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HomeMy WebLinkAboutContract 45833 (2)CITY SECRETARY b51 CONTRACT NO. ,L, 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, Parker, Denton, and Wise Counties, Texas, as executed by Charles Daniels, its duly authorized Assistant City Manager, and Burns & McDonnell Engineering Company, Inc. ("Consultant"), a Missouri Corporation, as executed by J. David Langford, its duly authorized Vice 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 — Hourly Rates for Optional Services 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 to assist with the procurement of (a) resource recovery facility(ies) and associated services. 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. Consultant warrants that it will exercise reasonable skill, care and diligence in the performance of its services and will carry out its responsibilities in accordance with customarily accepted professional practices and applicable laws. Except for the express representations and warranties set forth hereinabove and otherwise in this Agreement, Consultant does not make any other express or implied warranties or representations of any kind whatsoever relating to this Agreement or the Services, including any implied warranty of merchantability or fitness for a particular purpose. 2. TERM. This Agreement shall commence upon the date of execution by the City ("Effective Date") and shall expire one year thereafter, unless terminated earlier in accordance with the provisions of this Agreement or agreed upon by written amendment to this Agreement by both parties. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $131,500.00 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit "B," which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and both parties approve in writing the additional scope, schedule, and costs for such services. Either party may seek a change order for a change in scope schedule and costs EFFEM A L EC@ ©U iTV SECRET WOMililly cfrn RECEIVED AUG 13 2014 related thereto which must be agreed upon by both parties by a written amendment to this Agreement. 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 -appropriation 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 conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees promptly to make full disclosure to the City in writing upon its first knowledge of such conflict. Consultant, for itself and its officers agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City, except to the extent that such disclosure is required by applicable law or court order and then only after prior notice to and consultation with the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City promptly if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement 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 at least five (5) business days' 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 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. The audit rights conferred by this section shall not permit the City to access records related to the pricing of fixed -price or lump sum amounts, the build-up of agreed rates or unit prices, or Consultant's estimating records. 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 1 espondeat 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 enterpi ise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, FOR PERSONAL INJURIES (INCLUDING DEATH) AND THIRD -PARTY PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACT OR OMISSION OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. THE CONSULTANT SHALL NOT BE OBLIGATED OR LIABLE TO THE CITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEPT ITS OWN NEGLIGENCE THAT IS THE FAULT OF THE CONSULTANT, AND/OR ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, OR OTHERS FOR WHOM CONSULTANT IS LEGALLY RESPONSIBLE. NOTWITHSTANDING THE FOREGOING, CONSULTANT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES AGAINST COSTS, DAMAGES, OR LOSSES, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, RESULTING FROM CLAIMS BY THIRD PARTIES FOR PERSONAL INJURIES (INCLUDING DEATH) OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CONSULTANT, ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS IN THE PERFORMANCE OF PROFESSIONAL DESIGN AND ENGINEERING SERVICES UNDER THIS AGREEMENT. CONSULTANT SHALL NOT BE OBLIGATED TO DEFEND OR INDEMNIFY CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES FOR THEIR RESPECTIVE NEGLIGENCE OR WILLFUL MISCONDUCT. 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, and Consultant shall have no further liability or obligations under the assigned portion of the Agreement. If the City grants consent to a subcontract, the Consultant shall require such subcontractor to execute a written agreement with the Consultant referencing this Agreement and requiring subcontractor to be bound by duties and obligations substantially similar to those of the Consultant under this Agreement as such duties and obligations may apply to the subcontractor's scope of services The Consultant shall provide the City with a fully executed copy of any such subcontract upon request, with any financial and proprietary information redacted. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following coverage limits that are to be in effect prior to commencement of any services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250 000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned hired and non -owned. (c) 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 policy limits for Employeis' 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 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 services pursuant to this Agreement All policies except Workers' Compensation and Professional Liability shall be endorsed to name the City as an additional insured thereon, as its interests may appear. All policies except Professional Liability and Employer's Liability shall contain a Waiver of Subrogation for the benefit of the City of Fort Worth. The 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 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 addiess. 10.3 Waiver of Subrogation for Property Insurance. The City and Consultant waive all rights against each other and their officers, officials, directors, agents, or employees for damage covered by builder's risk insurance during and after the completion of Consultant's services. If the services result in a construction phase related to the project, a provision similar to this shall be incorporated into all construction contracts entered into by the City, and all construction contractors shall be required to piovide waivers of subrogation in favor of the City and Consultant for damage or liability covered by any construction contractor's policy of property insurance, including builder's risk provided by such contractor, if applicable. 11. COMPLIANCE WITH LAWS. ORDINANCES. RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations Consultant shall promptly desist 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 disciiminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: City of Fort Worth Attn: Charles Daniels 1000 Throckmorton Street Fort Worth TX 76102-6311 Facsimile (817) 392-8654 14. SOLICITATION OF EMPLOYEES. To CONSULTANT. Burns & McDonnell Engineering Company, Inc. Scott Pasternak 901 S Mopac Expressway Barton Oaks Plaza One, Suite 300 Austin, TX 78746 Facsimile: (512) 329-2707 Neither the City nor Consultant shall, during the term of this agreement and additionally for a per iod of one year after its termination solicit foi 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 performance 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 foi 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. 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, Consultant s Proposal and revised cost. No agent of either party has authority to make, and the parties shall not be bound by, nor liable for, any covenant, statement representation or promise not set 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. 25. LIMITATION OF LIABILITY. NEITHER THE CITY NOR CONSULTANT SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR REVENUE, LOSS OF PRODUCTION, COST OF CAPITAL, NON -OPERATION OR INCREASED EXPENSE OF OPERATION OF OTHER EQUIPMENT OR SYSTEMS, INJURED REPUTATION, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES DOWNTIME COSTS, OR CLAIMS BY CUSTOMERS WHETHER LIABILITY IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. SUCH WAIVER SHALL NOT INCLUDE PENALTIES ENFORCED BY GOVERNMENTAL OR REGULATORY AGENCIES WITH JURISDICTION, SUCH AS THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ), TO THE EXTENT CAUSED BY CONSULTANT'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF CONSULTANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, OR ANY OF THEM, TO THE CITY AND ANYONE CLAIMING BY, THROUGH OR UNDER THE CITY, FOR ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES OR THIS AGREEMENT FROM ANY CAUSE INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR WARRANTY (EXPRESS OR IMPLIED) OF CONSULTANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONSULTANTS, OR ANY OF THEM, SHALL NOT EXCEED ONE MILLION DOLLARS ($1,000,000). THE PARTIES AGREE THAT SPECIFIC CONSIDERATION HAS BEEN GIVEN BY THE CONSULTANT FOR THIS LIMITATION AND THAT IT IS DEEMED ADEQUATE. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 1 l th day of August 2014. CITY OF FORT WORTH By• ' Charles Danie s ssistant City Manager Date: D$. ATTEST: • be B4y • /`-i�t / L- }y 5 f� City Secretary APPROVED AS TO FORM AND LEGALITY: By:0 Assisant Ci Attorney CONTRACT AUTHORIZATION: M&C: rt) Leo f Date Approved: UPOPC-1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 8 BURNS & MCDONNELL ENGINEERING COMPANY, INC. By: J. David Langford Vice President Date: WITNESS: • Bye. 941 " &Lbw _,C7 Print: i Q YL i i r L �av�_r�el • 9 EXHIBIT A SCOPE OF SERVICES Consultant shall assist the City of Fort Worth with the procurement of (a) resource recovery facility(ies) and associated services (RRFSP). The services are to be divided into two phases, emphasizing the importance of issuing the Request for Proposals (RFP) within 90 days from the Notice to Proceed (assuming the Notice to Proceed occurs after June 30, 2014). Phase One (which includes Tasks 1-4) will focus on development of the Request for Proposals (RFP). This phase also includes the task to assist the City with pre -proposal coordination and addendum preparation. Phase Two (which includes Tasks 5-7) will concentrate on evaluating vendor responses and assisting with contract negotiations. Phase One: Development of RRFSP Request for Proposals Task 1: Project Management, Information Request and Project Kick-off Meeting Task 1A: Provide Project Management and Oversight To implement the proposed approach, Consultant will provide a high level of project management and oversight throughout the project. Regular communication will be maintained between the Consultant's Project Team and City staff through formal and informal efforts. Task 1B: Information Request and Review Consultant will request and gather from the City infoimation needed to prepare the Request for Proposals (RFP). Data gathered shall include, but may not be limited to, the following: • Ordinances and policy statements; • Historical and projected solid waste and recycling operations and tonnage data; • Information/research gathered to date by City staff related to recycling processing; • Existing solid waste and recycling contracts; • Permitting and design documents for current City solid waste facilities; • Results from prior waste characterization studies; • Standard City procurement template and contract; • Population estimates and projections; • Other information that may be determined to be relevant to the project. Task 1C: On -Site Kick -Off Meeting Consultant will conduct an on -site kick-off meeting with key City staff including staff from the Purchasing and Legal Depar tinents that will be involved in the procurement process. The kick-off meeting will accomplish the following: • Introduce Consultant Project Team; • Develop an understanding of the project approach and schedule• • Develop a further understanding of the key issues for the project; and • Develop an understanding of City goals for the project. Task 1 Deliverables • Preliminary data request • On -site kick-off meeting • On -site kick-off meeting agenda and handouts, including a list of issues to be discussed Task 2• Procurement Planning and Strategy Workshops Consultant will conduct two separate procurement planning and strategy workshops with City staff to discuss key issues that will need to be addressed as Consultant develops the RFP: Task 2A: Technology and Partnership Workshop During the first procurement planning and strategy workshop, Consultant will provide an overview of resource recovery and conversion technologies and partner ship sti uctures that may be considered for the RFP. In regards to resource recovery and conversion technologies, the workshop will include an overview of the following topics: • Description of technology, • Land requirements; • Capital and operations and maintenance costs; • Compatibility of existing operations; • Delivery options available; • Permitting complexity; • Development status; • Recovered materials; • Recovery rates; and • Processing fees and recyclable revenues. During the workshop, Consultant will also facilitate discussion regarding the role of the City in the future resource recovery facility: • Should the City or vendor own the land for a resource -recovery facility? • Should the City or vendor make the capital investment to develop a resource -recovery facility? • Should the City or a private vendor operate the resource -recovery facility? This workshop will be conducted on the same day as the on -site kick-off meeting. Task 2B: Other Key Procurement Decisions Workshop The second workshop will build from the issues that will have been discussed during the kick-off meeting and first procurement planning and strategy workshop. The workshop is designed to discuss the advantages and disadvantages of various aspects of the procurement process in order to assist the Consultant in determining how to structure the RFP. The workshop may include discussion of the following: • Type of procurement process (i.e., one-step or multi -step RFP process) and other administrative logistics associated with proposal preparation and submittal; • Minimum requirements to merit a detailed evaluation; • Detailed evaluation criteria, including criteria to allow for evaluation and comparison of difference approaches to resource recovery (i e., both traditional processing systems and innovative technologies and processes); • Weighting of criteria and the approach to be used by the Evaluation Committee to score proposals based on the Project Team's evaluation • Scope of services to be provided by the successful vendor; • Initial and renewal terms of the agreement; • Extent of rate adjustments to be included in the agreement; • Description of the waste stream, • Minimum processing requirements and performance expectations; • Facility siting, infrastructure and permitting (assuming that the City will consider locating the resource recovery facility at a city -owned location); and • Other issues pertinent to the procurement, including public outreach and education and potential partnership opportunities. To meet the City's schedule, this workshop will be conducted 1 - 2 days following the workshop from Task 2A. Task 2 Deliverables • Two on -site workshops • Workshop agenda and handouts, including a list of issues to be discussed • Memorandum summarizing workshops Task 3: Preparation of Request for Proposals (RFP) As part of the development of the RFP, Consultant will prepare a draft version of the following elements of the RFP: • General terms and conditions of the RFP, including any standard terms and conditions provided by the City; • Background information, including explanation of why the RFP is being developed, historical program data, City demographic information, tonnage data, etc.; • Proposal format and content; • Proposal process, including schedule and evaluation criteria; • Proposal response forms including personnel, experience, cost, etc.; and • Other sections of the RFP. Consultant will coordinate the development of the RFP with the City's Purchasing and Legal Departments and will include any City standard language in the procurement documents. Consultant will prepare two drafts and one final version of the RFP. Upon delivery of each draft version of the RFP Consultant will conference call with City staff to discuss the draft procurement documents. The City will be responsible for consolidating comments to the draft procurement documents from multiple reviewers. The City will be responsible for final production and distribution of the procurement documents to potential proposers. Consultant will assist the City in notifying potential proposers. Specifically, Consultant will provide the City with a listing of companies and contacts that may have an interest in the services being procured. Task 3 Deliverables • Two draft and one final version of the Request for Proposals • Conference call with the City to review the first and second draft of the RFP Task 4: Pre -Proposal Coordination and Addendum Preparation Task 4A: Pre -Proposal Coordination Key members of the Consultant's Project Team will attend the pre -proposal meeting to assist the City in responding to questions related to the procurement package. Consultant will also participate in a tour of the potential facility site (if applicable). Task 4B: Addendum Coordination As necessary, Consultant will make revisions to the procurement package (via addenda) based on the results of the pre -proposal meeting and provide responses to questions. Consultant will provide the revised procurement package and questions/responses to the City for distribution to all interested vendors. Twenty hours are allocated for addendum coordination. If more time is required for such coordination, the City shall dedicate funds therefor from the budget for additional services, and Consultant shall thereafter be entitled to a change order for such additional time and cost. Task 4 Deliverables • PowerPoint presentation for the pre -proposal meeting • Development of content for any addenda that need to be developed Phase Two: Proposal Evaluation. Proposer Interviews, Contract Negotiation and Preparation Task 5: Evaluation of Proposals with City Staff Consultant will perform an evaluation of proposals received from vendors in response to the RFP. For proposals that meet the minimum requirements, Consultant will evaluate the submittals based on detailed criteria, which are to be established in the RFP and are expected to include the following: • Review and evaluate each proposer's technical and operational capability (including evaluation of proposed technology, proposed work plan, siting, permitting and infrastructure); • Review and evaluate proposer's technical approach; • Review of public education and outreach plan; • Review of proposer's experience and references; • Evaluation of proposer's financial strength and stability, and its litigation history; • Evaluation of cost proposals via Excel model as well as return on investment; • Evaluation of alternative contract language and or service procedures submitted by proposers, if applicable; and • Evaluation of other criteria specified in the RFP. Consultant will provide the City with an Excel based summary of the proposals. The summary will include the following: • List of the evaluation criteria* • Strengths and weaknesses of proposal related to evaluation criteria; • Clarifications/questions, if any, related to evaluation criteria; and • Financial evaluation based on recyclable materials market conditions, or other market conditions as appropriate for the proposal submitted. Upon the conclusion of the evaluation, Consultant will participate in one on -site meeting with City staff to discuss the findings. The budget for this task is based on evaluating a maximum of seven (7) proposals. For evaluation of additional proposals, the City shall dedicate funds therefor from the budget for additional services, and Consultant shall thereafter be entitled to a change order for such additional time and cost. The identification of proposals as compliant or non -compliant will be performed by City staff. Task 5 Deliverable • Memo that summarizes whether each proposal meets the minimum requirements • List of questions and clarification requests for each proposal • Memo and Excel matrix that summarizes the technical and financial evaluation • Conference call with the City to review evaluation Task 6: Facilitation of Proposer Interviews Following the evaluation of proposals, Consultant will assist the City with the facilitation of proposer interviews. As part of this task, Consultant will: • Assist with identifying proposers to be interviewed; • Develop questions for proposer interviews; • Participate in proposer interviews; • Revise Consultant's evaluation based on interviews; and • Compilation of scoring from evaluation committee in an Excel based format. • It is anticipated that 3 to a maximum 4 interviews will be conducted in a single day. Task 6 Deliverable(s) • Interview questions • Participation of two Consultant's Project Team members at vendor interviews for one day • Revised memo and Excel matrix that summarizes the technical and financial evaluation • Compilation of scoring from the evaluation committee Task 7: Contract(s) Negotiations and Preparation of Contract(s) Task 7A: Contract(s) Negotiations Consultant will provide contract(s) negotiations assistance to the City. Consultant's role in the contract(s) negotiations will be determined by various factors including: • Approach selected by the City (i.e., negotiate with one company or with up to three companies simultaneously); • Composition of the negotiations team (i.e., technical, legal and financial); • Number of contracts awarded (i.e., one or up to three contracts); and • Other factors related to the pi ocurement. As part of this task, Consultant may conduct the following: • On -site meetings with prospective provider(s); • Conference call(s) with City staff and/or service provider(s); • Updating financial analysis to reflect negotiated rates; • Review of proposed changes or amendments to contract; and • Other tasks as needed. The level of effort for this task will be limited to $10,000 based on the billing rates included in Exhibit C. If more time is required for this task, the City shall dedicate funds therefor from the budget for additional services, and Consultant shall thereafter be entitled to a change order for such additional time and cost. Task 7B: Preparation of Contract(s) Based on the contract(s) negotiations, Consultant will provide assistance to the City's Legal, Purchasing and Code Compliance staff to prepare the following resource recovery specific elements of the contract(s): • Contract(s) term; • Purchase and maintenance of equipment, facility, and property; • Ownership of equipment, facility, and property; • Processing requirements; • Personnel requirements; • Acceptance of materials; • Inspection and rejection of materials; • Storage of materials; • Fee/revenue structure and adjustments; • Property damage; • Recordkeeping and reporting; • Ownership of solid waste and recyclable materials; • Administrative charges; and • Other sections of the contract, as appropriate. City Attorney will review the contract(s). The level of effort for this task will be limited to $10,000 based on the billing rates included in Exhibit C. If more time is required for this task the City shall dedicate funds therefor from the budget for additional services, and Consultant shall thereafter be entitled to a change order for such additional time and cost. Task 7 Deliverable(s) • Resource recovery portions of a draft contract • Other deliverables to be determined EXHIBIT B PAYMENT SCHEDULE Consultant will be compensated for each Task 1-6 in Exhibit A as a fixed fee in accordance with the table below and not on an hourly basis. All labor, materials expenses, and costs of any kind are included in the fee and will not be compensated in addition to the fixed fee unless the level of effort exceeds the amount provided in the P,,XHIBIT A. Tasks 7 and 8 will be payable in accordance with Exhibit C" on an hourly basis plus direct out-of-pocket expenses, subject to the task not -to -exceed cost for the task, and such hourly rates shall be inclusive of all other costs and fees. Tsk 1. Project Management, Information Request and Project Kick-off Meeting Task 1A: Provide Project Management and Oversight Task 1 B: Information Request and Review Task 1C: On -Site Kick -Off Meeting 2. Procurement Planning and Strategy Workshop Task 2A: Technology and Partnership Workshop Task 2B: Other Key Procurement Decisions Workshop 3. Preparation of Request for Proposals 4. Pre -proposal Coordination Task 4A: Pre -proposal Coordination Task 4B: Addendum Preparation 5. Evaluation of Proposals with City Staff 6. Facilitation of Proposer Interviews 7. Contract Negotiations and Preparation of Contract Task 7A: Contract Negotiations Task 7B: Preparation of Contract 8. Additional Services Total *Indicates a not -to -exceed amount $2,700 $5,300 $5,400 $8,400 $10,100 $29,800 $4,800 $3,200 $32,000 $4,800 $10,000* $10,000* $5,000* $131,500 EXHIBIT C HOURLY RATES FOR OPTIONAL SERVICES Rates Senior Technical Advisor r $205 Project Manager $195 Senior Consultant/Engineer $150 - 180 Consultant/Engineer $105 - 145 Project Assistant $70 - 100 General $60 These rates shall apply for the duration of the contract term. City of Fort Worth, Texas Mayor and Council ommunication COUNCIL ACTION: Approved on 6/10/2014 - Ordinance No. 21281-06-2014 DATE• Tuesday, June 10, 2014 LOG NAME 13P14-0071-B RESOURCE RECOVERY SERVICES DB S UBJECT: Authorize Execution of a Contract with Burns & McDonnell Engineering Company, Inc., to Assist with the P rocurement of a Resource Recovery Facility for the Code Compliance Department in the Amount Up to $131,500.00 and Adopt Supplemental Appropriation Ordinance (ALL COUNCIL DISTRICTS) REFERENCE NO.: **P-11665 RECOMMENDATION. It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund in the amount of $131,500.00 and decreasing the unrestricted net position by the same amount; and 2. Authorize the execution of a contract with Burns & McDonnell Engineering Company, Inc., to assist with the procurement of a resource recovery facility for the Code Compliance Department in the amount up to $131,500.00. DISCUSSION: In order to manage the solid waste generated from the City's dynamic growth, the City must devise a comprehensive, integrated plan to ensure that the material handling and resource recovery of the solid waste collected from all sectors - residential and industrial commercial and institutional - is done in a logical, manageable and cost-efficient manner that takes into account the City's sustainability needs. The City issued a Request for Proposals (RFP) on February 5 2014, requesting a consultant to assist with the procurement of a resource recovery facility and associated services such as ways to maximize revenues from recycling further reduce the volume of solid waste sent to the City's landfill, optimize operations by reducing the hauling mileage and possibly create local jobs 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 similar procurements, experience assisting with the procurement of similar facilities and services for other municipalities in Texas, qualifications and roles of key personnel, thoroughness and quality of response to scope of work and costs of consulting services. The evaluation committee determined that Burns & McDonnell Engineering Company, Inc., offers the best overall solution to the City P RICE ANALYSIS - The procurement services provided under the previous contract have changed. Therefore, there is no direct relationship to allow comparison of current pricing to the previous contract Staff reviewed the prices and determined the prices to be fair and reasonable. 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 Logname: 13P14-0071-B RESOURCE RECOVERY SERVICES DB Page 1 of 2 database; three responses were received. M/WBE OFFICE - 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 n egligible. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager in the amount of up to $32,875.00 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 and e nd on June 10, 2015. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the recommendations and adoption of the attached supplemental appropriation ordinance, funds will be available in the current o perating 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 FUND CENTERS: TO Fund/Account/Centers 1)PE64 531200 0239901 FROM Fund/Account/Centers $131.500.00 2) PE64 531200 0239901 $131,500.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Aaron Bovos (8517) Jack Dale (8357) Doris Brent (2058) ATTACHMENTS 1. 13P14-0071 RESOURCE RECOVERY SERVICES AO Revised.doc (Public) 2. Waiver 14-0071.pdf (CFW Internal) Logname: 13P14-0071-B RESOURCE RECOVERY SERVICES DB Page 2 of 2