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HomeMy WebLinkAboutContract 60703CITY OF FORT WORTH, TEXAS CSC No. 60703 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Alliance Geotechnical Group, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Eugene McCray Community Center — Sidewalk Replacement, Construction Materials Testing and Inspection Services. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A" — Scope of Services; Dated December 20, 2023. 3. Attachment "B" — Verification of Signature Authority Form. Attachments "A" and "B", which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Eugene McCray Community Center — Sidewalk Replacement, Construction Materials Testing and Inspection Services. (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 $14,588.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of Same. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW-Std. Agreement for Prof. Services (Rev. 20Mar2O2O) Page 1 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of until Certificate of Occupancy Issuance, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 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-Std. Agreement for Prof. Services (Rev. 20Mar2020) Page 2 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 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: Nikita N. Watts, 200 Texas Street, Suite T105, 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. 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. CFW-Std. Agreement for Prof. Services (Rev. 20Mar2020) Page 3 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 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 (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 CFW-Std. Agreement for Prof. Services (Rev. 20Mar2O2O) Page 4 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 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 i�ret:rr_�nter:�� ,.�r_rr�s�rr_t.�:rr.�:*s��►�.l.T.vl.�r.�.lz` Agreementand SWE goals established fer this - portidpatiOR. ' -o p. than 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. CFW-Std. Agreement for Prof. Services (Rev. 20Mar2020) Page 5 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 /_1MC WN11 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: Nikita N. Watts Sr. Capital Projects Officer 200 Texas Street, Suite T105 Fort Worth, Texas 76102 Consultant: Alliance Geotechnical Group, Inc. Attn: Robert P. Nance President 3020 Wichita Court Fort Worth, Texas 76140 CFW-Std. Agreement for Prof. Services (Rev. 20Mar2020) Page 6 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 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-Std. Agreement for Prof. Services (Rev. 20Mar2O2O) Page 7 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Dana Buhdoff By: Dana Burghdoff (Jan 02414:28 CST) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Jan 7, 2024 Approval Recommended: By: Name: Ricardo Salazar II Title: Interim Director, Property Mgmt. Dept 44pV4pn�� a 0 FART p-+v Attest: ° c �o PVo °=0 �J d % � aab rEXA544 �URua49 By: Name: Jannette Goodall Title: City Secretary VENDOR: Alliance Geotechnical Group, Inc By: '4W_- Name: Robert P. Nance Title: President Date: Dec 20, 2023 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4;N2 Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: att' By. Name: John B. Strong Title: Assistant City Attorney Contract Authorization: Not Required M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW-Std. Agreement for Prof. Services (Rev. 20Mar2O2O) Page 8 of 8 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. December 2023 RLLIf11'ICE GGGEOTECHNICAL GROUP December 20, 2023 Proposal No.: P23-1209C-R1 Mr. Alfonso Meza City of Fort Worth Property Management 401 West 131h Street Fort Worth, Texas 76102 A-t-ta (ArA5-Q-T 1;`� CONSTRUCTION MATERIALS ENGINEERING & TESTING GEOTECHNICAL ENGINEERING CONSTRUCTION INSPECTION SERVICES FORENSIC STUDIES Subject: Construction Materials Testing Services Eugene McCray Community Center Sidewalk Replacement Fort Worth, Texas Dear Mr. Meza: Alliance Geotechnical Group (Alliance) is pleased to submit this proposal for construction materials testing for the above referenced project. We understand we have been selected based on qualifications in accordance with the Professional Services Procurement Act. PROJECT INFORMATION Based on our review of the project plans, specifications, and geotechnical report, we understand that the project will consist of the following: ♦ Structural: Sidewalk adjacent to existing structure consisting of a structural slab -on -void pier and grade beam foundation Epoxy doweling into existing grade beams ♦ Earthwork: Grade beam backfill in 8" lifts Compaction of subgrade soils under void space, concrete flume, ADA ramp, and rip rap Pier drilling with 9-foot minimum penetration into bearing stratum ♦ Flatwork/Paving: ADA ramp, concrete flume, rip rap Dallas • Fort Worth • Frisco • Houston • Huntsville • Longview Me® 3020 Wichita Court Fort Worth, Texas 76140 /BMW Tel:817-595-4565 • Fax:817-595-1033 • www.aggengr.com A ALLIANCE �GG GEOTECHNICAL GROUP SCOPE OF SERVICES The following scope of services is based on our review of project documents dated 9/13/2023, geotechnical report T16042 dated 8/25/2016, and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Inspections and Testing for Earthwork ➢ Obtain and perform laboratory moisture/density relations (ASTM D698/D1557/D558, TEX- 113-E, TEX-114-E) and soil classification tests (liquid limit, plastic limit and percent finer than no. 200 sieve analysis) for each soil type. ➢ Perform in -place moisture/density tests at the rate of 1/ 10,000 square feet for paving areas, 1/2,500 square feet for building areas, 1/ 2,500 square feet for select fill, 1/75 linear feet for utilities, 1/100 linear feet for beam and footing areas, with a minimum of 2 tests per lift per area. ➢ Inspection of cardboard void forms and soil retainers prior to grade beam backfill. Deep Foundation Elements and Footinizs ➢ AGG shall observe the installation of all deep foundation elements and/or footings and record all information necessary for the AGG to provide a reliable cost reconciliation by linear foot for each type of deep foundation element and cubic yard of excavation and reinforced concrete for footings. ■ Information to include elevation of the grade at the time of drilling, and elevation for the bottom of steel casing, when casing is used. ■ Identification of bearing strata and elevation ■ Whether casing is required ■ Provide Deep Foundation Element Reconciliation Report that tabulates difference between assumed and actual conditions for the total cumulative length of uncased deep foundation elements, and cased piers were applicable, for each diameter and reinforcement pattern. Inspections and Testing for Concrete Construction ➢ Perform reinforcing steel inspection prior to concrete placement (generally the same day unless scope of pour deemed too large by AGG) for conformance with project plans and reviewed shop drawings. ➢ Perform epoxy dowels inspection after concrete has reach required strength. ➢ During concrete pours, for each intended use, AGG shall sample concrete from the first concrete truck on each day of concrete pouring and a minimum of one truck every 75 cubic yards thereafter. ➢ Perform testing and inspections during concrete placements, which will include: ■ collect a copy of the batch ticket and verify mix design matches reviewed submittal ■ collect a sample in accordance with ASTM C172 ■ perform slump test in accordance with ASTM C143 ALLIANCE �GG GEOTEOiNICAL GROUP ■ perform air content test in accordance with ASTM C231 or ASTM C173 ■ perform unit weight test in accordance with ASTM C138 ■ record concrete temperature in accordance with ASTM C1064 ■ fabricate cylinders molded and standard -cured in accordance with ASTM C31; either four 6" x 12" or five 4" x 8" cylinders ■ perform compression testing in accordance with ASTM C39 COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $14,588.00. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. The City of Fort Worth Property Management Department and Alliance Geotechnical Group may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Services provided by Alliance will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Please indicate your approval of the proposal and the Alliance Geotechnical Group's General Conditions by signing below acceptance form and returning. Any modifications of the attached language must be accepted by both parties. We appreciate the opportunity to provide you with our services. If you have any questions or wish to discuss any aspect of our proposal, please call us. Following your authorization, we are ready to begin work and look forward to a successful project. Sincerely, Alliance Geotechnical Group Michael T. Anthony, E.I.T. Project Manager Attachments: Fee Schedule Estimated Quantities Acceptance Form Remarks Alliance Geotechnical Group FEE SCHEDULE & ESTIMATED QUANTITIES Eugene McCray (P23-1209C) Concrete Quantitv Unit Fee Total 1000 Concrete Technician 40.00 @ $50.00 $2,000.00 1008 Concrete Cylinder Pick Up 10.00 @ $160.00 $1,600.00 1100 Reinforcing Steel Inspection 24.00 @ $50.00 $1,200.00 ASTM C39 Compressive Strength of Cylindrical Concrete 50.00 @ $20.00 $1,000.00 Specimens Concrete Budget: $5,800.00 Misc 1303 Geotechnical Engineer 8.00 @ $113.50 $908.00 1307 Project Manager 12.00 @ $105.00 $1,260.00 1319 Sr. Engineering Technician (Pier Inspection) 20.00 @ $57.00 $1,140.00 1322 Vehicle Trip Charge 20.00 @ $45.00 $900.00 Misc Budget: $4,208.00 Soils 1400 Earthwork Inspection and Testing 30.00 @ $55.00 $1,650.00 1400.1 Earthwork Inspection and Testing (First 1.5 hrs) 10.00 @ $180.00 $1,800.00 1408.1 Material Sampling for In -Lab Testing 2.00 @ $160.00 $320.00 ASTM D1140 Material in Soils Finer than No. 200 Sieve 3.00 @ $45.00 $135.00 ASTM D4318 Liquid Limit, Plastic Limit, and Plasticity Index of Soils 3.00 @ $60.00 $180.00 ASTM D698 Laboratory Compaction Characteristics of Soil Using 3.00 @ $165.00 $495.00 Standard Effort Soils Budget: $4,580.00 Total Budget: $14,588.00 ALLIANCE �GG GEOTECNNICAL GROUP Date: Project Name CME ACCEPTANCE FORM December 20, 2023 Eugene McCray Community Center Sidewalk Replacement Project City: Fort Worth, Texas *Highlighted Areas Must Be Filled Out* CLIENT: ADDRESS: CITY/STATE/ZIP: OWNER OF PROPERTY: ADDRESS: PROJECT LEGAL DESCRIPTION: PROJECT COUNTY: AGG Cost Estimate No CME Estimate: $ ATTN: _ EMAIL: PHONE/FAX: CITY/STATE/ZIP: P23-1209C-R1 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 41h day and continue until signed authorization is received in our office. For projects with new clients under $1,000.00, written authorization must be received prior to the start of work and payments must be received before reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to the site to perform the work. Cost Estimate ACCEPTED BY: Signature Accounts Payable Contact: Name: Phone: Title Email: Date Please indicate in the space provided authorized field personnel, along with pager or mobile numbers, who may sign our Field Technician's time ticket upon completion of our daily work: If no names are provided it will be understood no authorized field representative signature was required. REPORT DISTRIBUTION FIRM CONTACT NAME EMAIL ALLIfINCE �UV GEOTECHNICAL GROUP REMARKS Services and fees not listed above will be quoted on request. Invoices will be submitted monthly for services performed. Payment will be due in Dallas within thirty (30) days of receipt of invoice. Interest will be added to delinquent accounts at a rate of 1.5 percent for each month of delinquency. Payment of the invoices is not contingent on Client's agreement or acceptance of Alliance Geotechnical Group's test result or findings. If CLIENT objects to any portion of an invoice or report, it shall notify Alliance Geotechnical Group in writing within ten (10) days from the date of actual receipt of the invoice of the amount 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 "RUSH" Proctor Tests will be charged at 1.5 times the standard unit prices. The prices above include electronic copies of the report distributed in accordance with client's instructions. Additional copies to individuals not listed on acceptance form whether physically or electronically, will be billed at administrative rate. Additional physical copies will be billed at a rate of $.25 per sheet. All field services are charged portal-to-portal, minimum charge of 4 hours per trip (rounded to the nearest whole hour) applies to all field work, U.N.O. All reports are available on line via user log in at www.alliancerpts.com Dispatch schedule hours are Monday -Friday from 7:00 am to 5:00 pm. Schedule call 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 Alliance to guarantee a technician on site at the desired time. Dispatch phone number is 817-595-4565. Note: You must reference Alliance's job project number to schedule services. If project number is unknown please reference cost estimate number shown on the CMT acceptance form. Cancellations will be invoiced for portal to portal times as well as time spent on site awaiting determination of cancellation. This proposal does not include any technician stand-by, non -readiness charges, and/or trips or re -tests of the previous failing tests. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eight (8) hours per day Monday through Friday or any time before 7:00 a.m. or after 5:00 p.m. Service performed on Saturdays and Sundays will be billed at 1.5 times the regular hourly rate. Services performed on recognized holidays will be billed at 2.0 times the regular hourly rate. Waiver of Subrogation — If a Waiver of Subrogation 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, whichever is greater. Alliance Geotechnical Group provides no warranty, either expressed or implied, that the testing provided under this contract satisfies all requirements of the plans and specifications for the project, applicable City specifications or other governing bodies that may have jurisdiction over the project. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office. For projects with new clients under $1000.00 written authorization must be received prior to the start of work and payments must be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to site to perform the work. PLEASE NOTE: In keeping OSHA Safety regulation, Alliance Geotechnical Group employees will not enter a trench to test that is not in compliance with current OSHA regulations. Delays or cancellations caused by waiting for trench(s) to be brought into compliance will be invoiced on an hourly basis. ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY ALLIANCE GEOTECHNICAL GROUP, INC. 3020 WICHITA COURT FORT WORTH, TEXAS 76140 Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Consultant. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President / CEO Other Title: President Date: Dec 20, 2023 CFW-Std. Agreement for Prof. Services (Rev. 20Mar2020) Page 1 of 1 Eugene McCray CC — Sidewalk Replacement, Construction Materials Testing & Inspection Svcs. — Atch. B December 2023