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HomeMy WebLinkAboutContract 46283 CITY SECRETAW CONTRACT NO. L 5 v CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Terracon Consultants, Inc., authorized to do business in Texas (the "ENGINEER"), for a PROJECT generally described as: Provide construction materials testing services for the Expansion and Renovation of General Aviation Terminal Building at Meacham International Airport project located at 4201 North Main Street in Fort Worth, Texas. Article I Scope of Services A. Scope of Services is set forth in Attachment A. Article II Compensation A. ENGINEER'S compensation (Not to Exceed $75,000.00) is set forth in Attachment "A". Article III Terms of Payment OFFICIAL RECORD CITY SECRETARY Payments to the ENGINEER will be made as follows: FT.WORTH,TX A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment A to this AGREEMENT, to reasonably substantiate the invoices. Cn m Z (2) The ENGINEER will issue monthly invoices for all work performed o under this AGREEMENT. Invoices are due and payable within 30 days of o receipt. n CAD (3) Upon completion of services enumerated in Article I, the final a payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 1 of 17 Terracon Consultants,Inc. December 2014 paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment B. A. General The ENGINEER will serve as the CITY'S professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER'S services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 2 of 17 Terracon Consullants,Inc. December 2014 evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible Mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER'S personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY'S construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 3 of 17 Terracon Consultants,Inc. December 2014 services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY'S actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER'S opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER'S knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 4 of 17 Terracon Consultants,Inc. December 2014 responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE) (SBE) Participation The SBE goal on this project is 25%. In accord with the City of Fort Worth Business Diversity Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER 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 ENGINEER reasonable advance notice of intended audits. (2) ENGINEER 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 five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that the 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 article together with subsection (3) hereof. CITY shall give subcontractor reasonable advance notice of intended audits. (3) ENGINEER and subcontractor agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 5 of 17 Terracon Consultants,Inc. December 2014 K. Insurance ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto - the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of"any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation - ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 6 of 17 Terracon Consultants,Inc. December 2014 commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto ENGINEER'S insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 7 of 17 Terracon Consultants,Inc. December 2014 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER'S insurance policies including endorsements thereto and, at the CITY'S discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Engineer The ENGINEER agrees to perform all services as an independent ENGINEER and not as a subcontractor, agent, or employee of the CITY. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 8 of 17 Terracon Consultants,Inc. December 2014 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment B. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 9 of 17 Terracon Consultants,Inc. December 2014 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER'S performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY'S facilities as may be required in connection with the ENGINEER'S services. The CITY will be responsible for all acts of the CITY'S personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER'S services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment A. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER'S services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY'S facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 10 of 17 Terracon Consultants,Inc. December 2014 (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER'S negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER'S Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. City's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 11 of 17 Terracon Consultants,Inc. December 2014 (3) The CITY will specify that the Builders Risklinstallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER'S cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment B. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 12 of 17 Terracon Consultants,Inc. December 2014 the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER'S personnel and subcontractors, and ENGINEER'S compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER'S Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 13 of 17 Terracon Consultants,Inc. December 2014 agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 14 of 17 Terracon Consultants,Inc. December 2014 Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services, Compensation, and Schedule Attachment B -Amendments to Standard Agreement for Engineering Services XXXXXXXXXX The Remainder of this Page is Intentionally Left Blank XXXXXXXXXXX Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 15 of 17 Terracon Consultants,Inc. December 2014 Executed and effective this the 1 day of Q,, , 2014. ATTEST: CITY OF FORT WORTH: By: S1Sh By: /►_- Mary J. Kayser Fernando Costa City Secretary Assistant City Manager APPROVED AS TO FORM AND LEGALITY: APPROVAL RECOMMENDED: By: Z�" By: Grant Jordan 61W DouglasjW. Wiersig, PE Assistant City Attorney Director, Transportation & Public Works Department M&C No.: C-27131 ENGIN R: M&C Date: December 9. 2014 By: E J. Cleveland, PE Senior Associate OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 16 of 17 Terracon Consultants,Inc. December 2014 ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE Refer to the attached Terracon Consultants, Inc. letter dated October 29, 2014, subject: Proposal for Construction Materials Engineering and Testing Services, Meacham General Aviation Terminal Building, 4201 N. Main St., Fort Worth, Texas, Proposal No. P95140605. If any conflict arises between the Attachments/Exhibits and the Agreement, the terms of the Agreement shall control. ATTACHMENT B -AMENDMENTS TO AGREEMENT NONE Expansion&Renovation of General Aviation Terminal Building at Meacham International Airport Page 17 of 17 Terracon Consultants,Inc. December 2014 &7 TA4G44 Mm N-r "Au Irerracon October 29, 2014 City of Fort Worth Architectural Services 401 W. 13" St. Fort Worth, Texas 76102-4616 Attention: Mr. Dalton Murayama P: [817] 392-8088 E: Dalton.Murayama @fortworthgov.org Re: Proposal for Construction Materials Engineering and Testing Services Meacham General Aviation Terminal Building 4201 N. Main St. Fort Worth, Texas Proposal No. P95140605 Dear Mr. Murayama, We appreciate the opportunity to submit our proposal to provide construction engineering and testing services for the above referenced project. This proposal describes our understanding of the project, the scope of services, and our unit fee schedule. A. PROJECT INFORMATION Site Location ITEM DESCRIPTION Location 4201 North Main St., Fort Worth, Texas Project Description ITEM DESCRIPTION Renovated airport hangar with an approximate footprint of 30,000 square Building Construction feet. The finish floor elevation is 687.84 feet. The steel framed structure will bear on a drilled-pier foundation system. Pavements Pavement will consist of cast-in-place Portland cement concrete bearing on lime-treated compacted subgrade. Grading Site grading is within 2' the proposed grades based on the grading plans. Terracon Consultants, Inc. 2501 E. Loop 820 N Fort Worth, TX P [8171 26B 8600 F [817} 268 8602 terracon.com Proposal for Construction Materials Engineering Services Irerracon Meacham General Aviation Terminal Building Fort Worth, Texas October 29, 2014 Terracon Proposal No. P95140605 B. SCOPE OF SERVICES Based on our understanding of the project, we propose to provide the following scope of testing and observation services including special inspections: Earthwork related services could include: Performing laboratory moisture-density relationship, grain size analysis and Atterberg Limits on existing subgrade soils; Performing a PI lime series for parking subgrade and optimum cement content for aviation pavements; and Performing density testing on moisture conditioned clay and low plasticity soils on the paving areas to determine the moisture content and percent compaction of the soil material. Concrete floor slab and paving related services: Field sampling and testing of concrete for slump, air content and temperature; Sets of 5 cylinders will be casted for every 100 cubic yards poured or daily; Observe reinforcing bar detailing prior to concrete placement; including rebar size, spacing and configuration; Transporting, curing and testing concrete cylinders at the testing frequency specified. Foundation related services could include: Observing belled piers relative to size, depth, bell diameter, and presence of unsuitable soils; Field sampling and testing of concrete for slump, air content and temperature; Sets of 5 cylinders will be casted for every 100 cubic yards poured or daily; Observe reinforcing bar detailing prior to concrete placement; including rebar size, spacing and configuration; Transporting, curing and testing concrete cylinders at the testing frequency specified. Masonry related services could include: Field sampling of masonry mortar and grout; Cast masonry mortar and grout compressive strength specimens; Transporting, curing and testing masonry mortar and grout specimens at the testing frequency specified. Reliable a Responsive r Convenient vi Innovative 2 Proposal for Construction Materials Engineering Services Irerracon Meacham General Aviation Terminal Building ; Fort Worth, Texas October 29, 2014 Terracon Proposal No. P95140605 Steel Observation services: Member and connection placement; Material verification of high-strength bolts, nuts and washers; and Welded connection observations by CWI inspector. Additional services/ Exclusions: If you would like us to perform any additional work, please contact us and we will issue a short Supplement to Agreement form, or Supplement Proposal, that outlines the additional work to be performed and associated fees. C. COMPENSATION Observation and material testing services provided will be billed at the rates shown on the attached 2014 Unit Fee Schedule. Based on the scope of services, we estimate a not-to- exceed budget of approximately $75,000.00 for the quantity of proposed services in the attached 2014 Unit Fee Schedule. All services will be billed at the time-and-materials rates shown on the 2014 Unit Fee Schedule. Many factors beyond our control, such as weather and the contractor's schedule, will dictate the final fee for our services. An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 7:00 AM and after 7:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. Technician and consulting services will be billed at a four hour minimum. The quantity of the work performed and factors beyond our control, such as weather and the contractor's schedule/efficiency, will affect the actual cost for our services. You will be invoiced at regular intervals but not less than monthly for services performed. Invoices for our services will be directed to the addressee of this letter unless we are directed otherwise. Payment is due within thirty (30) days following receipt of an invoice. All services must be scheduled through our dispatch office (817-268-8600) at least 24 hours in advance. Cancellations shall also be through our dispatcher prior to 4:30 pm the day prior. Our dispatch office is available between the hours of 7:30 am - 4:30 pm, M-F. After hours calls are handled by our voice mail system. It is recommended that you schedule services through our dispatch office during our regular working hours noted above. Voice mail is checked the following morning. Same day call-ins or after hour voice mail call-ins for work the following day are subject to the availability of personnel. We cannot guarantee service for same day call-ins. Reliable ■ Responsive ® Convenient a Innovative 3 Proposal for Construction Materials Engineering Services @rr�con Meacham General Aviation Terminal Building Fort Worth, Texas October 29, 2014 Terracon Proposal No. P95140605 D. SITE ACCESS AND SAFETY Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. E. TESTING AND OBSERVATION Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Terracon will provide test results and opinions based on tests and field observation only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce — not eliminate—project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these services. Terracon shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Terracon's performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. F. AUTHORIZATION We understand that this proposal will be accepted by furnishing an e-mailed authorization. This proposal is valid only if authorized within sixty days from the listed proposal date. We appreciate the opportunity to be part of your team on this project. Please contact us if you have questions or comments regarding this proposal. Sincerely, Terracon Consultants, Inc. Texas Firm Registration F-3272 nr Clinton L. Hoover, P.E., MBA AAssociat E. Materials Project Manager Attachments: Exhibit A—2014 Unit Fee Schedule Reliable a Responsive a Convenient o Innovative 4 lrerracon 2014 SCHEDULE OF SERVICES AND FEES CONSTRUCTION MATERIALS ENGINEERING Personnel Senior Principal/Program Manager, per hour...........................................................................................$ 165.00 Principal, per hour....................................................................................................................................$ 145.00 Senior Project Manager, per hour.............................................................................................................$ 135.00 Senior Roofing Professional,per hour......................................................................................................$ 120.00 Project Professional IV,per houf.............................................................................................................. $ 110.00 Project Manager,Project Professional III, per hour..................................................................................$ 100.00 Project Professional 11,Roofing Professional, per hour............................................................................$ 90.00 Project Professional I, per hour...........................................................................................$ 80.00 Engineering Technician(Level IV),(ASNT Level Ill), per hour.............................................................$ 75.00 Certified Welding Inspector(CWI), (ASNT Level lI), per hour..............................................................$ 70.00 Engineering Technician(Level III),per hour.......................................................................................... $ 65.00 Roofing Inspector,NDE Technician (Level I), per hour......................................................................... $ 65.00 Engineering Technician(Level Il),per hour............................................................................................ $ 45.00 Engineering Technician(Level 1),per hour............................................................................................. $ 40.00 Draftsperson/CAD Operator, per hour......................................................................................................$ 60.00 Administrative Assistant, per hour...........................................................................................................$ 50.00 Transportation Minimum Vehicle Charge, per trip...........................................................................................................$ 45.00 Vehicle Mileage Charge(over 75 miles round trip portal to portal our laboratory), per mile...................$ 0.65 Per Diem, lodging and food, per day .......................................................................................................$ 125.00 Reimbursable Expenses Direct non-salary expenses incurred, identifiable and not applicable to general overhead are billed at cost plus 20 percent for handling and include, but are not limited to the following: Travel, long distance calls, express charges, legal and accounting fees, computer time and programming costs, external consultants, word processing, CADD, printing and binding reports, blueprinting, photocopying,printing,photographs, environmental analytical and drilling fees, etc. Overtime Minimum Charge e A four (4) hour minimum charge for personnel and equipment is applicable to all trips made for the performance of testing, inspection or consulting services. The minimum charge is not applicable for trips to the project site for sample pick up only. All labor, equipment and transportation charges are billed on a portal to portal basis from our office. Overtime rates of 1.5 times the quoted hourly rate will be applicable to any hours worked outside of our normal office hours of 7:00 AM to 5:00 PM Monday through Friday, and any hours worked on weekends, Terracon holidays or over eight(8)hours per day. Expert testimony in depositions, hearings, mediation,and trials will be charged at 1.5 times the above rates. 1 of 4 lrerramn 2014 SCHEDULE OF SERVICES AND FEES CONSTRUCTION MATERIALS ENGINEERING Concrete Mix Verifications RegularAggregates,each.........................................................................................................................$250.00 LightweightAggregates, each..................................................................................................................$300.00 AdditionalDesign,same aggregate sample,each.....................................................................................$200.00 Review Mix Design submitted by others,each.........................................................................................$ 150.00 Batchand Confirmation of others mix design, each.................................................................................$200.00 Design Confirmation Cylinder Test(ASTM C-39);each.........................................................................$ 14.00 Design Confirmation Beam Test(ASTM C-293 or C-78),each..............................................................$ 35.00 Concrete Tests Cylinder Compression Test(ASTM C-39),each......................................................................................$ 14.00 Beam Flexural Test(ASTM C-293 or C-78),each...................................................................................$ 35.00 CubeCompression Test(ASTM C-109),each.........................................................................................$ 25.00 Lightweight Insulating Concrete Compression Test,3"x 6"cylinders (ASTM C-495),each............................................................................................................................$ 25.00 Length change of hardened hydraulic cement mortar of concrete (ASTM C-157),set of 3........................................................................................................................$250.00 Equilibrium Density of Structural Lightweight Concrete(ASTM C-567), each......................................$ 50.00 Oven Dry Density of Structural Lightweight Concrete(ASTM C-567),each..........................................$ 35.00 Density of Hardened Concrete(ASTM C-642),each...............................................................................$ 75.00 Windsor probes,per set of 3 (Technician time charged separately)(ASTM C-803)................................$ 100.00 Determining FF Floor Flatness and FL Floor Levelness Numbers for Random Traffic Floors(ASTM E-1155)(includes equipment,manpower&vehicle), 4 Hr. Minimum,per hour.....................................................................................................................$ 100.00 Hilti Ferroscan(includes equipment,manpower&vehicle),4 Hr.Minimum,per hour..........................$ 125.00 Taylor#625 Calcium Chloride Kit—floor slab vapor transmission,each................................................$ 40.00 Engius intelliRock 11 concrete maturity logger,each................................................................................$ 60.00 Cement mortar mix verification(ASTM C-305),each....................... ..... $ 150.00 ......... ........................................ Compressive strength CMU block(ASTM C-140), each.........................................................................$ 75.00 CMU block absorption only(ASTM C-140),each...................................................................................$ 50.00 Compressive strength masonry prism(ASTM C-1314) CMU prism up to 8(in.)width,Hollow Cells,each............................................................................$ 100.00 CMU prism up to 8(in.)width, Grout Filled Cells,each....................................................................$ 125.00 Brick prism up to 4(in.)width,each............... $ 75.00 .................................................................................... Compressive strength of grout prism(ASTM C-1019),each...................................................................$ 50.00 Sieve Analysis,dry(ASTM C-136),each................................................................................................$ 50.00 Sieve Analysis(ASTM C-117),each.......................................................................................................$ 40.00 Sieve Analysis w/-200(ASTM C-136&C-117),each...........................................................................$ 80.00 UnitWeight(ASTM C-29),each.............................................................................................................$ 30.00 Specific Gravity/Absorption(ASTM C-127 or C-128),each..................................... ..........................$ 55.00 Organic Impurities(ASTM C-40),each...................................................................................................$ 40.00 L.A.Abrasion(ASTM C-131 or C-535),each.........................................................................................$ 160.00 Sulfate Soundness,5 cycles(ASTM C-88),each.....................................................................................$275.00 Additionalcycles,each..................................................................................................................$ 175.00 Sampleprep if uncrushed...............................................................................................................$ 25.00 2 of 4 11'erracon 2014 SCHEDULE OF SERVICES AND FEES CONSTRUCTION MATERIALS ENGINEERING Solis Laboratory Tests Classification Moisture Content and visual classification,each......................................................................................$ 12.00 Atterberg Limits(ASTM D-4318 Method A),each.................................................................................$ 50.00 Minus No.200 Sieve(ASTM D-1140),each....... ...................................................................................$ 25.00 HydrometerAnalysis,each.......................................................................................................................$ 125.00 Compaction Optimum moisture/maximum density relations(proctors) ASTMD-698,method A&B,each ..............................................................................................$ 150.00 ASTMD-698,method C,each......................................................................................................$ 165.00 ASTMD-1557,method A&B,each............................................................................................$ 170.00 ASTM D-1557,method C,each....................................................................................................$ 190.00 TXDOT113E, each.......................................................................................................................$225.00 TXDOT114E,Part I,each.............................................................................................................$ 175.00 TXDOT114E,Part II,each...........................................................................................................$225.00 Relative density(ASTM D-4254),each............................. ......$250.00 ...................................................... Sample preparation(if required),each...........................................................................................$ 25.00 Strength TXDOT wet ball mill value(TEX I I6E),each........................................................................................$ 190.00 TXDOT triaxial series(TEX 117E),each..............................................................................................$1,250.00 California Bearing Ratio(CBR)(ASTM D-1883),each..........................................................................$250.00 Compressive Strength Tests including molding Fine grained soils(ASTM D-1633,Method A), each....................................................................$ 55.00 Base material(TEX 120E),each....................................................................................................$ 85.00 Stabilization Evaluation Soil-Lime curve,5 point PI or pH vs. Lime content,each......................................................................$275.00 Cementcontent(ASTM D-806), each......................................................................................................$300.00 Fresh cement content(ASTM D-2901),each...........................................................................................$ 75.00 Fresh cement content 3 point curve(ASTM D-2901),each.....................................................................$200.00 Compressive Strength of Cement Stabilized Sample(ASTM D-1633,Method A),each........................$ 60.00 Solis Field Services Technician time will be charged at the appropriate hourly rate plus: Nuclear density gauge,per trip.......................................................................................................$ 50.00 In-place density/moisture,non-nuclear conventional method,minimum 4,each.....................................$ 65.00 Core drilling,minimum charge per trip, local,each.................................................................................$300.00 Concrete pavement cores,4"diameter up to 6"depth or less,each..........................................................$ 75.00 Concrete coring,additional thickness greater than 6"depth, per inch......................................................$ 10.00 Testing concrete cores(includes: length, sawing,capping and compression testing),each......................$ 70.00 Asphalt pavement cores 4"diameter up to 6"depth or less,each.............................................................$ 65.00 Asphalt coring,additional thickness greater than 6"depth,per inch.................................. $ 8.00 ...................... Core hole patching charge,per each.........................................................................................................$ 20.00 Core length measurement only(ASTM C-174),per each........................................................................$ 20.00 Standby time in clients interest,machine and operator,per hour.............................................................$ 75.00 Structural Concrete Coring..........................................................................................................By Quotation 3 of 4 1 rerracon 2014 SCHEDULE OF SERVICES AND FEES CONSTRUCTION MATERIALS ENGINEERING Asphaltic Concrete Services Molding specimens (TEX 206F), set of 3.................................................................................................$ 65.00 Bulk specific gravity of lab molded specimens, set of 3...........................................................................$ 50.00 Bulk specific gravity of core specimen(TEX 207F), each.......................................................................$ 50.00 Maximum theoretical density(ASTM D-2041 or TEX 227F), each........................................................$ 100.00 Hveem stability(ASTM D-1560 or TEX 208F), set of 3.........................................................................$ 80.00 Marshall stability(ASTM D-1559), set of 3.............................................................................................$ 80.00 Extraction(ASTM D-2172 or TEX 21 OF), each......................................................................................$ 195.00 Asphalt Content and Gradation(Ignition Oven Method), each................................................................$ 195.00 HMAC Mix Design (TEX 204F), each..................................................................................................$1,400.00 HMAC Mix Design review prepared by others, each...............................................................................$ 250.00 Roofing Materials Services Dissection Analysis of built-up roof cuts(ASTM D-2829,D-3617),with aggregate...............................$ 300.00 Dissection Analysis of built-up roof cuts(ASTM D-2829, D-3617),without aggregate..........................$ 250.00 Moisture content of roofing aggregate(ASTM D-1864), each.................................................................$ 25.00 Hardness of roofing aggregate(ASTM D-1865),each.............................................................................$ 50.00 Fireproofing Spray Applied Density of spray applied fireproofing samples in field,each ...................................................................$ 30.00 Bond test(includes equipment,expendables,manpower& vehicle), per hour........................................$ 65.00 General Comments Tests not listed can be quoted on request. Rush test results are subject to a surcharge. Engineering consultation and evaluation in connection with any laboratory testing service will be charged at the appropriate rate. Materials samples should be submitted in a form that complies with applicable requirements. Prices quoted for concrete coring are for paving and flat work. Charges for coring structural concrete can be quoted on request. Special supplies, permits, equipment, associated drilling, sampling, field testing, on site facilities, grading contractors, water trucks, bulldozers, security forces, surveyors or other support services will be billed at cost plus 20 percent. All rented equipment and outside services not identified in the fee schedule will be billed at cost plus 20 percent for handling. 4 of 4 M&C - Council Agenda Page 1 of 3 Y City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/9/2014 DATE: Tuesday, December 09, 2014 REFERENCE NO.: C-27131 LOG NAME: 55FTW ADMIN BUILDING CONSTRUCTION (01527) SUBJECT: Authorize Execution of a Construction Contract with Imperial Construction, Inc., in an Amount Not to Exceed $15,872,750.00, Authorize Execution of a Materials Testing Agreement with Terracon Consultants, Inc., in an Amount Not to Exceed $75,000.00, Rescind M&C C-27061 for Site Work Related to Temporary Modular Buildings for the Expansion and Renovation of the Meacham Administration Building at Fort Worth Meacham International Airport (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a construction contract with Imperial Construction, Inc., in an amount not to exceed $15,872,750.00 for the expansion and renovation of the Meacham Administration Building at Fort Worth Meacham International Airport; 2. Authorize the execution of a Materials Testing Agreement with Terracon Consultants, Inc., in an amount not to exceed $75,000.00 for the expansion and renovation of the Meacham Administration Building at Fort Worth Meacham International Airport; and 3. Rescind M&C C-27061, approved on October 28, 2014, to perform site work related to temporary modular buildings. DISCUSSION: On May 11, 2010, (M&C C-24215) the City Council authorized an Architectural Services Agreement(City Secretary Contract No. 40243) with Hahnfeld, Hoffer and Stanford for programming and schematic design to renovate and expand the Meacham Administration Building at Fort Worth Meacham International Airport. This contract and its amendments bring the current design costs to $1,861,197.50. On March 18, 2014, (M&C G-18161) the City Council authorized the use of revenue derived from mineral leases on City-owned airports for the construction of the Meacham Administration Building (Administration Building) renovation at Fort Worth Meacham International Airport (Meacham Airport), the leasing of temporary modular buildings for occupancy by all current tenants and Aviation Administration Offices located in the building to relocate utilities and provide temporary infrastructure for the modular buildings, as well as to fund moving and storage costs to both relocate tenants to the modular buildings and back into the renovated Administration Building. The Administration Building at Meacham Airport was built in 1968 and has not been updated except for small alterations to portions of the facility, including a 1982 first floor addition. The renovation will remove the 1982 addition which will increase the size of the apron adjacent to the facility. This renovation project will also address many deficiencies including, but not limited to, an outdated heating ventilation and air conditioning system, cooling towers that are under constant repair, lack of fire protection systems on the ground level and second floor and Americans with Disabilities Act accessibility concerns. The construction portion of the project was advertised for construction in the Fort Worth.-Star-Telegram on http://apps.cfwnet.org/ecouncil/printmc.asp?id=20532&print=true&DocType=Print 12/16/2014 • M&C- Council Agenda Page 2 of 3 August 28, 2014 and September 4, 2014. On September 25, 2014, seven Offerors submitted proposals, and on October 2, 2014, four of the seven Offerors submitted the required Post Proposal PreAward documents. The following seven proposals were received (Base Proposal): Thos S. Byrne, Ltd. dba Byrne Construction Services $14,125,000.00 Imperial Construction, Inc. $14,475,000.00 Sedalco, Inc. $14,528,240.00 Steele Freeman/Howard Joint Venture $14,825,000.00 Satterfield & Pontikes Construction, Inc. $15,400,000.00 O.E. Dunn Construction Company $16,054,092.00 Balfour Beatty Construction, LLC 11$18,224,492.00 On October 17, 2014, the Best Value Selection Committee met and addressed the four proposals. The committee members included representatives from the Aviation Department, M/WBE Office, project's design architect and Transportation and Public Works Department. The four Offerors were evaluated and ranked as follows: Thos S. Imperial Sedalco Balfour Evaluation Criteria Byrne Construction Inc Beatty Inc. Construction Price 60 53 51 0 Schedule 10 10 10 10 MBE 2 2.5 J 20 5 Experience and 9 9 � 7 Reputation lRelationship with City 10 9 07 5 OT AL _ 91 83.5 77 27 RANK 1 =1 2 0 4 Based on a weighted matrix including price, schedule, MBE participation, reputation and experience, Thos S. Byrne, Ltd. (Byrne), was initially determined to offer the best value for the City, but Byrne subsequently withdrew itself from consideration. Negotiations with the second-ranked offeror, Imperial Construction Inc., were concluded successfully. Imperial Construction, Inc., is determined to offer the best value for the City. The overall project cost is expected to be: Desi n $ 1,861,197.50 Construction and Owner's Contingency (9%) plus $ 151872,750.00 Iternate 1 Materials Testing, Utilities, ITS, FF&E, Contingency, $ 11264,600.50 Staff, Art otal 18,998,548.00 The construction contract in an amount not to exceed $15,872,750.00 is based on the base proposal, Alternate No. 1 LEED Certification and general contingency allowance for use by the City only. The Owner's Contingency is being increased from 5 percent to 9 percent to perform the trailer site preparation work that was previously authorized to be performed by Williams Scotsman Inc., in M&C C-27061. Williams Scotsman Inc., withdrew itself from consideration for the site preparation. Any remaining allowance at the end of construction will be retained by the City. M/WBE OFFICE - Imperial Construction, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 24 percent MBE participation on the base bid price plus identified alternates http://apps.cfwnet.org/ecouncil/printmc.asp?id=20532&print=true&DocType=Print 12/16/2014 M&C - Council Agenda Page 3 of 3 inclusive of the contingency allowance. Terracon Consultants, Inc., is in compliance with the City's BDE Ordinance by committing to 25 percent SBE participation. The project is physically located in COUNCIL DISTRICT 2, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS, Mapsco 48T. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Airports Gas Lease Project Fund. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers (1&2)) P240 541200 552810152780 $15,947,750.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welsted (5402) Additional Information Contact: Jeff Kloska (5406) ATTACHMENTS 1. 01527 RPT 09 20141117.pdf (CFW Internal) 2. FTW Admin Bldg Map 01527.pdf (Public) 3. Revised Imperial Compliance Memo.pdf (CFW Internal) 4. Terracon MBE Compliance.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=20532&print=true&DocType=Print 12/16/2014