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HomeMy WebLinkAboutContract 62254CSC No. 62264 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, LLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Construction Materials Testing Services for Fire Station 26. 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 Fire Station 26 Special Inspections. (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 $37,455.00 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 Special Inspections Fire Station 26 Page 1 of 11 OFFICIAL RECORD 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 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. 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 Page 2 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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 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 Page 3 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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. 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 Page 4 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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. F-ITI MC-M1:1 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 Page 5 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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. City of Fort Worth, Texas Revision Date: 9/27/2021 Article XIV Page 6 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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: ECS Southwest, LLP Attn: Siddharth Neekhra, P.E. 2621 White Settlement Road Fort Worth, TX 76107 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 Fort Worth, Texas Revision Date: 9/27/2021 Article XVII Page 7 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 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 1-9 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 Bovcott 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 Bovcottinq Enerqv 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 Standard Agreement for Professional Services Revision Date: 9/27/2021 Special Inspections Fire Station 26 Page 8 of 11 companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Aqainst 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 Special Inspections Fire Station 26 Page 9 of 11 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Zola �Gl�tahk# By. Dana Burghdoff (Nov , 202414:41CST) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Nov 5, 2024 Approval Recommended: By: hJ Name: Marilyn Marvin Title: Director, Property Management Qav vp�� Attest:F�Rt�aad 00 �o PVa °=o ?pP f o00 0 0*0 C adII rEXA`o4p � ��b00000 By: Name: Jannette Goodall Title: City Secretary VENDOR: ECS Southwest, LLP Siddharth Neekhra By: Siddharth Neekhra (Oct 24, 2024 10:51 CDT) Name: Siddharth Neekhra, P.E. Title: Sr. VP Subsidiary Regional Manager Date: 10/24/2024 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: 4;N1 Name: Nikita Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: kvaor— By: Douglas Black (Nov 1, 202410:05 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M&C: M&C 24-0899 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 9/27/2021 Special Inspections Fire Station 26 Page 10 of 11 ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY ECS Southwest, LLP 2621 White Settlement Road Fort Worth, TX 76107 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. Siddharth Neekhra 1. Name: Position: Senior Vice President Siddharth Neekhra S$d g fi S UM Nh e e k h r a (Oct 24, 202410:51 CDT) 2. Name: Position: Signature 3. Name: Position: Signature Name: Siddharth Neekhra Siddharth Neekhra (Oct 24, 2024 10:51 CDT) Signature of President / CEO Other Title: Senior Vice President Date: 10/24/2024 City of Fort Worth, Texas Revision Date: 9/27/2021 Page 11 of 11 Standard Agreement for Professional Services Special Inspections Fire Station 26 ECS Southwest, LLP ESTIMATED COST PROPOSAL FOR CONSTRUCTION MATERIALS TESTING AND OBSERVATION SERVICES City of Fort Worth Fire Station #26 SWQ of South Drive West and South Hulen Street Fort Worth, Texas 76132 ECS Proposal 63:3564-CP ECS Southwest, LLP 2621 White Settlement Road Fort Worth, TX 76107 P: 682-350-2250 ECS SOUTHWEST, LLP Geotechnical • Construction Materials • Environmental • Facilities Mr. Juan F. Serrano Capital Projects Manager Property Management Department City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 "One Firrn. One Mission. " October 15, 2024 ECS Proposal No. 63:3564-CP Reference: Scope and Fee Proposal for Construction Materials Testing and Observation Services City of Fort Worth Fire Station #26, Fort Worth, TX Dear Mr. Serrano: As requested, ECS Southwest, LLP (ECS) is pleased to be selected for this project and following is our scope and fee for Construction Materials Testing and Observation services for this project. Based upon our extensive experience of construction means and methods, quality assurance and quality control, building construction, and our experience within the multiple markets in Texas, we feel ECS can offer unparalleled service and value to your project. Our staff of professional engineers and certified technicians will provide responsive and professional services to your project team. In addition, our paperless field reporting system will provide you with nearly real time Project Principal reviewed testing and inspection reports within 24-48 hours of the actual observation and/or testing date. ECS operates a nationally accredited laboratory. The concrete laboratory handles all testing for compression testing of concrete, masonry, cores, and other specialty testing. The soil laboratory provides testing of soil including Proctor tests, classifications, among others. If you have any questions or comments regarding our proposal, please do not hesitate to contact us. We look forward to the opportunity to work with you on this project. Respectfully, ECS Southwest, LLP Eli Wood Tim Tarbutton Siddharth Neekhra, P.E. CMT Group Supervisor Vice President, Office Manager Sr. VP, Subsidiary Regional Manager ewood@ecslimited.com Ttarbutton@ecslimited.com sneekhra@ecslimited.com https://ecsIimited365.sharepoint.com/sites/63FortWorth/63 Fort Worth CMT/PROPOSALS/3500-3599/3564 CP Fort Worth Fire Station #26/Proposal Document/3564-CP City of Fort Worth Fire Station #26 (Fort Worth, TX) ECS CMT Proposal.docx 2621 White Settlement Road. Fort Worth, TX 76107 • T: 682-350-2250 • www.ecslimited.com ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast. LLP • ECS Southwest, LLP TX Registered Engineering Firm F-8461 City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP PROJECT INFORMATION We understand that the project consists of the construction of a new two (2) company three (3) apparatus bay fire station with the associated pavement and utility improvements. The building will have a conventionally reinforced slab on grade supported with a drilled pier foundation system and bear on 4' of recompacted controlled fill. The PCC pavements will bear on recompacted subgrades. We have made some assumptions while developing our cost estimate. Those major assumptions are as follows: • Storm/Utility backfill will be tested in 5 trips. • Storm/Utility structures will be completed in 2 concrete placements. • Mass earthwork testing will be completed in 11 trips. • Foundation will be completed in 1 concrete placement. • Drilled Piers will be completed in 8 trips. • Structural Steel will be inspected over 3 trips. • Pavement/Hardscape Subgrades will be tested over 4 trips. • Pavement/Hardscapes will be completed in 2 large and 5 small concrete placements. We anticipate that our services on this project may include observation and testing of subgrades, concrete, reinforcing steel, structural masonry, and structural steel. Specific test procedures, frequencies, and quantities will be performed in accordance with the project testing specifications and observation requirements on an on -call basis. SCOPE OF SERVICES Our construction materials engineering and testing services scope is limited to our providing periodic or continuous testing and/or observations for the construction of the above -noted structures and features of this project. We anticipate that the project general contractor or their designated representative will be scheduling our services on an on -call, as -needed basis. Unless otherwise directed by the client, items such as service cancellations while our staff is in transit to the project site or once at the project site, onsite delays and standby time, and failed tests are not factored into our scope and estimated fees provided with this proposal. Earthwork Perform as -scheduled earthwork (soils) observation, sampling, and testing services including: 1. Obtain (pick up) soil samples and perform laboratory soil tests generally including moisture/density relationship (Standard Proctor) tests, soil classification tests (Atterberg Limits and percent finer than the no. 200 sieve) for each requested soil -type. Additional soil testing may be required depending on project -specific requirements. 2. Observe proof -rolling of prepared subgrade areas. 3. Observe placement and compaction of backfill materials (as scheduled) 4. Perform in -place moisture/density tests on placed and compacted soils and prepared subgrades. 5. Perform lime gradations and lime depth measurements for lime -treated subgrades. 6. As -requested, periodically observe excavation operations to document removal of unsuitable materials including but not limited to deleterious materials, trash, debris, frozen soil, or stones. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP Foundations Perform as -scheduled observation, sampling, and testing services for foundation installation events including: 1. Observe foundation excavation including prepared subgrade surfaces (shallow foundations, footings, etc) and bearing strata, penetration depth, and end bearing surface (deep foundations, piers, DCP, etc). 2. Observe reinforcing steel layout and concrete placement (see following section). Pavement Perform as -scheduled observation and testing services for concrete pavement. 1. Observe proofrolling of subgrades and suggest and observe corrective action at excessively soft areas prior to placement of subbase course. 2. Observe placement of subbase course and perform appropriate in -place density tests as directed by specifications. 3. Provide documentation of events in the field and notify the appropriate persons upon recognition of deficiencies. Reinforcing Steel & Cast -In -Place Concrete Structures Perform as -scheduled observation, sampling, and testing services for concrete placement events including: 1. Observe reinforcing steel layout for size, spacing, cleanliness, length, splices, and positioning. 2. Observe concrete placement, contractor procedures, and limited initial curing. 3. Perform concrete field tests and associated measurements including slump, air content, unit weight, and ambient air & concrete temperature. Sample placed concrete materials. 4. Pick up concrete sample cylinders the following workday and transport them to the ECS concrete laboratory for processing, moisture curing, and subsequent compressive strength testing. Structural Masonry Perform as -scheduled sampling and testing services for masonry installation including: 1. Perform masonry field tests and associated measurements (as applicable) including slump, ambient air and material temperature. 2. Sample placed masonry materials (grout and mortar). 3. Pick up masonry samples the following workday and transport them to the ECS materials laboratory for processing, moisture curing, and subsequent sample preparation and compressive strength testing. Structural Steel Perform as -scheduled observation and testing before, during, and after structural steel erection including. 1. Observe general structural steel erection and assembly. 2. Observe completed welds and connections. Project Management Project Managers and Principal Engineers will manage the project as follows: 1. Attend the Pre -Construction meeting (if held). 2. Coordinate field and lab services with the project general contractor and dispatch our field staff as scheduled. 3. Process, finalize, and distribute all field and laboratory reports. 4. Manage our project operation and services delivery as well as provide general material engineering consultation. Our field staff or project professionals will provide documentation of events in the field and notify the project general contractor and the client (as needed) upon recognition of deficiencies. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP ADDITIONAL SERVICES The following services are not included in the Scope of Services and will be considered as Additional Services, if and when they are required, requested, or occur: 1. Construction materials observation, sampling, or testing for non-structural components. 2. Additional construction material samples for laboratory testing including early test samples or additional sample sets beyond the frequency required in the project documents. 3. Services cancellation in transit or at the project site, including all associated staff time and vehicle charges. 4. Onsite delays and standby time. 5. Failed Tests, including all associated time, materials, and vehicle charges. 6. Field curing facilities and/or storage for the cementitious samples. 7. Attend project meetings or routine construction meetings throughout the duration of the construction process. 8. Any additional services not specifically included in the above Scope of Services for this project. The additional services noted above are not factored into our scope and estimated fees provided with this proposal. Unless defined specifically, all additional services will be invoiced at their standard rates (subject to overtime modification, where applicable) shown on the following fee schedule. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP 4 ESTIMATED TOTAL COST OF CMT SERVICES Est. Est. Description Quantity Unit Unit Price Total MASS EARTHWORK In -place Density, First 1% hour (Includes Trip Charges) 9 ea $ 180.00 $ 1,620.00 In -place Density After First 1Y2 Hour 48 ea $ 55.00 $ 2,640.00 Soil sampling for in lab test (including trip charge) 2 ea $ 160.00 $ 320.00 Moisture/Density Relationship Test 5 ea $ 165.00 $ 825.00 Atterberg Limits 5 ea $ 60.00 $ 300.00 No. 200 Sieve Analysis 5 ea $ 45.00 $ 225.00 TOTAL MASS EARTHWORK $ 5,930.00 STORM/UTILITY Engineering Technician (Concrete) 8 hr $ 50.00 $ 400.00 In -place Density, First 1% hour (Includes Trip Charges) 5 ea $ 180.00 $ 900.00 In -place Density After First 1% Hour 22 ea $ 55.00 $ 1,210.00 Concrete Cylinders 10 ea $ 20.00 $ 200.00 Concrete Cylinder Pick up 2 ea $ 160.00 $ 320.00 Vehicle Trip Charge 2 ea $ 45.00 $ 90.00 TOTAL STORM/UTILITY $ 3,120.00 PAVE M ENT/HARDSCAPE Engineering Technician (Concrete) 32 hr $ 50.00 $ 1,600.00 In -place Density, First 1% hour (Includes Trip Charges) 4 ea $ 180.00 $ 720.00 In -place Density After First 1% Hour 10 ea $ 55.00 $ 550.00 Concrete Cylinders 55 ea $ 20.00 $ 1,100.00 Concrete Cylinder Pick up 7 ea $ 160.00 $ 1,120.00 Vehicle Trip Charge 7 ea $ 45.00 $ 315.00 TOTAL PAVEMENT/HARDSCAPE $ 5,405.00 BUILDING CONSTRUCTION Engineering Technician (Concrete) 44 hr $ 50.00 $ 2,200.00 Senior Eng Technician (Pre-pours/Masonry/Piers) 116 hr $ 50.00 $ 5,800.00 Senior Eng Technician (Piers) OT 20 hr $ 75.00 $ 1,500.00 Stuctural Steel Technician (CWI) 15 hr $ 80.00 $ 1,200.00 Grout Prisms 27 ea $ 20.00 $ 540.00 Mortar Cubes 27 ea $ 20.00 $ 540.00 Concrete Cylinders 105 ea $ 20.00 $ 2,100.00 Concrete Cylinder Pick up 27 ea $ 160.00 $ 4,320.00 Vehicle Trip Charge 31 ea $ 45.00 $ 1,395.00 TOTAL BUILDING CONSTRUCTION $ 19,595.00 ENGINEERING/MANAGEMENT Project Management (10%of Total Project Cost) 1 ea $ 3,405.00 $ 3,405.00 $ 3,405.00 ESTIMATED TOTAL COST $ 37,455.00 Billing will be based on a 40-hour work week with normal business hours of 6:00 am to 6:00 pm Monday through Friday. Overtime will be billed at 1.5 times the normal hourly rate for time exceeding 40 hours per week, outside normal business hours, and work on weekends. There will be a transportation charge of $45.00 for roundtrip mileage, toll, and parking related expenses. Attachment B - Compensation City of Fort Worth Fee Schedule for Geotechnical and Material Testing Services for City Infrastructure Projects TRANSPORTATION Transportation, per trip.................................................................................. $45.00/trip SAMPLING AND TESTING OF SOILS AND AGGREGATES Soils and Base Materials Sampling for in -lab test, including tech time and transportation charge (If not scheduled with other work)................................................................ $160.00/trip Moisture content - ASTM D2216................................................................. $12.00/each Atterberg limits (LL, PL, PI) - ASTM D4318.............................................. $60.00/each Atterberg limits with additive - ASTM D4318............................................. $65.00/each Soil Visual Classification - ASTM D2488................................................... $15.00/each Bar Linear Shrinkage - Tex-107-E............................................................... $35.00/each Organic content - ASTM D 2974................................................................. $40.00/each Sieve analysis of fine and coarse aggregates - ASTM C 136/136M.............. $70.00/each Percent passing #200 sieve - ASTM D1140/ C117...................................... $45.00/each Hydrometer analysis of fine-grained soils - ASTM D7928 .......................... $175.00/each Sp. gravity and Absorption (coarse aggregate) - ASTM C 127 ..................... $70.00/each Sp. gravity and absorption (fine aggregate) - ASTM C 128 .......................... $70.00/each LA Abrasion of small -size coarse aggregate - ASTM C 131 ........................ $255.00/each LA Abrasion of large -size coarse aggregate - ASTM C535 ......................... $255.00/each Sodium or Magnesium Sulfate Soundness .................................................... $300.00/each Texas Wet Ball Mill - Tex- 116-E................................................................. $210.00/each California bearing ratio (CBR) test - ASTM D1883..................................... $300.00/each Standard proctor - ASTM D 698.................................................................. $165.00/each Modified proctor - ASTM D 1557................................................................ $190.00/each Additional charge for coarse aggregate correction (ASTM D4718).............. $30.00/each Soluble sulfate test - TEX-145-E.................................................................. $75.00/each Unconfined compressive strength of soils - ASTM D2166 .......................... $45.00/each Unconfined compressive strength of rock cores - ASTM D7012................. $60.00/each Free swell testing - ASTM D4546................................................................ $95.00/each Lime series using PI...................................................................................... $270.00/each Lime series using pH (6 points), Tex- 121-E................................................. $270.00/each Soil pH test, Tex- 128-E................................................................................. $40.00/each Gradation (lime or cement) and/or lime depth measurement (min 3 hours)... $55.00/hour [Plus a transportation charge of $45 per trip] Consolidation testing..................................................................................... Quote on Request Triaxial testing.............................................................................................. Quote on Request Direct Shear testing....................................................................................... Quote on Request In -place Density In -place density using nuclear gauge, first 11/2 hour ...................................... $180.00 (ASTM D2950/2950M, ASTM D6938) After the first 1 %2 hour................................................................................... $55.00/hour City of Fort Worth, Texas Geotechnical and Materials Testing Services for City Projects 2020 Contract Page 12 of 15 SAMPLING AND TESTING OF PORTLAND CEMENT CONCRETE (PCC) Concrete Cylinder and Beam Tests Making cylinders/beams, and air/slump/temperature tests (min 3 hours).... $50.00/hour Transportation (cylinders/beams/air/slump/temp)......................................... $45.00/trip Cylinder pick-up, including tech time and transportation (If not scheduled with other work)................................................................ $160.00/trip Curing and Strength test of concrete Cylinder — ASTM C39 ........................ $20.00/each Curing and strength test of concrete beam — ASTM C293/C78 .................... $35.00/each Concrete mix design and review................................................................... Quote on Request Concrete core Samples (min 4 cores Der trio) Transportation............................................................................................... $45.00/trip 3" dia. or more concrete coring (Up to a depth of 6").................................. $75.00/each After a depth of 6"........................................................................................ $10.00/Inch Less than 3" dia. concrete coring (Up to a depth of 6")................................ $55.00/each After a depth of 6"........................................................................................ $10.00/Inch Core depth measurement............................................................................... $12.00/each Sample preparation and compressive strength test ......................................... $65.00/each (Including measuring, sawing, and capping of cores) Flagman if needed for safety and traffic monitoring ..................................... $50.00/hour Professional traffic control............................................................................ Quote on request SAMPLING AND TESTING OF HOT MIX ASPHALT CONCRETE (HMAC) Asphaltic Concrete Mixes Extraction and gradation testing.............................................................. Maximum theoretical specific gravity — ASTM D2041.......................... Lab molding of specimen (Tex-241-F, Tex-206-F)................................ Bulk specific gravity of lab molded specimen (Tex-207-F).................... Asphalt content by Ignition Method — ASTM D4125 ............................. Asphalt mix design and review............................................................... In -place Density In -place density using nuclear gauge, first 11/2 hour ............................... (ASTM D2950/2950M, ASTM D6938) After the first 1 %2 hour............................................................................ Bulk specific gravity of core specimen- Tex-207-F ............................... Asphalt core Samples (min 4 cores Der trip) . $190.00/each . $90.00/each . $60.00/each . $45.00/each $100.00/each Quote on Request . $180.00 $55.00/hour $50.00/each Transportation............................................................................................... $45.00/trip 3" dia. or more asphalt coring (Up to a depth of 6")..................................... $75.00/each After a depth of 6"........................................................................................ $10.00/Inch Less than 3" dia. asphalt coring (Up to a depth of 6").................................. $55.00/each After a depth of 6"........................................................................................ $10.00/Inch Core depth measurement............................................................................... $12.00/each Flagman if needed for safety and traffic monitoring ..................................... $50.00/hour City of Fort Worth, Texas Geotechnical and Materials Testing Services for City Projects 2020 Contract Page 13 of 15 DRILLING AND RELATED SERVICES Mobilization of Drill Rig............................................................................... $400.00/occurrence Drill Rig Standby or access time................................................................... $220.00/hour Undisturbed samples (Shelby Tubes, fixed piston) ........................................ $15.00/foot Auger borings (Hand augers, Drill Rig or Direct push undisturbed sampling) 0' — 50........................................................................................................... $15.00/foot 50' —100'...................................................................................................... $17.00/foot 100' plus........................................................................................................ Quote on Request Intermittent soil sampling, 5-ft intervals 0' — 50........................................................................................................... $17.00/foot 50' — 100'...................................................................................................... $20.00/foot 100' plus........................................................................................................ Quote on Request Continuous soil sampling 0 — 50'........................................................................................................... $19.00/foot 50 — 100'....................................................................................................... $22.00/foot 100' plus........................................................................................................ Quote on Request High resistance soil/rock coring (for soils with N-values greater than 50) 0' — 50........................................................................................................... $31.00/foot 50' — 100'...................................................................................................... $35.00/foot 100' plus........................................................................................................ Quote on Request STRUCTURAL STEEL INSPECTION Certified welding inspector (min 4 hours)...... Magnetic particle testing (min 4 hours).......... Liquid penetrant testing (min 4 hours) ........... Ultrasonic testing (min 4 hours) ..................... Material/Equipment fee .................................. .......................................... $80.00/hour .......................................... $80.00/hour .......................................... $80.00/hour .......................................... $85.00/hour .......................................... N/A ($0.00) PROFESSIONAL AND TECHNICAL SERVICES Principal Engineer......................................................................................... $175.00/hour Senior Project/Geotechnical Engineer........................................................... $150.00/hour Project Engineer/Scientist/Geologist............................................................. $125.00/hour Staff (or Graduate) Engineer/Project Manager .............................................. $105.00/hour Senior Engineering Technician..................................................................... $57.00/hour Engineering Technician................................................................................. $50.00/hour Drafter........................................................................................................... $60.00/hour REMARKS: Method of Payment: Unless otherwise specified, the price per unit of work or lump sum item includes all engineering, labor, personnel, equipment, materials, sample preparation, report preparation and engineering review, etc., necessary to complete that unit of work. A charge for Project Management (PM) may be included on each invoice up to a maximum of 10% of the total City of Fort Worth, Texas Geotechnical and Materials Testing Services for City Projects 2020 Contract Page 14 of 15 City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP 0 Company Background and History ECS Southwest, LLP (ECS) is a diverse consulting firm specializing in the related fields of Geotechnical Engineering, Environmental Consulting, and Construction Materials Engineering and Testing. The firm was founded in 1987 and employs a staff of over 2,400 registered professional engineers and geologists, certified laboratory technicians, construction inspectors, field engineers, computer specialists and support personnel. ECS operates 65 offices with 5 located in Texas. We continue to grow in the Southwest, Midwest, Southeast, and Eastern States. The firm is ranked on the Engineer News Record (ENR) Top 5 Geotechnical firms and top 70 pure design firms. ECS offers a wide range of consulting services. Our services are broken into four major function groups described below: • Geotechnical Group performs subsurface explorations with emphasis on foundation systems for buildings of all types, drainage system designs and other ground water solutions, retaining structures, problem soil sites, slope stability evaluations, and deep foundation designs. Understanding that most cost overruns occur during construction, this is our best opportunity to provide value as well as quality control. • Construction Materials Group provides full-scale testing and inspection services on numerous of projects with scopes of work reflecting our ability to follow projects from earthwork phases through roofing construction, including: ❑ Full Service Construction Inspection ❑ Excavation Monitoring ❑ Foundation Installation, Observation, and Testing ❑ Testing of Concrete, Steel, Masonry, Soil, Asphalt, Fireproofing, and EIFS ❑ Floor Flatness Surveys ❑ Concrete Coring & Non -Destructive Testing of Concrete and Steel • Environmental Services Group performs Phase I and Phase II Environmental Site Assessments, Site Characterization Studies, Risk Assessments and Remediation Assessment and Design, Wetlands Studies and Delineations, Wetlands Mitigation, and Asbestos and Lead Based Paint Surveys. The Environmental Services group oversees remedial activity to ensure compliance with federal, state, and local regulations and guidelines as well as site specific environmental management plans. We also interface with other ECS Service Groups on multi -faceted projects to offer clients the ability to work with a single consultant to achieve successful project completion. • Facilities Group performs property condition assessments, pre -construction and post construction condition surveys, building investigations, garage rehabilitation schemes, asphalt and concrete pavement evaluations, water infiltration evaluations, asbestos and lead -based paint consulting, materials testing and evaluation, non-destructive and selective destructive evaluation of structures, full-scale load testing, and general investigative engineering services associated with the built environment. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP "Value Engineering" is an important part of the consulting engineer's role on a project team. ECS constantly strives to provide the most economical design without sacrificing quality or compromising safety. ECS provides value engineering within all our major disciplines. Recent examples include: • Increasing bearing capacity to reduce the size and cost of foundation systems. • Changing deep foundation systems (such as caissons or piles) to conventional shallow spread footing systems. • Changing the compaction requirement during mass grading from Modified to Standard. This allows the contractor to achieve results with less time and effort, and ultimately reduces the cost of the work without changing the engineering properties; • Utilizing technological advances in geosynthetics to provide economical solutions to stabilize subgrades during mass grading for slabs and pavements; • Recommending the use of segmental block retaining walls instead of conventional concrete retaining walls to reduce costs; • Accurately analyzing slab or pavement subgrades to reduce over design; • Utilizing technologically advanced and more cost effective methods for treatment of contaminated soils and ground water; • Providing documentation of field activities during construction to reduce confusion with regard to claims for extras. ECS is often asked to review and revise recommendations performed by other firms. This is done by fully utilizing the engineering properties of the subsurface conditions. ECS thoroughly understands the capabilities of the subsurface conditions having performed extensive field and laboratory testing on the major soil and rock types within the geologic area. In many cases ECS' fee is "paid for" by providing recommendations that result in overall time and cost savings for the project. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP ECS FOOTPRINT: WHFRFVER PROJECT TAKES YOU, ECS HAS... BOOTS ON THE GROUND Whether your project requires local project management, specialty expertise or both, we have you covered. ECS provides the best of both worlds - the attention your projects deserve from our local team, coupled with abundant staffing and technical resources. ECS has grown to locations across the Mid -Atlantic, Midwest, Southeast, Southwest and Pacific. SERVICES BY STATE ■ Geotechnical, Environmental, Materials Testing+ Facilities Geotechnical, Environmental+ Facilities Consulting+ Design Services Materials Testing service area is approximately a 75-mile radius around each office. OFFICE SPECIFIC SERVICES c Corporate Headquarters Full Service • Testing Services • Drilling Services • Consulting+ Design Services kcs City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP s OFFICE LOCATIONS CORPORATE OFFICE Roanoke, VA Fayetteville, NC Chantilly, VA Washington, DC Greensboro, NC Williamsburg, VA Greenville, NC ECS FLORIDA, LLC Winchester, VA Greenville, SC Daytona Beach, FL York, PA Huntsville, AL Fort Myers, FL Knoxville, TN Gainesville, FL ECS MIDWEST, LLC Lawrenceville, GA Groveland, FL Bridgeview, IL Lexington, KY Jacksonville, FL Buffalo Grove, IL Long Beach, MS Naples, FL Chicago, IL Louisville, KY Orlando, FL Cincinnati, OH Marietta, GA Sarasota, FL Cleveland, OH Memphis, TN Tampa, FL Columbus, OH Mobile, AL Tallahassee, FL Evansville, WI Murfreesboro, TN West Palm Beach, FL Green Bay, WI Nashville, TN Johnston, IA ECS MID -ATLANTIC, LLC Raleigh, NC Kankakee, IL Aberdeen, MD Savannah, GA Kansas City, MO Albany, NY Spartanburg, SC Little Suamico, WI Baltimore, MD Swansboro, NC Milwaukee, WI Buffalo, NY Wilmington, NC Neenah, WI Chantilly, VA Springfield, IL ECS SOUTHWEST, LLC Charlottesville, VA Union Grove, WI Austin, TX Chesapeake, VA Christiansburg, VA ECS PACIFIC, INC Dallas, TX Denver, CO Frederick, MD Walnut Creek, CA Fort Worth, TX Fredericksburg, VA ECS SOUTHEAST, LLC Houston, TX Hagerstown, MD Asheville, NC McKinney, TX Harrisonburg, VA Atlanta, GA Oklahoma City, OK Lynchburg, VA Baton Rouge, LA Phoenix, AZ Manassas, VA Birmingham, AL Salt Lake City, UT Mechanicsburg, PA Charleston, SC San Antonio, TX Morgantown, WV Charlotte, NC San Marcos, TX National Harbor, MD Clarksville, TN Sherman, TX Norristown, PA Chattanooga, TN Tulsa, OK Philadelphia, PA College Park, GA 9 Waxahachie, TX Pittsburgh, PA Columbia, SC Richmond, VA City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP ECS approaches providing testing services based on the requirements set forth by the local jurisdictions and project specifications. Having served on numerous projects requiring Special Inspections, ECS is thoroughly familiar with the IBC inspection requirements. Our personnel have served as Special Inspections Engineer of Record on hundreds of projects in areas of the country where IBC has been implemented. ECS proposes to assign technicians qualified for the required services. A Project Manager based in the Fort Worth, TX office will supervise the technician(s). The Project Manager's responsibilities are to coordinate the field services, attend meetings and correspond with the project team, review field and laboratory reports, provide engineering consulting as necessary, and to prepare final certifications. In addition, a Principal Engineer of ECS will be assigned to the project to provide additional technical review and support. All technical reports will be submitted with signatures of both the Principal Engineer and Project Manager. TECHNICIAN CERTIFICATIONS In order to meet the requirements of the Special Inspections programs, ECS has developed in house training programs that produce certified technicians at all levels. Our proposed technicians hold related certifications. In addition, we have access to hundreds of certified technicians through our other regional offices. Some of our technician certifications include: • Post Tensioning Institute (PTI) ' • International Code Council (ICC) • American Concrete Institute (ACI) • Washington Area Council of Engineering Laboratories, Inc (WACEL) • American Welding Society Certified Welding Inspector (AWS) • Floor Flatness (in-house certification) AL I • Exterior Insulation and Finish Systems (EIFS) LABORATORY QUALIFICATIONS ECS operates laboratories at most of its locations. The concrete laboratory handles all testing for compression testing of concrete, masonry, cores, and other specialty testing. The soil laboratory provides testing of soil including Proctor tests, classifications, CBR, direct shear and permeability among others. Accreditations and inspections currently held by ECS Labs include: • U.S. Army Corps of Engineers (USACE) CERTIFICATE NF • Washington Area Council of Engineering Laboratories (WACEL) AA� ACCREOITATION AAA • AASHTO Material Reference Laboratory (AMRL) proficiency sampling ECS SoUthwest, Lt_P • National Institutes of Science & Technology (NIST) C—lit— Tez USA • NRMCA—Round Robin Concrete Proficiency Testing - a 41- �,�._ City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP to APPENDIX PROPOSAL ACCEPTANCE FORM & TERMS AND CONDITIONS City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP 11 REPORTING, BILLING, AND CONTRACT CONDITIONS You will be issued daily field reports and laboratory test reports as part of our service. Because our reporting systems are fully computerized, we are able to submit both field and laboratory results within 24-48 hours of testing. If deficiencies in procedures or materials are recognized in the field, the general contractor will be verbally notified as soon as possible so that the problem may be resolved prior to the performance of additional work. Deficient laboratory results are reported by facsimile or e-mail to the client, structural engineer, and general contractor by the Project Engineer. Copies of reports will be forwarded to each party designated by the client, at no extra charge, as part of our service. Upon request, ECS will provide a separate invoice for services provided outside the scope of services for the estimated cost. Invoices will be issued on a monthly basis and will provide a week by week breakdown of billing units, unless modified by request of the client. They are normally processed on or around the 10th of each month and represent costs incurred during the previous month. These invoices will also display a monthly cumulative summary of project costs to date. This monthly summary will serve as a means of monitoring job expenses as they relate to job progress. We request that payment be rendered within 30 days of receipt of the invoice. ECS reserves the right to assess a finance charge of 1.5% per month on the outstanding balance over 30 days. ECS also reserves the right to withhold final certifications until outstanding balances have been paid in full. SUMMARY AND ACCEPTANCE All services provided for this project will be billed in accordance with the unit rate schedule. It is our belief that all required services have been included in our unit price list. Should supplemental services be deemed necessary at a later date, they would be invoiced at the rate noted on the fee schedule in effect at that time, unless otherwise agreed upon in advance. All unit prices listed herein shall remain as stated throughout the project. Attached to this letter, and an integral part of our proposal, are our "Terms and Conditions of Service". These conditions represent the current recommendations of the ASFE Professional Firms Practicing in the GeoSciences, the Consulting Engineers' Council, and the Geo-Institute of the American Society of Civil Engineers. 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 the enclosed copy to us. We are pleased to have this opportunity to offer our services and look forward to working with you on the project. City of Fort Worth Fire Station #26, Fort Worth, TX Proposal No. 63:3564-CP 12 PROPOSAL ACCEPTANCE Proposal No.: 63:3564-CP Project: City of Fort Worth Fire Station #26 Scope of Work: Construction Materials Testing and Observation Services Location: Fort Worth, TX Total Estimated Cost of Services $37,455.00 ❑ Yes ❑ No Client Signature: Date: Please complete this page and return one copy of this proposal to ECS to indicate acceptance of this proposal and to initiate work on the above -referenced project. The Client's signature above also indicates that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. BILLING INFORMATION (Please Print or Type) Name of Client: Name of Contact Person: Telephone No. of Contact Person: Party Responsible for Payment: Company Name: Person/Title Department: Billing Address: Telephone Number: Client Project/Account Number: Special Conditions for Invoice: Submittal and Approval: ECS offers a full array of services to assist you with all phases of your project, including but not limited to: Phase 1, 11 and 111 Environmental Third Party Mechanical, Electrical, Building Envelope, Roofing, and Site Assessments Plumbing Inspections Services Waterproofing Inspection and Archaeological Assessments Geotechnical Engineering Services Consultation Wetlands Delineations Construction Materials Testing Pre- and Post -Construction Asbestos/Lead Paint Services Septic/Drainfield Design Services Condition Assessments Indoor Air Quality Mold Services LEED® Consulting Services Specialty Materials and Forensics Testing Please indicate any of the services you are interested in and a member of the ECS team will contact you to discuss how we can be of service to your project. M&C Review Page 1 of 4 CITY COUNCIL AGENDA Create New From This M&C DATE: 10/15/2024 REFERENCE NO.: M&C 24-0899 LOG NAME: CODE: C TYPE: NON- PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, Texas FORTWORTH 21 FIRE STATION 26 CMAR NO SUBJECT: (CD 6) Authorize Execution of a Construction Manager at Risk Contract with Steele & Freeman, Inc. with a Construction Phase Fee of 3.0%; Accept the Guaranteed Maximum Price of $9,613,329.00 for the Construction of a New Fire Station 26 within a Project Budget of $12,389,032.00, Adopt Appropriation Ordinances and Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024 - 2028 Capital Improvement Program (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Construction Manager at Risk contract with Steele & Freeman, Inc. with a Construction Phase Fee of 3.0\% incorporated within Guaranteed Maximum Price not to exceed $12,389,032.00 for construction of new Fire Station 26; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Fund for the Property Management Department in the amount of $7,048,032.00, 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 $7,048,032.00, transferred from the General Fund, for the purpose of funding the Fire Station 26 project (City Project No.101659); 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 Steele & Freeman, Inc. for construction services and to allocate and appropriate additional funding for the new Fire Station 26. Steele & Freeman, Inc. has performed preconstruction phase services for a fee of $7,500 (CSC 60459) and has proposed to perform construction phase services for a fee of 3.0\%, which fee is incorporated into the project's guaranteed maximum price (GMP) in the amount of $9,613,329.00. Staff finds the proposed fee fair and reasonable. The GMP includes the Base Proposal ($9,417,226.00), Owner's construction contingency allowance ($196,103.00) and no alternatives. The total anticipated project cost is $12,389,032.00, 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 2018 Bond Program allocated $5,341,000.00 for the design and construction of the new Fire Station 26. This project was delayed due to two changes in location due to unfavorable site conditions. On January 10,2023, M&C 23-0031 approved the purchase of 4915 South Drive West. 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 RPGA Design Group, Inc. (CSC 59228, M&C 23-0164). Construction documents were completed and submitted for advertisement in the Fort Worth Star -Telegram on August 17, and August 24, 2023. On September 7, 2023, the City received eight proposals from: Byrne Construction Services Crossland Construction company, Inc. EMJ Construction, LLC McGough Construction, LLC Muckleroy & Falls Ridgemont RJM Contractors Inc. Steele & Freeman, Inc. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32605&councildate=10/ 15/2024 10/ 16/2024 M&C Review Page 2 of 4 The proposals were evaluated by members of the selection team comprised of representatives of the Fire Department, Property Management Department, and Office of Business Diversity. The selection team reviewed the proposal against published criteria, including cost of services, references and CMAR experience, similar project types and MBE commitment and plan. The top three firms were selected for interviews. The following is the rankings resulting from this review process: SCORING MATRIX TABLE: Contractor Proposed References & Past Work Total MWBE Office Evaluation Fees Experience in the City Score Review Ridgemont II 50 33 10 93 II RESPONSIVE RJM 49 35 10 94 RESPONSIVE Steel & 48 39 10 97 RESPONSIVE Freeman Based on the interviews, scores and discussions the selection team reached a consensus on Steele & Freeman, Inc. as the most qualified firm to perform CMAR services for this project. On November 10, 2024, staff administratively authorized a CMAR Pre -Construction Services Contract with Steele & Freeman, Inc. in the amount of $7,500.00. The overall project costs are expected to be as described in the table below: PROJECT BUDGET 11 TOTAL Land II $1,170,120.001 Architectural & Engineering Contract 11 $782,412.001 Pre -Construction & Construction Contract, including I $9,620,829.00 Owner's Construction Allowance Project Administration Cost: Project Management, Bid Advertisement, IT, Security, Materials Testing, $815,671.00 Contingency, FFE, etc. PROJECT TOTAL II $12,389,032.001 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 project shortfalls. This M&C is to utilize $7,048,032.00 from that assigned fund balance in the General Fund. Upon approval of this M&C and the Fire Station 16 M&C, approximately $35,179,643.00 will remain for future appropriation by Mayor and Council. Approval of this M&C will reduce the assigned General Fund Balance as follows: General Original M&C 24-0457 M&C 24-0567 Fire Station This M&C Remaining g Fund Amount 11 16 M&C 11 Balance 10100- $38,380,940.00 ($6,449,258.00) ($2,000,000.00) ($3,663,534.00) ($7,048,032.00) $19,220,116.00 Fund Balance Set Aside for Capital Shortfalls 10100- $15,959,527.00 Fund Balance from Sale of Central Library Proceeds $15,959,527.00 Total II $35,179,643.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32605&councildate=10/ 15/2024 10/ 16/2024 M&C Review Page 3 of 4 Fund Balance for Capital 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 Project FY2024 Appropriations Authority Budget Change Revised Fund Name Name (Increase/Decrease) FY2024 Budget General Capital Fire Station $0.00 This M&C $7,048,032.00 $7,048,032.00 Projects 26 (101659) Fund 2018 Bond Fire Station Program 26 (101659) $5,341,000.00 $0.00 $5,341,000.00 Fund Budget Total 11 $5,341,000.0011 11 $7,048,032.0011 $12,389,032.00 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 $121,000.00 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." Business Equity Office - The City's Business Equity goal on this CMAR project is 25\%. Steele -Freeman, Inc., has agreed/committed to utilize 25.38\% 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. The new Fire Station 26 is to be located in Council District 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the 2018 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 2018 Bond Program Fund for the Fire Station 26 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 Account Project Program Activity ID ID FROM Fund Department Account Project ID ID Submitted for Citv Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS Program I Activity Budget Reference # Amount Year (Chartfield 2) Budget Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Marilyn Marvin (7708) Brian Glass (8088) 101659 FS26 Project Budget Summarv.odf (CFW internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32605&councildate=10/ 15/2024 10/ 16/2024 M&C Review Page 4 of 4 1295 signed forms FS 26.Ddf (CFW Internal) 21 FIRE STATION 26 CMAR funds availabilitv.udf (CFW Internal) 21 FIRE STATION 26 CMAR Updated FID.xlsx (CFW Internal) Fire Station 26 Design maD.0df (CFW internal) FS 26 signed compliance memo Approved & Signed NS.Ddf (CFW Internal) ORD.APP 21 FIRE STATION 26 CMAR 10100 AO24(r2).docx (Public) ORD.APP 21 FIRE STATION 26 CMAR 30100 AO24(r3).docx (Public) SAM Steele & Freeman Inc.udf (CFW internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=32605&councildate=10/ 15/2024 10/ 16/2024