HomeMy WebLinkAboutContract 45774 (2)CITY SECRjTS
CONTRACT NO. LI��7
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation
situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Charles
Daniels, its duly authorized Assistant City Manager, and GERSHMAN, BRICKNER & BRATTON,
INC. ("Consultant"), a Maryland Corporation and acting by and through Harvey William Gershman, its
duly authorized President, each individually referred to as a "party" and collectively referred to as the
"parties."
CONTRACT DOCUMENTS:
The Contract documents shall include the following:
1. This Agreement for Professional Services
2. Exhibit A — Scope of Services plus any amendments to the Scope of Services
3. Exhibit B — Payment Schedule
4. Exhibit C — Project Schedule
5. Exhibit D — Rate Schedule
All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes.
In the event of any conflict between the documents, the terms and conditions of this Professional Services
Agreement shall control.
1. SCOPE OF SERVICES.
Consultant hereby agrees to provide the City with professional services for the purpose of the
development of a 20-year (2015-2035) comprehensive solid waste management plan. Attached hereto
and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Services, more
specifically describing the services to be provided hereunder. The City shall issue a Notice to Proceed
for the Scope of Services identified in Exhibit "A", and Consultant shall commence the Scope of
Services upon receiving such notice. The project schedule is identified as Exhibit "C".
2. TERM.
This Agreement shall commence upon on the date this Agreement is fully executed ("Effective
Date") and shall expire on the last date of the twenty-fourth month from the Effective Date, unless
terminated earlier in accordance with the provisions of this Agreement, or agreed upon in writing by both
parties by amendment to this Agreement.
3. COMPENSATION.
The City shall pay Consultant an amount not to exceed $299,700.00 in accordance with the
provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated
for all purposes herein. Payment shall be made to the Consultant on a percent completion of each task.
Consultant will estimate the percent completed for each task and will bill the City monthly. Consultant
shall not perform any additional services for the City not specified by this Agreement unless the City
requests and approves in writing the additional costs for such services. In the event additional services
are agreed upon, the Rate Schedule attached as Exhibit "D" can be used as the basis for invoicing for
\ RECEIVED JUL 242014
OFFICIAL RECORD
CITY SECRETARY
F7', WORTH, TX
additional services. The City shall not be liable for any additional expenses of Consultant not specified
by this Agreement unless the City first approves such expenses in writing.
4. TERMINATION.
4.1. 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-annronriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period for any payments due hereunder, City will notify Consultant of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever except as to the portions
of the payments herein agreed upon for which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date, the City
shall pay Consultant for services actually rendered up to the effective date of termination and
Consultant shall continue to provide the City with services requested by the City and in
accordance with this Agreement up to the effective date of termination
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in writing of
any existing or potential conflicts of interest related to Consultant s services under this Agreement In
the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant
hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its
officers, agents and employees further agrees that it shall treat all information provided to it by the City
as confidential and shall not disclose any such information to a third party without the prior written
approval of the City. Consultant shall store and maintain City Information in a secure manner and shall
not allow unauthorized users to access modify, delete or otherwise corrupt City Information in any way
Consultant shall notify the City immediately 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 fmal payment
under this contract, have access to and the right to examine at reasonable times any directly pertinent
books, documents papers and records of the Consultant involving transactions relating to this Contract
at no additional cost to the City. Consultant agrees that the City shall have access during normal
working hours to all necessary 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 reasonable advance notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision to
the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final
Professional Services Agreement — Gershman, Brickner & Bratton, Inc , Page 2 of 20
payment of the subcontract, have access to and the right to examine at reasonable times any directly
pertinent books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this paragraph City shall give subcontractor reasonable notice of
intended audits
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an independent contractor
as to all rights and privileges granted herein and not as agent representative or employee of the City.
Subject to and in accordance with the conditions and provisions of this Agreement Consultant shall
have the exclusive right to control the details of its operations and activities and be solely responsible
for the acts and omissions of its officers, agents, servants, employees contractors and subcontractors.
Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City,
its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants,
contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and Consultant
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER
PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant shall not assign or subcontract any of its duties, obligations or rights under this
Agreement without the prior written consent of the City If the City grants consent to an assignment, the
assignee shall execute a written agreement with the City and the Consultant under which the assignee
agrees to be bound by the duties and obligations of Consultant under this Agreement. The following fines
are agreed to by the City for GBB to enter into such written agreements: Arredondo Zepeda & Brunz
LLC, Risa Weinberger & Associates Inc. and Open Channels Group. The Consultant and Assignee shall
be jointly liable for all obligations under this Agreement prior to the assignment If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant
referencing this Agreement under which the subcontractor shall agree to be bound by the duties and
obligations of the Consultant under this Agreement as such duties and obligations may apply. The
Consultant shall provide the City with a fully executed copy of any such subcontract.
Professional Services Agreement — Gershman, Brickner & Bratton, Inc., Page 3 of 20
10. INSURANCE.
Consultant shall provide the City with certificate(s) of insurance documenting policies of the
following 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
$2,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$250,000 Bodily injury per person
$500,000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle" shall be any vehicle owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer s liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers Compensation Act (Art. 8308 — 1.01 et
seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
(d) Professional Liability (Errors & Omissions)
$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
Professional Services Agreement — Gershman, Brickner & Bratton, Inc , Page 4 of 20
provided. An annual certificate of insurance shall be submitted to the City to
evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has obtained all required
insurance shall be delivered to the City prior to Consultant proceeding with any work
pursuant to this Agreement. All policies except Workers' Compensation shall be
endorsed to name the City as an additional insured thereon, as its interests may appear.
All policies shall contain a Waiver of Subrogation for the benefit of the City of Fort
Worth. The term City shall include its employees officers officials, agent and volunteers
in respect to the contracted services Any failure on the part of the City to request
required insurance documentation shall not constitute a waiver of the insurance
requirement. A minimum of thirty (30) days notice of cancellation or reduction in limits
of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in
the event of non-payment of premium. Such terms shall be endorsed onto Consultant's
insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth 1000
Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same
address.
11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules
and regulations If the City notifies Consultant of any violation of such laws, ordinances, rules or
regulations Consultant shall immediately desist from and correct the violation
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-
discrimination covenant by Consultant its personal representatives, assigns, subcontractors or successors
in interest Consultant agrees to assume such liability and to indemnify and defend the City and hold the
City harmless from such claim.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail registered, return receipt requested, addressed as
follows:
To The CITY:
City of Fort Worth
Attn Charles Daniels
1000 Throckmorton Street
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
To CONSULTANT:
Gershman Brickner & Bratton, Inc
Harvey Gershman
8550 Arlington Boulevard, Suite 304
Fairfax, VA 22031
Facsimile: (703) 698-1306
Professional Services Agreement — Gershman, Brickner & Bratton, Inc.,
Page 5 of 20
14. SOLICITATION OF EMPLOYEES.
Neither the City nor Consultant shall, during the term of this agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee or
independent contractor, any person who is or has been employed by the other during the term of this
agreement, without the prior written consent of the person's employer.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
16. NO WAIVER.
The failure of the City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
Consultant's respective right to insist upon appropriate perfoiinance or to assert any such right on any
future occasion.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the internal laws of the State of Texas If
any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue
for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas, Fort Worth Division
18. 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.
19. FORCE MAJEURE.
The City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agieement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control (force majeure),
including but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar causes.
20. 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.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto.
Professional Services Agreement — Gershman, Brickner & Bratton, Inc., Page 6 of 20
22. AMENDMENTS / MODIFICATIONS / EXTENSIONS.
No extension, modification or amendment of this Agreement shall be binding upon a party hereto
unless such extension, modification, or amendment is set forth in a written instrument, which is executed
by an authorized representative and delivered on behalf of such party.
23. ENTIRETY OF AGREEMENT.
This Agreement contains all of the covenants, statements, representations and promises agreed to by the
parties. To the extent of any conflict this Agreement supersedes the terms, conditions, and
representations set forth in the City's Request for Proposals and the Consultant s Proposal and revised
scope of work and cost estimate No agent of either party has authority to make, and the parties shall not
be bound by, nor liable for, any covenant, statement, representation or promise not set forth herein. The
parties may amend this Agreement only by a written amendment executed by both parties.
24. SIGNATURE AUTHORITY.
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity The other party is fully entitled to
rely on this warranty and representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
Professional Services Agreement — Gershman, Brickner & Bratton, Inc , Page 7 of 20
M&C:
IN ; TN S WHEREOF, the parties hereto have executed this Agreement in multiples this day
of A . 2014.
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CITY OF FORT WORTH:
By:
harles Daniels
tant City Manager
Date: 07. 2/. it*
APPROVED AS TO FORM AND
LEGALITY:
By: /1/14(?.
SR. Assiant City Attorne
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CONTRACT AUTHORIZATION:
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Date Approved: � 4/ /O,/ft/
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GERSHMAN, BRICKNER & BRATTON, INC.
By: aier:
Srv1/4: William G - an
r President
Date:
ATTEST:
OFFICIAL RECORD
CITY SECRETARY
FTWORTH, TX
Professional Services Agreement — Gershman, Brickner & Bratton, Inc., Page 8 of 20
EXHIBIT A
SCOPE OF SERVICES
Consultant will evaluate and report on the effectiveness of the City of Fort Worth Solid Waste
Management Plan 1995-2015 in achieving waste reduction and disposal goals laid out in that
Plan. Consultant will recommend new strategies and goals that will allow the City to make
further progress in reducing waste, maximize resource recovery, maximize diversion, extend the
life of its landfill, and eventually create local jobs. As part of the Comprehensive Solid Waste
Management Plan (CSWMP) development process, Consultant will examine waste reduction
opportunities for all of the City's major waste streams. The CSWMP must consider the City's
waste reduction and resource recovery opportunities over a 20-year horizon (through 2035)
considering projected population growth and local waste management trends. The City expects
the CSWMP to be composed of 3 specific documents: the CSWMP proper, a Capital
Improvement Plan (CIP) and a Disaster Debris Management Plan (DDMP).
In order to allow City staff to carry out regular updating of the CSWMP, Consultant will provide
to the City the working files (Word, Excel, Power Point, etc.) used in the development of the
CSWMP. In addition to the final CSWMP document as an Adobe PDF and printed document,
Consultant will transfer the Microsoft Word file of the final CSWMP, Microsoft Excel files of
tables and figures presented in the CSWMP, templates of public meeting handouts and
presentations, and Microsoft Excel models used in the development of the Capital Improvement
Plan to the City.
The CSWMP shall have at least the following main parts and elements:
Task 1: Executive Summary
1 Assessment of the City of Fort Worth Solid Waste Management Plan 1995-2015
2 Solid Waste Industry Trends, Policies and Regulatory Review
3 Assessment of the Citywide Sustainability Efforts
4 Assessment of the Social and Environmental Impact of the CSWMP
5 Assessment of the Public Health and Safety aspects of the CSWMP
6 Assessment of Economic Development Opportunities
6.1 Expanding Recycling in Fort Worth
6.2 CNG Public/Private Refueling Locations
6.3 Commercial Compost & Mulch
6.4 Maximization of Value Extraction
6.5 Development of New Markets and Businesses
6.5.1 Recommend methods to encourage and promote markets for reclaimed and recycled materials,
and the establishment and growth of local businesses that use reclaimed and recycled
materials
6.5.2Evaluate and recommend methods to establish local businesses that use reclaimed and recycled
materials as a feedstock for manufacturing new products
6 5 3Evaluate and recommend methods to promote the use of reclaimed and recycled materials in
construction
6.5.4Perform cost/benefit analysis of any recommendations made that require City contributions or
participation
6.5 .5Export Markets and Market Diversification
7 Define the CSWMP's objectives that will provide a framework for evaluating potential program
alternatives and the establishment of strategic goals.
Task 2: Data Gatherinz and Analysis
Data Gathering and Analysis: The CSWMP is, in many ways, a discussion of how the City has and will
impact and affect vanous components of the solid waste management system; it sets forth goals for those
efforts. The City of Fort Worth intends to have a positive and lasting impact via the CSWMP, on all
aspects of the residential collection, ICI sector services, public space recycling and waste diversion, reuse
material and energy recovery, disposal sustainability efforts, extended producer responsibility, and public
education.
City laws and agency policies affecting solid waste will be evaluated for effectiveness, best practices, and
the extent to which they accurately reflect the intentions and programs the City is or will be
implementing. Consultant will research and analyze existing available planning related data and
information, which are pertinent to the alternatives development process.
1 Collect and assemble historical and current background information including population information
and area specific densities; waste generation and composition, disposal and landfill diversion figures;
current programs, policies and facilities that handle the City's solid waste and associated materials such
as the collection systems for solid waste, single -stream recyclables and green waste, reuse facilities,
MRFs, composting facilities, construction and demolition (C&D) recycling, waste conversion facilities
(as applicable), and transfer stations and landfills — active and closed ones.
2 Collect, review and analyze information pertaining to local and regional growth impacts to the City's
service area(s) and apply these growth impacts to the current Solid Waste Management Division
services, programs, and facilities.
3 Review and evaluate currently existing Solid Waste Management Division services, programs, and
facilities including assessments of completeness of City coverage, usefulness, participation rates
success (or lack of), throughput capacities, and availabilities (as applicable) and ease of ability to
modify (expand, reduce or eliminate) the Solid Waste Management Division's system components
taking into account local and regional growth impacts.
4 Review, evaluate and assess new City initiatives as they relate to solid waste such as, assessing plans
for completeness of City coverage, potential usefulness, potential participation rates possibilities for
success (or lack of), throughput capacities, and availabilities (as applicable) and applicability to the
current Solid Waste Management Division's system taking into account local and regional growth
impacts.
5 In view of the data gathered and analyzed, Consultant will develop best practices to service the needs of
the City, helping the City make the best operational, budgetary, and organizational changes going
forward.
Task 3: Identification and Evaluation of Alternatives
Consultant will identify and evaluate alternative programmatic and/or policy strategies — ranging from
funding basic programs and services to changing customer behavior to increasing recycling rates — to
achieve the City's financial environmental and social goals associated with resource recovery and
material management. Consultant shall evaluate:
1 Public outreach, engagement, and education
2 Source reduction and material reuse
3 Collection programs and frequency
4 ICI waste capture
5 Processing technologies
6 Commodity markets
8 Sustainability of operations; conceptual cost estimates and financing options for key strategies
considered
7 Economic development alternatives; business' incentives and market creation
9 Regulatory alternatives
Task 4: Public Outreach
Public Outreach* A successful Comprehensive Plan will ensure that the policies, programs and facilities
needs therein identified meet the community's needs and are embraced by the community's stakeholders.
Conducting a transparent decision -making process by engaging community members early on and
working with them throughout the planning process can enhance the community's acceptance of new
policies and facilities and support in paying for new programs Consultant will*
1 Develop and carry out public survey to garner overall public response to factors affecting services,
operations, and rates
2 Develop a maximum of six (6) web -ready fact sheets for the City's website
3 Hold a minimum of six (6) Plan Workshops with key stakeholders: public officials, officials of other
governmental entities (such as school districts), academic members, local and regional planners, policy
makers, industry representatives, businesses representatives, interested general public
4 Hold a minimum of two (2) Open Houses for the general public to convey infouuation and gather input
5 Hold a minimum eight (8) one-on-one meetings with solid waste and recycling company representatives
to determine their interest and key issues
6 Make a minimum of three (3) public presentations before City Council during the development of the
Plan
7 Schedule at least one (1) public hearing prior to the adoption of the Plan
Task 5: Strategic Planning / Recommendations
Based on the alternative programs and policies identified and evaluated, Consultant will develop the
preferred strategies and program options.
Consultant will make recommendations regarding public education, solid waste collection, capture of new
streams, processing facilities, commodity market creation and/or expansion; on ways to expand not only
recycling but value extraction and remanufacturing, commercialization of compost and mulch operations,
support of emerging alternative fuel networks, and promotion of reduction, reuse, repair, and reclamation
enterprises.
Task 6: Present and Future Funding Strategies Analysis
A 20-year CSWMP requires sophisticated analysis of financial projections and funding mechamsms, and
the foresight to accommodate future developments in population growth, technology shifts, and changes
in the waste stream volume and composition. At the same time, a 20-year CSWMP empowers the
community to utilize long-term contracts for services and facilities — as Fort Worth has done historically —
and thereby benefit from operational steadiness and stabilized costs. Consultant will evaluate the financial
and budgetary activities of the Solid Waste Services Division and will discuss fees and fee structures;
ratepayers and tax payers; funding mechanisms; budget limitations; per -ton charges, fees and costs; and
cost/benefit analysis for all services and facilities. Consultant will review current financial and operational
systems, assess existing and projected needs and analyze public -private partnership opportunities.
1 Review and evaluate currently existing and planned private sector and other governmental entity's solid
waste related services, programs and facilities within the City's waste shed in regards to: capacity, cost
quality, efficiency and effectiveness.
2 Identify any unmet needs, and make recommendations for meeting those needs through private sector
providers, public -private partnerships, partnerships with other governmental entities in the region, and/or
direct City service provision
3 Examine existing tools models, and/or case studies which foster development of partnerships (public -
public and public -private).
4 Examine alternate system funding strategies and potential costs/revenues to include but not limited to
commercial franchising, grants of privilege waste -tire tax, etc.
Consultant will develop a Microsoft PowerPoint presentation, in collaboration with City staff, for
presenting the final CSWMP to City Council.
Task 7: 20-Year Implementation Plan / Capital Improvement Plan
Consultant will develop an implementation plan that will describe the specific activities associated with
the implementation of each selected strategy and program option. A timeline projecting when new
services programs and facilities will be online shall be developed, and shall include where those facilities
could potentially be located. Estimates of the capital improvements and operating costs for these services,
programs and facilities, and projected annual diversion rates for existing and newly planned services,
programs and facilities shall also be included. For each activity listed in the Implementation Plan,
Consultant will:
1 Describe each activity to be taken;
2 Establish the date(s) the activity will be carried out;
3 Identify the responsible party(ies); and
4 Determine the projected annual diversion rate and the operating and capital cost.
Consultant will also develop a Capital Improvement Plan (CPI) based on the strategic plan that
coordinates all selected services, programs and facilities. The CPI will include year -by -year details of
services, programs and facilities needed by type and their potential location. The CPI will identify as well
funding mechanisms to pay for services, programs and facilities. Consultant will work with the City to
establish an affordable project sequence based on funding resources.
Task 8: Disaster Debris Management Plan
As an integral part of the CSWMP, Consultant will prepare a Disaster Debris Management Plan (DDMP)
that will provide the City of Fort Worth with a comprehensive disaster debris management plan for
responding to either a natural or man-made disaster. The DDMP will have the following main parts and
elements:
1. Roles and Responsibilities - Consultant will coordinate with Fort Worth's solid waste
management department to develop an organizational structure for managing potential
disaster events The DDMP will provide a complete organizational structure for managing a
range of potential disasters. Specific tasks that will be performed as part of this section of the
DDMP will include the following:
• Review the current Emergency Management Program for the City of Fort Worth
• Define Solid Waste Management's current role in the Emergency Management Program
• Define federal, state and local roles in managing debris during disaster events;
• Interview staff to identify potential organizational or communications issues that resulted
in inefficiencies during recent disaster events; and,
•
Identify methods of communication in the event of a disaster
2. Debris Forecasting for a Disaster Event - Consultant will identify potential disaster events
that may occur in Fort Worth and provide ranges of estimates of debris that may be generated
and the types of debris generated from each type of event. Data from previous regional
events, from NCTCOG as well as FEMA shall be used to develop forecasts. The following is
a list of specific types of disasters that will be evaluated:
a. Natural Disasters
• Floods
■ Tornadoes
• Major Storms
• Hail Storms
■ Drought
• Seismic events
• Fires
b. Man-made Disasters
•
•
•
•
•
Terrorism
Bombings
Fires
Train derailment
Explosions
Spills
For the above potential disasters, Consultant will provide characteristics of materials generated.
Materials may include the following:
• Vegetative Debris
• Construction and Demolition Debris
• Hazardous Waste
• White Goods
■ Soil, Mud, and Sand
• Vehicles and Vessels
• Putrescent Debris
• Infectious Waste
• Chemical, Biological, Radiological, and Nuclear -Contaminated Debris
• Garbage
3. Debris Collection Strategy — Consultant will develop a collection strategy for the various
types of disasters that may occur. This task will include the following elements:
Review the City's current collection contracts to determine existing responsibilities
and fees for collection of disaster debris;
b. Provide recommendations on contract amendments to clarify responsibilities for
debris collection and rates (rates that will be in conformance with FEMA standards);
c. Identify potential City owned vehicles for collecting materials; and,
d. Identify the potential for regional collaboration in managing the collection of disaster
debris.
4. Debris Management Sites - Consultant will identify potential temporary and permanent
debris management sites for various types of disasters.
Specific tasks will include the following:
a. Review existing disaster debris management sites and the status of these sites;
b. Interview City staff to identify other City -owned properties that could be candidates
for temporary or permanent disposal sites;
c Establish site criteria including TCEQ siting criteria, size of property, current use,
access, environmental conditions and geographic distribution;
d. Identify existing equipment on site that may be used;
e. Identify any permits or TCEQ authorizations that would be required to use site for
disaster debris management,
f. Evaluate up to eight potential sites assuming two sites in each of four quadrants of
the City;
g. Make recommendations to management for sites to be used in the event of a disaster
event, and,
h Identify current Type I or Type IV landfills or processing facilities located in the
region that could be used for disposal or processing of disaster debris.
5. Debris Reduction/Recycling Methods - Consultant will identify reduction/recycling options
for management of disaster debris. A review of the positive and negative attributes of these
options will be presented for incineration, chipping and grinding, and recycling.
6. Contracted Services - Consultant will expound the types of contract methods that can be
used for managing disaster debris, in accordance with FEMA guidelines for procurement and
contracting. Consultant will also identify contracting issues that are prohibited by FEMA for
reimbursement.
7. Monitoring Debris Removal - In order to assure reimbursement from FEMA for City
incurred costs Consultant will make recommendations on monitoring debris removal. The
DDMP will present information on the following topics:
a. Staff responsibilities;
b. Force Account Resources;
c. Outsourcing Monitoring Duties;
d. Debris Monitor Reports;
e. Truck Certification List;
f. Load Ticket System;
g Equipment; and,
h Monitoring Tips.
8. Planning for Private Property Debris Removal and Demolition - Consultant will work
with City staff to prioritize private property removal, focusing on access for EMS, utilities,
public access and immanent public hazards The DDMP will provide information regarding
the City's current codes regarding the following:
a. Legal Documentation for Demolition
b. Demolition Permitting
c. Inspections
d. Mobile Home Park Procedures
9 Health and Safety Strategy - Consultant shall identify and expound the health and safety
considerations for disaster debris management, referring existing City codes and standards for
managing municipal solid waste and hazardous waste.
10. Public Information Strategy - Consultant will develop a public information strategy for a
debris management event Information that will need to be provided to the public shall
include the following:
a Collection
b. Debris Management Sites
c. Update and Redistribution
11. FEMA Public Assistance Operations - The DDMP will provide information on current
FEMA's Public Assistance Program, program eligibility, cost reimbursement, process for
reimbursement, and further planning assistance that may be available and other program
criteria.
EXHIBIT B
PAYMENT SCHEDULE
Payment will be made on a percent completion of each task. GBB will estimate the percent
completed for each task and will bill the City monthly. Payment on invoices is expected within 30
days of invoice receipt.
Task 1 Executive Summary
Task 2 Data Gathering and Analysis
Task 3 Identification and Evaluation of Alternatives
Task 4 Public Outreach
Task 5 Strategic Planning / Recommendations
Task 6 Present and Future Funding Strategies Analysis
Task 7 20-Year Implementation Plan / Capital Improvement Plan
Task 8 Disaster Debris Management Plan
TOTAL
$ 22,700.00
$ 20,000.00
$ 40,000.00
$100,000.00
$ 42,000.00
$ 15,000.00
$ 15,000.00
$ 45,000.00
$299,700.00
Task Name
NOTIOETO PROCEED
task 1 • ProjectManagement
Kid: -off Meeting
Ongoing Communication and Projea Status
Updates
Task 2 - Data Gathering
Submit Data needs Ust
Receive Data and Review with Oty
Submission of Technical Memorandum
Task 3 • Evaluation of Program Elements
Identify Program Elements
SubmltTechnlcal Memorandum
Task 4- Eseaution of Public Involvement Process
Public Involvement Plan
Presentation of Public InvolvementPlan to City
Courxll
Web Ready Fact Sheet
Public Survey
Workshops (6)
One -on -One Meetings
Open House Meetings (2)
Prepare Draft Interim Report
Presentation of Interim Draft Report to City Coundl
Presentation of DraftFinal Report to City Coundl
Task 5 - Development of Recommendations
Prepare Technical Documents
Submission of Technical Documents
Task 6 - Osmprettensive Solid Waste Management
Plan (SWMP)
Prepare Interim Draft SWMP
Submission of interim DraftSWMP
Submission of DraftFinal SWMP
EXHIBIT C
PROJECT SCHEDULE
CRY OF FORTH WORTH, TEXAS
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Itlinstoro
Submission of Final SWMP
Mn 1 23 1 24 1 2 s 1 2 I✓ 1_ e 29 1 3 o
Ma IM9
I MD
31 32 I 33 I 34 35 I 36 I 37 I 38 I 39 I
Task Name
NOTICE TO PROCEED
Task 1 • Project Management
Kid: -off Meeting
Ongoing Communication and Project Status
Updates
Task 2- Data Gathering
Submit Data needs List
Receive Data andReview with Oty
Submission of Tethr cal Me morandun
Task 3 - Evaluation of Program Elements
Identify Program Elements
SubmitTechni cal Memorandum
Task 4- Execution of Public Involvement Process
Public InvolvementPlan
Presentation of Publlclnvolvement Plan to Oty
Coundl
Web Read/ Fact Sheet
Public Survey
Workshops (6)
One -on -One Meetings
Open House Meetings (2
Prepare Draftl me ri m Report
Presentation of Interim Draft Report to Oty Cound l
Presentation of Draft Final Report to City Coundl
rash 5 - Development of Recommendations
Prepare Technical Document;
Submission of TediN cal Documents
rusk 6- Comprehensive Solid Waste Management
Plan (SWMP)
Prepare interim DraftSWMP
Submission of Interim DraftSWMp
Submission of Draft Final SWMP
Submission of Final SWtvP
CITY OF FORTH WORTH, TEXAS
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
11 M12 M13
40 41 4243 44 45 46 41 I 4S I 49 1 50 1 51 1 52 1 53 I 54 I 55 I 56
M14
57 I 58 I 59 I 60
M15 61 I 62 I 63 I 64 I I�M1) 541
7
16 66 I 67 I 6e I 69I70
Mle9om
uaestma
mts IM1y
n I 72 I 73 1 74 I 75 I 76 I 77 I 78 I 19 I
MIlastone'
-
EXHIBIT D
RATE SCHEDULE
For additional tasks required beyond this original scope, GBB will bill on a time -and -expense basis,
according to the following rate schedule.'
POSITION $ PER HOUR
President 248.50
President 248.50
Executive Vice President 222.50
Sr. Vice President 207.00
Vice President 176.00
Project Engineer/Sr. Consultant/Support Director 114.00
Consultant II/Engineer II/Contract Administrator 93.50
Consultant I/Engineer I 72.50
Administrative Support 55.50
EXPENSES2 CHARGE
Personal Car/Company Car Current IRS Rates per mile3(or $84.75/day + fuel, whichever is less)
Local Travel Expenses (tolls, parking) As Incurred
Room and Board As Incurred
Airfare
Car Rental
Duplicating (black and white)
Duplicating (color)
Long Distance Telephone
Graphics and Art
Messenger and Delivery Service As Incurred
Subcontractors As Incurred
Facsimile Communications Outbound $0.50 per page
Coach Class, Discount Fares When Available
Discount Rate
$.15 per Copy
$.25 per Copy
As Incurred
As Incurred
1 Effective January 1, 2014 through December 31, 2014. Subject to January 1st annual increase based on CPI.
2 A fee of 5 percent applied to expenses, including subcontractors.
3 Subject to adjustment per IRS guidelines.
M&C Review
Page 1 of 2
ITY
OUNCIL AGENDA
Official site of the City of Fort Worth, Texas
FORT WORTH
COUNCIL ACTION: Approved on 6/10/2014 - Ordinance No. 21280-06-2014
DATER 6/10/2014 REFERENCE
NO.:
CODE P TYPE:
LOG NAME:
PUBLIC
HEARING:
SUBJECT: Authorize Execution of a Contract with Gershman Brickner & Bratton, Inc., for a
Comprehensive Solid Waste Management Plan for the Code Compliance Department in
the Amount Up to $299,700.00 and Adopt Supplemental Appropriation Ordinance (ALL
COUNCIL DISTRICTS)
**P-11664
CONSENT
13P14-0071 SOLID WASTE
MANAGEMENT DB
NO
RECOMMENDATION:
It is recommended that City Council.
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid
Waste Fund in the amount of $299,700.00 and decreasing the unrestricted net position by the same
amount; and
2. Authorize the execution of a contract with Gershman, Brickner & Bratton, Inc., for a
Comprehensive Solid Waste Management Plan for the Code Compliance Department in the amount
up to $299,700.00.
DISCUSSION:
The City's current Solid Waste Management Plan (1995-2015) will expire in 2015. The Code
Compliance Department, Solid Waste Division proposes to have the selected Consultant assist the
City in developing its new 20-Year Comprehensive Solid Waste Management Plan. The new plan will
present the City with the best options to make further progress in reducing waste, maximizing
resource recovery and diversion extending the life of its landfill. The new plan will also include a
Disaster Debris Management Plan to improve debris removal response following a disaster or a
significant storm event.
The City issued a Request for Proposal (RFP) No. 14-0071 on February 5 2014. The proposals
were reviewed by an evaluation committee consisting of staff from the Code Compliance Department,
the Water Department and the Transportation and Public Works Department. The committee ranked
the proposals based on past experience with developing a Comprehensive Solid Waste Management
Plan, qualifications and roles of key personnel and the thoroughness and quality of response to
project scope of work. The evaluation committee determined that Gershmann, Brickner & Bratton,
Inc., offers the best overall solution to the City
ADVERTISEMENT - This RFP was advertised in the Fort Worth Star-Telearam every Wednesday
starting February 5, 2014 through March 5 2014. Thirty-seven vendors were solicited from the
purchasing database; three responses were received
M/WBE - A waiver of the goal for MBE/SBE subcontracting was requested by the Purchasing Division
and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of
goods or service is from sources where subcontracting or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by
the City Manager in the amount of up to $50,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, this Agreement shall begin on June 11, 2014
http://apps.cfwnet org/council_packet/mc_review.asp?ID=19874&councildate=6/10/2014 7/24/2014
M&C Review Page 2 of 2
and end on December 10, 2016.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached supplemental appropriation ordinance, funds will be
available in the current operating budget as appropriated, of the Solid Waste Fund. Upon approval,
the available cash balance of the Solid Waste Fund will exceed the minimum reserve, as outlined in
the Financial Management Policy Statements.
BQN\14-0071 \DB
TO Fund/Account/Centers FROM Fund/Account/Centers
1) PE64 531200 0239901 $299.700.00 2) PE64 531200 0239901 $299,700.00
Submitted for Citv Manaaer's Office bv: Susan Alanis (8180)
Oriainatina Department Head: Aaron Bovos (8517)
Additional Information Contact:
Jack Dale (8357)
Dons Brent (2058)
ATTACHMENTS
13P14-0071 SOLID WASTE MANAGEMENT AO Revised.doc
http://apps.cfwnet.org/council_packet/mc review.asp7ID=19874&councildate=6/10/2014 7/24/2014