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CONTRACT No.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON §
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This Contract is made by the City of Fort Worth,Texas, a municipal corporation situated in
Tarrant and Denton 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. Scope of Services.
The specifics of such services are to assist the City of with the implementation and evaluation
for the new solid waste services approved by City Council through the execution of City Secretary
Contracts Numbers 28217, 28496, 28508 and 28358 and shall include the following:
• Assist the City in determining the cost of the current collection services embedded in
the City's contract with Waste Management;
• Assist the City in determining costs of alternative Brush and Bulky collection service
designs;
• Work with staff in developing an appropriate contract amendment, should the need
arise; and
• Assist staff in negotiating any contractual or system design change relative to the
City's contract with Waste Management.
2. Schedule.
The Consultant shall perform the services listed in Section 1 according to a schedule that is
mutually agreeable to City and Consultant. If there is a conflict between the terms of this Contract
CRP 10.20.034 1 10/20/03
and the terms of the Proposal, the terms of the Contract shall prevail. Consultant shall comply with
the schedule listed in Section 1 once the Contract for Professional Consulting Services is executed
and shall not be responsible for delays outside its control.
3. Compensation.
a. The amount to be paid to Consultant for all services performed hereunder shall not
exceed Forty-one Thousand Nine Hundred Fifty-eight Dollars($41,958), hereinafter"Consultant's
Fee." The Consultant's Fee shall include all expenses incurred by Consultant on an hourly and
expense basis as set out in the fee schedule as Exhibit`B" attached and incorporated herein in the
accomplishment of Section 1, Scope of Services, above, including any additional copies of
Consultant's presentation(s) requested by the City.
b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in the Scope of Services, for the fee described in this Section 3.a. Any
service deemed necessary by the Consultant, but beyond the stated Scope of Services must be
expressly authorized in writing by the City PRIOR to implementation of that service.
4. Data.
All documents and data prepared or furnished by Consultant and Consultant's independent
professional associates and subcontractors pursuant to this Contract are instruments of service in
respect to the Scope of Services in Section 1 herein and Consultant shall retain an ownership and
property interest therein.The City shall have the right to use and may make and retain copies of such
documents and data;however,Consultant does not warrant or represent such documents and data are
appropriate for reuse on other projects by City or by others.
CRP 10.20.034 2 10/20/03
5. Term.
The term of this Contract shall commence on October 16, 2003 and shall terminate six (6)
months to the date of execution, unless terminated earlier as provided herein.
6. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice,Consultant shall immediately discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 6.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. City has informed
Consultant that,concurrently with approval of this Contract,City will appropriate and budget 100%
of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the
commencement date of this Contract.
CRP 10.20.034 3 10/20/03
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.
7. 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 attorney's fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work or caused solely 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 or to any third party for any claim arising in connection with
this Agreement except its sole negligence that is the fault of the Consultant,and/or its agents,
employees,subcontractors, assignees, or others affiliated with Consultant.
8. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor and
not as an officer,agent or employee of the City. Consultant shall have exclusive control of,and the
exclusive right to control, the details of the work performed hereunder and all persons performing
same and shall be solely responsible for the acts and omissions of its officers,agents,employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents,employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
9. Disclosure of Conflicts.
CRP 10.20.034 4 10/20/03
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest
that develop subsequent to the signing of this Contract.
10. Right to Audit.
Consultant agrees that the City shall,until the expiration of three(3)years after final payment
under this Contract,have access to and the right to examine any directly pertinent books,documents,
papers and records of the Consultant involving transactions relating to this Contract. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace 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 the expiration of three (3) years
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.
11. Prohibition of Assignment.
CRP 10.20.034 5 10/20/03
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.
12. 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.
13. 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, such invalidity, illegality, or unenforceability,
shall be construed as if such invalid,illegal,or unenforceable provision had never been contained
herein.
14. Sole Agreement.
This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties respecting
the subject matter.
15. Notices.
All notices required or permitted under this Contract may be given to a party personally or
by mail, addressed to such party at the address stated below or to such other address as one party
CRP 10.20.03v4 6 10/20/03
may from time to time notify the other in writing. Any notice so given shall be deemed received
when deposited in the United States mail so addressed with postage prepaid:
CITY:
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT,CITY OF FORT WORTH
BRIAN BOERNER
1000 THROCKMORTON STREET
FORT WORTH,TEXAS 76102
CONSULTANT:
GERSHMAN,BRICKNER,&BRATTON,INC.
8550 ARLINGTON BLVD.,SurrE 203
FA1RFAx,VIRGINIA 220314620
16. Parties Bound .
This Contract shall be binding upon the successors and assigns of both parties in like manner
upon the original parties.
EXECUTED on this, the.3day of4�—Itl , 2003.
CITY OF-FORT WORTH GERSHMAN,BRICKNER&BRATTON,
INC
Ay Watso Assistant City Manager a ershman, President
GBB Signature Page 2
4
CRP 10.20.034 7 10/20/03
f`^7
APPROVED AS TO FORM AND LEGALITY: \---
ai"tu
;} Witness for GBB
. f
A sistant City Attdley
Attest:
Gloria Pe n, City Secretary
Contract Authorization
Date
CRP I0.20.034 8 10/20/03
Attachment "A"
Proposal to the City of Fort Worth
Department of Environmental Management
to Assist with Review and Evaluation of
Alternatives to Large Brush and Large Bulky
Waste Collection, and Associated Contract
Modification and Contractor Negotiations
Understanding of the City's Need
The City of Fort Worth implemented in spring 2003 the privatized collection
of garbage and trash, single-stream recyclables, brush and bulky waste,
Type IV waste, C&D waste, and yard waste from residences and certain small
commercial establishments through a competitively awarded contract with
Waste Management of Texas, Inc. (WMTX). Performance and payment
obligations of WMTX are guaranteed by WMTX's parent, Waste Management,
Inc. This contract has a 10-year initial term, with the potential for up to
three 10-year renewals, or an aggregate of 40 years.
The new collection service includes several dramatic changes for City
residents that could be expected to present transition challenges. Key
among these are a switch from bags to carts; replacing twice-per-week
collection of garbage with once-per-week service; and a call-in requirement
for collection of large brush and large bulky waste. To date, the City has
encountered several implementation problems with this new collection
service, the most significant of which involves the collection of brush and
bulky waste. Under the contract with WMTX, collection of large brush and
large bulky waste is done "point to point" on a call-in basis, whereby
residents are to place a call to the City's "call center" when they have large
brush and/or large bulky waste to be picked up, and the City coordinates the
service request with WMTX, who is to schedule the pickup, which requires
special equipment and crew. The call-in service arrangement has been an
attempt to bring order and efficiency to the collection of large brush and
large bulky waste, and to improve the appearance and cleanliness of the
City. Under the former system, such materials were placed at curbside by
residents without any advance scheduling and set-out controls, and often
created unsightly piles and illegal dumping on vacant lots, with
accompanying health and safety hazards.
In order to be effective, the call-in system requires close coordination
between the City and WMTX; a high level of sustained public education and
outreach by the City and WMTX; a significant monitoring and code
enforcement effort by the City; a substantial resource commitment, with
Gershman, Brickner & Bratton, Inc. 1 October 17, 2003
timely deployment and follow-through by WMTX; a willingness to cooperate
and conform to procedures, rules, and controls by residents; and the political
will to bring to bear ordinance and contract terms by Council. There have
been issues in each of these areas, and the point-to-point, call-in system for
large brush and large bulky waste is not working as planned in certain
sections of the City. Currently, certain members of Council are exploring
alternatives with WMTX and expect to have a recommended plan of action in
the very near future.
In addition to the problems with the large brush and large bulky waste, the
City has found that many residents are placing "overflow" garbage and trash
outside their refuse carts, which is non-conforming under the collection
contract and leads to the possibility of the overflow waste not being collected
and potential littering and vector problems. In many cases, the solution to
this problem could be "right-sizing" of the refuse cart, whereby the resident
could accommodate the refuse storage needs with a larger cart, say 96
gallons, if they are using a 64-gallon or 32-gallon size. Too, more intense
education and/or code enforcement could be in order. However, "overflow
refuse" can be an issue in any community where carts have replaced set-out
in unlimited bags, and once-per-week collection has succeeded twice-per-
week service. Therefore, the City is considering the application of a "bag and
tag" arrangement as a possible means to accommodate residents who, in
general, are right-sized with their refuse storage cart but may need
additional storage capacity from time to time.
In addition to the large brush and large bulky waste point-to-point collection
dilemma and the issue of overflow trash during the regular garbage and
trash collections, the City has been confronted with an elevated level of
illegal dumping on vacant lots and other locations in and around the City. To
address this, the City is considering additional code enforcement personnel
and, possibly, an additional collection crew for cleanup of such dumping sites.
In order to help evaluate proposed solutions and resource needs, and to
assist with necessary contract modifications and associated negotiations with
WMTX regarding these three issues discussed above, the City has requested
assistance from Gershman, Brickner & Bratton, Inc. (GBB). Following is our
proposed outline work plan, staffing, schedule, and budget to provide the
requested assistance.
Work Plan
• Review proposed plans of action for brush and bulky waste being
developed.
• Meet with City staff and counsel to discuss issues and needs with
proposed plans and with other changes in contracted services as
proposed by City and the implications of opening up the contract to
negotiated changes
Gershman, Brickner & Bratton, Inc. 2 October 17, 2003
• Conduct field visit of City to observe collection services
• Meet with WMTX to determine its resources and resources allocation
for its contracted services to the City and to understand issues and
needs
• Prepare cost assessment to estimate the financial impact to City and
WMTX of proposed contract changes, including:
o New arrangement for Large Brush and Large Bulky Waste
Collection
• Develop recommendations and estimated costs for any alternatives in
areas that GBB determines to be reasonable for the City to consider
• Prepare outline of recommended changes to the City's Service
Contract with WMTX and discuss internally with City and City's legal
counsel
• Participate in negotiations with WMTX for Service Contract amendment
to address changes needed. (Note: It is assumed that negotiations
involving GBB's presence in the City for same will not exceed two days
during one trip.)
• Assist in drafting and reviewing Service Contract changes, working
with City's staff and legal counsel (Note: It is assumed that City staff
and legal counsel are in the lead in preparing Contract language, and
GBB is supporting this activity primarily in a review and consulting
role.)
• Participate in conference calls with City, City legal counsel, and/or
WMTX in support of Service Contract revisions and negotiations
• Attend one City Council meeting or workshop by Messrs. Bratton and
Mehaffey to assist City in presenting modifications to the City's
collection services and the Service Contract with WMTX
Where applicable, statements concerning probable cost estimates prepared
by GBB as per the Scope of Services in Section 1, represent its judgment as
a professional familiar with the solid waste management industry. It is
recognized, however, that neither GBB nor the City has any control over the
cost of labor, materials, or equipment; over contractors' methods of
determining prices, or over competitive proposing or bidding, or market
conditions. Accordingly, GBB cannot and does not guarantee that prices will
not vary from any statement of probable cost or other cost estimates
prepared by GBB.
In planning for these services and negotiations with WMTX, GBB needs to
clarify whether the City expects GBB to start work before we get direction
from the Lane-Silcox-WMTX meetings on what they want the brush and bulky
waste program to be.
Staffing
Gershman, Brickner & Bratton, Inc. 3 October 17, 2003
GBB will assign Timothy Bratton, Senior Vice President, and Joe Mehaffey,
Principal Associate, as the primary staff to conduct this assistance. Harvey
Gershman, President, will provide overall guidance and oversight to their
efforts and be available to discuss the assignment with the City as it
progresses. All three persons are very familiar with the City of Fort Worth's
collection system, collection contract, and contractor from their previous
work for the City in the planning, procurement, and contracting of the new
collection services and from review of certain collection service transition
issues shortly after the new services started in the spring of 2003. GBB will
draw on other staff, including consulting and administrative staff, as may be
needed to support the project.
Schedule
GBB will conduct and complete this assignment, as per the Work Plan, on a
schedule that is mutually agreeable to the City and GBB. GBB is not
responsible for delays outside its control, including, but not limited to,
changes in scope and/or timing of meetings by the City; delays in getting
information needed from the City or the City's collection contractor; delays in
review by City of GBB's work products and related correspondence; delays
caused by the City's collection contractor; weather events; and other
uncontrollable circumstances outside of GBB's control. In no event will the
work plan schedule extend beyond 45 days from GBB's authorization to
proceed, unless agreed to between the City and GBB, and additional funding,
if required to support extended services by GBB, is provided by the City.
Gershman, Brickner & Bratton, Inc. 4 October 17, 2003
Cost
GBB will undertake this assignment on a time and expenses basis in
accordance with GBB's Compensation Rate and Fee Schedule (See
Attachment A). GBB's not-to-exceed price for the services shown in the
Work Plan is $42,000.00. The estimated labor hours and expenses for these
services are as follows:
Labor:
Gershman, President 16 hrs @ $188.00 $ 3,008.00
Bratton, Sr Vice President 100 hrs @ 157.00 15,700.00
Mehaffey, Principal Associate 140 hrs @ 125.00 17,500.00
Administrative Assistant 30 hrs @ 45.00 11350.00
Subtotal Labor $37,558.00
Expenses:
Travel and Subsistence $ 3,500.00
Phone/fax 300.00
Copies 50.00
Postage and Delivery 150.00
Fee on Expenses @ 10% 400.00
Subtotal Expenses $ 4,400.00
Total $41,958.00
Gershman, Brickner & Bratton, Inc. 5 October 17, 2003
Attachment "B"
2003
GERSHMAN, BRICKNER & BRATTON, INC.
COMPENSATION RATE AND FEE SCHEDULE' 2
POSITION ($ PER HOUR)
President 188.00
Sr. Vice President 157.00
Vice President 141.00
Principal Associate 125.00
Sr. Project Manager/Sr. Project Engineer/
Sr. Associate Engineer 120.00
Project Manager/Sr. Associate 105.00
Project Engineer/Sr. Consultant/Support Director 95.00
Consultant II/Engineer II/Contract Administrator 79.00
Consultant I/Engineer 1 64.00
Art Director 58.00
Support Manager 50.00
Administrative Secretary/Word Processor/ 45.00
Editor/Staff Accountant
Clerical/Support Staff/Research Assistant/Graphics Coordinator 35.00
Expenses3 Charge
Personal Car/Company Car $.36 per mile
Local Travel Expenses (tolls, parking) As Incurred
Room and Board As Incurred
Airfare Coach Class, Discount
Fares When Available
Car Rental Discount Rate
Duplicating $.15 per Copy
Long Distance Telephone As Incurred
Graphics and Art As Incurred
Messenger and Delivery Service As Incurred
Subcontractors As Incurred
Computer Charges $10.00 Per Hour
Facsimile Communications Outbound $0.50 per page
`Effective January 1, 2003, subject to adjustment on December 31, 2003.
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.
Gershman, Brickner & Bratton, Inc. 6 October 17, 2003
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/14/2003
DATE: Tuesday, October 14, 2003
REFERENCE NO.: C-19814 LOG NAME: 52GBB
SUBJECT:
Approval of Contract with Gershman, Brickner, and Bratton for Consultant Services Related to the
Implementation and Evaluation of Solid Waste Services
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Gershman,
Brickner, and Bratton, Inc. (GBB) for professional services related to the implementation and evaluation of
the City of Fort Worth's Solid Waste Management Program. The estimated amount for this contract is
$41,958.00.
DISCUSSION:
On April 1, 2003, the City implemented its new Solid Waste Management Program with a specific design
which included four times per year, per residential unit, point-to-point on demand collection of Large Brush
and Large Bulky Waste, with additional collections as may be requested and charged to the resident. The
City is in the process of evaluating this new program, and is considering possible alternative Brush and
Bulky collection service designs.
In order for the City to make a thorough determination, staff recommends that GBB be re-engaged to
perform the following tasks:
Assist the City in determining the cost of the current collection services embedded in the
City's contract with Waste Management; and
Assist the City in determining costs of alternative Bush and Bulky collection service designs; and
Work with staff in developing an appropriate contract amendment, should the need arise; and
Assist staff in negotiating any contractual or system design change.
The scope of work within GBB's contract with the City will be designed to achieve the above objectives and
will be billed on a time and materials basis. GBB will be called upon through meetings, conference calls
and correspondence with staff to achieve the specific objectives. Any deviation from the scope will require
prior written approval by the City.
FISCAL INFORMATIONXERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and execution of a
contract, funds will be available in the current operating budget, as appropriated, of the Solid Waste Fund.
Loaname: 52GBB Pqm- 1 of?
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 539120 0525002 $41.958.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (8079)
Additional Information Contact: Brian Boerner (8079)
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