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HomeMy WebLinkAboutContract 54128 R CSC nI C ��� CITY OF FORT WORTH, TEXAS `�S`-' ' " o• 54128 o, 40 , ��011 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES c This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "GI-TY"), and Terracon Consultants, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Construction Materials Observation and Testing Services, Old Hemphill Road Drop- Off Station Building Addition, 6260 Old Hemphill Road, Fort Worth, TX 76133. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"—Terracon Consultants, Inc. Proposal No. P95201133 ("Scope of Services"); 3. Attachment "B" — Verification of Signature Authority Form and Corporate Resolution of Authority. 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 the Existing Old Hemphill Road Drop-Off Station Building Addition and Site Modifications. (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 $18,747.00 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. Payments rendered shall be due within thirty (30) days of the uncontested perform&M&NECORD CITY SECRETARY CFW—Standard Agreement for Professional Services(Rev.20Mar2O2O) Page 1 of B�I T Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. + Wb 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 24- months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. CFW—Standard Agreement for Professional Services(Rev.20Mar2020) Page 2 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 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 131" 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. 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. CFW—Standard Agreement for Professional Services(Rev.20Mar2O2O) Page 3 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 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. I 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 Vill Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. CFW—Standard Agreement for Professional Services(Rev.20Mar2020) Page 4 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 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 - NOT REQUIRED , as amended, the Gity has geals fGr the partiGipation Of minority business enterprises and/or small bus'Ress enterpriser-, OR City 139ntraGtS. Consultant aGknowledges the MBE and SK goals established foF this Agreement and its aGGepted written GE)MmitrneRt tG I �t­- entatien) and/or the Gernmissien -of fraud by the GGIRGUltant may result in the period of time of not loss than throe (3) dears 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 CFW—Standard Agreement for Professional Services(Rev.20Mar2O2O) Page 5 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 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 Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13t" Street Fort Worth, Texas 76102 CFW—Standard Agreement for Professional Services(Rev.20Mar2020) Page 6 of S Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 Consultant: Terracon Consultants, Inc. Attn: Kevyn Gunn Senior Associate 2501 East Loop 820 North Fort Worth, Texas 76118 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. Article XVII Immigration Nationality Act City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 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 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. CFW—Standard Agreement for Professional Services(Rev.20Mar2020) Page 7 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. July 2020 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and Dana&" do-E administration of this contract, including By: Dana Buredoff aul 10,20M 17:57 CDT) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Jul 10,2020 By• 6h-,Ow. A. �{ Approval Recommended: Name: Brian Glass Title: Architectural Services Manager fftelle Cmo62 Approved as to Form and Legality: By: SteveCooke(Jul 7,202011:26CDT) Name: Steve Cooke Title: Director, Property Ma t. 98 Shoirs� `01�T {V By: JSStmng(Jul X,20201622CDT) Attest: ' �C` t%,p Name: John B. Strong {Title: Assistant City Attorney rep Contract Authorization: By: �� U ` �cM&C: Not Required. Name: Mary J. Kaye C Title: City Secretary " 50 VENDOR: Terracon Consultants, Inc. By: Name: Ke n Gunn Title: Senior Principal Date: OFFICIAL RECORn CITY SECRETARY FT.WORTH,TX CFW—Standard Agreement for Professional Services(Rev.20Mar2O2O) Page 8 of 8 Existing Old Hemphill Rd Drop-Off Station Bldg.Addition 8 Site Modifications—Terracon Consultants,Inc. July 2020 Attachment "A" Irerracon June 4, 2020 City of Fort Worth Alfonso Meza 401 W. 131" Street Fort Worth, Texas 76102 Telephone: (817) 392-8274 Email: Alfonso.Meza@fortworthtexas.gov Re: Construction Materials Observation and Testing Services Old Hemphill Drop-Off Station 6260 Old Hemphill Street, Fort Worth, Texas Terracon Consultants Inc. Proposal No. P95201133 Dear Mr. Meza, Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal to provide construction materials testing, observation services, or special inspection services for the above referenced project as required. We are presenting this proposal to confirm our understanding of the services to be performed for this project, to obtain written authorization to provide these services, and to present the estimated fee to provide these services. The following sections outline our understanding of the project and provide a description of the tasks to be performed. We understand we have been selected to provide these services based solely on our qualifications. A) PROJECT INFORMATION (Exhibit A) The project involves the construction of a new office building, renovations to the existing shop building, and new pavements located at 6260 Old Hemphill Road in Fort Worth, Texas. The new 1,050 square foot building will have a monolithic 5"slab with grade beams. The building subgrade will be excavated a minimum of 9.5 feet below finished grade and the native soils will be removed. The native soils will then be moisture conditioned and compacted up to one foot below final grade. A one foot select fill cap will placed on the moisture conditioned soils. The building will have metal stud bearing walls with a metal truss roofing system. The major renovation to the existing shop building includes a new CMU wall enclosure around the west area of the building. We understand alternative number one has been accepted in addition to the base bid. The new office building will have a 6-inch concrete sidewalk pavement surrounding it. The north parking lots and other heavy-duty concrete pavements will be 7-inches of concrete over 6-inches of flexible base. The equipment yard will be 6-inches of concrete over 6-inches of flexible base. There is a retaining wall and associated paving near the new Goodwill trailers. Terracon Consultants, Inc. 2501 East Loop 820 North Fort Worth, Texas 76118 P [817] 268-8600 F [817] 268-8602 terracon.com Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station Irerracon 6260 Old Hemphill Street, Fort Worth,Texas June 4,2020 Terracon Proposal No. P95201133 Terracon was provided with the following construction documents for preparation of this proposal: • Civil Drawings by Carrillo Engineering dated 3/30/2018 • Structural Drawings by R. L. Woods &Associates dated 7/11/2018 • Geotechnical Report by CMJ Engineering dated 12/15/2017 B) SCOPE OF SERVICES (Exhibit B) Based on our review and understanding of the documents listed above, Terracon proposes the following scope of services: Earthwork Observations and Testing: 1. Sample materials to be used as building fills, utility trench backfill, wall backfill, general fill, pavement base and pavement subgrades. Prepare and test the samples for Atterberg Limits (ASTM D4318), Minus #200 Sieve (ASTM D1140), Sieve Analysis of Base (ASTM C136) and moisture-density relationship (ASTM D698). 2. Observe proofrolling operations of the building pad and paving subgrades; and perform density tests of the building fills, utility trench backfill, wall backfill, general fill, and pavement subgrades using the nuclear method (ASTM D6938) to determine the moisture content and percent compaction of the soil materials. Cast-in-Place Concrete Observations and Testing: 1. Sample and test the fresh concrete for each mix. Perform tests for slump, air content, ambient and concrete temperatures, and unit weight; and cast test specimens (ASTM C172, C31, C143, C231, C1064, C138). Terracon understands that the contractor will be responsible for maintaininq the initial field curing temperature of the concrete test specimens. 2. We have assumed the concrete will be sampled at a frequency of one set of five test cylinders every 100 cubic yards or fraction thereof per mix per day for all structural concrete. Terracon requests that a copy of the approved mix design(s) be provided to us prior to placement of the concrete. 3. Perform compressive strength tests of concrete test cylinders cast in the field (ASTM C31, C39). Five 4" x 8" concrete cylinders will be prepared for structural concrete having nominal maximum size aggregate of 1 inch or less. One cylinder will be tested at 7 days, three cylinders will be tested at 28 days, and one cylinder will be tested at 56 days or at an age requested by others. Four 6" x 12" concrete cylinders per set will be prepared for concrete having a nominal maximum size aggregate of greater than 1 inch. When 6" x 12" cylinders are prepared, one cylinder will be tested at 7 days, two cylinders will be tested at 28 days and one cylinder will be tested at 56 days or at an age requested by others. Responsive ■ Resourceful ® Reliable Page 12 II Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station erracon 6260 Old Hemphill Street, Fort Worth,Texas June 4,2020 Terracon Proposal No. P95201133 Reinforcing Steel Observation and Testing: 1. Verify the size, number and placement of reinforcing steel prior to placement of concrete, per construction drawings. 2. Terracon recommends scheduling a minimum of 24 hours prior to concrete placement. Masonry Observations and Testing: 1. Provide a qualified technician for periodic field observation during load-bearing CMU wall construction. 2. Sample mortar for compressive strength testing. (6 mortar cubes 2"x2"x2"per 5,000 SF wall area) 3. Sample grout for compressive strength testing. (4 grout prisms 3"x3"x6" per 5,000 SF wall area) Project Management/Administration: A project manager will be assigned to the project to review the daily activity and assist in scheduling the work. Field and laboratory tests will be reviewed prior to submittal. The project manager will be responsible for maintaining the project budget and will oversee the preparation of the final report. Special Inspections Letter: Upon completion of our services, a special inspection letter will be prepared, if requested. The letter will list services Terracon performed and if our results and/or observation were in compliance. C) REPORTING Results of field tests will be submitted verbally to available personnel at the site. Written reports of field tests and observations will be distributed within five business days. Test reports will be distributed via electronic distribution unless otherwise requested. Please provide Terracon with a report distribution list prior to the beginning of the project. The list should include the company name, address, contact person name, phone number, and e-mail address for each person. Our reported test locations will typically be estimated by pacing distances and approximating angles and elevations from local control data (staking and layout lines) provided by others on site. The accuracy of our locations will be dependent on the accuracy, availability and frequency of the control points provided by the client and/ or contractor. Responsive n Resourceful sm Reliable Page 13 Proposal for Construction Materials Testing Services " rraco Old Hemphill Drop-Off Station 6260 Old Hemphill Street, Fort Worth,Texas June 4, 2020 Terracon Proposal No. P95201133 D) SCHEDULING Field testing services will be provided on an "as requested" basis when scheduled by your representative. A minimum of 24-hour notice is required to properly schedule our services. To schedule our services please contact our dispatcher at(817) 591-4907. The dispatch office hours are from 7:00 a.m. to 5:00 p.m. Messages left after business hours will be checked the following business day. Terracon shall not be held responsible for tests not performed as a result of a failure to schedule our services or any subsequent damage caused as a result of a lack of testing. Terracon recommends that a copy of this proposal be provided to the general contractor so they understand our scope of services and schedule us accordingly. Please note that the number of tests and trips described in the Scope of Services does not constitute a minimum or maximum number of tests or trips that may be required for this project. Scheduling Retests: It is the responsibility of your representative to schedule retests in a like manner to scheduling our original services. Terracon shall not be held responsible for retests not performed as a result of a failure to schedule our services or any subsequent damage caused as a result of a lack of retesting. If you would like us to perform additional work, please contact us and we will issue a short Supplement to Agreement form, or Supplemental Proposal, that outlines the additional work to be performed and associated fees. To authorize us to begin additional work, you simply return a signed copy of the Supplemental agreement. E) COMPENSATION Based on the project information available for our review, we propose an estimated cost of $18,747.00. Services provided will be based on the unit rates included in the attached Budget Estimate. Please note that this is only a budget estimate and not a not-to-exceed price. Many factors beyond our control, such as weather and the contractor's schedule, will dictate the final fee for our services. For services provided on an "as requested" basis, overtime is defined as all hours in excess of eight hours per day or outside of the normal hours of 7:00 a.m. to 5:00 p.m. Monday through Friday, and all hours worked on weekends and holidays. Overtime rates will be 1.5 times the hourly rate quoted. A four hour minimum charge is applicable to all trips made portal to portal (our laboratory) to provide our testing, observation and consulting services. Responsive in Resourceful a Reliable Page 14 Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station Irerracon 6260 Old Hemphill Street, Fort Worth,Texas June 4, 2020 Terracon Proposal No. P95201133 A minimum charge is not applicable for trips to the project site for sample pickup only.All labor, equipment and transportation charges are billed on a portal to portal basis from our office. You will be invoiced on a monthly basis for services actually performed and/or as authorized or requested by you or your designated representative. Terracon's total invoice fee is due within thirty days following final receipt of invoice. Quantities and costs associated with re-tests, cancellations and stand-by time are not included in our estimated fee. F) SITE ACCESS AND SAFETY Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interest of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. G) TESTING AND OBSERVATION Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Terracon will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce — not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these services. Terracon shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Terracon's performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. Responsive Resourceful Ln Reliable Page 15 Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station Irerracon 6260 Old Hemphill Street, Fort Worth,Texas June 4, 2020 Terracon Proposal No. P95201133 H) AUTHORIZATION If this proposal meets with your approval, work may be initiated by returning a City of Fort Worth Standard Agreement for Professional Services for our review and execution. This proposal for services and accompanying limitations shall constitute the exclusive terms, conditions and services to be performed for this project. This proposal is valid only if authorized within sixty days from the listed proposal date. We appreciate this opportunity of working with you and we look forward to working with you in the future. Sincerely, Terracon Consultants, Inc. (Texas Registration No. F-3272) C✓�-�r1 Andrew Cloeter, E.I.T. William V. Jacob , P.E. Field Engineer Senior Project Materials Engineer Attachments: (1) Budget Estimate Responsive Resourceful ri Reliable Page 16 A Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station Irerracon 6260 Old Hemphill Street, Fort Worth,Texas June 4,2020 Terracon Proposal No. P95201133 BUDGET ESTIMATE (Exhibit C) Service Quantity Unit Unit Rate Estimate BUILDING Earthwork Observation and Testing Soils Technician, (min.2 hours) 40 hour $50.00 $2,000.00 Soils Technician, (Overtime) 12 hour $75.00 $900.00 Moisture Density Relationship(ASTM D-698) 3 each $175.00 $525.00 Minus No.200 Sieve Analysis (ASTM D-1140) 3 each $25.00 $75.00 Atterberg Limits (ASTM D-4318) 3 each $60.00 $180.00 Additional Charge for Coarse Aggregate Correction(ASTM D-1718) 2 each $25.00 $50.00 Nuclear Density Gauge 6 trip $50.00 $300.00 Vehicle Charge 8 trip $40.00 $320.00 Sub-total $4,350.00 Assumptions-2 trips for proctor pick ups, 6 trips for subgrade preparation Concrete&Reinforcing Steel Observation and Testing Concrete Technician, (min.2 hours) 6 hour $42.00 $252.00 Concrete Technician, (Overtime) 2 hour $63.00 $126.00 Compressive Strength Tests (ASTM C-39 4"x8") 5 each $15.00 $75.00 Concrete Cylinder Pick-Up 2 hour $42.00 $84.00 Vehicle Charge 2 trip $40.00 $80.00 Sub-total $617.00 Assumptions-1 trip for the building concrete pour Masonry Masonry Technician, (min. 2 hours) 16 hour $65.00 $1,040.00 Compressive Strength of Grout Prisms (ASTM C-1019) 8 each $35.00 $280.00 Compressive Strength of Mortar Cubes (ASTM C-109) 12 each $18.00 $216.00 Masonry Sample Pick-Up 6 hour $42.00 $252.00 Vehicle Charge 8 trip $40.00 $320.00 Sub-total $2,108.00 Assumptions-2 trips each for mortar and grout SITEWORK Earthwork Observation and Testing Soils Technician, (min. 2 hours) 30 hour $50.00 $1,500.00 Soils Technician, (Overtime) 8 hour $75.00 $600.00 Moisture Density Relationship(ASTM D-698) 3 each $175.00 $525.00 Minus No. 200 Sieve Analysis (ASTM D-1140) 3 each $25.00 $75.00 Atterberg Limits (ASTM D-4318) 3 each $60.00 $180.00 Sieve Analysis, Dry(ASTM C136) 1 each $75.00 $75.00 Additional Charge for Coarse Aggregate Correction (ASTM D-1718) 3 each $25.00 $75.00 Nuclear Density Gauge 9 trip $50.00 $450.00 Vehicle Charge 10 trip $40.00 $400.00 Sub-total $3,880.00 Assumptions -1 trip for proctor pick ups, 9 trips for field density testing Responsive n Resourceful ® Reliable Page 17 Proposal for Construction Materials Testing Services Old Hemphill Drop-Off Station Irerracon 6260 Old Hemphill Street, Fort Worth,Texas June 4,2020 Terracon Proposal No. P95201133 Concrete& Reinforcing Observation and Testing Concrete Technician, (min. 2 hours) 45 hour $42.00 $1,890.00 Concrete Technician, (Overtime) 10 hour $63.00 $630.00 Reinforcing Steel Technician, (min. 2 hours) 6 hour $42.00 $252.00 Compressive Strength Tests (ASTM C-39 4"x8") 60 each $15.00 $900.00 Concrete Cylinder Pick-Up 20 hour $42.00 $840.00 Vehicle Charge 20 trip $40.00 $800.00 Sub-total $5,312.00 Assumptions-10 trips for all concrete pours ADMINISTRATION Project Manager 15 hour $120.00 $1,800.00 Senior Project Manager 1 hour $135.00 $135.00 Clerical 7 hour $55.00 $385.00 Project Engineer 1 hour $160.00 $160.00 Sub-total $2,480.00 Estimated Project Total 90 Responsive Resourceful o Reliable Page 18 ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY TERRACON CONSULTANTS, INC. 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: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Refer to "Corporate Resolution of Authority"for signatory. Signature of President/ CEO Other Title: Date: Irerracon CORPORATE RESOLUTION OF AUTHORITY Please be advised that Kevyn Gunn is a Senior Associate for the Dallas office of Terracon Consultants, Inc. Ms. Gunn is authorized to execute contracts on behalf of Terracon Consultants, Inc. for services to be provided by Terracon Consultants, Inc. zfl�-� Patrick L. Courtney, Assistant Corporate Secretary Y. -2 9. 9 Date Terracon Consultants, Inc. 10841 S. Ridgeview Road Olathe, Kansas 66061 P (913)577-0461 F (913)599 0574