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HomeMy WebLinkAboutContract 64065CSC No. 64065 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and ECS Southwest, LLP, authorized to do business in Texas ("Consultant"), for a project generally described as: Amon Carter Stair Replacement ("Project") -Project No. 106370. Article I Scope of Services (1)Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2)Additional services, if any, will be memorialized by an amendment to this Agreement. (3)All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $1,798.50 ("Contract Amount") in accordance with the Proposal shown in Attachment "A". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251 ). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article Ill Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 1 of 8 WRMC Amon Carter Stairs 106370 the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of 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 respondeat 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 Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: March 8, 2024 Page 2 of 8 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: March 8, 2024 Page 3 of 8 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 subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 XII RESERVED Article XIII 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 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 or its subcontractor(s). Ciry of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: Maroh 8, 2024 Page 4 of 8 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: March 8, 2024 Page 5 of 8 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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, Senior Capital Projects Officer Property Management 100 Fort Worth Trail Fort Worth, Texas 76102 Consultant: ECS Southwest, LLP Attn: Alberto Frias, Jr 2621 White Settlement Road Fort Worth, Texas 76107 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the 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 contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: March 8, 2024 Page 6 of 8 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth, Texas WRMC Amon Carter Stairs Standard Agreement for Professional Services 106370 Revision Date: March 8, 2024 Page 7 of 8 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A -Scope of Services/Compensation Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH v'�tJ� Vajerie Washington (Sep 30, 2025 20:01:12 CDT) Valerie Washington Assistant City Manager Date: 09/30/2025 Jannette Goodall City Secretary BY: CONSULTANT ECS Southwest, LLP T""' '{, Timothy Tarbutton (Sep 25, 202513:42:33 CDT) Tim Tarbutton Subsidiary Regional Manager Date: 09/25/2025 A��ROVf.L RECOMMENDED:V yr1~t71t1,Jc.oz.__ Marilyn Marvin Director Property Management APPROVED AS TO FORM AND LEGALITY By: Ste en Hines ( ep 30, 202515:09:10 CDT) Stephen M. Hines Sr. Assistant City Attorney M&C No.: NA;...._ ___ _ M&C Date: NA '-------- 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 �:�uire� City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: March 8, 2024 Page 8 of 8 Name: Nikita N. Watts Title: Sr. Capital Project Officer WRMC Amon Carter Stairs 106370 � _ _ :� - - �i -� f-= -_ �.. _�� ��� ECS Southwest, LLP Estimated Fee Proposal for Construction Materials Testing and Observation Services Amon Carter Stair Replacement Amon Carter Square & Will Rogers Rd Fort Worth, Texas 76107 ECS Proposal No. 63:4229 September 16, 2025 '�""�� _ "`�- � � � ECS SOUTHWEST, LLP Geotechnical • Construction Materials • Environmental • Facilities September 16, 2025 Ms. Nikita Watts City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 Reference: Estimated Fee Proposal for Construction Materials Testing and Observation Services Amon Carter Stair Replacement Amon Carter Square & Will Rogers Rd Fort Worth, Texas 76107 ECS Proposal No. 63:4229 Dear Ms. Watts: ECS Southwest, LLP (ECS) appreciates the opportunity to submit this proposal to provide Construction Materials Testing and Observation Services for the above-referenced project. This proposal contains our project understanding, proposed scope of services, fee estimate with applicable schedule of unit rates, and authorization requirements. Our considerable experience with similar projects will help us provide efficient, cost-effective construction observation, testing, and engineering consulting services. We look forward to the opportunity to work with you on this project and to serve as your consultant in the future. If you have any questions, or if we can be of any additional service, please contact us at (682) 350-2250. Respectfully submitted, ECS Southwest, LLP -- � Alberto Frias Jr CMT Group Supervisor Alberto Frias Jr CMT Group Supervisor �� �� Tim Tarbutton Subsidiary Regional Manager 2621 WHITE SETTLEMENT ROAD, FORT WORTH, TX 76107 • T: (682) 350-2250 • F: (817) 847-8616 ECS Florida, LLC • ECS Mid-Atlantic, LLC • ECS Midwest, LLC • ECS Pacific, Inc. • ECS Southeast, LLC • ECS Southwest, LLP ECS New York Engineering, PLLC —An Associate of ECS Group of Companies • www.ecslimited.com "ONE FIRM. ONE MISSION:' ECS Southwest, LLP PROJECT UNDERSTANDING Our understanding of the project is that it will include repair to the East stairs of the existing Will Rogers Memorial Facility, we assume two trips for the reinforcing steel observation and two sets of five cylinders as provided in the email scope of work. SCOPE OF SERVICES The scope of services for this project includes the testing and observation associated with the planned development. The scope of services for this project is outlined in more detail in Appendix I of this proposal. CONSTRUCTION DOCUMENTS Construction documents or formal documentation was not available to ECS at the time of this proposal preparation. The estimated fee is based on email/phone call. The estimated fees for this project are outlined in Appendix III. UNDERSTANDING CONSTRUCTION MATERIALS TESTING AND SPECIAL INSPECTIONS Construction Materials Testing (CMT) and Special Inspections (SI) are performed to help provide the project's contractors, designers, owners, and local code officials some indication of the level of compliance obtained by the installing contractors with the project specifications. These services are provided at periodic intervals, which typically are defined by the project specifications and on some occasions by the applicable building code. Test locations for most materials, i.e. soils, concrete, and fireproofing, are generally based upon random selection, as such not all materials incorporated into a construction project are tested or observed. The greater the testing frequency, the greater the confidence level that the test results are representative of other untested areas; however, no amount of testing can assure 100% compliance. Testing and observation services provided by ECS do not relieve the installing contractors from their obligation to install all materials in accordance with the applicable project plans and specifications. ECS makes a reasonable effort to test in accordance with the applicable project requirements and to identify areas of materials that may not comply with the project specifications. However, due to the periodic and random nature of our testing, we cannot guarantee that all materials have been installed in accordance with the specifications. The responsibility to correct or remediate non-complying conditions, even non-complying conditions discovered after testing or during subsequent phases of construction remains solely with the installing contractors. FEES FOR SERVICES ECS proposes to conduct our scope of services on a unit rate basis in accordance with the fee schedule included in Appendix II. We have utilized this fee schedule along with the plans and specification to derive the estimated fees which are shown in Appendix III. Services provided for this project will be billed in accordance with the unit rate fee schedule provided in Appendix II of this proposal. Our professional judgment was used to determine the estimated fees; however, there are many factors that are not in ECS' control once the project starts, such as the contractor's working hours and intensity, which could affect over-time the estimated fees for our services. We will endeavor to work and invoice the client within the confines of our estimated fees; however, the estimated fees are not represented as a lump sum price or a not-to-exceed value. ECS Proposal No. 63:4229 Page � 3 ECS Southwest, LLP Any and all deviations from the assumed quantities and timeframes detailed in the attached estimate are not included and will be considered as an addition to our proposed scope of service. We have assumed that the general contractor will provide the normal and customary concrete cylinder curing boxes and/or curing sheds as applicable and therefore costs associated with on-site concrete cylinder curing facilities have not been included in the estimated fees. Please note that we have not included site visits for the specific task of retesting or re-observing failed tests/non-compliant work. Time for Project Engineers to attend meetings (other than those included in our estimate fee herein) have not been included in the estimated fee. Actual fees may be greater or less than the estimate based upon actual quantities that will be calculated using the enclosed schedule of unit rates. Should supplemental services be deemed necessary at a later date, they would be invoiced at the rate noted on the fee schedule in effect at that time, unless otherwise agreed upon in advance. All unit rates will remain in effect for the duration of the project. ECS field services will be rendered portal-to-portal from our office in Fort Worth, TX. Our unit rates are based on a normal 8 hour work day, Monday through Friday. Overtime beyond 8 hours per day, 40 hours per week, outside the hours of 7:00 AM to 5:00 PM Monday through Friday and all ECS recognized Holidays will be invoiced at a rate of 1.5 times the normal hourly rate. [REFERENCE APPENDIX II] BILLING AND CONTRACT CONDITIONS Invoices will be issued on a monthly basis and will provide a breakdown of billing units. Upon request, ECS Southwest, LLP will provide a separate invoice for services provided outside of the proposed scope of work. Invoices are normally processed on or around the 10th of each month and represent costs incurred during the previous month. These invoices will typically display a monthly cumulative summary of project costs to date. This monthly summary will serve as a means of monitoring expenses as they relate to job progress. We request that payment be rendered within 30 days of receipt of the invoice. ECS reserves the right to assess a finance charge of 1.5% per month on the outstanding balance over 30 days. ECS also reserves the right to withhold final certifications until outstanding balances have been paid in full. COMMUNICATIONS AND SCHEDULING Our automated Field Reporting and Electronic Distribution (FRED) system can provide an efficient reporting of field and laboratory activities as discussed later. Our service will be provided on an on-call basis. The appropriate contractor or owner representative should contact our Dispatch at _635cheduling@ECSLimited.com or by calling our office at (682) 350- 2250. Scheduling or cancellation should occur prior to 3:00 p.m. on the day before services are required. After that time, we will make every effort to schedule or cancel, but we cannot guarantee results. Services cancelled without advance notice will be assessed a minimum 4-hour charge upon arrival at the site. ECS requests that all materials proposed for compaction or fill placement be submitted to our laboratory for testing a minimum of one week in advance of their placement on the project. ECS reports are distributed by e-mail. Please list those to whom the reports should be sent and provide their e-mail on the attached Proposal Acceptance Form [Appendix IV]. ECS Proposal No. 63:4229 Page � 4 ECS Southwest, LLP Technician rates for services provided during evening/night shifts (if applicable) will be charged at 1.50 times the appropriate hourly rate. A minimum of 3-hours is billed for each work shift schedule between 6:OOpm and 6:OOam. ECS ADVANTAGES In addition to the standard services many local testing agencies provide, ECS has distinguished itself on multiple disciplines to allow us to "Set the Standard of Service" for you, our clients. Most notably: • Resources. Our size allows us to maintain consistent staffing levels to meet your project's needs. We currently have 85+ offices and testing facilities, and 2,500+ employees. • Experience. In 2023, ECS celebrated its 35th anniversary. • Technology. Electronic Paperless reporting. All recorded data is stored digitally for ease or reproduction. • Efficiency. Our paperless reporting allows us to save costs which we pass directly to our clients. ECS Proposal No. 63:4229 Page � 5 ECS Southwest, LLP FULLY DIGITIZED CMT REPORTING AND DISTRIBUTION Since 2001, ECS field technicians have been utilizing our proprietary Field Report and Electronic Distribution (FRED) system. This completely digital method of construction material testing information allows for a quick, efficient and accurate reporting process. O � �c� )}� --� ►% field technicians write repprts reports are on-site using a hand-held transmitted to electronic de�ice the office WHAT THIS MEANS FOR OUR CLIENTS projeci manager / tlient receives report principa! engineer review via emaii, witi�in and apprave reports hours of completion With FRED, finalized reports are typically delivered in one to two business days from when the work was performed. The reports are written on-site, resulting in more precise data and observations. With the information gathered, everyday construction problems in the field can be resolved quickly by the project engineer, saving the client time and money. Our paperless reporting system can be efficiently forwarded to all parties involved. AUTHORIZATION If the scope of work as outlined in this proposal and the attached Terms and Conditions of Service are acceptable to you, please sign the attached Proposal Acceptance Form as our client and return one copy of the Proposal Acceptance Form to ECS. Please note that the attached Terms and Conditions of Service are incorporated herein by reference and are an integral part of this agreement between us. By signing the Proposal Acceptance Form or by referencing this proposal in other documents intended to authorize ECS to proceed with the scope of services described, you are also accepting the Terms and Conditions of Service and making this proposal the agreement between ECS and our Client. Fully completing and signing the attached Proposal Acceptance Form as our client will provide formal authorization for ECS to enter the site and perform the above work, as well as provide proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. Please note we have provided a place for you to enter invoicing instructions and report distribution. Attachments Appendix I— Scope of Services Appendix II — Fee Schedule Appendix III — Estimated Fees Appendix IV — Proposal Acceptance Form ECS Southwest, LLP Terms and Conditions of Service ECS Proposal No. 63:4229 Page � 6 ECS Southwest, LLP APPENDIX I- SCOPE OF SERVICES e 1. Test and report concrete for compliance with the provisions of ACI, local building codes, generally accepted construction practices, and specific project requirements. 2. Observe placement of reinforcing steel and accessories to document conditions and installation for general compliance with the project drawings and specifications. 3. Observe placement of concrete and document procedures with regard to forming, vibration, and curing. 4. Sample concrete at the frequency stated in the project specifications and perform the following tests and functions: a. Confirm mix design b. Slump c. Unit Weight d. Air Content e. Temperature f. Batch-to-placement time g. Cast test cylinders 5. Sampling, testing, and curing of specimens in the field shall be performed in accordance with applicable ASTM guidelines and project requirements. Additional tests shall be performed as needed in the event deficiencies are encountered. Compliance with extreme weather procedures will also be documented. 6. Curing and testing of concrete cylinders in the laboratory shall be performed in accordance with applicable ASTM guidelines and project requirements. Four-inch by eight-inch cylinders size is proposed. 7. Provide documentation of events in the field and notify the appropriate persons upon recognition of deficiencies. B. Reinf ; Steel 1. Observe reinforcing steel (rebar, welded wire) placement for cast in place and site cast concrete components as well as masonry components to document conditions and installation for general compliance with the project drawings and specifications. 2. Provide documentation of events in the field and notify the appropriate persons upon recognition of deficiencies. ECS Proposal No. 63:4229 Page � 7 ECS Southwest, LLP APPENDIX II - FEE SCHEDULE Engineering Technician (Concrete) Senior Field Technician Structural Steel Inspector, CWI Compressive Strength, Concrete Cylinders Concrete Cylinder Pickup Trip Charge 1. 2. 3. 4. 5. 6. _._. ���---- 1. Project Management (10% of total Project Cost) S $ $ $ $ $ 58.00/hour 66.00/hour 95.00/hour 23.00/each 184.00/pickup 53.00/tri p $ 180.50/I u m p sum ECS Proposal No. 63:4229 Page � 8 ECS Southwest, LLP APPENDIX III - ESTIMATED FEES CONSTRUCTION MATERIALS TESTING FIELD/LABORATORY SERVICES Quantity Rate Units Fee Engineering Technician (Concrete) 8 hours $58.00 / hour $ 464.00 Senior Field Technician 8 hours $66.00 / hour $ 528.00 Structural Steel Inspector, CWI 0 hours � $95.00 / hour $ 0.00 Compressive Strength, Concrete Cylinders 10 $23.00 / each $ 230.00 Concrete Cylinder Pickup 1 pickup $184.00 / pickup $ 184.00 Trip Charge 4 trips $53.00 / trip $ 212.00 Field/Laboratory Services Subtotal: $ 1,618.00 ENGINEERING/MANAGEMENT Quantity Rate Units Fee Project Management (10% of total Project Cost) 1 $180.50 / lump sum $ 180.50 Engineering/Management Subtotal: $ 180.50 ESTIMATED TOTAL FEES: $ 1,798.50 ECS Proposal No. 63:4229 Page � 9 ECS Southwest, LLP APPENDIX I\' - P ECS Southwest, LLP Project Name: Amon Carter Stair Replacement ECS Proposal: 63:4229 Location: Fort Worth, Texas 76107 PTANCE FORM Please complete and return this Proposal Acceptance Form to ECS as shown at the bottom of this form. By signing and returning this form, you are providing us with authorization to proceed, providing us permission to enter the site, and making this proposal the agreement between us. Your signature also indicates that you have read this document and the terms and conditions of service in its entirety and agree to pay for these services as above set forth. Should any changes to the proposal be necessary, the change shall be mutually accepted with an ECS countersignature. CLIENTAND BILLING INFORMATION Client Company/Entity Name: Address: Address: City, State, Zip: Contact Person: Telephone No.: Email Address: Invoiced Addressee Report Addressee If you require copies to others or invoice approval different than above, please check ✓ box for invoice and/or reports and provide their contact names, company, e-mail addresses and phone numbers below. v � u 0 � a � � Contact Name ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Special Instructions: Client Signature: X Company Print Client Name: Please return signed authorization to Alberto Frias Jr at afrias@ecslimited.com. Email Address Phone Number Date: ECS Proposal No. 63:4229 Page � 10