HomeMy WebLinkAboutContract 52235 CITY SECRETARt
CONTRACT NO., 59A,35
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and
through Valerie Washington, its duly authorized Assistant City Manager, and Gershman, Brickner &
Bratton, Inc., also known as GBB, ("Consultant"), a corporation duly authorized to do business in Texas,
and acting by and through Tom Reardon, its duly authorized Senior Vice President, each individually
referred to as a "party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule; and
Exhibits A and B which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
The City of Fort Worth is seeking Consultant to create a Commercial Materials Management
Toolkit and Standard Operating Procedures Manual with its efforts to implement the City's
Comprehensive Solid Waste management Plan. The Scope of Services and specific tasks to be completed
by the Consultant shall be as shown in Exhibit"A".
2. TERM.
This Agreement shall begin on the date it ' full ex cuted ("Effective Date ) and shall expire
eighteen (18) months thereafter on ,�' J/ ("Expiration Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its
sole discretion,to renew this Agreement under the same terms and conditions,for up to two(2)one-year
renewal options, at City's sole discretion.
3. COMPENSATION.
City shall pay Consultant in accordance with the fee schedule of Consultant personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit
"B," — Price Schedule. Total payment made under this Agreement by City shall not exceed eighty eight
thousand five hundred dollars ($88,500.00). Consultant shall not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in writing
the additional costs for such services.City shall not be liable for any additional expenses of Consultant not
specified by this Agreement unless City first approves such expenses in writing.
fessional Services Agreement CjjR Page rAft
oF�° 1Pe FT. WORTH,TX
4. TERMINATION.
4.1. Written Notice. City or Consultant may terminate thi Agreement at any time and for any
reason by providing the other party with 30 days'written notice of tE rmination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by 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 City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Consultant for services actually rendered up to the effective date of
termination and Consultant shall continue to provide City with services requested by City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Consultants hall provide City with copies of all completed or partially
completed documents prepared under this Agreement. In the even: Consultant has received access to
City Information or data as a requirement to perform services hereunder, Consultant shall return all City
provided data to City in a machine readable format or other format deemed acceptable to City.
S. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Consultant hereby warrants to City that Consultant has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor'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 City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. 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 City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event,Consultant
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Consultant agrees that City shall, until the expiration of three (3)years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any d rectly pertinent books,documents,
papers and records, including, but not limited to, all electrD iic records, of Consultant involving
transactions relating to this Agreement at no additional cost to City. Consultant agrees that City
shall have access during normal working hours to all necessz ry Consultant 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 section. City shall give Consultant reasonable advance 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 and work performed under this Agreement,and not as agent, representative
or employee of 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, consultants and
subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees,
servants, Vendors and subcontractors. Consultant further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that
City shall in no way be considered a Co-employer or a Joint employer of Consultant or any officers,agents,
servants, employees or subcontractor of Consultant. Neither Consultant, nor any officers, agents,
servants, employees or subcontractor of Consultant shall be entitled to any employment benefits from
City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents,servants, employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY - CONSULTANTSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANYAND ALL
PERSONS,OFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION — CONSULTANT HEREBY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS, SERVANTS AND EMPLOYEES,
FROM AND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO
THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION—Consultant agrees to defend, settle, or
pay, at its own cost and expense, any claim or action against City for infringement of any patent,
copyright, trade mark, trade secret, or similar property right arising from City's use of the software
and/or documentation in accordance with this Agreement, it being understood that this agreement to
defend,settle or pay shall not apply if City modifies or misuses the software and/or documentation. So
long as Consultant bears the cost and expense of payment for claims or actions against City pursuant to
this section, Consultant shall have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
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City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as
necessary to protect City's interest, and City agrees to cooperate with Consultant in doing so. In the
event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any
claim or action brought against City for infringement arising under this Agreement, City shall have the
sole right to conduct the defense of any such claim or action and all negotiations for its settlement or
compromise and to settle or compromise any such claim; however, Consultant shall fully participate
and cooperate with City in defense of such claim or action.City agrees to give Consultant timely written
notice of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of casts or expenses shall not eliminate
Vendor's duty to indemnify City under this Agreement. If the software and/or documentation or any
part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, Consultants hall, at its own
expense and as City's sole remedy,either:(a) procure for City the might to continue to use the software
and/or documentation; or (b) modify the software and/or documentation to make it non-infringing,
provided that such modification does not materially adversely affect City's authorized use of the
software and/or documentation; or (c) replace the software and/or documentation with equally
suitable,compatible,and functionally equivalent non-infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to
Consultant terminate this Agreement, and refund all amounts paid to Consultant by City, subsequent
to which termination City may seek any and all remedies available to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Consultant shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Consultant under which the
assignee agrees to be bound by the duties and obligations of Consultant under this Agreement.Consultant
and Assignee shall be jointly liable for all obligations of Consultant under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract,subcontractor shall execute a written
agreement with Consultant referencing this Agreement under which subcontractor shall agree to be
bound by the duties and obligations of Consultant under this Agreement as such duties and obligations
may apply.Consultant shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Consultant shall provide City with certificate(s)of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
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$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers'compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
(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 City to evidence
coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name City
as an additional insured thereon, as its interests may appear.The term City shall
include its employees, officers, officials, agents, and volunteers in respect to the
contracted services.
(b) The workers'compensation policy shall include a Waiver of Subrogation(Right of
Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City.Ten(10)days'notice shall be acceptable in the
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event of non-payment of premium. Notice shall be sent to the Risk Manager,City
of Fort Worth, 200 Texas Street, Fort Worth,Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas.All insurers must have a m'nimum rating of A-VII in the current
A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance reqL irement.
(f) Certificates of Insurance evidencing that Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Consultant agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces
in connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations.If 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.
Vendor,for itself, its personal representatives, assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder, it shall not discriminate in the treatment or employiment 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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONSULTANT AGREES TO ASSUME SUCH LIABILITY
AND TO INDEMNIFY AND DEFEND CITY AND HOLD 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 CITY: To CONSULTANT:
City of Fort Worth Thomas P. Reardon,Senior Vice President
Attn:Jay Chapa,Assistant City Manager Gershman, Brickner&Bratton, Inc.
200 Texas Street 2010 Corporate Rldge,Suite 510
Fort Worth,TX 76102-6314 McLean,VA 22102
Facsimile:(817)392-8654 treardon@gbbinc.com
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Office:703-573-5800
With copy to Fort Worth City Attorney's Office at same
address
14. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
15. NO WAIVER.
The failure of 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 City's or Vendor'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 laws of the State of Texas. If any action,
whether real or asserted,at law or in equity,is brought pursuant to 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.
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, 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.
19. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed
a part of this Agreement, and are not intended to define or limit the scope of any provision 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 A, B,
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and C.
21. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension ofthis Agreemenl shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
22. ENTIRETY OF AGREEMENT.
This Agreement,including all Exhibits,contains the entire understanding and agreement between
City and Vendor,their assigns and successors in interest,as to the matters contained herein.Any prior or
contemporaneous oral or written agreement is hereby declared null a nd void to the extent in conflict with
any provision of this Agreement.
23. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall,for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
24. WARRANTY OF SERVICES.
Consultant warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30)days from the date that the services are completed. In such even:,at Consultant's option,Consultant
shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty,or(b) refund the fees paid by City to Consultant for the nonconforming services.
25. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Aci: (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall
verify the identity and employment eligibility of all employees who perform work under this Agreement.
Consultant shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all
supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who
performs work under this Agreement. Consultant shall establish appropriate procedures and controls so
that no services will be performed by any employee who is not legally eligible to perform such services.
Consultant shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Consultant shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Consultant.
26. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation,created,published,displayed,and/or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). Further, City shall be the sole and exclusive owner
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of all copyright, patent,trademark,trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception,creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Consultant hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of City.
27. 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. This Agreement and any
amendment hereto, may be executed by any authorized representative of Consultant whose name, title
and signature is affixed on the Verification of Signature Authority Form,which is attached hereto as Exhibit
"C". Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
28. CHANGE IN COMPANY NAME OR OWNERSHIP
Consultant shall notify the City, in writing,of a company name,ownership, or address change for
the purpose of maintaining updated City records. The president of the Consultant's company or
authorized official must sign the letter.A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change, copy of the board of director's resolution approving the action, or an
executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
29. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1)does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Consultant certifies that Consultant's signature provides written verification to the City that
Vendor:(1)does not boycott Israel;and (2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this-- -day
of , 2019.
(signature page follows)
Professional Services Agreement Page 9 of 19
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
(/ By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: of this contract, including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title::,J Assistant City Manager
Date:
By:
APPROVAL RECOMMENDED: Nat ►e� Iry P 1 �'�
Title: Si;-K joZ f L4LmMejz_
APPROVED AS TO FORM AND LEGALITY:
By:
Name: R ert Sm se
Title: Assistant Director
By:
ATTEST: A� ``+: - me: hr to X. L z-Reynolds
�C1R Title: Sr.Assistan tt ney
B
Y�
N e: Ma a s .
Title: City Secretary
CONSULTANT:
Gershman, Brickner ratton, Inc.or GBB ATTEST:
By:
Name: Tho as P. Reardonov, '& ' ' ' 1 �4"
Title: SeniorVice President ame: Ka a Vas uez
jl�w
Date: G !S` / Title: Pro t Manage
OFFICIAL RECORD
COW rul:rp
Professional Services Agreement FT' wg 0 kl
EXHIBIT A SCOPE OF SERVICES
January 11, 2018
Mr. Robert Smouse
Assistant Director, Solid Waste Services Division
Code Compliance Department
City of Fort Worth
4100 Columbus Trail
Fort Worth,Texas 76133
Re: Revised Proposal for Professional Consulting Services to Create a Commercial Materials
Management Toolkit and Standard Operations Plan
Dear Mr. Smouse,
Gershman, Brickner & Bratton, Inc. (GBB) is honored to submit to the City of Fort Worth ("City") this
proposal for the development of a Commercial Materials Management Toolkit and Standard Operations
Plan (SOP). This proposal provides a scope of work, schedule and fee estimate to assist the City with
implementing the commercial materials management program, an element the City's recent adoption of
a Comprehensive Solid Waste Management Plan (CSWMP).
We will conduct the work described in this proposal on an hourly not-to-exceed basis, according to the
terms described in our Professional Services Agreement with the City dated May 24, 2017 (City of Fort
Worth Contract#49093).There is, however,one exception to these terms;the billing rates are amended
to reflect our 2018 rates. The new Compensation Rate and Fee Schedule is attached (Attachment B).
Understanding
One of the objectives of the CSWMP is to increase waste reduction and recycling in the commercial sector.
This is reflected in several of the CSWMP action items, including origination of a Commercial Recycling
Section within the Department, inclusion of business audiences in the creation of a comprehensive
communications plan, and development of a technical support program for commercial sector entities—
institutions, businesses, and multi-family properties.
With the City's recent creation of the Department's Materials Management Program (MMP) Section
(which includes commercial recycling) and the hiring of four employees, the next phase of the CSWMP
implementation is to develop standard messaging to help those in the commercial sector establish
recycling programs and provide the staff with the tools they need to support the efforts.GBB proposes to
assist with the creation of a technical support standard operations plan and develop a toolkit that the
MMP can use in the field to support communications.
The following describes how we will implement this important work.
Scope of Work
Task 1 - Kickoff Meeting and Project Management
Task 2 - Understanding the Institutional, Commercial& Industrial Market
Task 3 - Development of Commercial Materials Management Toolkit
Task 4-Creation of Standard Operating Procedures
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Task 1. Kickoff Meeting and Project Management
Objective
The objective of Task 1 is to ensure all team members agree on how the project will proceed and confirm
the intentions for the outputs.
Task 1 also includes project management responsibilities.The purpose of this work is to maintain general
correspondence, ensure high-quality outputs, manage the work flow, and guide the project to success—
within budget and on schedule.
Approach
During the initial three-day trip to Fort Worth, TX, the project will begin with a kickoff meeting followed
by GBB working with staff—including the new MMP planners—to learn more about the efforts to date
and how they execute their job duties.This will include understanding the City's databases,field research,
outreach materials, and other work done before the start of this project.This task also covers biweekly
meetings throughout the project via telephone, Skype, or WebEx to keep all team members updated
about the project.
Deliverables
• Initial Trip to Fort Worth,TX by GBB for three days.
o Attend Kickoff meeting in Fort Worth,Texas.
o Attend project coordination meetings with City staff.
• Biweekly calls during life of project.
• Monthly Progress Reports that will accompany all invoices.
Task 2. Understanding the Institutional, Commercial & Industrial Market
Objective
The objective of Task 2 is to assist the City assess the databases which have been created and built by the
City; evaluate the best ways to build on and improve the database sets the City has been assembling in
2018; and develop ways for the MMP Planners to interface meaningfully with the existing City CRS.
Approach
The City currently maintains utilize five customer database sets that identify customers by business types.
During this task,GBB will work with the MMP Planners to develop plans to analyze one of these database
sets, regarding customers and their service. During the visit to Fort Worth for the kickoff meeting in Task
1,the GBB Project Manager will meet with the MMP Planners to clearly understand the current database
and the way in which the MMP Planners currently and might interact with the City CRS. GBB will develop
recommendations so that Fort Worth can effectively deploy the Commercial Materials Management
Toolkit developed in Task 3 and build meaningful data from those efforts.
Deliverables
• Summary of findings during fieldwork(MS Word or Excel format).
• Visits with MMP staff.
• Final recommendations(MS Word or Excel format).
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Task 3. Development of Commercial Materials Management Toolkit
Objective
The objective of this task is to develop a Commercial Materials Management Toolkit ("Toolkit"). This
Toolkit will contain a set of resources that the MMP staff can use to instruct businesses, property
managers,and developers on how to establish and maintain successful recycling programs.The contents
will be presented creatively and with clear messaging. In keeping with the goals of the CSWMP, the
intended outcomes of deploying the toolkit will be to improve recycling participation, reduce recyclables
contamination, and provide businesses with information about other ways they can reduce their
environmental impact,such as through reuse,water conservation, and electricity reduction.
Approach
The Toolkit will consist of printable materials,content for online distribution and publication and protocols
for conducting evaluations and giving recommendations. It will include collateral information which can
be left with or given to ICI locations. The toolkit will also include electronic elements which can be
deployed by the Planners and the program, such as email templates for routine correspondence and
dynamic page content for the City website that helps connect businesses with service providers and the
MMP planners.
The toolkit components will be useful both in the office and in the field.The resources shall be functional,
dynamic, durable, and easy to use and understand. To prepare these materials, GBB will work
collaboratively with a graphic designer that will work as a subcontractor to GBB.
Deliverable
• The Toolkit contents are under development in this phase and will be delivered in Task 4.
Task 4. Creation of Standard Operating Procedures
Objective
The objective of Task 4 is to prepare a set of SOPS to be used for conducting the program activities and
deploying the toolkit from Task 3.
Approach
Operations to be described might include:
• Workflow: Identifying clients for outreach efforts, scheduling appointments, tracking progress,
documenting success, employee training, and other program job duties.
• Individual businesses: making contact, building relationships, characterizing waste stream,
identifying opportunities for recycling and waste reduction; making recommendations for action.
• Property management companies: making contact, building relationships, evaluating waste
management systems, identifying opportunities to improve services to tenants; making
recommendations for action.
• Using electronic resources in the field: data input, mobile application, mobile phones, and/or
tablet devices.
• Gathering information: informally, during scheduled field visits, coordinating with colleagues.
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Deliverables
• The efforts of Tasks 3 and 4 will become a final document in Task 5, styled as an Operations
Manual for the MMP Section, replete with internal references and references to other guiding
City documents.Attached to this letter is a proposed draft outline for the Operations Manual.
• At the conclusion of the project,GBB will return to Fort Worth for two days to present the output
to staff and give an orientation presentation regarding the SOP.
• GBB will produce six(6) hard copies of the report in durable three-ring binders made from post-
consumer recycled content, to be utilized by the four (4) MMP Section staff, Mr. Pimentel, and
Mr.Smouse.
GBB's Project beam
GBB uses a matrix approach to work, meaning that any and all of our consultants are available to work on
this project.The core team will feature the following staff:
Tom Reardon, Senior Vice President, has over 32 years of experience specializing in
alternative energy, clean fuel and waste conversion, His extensive expertise, both as a
consultant and as a senior executive in the private sector, encompasses analysis and
strategic business planning; waste conversion / emerging technologies review; facility
operations and management; and strategic solid waste management planning. Tom has
led several GBB confidential technology review projects, conducting and compiling
detailed marketplace analysis reports; assessing and evaluating alternative waste-to-
energy technologies; and providing business development and planning assistance. He served as Director
of the Solid Waste Association of North America's WTE Technical Division from 2012 to 2015.
Kate Vasquez,GBB Project Manager,will manage the day-to-day activities of the members
of the GBB Project Team and act as the point of contact with assigned SWD staff. Kate has
nearly 17 years of experience in recycling, solid waste reduction, and solid waste
management, has worked in strategic planning; solid waste management; regulatory
implementation; events planning; and public relations. She is accomplished in
communications with residents and businesses, elected officials, and the regulated
community; research, reporting, and presentation; and, legislative analysis. Kate is also
exceptionally familiar with the Fort Worth 2017-2037 CSWMP, having been an integral part of that GBB
project team and a primary author.
Jennifer Porter, GBB Senior Project Manager, is a sustainable development leader with
more than 16 years of experience on government: and private sector sustainability
initiatives. She has extensive experience and expertise in solid waste management,
recycling, and composting program development and evaluation. As Conservation
Program Coordinator for over 6 years with the City of Portland's (Oregon) Office of
Sustainable Development, she managed citywide recycling changes for 145,000
households; led multifamily recycling projects resulting in a 21% rise in volume and a 90%
decrease in contamination; established strong working relationships with waste haulers, property
managers, community development corporations, government entities, and environmental groups; and,
developed a statistical model for a commercial food composting program.
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Harvey Gershman, Founder Owner Associate, will support the team with his experience
and leadership. Harvey has been active in the solid waste management field as an adviser
y
to government and industry for over 40 years, specializing in strategic guidance and
infrastructure and services development assistance to solid waste service/system
managers and owners. He has managed the preparation of many long-term plans, market
studies, cost and independent feasibility analyses, technology reviews, contractor
procurements, contracts development and negotiations, and project financing activities
for a broad range of recycling,composting,solid waste management,waste-to-energy,and district energy
projects.
Schedule
The GBB Team is ready to proceed with the Scope of Work upon authorization from the City. We
anticipate traveling to Fort Worth in early 2019 for the kickoff;working through the Spring to produce the
work; and, returning to Fort Worth in summer to present the results.
Proposed Fee
GBB estimates a not-to-exceed fee for this assignment in the amount of eighty-four thousand one
hundred sixty-one dollars($88,500.00).This includes all labor and expenses for the tasks above,including
and estimated fee for the graphic designer, along with travel as described. The costs are broken out by
task and to show the subcontractor, below. Costs would be invoiced as they are incurred on a time and
materials basis per the Compensation Rate& Fee Schedule (Attachment B).
NumberTask • Description Cost
Task 1: Kickoff Meeting and Project Management $24,000
Task 2: Understanding the Institutional,Commercial&Industrial Market $7,700
Task 3: Development of Commercial Materials Management Toolkit $15,600
Task 4:Creation of Standard Operating Procedures $21,000
Additional Services: Graphic Designer $20,200
TOTAL $88,500
In the event that the City requests additional work, GBB will either propose an additional fee quote or, if
pre-approved, will invoice in accordance with the attached Compensation Rate and Fee Schedule
(Attachment B).Our invoices will be addressed to you referencing this matter.
Additional Information
To complement the toolkit as initially described herein, GBB recommends that the City will need
specialized professional services for creation of electronic communication tools. GBB has initially
identified several services, which range in price greatly. Industry figures estimate that development of a
custom mobile applications can cost between $50,000 to $100,000 from a private sector vendor; other
services are available off-the-shelf which should cost significantly less. GBB suggests that the City could
be better served by utilizing the City's Information Technology Solutions Department, or one of several
customizable apps currently available rather than building an application from the ground up. Costs
related to either of the latter options are not included in this proposal.
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General Considerations
This proposal relies on the full cooperation of the MMP team to inform us of any changes made during
and/or after phases of the work.This includes providing GBB with all documentation and information that
will affect our work. Fees are based on the project requirements and schedule presented at this time.
Delays or acceleration in the project schedule may result in claims for additional fees. GBB maintains
professional and public liability insurance.Time records and reimbursable expense records are maintained
on a generally recognized accounting basis.
On behalf of the GBB Team, we appreciate our long-standing relationship with the City and look forward
to working with you to implement the CSWMP. We thank you for the opportunity to submit this proposal.
If you have any questions, please call me at 301-807-2688,or contact the Project Manager, Kate Vasquez,
at 703-863-8512 or kvasquez@gbbinc.com.
Sincerely,
Gershman, Brickner& Bratton, Inc.
Tom Reardon
Senior Vice President
Attachments: A: Draft Outline for MMP Section Operating Manual
B: Compensation Rate and Fee Schedule
Cc: Joao Pimentel, City of Fort Worth,TX
Kate S.Vasquez, GBB
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ATTACHMENT A
Draft Outline for MMP Section Operating Manual
This document would be produced in Task 5, incorporating the work of the other tasks, particularly Tasks
3 and 4.
1 Introduction to the Commercial MMP Program
1.1 Background from CSWMP
1.2 Description of New Materials Management Program (MMP) Section and
Organizational Implementation
1.3 Goals of the Commercial Outreach Plan and Program
1.3.1 Improve recycling participation levels
1.3.2 Reduce contamination in source-separated recyclables
1.3.3 Emphasize reuse to commercial sector audience
2 Commercial Information and Data Resources
2.1 Databases
2.2 Description of business sectors and generation characteristics
2.3 Listing of service providers in Grants of Privilege and other recycling haulers
2.4 Services offered to the Business sector
2.5 Case studies of locations currently recycling successfully
3 Commercial Materials Management Toolkit
3.1 Printed Materials
3.1.1 Office and Retail
3.1.2 Food, hospitality,and restaurants
3.1.3 Event venues
3.1.4 Property management companies
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3.1.5 Developers
3.2 Electronic Tools
3.2.1 Interactive tool for communicating with clients
3.2.2 Interface for capturing data and communicating with colleagues
3.3 Protocols for Conducting Evaluations and Giving Recommendations
3.3.1 Waste characterization
3.3.2 Service level audit
3.3.3 Source separation and collection service recommendations
3.3.4 Consultation regarding other environmental impacts (waste reduction, water,
power)
3.4 Prepared Presentations
3.4.1 Formal presentations
3.4.2 Informal talks
4 Standard Operating Procedures for the Commercial Sector
4.1 Planning Work
Identifying targets, setting appointments, developing relationships, sharing success stories; maintaining
research
4.2 Conducting Field Support
Coaching through change
4.3 Using the Toolkit
Printed materials,tablets with app, evaluation tools, presentations and speeches
4.4 Maintaining Success
Awards, reports
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i
ATTACHMENT B
2018 GERSHMAN, BRICKNER &BRATTON, INC. COMPENSATION RATE AND FEE SCHEDULE (1,2,3,a,5)
POSITION HOURLY RATE ($USD)
President 264.00
Founder Associate 237.00
Sr.Vice President 221.00
Vice President 188.00
Special Principal Associate 179.00
Principal Associate Engineer 171.00
Principal Associate 160.00
Sr. Project Manager/Sr. Project Engineer/Sr.Associate Engineer 155.00
Project Manager/Sr.Associate 138.00
Project Engineer/Sr. Consultant/Support Director 123.00
Consultant II/Engineer II/Contract Administrator 102.00
Consultant I/Engineer 1 80.00
Administrative Support 61.00
Clerical/Support Staff/Research Assistant/Graphics Coordinator 49.00
TECHNOLOGY FEE
A fee of 3% of labor charges will be included to cover all costs associated with computers, software,
phones, miscellaneous reproduction.
EXPENSES(3) CHARGE
Personal Car/Company Car Current IRS Rates per mile(4)
(or$81.75/day+fuel,whichever is less)
Local Travel Expenses (tolls, parking) As Incurred
Room and Board As Incurred
Airfare(5) Coach Class, Discount Fares When Available
Car Rental Discount Rate
Long Distance Telephone As Incurred
Graphics, Printing and Art As Incurred
Messenger and Delivery Service As Incurred
Subcontractors As Incurred
Facsimile Communications Outbound $0.50 per page
0 Effective January 1,2018 through December 31,2018.subject to January 1"annual increase based on CPI.
(1)For payments not received within 30 days of invoicing date,interest charge of 1.00%per month will be applied.
(3)A Fee of 10 percent applied to expenses,including subcontractors.
MSubject to adjustment per IRS guidelines(or$81.75/day+fuel-whichever is less).
(')When gate-to-gate travel of over eight(8)hrs.is required,Business Class Airfare will be purchased and 50 percent of gate-to-gate
travel time will charged.Please provide GBB at least 3 weeks'prior notice for scheduling airfare.
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