Loading...
HomeMy WebLinkAboutContract 57299 CSC No.57299 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 ECS Southwest, LLP authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Geotechnical Services supporting the Future City Hall Relocation Program. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Attachment "A", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachment "A" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 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 Future City Hall Relocation. (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 II 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 "A". However the total fee paid by the City shall not exceed a total of $36,990.00. 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 City of Fort Worth,Texas Standard Ac OFFICIAL RECORD Revision Date:9/27/2021 Page 1 of 10 CITY SECRETARY FT. WORTH, TX 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. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 3 months beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV 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 all 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 for Professional Services Revision Date:9/27/2021 Project Name Page 2 of 10 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 Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 West 13t" Street, Fort Worth, TX 76012, 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 Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 3 of 10 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 4 of 10 Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 5 of 10 (3) Consultant and sub-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. 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, 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. 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 XII 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 6 of 10 Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed 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 131" Street Fort Worth, Texas 76102 Consultant: ECS Southwest, LLP Attn: Ishtiaque Hossain, Ph.D., P.E. 2621 White Settlement Rd Fort Worth, TX 76107 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 7 of 10 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. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 8 of 10 company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1 ), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1 ). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 9 of 10 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and Dam Laahclpf administration of this contract, including By: DanaBur�18,20 ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: M a r 18, 2022 By: Approval Recommended: Name: Brian Glass Title: City Architect ���� Approved as to Form and Legality: By: e(o6ke(Ma4,202210:36 CST) Name: Steve Cooke Title: Director, Property Management Dept. By: Attest: Name: John B. Strong Title: Assistant City Attorney Tgnnette S. Goo�%ll Contract Authorization: By: Jannette S.Goodall(Mar 18,2022 16:23 CDT) M&C: M&C 20-0298 Name: Jannette Goodall as Font�a� Title: City Secretary 'o�°°°°°°°°°* d o PAo° O��d �vo °_� ° ° 1 o o VENDOR: �' °° 49 °°°°°°°° p ECS Southwest, LLP �44 TI'EXAsa�p By: T�14 Name: Tim Tarbutton Title: Office Manager Date: 03/07/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/27/2021 Project Name Page 10 of 10 I ECS Southwest, LLP Proposal for Subsurface Exploration and Geotechnical Engineering Services Fort Worth City Hall NEC of N Forest Park Boulevard and West 5th Street Fort Worth, Texas ECS Proposal 63:2203-GP March 2, 2022 ECS SOUTHWEST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities Tx Registered Engineering Firm F-8461 March 2, 2022 Mr. Tanyan Farley Director, Program and Change Management Athenian Group 1980 Post Oak Boulevard, Suite 1500 Houston,Texas 77056 Reference: Proposal for Subsurface Exploration and Geotechnical Engineering Services Fort Worth City Hall NEC of N Forest Park Boulevard and West 5th Street Fort Worth,Texas ECS Proposal No. 63.2203-GP Dear Mr. Farley: As requested, ECS Southwest, LLP (ECS) is pleased to present the following lump sum proposal for providing subsurface exploration and geotechnical engineering services for the referenced development. In preparing this proposal,we have reviewed the geotechnical information we have in the vicinity as well as the proposed soil boring plan (dated 01/19/2022) and geotechnical report request (dated 01/21/2022) provided by the client in their email dated February 22, 2022. PROJECT BACKGROUND Existing Site Conditions: The project site is located at the northeast corner of N Forest Park Boulevard and West 5th Street in Fort Worth, Texas (GPS: 32.7529 N, 97.3439 W). ECS did not visit the site prior to preparing this proposal. Based on Google maps, existing structure and pavements are present at the site. Project Description: Based on the proposed soil boring plan (prepared by Blue Sky Surveying & Mapping, Corporation, dated January 19, 2022) and geotechnical report request (prepared by BOKA Powell, LLC, dated January 21, 2022), we understand the project will consist of relocation of the Fort Worth City Hall to the Pier 1 Imports Building, 100 Pier 1 Place, Fort Worth, Texas. The scope of work consists of renovations to the existing twenty-story tower, a new Council Chambers Building, site enhancements, retaining walls, security upgrades and a vertical expansion of the existing four-story cast-in-place post-tensioned parking structure. The new Council Chambers Building is anticipated to contain approximately 15,000 SF and consist of one (1) level above grade with a plan layout as shown on the enclosed site plan. Construction is anticipated to consist of a steel-framed superstructure with masonry or stone veneer and curtainwall cladding. A structural ground floor per the City of Fort Worth design guidelines is anticipated. The vertical expansion of the parking structure is anticipated to be one-to four-levels in height, which is largely dependent on the capacity of the existing drilled pier foundations. Additional soil borings 2621 White Settlement Road, Fort Worth, TX 76107 • T: 682-350-2250 • www.ecslimited.com ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid-Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest, LLP ECS SOUTHWEST, LLP adjacent to the parking structure are being requested to determine if higher design values may be achieved from what is indicated in the original structural drawings. Foundation support for concentrated column loads of 5 kips to 150 kips and 2,000 kips are anticipated for the Council Chambers Building and the Parking Structure, respectively. Associated driveways, surface parking and utility improvements are also included in the project. We assume that the finished grades will be within ±2 feet from the existing site grades. SCOPE OF SERVICES In order to evaluate the subsurface conditions for the proposed development, a subsurface exploration consisting of a series of soil borings will be performed. Our integrated services will include drilling borings by drilling crews based on instructions provided by ECS. Our services will also include laboratory testing of representative soil samples, and engineering analyses presented in a site-specific engineering report. As requested, we perform a total of twelve (12) borings. The borings will be extended to the proposed depths unless auger refusal causes them to be terminated at a shallow depth. Upon completion of drilling operations, the samples will be returned to our laboratory in Fort Worth, Texas for further identification and testing. The following figure provides our proposed boring locations planned at the site: Approximate Boring Locations Vic- /� � ~—--- ,�r,.d � A" �• Fr i SB- .� .. i t - B-3 er o,n: P—M i ft PGB-1 - i B- '` PGB-2 - I n rp PGB-3 Y _ j . `•* - -F- I WEST 3TH STREET ECS Proposal No:63:2203-GP G Page 12 ECS SOUTHWEST, LLP Field Exploration Our field exploration will include: a. Field locate borings by handheld GPS unit. Elevations will be interpolated from civil drawings or referenced from published topographical maps. b. Mobilize a truck mounted drilling rig to the site. c. Perform twelve (12) borings. Three (3) borings will be drilled adjacent to the existing parking garage and one (1) boring will be drilled within the Council Chambers Building footprint to a depth of about 90 (or 40 feet into competent bedrock) below existing site grades, three (3) borings will be drilled within the Council Chambers Building footprint to a depth of about 30 feet below existing site grades. The remaining five (5) borings will be drilled within the pavement areas to a depth of about 10 feet below existing site grades. d. Obtain representative soil samples by means of the split-barrel and Shelby tube sampling procedures in accordance with ASTM Specifications D-1586 and D- 1587, respectively. e. Shale and limestone bedrock in 90-foot-deep borings will be continuously cored using wet rotary drilling techniques and samples will be obtained using an NX sized double tube core barrel with a carbide cutting bit. Texas Cone Penetrometer tests will be performed to evaluate the load carrying capacity of the bedrock encountered in the remaining borings. These tests will be performed in general accordance with test method Tex-132-E in the Texas Department of Transportation (TxDOT) Manual of Testing Procedures. f. Measure the depth of groundwater at each boring at the time of drilling and prior to backfilling. Laboratory Testing Laboratory testing of representative soil samples will be performed to determine physical and engineering properties of the soil. The laboratory testing will include the following: • Moisture content • Atterberg limits • Passing No. 200 sieve • Overburden swell • Unconfined Compression Strength (Rock) Engineering Report Upon completion of the field exploration, laboratory testing, and engineering analyses,we will prepare a written engineering report that will include: a. A review of published soils mapping and/or geologic information. b. Observations from our site reconnaissance and personnel on the drill rig, including current site conditions, surface drainage features, and surface topographic conditions, and/or available satellite imagery. c. A description of the field exploration and laboratory tests performed. d. Final logs of the soil borings in accordance with industry standard practices for geotechnical engineering. A Boring Location Plan will be included. e. The results of the laboratory tests will be plotted on the final exploration logs and/or included on separate test report pages. f. Discussion of the subsurface materials encountered along with groundwater conditions observed. Subsurface cross sections/profiles will be included that graphically represent the subsurface conditions. ECS Proposal No:63:2203-GP Page 13 ECS SOUTHWEST, LLP g. Design allowable end bearing pressure and allowable skin friction for shale and limestone bedrock to evaluate existing drilled shaft foundations. h. Geotechnical design parameters for suitable foundations for new Council Chambers Building. This will also include estimates of predicted foundation movement and soil moduli. i. Recommendations for building pad preparation to reduce active clay soil movements to 1.0 inches or less. j. Design and construction recommendations for site retaining walls, including lateral earth pressures, sliding resistance coefficients, and allowable bearing pressures. k. Discussion of earthwork construction considerations for compaction, reuse of soils, groundwater, expansive soils, shallow rock, drainage, or other considerations. I. Provide recommendations for preparation of pavement subgrades and suggested concrete and asphaltic concrete pavement sections. m. Recommendations for seismic site classification in accordance with the International Building Code (IBC 2012/2015). This analysis will be based on the Standard Penetration Test (SPT) method. UTILITY CLEARANCE Per state law, we will contact Texas 811 to locate underground utilities at the site. Typically, Texas 811 will not locate utilities beyond the point of distribution meters. The risk of hitting utilities that Texas 811 did not mark can be reduced by engaging a private utility locating service. The risks include hitting electric lines, electrocution, gas explosions, loss of services to businesses, and fiber optic lines can result in tremendous costs for lost business, interruption of service, and repair along with potential legal liability. Private utility locator services can identify utilities that incorporate significant iron content in the conduit materials. However, utilities that are more difficult to detect are utilities without significant ferrous (iron) content which includes most sanitary sewer alignments, copper or PVC water lines, fiber optic lines without tracer ribbons, copper electric lines with no surface exposure, drainage tiles/pipes, irrigation lines, etc. Using a private utility locator does not guarantee that all utilities will be identified. However, this service lowers the risk and potential liability of the client, while also protecting the safety of our field exploration crews. We will coordinate our exploration locations around marked utilities, and utilities pointed out to us by the owner/client. However, we will not be responsible for any utilities not marked or not pointed out to us by the landowner or client. For this site, we recommend the use of a private utility locator. We have included private utility locate services in our cost estimate for a lump sum fee of$1,000.00. SITE DEPARTURE CONDITIONS Upon completion of subsurface exploration drilling, we will backfill each of the excavations with the excavated soil remove excess spoils. In pavement areas, we will patch the surface with concrete of an equivalent or greater thickness. In pavement areas, we will patch the surface with concrete of an equivalent or greater thickness.Typically, we will not provide site repairs beyond what is outlined above unless specifically contracted. ECS Proposal No:63:2203-GP Page 14 ECS SOUTHWEST, LLP Please note that some disturbance to off-pavement, gravel covered, grass covered areas, including the possible cutting of trees, running over of brush and understory in wooded areas might occur. We will attempt to limit such disturbance; however, we have not budgeted for site repairs including filling of tire ruts, seeding of lawn areas, replacement of bushes or the planting of trees, etc. If necessary, additional site repairs can be provided at an additional cost. FEE Based on the scope of work outlined herein, ECS will provide our geotechnical services for a lump-sum fee of$36,990.00. Please see attached the cost estimate schedule. Our fee assumes that the site is accessible to a truck-mounted drill rig. If additional services are requested or required based on differing site conditions, we will contact you for verbal and written authorization to proceed with the additional services. SCHEDULE We have assumed that the client will assist in accessing the site (with the current site owners/occupants). We anticipate being able to mobilize to the site within three to five weeks after authorization to proceed, notification that on-site personnel if any has been made, and upon clearing utilities. Our ability to access the site and perform the field exploration may be impacted by precipitation, excessive temperatures, or other atmospheric conditions. Field exploration will be performed during normal business hours Monday through Friday. If work needs to be performed at night work or on weekends, there will be an additional fee. We anticipate that the drilling operations will require six to seven days, and that the laboratory testing, will require about 1 to 2 weeks, followed by our engineering analyses. For time budget purposes, the entire scope should take about 7 to 8 weeks from initial authorization through final report submission. If there is a specific due date for the report, please let us know. Verbal comments on findings can be provided within 1 week of completion of the borings, if requested. CLOSING If other services are required because of unexpected field conditions, or because of a request for additional services, they will be invoiced in accordance with a negotiated fee. Before modifying or expanding the extent of our exploration program, we will contact you for your review and authorization. Our "Terms and Conditions of Service," are an integral part of our proposal. Our insurance carrier requires that we receive written authorization prior to initiation of work, and a signed contract prior to the release of any work product. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning a copy of this proposal to us. ECS Proposal No:63:2203-GP Page 15 ECS SOUTHWEST, LLP We are pleased to have this opportunity to offer our services and look forward to working with you on the project. Respectfully submitted, ECS SOUTHWEST, LLP Ishtiaque Hossain, Ph.D., P.E. Teng Li, PhD, E.I.T. Geotechnical Department Manager Geotechnical Staff Project Manager Ranasinghege (Jay)Jayatilaka, Ph.D., P.E. Chief Engineer Enclosures: Proposal Acceptance Sheet Terms and Conditions of Service ECS Proposal No:63:2203-GP Page 16 COST ESTIMATE SCHEDULE TOTAL UNIT QTY. UNIT RATE COST Field Exploration: Drilling and Utility Coordination 24 hours $82.50 /hr. $1,980.00 Drill Rig Mobilization (Truck) 1 lump sum $2,500.00 each $2,500.00 Drilling Borings(0'-90') 4 borings 90 If.each $45.00 /If. $16,200.00 Drilling Borings(0'-30') 3 borings 30 If.each $40.00 /If. $3,600.00 Drilling Borings(0'-10') 5 borings 10 If.each $40.00 /If. $2,000.00 Haul excess samples off site 1 lump sum $1,000.00 each $1,000.00 Utility locate 1 lump sum $1,000.00 each $1,000.00 Field Exploration Subtotal: $28,280.00 Laboratory Testing: Visual Soil Classifications 1 lump sum $500.00 each $500.00 Moisture Content Testing 20 tests $10.00 /sample $200.00 Atterberg Limits Tests 10 tests $75.00 /test $750.00 Gradation (fines) 10 tests $40.00 /test $400.00 Overburden Swell 4 tests $75.00 /test $300.00 Unconfined Compressive Strength-Rock 32 tests $80.00 /test $2,560.00 Laboratory Testing Subtotal: $4,710.00 Engineering Services: Engineering Report 1 lump sum $4,000.00 each $4,000.00 Engineering Services Subtotal: $4,000.00 ESTIMATED TOTAL COST: $36,990.00 is\geotechnical\proposal\2203-GP Printed:3/2/2022 3:51 PM 3/25/22, 12:55 PM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRT °RTI_� Create New From This M&C DATE: 5/5/2020 REFERENCE**M&C 20- LOG 20GEOTECHNICAL AND MATERIALS NO.: 0298 NAME: TESTING SERVICES FOR CITY PROJECT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Five-Year Contracts for Geotechnical and Materials Testing Services for Various Construction Projects with Alliance Geotechnical Group, Inc., Alpha Testing, Inc., D&S Engineering Labs, LLC, ECS Southwest, LLP, East Texas Testing Laboratory, Inc., Fugro USA Land, Inc., Kleinfelder, Inc., Landtec Engineers, LLC, Mas- Tek Engineering &Associates, Inc., PaveTex Engineering, LLC d/b/a PaveTex, Rone Engineering Services, LTD, and TSIT Engineering and Consulting, LLC, with a Fee up to $3,000,000.00 per Firm (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual, five-year contracts with Alliance Geotechnical Group, Inc., Alpha Testing, Inc., D&S Engineering Labs, LLC, ECS Southwest, LLP, East Texas Testing Laboratory, Inc., Fugro USA Land, Inc., Kleinfelder, Inc., Landtec Engineers, LLC, Mas-Tek Engineering &Associates, Inc., PaveTex Engineering, LLC d/b/a PaveTex, Rone Engineering Services, LTD, and TSIT Engineering and Consulting, LLC, with a fee up to $3,000,000.00 per firm. DISCUSSION: The Transportation & Public Works Department solicited firms to provide geotechnical and materials testing services for various City infrastructure projects. A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-Telegram on January 30, February 6, February 13, February 20, February 27, and March 5, 2020. The Transportation & Public Works Department received written Statements of Qualifications (SOQ) on March 6, 2020 from 15 firms. Each firm's SOQ was evaluated based upon pre-established selection criteria such as qualification of personnel, experience, and availability of testing equipment. An inter- departmental committee selected the most qualified and recommends the following firms for contract approval: Alliance Geotechnical Group, Inc., Alpha Testing, Inc., D&S Engineering Labs, LLC, ECS Southwest, LLP, East Texas Testing Laboratory, Inc., Fugro USA Land, Inc., Kleinfelder, Inc., LandTec Engineers, LLC, Mas-Tek Engineering &Associates, Inc., PaveTex Engineering, LLC d/b/a PaveTex, Rone Engineering Services, LTD, and TSIT Engineering and Consulting, LLC . Based on current workloads, the Transportation and Public Works Department projects approximately $515,000,000.00 of infrastructure construction for City projects that will require quality control material testing over the next five years. We anticipate that approximately $30,000,000.00 will be expended for contracted geotechnical and material testing services over the same period. These agreements will not guarantee any specific amount of work or payment to any contractor. As material testing is needed for a project, a work order will be issued along with funding for specific work being identified and committed at that time. Funding for geotechnical and materials testing services for City projects will be provided through various project funding sources. Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD, in accordance with the BDE Ordinance, because the purchase of goods or services is from source where subcontracting or supplier opportunities are negligible. Additionally, Alliance Geotechnical Group, Inc., Mas-Tek Engineering & Associates, Inc. and TSIT Engineering & Consulting, LLC are certified M/WBE firms. apps.cfwnet.org/counciI_packet/mc_review.asp?ID=27867&counciIdate=5/5/2020 1/2 3/25/22, 12:55 PM M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Transportation & Public Works Capital Funds to support approval of the above recommendation and award of the contracts. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. TO Fund Departmenti Account Project Program Activity Budget Reference # Amount ID ID t Year (Chartfield 2) FROM _ Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monte Hall (8662) ATTACHMENTS 200123 Signed Department Waiver-Material Testing,pdf (CFW Internal) 20Geotechnical SAM searches.docx (CFW Internal) Alliance- Form 1295.pdf (CFW Internal) Alpha Testing - Form 1295.pdf (CFW Internal) D&S- Form 1295.pdf (CFW Internal) ECS- Form 1295.pdf (CFW Internal) ETTL- Form 1295 Fort Worth TPW 2020.pdf (CFW Internal) Fugro- Form 1295.pdf (CFW Internal) Kleinfelder- Form 1295.pdf (CFW Internal) LandTec-Form 1295.pdf (CFW Internal) Mas-Tek- Form 1295.pdf (CFW Internal) PaveTex - Form 1295.pdf (CFW Internal) Rone- Form 1295.pdf (CFW Internal) TSIT- Form 1295 Certificate 100620326 COFW.pdf (CFW Internal) a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=27867&cou nci Idate=5/5/2020 2/2