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Home My WebLink AboutContract 62227City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 1 of 11 CITY OF FORT WORTH, TEXAS STANDARDAGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and ALLIANCE GEOTECHNICAL GROUP, authorized to do business in Texas, an independent contractor (“Consultant”), for a PROJECT generally described as: Construction Materials Testing Services Fort Worth Fire Station No.16. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment “A” – Proposal; 3. Attachment “B” – Verification of Signature Authority Form. Attachments “A” and “B”, 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 Attachments “A” or “B” 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 CMAR Fire Station 16 Replacement. (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 $63,090.00 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 Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 2 of 11 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. ArticleIII Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of until Certificate of Occupancy Issuance, 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 Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 3 of 11 ArticleVI 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 13th 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 Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 4 of 11 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. l. 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. Either the City or the Consultant for cause may terminate this Agreement if either City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 5 of 11 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 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 City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 6 of 11 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. 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 City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 7 of 11 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: Nikita Watts Sr Capital Projects Officer 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: Alliance Geotechnical Group Attn: Robert P. Nance 3020 Wichita Court Fort Worth, TX 76140 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 City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 8 of 11 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 (I-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 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 City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 9 of 11 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 FortWorth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 10 of 11 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Approval Recommended: By: Name: Marilyn Marvin Title: Director, Property Management Attest: By: Name: Jannette Goodall Title: City Secretary Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Nikita Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By:Douglas Black (Oct 29, 2024 11:20 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M&C: 24-0901 October 15, 2024 VENDOR: Alliance Geotechnical Group By:RobertP Nance (Oct 25,2024 11:48 CDT) Name: Robert P. Nance Title: President Date:Oct 25,2024 City of Fort Worth, Texas Revision Date: 9/27/2021 Standard Agreement for Professional Services Project Name Page 11 of 11 ATTACHMENT “B” VERIFICATION OF SIGNATURE AUTHORITY Alliance Geotechnical Group 3020 Wichita Court Fort Worth, TX 76140 Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form (“Form”) hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. 1. Name: RobertP Nance Position: President RobertP Nance RobertP Nance (Oct 25, 2024 11:48 CDT) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: RobertP Nance RobertP Nance (Oct 25, 2024 11:48 CDT) Signature of President / CEO Other Title: President Date: Oct 25, 2024 October 24, 2024 ProposalNo.: P24-1021C Mr.Juan Serrano CityofFortWorthPropertyManagementDepartment 100 Fort Worth Trail FortWorth,Texas,76102 Subject: Construction Materials Testing Services Fort Worth Fire Station No. 16 FortWorth,Texas CONSTRUCTION MATERIALS ENGINEERING &TESTING GEOTECHNICAL ENGINEERING CONSTRUCTION INSPECTION SERVICES FORENSIC STUDIES DearMr. Serrano: AllianceGeotechnicalGroup(Alliance)ispleasedtosubmitthisproposalforconstructionmaterialstesting for the above referenced project. We understand we have been selected based on the Professional Services Procurement Act. PROJECT INFORMATION Based on our review of the project plans, specifications, and geotechnical report, we understand that the project will consist of the following: Building Straightshaftpiersbearingintograylimestone Concretegradebeamsandslabongrade Secondlevel slabonmetaldeck StructuralsteelandCMUblockwalls StormshelterwithCMUblockwalls Pavingand Earthwork: Approximately 18,500 sf concrete paving over 6” lime-treated subgrade Concrete sidewalks Waterandsanitarysewerlinetie-ins Miscellaneous: Generator Slab Dumpster Pad Dallas Fort Worth Frisco Houston Huntsville Longview 3020 Wichita Court Fort Worth, Texas 76140 Tel: 817-595-4565 Fax: 817-595-1033 www.aggengr.com SCOPE OF SERVICES The following scope of services is based our review of project documents dated 07/03/2024 geotechnical report 1156-23-19 dated 11/16/2023 and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Inspections and Testing for Earthwork Obtain and perform laboratory moisture/density relations (ASTM D698/D1557/D558, TEX- 113-E, TEX-114-E) and soil classification tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type Perform in-place moisture/density tests at the rate of 1/ 10,000 square feet for paving areas, 1/2,500 square feet for building areas, 1/ 2,500 square feet for select fill, 1/75 linear feet for utilities, 1/100 linear feet for beam and footing areas, with a minimum of 2 tests per lift per area Deep Foundation Elements and Footings AGG shall observe the installation of all deep foundation elements and/or footings and record all information necessary for the AGG to provide a reliable cost reconciliation by linear foot for each type of deep foundation element and cubic yard of excavation and reinforced concrete for footings. Information to include elevation of the grade at the time of drilling, and elevation for the bottom of steel casing, when casing is used. Identification of bearing strata and elevation Whether casing is required Provide Deep Foundation Element Reconciliation Report that tabulates difference between assumed and actual conditions for the total cumulative length of uncased deep foundation elements, and cased piers were applicable, for each diameter and reinforcement pattern. Inspections and Testing for Concrete Construction Perform reinforcing steel inspection prior to concrete placement (generally the same day unless scope of pour deemed too large by AGG) for conformance with project plans and reviewed shop drawings During concrete pours, for each intended use, AGG shall sample concrete from the first concrete truck on each day of concrete pouring and a minimum of one truck every 150 cubic yards thereafter. Perform testing and inspections during concrete placements, which will include: collect a copy of the batch ticket and verify mix design matches reviewed submittal collect a sample in accordance with ASTM C172 perform slump test in accordance with ASTM C143 perform air content test in accordance with ASTM C231 or ASTM C173 perform unit weight test in accordance with ASTM C138 record concrete temperature in accordance with ASTM C1064 fabricate cylinders molded and standard-cured in accordance with ASTM C31; either four 6” x 12” or five 4” x 8” perform compression testing in accordance with ASTM C39 Inspections and Testing for Masonry Construction Perform testing for structural masonry work, which will include: During the first day of masonry work, AGG to observe mason mixing first batches of mortar and grout, verifying: Ingredients consistent with reviewed mix submittals Volumetricproportions are consistent with the reviewed mix submittals Containers of known volume are used when batching Once every 5,000 square feet of structural masonry construction: Inspect horizontal and vertical reinforcing Inspect grout spaces Sample grout and fabricate a set of three (3) grout prisms and test in accordance with ASTM C1019 Perform slump determination Inspections and Testing for Steel Construction Verification of welder qualifications Verify off-site fabrication occurred at AISC certified fabrication shop Inspection of structural steel members Inspection of at least 10% of welds that are not Full Penetration welds Visual inspection of all Full Penetration Welds Ultrasonic Testing of at least 10% of Full Penetration Welds Inspection of at least 10% of load-indicator type bolts Inspection of at least 10% of anchor bolts (non Overhead Adhesive Anchor Bolts) Inspection of installation of Overhead Adhesive Anchors, if any Metal Deck inspection, to include type, gauge, finish, weld pattern, and side lap connections to conform with reviewed deck submittals COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $63,090.00. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. The City of Fort Worth and Alliance Geotechnical Group may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Services provided by Alliance will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Please indicate your approval of the proposal and the Alliance Geotechnical Group’s General Conditions by signing below acceptance form and returning. Any modifications of the attached language must be accepted by both parties. We appreciate the opportunity to provide you with our services. If you have any questions or wish to discuss any aspect of our proposal, please call us. Following your authorization, we are ready to begin work and look forward to a successful project. Sincerely, Alliance Geotechnical Group AlexCionca, C.E.T. JoshDavis,M.Eng.,S.E.T. Project Manager Branch Manager Attachments: Fee Schedule EstimatedQuantities Acceptance Form Remarks Alliance Geotechnical Group PROJECT DATA SHEET - BUDGET Fire Station No.16 (P24-1021C) Concrete 1000 Making cylinders/beams, and air/slump/temperature tests 121.00 @ $50.00 $6,050.00 1008 Cylinder pick-up, including tech time and transportation 44.00 @ $160.00 $7,040.00 ASTM C39 Curing and Strength test of concrete Cylinder – ASTM C39 195.00 @ $20.00 $3,900.00 Concrete Budget: $16,990.00 Masonry ASTM C1019 Sampling and Testing Grout (Grout Prisms) 40.00 @ $25.00 $1,000.00 Masonry Budget: $1,000.00 Misc 1200 Pier Inspection 56.00 @ $70.00 $3,920.00 1201 Pier Inspection Overtime 28.00 @ $105.00 $2,940.00 1301 Principal Engineer 6.00 @ $175.00 $1,050.00 1303 Geotechnical Engineer 6.00 @ $150.00 $900.00 1307 Project Manager 55.00 @ $105.00 $5,775.00 1322 Transportation, per trip 75.00 @ $45.00 $3,375.00 2200 Reinforced Concrete Special Inspector 30.00 @ $100.00 $3,000.00 2210 Soils Special Inspector 30.00 @ $100.00 $3,000.00 2220 Masonry Special Inspector 80.00 @ $100.00 $8,000.00 Misc Budget: $31,960.00 Soils 1400.1 In-placedensity usingnuclear gauge, first 1½ hour 30.00 @ $180.00 $5,400.00 1408.1 Sampling for in-lab test, includingtech time and transportation charge 4.00 @ $160.00 $640.00 ASTM D1140 Percent passing #200 sieve – ASTM D1140/ C117 4.00 @ $45.00 $180.00 ASTM D4318 LiquidLimit, Plastic Limit, and PlasticityIndex of Soils 15.00 @ $60.00 $900.00 ASTM D6938 After the first 1½ hour 65.00 @ $55.00 $3,575.00 ASTM D698 Standard proctor – ASTM D 698 8.00 @ $165.00 $1,320.00 Tex-101-E Pt. 3 Gradation (lime or cement) and/or lime depth measurement 6.00 @ $55.00 $330.00 Tex-112-E Admixing Lime to Reduce the PlasticityIndex of Soils 1.00 @ $270.00 $270.00 Tex-145-E Soluble sulfate test – TEX-145-E 7.00 @ $75.00 $525.00 Soils Budget: $13,140.00 Total Budget: $63,090.00 Cost Estimate ACCEPTED BY: CME ACCEPTANCEFORM Date:October 24,2024 AGG Cost Estimate No:P24-1021C Project Name:Fort Worth FireStation No.16 CME Estimate:$63090.00 Project City:Fort Worth,Texas *HighlightedAreasMustBe Filled Out* CLIENT:ATTN: ADDRESS:EMAIL: CITY/STATE/ZIP:PHONE/FAX: OWNER OF PROPERTY: ADDRESS:CITY/STATE/ZIP: PROJECT LEGAL DESCRIPTION: PROJECT COUNTY: The undersigned hereby accepts all the Terms and Conditions set forth in this cost estimate and warrants that he/she has full authority to bind the Client. PaymentTerms: Net Within 30 days in Dallas, Texas. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4 th day and continue until signed authorization is received in our office. For projects with new clients under $1,000.00, written authorization must be received prior to the start of work and payments must be received before reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to the site to perform the work. Signature Title Date Please indicate in thespace provided authorized field personnel, alongwith pager or mobile numbers, who may sign our Field Technician’s time ticket upon completion of our daily work: If no names are provided it will be understood no authorized field representative signature was required. REPORT DISTRIBUTION FIRM CONTACT NAME EMAIL Accounts Payable Contact: Name:Phone:Email: Dispatch schedulehours are Monday-Friday from 7:00 am to 5:00 pm. Schedule call made after these hours will bereturned in the order received. Please make sure to schedule work in a timely manner (a minimum of 24 hours in advance) if you want Alliance to guarantee a technician on site at the desired time. Dispatch phone number is 817-595-4565. Note: You must reference Alliance’s job project number to schedule services. If project number is unknown please reference cost estimate number shown on the CMT acceptance form. REMARKS Services and fees not listed above will be quoted on request. Invoices will be submitted monthly for services performed. Payment will be due in Dallas within thirty (30) days of receipt of invoice. Interest will be added to delinquent accounts at a rate of 1.5 percent for each month of delinquency. Payment of the invoices is not contingent on Client’s agreement or acceptance of Alliance Geotechnical Group’s test result or findings. If CLIENT objects to any portion of an invoice or report, it shall notify Alliance Geotechnical Group in writing within ten (10) days from the date of actual receipt of the invoice of the amount andnature of the dispute, and shall timely pay undisputed portions of the invoice. The above unit prices are applicable for one year from the date of this letter and are subject to change without notice thereafter. Next day results for “RUSH” Proctor Tests will be charged at 1.5 times the standard unit prices. The prices above include electronic copies of the report distributed in accordance with client’s instructions. Additional copies to individuals not listed on acceptance form whether physically or electronically, will be billed at administrative rate. Additional physical copies will be billed at a rate of $.25 per sheet. All field services are charged portal-to-portal, minimum charge of 4 hours per trip (rounded to the nearest whole hour) applies to all field work, U.N.O. Field density testing will be charged at a minimum of 3 tests per trip. All reports are available on line via user log in at www.alliancerpts.com Cancellations will be invoiced for portal to portal times as well as time spent on site awaiting determination of cancellation. This proposal does not include any technician stand-by, non-readiness charges, and/or trips or re-tests of the previous failing tests. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eight (8) hours per day Monday through Fridayor any time before 7:00 a.m. or after 5:00 p.m. Service performed on Saturdays and Sundays will be billed at 1.5 times the regular hourly rate. Services performed on recognized holidays will be billed at 2.0 times the regular hourly rate. Waiver of Subrogation – If a Waiver of Subrogation isrequired byyour company, therewill be a fee applied to your first invoice. The fee will be a minimum of $300.00 charge or 1% of contract price plus $50.00, whichever is greater. Alliance Geotechnical Group provides no warranty, either expressed or implied, that the testing provided under this contract satisfies all requirements of the plans and specifications for the project, applicable City specifications or other governing bodies that may have jurisdiction over the project. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office. For projects with new clients under $1000.00 written authorization must be received prior to the start of work and payments must be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to site to perform the work. PLEASE NOTE: In keeping OSHA Safety regulation, Alliance Geotechnical Group employees will not enter a trench to test that is not in compliance with current OSHA regulations. Delays or cancellations caused by waiting for trench(s) to be brought into compliance will be invoiced on an hourly basis. M&C Review Page 1 of 4 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32607&councildate=10/15/2024 10/16/2024 CITY COUNCIL AGENDA Official site of the City of Fort Worth, Texas Create New From This M&C DATE: 10/15/2024 REFERENCE NO.:M&C 24-0901 LOG NAME: 21FIRE STATION 16 CMAR CODE:C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: (CD 3) Authorize Execution of a Construction Manager at Risk Contract with Batson-Cook Company with a Construction Phase Fee of 3.5%; Accept the Guaranteed Maximum Price of $9,375,500.00 for the Construction of a New Fire Station 16 within a Project Budget of $14,113,534.00, Adopt Appropriation Ordinances and Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024 – 2028 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Construction Manager at Risk contract with Batson-Cook Company with a Construction Phase Fee of 3.5\% incorporated within Guaranteed Maximum Price not to exceed $9,375,500.00 for construction of new Fire Station 16; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund for the Property Management Department in the amount of $3,663,534.00, from available fund balance, for the purpose of transferring to the General Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $3,663,534.00, transferred from the General Fund, for the purpose of funding the Fire Station 16 project (City Project No.104185); and 4. Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024 – 2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Construction Manager at Risk (CMAR) contract with Batson-Cook Company for construction services and to allocate and appropriate additional funding for the new Fire Station 16. Batson-Cook Company has performed preconstruction phase services for a fee of $25,000 (CSC 60977) and has proposed to perform construction phase services for a fee of 3.5\%, which fee is incorporated into the project’s guaranteed maximum price (GMP) in the amount of $9,375,500.00. Staff finds the proposed fee fair and reasonable. The GMP includes the Base Proposal ($8,579,792.00), Owner's construction contingency allowance ($627,191.00) and Alternate One ($168,517.00). The total anticipated project cost is $14,113,534.00, which includes the CMAR’s pre-construction phase services, other design costs, Owner’s project contingency, materials testing and special inspections and land acquisition. The 2022 Bond Program allocated $10,450,000.00 for the design and construction of the new Fire Station 16. This project was delayed due to two changes in location due to unfavorable site conditions. On June 2, 2023, M&C 23-0573 approved the purchase of 5701, 5709, 5717, 5719 and 5721 Lovell Avenue for use for Fire Station 16. Once the location was known the Property Management Department moved forward with the single-story design proto-type for this site. Design of the project was performed by Komatsu-Rangel, Inc. d/b/a Komatsu Architecture (CSC 60001, M&C 23-0642). Construction documents were completed and submitted for advertisement in the Fort Worth Star- Telegram on November 9, and November 16, 2023. On December 14, 2023, the City received ten proposals from: M&C Review Page 2 of 4 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32607&councildate=10/15/2024 10/16/2024 Batson-Cook Company Byrne EMJ LMC/McGough Prim Ridgemont RJM Russell SDB Steele & Freeman, Inc. Theproposals were evaluatedby membersof the selection team comprisedofrepresentatives of the Fire Department, Property Management Department, and Office of Business Diversity. The selection team reviewed the proposals against the published criteria, including cost of services, references and CMAR experience, similar project types and MBE commitment and plan. The top four firms were selected for interviews. The following is the rankings resulting from the interviewed firms: SCORING MATRIX TABLE: Contractor Evaluation Proposed Fees References & Experience Past Work in the City Total Score MWBE Office Review Batson Cook 48 38 10 96 RESPONSIVE Ridgemont 49 33 10 92 RESPONSIVE RJM 50 30 10 90 RESPONSIVE Steel & Freeman 47 36 10 93 RESPONSIVE Based on the interviews, scores and discussions the selection team reached a consensus on Batson-Cook Company as the most qualified firm to perform CMAR services for this project. On February 20, 2024, staff administratively authorized the Pre-Construction Services Contract with Batson-Cook Company in the amount of $25,000.00. The overall project costs are expected to be as described in the table below: PROJECT BUDGET TOTAL Land $2,256,543.00 Architectural & Engineering Contract $523,071.00 Pre-Construction Services, Construction Contract, including Owner's Construction Allowance $9,400,500.00 Project Administration Cost: Project Management, Bid Advertisement, IT, Security, Materials Testing, Contingency, FFE, etc. $1,933,420.00 PROJECT TOTAL $14,113,534.00 Use of Assigned Fund Balance As part of the Fiscal Year 2023 year-end process, the City Council approved assigning $54,340,467.00 from Fiscal Year 2023 fund balance for future capital projects via Mayor and Council (M&C) 24-0001. This assigned amount is in excess of reserve requirements in the General Fund and was derived from $15,959,527.00 from the sale of central library proceeds, $30,380,940.00 set aside for capital project shortfalls. This M&C is to utilize $3,663,534.00 from that assigned fund balance in the General Fund. Upon approval of this M&C, approximately $42,227,675.00 will remain for future appropriation by Mayor and Council. Approval of this M&C will reduce the assigned General Fund Balance as follows: M&C Review Page 3 of 4 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32607&councildate=10/15/2024 10/16/2024 General Fund Original Amount M&C 24-0457 M&C 24-0567 This M&C Remaining Balance 10100-Fund Balance Set Aside for Capital Shortfalls $38,380,940.00 ($6,449,258.00) ($2,000,000.00) ($3,663,534.00) $26,268,148.00 10100-Fund Balance from Sale of Central Library Proceeds $15,959,527.00 $15,959,527.00 Total Fund Balancefor Capital $42,227,675.00 Funding for this project was not included in the Fiscal Year (FY) 2024-2028 Capital Improvement Program (CIP) due to this project being delayed due to changes in location due to unfavorable site conditions. The action in this M&C will amend the FY2024-2028 CIP as approved in connection with Ordinance 26453-09- 2023. Capital Fund Name Project Name FY2024 Appropriations Authority Budget Change (Increase/Decrease) Revised FY2024 Budget General Capital Projects Fund Fire Station 16 (104185) $0.00 This M&C $3,663,534.00 $3,663,534.00 2022 Bond Program Fund Fire Station 16 (104185) $4,306,850.00 M&C 24-0438 $6,143,150.00 $10,450,000.00 Budget Total $4,306,850.00 $9,806,684.00 $14,113,534.00 Thisproject isincluded in the 2022 Bond Program. The City’s Extendable Commercial Paper(ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Building Operating and Maintenance – There are several operating and maintenance costs associated with the new facility. Property Management Department anticipates the annual operating impact for maintenance associated with this project, beginning in the fourth quarter of Fiscal Year 2026, to be $220,000.00 annually. Waiver of Building Permit Fees - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; “Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." IRPC Plan Review Fees and other associated Development Fees will also be waived for this project. Diversity and Inclusion Business Equity Office - The City's Business Equity goal on this CMAR project is 25\%. Batson-Cook Construction, has agreed/committed to utilize 25.25\% business equity subcontractor participation for the scope of work, meeting the City’s Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. M&C Review Page 4 of 4 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32607&councildate=10/15/2024 10/16/2024 The new Fire Station 16 is to be located in Council District 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the 2022 Bond Program Fund and the General Fund and upon approval of the above recommendations and adoption of the appropriation ordinances, funds will be available in the General Capital Projects Fund and 2022 Bond Program Fund for the Fire Station 16 project to support the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Fire Department has the responsibility to validate the availability of funds. TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount Submitted for City Manager's Office by:Dana Burghdoff (8018) Originating Department Head: Marilyn Marvin (7708) Additional Information Contact: ATTACHMENTS 104185 Project Budget Summary 2022 Bond 8-26-2022.pdf (CFW Internal) 21FIRE STATION 16 CMAR funds availability.pdf (CFW Internal) 21FIRE STATION 16 CMAR Updated FID.xlsx (CFW Internal) CMAR Replacement Fire Station 16 signed compliance memo Approved NS.pdf (CFW Internal) COFW FS16 1295.pdf (CFW Internal) Fire Station 16 Design map.pdf (CFW Internal) ORD.APP_21FIRE STATION 16 CMAR_10100_AO24(r2).docx (Public) ORD.APP_21FIRE STATION 16 CMAR_30100_AO24(r3).docx (Public) SAM Batson-Cook Company.pdf (CFW Internal)