HomeMy WebLinkAboutContract 56217 CSC No. 56217
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 Alpha Testing, Inc., authorized to do business in Texas, an independent
contractor ("Consultant"), for a PROJECT generally described as: Construction Materials
Testing for Fire Station 45.
The Agreement documents shall include the following:
1 . This Standard Agreement for Professional Services;
2. Attachment "A"— Scope of Services;
Attachment "A", which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachment "A" and the terms and conditions set forth in the body of this
Agreement, the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with Fire Station 45.
(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 $30,547.50 unless
the City and the Consultant mutually agree upon a fee amount for additional services
and amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services
rendered shall be due within thirty (30) days of the uncontested performance of the
particular services so ordered and receipt by City of Consultant's invoice for payment of
same.
City of Fort Worth,Texas Standa OFFICIAL RECORD
Revision Date:3/20/2020
Page 1 of 10 CITY SECRETARY
FT. WORTH, TX
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 12
months, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors, and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable
local, state and federal laws and with all applicable rules and regulations
promulgated by the local, state and national boards, bureaus and agencies.
Approval by the City shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its services
performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 2 of 10
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained
all insurance required under this Article and the City has approved such
insurance, nor shall Consultant allow any subcontractor to commence work on its
subcontract until all similar insurance of the subcontractor has been so obtained
and approval given by the City; provided, however, Consultant may elect to add
any subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 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.
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 3 of 10
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
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
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 4 of 10
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement,
including any original drawings or documents, whether furnished by the City, its
officers, agents, employees, consultants, or contractors, or prepared by
Consultant, shall be or become the property of the City, and shall be furnished to
the City prior to or at the time such services are completed, or upon termination
or expiration of this Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of Consultant involving
transactions relating to this Agreement. Consultant agrees that the City shall have
access during normal working hours to all necessary facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with
the provisions of this section. City shall give Consultant reasonable advance notice
of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have
access to and the right to examine any directly pertinent books, documents,
papers and records of such sub-consultant, involving transactions to the
subcontract, and further, that City shall have access during normal working hours
to all sub-consultant facilities, and shall be provided adequate and appropriate
work space in order to conduct audits in compliance with the provisions of this
article. City shall give Consultant and any sub-consultant reasonable advance
notice of intended audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 5 of 10
Article X
Minority Business and Small Business Enterprise (MBE)(SBE) Participation
In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011,
as amended, the City has goals for the participation of minority business enterprises
and/or small business enterprises in City contracts. Consultant acknowledges the MBE
and SBE goals established for this Agreement and its accepted written commitment to
MBE and SBE participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result in the
termination of this Agreement and debarment from participating in City contracts for a
period of time of not less than three (3) years.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
Article XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
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 Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 6 of 10
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 131" Street
Fort Worth, Texas 76102
Consultant:
Alpha Testing, Inc.
Attn: Ken Combs
5058 Brush Creek Road
Fort Worth, Texas 76119
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 Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 7 of 10
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 (I-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
No Boycott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this Agreement, Contractor certifies that Contractor's signature provides
written verification to City that Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 8 of 10
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
b L5=G � administration of this contract, including
By: Dana Burghdoff( g24,20 15:16CDT) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Aug 24, 2021
Approval Recommended: Name: Brian Glass
Title: Architectural Services Manager
Approved as to Form and Legality:
By: Steve 17,202110:41 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept. V t ��
By: JB Strong(Aug 2 02114:16 CDT)
Attest: Name: John B. Strong
Title: Assistant City Attorney
16,1zla�110 Contract Authorization:
By: iIdP.Gonzales(," ;25,2 09:0 ) b444.dn��� M&C: n/a
Name: Ronald P. Gonzales as FORI-
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Title: Acting City Secretaryo
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VENDOR: �ZL�nEXpSopo
Alpha Testing, Inc
Ken Combs
By, Ken Combs(Aug16,202112:00 CDT)
Name: Ken Combs
Title: Vice-President
Date: Aug 16,2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 9 of 10
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
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:
Signature of President/ CEO
Other Title:
Date:
City of Fort Worth,Texas Standard Agreement for Professional Services
Revision Date:3/20/2020 Project Name
Page 10 of 10
CIVIT COSTESTIMATE
Station
Fort Worth,
• No: •
ALPH ` -
i
WHERE IT ALL BEGINS
C
C
Environmental Geotechnical Construction Materials
6eotechn
A LPN A #XTESTING Constructs a! 50588rush CreekRoad TeL 817.496.5600
Construction Materials
Environmental Fort Worth,Texas 76119 Fax:817.49656A8
WHERE IT ALL BEGINS
TBPE Firm No.813 www.alphatesmg.com
July 20, 2021
CITY OF FORT WORTH ARCHITECTURAL
DEPARTMENT
401 West 13Th Street
Fort Worth, Tx 76102
Attention: Ronald Clements
Ronald.Clements@fortworthtexas.gov Construction Materials Testing
Services and Fees
REVISED-FIRE STATION#45(PRELIMINARY)
Fort Worth, Texas
Cost Estimate No: 85162-2019-40
We are pleased to submit the following cost estimate for performing Construction Materials Testing on the project
referenced above.
Thank you for the opportunity to submit this estimate. If this cost estimate is satisfactory, would you please sign the
enclosed cost estimate acceptance sheet and return it to us. We will consider receipt of a signed copy of this cost
estimate as our official notice to proceed.
We look forward to working with you on this project. If there are any questions, please contact Ben Njaria at
817.496.5600, ext. 3318, we are available to discuss any questions at your convenience.
Respectfully submitted,
ALPHA TESTING, INC.
Ben Njaria
Senior CMT Estimator
BN/jr Tim Begole, Jr.
Attachments: Acceptance Sheet CMT Department Manager
General Terms and Conditions
Cost Estimate No: 85162-2019-40 2
FIRM PROFILE
HISTORY
Alpha Testing, Inc. (Alpha), a Texas corporation established in 1983, provides full-service geotechnical engineering,
construction materials testing and inspection, and environmental services. Our goal since 1983 has been to be
recognized as "First in Service" by our clients. Alpha is known for responsiveness, accurate and reliable data
collection, and consistent recommendations -all provided as agreed. Let the success of your next project start with
us!
Alpha is a registered Texas engineering firm (#813)and a Texas geoscience firm (#50341), meets the requirements
of ASTM E-329, is AASHTO R-18 accredited, and has engineers licensed in multiple states. Alpha currently employs
over 275 people.
Alpha recognizes that our client base faces challenges at every turn, either meeting a deadline, meeting a budget, or
overcoming a field or design challenge. It is our internal challenge to make your challenges ours. Tell us what you
need, we will take ownership, ask the needed questions, then be responsive in execution.
BUSINESS LOCATIONS
1. Dallas Office—Corporate
2209 Wisconsin St., Suite 100, Dallas, Texas 75229
(V) 972-620-8911 (F)972-620-1302
Brian Powell, PE, President: bpowell@alphatesting.com
Ken Combs, Vice President: kcombs@alphatesting.com
2. Fort Worth Office
5058 Brush Creek Rd. Fort Worth, TX 76119
(V) 817-496-5600 (F)817-496-5608
Tim Begole, CET, CMT Manager: tbegole@alphatesting.com
Brian Hoyt, PE, Geotechnical Manager: bhoyt@alphatesting.com
3. San Antonio Office
4740 Perrin Creek, Suite 480 San Antonio, TX 78217
(V)210-249-2100 (F)210-249-2101
Adam Heiman, PE, Geotechnical Dept. Manager: aheiman@alphatesting.com
4. Houston Office
6513 W. Little York Road, Houston, TX 77040
(V) 713-360-0472 (F)713-360-0481
Joseph Culley, Regional Manager:jculley@alphatesting.com
Quality Control
All testing equipment in Alpha's laboratories is calibrated on an annual basis using traceable standards (NIST or
NSTL). Calibrations are confirmed by CCRL and AASHTO on a bi-annual basis during third-party inspections. Along
with calibration of equipment, Alpha also maintains an internal QA/QC program to assure consistent and reliable test
results. This program pertains to methodologies for performing tests that have been developed and expanded
through years of experience.
Cost Estimate No: 85162-2019-40 3
PROJECT INFORMATION
It is our understanding that one, steel framed building with an approximate footprint of 11,198 square feet is to be
constructed at 1901 Quail Grove Drive in Fort Worth, Texas. Concrete paving is also planned for the proposed
structure. We understand that water lines, sanitary sewers, and storm drains will be installed at the proposed
development. It is anticipated that slab on void foundation with drilled piers will be utilized to support the given
structure. In this cost estimate,we are providing our estimate of the testing anticipated based on our understanding of
the project information provided in the contract documents: civil plans dated: 2/24/2021-1 structural plans dated:
9/15/2021-1 Along with the applicable city standards for the City of Fort Worth and the geotechnical report date:
4/25/2019 by Alpha Testing.
Note:This cost estimate does not include full time IBC special inspection of structural steel,cold formed steel,
fireproofing,exterior insulation finish systems.Should these item be required,this cost estimate may be revised
upon request.
SITE PREPARATION, FILLING, BACK FILLING
Based on our understanding of the information provided for this project, field density testing is required on the sub-
grade and fill materials placed. It is estimated that an engineering technician could be required on site for about 22
hours to perform approximately 65 field density tests. In addition, the technician could obtain approximately 2 soil
samples for laboratory proctor analysis.
UTILITIES
Based on our understanding of the information provided, field density testing is required on the backfill material
placed. We have estimated that approximately 138 linear feet of storm drains would be excavated and installed. In
addition, about 161 linear feet of water lines, and an estimated 74 linear feet of sanitary sewer lines would be placed.
We have estimated that our engineering technician could be required to observe and test on site full-time for
approximately 18 hours to perform approximately 65 field density tests. It is estimated that approximately 300 linear
feet of utilities lines will be placed per day. In addition the technician could obtain approximately 1 soil sample for
laboratory proctor analysis.
PIER INSTALLATION MONITORING
It is our understanding that approximately 84 straight shaft piers will be drilled. We estimate that the contractor could
complete approximately 8 piers per working day. It is estimated that an engineering technician could be required on
site for about 11 working days during the pier drilling operations.
CONCRETE TESTING
Based on information provided, it is our understanding, approximately 1,300 cubic yards of concrete will be placed. It
is estimated that an engineering technician could be required on site for an estimated 132 hours to mold
approximately 124 test cylinders.
STRUCTURAL STEEL
It has been estimated that an engineering technician could be required for approximately 14 hours to visually observe
the structural steel placed and 14 hours for non-destructive testing on full penetration welds.
MORTAR , GROUT & MASONRY UNITS
It is our understanding that mortar and grout placed on the project would be tested. We have estimated that our
engineering technician could be required on site for approximately 44 hours to cast an estimated 15 grout and 15
mortar specimens for compressive strength testing in the laboratory.
Cost Estimate No: 85162-2019-40 4
SCOPE OF SERVICES
SITE PREPARATION, FILLING, BACK FILLING
Building Structures:1 FDT every 2,500 square feet and 6 inch lift.
Paving: 1 FDT each 5,000 square feet and 6 inch lift.
All areas supporting slab foundations, flatwork, pavement or areas to receive new fill should be properly proof-rolled,
compacted and tested.
Note: This cost estimate assumes suspended slab in areas of building structures. Should actual pad
preparation differ from this, this cost estimate could be revised upon request.
UTILITIES
Trench Back-fill: 1 density test for every 100 linear feet each 6 inch lift.
Trench backfill for utilities should be properly placed and compacted in accordance with requirements of local City
standards
Note: Pot Hole testing will not be an acceptable method of testing.
PIER INSTALLATION MONITORING
11 days of drilling with 1 technician with 1 drilling Rig.
1 set of 4 concrete test cylinders to be obtained per day.
While on site, the technician would verify the depth to the bearing stratum, total pier depth*, reinforcing steel placed,
as well as mold approximately test cylinders of concrete placed in piers.
Should temporary casing be required due to water seepage, drilling operations would be slower and therefore
additional testing costs would be applicable.
CONCRETE TESTING
Slab: 1 set of 4 test cylinders every 100 cubic yards.
Paving: 1 set of 4 test cylinders every 100 cubic yards.
Gradebeam: 1 set of 4 test cylinders every 50 cubic yards.
Utility Structures: 1 set of 4 test cylinders every 50 cubic yards.
Hardscapes or Sidewalks: 1 set of 4 test cylinders every 50 cubic yards.
Note: This cost estimate assumes sanitary sewer structures are pre-cast and will not require any testing and
storm drain structures are cast- in place and will require testing. Should some of these items not require
testing, this cost estimate could be revised upon request.
STRUCTURAL STEEL
1 trip every 5,000 square feet.
MORTAR , GROUT & MASONRY UNITS
Mortar: 1 set of 6 test cubes every 5,000 (wall)square feet.
Grout: 1 set of 3 test prisms every 5,000 (wall)square feet.
Masonry Units: 1 set of 2 units every 5,000 (wall)square feet..
Cost Estimate No: 85162-2019-40 5
ESTIMATED TESTING SCHEDULE
The following is our estimate of the number, type and cost of anticipated construction materials testing for the project
referenced previously. This estimate of the expected testing was developed based on project plans and information
as provided by the client. It should be recognized that variations in construction schedules, weather, amount of re-
testing, additional testing requested by our client, etc., could result in differences between the actual and estimated
testing costs. Although efforts will be made to maintain the testing costs within the estimated amount, charges will be
computed based on actual services rendered.
Testing services proposed herein do not include full-time personnel on site nor any form of project supervision. It is
our understanding that testing will be scheduled by the client or his designated representative, and ALPHA
TESTING, INC. does not assume the responsibility for assuring all required tests are performed. If desired, ALPHA
could monitor testing frequencies and locations during the progress of the work to assure the required testing is
performed, at an additional cost.
I. Site Preparation, Filling, Back Filling
Description Est. Qty Unit Rate Est. Total
Proof Rolling Observation/Hour 1.00 $40.00 $40.00
Plastic Sheeting Verification/Hour 1.00 $40.00 $40.00
Density Testing/Hour 18.00 $40.00 $720.00
Density Testing (Ot)/Hour 2.00 $60.00 $120.00
Nuclear Density Gauge/Each 5.00 $120.00 $600.00
Proctor#/Each 2.00 $185.00 $370.00
Atterberg Limit Test/Each 2.00 $70.00 $140.00
-200 Sieve/Each 2.00 $70.00 $140.00
Material Pickup/Hour 4.00 $40.00 $160.00
Vehicle Trip Charge/Trip 6.00 $35.00 $210.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal00
II. Site Preparation, Filling, Back Filling (Existing Fill Mitigation)
Description Est. Qty Unit Rate Est. Total
Density Testing/Hour 18.00 $40.00 $720.00
Nuclear Density Gauge/Each 4.00 $120.00 $480.00
Vehicle Trip Charge/Trip 5.00 $35.00 $175.00
Engineering Report Review/Hour 2.00 $85.00 $170.00
Subtotal00
Cost Estimate No: 85162-2019-40 6
III. Utilities
Description Est.Qty Unit Rate Est. Total
Density Testing /Hour 18.00 $40.00 $720.00
Nuclear Density Gauge/Each 2.00 $120.00 $240.00
Proctor#/Each 1.00 $185.00 $185.00
Atterberg Limit Test/Each 1.00 $70.00 $70.00
-200 Sieve/Each 1.00 $70.00 $70.00
Material Pickup/Hour 4.00 $40.00 $160.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal00
IV. Pier Installation Monitoring (Includes Concrete)
Description Est.Qty Unit Rate Est. Total
Pier Monitoring/Hour 110.00 $48.00 $5,280.00
Pier Monitoring (Ot)/Hour 11.00 $72.00 $792.00
Concrete Comp. Test/Each 44.00 $18.50 $814.00
Cylinder Pickup/Hour 7.00 $40.00 $280.00
Vehicle Trip Charge/Trip 11.00 $35.00 $385.00
Engineering Report Review/Hour 2.00 $85.00 $170.00
Pier Start/Ls 1.00 $500.00 $500.00
Subtotal00
V. Concrete Testing
Description Est.Qty Unit Rate Est. Total
Prepour Monitoring/Hour 11.00 $40.00 $440.00
Concrete-Testing/Hour 110.00 $40.00 $4,400.00
Concrete-Testing (Ot)/Hour 11.00 $60.00 $660.00
Concrete Comp. Test/Each 124.00 $18.50 $2,294.00
Cylinder Pickup/Hour 19.00 $40.00 $760.00
Vehicle Trip Charge/Trip 24.00 $35.00 $840.00
Engineering Report Review/Hour 4.00 $85.00 $340.00
Subtotal00
VI. Structural Steel
Description Est. Qty Unit Rate Est. Total
Structural Steel Monitoring/Hour 14.00 $75.00 $1,050.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal40.00
Cost Estimate No: 85162-2019-40 7
VII. Cold Formed Framing Observation & Reporting
Description Est. Qty Unit Rate Est. Total
Structural Steel Monitoring/Hour 14.00 $75.00 $1,050.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal40 00
Vill. Mortar&Grout
Description Est. Qty Unit Rate Est. Total
Masonry Observation & Reporting/Hour 44.00 $50.00 $2,200.00
Cubes/Each 15.00 $18.50 $277.50
Grout Prisms/Each 15.00 $25.00 $375.00
Material Pickup/Hour 4.00 $40.00 $160.00
Vehicle Trip Charge/Trip 6.00 $35.00 $210.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal
IX. Storm Shelter Peer Review
Description Est. Qty Unit Rate Est. Total
Storm Shelter Compliance Report/Ls 1.00 $1,000.00 $1,000.00
Subtotal000 00
Grand Total: $30,547.50
*Should ALPHA TESTING, INC.be awarded the testing for the above referenced project, it is requested that a complete set of
approved plans and specifications be forwarded to this office along with the signed authorization to proceed.
Cost Estimate No: 85162-2019-40 8
ADDITIVE OPTION
I. Optional-Concrete Testing
Description Est.Qty Unit Rate Est. Total
Floor Flatness (Minimum Charge)/Min 2.00 $450.00 $900.00
Batch Plant Inspection/Hour 29.00 $40.00 $1,160.00
Subtotal0.0 00
II.Optional-Sprayed-On Fire Proofing
Description Est.Qty Unit Rate Est. Total
Fireproofing/Hour 9.00 $40.00 $360.00
Lab Density Testing/Each 6.00 $55.00 $330.00
Adhesion/Cohesion Testing/Each 2.00 $55.00 $110.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal ••0 00
III. Optional-Sprayed-On Fire Proofing (Intumescent)
Description Est. Qty Unit Rate Est. Total
Fireproofing/Hour 9.00 $40.00 $360.00
Equipment Charge/Day 1.00 $125.00 $125.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal(Intumescent) 00
IV. Optional-Sprayed-On Fire Proofing (Stopping)
Description Est.Qty Unit Rate Est. Total
Fireproofing/Hour 9.00 $40.00 $360.00
Equipment Charge/Day 1.00 $125.00 $125.00
Vehicle Trip Charge/Trip 3.00 $35.00 $105.00
Engineering Report Review/Hour 1.00 $85.00 $85.00
Subtotal ...
VII. Optional-Storm Shelter Peer Review
Description Est. Qty Unit Rate Est. Total
Principal Engineer(p.e.)/Ls 1.00 $15,585.00 $15,585.00
Subtotal (Storm Shelter Peer Review) $15,585.00
Additive Options Grand Total: $19,985.00
*Please Select Desired Testing Scope*
Cost Estimate No: 85162-2019-40 9
CMT ACCEPTANCE FORM
Date: July 20, 2021 Alpha Cost Estimate No: 85162-2019-40
Project Name: REVISED-FIRE STATION#45
(PRELIMINARY) CMT Base Estimate $30,547.50
Project City: Fort Worth, Texas
* Highlighted Areas Must Be Filled Out*
CLIENT: ATTN:
ADDRESS: EMAIL:
CITY/STATE/ZIP: PHONE/FAX:
OWNER OF PROPERTY:
ADDRESS: CITY/STATE/ZIP:
PROJECT LEGAL DESCRIPTION:
PROJECT COUNTY:
The undersigned hereby accepts all the Terms and Conditions set forth in this cost estimate and warrants that he/she has full
authority to bind the Client. Payment Terms: Net Within 30 days in Dallas,Texas.
No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed
contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or
work stoppage will commence on the 4th day and continue until signed authorization is received in our office.
For projects with new clients under$1,000.00,written authorization must be received prior to the start of work and payments must
be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon
arrival to the site to perform the work.
Cost Estimate ACCEPTED BY:
Signature Title Date
Accounts Payable Contact:
Name: Phone: Email:
Please indicate in the space provided authorized field personnel,along with email or mobile numbers,who may sign our Field
Technicians time ticket upon completion of our daily work: (If no names are provided it will
be understood no authorized field representative signature is required.)
REPORTS WILL BE PROVIDED TO THE CLIENT VIA THE INTERNET
Please provide a personal password for this project(up to 15 characters): Please provide a
valid email address: .You will be contacted by email and given your Project ID
number to use for login access to the Alpha website,www.alphatesting.com, to retrieve your reports. You can
directly print any individual report or all reports within a range of dates you specify.
REPORT DISTRIBUTION
Firm Contact Name Email
Cost Estimate No: 85162-2019-40 10
REMARKS
Services and fees not listed above will be quoted on request.
Invoices will be submitted monthly for services performed. Payment will be due in Dallas within thirty(30)days of receipt of invoice.
Interest will be added to delinquent accounts at a rate of 1.5 percent for each month of delinquency.
Payment of the invoice is not contingent on Client's agreement or acceptance of ALPHA's test result or findings. If CLIENT objects
to any portion of an invoice or report, it shall notify ALPHA in writing within ten(10)days from the date of actual receipt of the
invoice of the amount and nature of the dispute,and shall timely pay undisputed portions of the invoice.
The above unit prices are applicable for one year from the date of this letter and are subject to change without notice thereafter.
Next day results for Standard Proctor Tests will be charged at 1.5 times the standard unit prices.
The prices above include electronic copies of the report distributed in accordance with client's instructions.Additional physical
copies will be billed at a rate of$.25 per sheet.
All field services are charged portal-to-portal,minimum charge of 3 hours per trip applies to all field work.
All reports are available on line.
Dispatch schedule hours are Monday-Friday from 7:00 am to 5:00 pm and Saturday 7:00 am to 12:00 pm. All schedule calls made after
these hours will be returned in the order received.Please make sure to schedule work in a timely manner(a minimum of 24 hours in
advance)if you want ALPHA to guarantee a technician on site at the desired time.Dispatch phone numbers:817-507-0546.Note:You
must reference Alpha's job project number to schedule services.If project number is unknown please reference cost estimate number
shown on the CM acceptance form.
""Note: Due to the everchanging circumstances surrounding the COVID-19 Virus,situations may arise during the performance of this
agreement that affect availability of resources and staff of ALPHA,the Client,other consultants,and public agencies. Therefore,there
could be changes in the referenced schedule and/or project costs. ALPHA will exercise reasonable efforts to overcome the challenges
presented by current circumstances,but ALPHA will not be liable to Client for any delays,expenses,losses,or damages of any kind
arising out of the impact of the COVID-19 Virus.
Cancellations will be invoiced for portal to portal times as well as time spent on site awaiting determination of cancellation.
Services performed outside a 40 mile radius of this area will be charged mileage of$.55 a mile.
Overtime rates will be applicable for services performed in excess of 8 hours per day and on Saturdays and Sundays.Services
performed on holidays will be billed at 2.0 times the regular hourly rate.
Waiver of Subrogation-If a Waiver of Subrogation is required by your company,there will be a fee applied to your first invoice.The
fee will be a minimum of$300.00 charge or 1%of contract price plus$50.00,which ever is greater.
ALPHA TESTING, INC. provides no warranty,either expressed or implied,that the testing provided under this contract satisfies all
requirements of the plans and specifications for the project,applicable City specifications or other governing bodies that may have
jurisdiction over the project.
No reports will be issued until we have a signed contract,purchase order or Letter of Authorization to proceed in our
office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of
services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office.
For projects with new clients under$1,000.00 written authorization must be received prior to the start of work and payments must
be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon
arrival to site to perform the work.
PLEASE NOTE: In keeping OSHA Safety regulation,ALPHA TESTING, INC.employees will not enter a trench to test that is not in
compliance with current OSHA regulations. Delays or cancellations caused by waiting for trench(s)to be brought into compliance
will be invoiced on an hourly basis.
Cost Estimate No: 85162-2019-40 11
"EXHIBIT A"
Terms and Conditions
Section 1: The Agreement
The Agreement between the parties,which shall describe and govern CLIENT's engagement of ALPHA TESTING, INC. ("ALPHA")
to provide only the services ("Services") in connection with the project("Project")which are specifically identified and agreed to in
the proposal ("Proposal"), consists of the Proposal, these General Terms and Conditions ("Terms"), ALPHA's fee schedule, and
any exhibits or attachments referenced in any of these documents. Together these elements constitute the entire agreement
between the parties, superseding any and all prior negotiations, correspondence, or agreements, either written or oral,with respect
to the subject matter of this engagement. This Agreement may only be modified by mutual signed,written agreement. In the event
of a conflict between these Terms and the Proposal or exhibits, the following order of precedence shall prevail: (i)These Terms, (ii)
the Proposal,and(iii)any exhibits or attachments referenced in the foregoing.
Section 2: Standard of Care
The Services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of ALPHA's
profession currently practicing under similar conditions and in the same locality as the Project.. Interpretations and
recommendations by ALPHA will be based solely on information discovered by, or made available to,ALPHA during the course of
the engagement. In connection with such information, CLIENT recognizes that subsurface conditions across the site may vary from
those observed at test locations, including but not limited to locations where density tests and concrete tests, borings, surveys, or
explorations are made, and that site conditions may change over time, and as such, CLIENT shall be solely responsible for
determining the locations and scope of testing related to the subsurface exploratory program and assumes all risks related thereto.
ALPHA shall not be responsible for the use or interpretation of such information by non-parties to this Agreement nor shall ALPHA
be responsible for changed site conditions or for subsurface conditions at locations where testing, borings, surveys, or explorations
are not made. If Client provides ALPHA's report to any third Party, Client shall make such third party aware of this limitation of
liability,and shall defend, indemnify,and hold ALPHA harmless from any action against ALPHA by such third party.
ALPHA MAKES NO OTHER REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,REGARDING THE SERVICES,AND EXPRESSLY
DISCLAIMS ANY OTHER WARRANTIES;INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF GOOD AND
WORKMANLIKE PERFORMANCE AND OF FITNESS FOR A PARTICULAR PURPOSE.
Section 3: Site Access and Conditions
CLIENT shall grant to,or obtain for,ALPHA unimpeded access to the Project site for all equipment and personnel necessary for the
performance of the Services, and access necessary for ALPHA's personnel to photograph the Project site. As required to
effectuate such access, CLIENT shall notify all owners, lessees, contractors, subcontractors, and other possessors of the Project
site that ALPHA must be allowed free access to the site. CLIENT understands that, in the normal course of performing the
Services, some damage, including but not limited to injury to vegetation, rutting, and cracking of concrete, may occur as a result of
ALPHA's performance of the Services, and further agrees that ALPHA is not responsible for the correction of any such damage
caused by ALPHA unless otherwise specified in the Proposal. CLIENT is solely responsible for the accuracy of locations for all
subterranean structures and utilities, and CLIENT waives any claim against ALPHA, and shall defend (with counsel acceptable to
ALPHA), indemnify, and hold ALPHA harmless from any claim or liability for injury, damages, or loss by any party, including costs
of defense and attorneys' fees, arising from damage caused as a result of subterranean structures and utilities not being properly
identified or accurately located by CLIENT. In addition,and without limiting the foregoing, CLIENT shall compensate ALPHA for any
consequential damages resulting from any such claim, including without limitation time spent or expenses incurred by ALPHA in
defense of any such claim, with such compensation to be based upon ALPHA's prevailing fee schedule and expense
reimbursement policy.
Cost Estimate No: 85162-2019-40 12
Section 4: CLIENT's Responsibility and Project Understanding
CLIENT shall provide or otherwise make available to ALPHA all information in its possession or subject to its control regarding
existing and proposed conditions at the site. Such information shall include, but not be limited to, plot plans, topographic surveys,
hydrographic data, and previous soil data, including borings, field and laboratory tests, written reports, drawings, plans and
specifications. CLIENT shall immediately, but in no event later than twenty-four(24) hours after its receipt, transmit to ALPHA any
new information concerning site conditions that becomes available, and any change in plans or specifications concerning the
Project to the extent such information may affect ALPHA's performance of the Services. CLIENT shall, upon 24 hours oral or
written notice, provide a representative at the job site to supervise and coordinate the Services.
Additional responsibilities of the CLIENT include: review of ALPHA's work for overall coordination with the work of other
consultants, including any architects and engineers; with reasonable promptness, but in no event later than 48 hours, provide all
available information regarding requirements for ALPHA's work; upon request by ALPHA, the CLIENT shall furnish the services of
other reasonably required consultants, including surveys, testing laboratory, etc.; prepare and assemble specifications for the
General Conditions and Supplementary Conditions and all architectural components of the project, and coordinate assembly of
ALPHA's specification sections into a proper format; notify ALPHA immediately if the Client, any architect, or any engineer
becomes aware of any item or condition which in directly, or indirectly, may affect the performance of Alpha's work and any fault or
claimed deficiency with ALPHA's work, or nonconformance with the Contract Documents and provide ALPHA a reasonable
opportunity to cure any such deficiency or nonconformance; confer with ALPHA before issuing interpretations or clarifications of the
documents prepared by ALPHA; forward to ALPHA for review and recommendation all construction phase submittals that pertain to
ALPHA's work;and advise ALPHA of the identity and scope of services of other consultants participating in the Project. Client shall
be solely responsible for coordinating the services of its consultants with the services of ALPHA.
ALPHA shall not be liable for any incomplete or inaccurate information furnished by CLIENT or damages caused by CLIENT's failure to
strictly adhere to the recommendations of ALPHA contained in any Geotechnical Report, Addendum or other correspondence, and
CLIENT shall defend(with counsel acceptable to ALPHA)indemnify and hold ALPHA harmless against any claims,demands or liability,
including costs of defense and attorneys'fees,arising out of,related to,or contributed to by such incomplete or inaccurate information
or failure to follow the recommendations of ALPHA. CLIENT waives any claim it might have against ALPHA for damages arising out its
failure to timely provide accurate information or its failure to timely provide new,changed, or additional information,as set forth in the
preceding paragraph, and further agrees to indemnify and hold harmless ALPHA from any claim or liability resulting from CLIENT's
failure to timely provide such new,changed,or additional information.
Section 5: Project Change
In the event CLIENT, the Project owner, Architect, Structural/Civil Engineer or other party makes any changes in the initial
information provided by the client, including, but not limited to the size and location of the planned improvements, or makes any
changes or alterations to any plans and/or specifications provided to ALPHA, CLIENT agrees to defend and hold ALPHA harmless
from any liability arising out of such changes, and CLIENT assumes full responsibility for any claims, damages or liabilities arising
out of or related to such changes unless CLIENT has given ALPHA prior written notice of such changes and has received from
ALPHA written consent for such changes.
Cost Estimate No: 85162-2019-40 13
Section 6. Confidentiality
All data, forms, software, or any other materials developed by ALPHA pursuant to the performance of Services under this
Agreement, or supplied to or obtained by ALPHA from CLIENT, or generated by ALPHA or its subcontractors is confidential (the
"Confidential Material") and will be afforded Confidential Treatment by ALPHA, its employees, agents, affiliates, and
subcontractors. Proprietary concepts and systems of ALPHA, and ideas developed by ALPHA during the performance of the
Services shall remain the sole property of ALPHA("Alpha Intellectual Property"). Confidential Treatment includes the following: (i)
The Confidential Material will be available only to employees of ALPHA; and (ii) Confidential Material will not be disclosed to any
third party without the prior authorization of CLIENT. Upon completion of the Services or other termination of this Agreement, any
Confidential Material retained by ALPHA not previously provided to third parties pursuant to Client authorization shall be retained by
ALPHA for a period of at least 60 days, during which time period, such Confidential Material will be returned to CLIENT upon
request by CLIENT.After this time period,ALPHA shall have the right, but not the obligation, to destroy such Confidential Material,
thus terminating its confidentiality obligations. If Confidential Material is retained by ALPHA past such time period, the obligations
stated in this Section 6 shall survive until the earliest of the following occur: (i) Confidential Material has become available to the
general public through no fault of ALPHA; or (ii) Confidential Material is received by ALPHA from others who are in lawful
possession of such and who by such disclosure are not breaching any obligation to CLIENT.
Section 7.Sample Disposal
Samples of soil, rock, water, waste or other materials contaminated by hazardous substances, including asbestos, obtained from
the Project site are and remain the property of the CLIENT. ALPHA shall retain such samples for no longer than fourteen (14)
calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are
mutually agreed upon in writing. It is CLIENT's responsibility to select and arrange for lawful disposal procedures that encompass
removing the contaminated samples from ALPHA's custody and transporting them to a suitable disposal site. Accordingly, unless
CLIENT indicates otherwise, within the fourteen (14) day period referenced above, CLIENT hereby instructs ALPHA to make
arrangements on behalf of CLIENT and at CLIENT's sole cost and expense,for proper transportation and disposal of contaminated
samples with appropriate licensed parties. Due to the risks to which ALPHA may be exposed during transportation and disposal of
contaminated samples, CLIENT waives any claim against ALPHA, and shall defend, indemnify,and hold ALPHA harmless from any
claim or liability for injury or loss, including costs of defense and attorneys'fees,arising out of or related to from ALPHA's service in
arranging for proper transportation and disposal of contaminated samples on behalf of CLIENT. There are extra costs involved in
this disposal by ALPHA of samples contaminated with highly toxic and/or hazardous substances (i.e. PCBs, Dioxins, Cyanide,
Pesticides, etc.). In this case, the CLIENT shall pre-pay all transportation and disposal costs or ALPHA will return the samples to
the project site for proper disposal by the Client.
Section 8.Construction Observations
ALPHA shall have no authority, duty or responsibility to reject or terminate the work of any agent or contractor of CLIENT. No
action, statements, or communications of ALPHA, or ALPHA's site representative, may be construed as modifying any agreement
between CLIENT and others. ALPHA's presence on the Project site in no way guarantees the completion or quality of the
performance of the work of any party retained by CLIENT to provide construction related services. Neither the professional
activities of ALPHA, nor the presence of ALPHA or its employees, representatives, or subcontractors on the Project Site, shall be
construed to impose upon ALPHA any responsibility for methods or quality of work performance, sequencing of construction, or
safety conditions at the Project site. In that regard, CLIENT acknowledges that ALPHA shall not be responsible for the means,
methods, techniques or sequences of construction as these are the sole responsibility of the contractor. CLIENT further
acknowledges that CLIENT or its general contractor is solely responsible for job site safety, and warrants and agrees that such
responsibility shall be made evident in the Project owner's agreement with the general contractor. CLIENT shall make ALPHA an
additional insured under any general contractor's general liability insurance policy.
Cost Estimate No: 85162-2019-40 14
Section 9.Ownership of Documents
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by
ALPHA in connection with this engagement, shall remain the property of ALPHA. CLIENT agrees that all reports and other
material(s)furnished by ALPHA to CLIENT, or to CLIENT's agents, for which CLIENT has not paid will be returned to ALPHA upon
demand and will not be used by CLIENT or others for any purpose whatsoever. Unless otherwise required by law, ALPHA will
retain all pertinent records relating to the Services performed for a period not exceeding five years following submission of any
report, as referred to herein, during which period the records will be made available to CLIENT at a reasonable and mutually
convenient time. After such five year period, ALPHA shall have the right, but not the obligation, to, in its sole discretion, destroy
any or all of such documents.
Section 10. Termination
This Agreement may be terminated by ALPHA without cause upon ten (10) days' written notice by the terminating party. This
Agreement may also be terminated for cause by the non-defaulting party if, after seven (7)days after written notice of a default in
the performance of any material provision of this Agreement, the defaulting party fails to cure or correct such default. In the event of
termination, ALPHA will be paid for services performed through the effective date of termination, plus reasonable termination
expenses, including the cost of completing analysis, records, and reports necessary to document job status at the time of
termination.
Section 11. RISK ALLOCATION AND LIMITATION OF LIABILITY
The parties acknowledge that a variety of risks potentially affect ALPHA by virtue of entering into an agreement to perform the
Services.The parties further acknowledge and agree that there is no disparity in bargaining power between the parties. IN ORDER
FOR CLIENT TO OBTAIN THE BENEFIT OF A LOWER FEE THAN WOULD OTHERWISE BE AVAILABLE, CLIENT AGREES TO
LIMIT ALPHA'S LIABILITY TO CLIENT, AND TO ANY AND ALL OTHER THIRD PARTIES, FOR CLAIMS ARISING OUT OF OR
IN ANY WAY RELATED TO THE SERVICES PERFORMED OR TO BE PERFORMED BY ALPHA. ACCORDINGLY,THE CLIENT
AGREES THAT THE TOTAL AGGREGATE LIABILITY OF ALPHA SHALL NOT EXCEED THE TOTAL FEE FOR THE SERVICES
RENDERED ON THE PROJECT, OR$25,000,WHICHEVER IS LOWER, FOR ANY LIABILITIES, INCLUDING BUT NOT LIMITED
TO NEGLIGENT PROFESSIONAL ACTS OR ERRORS OR OMISSIONS, AND CLIENT AGREES TO INDEMNIFY ALPHA FOR
ALL LIABILITIES IN EXCESS OF THE MONETARY LIMITS ESTABLISHED. Client agrees that in no instance shall ALPHA be
responsible, in total or in part, for the errors or omissions of any other professional, contractor, subcontractor or any other third
party. Client also agrees that ALPHA shall not be responsible for the means, methods, procedures, performance, quality or safety
of the construction contractors or subcontractors, or for their errors or omissions.
Section 12. Discovery of Unanticipated Hazardous Materials
CLIENT represents and warrants that it has made reasonable efforts to discover and has informed ALPHA of known or suspected
hazardous materials on or near the Project site. The parties acknowledge that hazardous materials may exist at a site even if there
is no reason to believe they are present. ALPHA and CLIENT agree that the discovery of such unanticipated hazardous materials
constitutes a changed condition that shall require either a re-negotiation of the scope of ALPHA's Services or termination of this
Agreement without cause. CLIENT recognizes that the discovery of hazardous materials may necessitate immediate protective
measures to safeguard the public health and safety and shall compensate ALPHA for measures that, in ALPHA's sole professional
discretion, are necessary and justified to preserve and protect the health and safety of site personnel and the public. CLIENT also
shall compensate ALPHA for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous
materials. ALPHA shall notify CLIENT as soon as practicable should unexpected hazardous materials be encountered at the site
that pose a threat to human health, safety and the environment. CLIENT agrees that, in the event of the discovery of hazardous
materials at the site, it shall report such discovery to the proper authorities as required by Federal, State, and local regulations.
CLIENT agrees to make the required report at the recommendation of ALPHA, or, if unable to do so, authorizes ALPHA to make
such report. CLIENT shall also inform the Project site owner in the event that hazardous materials are encountered at the site.
Notwithstanding any other provision of this Agreement, CLIENT waives any claim against ALPHA, and to the maximum extent
permitted by law, agrees to defend, indemnify, and hold ALPHA harmless from any claim, liability and/or defense costs for damage,
injury or loss arising from or in any way related to the presence of hazardous materials on the project site, including any costs
created by delay of the project and any costs associated with possible reduction of the property's value. CLIENT is responsible for
ultimate disposal of any samples secured by ALPHA that are found to be contaminated,at CLIENT's sole cost and expense.
Cost Estimate No: 85162-2019-40 15
Section 13.Ground Water Contamination
CLIENT acknowledges that it is impossible for ALPHA to discover, ascertain or know the exact composition of a site's subsurface,
even after conducting a comprehensive exploratory program. As a result, there is a risk that drilling and sampling may result in
contamination of certain subsurface areas.Although ALPHA will take reasonable precautions to avoid such an occurrence, CLIENT
waives any claim against ALPHA for, and shall defend, indemnify and hold ALPHA harmless from, any claim or liability for injury or
loss which may arise as a result of subsurface contamination caused by drilling, sampling, testing or monitoring well installation.
CLIENT shall also adequately compensate ALPHA for any time spent and expenses incurred in defense of any such claim.
Section 14. Insurance
No insurance carried by ALPHA shall be deemed to limit in any way the responsibility of any contractor or subcontractor for
damages resulting from their services in connection with the Project. CLIENT shall include, or cause to be included, in the Project's
construction contract such requirements for insurance coverage and performance bonds to be secured and maintained by the
Project contractor as CLIENT deems adequate to insure and indemnify CLIENT and ALPHA against claims for damages, and to
insure compliance of work performance and materials with Project requirements.
Section 15. Indemnity
ALPHA AND THE CLIENT SHALL EACH INDEMNIFY AND HOLD THE OTHER HARMLESS FROM AND AGAINST ANY CLAIMS
FOR BODILY INJURY OR DAMAGE TO TANGIBLE PROPERTY RESULTING FROM: (A) NEGLIGENT ERROR, OMISSION OR
ACT OF THE INDEMNITOR OR THE INDEMNITOR'S OFFICERS, SERVANTS, EMPLOYEES OR SUBCONSULTANTS IN THE
PERFORMANCE OF THE WORK HEREUNDER; OR(B) NEGLIGENT FAILURE OF THE INDEMNITOR OR THE INDEMNITOR'S
OFFICERS, SERVANTS, EMPLOYEES OR SUBCONSULTANTS TO COMPLY WITH LAWS OR REGULATIONS; OR (C)
NEGLIGENT FAILURE OF THE INDEMNITOR TO PERFORM UNDER ANY CONTRACT WITH ANY OTHER PARTY, ITS,
OFFICERS, SERVANTS, EMPLOYEES, SUBCONSULTANTS OR CLIENTS. THIS INDEMNITY OBLIGATION SHALL SURVIVE
PERFORMANCE OF THE SERVICES HEREUNDER AND SHALL BE LIMITED BY THE TERMS AND CONDITIONS
REFRENCED IN SECTION 11,ABOVE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALPHA WILL NOT INDEMNIFY CLIENT FOR ITS OWN
NEGLIGENCE.
Section 16. Invoices and Payment Terms
In consideration for the performance of the Services, ALPHA shall be paid an amount and according to terms set forth in the
Proposal ("Project Cost"); however, if payment terms are not listed in the Proposal, payment for Services shall be payable within
thirty(30)days of ALPHA's invoice date (the "Payment Due Date").All payments must be paid by the Payment Due Date, and shall
not be contingent upon CLIENT's receipt of separate payment, financing or closing on the project property, or other conditions
whatsoever. If CLIENT objects to any portion of an invoice, it shall notify ALPHA in writing within ten (10) days from the date of
actual receipt of the invoice of the amount and nature of the dispute, and shall timely pay undisputed portions of the invoice. Past
due invoices and any sums improperly withheld by CLIENT shall accrue interest thereon at the rate of one percent(1%)per month,
or the maximum rate allowed by law, whichever is lower. CLIENT agrees to pay all costs and expenses, including reasonable
attorney's fees and costs, incurred by ALPHA should collection proceedings be necessary to collect on Client's overdue account.
Unless the Proposal specifies the Project Cost as not-to-exceed or lump sum, CLIENT acknowledges that any cost estimates and
schedules provided by ALPHA may be subject to change based upon the actual Site conditions encountered, weather delays and
impact and any other requirements of the CLIENT and should be used by CLIENT for planning purposes only.ALPHA will endeavor
to perform the Services within the estimates but will notify CLIENT if estimates are likely to be exceeded. In the event of changed
site conditions or other conditions requiring additional time, CLIENT agrees to pay the reasonable and necessary increases
resulting from such additional time.
Unless otherwise specified in the Proposal, CLIENT will be solely responsible for all applicable federal, state or local duty, import,
sales, use, business, occupation, gross receipts or similar tax on the Services, and for any applicable duty, import sales, uses,
business, occupation, gross receipts or tax and shipping charges relating to equipment and repair parts furnished in connection
with the Services. In the event ALPHA is required to respond to any subpoena or provide testimony (as a fact or expert witness)
related to the Services, CLIENT shall pay ALPHA for time and expenses in accordance with ALPHA's then current fee schedule.
Cost Estimate No: 85162-2019-40 16
Section 17. Non-Solicitation
During ALPHA's performance on the Project and for a period of one (1)year after the Project is completed or otherwise terminated
for any reason, CLIENT shall not, directly or indirectly, individually or on behalf of any other person, firm, partnership, corporation,
or business entity of any type: (i)solicit, assist or in any way encourage any current employee, contractor or consultant of ALPHA
to terminate his or her employment relationship or consulting relationship with or for ALPHA, nor will CLIENT solicit the services of
any former employee or consultant of ALPHA whose service has been terminated for less than six (6) months, or(ii)solicit to the
detriment of ALPHA and/or for the benefit of any competitor of ALPHA, take away or attempt to take away, in whole or in part, any
customer of ALPHA or otherwise interfere with the ALPHA's relationship with any of its customers. CLIENT understands and
acknowledges that ALPHA's employees, contractors and consultants are a valuable resource to ALPHA, and often these persons
hold confidential and or trade secret information of ALPHA's, including proprietary technology and valuable trade secrets of ALPHA,
which are vital to the business of ALPHA and whose value depends upon them not being generally known. CLIENT expressly
agrees that, if ALPHA's employees, contractors, and consultants are solicited in contravention of this Non-Solicitation provision,
that ALPHA will be irreparably damaged. In such event,ALPHA shall be entitled,without bond,other security, or proof of damages,
to appropriate equitable remedies with respect any breach(es)of this Agreement, including injunctive relief, in addition to any other
remedies available at law or in equity.
CLIENT understands and acknowledges that ALPHA's employees, contractors and consultants are a valuable resource to ALPHA,
and often these persons hold confidential and or trade secret information of ALPHA's, including proprietary technology and valuable
trade secrets of ALPHA,which are vital to the business of ALPHA and whose value depends upon them not being generally known.
CLIENT expressly agrees that, if ALPHA's employees, contractors, and consultants are solicited in contravention of this Non-
Solicitation provision, that ALPHA will be irreparably damaged. In such event, ALPHA shall be entitled, without bond, other
security,or proof of damages,to appropriate equitable remedies with respect any breach(es)of this Agreement, including injunctive
relief, in addition to any other remedies available at law or in equity.
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Section 18. Resolution of Disputes
(a) Mediation. All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach
thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract,errors,omissions,or acts of
professional negligence, (collectively "Disputes")shall be submitted to mediation before and as a condition precedent to pursuing
any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, CLIENT and ALPHA shall
select a neutral mediator by mutual agreement. Such selection shall be made within ten (10)calendar days of the date of receipt by
the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the
selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by CLIENT and ALPHA within
ten (10) calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American
Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree.
(b) Arbitration. Any claim dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved
by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the
American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect of the date of this
Agreement. A demand for arbitration shall be made in writing, delivered to the other party of this Agreement, and filed with the
person or entity administering the arbitration. A demand for arbitration shall be made no earlier that concurrently with the filing of a
request for mediation, but in no event, shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations
purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the
institution of legal or equitable proceedings based on the claim, dispute or other matter in question. The forgoing agreement to
arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall
be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the
arbitrator(s)shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction
thereof.
(c) Consolidation or Joinder. Either party, as its sole discretion, may consolidate an arbitration conducted under this Agreement
with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits
consolidation; (2)the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations
employ materially similar procedural rules and methods for selecting arbitrator(s). Either party,at its sole discretion, may include by
joinder persons or entities substantially involved in a common question of lay or fact whose presence is required if complete relief is
to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration
involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent. The CLIENT and ALPHA grant to any person or entity made a party to an arbitration
conducted under this Section 18.C, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner
and Architect under this Agreement.
The provisions of this Section 18 shall survive the termination of this Agreement.
Section 19. Governing Law and Survival
The validity of this Agreement, these terms, their interpretation and performance shall be governed by and construed and enforced
in accordance with the laws of the State of Texas without regard to its conflict of laws rules or similar principles which would refer to
and apply the substantive laws of another jurisdiction, and applicable international conventions and treaties. The parties hereto
hereby consent and agree that venue of any arbitration action shall lie exclusively in Dallas County, Texas, and the parties hereby
consent to the exclusive jurisdiction of the state courts located in Dallas County, Texas to hear and determine any claims,disputes,
or award between the parties arising out of such arbitration, or for any matter found to not arise under the parties' arbitration
agreement. The parties hereto expressly submit and consent in advance to such jurisdiction and hereby waive any objection to
such jurisdiction. If any of the provisions contained in this agreement are held illegal, invalid, or unenforceable,the enforceability of
the remaining provisions will not be impaired.
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