Loading...
HomeMy WebLinkAboutContract 48059 �'11py SECRETAN i_/19 Z p 'ONTRACT NO, c0r-� CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY'), and Kleinfelder, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Holly Water Treatment Plant Vehicle Maintenance Facility. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Proposal to Provide Soils and Construction Material Observation and Testing Services, Holly Water Treatment Plant Vehicle Maintenance Facility, Fort Worth, Texas. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article Il Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment uA". However the total fee paid by the City shall not exceed a total of Not to Exceed $69,889.60 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Cily of Fari Worth,Texas OFFICIAL RECORD Standard Agreement ror Professional Services CITY SECRETARY Reviskon pale:912412014 Page 9 of 8 FT.WORTH,TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of the length of construction, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article 1V Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in ail aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant 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 Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement far Professional Services Revision Dale:W24/2014 Page 2 of 8 Article Vi Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100;000 disease -each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultants insurance policies. b. Certificates of insurance shall be delivered to the Property Management Department, Attention: Brian Glass, 401 w 13"' Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Words Texas Standard Agreement far Professional Senares Revision Date.9124/2014 Page 3 of 0 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: Vil or equivalent measure of financial strength and solvency. f. {other than worker's compensation insurance, in lieu of traditional insurance, City may consider aitemative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any Known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k, Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort worth,Texas Standard Agreement for Professional Services Revision Date:912412D14 Page 4 of 8 Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant 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 sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit_ (3) Consultant and suis-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort worth,Texas Standard Agreement for Professional Services Revisfvn Date.8124/21714 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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, taws ordinances and regulations which may exist or may be enacted tater by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant 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. Article XIl Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall. lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article Xlll Contract Construction The Parties acknowledge that each ,party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revislorr hate.8/2462014 Page 6 of a and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, ;phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S_ Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Brian R. Glass,AIA Architectural Services Manager 401 West 13"' Street Fort Worth, Texas 76102 Consultant: Kleinfelder, Inc. ,Attn: David Boes 7805 Mesquite Bend Dr. #100 Irving, Texas 75063 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. City of Fart Worth,Texas Standard Agreement for ProWslonal Services Revision pate.-9/2412014 Page 7 of 0 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the day a J ,2016. BY: BY: CITY OF FORT WORTH CONSULTANT Kleinfelder, Inc, Jesus J. Chapa David Boes Assistant City Manager Operations Manager Date: 9^I� Date: 2_ =- APPROVAL RECOMMENDED: �By d to e Coo e Director, Property Management APPROVED AS TO FORM AND LEGALITY M&C No.: C-27820 By: M&C Date: 28 June 2016 zfA - Assistant City Attorney V:0 _Form 1295 Certification: l+!' $Ss;Z ATTEST: D �y D 70 Ma ,Kay r City ecret � FOFFICSIAL RECORD City of Fort Worth,Texas TECRETARY Standard Agreement for Professlnnal Services FT. WORTH, TJ( Revision Date:9124/2014 Page 0 of 0 AI-T^Q-i rAff\1 T (�KL EINFEL DEf,? aright People Right Soluhom March 10, 2016 Proposal No.: LOCALMKT.WEOH Mr. Ronald Clements, AIA City of Fort Worth Transportation and Public Works Department 401 West 1311 Street Fort Worth, Texas 76102 Subject: Proposal to Provide Soils and Construction Material Observation and Testing Services Holly Water Treatment Plant Vehicle Maintenance Facility Fort Worth, Texas Dear Mr. Clements: Thank you for the opportunity to submit this proposal for construction observation and materials testing services (Special Inspections) for the project referenced at the City of Fort Worth Holly Water Treatment Plant Compound. The following sections provide our understanding of the project and scope of services. PROJECT UNDERSTANDING The City of Fort Worth (the City) plans to construct a vehicle maintenance facility building and associated parking area at 2222 Daggett Avenue in Fort Worth, Texas, The project site is located within the existing Holly Water Treatment Plant Compound and is currently used as a material stack yard for the City. The proposed building will be a 1"/2 story building with a footprint area of approximately 30,801 square feet. The following scope of services is based on Kleinfelder's knowledge of the project through our geotechnical study along with discussions with City personnel and is expected to be performed on a part-time basis. Our services will be performed as scheduled by the owner or their designated representative and as such, the number of hours and tests required that we have based our proposal on should be considered approximate. We agree to provide a qualified technicians) to perform the construction materials services as identified in the following sections. To most effectively serve the client and facilitate the construction process, our services should be scheduled .24 hours in advance. We understand that the construction process incorporates a large degree of variability and as such, we will do our best to accommodate scheduling calls made on the same day as our services are needed however, we cannot guarantee that we can satisfy service requests made on the same day as the services are needed to be performed. LOCALM KT.WEOH 1 DFW16P36448 Page 1 of 4 March 10, 2016 0 2016 Klelnfelder 78D5 Mesquite Bend Drive, Suite 100, Irving,TX 75063 p l 972.858.5900 f 1 972AD9,0008 The following documents were used to develop our scope of services: • Construction drawings by O'Connor Architecture 8 Interior Design LTD Dated November 10, 2015 ■ Report of Geotechnical Study by Kleinfelder, inc. dated May 11, 2015 Our anticipated scope of services includes the following: Earthwork Perform earthwork(soils) observation and testing services including: • Observation and testing of excavations, backfills and grading activities for the building pad, • Observation and testing of compacted pavement subgrade and base materials_ • Obtain field samples and perform laboratory moisture/density relations tests (standard Proctor-ASTM 0698) and soil classification tests (liquid limit, plastic limit and percent finer that No. 200 sieve analysis) for each soil type encountered during the construction process(native soils) as required by the project geotechnical recommendations. i Perform in-place nuclear moisture/density tests on building pad, utility backfill, paving and sidewalk areas unless otherwise directed by the client. ■ Observation and documentation of drilled pier construction and other structural foundation elements. Observation and testing of utility backfill. Observation and testing of HMAC paving. Cast-In-Place Concrete Perform concrete placement observation services during the concrete placement events as well as perform field testing and sampling of the placed concrete including: • Observation of concrete placement and sampling/testing fresh concrete (slump, air content,temperature)for floor slabs, grade beams, pre-cast concrete panels. • Cast concrete compressive strength specimens at a frequency of one set for every 100 cubic yards of concrete or fraction thereof placed per day for each type of concrete placed, A concrete sample set will consist of five sample cylinders measuring approximately 4 inches in diameter by 8 inched high (though additional samples can be case if requested or approved by the client). • All concrete sample cylinder pick-up events were estimated to be performed as separate trips, independent of other services. These pick-up events consist of a technician picking up and transporting sample cylinders to the Kleinfeider laboratory for subsequent laboratory curing and compressive strength testing. Concrete compressive strength tests will be performed on sample cylinders with one tested at 7 days and three tested at 28 days. There will be one "hold" sample cylinder cast with each typical set of samples. t_OCALMKT.WLOH 1 DFW16P36448 Page 2 of 4 March 10,2016 V 2016 Kieinfelder KLEINFELDER 7805 Mesquite Bend Drive,Suite 100,Irving,TX 75063 p 1972.868.5900 f l 972.409,0008 Masonry Perform observation, documentation and testing during masonry operations, which will include: • Sample CMU grout and cast grout compressive strength specimens at the proposed rate of 1 set of 4 specimens per 2,000 square feet of wall • Compressive strength determination of grout samples with 1 tested at 7 days, and 2 tested at 28 days and 1 retained as a "hold" specimen, for additional testing as needed Structural Steel Services • Observation of placement of reinforcing steel on a periodic basis. • Observation and documentation of drilledlepoxled concrete anchors and structural steel field welded and bolted connections. ADDITIONAL SERVICES The following services are not included in the Scope of Basic Services and will be considered as Additional Services, if and when they are required or requested: • The services of specialty sub-consultants or other special outside services other than those described in the above Scope. • Observation and documentation of CMU masonry and sampling/testing of CMU mortar. • Any other services not specifically included in the above Scope, COMPENSATION It is anticipated that field services may begin approximately mid-May with the duration of the project to run approximately 12 months. KleinfeIder proposes to perform the Scope of Basic Services for a Not to Exceed Fee of $69,889. Kleinfelder proposes to perform the Scope of Services presented above on a Time and Materials basis. Invoicing for this project will use the attached Fee Schedule and the actual quantify of work performed. Invoices will be issued on a periodic basis. The net cash amount of each invoice is payable on presentation of the invoice. The City and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our observations and test results will be based upon the frequency and magnitude of our scheduled services. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 60 days from the date of this proposal, unless a longer period is specifically required for the RFP in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. LOCAL MKT,WEOH 1 DFW16P36448 Page 3 of 4 March 10,2016 0 20f6 Kleinfelder KLEINFELDER 7805 Mesquite Bend Drive, Suite 100,!ruing,TX 75063 p 1972-668-5900 f 1972.409.0008 TERMS OF ENGAGEMENT Please indicate your approval of the proposal by signing the attached Master Services Agreement and Work Order and returning the entire document to our office. A fully executed copy will be returned to you. Any modifications of the attached language must be accepted by both parties, and may result in an increase in scope and compensation. Acceptance of the proposal indicates Client's review and understanding of the scope of services, budget and terms. We appreciate the opportunity to provide you with this proposal, and look forward to working with you on this project. If you have any questions or wish to discuss, please contact us at (972)888-5900. Sincerely, KLEINFELDER, INC. Texas Registered Engineering Firm F-16438 A14 ?elPeters, PE Elizabeth MangProject Manager , FW COMET Services Attachments: Fee Estimate Basis of Charges Master Services Agreement LOCALMKT_WEOH 1 DFW16P36448 Page 4 of 4 March 10,2015 0 2016 Kleinfelder KLEINFELDER 7805 Mesquite Bend Chive,suite 100,Irving,TX 75063 p l 972.868.5900 f l 972.409.0[]08 KL EINF�L IJE10 Bright Peopk.Right Solutdons. CITY OF FORT WORTH - HOLLY WATER TREATMENT PLANT COMPOUND MUNICIPAL VEHICLE MAINTENANCE FACILITY CONSTRUCTION MATERIALS TESTING SERVICES SCHEDULE OF FEES SERVICES QTY. RATE TOTAL A. Earthwork Field Technician(hourly) 320.00 $59.00 $18,880.00 Field Technician(OT)(hourly) 60.00 $88.50 $5,310.00. Field Density Test(included in hourly rate) $0.00 Field Gradations(each) 3.00 $26.00 $78.00 Lime Depth Check(each) 3.00 $26.00 $78.00 Subtotal: $24,346.00 B. Cast-In-Place Concrete/Masonry Field Technician(hourly) 128.00 $59.00 $7,552.00 Field Technician(OT) (hourly) 10.00 $88.50 $885.00 Subtotal: $8,437.00 C. Laboratory Testing Sieve Analysis(-200) (each) 3.00 $81.00 $243.00 Moisture Density Analysis(ASTM D698) (each) 3.00 $235.00 $705.00 Atterberg Limit Test(each) 3.00 $110.00 $330.00 Lime Series(4 points) (each) 3.00 $135.00 $405.00 Concrete Cylinders(each) 164,00 $30.00 $4,920:00 Grout Compression (each) 80.00 $34.00 $2,400.00 AC Max Theo SPG(asphalt testing, each) 2.00 $147.00 $294.00 Subtotal: $9,297.00 D. Steel Inspection Structural Steel Technician (hourly) 94.00 $70.00 $6,580.00 Subtotal- $6,580.00 D. Trip Charge Within Tarrant County (per trip) 85,00 $40.00 $3,400.00 Subtotal: $3,400.00 E. project Management, Administration and Final Reporting Project Manager(hourly) 62.00 $145.00 $8,990.00 Clerical(hourly) 62.00 $60.00 $3,720.00 Project Controls Specialist(hourly) 15.00 $85.00 $1,275,00 Dispatch (hourly) 62.00 $62.00 $3,844.00 Subtotal: $17,829.00 Budget Total:11 $69,889.00 LOCALMKT.WECH 1 DFW16P36448 Page 1 of 1 March 10, 2016 C 20161Ueinfelder ACL Er1 rl'Fi `L DER Bright People,Night Solutions. February 18, 2015 Dalton Murayama, AIA Architectural Services Manager Transportation and Public Work Department 401 West 131' Street Fort Worth, Texas 76102 SUBJECT: Contract Signatory Authority for City of Fort Worth, Texas Dear Mr. Murayama: The undersigned, acting in accordance with the laws of the State of Texas, do hereby consent to the following-- David ollowing=David Boes, Operations Manager for the Dallas/Fort Worth office of Kleinfelder, is authorized, empowered and directed to take all actions and to execute, deliver, and perform for on behalf of Kleinfelder, all instruments, documents, agreements, certificates, or writings, and any amendments thereof, as such Authorized Person deems advisable in connection with work for the City of Fort Worth, Texas. David Boes is authorized, empowered, and directed to take all further actions and to execute and deliver, for and on behalf of Kleinfelder, all other instruments, documents, agreements or writings and to take such other action as he deems advisable to consummate the transactions contemplated for the City of Fort Worth, Texas. David Boes is authorized, empowered and directed to certify and attest to any documents, including without limitation, resolutions of the Kleinfelder, that he may deem necessary or appropriate to consummate the transactions. Sincerely, KLEINFELDER, INC. Texas Registered Engineering Firm F-16438 William C Siegel, PE Chairman, President and CEO MG 151023.001 P Page 1 of 1 February 18, 2015 ®2015 Kleinfelder 7805 Mesquite Bend, Suite 100, Irving,TX 75063 p 1972.868.5900 f 1972.409.(3008 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/28/2016 - Ordinance No. 22313-06-2016, 22314-06-2016 & Resolution No. 4653-06-2016 DATE: Tuesday, June 28, 2016 REFERENCE NO.: C-27820 LOG NAME: 21 MUNICIPAL VEHICLE MAINTENANCE FACILITY SUBJECT: Authorize Execution of a Construction Contract with Imperial Construction, Inc., in the Amount of $6,530,625.00, Including an Owner's Construction Contingency Allowance of$455,625.00, 7.5 Percent, for the Construction of a New Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound, Provide for Administrative Costs in the Amount of$532,304.00 and Authorize Execution of a Contract with Kleinfelder, Inc., in the Amount of$69,889.00 for Materials Testing, for a Total Anticipated Construction Cost of$7,132,818.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinances (2014 BOND PROGRAM) (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution expressing official Intent to Reimburse expenditures with proceeds of future debt for the Municipal Vehicle Maintenance Facility; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Equipment Services Fund in the amount of$70,000.00 and decreasing the unassigned net position by the same amount; 3. Authorize the transfer of$400,000.00 from the Sun Country Tank Project to supplement the funding to the Municipal Vehicle Maintenance Facility Project; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$400,000.00 in the Municipal Vehicle Maintenance Facility Project of the Water/Sewer DPN Fund; 5. Authorize execution of a construction contract with Imperial Construction, Inc., in the amount of $6,530,630.00 including an Owner's Construction Contingency allowance of$455,625.00, (7.5 percent of the base bid), for the construction of a new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound; and 6. Authorize execution of a contract with Kleinfelder, Inc., in the amount of$69,889.00 for materials testing associated with the construction of a new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound. DISCUSSION: A new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound was recommended by three different fleet consultants over the past 15 years (2002 Transportation Logname: 21MUNICIPAL VEHICLE MAINTENANCE FACILITY Page I of 4 Consultants, Inc., 2006 Scoping Study and 2010 Mercury Associates). These studies noted that 14-16 large heavy duty bays were needed to meet the maintenance needs of the existing Water Department fleet of 750+ vehicles. The current facility has 11 small bays. Design was funded by the 2014 Bond Program (Mayor and Council Communication (M&C) C-27081) and construction is being funded using the Water/ Sewer DPN Fund and the Equipment Services Fund. The City of Fort Worth issued a Request for Proposals (RFP) and received (11) proposals on January 28, 2016 for construction of the new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound. Five of these firms provided the Post Proposal—Pre Award Submittals. These firms were: • Cooper General Contractors • Haydon Building Corp • Imperial Construction, Inc. • Muckleroy & Falls • Thos. S. Byrnes, Ltd. On February 19, 2016, these five complete proposals were reviewed by members of the Water Department, Property Management Department and the M/WBE Office. They were evaluated for best value based on the selection criteria set forth in the Request for Proposals. The selection team recommends that the City enter into negotiations for the construction of this new facility with Imperial Construction, Inc. Mucklero & Thos. S. Selection Criteria Imperial Cooper Falls y Byrne Haydon Proposed Price 55 60 55 53 53 M/WBE 1 5.5 2.05.5 5.0 2.0 Proposed Schedule 10 10 1 10 F 10 F 0 Reputation/Experience F 9 7 v1 8 F 8 F 8 Past Relationship with City of 10 5 6 F10 I 5 Fort Worth -FTOTAL 89.5 84.0 1 84.5 F 86.0 F68.o The overall project costs are expected to be as described in table below: Municipal Vehicle Maintenance Facility r Totals Architectural & Engineering Design $ 704,800.00 Project Management, Survey, Geotechnical, Bid Advertisement, etc. $$ 775,200.00 Design Phase Total $ 780,000.00 Construction Contract (Imperial Construction, Inc. including 7.5% of $6,530 625.00 the Base Bid as an Owner's Construction Contingency Allowance) ' Materials Testing (Kleinfelder, Inc.) 169,889.00 Project Administration Cost: Site Utilities, IT, Security, Project $ 532,304.00 Management, Contingency, FFE, Etc. Construction Phase Total $7,132,818.00 Logname: 21MUNICIPAL VEHICLE MAINTENANCE FACILITY Page 2 of 4 Project Total 1$7,912,818.001 In accordance with the Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building Permit Fees are waived for this project. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the DPN Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2016 - 2020 Five-Year Capital Improvement Plan on February 2, 2016 (M&C G-18662). This City Council adopted plan includes this specific project, with funding identified through the DPN Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of the attached Reimbursement Resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds FUNDING SOURCES - Project Funding is coming from multiple sources. The design was paid for through the 2014 Bond Program. The construction will be funded through the Water/Sewer DPN Fund and the Equipment Services Fund. M/WBE OFFICE - Imperial Construction, Inc., is in compliance with the City's Business Diversity Enterprise (BDE) Ordinance by committing to 16 percent MBE participation on the base bid. The City's MBE goal on the base bid contract is 11 percent. The new Municipal Vehicle Maintenance Facility at the Holly Water Treatment Plant Compound is located in COUNCIL DISTRICT 9. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that the appropriation for this project is available as directed by M&C G- 18375 in the Water/Sewer DPN Fund Programmable Project No. P00004 for the Municipal Vehicle Maintenance Facility Project. Upon approval of the above recommendations and adoption of the attached reimbursement resolution and appropriation ordinances, funds will be available in the current capital budgets as appropriated, of the Water/Sewer DPN Fund and Equipment Services Fund. Logname: 21 MUNICIPAL VEHICLE MAINTENANCE FACILITY Page 3 of 4 FUND IDENTIFIERS (FIDs): TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 q&�4A 56005 0600430 4905420 CO2422 C00780 2016 $200,000.00 56005 0600430 5740010 CO2422 C00780 2016 $200,000.00 3&4)56005 070043 4905420 CO2422 C00780 2016 $200,000.00 56005 0700430 5740010 CO2422 C00780 2016 $200,000.00 60101 0212030 5900011 $70,000.00 60201 0210420 4960101 CO2422 C00780 2016 $70,000.00 1602011 0210420 1 1 CO2422 I I C00780 2016 $70,000.00 FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) 3 56005 0600430 5740010 CO2659 C01880 2016 $400,000.00 5 56005 0600430 5740010 CO2422 C00780 2016 $3,265,312.50 5 56005 0700430 5740010 CO2422 C00780 2016 3,265,312.50 56005 0600430 5330102 CO2422 C00780 2016 $34,944.00 56005 0700430 5330102 CO2422-T- C00780 2016 $34,945.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5118) Additional Information Contact: Brian Glass (8088) Logname: 21MUNICIPAL VEHICLE MAINTENANCE FACILITY Page 4 of 4