THE COUNTY OF TARRANT SECOND CONTRACT RENEWAL AND MODIFICATION

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1 THE STATE OF TEXAS THE COUNTY OF TARRANT SECOND CONTRACT RENEWAL AND MODIFICATION THIS CONTRACT RENEWAL AND MODIFICATION is made and entered into this 24th day of April, 2012, by and between the CITY OF ARLINGTON, Tarrant County, Texas, a municipal corporation, hereinafter called "CITY" and TEAM CONSULTANTS, Inc. whose address is 2970 S. Walton Walker, Suite 101, Dallas, Texas, (hereinafter referred to as CONSULTANT ). W I T N E S S E T H: WHEREAS, on April 20, 2010, City Council approved MO authorizing the execution of a Professional Services Contract (the Contract ) with TEAM CONSULTANTS, INC. for construction materials testing and geotechnical services for one year and option to renew for four additional one year periods: and WHEREAS, on April 26, 2011, City Council approved MO authorizing the first renewal of a Professional Services Contract with TEAM CONSULTANTS, INC. for construction materials testing and geotechnical services for one year: and WHEREAS, CITY desires to contract with TEAM CONSULTANTS, INC. for professional services for geotechnical laboratory testing for public projects including, without limitation, to field densities, moisture test, concrete tests, asphalt tests, various material tests and consulting services; and WHEREAS, TEAM CONSULTANTS, INC. is qualified to provide such services and is willing to undertake such services for CITY in exchange for fees hereinafter specified; WHEREAS, CITY and CONSULTANT desire to renew the Contract to allow for a one year term; NOW THEREFORE, In consideration of the foregoing, and for other good and valuable consideration, the parties agree as follows: I. The CITY and CONSULTANT agree to exercise the second renewal of the contract authorized on April 20, 2010 as referenced above and extend the contract as modified for one year. 1

2 The term of this renewal and extension will be for a period of twelve (12) months, beginning from the first day of May 2012, and ending on April 30, II. The contract is modified to change the compensation for professional service to a sum not to exceed $925,000 and a new Exhibit A which is attached hereto and incorporated by reference herein as if written word for word. Except as modified herein the terms of this renewal shall be the same as the Contract authorized on April 20, 2010 and the Contract as modified is incorporated herein as if written word for word. The terms and conditions of the Contract as modified shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in the renewal and the Contract as modified, this renewal shall govern and control. The CONTRACTOR recognizes that this Contract Renewal shall commence on the day first written above and continue in full force and effect until termination in accordance with its provisions. IN WITNESS WHEREOF, the parties hereto execute this modification. CONSULTANT: TEAM CONSULTANTS, INC. BY: William Prikryl, P.E. ATTEST: CITY OF ARLINGTON, TEXAS: MARY W. SUPINO, City Secretary BY: Keith Melton, P.E. Director of Public Works and Transportation APPROVED AS TO FORM: JAY DOEGEY, City Attorney BY: 2

3 THE STATE OF TEXAS COUNTY OF TARRANT Consultant Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, who is known to me or who was proved to me on the oath of (name of person identifying the acknowledging person) or who was proved to me through (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the, day of Notary Public In and For The State of Texas My Commission Expires: Notary's Printed Name THE STATE OF TEXAS COUNTY OF TARRANT City Acknowledgement BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Keith Melton, P.E., known to me to be a person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act of the City of Arlington, Texas, a Texas municipal corporation, and as Director of Public Works and Transportation thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the, day of Notary Public In and For The State of Texas My Commission Expires: Notary's Printed Name 3

4 TEAM CONSULTANTS, INC. SCHEDULE OF FEES EXHIBIT A SCHEDULE I EXPLORATION AND SPECIAL SERVICES PART 1 MOBILIZATION AND DEMOBILIZATION Rates listed below are for equipment, field operating personnel and field geotechnical 1001 Mobilization, personnel & equipment Quote on Request 1002 Truck mounted drill unit and personnel travel to site & return, per mile $ Hauling equipment and supplies Quote on Request 1004 Load, offload and rigging of equipment and supplies (office or work site), per hour See Sched. I, Part Support services (supplied by others) including but not limited to: transportation, cranes, barges, tugs, dozers, etc., hauling, shipping, fuel, surveying, welding and contract personnel Cost + 15% PART 2 DAILY TRANSPORTATION AND SUBSISTENCE 1020 Daily transportation to and from site Company pickup, per mile (See Item 3031) 1021 Personnel, per manhour See Sched. I, Part Per Diem, per man, per day (See Item 3033) PART 3 DRILLING, SAMPLING AND RELATED ACTIVITIES Drilling and sampling will be charged at footage rates unless an hourly rate is specified. Additional fees for geologist, geotechnician, and special supervisory personnel which may also be assigned to the project are shown in Part 4. Soil sampling; Shelby tube undisturbed samples in cohesive soils and standard penetration tests in cohesionless soils. Intermittent Sampling: (5-ft. intervals), 3-inch diameter ft. depth, per foot $ ft. depth, per foot $ ft. plus Quote on Request Fee Schedule 2010 Page 1

5 Continuous Sampling, 3-inch diameter ft. depth, per foot $ ft. plus Quote on Request 1038 Continuous sampling, other sizes and types Quote on Request Specified Samples in Auger or Wash Drilled Boring (0-50 ft.) 1042 Standard penetration test, each $ inch undisturbed sample, each $ inch undisturbed sample, each $ Pitcher or piston sampler, each $ Sample tubes, each $28.75 Machine auger borings with disturbed samples ft. depth, per foot $ ft. depth, per foot $ Borings by hand auger or wash method Quote on Request Rock Drilling 1060 Rock Drilling, no core samples (Price based on rock formation) 1061 THD Cone Penetrometer, each $37.00 Rock coring, 0-50 feet /8-inch to 2-3/4-inch, carbide bit, per foot $ inch to 4-inch carbide bit, per foot $ Diamond bits (when required) Cost + 15% 1073 Expendable supplies Cost + 15% 1074 Install and remove casing See Sched. I, Part Water level determination See Sched. I, Part Set up and/or move time, per hole See Sched. I, Part 4 Grouting of boreholes 1080 Mixing and pumping of grout See Sched. I, Part Expendable supplies Cost + 15% 1082 Crew & equipment time, access, clearing and staking boring locations, per hour See Sched. I, Part Crew & Equipment time required for permits, plant clearance, safety and client instructions See Sched. I, Part Overtime, per hour Personnel Rate x Items lost in hole Cost + 15% 1086 Equipment rental Cost + 15% Fee Schedule 2010 Page 2

6 PART 4 DRILLING EQUIPMENT AND PERSONNEL RATES Hourly rates will be charged for field operating personnel, field geotechnical personnel and equipment when footage rates are not specified. Drilling Equipment 1100 Continuous flight auger, per hour $ Rotary Wash Drilling per hour $ Marsh buggy or skid rig Quote on Request 1104 Portable barge and support equipment Cost + 15% Field Personnel 1107 Field superintendent, per hour (See Item 3006) 1108 Driller, per hour $ Helper, per hour (See Item 3011) 1110 Project supervisor, per hour (See Item 3006) 1112 Geotechnician, per hour (See Item 3007) 1113 Daily Transportation, per mile (See Item 3031) 1114 Overtime, per hour Personnel Rate x 1.25 PART 5 SPECIAL SERVICES The following rates will be charged for special services, supplies and materials required for drilling and installation of monitor wells, piezometers, tiltmeters, installation and removal of test equipment, grouting, geophysical logging and other special field operations Drilling unit and personnel, per hour See Sched. I, Part Expendable supplies and reimbursable items Cost + 15% 1124 Tiltmeter read-out equipment Quote on Request 1127 Resistivity or gamma logging equipment Quote on Request 1130 Gamma-gamma logging equipment Quote on Request 1133 Seismic and resistivity survey equipment Quote on Request 1134 Items lost in borehole Cost + 15% 1135 Lease or rental items Cost + 15% 1136 Special services subcontracted to others Cost + 15% Piezometer and Monitor Well Installation 1137 Supplies (pipe, screen, filter material, bentonite, decontamination equipment, etc.) Cost + 15% 1138 Installation and development, per hour See Sched. I, Part Decontamination, drilling equipment and crew, per hour See Sched. I, Part Registration of wells with State Cost + 15% Fee Schedule 2010 Page 3

7 PART I SOILS AND BASE MATERIALS Identification and Classification Tests 2001 Atterberg Limits, Soil, each $ Atterberg Limits, Soil w/additive, each $ Grain size analysis-mechanical & Hydrometer, each $ Grain size analysis-mechanical, each $ Material Finer than No. 200 Sieve, each $ Shrinkage Limit Test, Volumetric, each $ Shrinkage Limit Test, Bar Linear, each $ Dispersion Test, Crumb, each $ Dispersion Test, Pinhole, each $ Dispersion Test, Hydrometer, each $ ph determination, each $ Sample Preparation, per hour (See Item 3009) Physical Tests 2020 Moisture Content Determination, each $ Density and Moisture Content, each $ Specific Gravity, each $ Permeability Test, Falling Head, each $ Permeability Test, Constant Head, each $ Organic Content, each $ Electrical Resistivity, each $ ph Lime Determination (5 pts.) $ Sample Preparation, per hour (See Item 3009) 2029 Soil Conductivity, each $ Soluble Sulfates, (TEX-145-E), each $48.00 Strength and Compressibility Test TEAM CONSULTANTS, INC. SCHEDULE OF FEES SCHEDULE II LABORATORY SERVICES 2031 Unconfined Compressive Strength, Soil, each $ Unconfined Compressive Strength, Rock, each $61.00 Triaxial Test 2033 Unconsolidated-Undrained, per specimen $ Unconsolidated-Undrained, multi stage $ Consolidated-Undrained, per specimen $ Consolidated-Undrained, multi stage $ Triaxial Shear Curves, per specimen $ Triaxial Shear Curves, multi stage $ Fee Schedule 2010 Page 4

8 2039 Stress path and other curves for above tests, w/pore pressure measurements, per curve $ Pore Pressure Measurement, per specimen or per stage $ Direct Shear 2041 Consolidated-Drained, per point $ Residual strength in conjunction w/above tests - add $ Consolidation Test, each $ Consolidation Test w/hysteresis, each $ Percent Swell, each $ Brazilian Tensile, each $ Sample preparation, per hour (See Item 3009) Compaction, Control Strength and Durability Tests 2060 Relative Density, Sand, each $ Relative Density, Coarse aggregate, each $ Moisture Density Relationship (natural soils and field stabilized materials) inch mold, each $ inch mold, each $ Additional Charge for each Requested Burn-Off Proctor $60.00 (Standard Rate Plus) 2066 Compaction ratio (THD), each $ Bearing ratio test (CBR), per point $ Triaxial Test 2070 THD series, including moisture density, 6'x8" specimen $ THD series, stabilized soil, including moisture density, 6"x 8" specimen $ Compressive Strength Tests, per specimen $ Freeze-Thaw test, per specimen $ Wet-Dry Test, per specimen $ Sample Preparation, per specimen $ Sampling and Sample Preparation, special processing, per hour (See Item 3009) Field Compaction Inspection and Tests The fees for field compaction testing and observation are billable at the following rates or in accordance with Schedule III, Engineering and Personnel Services, whichever is applicable Subgrade stabilization gradation tests, per test 1 to 6 $14.25 plus technician time (See Item 3009) 7+ $ In-place, density, per test 1 to 6 $30.50 plus technician time (See Item 3009) 7 to 20 $ $ In-place, Sand Cone Lab Portion, per test 1 to 6 $30.50 plus technician time (See Item 3009) 7 to 20 $ $ Continuous Field Density Testing w/ nuclear density gauge, per hour Quote on Request 2102 Technician, per hour (See Item 3009) Fee Schedule 2010 Page 5

9 Aggregate Tests 2110 Sieve Analysis, each $51.00 Additional Charge for each Requested Burn-Off Decantation/ $60.00 Gradation, Standard Rate Plus 2111 Specific Gravity, each $ Material Finer than No. 200 Sieve (decantation), each $ Unit Weight Determination, each $ Los Angeles Abrasion, each $ Sulfate Soundness (5 cycles), each $ Sand Equivalent, each $ TXDOT Wet Ball, each $ Sampling Aggregate, and Sample Preparation, per hour (See Item 3009) 2120 Organic Impurities, each $ Flakiness Index, each $ Deleterious Materials, each $ Crushed Face Count, each $31.00 PART 2 PORTLAND CONCRETE AND RELATED SERVICES Concrete Cylinder and Beam Tests 2129 Compressive Strength (2"x2" cubes, mortar), each $ Concrete compression test (cylinders), each $ "Hold" Cylinders, processed but not tested, each $ Preparation for testing (diamond sawing of cylinder ends), per end $ Flexural Strength Test (beams), each $26.75 Additional Charge for Services after 6:00 pm Compressive/Flexural Strengths Standard Rate x 1.25 Plus Technician Time 2134 Technician, per hour (See Item 3009) Concrete Mix Designs Mix designs usually include evaluations to determine proportions of cement, aggregate and water to attain the required strengths and workability and are charged in accordance with per test rates Proportioning Concrete Mix Designs, each $ Concrete Compression Test (confirmatory cylinders), each $ Flexural Strength Test (confirmatory beams), each $ Proportioning Concrete Mix Designs, per hour (See Item 3009) 2144 Review of concrete mix design furnished by others, each $ Special Mix Designs Quote on Request 2146 Making Cylinders (Minimum 2.0 hours/trip) See Personnel Rate Fee Schedule 2010 Page 6

10 Concrete Mix Observation Concrete mix observation services are dependent on the type of project. The types of services usually provided are defined briefly as follows: 2150 Batch Plant Observation, per hour (See Item 3008) 2151 Concrete Observation, per hour (See Item 3009) 2152 Initial concrete mix observation at batch plant followed by continuous observation at point of deposit (See Item 3009) All concrete mix observation services will be billable at appropriate personnel rates unless other-wise specified prior to commencing the assignment. PART 3 BITUMINOUS CONCRETE Asphaltic Concrete Mixes Mix designs usually include evaluations to determine proportions of asphalt and aggregate to obtain required strength and grading. Additional tests of aggregate and asphalt to determine their basic properties and suit-ability are charged separately. Services for mix designs are billable in accordance with the following rates Mixing asphaltic concrete, per specimen, 3 required $ Molding specimen, per specimen, 3 required $ Asphalt density or percent voids, per specimen, 3 required $ Marshall Stability, per specimen, 3 required $ Hveem Stability, per specimen, 3 required $ Swell value, each $ Flow value, each $ Cohesiometer test, per each $ Extraction (percent of bitumen and aggregate gradation), each $ Mix Design with minimum of 5 asphalt percentages using 3/aggregates Hveem or Marshall method $ Special mix design and sampling of aggregate, per hour (See Item 3009) 2186 Liquid Asphalt Tests Quote on Request 2189 Maximum Theoretical Specific Gravity, TEX 227-F, each $ Index of Retained Strength (ASTM D 1075) $ Stripping Test (TEX 530-C), Field Mixed), per mix $ Stripping Test (TEX 531-C) Field mixed and molded, per mix* $ Stripping Test (TEX 531-C) Mixed in laboratory, per each % anti-strip $ * Plus Technician Time in Field Asphaltic Concrete Mix Observation Asphaltic mix observation services are dependent on the type of project. The types of services usually provided are defined briefly as follows: 2194 Asphalt plant observation, per hour (See Item 3008) 2195 Asphalt field observation, per hour (See Item 3009) Fee Schedule 2010 Page 7

11 2196 Technician, per hour (See Item 3009) 2197 Asphalt plant observation, per ton Quote on Request 2198 Continuous Field Density Testing w/ nuclear density gauge, per hour Quote on Request 2199 Indirect Tensile Strength (TEX 226-F), each field mixed $ Indirect Tensile Strength (TEX 226-F), each mixed in laboratory per each % anti-strip $ Hamburg Wheel Tracking Test (TEX 242-F), each Cost + 15% 2202 Ignition Oven Burn Off (TEX 236-F), each $ (% of bitumen and aggregate gradation) 2203 Flat and Elongated (TEX 280-F), each $43.50 Laboratory tests performed off site are billable in accordance with appropriate test rates. PART 4 OTHER SERVICES Equipment Rental and Services by Others 2212 ph Meter, per day $ Conductivity Meter, per day $ Turbidity Meter, per day $ Other testing equipment (pumps, generators, etc.) Charge based on equipment used 2217 Special services, lease/rental and tests by others Cost + 15% Coring Services The fees for coring concrete, stabilized base and asphaltic concrete are billable in accordance with the following schedule inch core (vertical), per inch depth, plus Tech. Time and Asst. Tech. ( See Items 3009 and 3011) $ inch core (vertical), per inch depth, plus Tech. Time and Asst. Tech. ( See Items 3009 and 3011) $ inch core (vertical), per inch depth, plus Tech. Time and Asst. Tech. ( See Items 3009 and 3011) $ Other sizes and horizontal Quote on Request 2225 Minimum report charge $ Compressive strength test, concrete cores, each $ Preparation of cores, sawing ends, per end $ Mobilization/demobilization -Transportation Quote based on and expense charges for out of town sites project location 2229 Plugging holes, material cost Cost + 15% 2230 Plugging holes, materials Lump Sum Fee Schedule 2010 Page 8

12 TEAM CONSULTANTS, INC. SCHEDULE OF FEES SCHEDULE III ENGINEERING AND PERSONNEL SERVICES The fees for engineering, design and observation services are charged in accordance with the following schedule. PART 1 DESIGN AND FIELD INSPECTION 3001 Principal, per hour $ Senior Project Engineer, Geologist or Consultant, per hour $ Project Engineer, Geologist or Consultant, per hour $ Senior Geotechnical Engineer, Geologist or Consultant, per hour $ Geotechnical Engineer, Geologist, Technical Services Director, or Consultant, per hour $ Junior Engineer, Junior Geologist, Project Supervisor, per hour $ Geotechnician $ Senior Technician, per hour $ Technician, per hour $ Assistant Technician, per hour $ Draftsman, per hour $ Typing, per hour $ Equipment rental or Reimbursable items Cost + 15% 3015 Subsistence Cost + 15% 3016 Computer Usage, Surcharge, per hour $ Commercial transportation Cost + 15% 3018 Long distance communication Cost + 15% 3019 Printing and other materials Cost + 15% 3020 Report preparation Lump Sum 3021 Special consultants and other services Cost + 15% 3022 Overtime, per hour Personnel rate x Surcharge, night sampling, per hour $ Beam/Cylinder Pickup, per hour plus mileage or trip charge $ Resident Inspection Quote on Request 3031 Transportation charge, per mile $ Trip charge (local) $ Per Diem charge, per man $ PART 2 REPORTS 3100 Normal Turn Around Time (7-Business Days) (1 original and 2 hard copies of report via U.S. Mail) N/C 3101 Additional Hard Copies of Reports via U.S. Mail, each $15.50 Fee Schedule 2010 Page 9

13 3102 Original Hard Copies of Reports with Rapid Turn Around (Next Day Via U.S. Mail/Courier), each $ Original Hard Copies of Report with Rapid Turn Around ( Same Day Via U.S. Mail/Courier), each $ Additional ed Reports, per each address $5.00 Note: 1. Note: 2. Note: 3. Hourly rates are portal to portal. Overtime and charges for work on Saturday, Sunday, holidays and hours of darkness will be made at 1.25 times unit rates listed above. Night shift work minimum of 8 hours per shift Cancellation of night shift work minimum of 4 hours per shift Fee Schedule 2010 Page 10