proposal (oordination and Addendum (oordination The Buins & McDonnell Project Manager or Lead Procurement Consultant will attend the pre-proposal meeting to assist the City in responding to questions related to the procurement package. Burns & McDonnell will assist the City in discussing the changes from the original RFP during the pre-proposal meeting. As necessary, Burns & McDonnell will make revisions to the procurement package (via addenda) based on the results of the pre-proposal meeting and provide responses to questions. We will provide the revised procurement package and questions/responses to the City far distribution to all interested vendors. A portion of the cost of this task will depend on the level of effort required to respond to questions from the respondents. Our budget assumes that we will spend 12 hours for addendum coordination. If we exceed the 12 hours, we would urilize the Additional Services budget for fiirther assistance. Task 2 Deliverables ► Participation of Burns & McDonnell in pre-proposal meeting ► Development of content for any addenda that need to be developed BURNS `M�DONNELL Mr. Robert Smouse January 24, 2016 Page 3 Task 3: Evaluation of Proposals with City Staff During the original RFP process, Burns & McDonnell conducted a technical and financial evaluation of proposalsi. For the upcoming RFP, there will still be a need to review the information previously submitted and make updates to the prior evaluation. For vendors that did not previously propose, Burns & McDonnell would initially evaluate whether the proposer meets the minimum requirements. For proposals that meet the nunimum requirements, we will evaluate the submittals based on detailed criteria in the RFP. We will provide the City with an Excel based sununary of all proposals. The sunmiary will include the following: ► List of the evaluation criteria; ► Strengths and weaknesses of proposal related to evaluation criteria; ► Clarifications/questions, if any, related to evaluation criteria; and ► Financial evaluation based on recyclable materials market conditions. The level of effort to complete the evaluation for each company will vary depending on the whether the vendor previously proposed. Upon the conclusion of the evaluation, we will participate in a conference call with City staff to discuss the findings. This task does not include identification of proposals as compliant or non-compliant with proposal procedures (e.g., submittal on or prior to due date and time, signed by an autharized agent, contains a statement to the effect that the proposal is firm for the required period from the closing date) since it is assumed that the identification of proposals as compliant and non-compliant will be performed by City staff. Task 3 Deli.verable ► Memo that summarizes whether each proposal meets the minimum requirements ► List of questions and clarification requests for each proposal ► Memo and Excel matrix that summarizes the technical and financial evaluation ► Conference call with the City to review evaluation Task 4: Facilitation of Proposer Interviews Proposer interviews provide the City with an opportunity to gain a more detailed understanding of the proposed services. Following 'the evaluation of proposais, we wili nssisl tiie City wiiii liie ixcilitauuri ui propo5er interviews. As part of this task, we will: ► Assist with identifying proposers to be interviewed; ► Develop questions for proposer interviews; ► Participate in proposer interviews; ► Revise Burns & McDonnell evaluation based on interview; and ► Compilation of scoring from evaluation conunittee in an Excel based format. � Proposals received from Commtmity Waste Disposal, Mustang Renewable Power Ventures, Republic Services, and Waste Management. BURNS `M�DONNELL Mr. Robert Smouse January 24, 2016 Page 4 We would anticipate that 3-4 interviews can be conducted in a single day. Task 4 Deli.verable(s) ► Inteiview questions ► Participation of two Burns & McDonnell team members at vendor interviews ► Revised memo and Excel mah•ix that summarizes the technical and financial evaluarion ► Compilation of scaring from the evaluation committee Task 5: Contract Negotiations Burns & McDonnell will provide contract negotiations assistance to the City. Burns & McDonnell has extensive experience in contract negotiations and can provide both technical and financial input. We will custonuze this task to allow for flexibility in the role played by our team. The role in the contract negotiations will be determined by various factors including: ► Approach selected by the City (i.e., negotiate with one company or with multiple companies simultaneously); ► Composition of the negotiations team (i.e., technical, legal and financial); ► Number of contracts awarded (i.e., one or multiple contracts); and ► Other factors related to the procurement. The cost for this task would depend on the length and duration of the contract negotiation process. As part of this task, we could conduct activities including, but not limited to, the following: ► On-site meetings with prospective provider(s); ► Conference call(s) with City staff and/or service provider(s); ► Updating financial analysis to reflect negotiated rates; ► Review of proposed changes or amendments to contract; and ► Other tasks as needed. Burns & McDonnell recognizes that the amount of time will vary based on the pace and progress of the negotiations. We have provided a range based on our experience in assisting with proposer interviews. Task 5 Deliverable(s) ► Revised conh-act ► Other deliverables to be determined Task 6: Strateg� Meeting (Optional Task) Based on our extensive experience, we have found that strategy meetings is an effective and timely method for making important decisions. The strategy meeting will include discussion of key issues such as oppornmities to increase interest of proposers to invest in the project as well as promote commercial recycling within the City. Task 6 provides for an in person meeting, versus the conference call included in Task 1. The Project Manager and Lead Consultant will facilitate a half day (e.g. 3-4 hour) sh-ategy meeting at City offices to discuss the procurement. Task 1: Additional Services Burns & McDonnell can provide additional services that are outside of the Scope of Services that will be agreed ro between the City and Burns & McDonnell. Based on initial discussions with City staff, it is our understanding that the City may ask us to participate in two to four meetings with senior city management and/or City Council. Time BURNS`M�DONNELL Mr. Robert Smouse January 24, 2016 Page 5 for these meetings and needed preparation is assumed within this task. In the event additional seivices are requested by the City, such additional services would be billed on a time and expense basis, based on hourly rates included in this proposal. Included below is a summary of Additional Services that could be provided by Burns & McDonnell: ► Additional drafts of RFP; ► City Council presentarion(s); ► Reference facility site visits; ► Public education and outreach assistance ► Transition and implementation assistance; ► Financia] analysis; ► Additional meetings and/or workshops; and ► Other requested services related to the procurement. Task 6 Deli.verables ► To be deternlined BUDGET The table below describes the budget for each task of the scope of seivices. The budget for the project is $ 56,350. Tasks 1— 4 and 6 will be billed on a lump sum, based on the percent complete for each task. Tasks 5 and 7 will be invoiced on a time and material basis. 1 Revise Request for Proposals and Preparation of Contract 1.1 Revise Request for Proposals 1.2 Preparation of Contract 2 Pre-Proposal Coordination and Addendum Coordination 3 Evaluation of Proposals with City Staff 4 Facilitation of Proposer Interviews 5 Contract Negotiations [� 7 Total Strategy Meeting (Optional Task) Additional Services $6,470 $11,070 $ 4,850 $11,530' $5,000 $5,000 $2,430 $10,000 $56,350 1. Assumes evaluation of three proposals from vendors whom previously submitted and met minimum requirements set forth in RFP 15-0067 Resource Recovery Services ($2,080 per proposal) and one proposal from vendor whom did not previously submit a proposal in response to RFP 15-0067 Resource Recovery Services ($5,290 per proposal). BURNS �M�DONNELL Mr. Robert Smouse January 24, 2016 Page 6 Tasks 5— 7 will be billed on a time and material basis on the billing rates provided in the following table (based on a 917 rate sheet). In addition, we will have a computer charge of $4.75 per hour. Senior Project Manager and Technical Advisor $220 Lead Engineer Consultant $211 Lead Procurement Consultant $190 Administrative $87 CONCLUSION Burns & McDonnell appreciates the opportunity to continue to work with City. Please contact Scott Pasternak at (512) 872-7141 to discuss any questions. Sincerely, / � � % A��,!%�Vi,�y�� / � r_'� 1 � � l Scott Pasternak Senior Project Manager