HomeMy WebLinkAboutContract 40093STATE OF TEXAS §
COUNTIES OF TARRANT §
DENTON AND WISE §
CITY SECRETARY
CONTRACT NO. 4 M9 3
KNOW ALL BY THESE PRESENTS:
CONTRACT F®>� PRO1�'�SSI®1`�IAIL. COl`�1SIJLTII`�IC SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," and Gershman, Brickner &
Bratton, Inc., a Maryland corporation, hereinafter called "Consultant or GBB," both parties acting
herein by and through their duly authorized representatives.
1. Scone of Services.
Consultant shall conduct a Performance Evaluation of selected City contractors who perform
various services associated with the management of municipal solid waste and/or recyclable
materials generated in the City. Such Performance Evaluation shall be executed as described in
Consultant's Proposed Scope of Services shown as Exhibit "A". If there is a difference or conflict in
the terms in the body of this Contract and Exhibit A then the terms in this Contract shall prevail.
As far as is reasonably and lawfully practicable, and in the City's sole discretion, the City shall
make available specific documents as requested by the Consultant. Consultant shall not disclose such
information to any third party without the prior written consent of the City, which may be by email,
facsimile or letter.
This term of this Contract shall begin on Apri17, 2010 and shall terminate on September 30,
2010, unless otherwise amended in writing by both parties.
OFFICIAL RECORD
CITY` �i�CFZET�R�
FT. WORTH, TX
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 5.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Consultant documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated and budgeted by City in any
fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this
Contract shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted.
c. Upon termination of this Contract for any reason, Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
6. Indemnification.
Consultant shall release, defend, indemnify and hold harmless City and its officers,
agents and employees from and against all damages, injuries (including death), claims,
property damages (including loss of use), losses, demands, suits, judgments and costs,
including reasonable attorneys fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work or caused by the negligent act or omission of
Consultant, its officers, agents, employees, or subcontractors. The Consultant shall not be
obligated or liable to the City for any claim arising in connection with this Contract except its
own performance or negligence that is the fault of the Consultant, and/or its agents, employees,
subcontractors, assignees, or others affiliated with Consultant.
GBB Performance Evaluation 3 4/6/10
after final payment under the subcontract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor involving transactions to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
10. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract; venue for any action arising under the terms and conditions of this Agreement shall lie in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
12. Severability of Provisions.
If any of the Provisions contained in this Agreement shall be held, for any reason, to be
invalid, illegal, or unenforceable in any respect„sus✓h invaliditY3'ytlegality, or unenforceability,
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
r
13. Sole Agreement. - `"' ••
This Agreement constitutes the sole and only agreement of the parties hereto and
GBB Performance Evaluation $ 4/6/10
APPROVED AS TO FORM AND LEGALITY: d/4�
Witness for GBB
Assistant City Attorney
Attest:
C-a��53
Contract} Authorizaitioa<
4�
Hate
O�1°idl���. �,EC►ORD
CITY SECRETARY
ET. WORTH, TX
GBB Performance Evaluation 7 4/6/10
EXHIBIT A
Gershman, Brickner & Bratton, Inc.
Proposed Scope of Services
for
Performance Evaluation of Selected
City of Fort Worth Contractors
Overview
This Scope of Services is to conduct a Performance Evaluation of selected City of Fort Worth
Contractors, including the following:
• Contractor for waste and recyclables collection from residences and limited commercial
establishments
• Contractor for bulk waste collection
• Contractor for waste and recyclables carts supply, repair, and maintenance
• Contractor for bulk waste disposal and yard waste processing
• Contractor for recyclables processing and marketing
• Contractor for hauling materials from City drop-off stations
In general, the Scope of Services will include a review of relevant contracts and contract
amendments, memoranda, call -center data, internal reports, spreadsheets, and other related
documents and data, as supplied to GBB by the City; a field visit to the City to observe the City
environs, certain contractor practices and/or facilities, and to meet with the City's
Environmental Management and Law Department staff; development of relevant performance
standards on which to evaluate contractor performance, phone calls and e-mail with the City's
Environmental Management and Law Department staff to discuss, clarify, and/or obtain
information regarding documents reviewed and/or contractors being evaluated; preparation of
a summary report presenting findings and recommendations regarding the contractors
evaluated; and revision or amendment of the report to include any comments or corrections
provided by the contractors that were evaluated.
The Scope of Services represents the first phase of an overall project by the City to evaluate the
performance of the above -noted contractors and either renegotiate certain contracts or re -
procure certain services in a second phase depending upon the findings and recommendations
of Phase 1.
The objectives of the Phase 1 services are to provide athird-party perspective of the
performance history of the above -noted contractors and their operational relationship with the
City, and determine whether the value of the service the City is receiving from each contractor
is reasonable and appropriate considering the current market and economy.
GBB/10012 1 February 25, 2010
Task 9. Review comments, if any, from City and City contractors regarding the draft Summary
Findings Report, amend Report for any inaccuracies, and issue final Summary Findings
Report, including contractors' comments, if any, as an appendix to the Report. (This
task will include follow-up with the City and some or all contractors.)
Task 10. Market Analysis (Optional). GBB will conduct a limited analysis of the market for the
services evaluated in the Dallas -Fort Worth Region and prepare a separate write-up of
that analysis in the Summary Findings Report (or, if desired by the City, as a separate
summary report to accompany the Summary Findings Report).
If the City elects to pursue this option, the field work associated with it would be
conducted at the time of the field visits for the meeting(s) with the City during Task 2,
and such field visits would be extended over another three or four days. These field
visits would be supplemented by phone calls to selected communities, organizations,
and other parties in the region that are appropriate and relevant as sources for data to
help identify the market conditions. Also, other data would be gleaned from research
and review of certain reports, plans, contracts, and other documents as may be
available and relevant to the needs of this task.
Staff
The primary staff for this assignment will be Tim Bratton, Senior Vice President, and Tim
Giardina, Principal Associate. Other staff involved to a lesser extent will include Harvey
Gershman, President; Frank Bernheisel, Vice Presidents and Michelle Minstrell, Project
Manager. GBB may involve other staff for research support, as needed.
Price
GBB proposes to complete this assignment (Tasks 1 through 9) on a time and expenses basis in
accordance with its standard Compensation Rate and Fee Schedule (copy attached) with a not -
to -exceed ceiling of $86,000. If the City elects to include the Optional Market Analysis (Task 10),
the not -to -exceed ceiling will be $95,000.
Invoicing and Payment Terms
GBB will invoice the City monthly throughout the course of the assignment, with payment
terms of net thirty (30) days.
Deliverables
(1) List of Performance Standards to be used in the Performance Evaluation of Contractors
(2) Draft Summary Findings Report
(3) Final Summary Findings Report
(4) Summary Market Analysis (optional, if elected by City to be included in the assignment)
GBB/10012 3 February 25, 2010
EXHIBIT B
lilt
..
ATTON, INC.
COMPENSATION RATE AND FEE SCHEDULE (1, 2)
President
Executive Vice President
Special Principal Associate
Sr. Vice President
Principal Associate -Routing
Vice President
Principal Associate Engineer
Principal Associate
Sr. Project Manager/Sr. Project Engineer/Sr. Associate Engineer
Associate- Routing
Project Manager/Sr. Associate
Project Engineer/Sr. Consultant/Support Director
Consultant II/Engineer II/Contract Administrator
Consultant I/Engineer I
Support Manager
Administrative Secretary/Word Processor/ Editor/Staff Accountant
Clerical/Support Staff/Research Assistant/Graphics Coordinator
Expenses (3)
Personal Car/Company Car (per mile charge)
Local Travel Expenses (tolls, parking)
Room and Board
Airfare
Car Rental
Duplicating (black and white)
Duplicating (color)
Long Distance Telephone
Graphics and Art
Messenger and Delivery Service
Subcontractors
Computer Charges (4)
Facsimile Communications Outbound
($ PER HOUR)
210.00
190.00
185.00
180.00
165.00
160.00
155.00
145.00
140.00
140.00
120.00
1 10.00
90.00
70.00
56.00
51.00
39.00
Charge
Per IRS Guidelines
As Incurred
As Incurred
Coach Class, Discount
Fares When Available
Discount Rate
$.15 per Copy
$.25 per Copy
As Incurred
As Incurred
As Incurred
As Incurred
$15.00 per Hour
$0.50 per page
(1) Effective January 1, 2010, subject to adjustment on December 31, 2010.
(2) 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.
(4) Applicable to non -word processing software and product software services.
GBB/10012 5 February 25, 2010
M&C Review
Page 1 of 2
CITY COUNCIL AGENDA
DATE:
CODE
Official site of the City of Fort Worth, Texas
COUNCIL ACTION: Approved on 4/6/2010
4/6/2010 REFERENCE NO.: **C-24153 LOG NAME:
C TYPE: CONSENT PUBLIC
HEARING:
FORTWORT�H
52G6B PROGRAM
REVIEW
NO
SUBJECT: Authorize the Execution of a Contract in the Amount of $95,000.00 with Gershman,
Brickner and Bratton, Inc., for Consultant Services Related to the Implementation and
Evaluation of the City of Fort Worth Solid Waste Management Program (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract at a cost
not to exceed $95,000.00 with Gershman, Brickner and Bratton, Inc., (GBB) for professional service
related to the evaluation of the City of Fort Worth Solid Waste Management Program in preparation
for program renewal in 2013.
DISCUSSION:
On April 1, 2003, the City implemented its new Solid Waste Management Program with specific
program designs and performance measures. In preparation for program renewal in 2013, the City i�
in the process of evaluating program and contractor performance. In order for the City to make a
thorough determination, staff recommends that GBB be engaged to perform the following tasks:
Review contracts and amendments and develop questions and list of relevant performance
standards.
Conduct conference calls and meeting with City staff regarding the contracts and contract
amendments.
Refine the performance standards to be used in the performance evaluations.
Review historical performance data, spreadsheets, memoranda, logs, call center data, internal
reports, notes and other relevant data regarding each contractor.
Conduct follow-up calls with the City and selected contractors, as appropriate, to confirm and
clarify data and obtain answers to questions based upon document and data review.
Conduct a limited analysis of the market for the services evaluated in the Dallas -Fort Worth Regic
Prepare preliminary findings for each contractor for internal review and discussion.
Prepare draft and final Summary Findings Report and deliver report to the City for review.
Brief the City on the draft and final Summary Findings Report.
The scope of work within GBB's contract with the City will be designed to achieve the referenced
tasks and will be billed on a time and materials basis with a cost not to exceed cost of $95,000.00.
Any deviation from the scope will require prior written approval by the City.
M/WBE - A waiver of the goal for M/1/VBE subcontracting requirements was requested by the
Environmental Management Department and approved by the M/WBE Office because the purchase
of goods or services is from sources where subcontracting or supplier opportunities are negligible.
This project will serve Fort Worth residents in all COUNCIL DISTRICTS.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=13245&councildate=4/6/2010 4/13/2010
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operatin
budget, as appropriated, of the Solid Waste Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originatina Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
PE64 539120 0525002
Fernando Costa (6122)
Brian Boerner (6647)
Kim Mote (5153)
$95,000.00
http://apps.cfwnet.org/council�acket/mc_review.asp?ID=13245&councildate=4/6/2010 4/13/2010