HomeMy WebLinkAboutContract 45412 iii..
CONTRACT MRETMY
, .
V
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
phis AGREEMENT is between the City of f=ort Worth, a texas home-rule
municipality (the "CITY"), and CMJ Engineering Inc., authorized t do business in Texas
(the "ENGINEER"), for a PROJECT generally described as.- Cost Estimate Construction
Mat rials Testing Services for WRAC Multi-Purpose Pavilion in Fort Worth.
Article I
Scope of Services
A. Scope of Services is set forth in Attachment A.
,article 1
Compensation
A. The ENG� INNER"S compensation (not-to-exceed $45,000.00) set forth in
Attachment A.
Article 111
Terris of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient dent documentation,
including but not limited to meeting the requirements, set forth in Attachment
A to this AGREEMENT, to, reasonably substantiate this invoices.
(2) The ENGINEER will issue monthly invoices for all work performed.
under this AGREEMENT. Invoices are due and payable within 30 days of
rcei ,t.
M
4 j Upon completion of services enumerated in Article 1, the final
payment, of any balance will be due within 30 days of r c i t of the final
invoice.
C> (4) In the event of a disputed or contested billing, only that pod-ion, s
uteri u b
contested will be withheld from payment, and the undisputed portion �Ilil
paid. The CITY "III exercise reasonableness In contesting any bill or portion
thereof. No interest will accrue on any contested porn E]TAR OFFICIAL RECORD
CITY SECRETARY
REC
ORD
jR,FTO WORTH,TX Construe ti rn Materials Testing Services for 1,�+'RMC l"tlluult-P'uurpose Pavilion(February 20114} a�M , '
CMJ Engineering, Inc.
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So
mutu,al'ly resolved.
(5) If the CITY fails to make payment in full to ENGINEER for b,illinigs
contested in good faith within 60 days of the an ouint due, 'the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to C,I,TY fir delays or damages, caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment B,.
A. General
The ENGINEER will serve as the CITY'S: pr fess,ional engineen I ng
representative under this Agreement, providing professional engineen,ng
cons,uiltation, and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER'S services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to, the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engi,neer I i,ng
work to be performed hereunder. The ENGINEER shall also advise
the CITY concerning, the results of same. Such Surveys, tests, and
investigations shall be furnished by the CITY, unless otherwise
specified in Attachment A.
(2) In soils, foundation, groundwater,1 and other subsurface investigations,
the actual characteristics may vary significantly between successive
test points and sample intervals, and at locations other than where
observations,, exploration, and investigations, have been made.
Because of the inherent uncertainties, in subsurface evaluations,1
changed or unanticipated u,nderg,round conditions may occur that
could affect the total PROJECT cost and/or execution. These
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C Engineering, Inc.
to re�ly upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opl"nions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide oplinions of probable costs based on the
I
current available information at the, time of preparation, in accordance
with Attachment A.
(2) In providing opinions of cost, financial analyses,, economic, feasiblility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation,
or maintenance costs; competitive bidding procedures and, market
conditions- time or quality of performance by third partie& qluality, type,
management, or d'irection of operating personnel; and other economic
and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, the ENGINEER makes no
warranty that the CITY S actual PROJECT costs,, 'financial aspects,
economic feasibility, or schedules will not vary from the ENGIN ER'S
opinions, analyses, projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
prolgress payments to the construction contractor will be based on the
ENGINEER'S knowledge, information, and' belief from, selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detained examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents, that the -final work will be acceptable in alil respects- that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be plaid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others; and may not always represent
the exact location, type of various components,, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
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CM,I Engineering, Inc,
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any errors or omissions in, the information from others that is incorporated
into the record drawings.
1. Small Business Enterprise (S BE) Participation
This paragraph i's not applicable for this Agreement.
J. Right to Auldilt
(1) ENGINEER agrees that the CITY shall, until the ex p I iration of five (5)
years after final payment under this contract, have access to and, the right to
examline and photocopy any directly pertinent b ks, documents, papers
and records of the ENGINEER involving transactions relating to this
con-tract. ENGINEER agrees that the CITY shall have, access during normal
w rking hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits,.
(2) ENGINEER further a.grees, to include in all its subcontractor
agreements hereunder a provision to the effect that the subcontractor
Agrees that the CITY shall, until the expiration of five (5), years after final:
payment under the subcontract, have access to and the right to examine
and photocopy any dlirectly pertinent books, documents, papers, and records
of such subcontractor, involving transactions to the subcontract, and further,
that the CITY shall have access, during normal working, hours, to all
subcontractor facilities, and shall be provided adequate and appropriate
work space I in order to conduct audits in compliance with the provisions of
this article together with subsection (3) hereof. CITY shall give subcontractor
reasonable advance notice of intended audits.
(3) ENGINEER and subcontractor agree to photocopy such
documents as may be requested by the CITY. The CITY agrees to
reimburse ENGINEER for the cost of copies, at the rate published in the
Texas, Administrative Code in effect as of the time copying is performed.
K. Insurance
(1) ENGINEER'S INSURANCE
a. Commercial General, Liability — the ENGINEER shall maintain commercial
general liability (CGL), and, if' necessary, commercial umbrella insurance
with a limit of not less than $1 000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall ap,p,ly separately to this
PROJECT or locationi.,
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CMJ Engineering, Inc.
The CITY'' shall, be included as an insured under the CGL, using,
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial, um,brella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or pelf-inisurance programs afforded to the
CITY. The Commercial General: Liability insurance polio y shall
have no exclusions, by endorsements that would alter, or nullif
"; y:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing, injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii, ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial, general
liability oir commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto - the ENGINEER shall maintain business auto, liability
0.
and, if necessary, con,imerciial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shlaill cover including owned, hired, and non-owned liabilli:ty arising out, of any auto",
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles) coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers,, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
comm,erci'ial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage,
c. Workers' Compensation - ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $:500,000.00 policy limit.
i. ENGINEER waives all rights, against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
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di. Professional Liability — the ENGINEER shall maintain professional
liability, a claim s�-maide plo�licy, with a minimum of $1,000,,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract, or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a, period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be sub fitted to the
CITY for each year following completion of'the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
I
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applica,bl,e po:licies, shall be endorsed to name the CITY an Additional
as its interests may appear. The term CITY shial:l
Insured thereon, I
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
e% ' ,ee poilicies
specified in this agreement are provi,d d under applicabl
documented thereon.,
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. Aten days notice shall be,
acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto ENGINEER'S, insurance policies. Notice shall be sent to
the respective Department Director (by name), City of Fort Worth, 1000
Throckmorton,, Fort Worth, Texas 761102.
f. Insurers for all policies must be authorized to do business in the State of
I
Texas and have a minimum rating o;f' A.V or, greater, in the current A.M.
Best Key Rating Guide or have reasonably egquivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.,00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained througih insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
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CMJI Engineering, Inc.
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h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER'S insurance policies including
endorsements thereto and, at the CITY'S discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on, a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on, an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
finial payments.
1. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Subcontractors to/of the ENGINEER shall be required by the ENGINEER
to maintain the same or reasonably equivalent insurance coverage as
required for the ENGINEER. When sub subcontractors maintain
insurance coverage, ENGINEER shall provide CITY with documentation
thereof on a certificate of ins ranee.
L. Independent Engi*neer
The ENGINEER agrees to perform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has: made full
disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interest, direct or indirect,
in property bu
a �tt,ing the proposed PROJECT and business relationships
with abutting, property cities. The ENGINEER further acknowledges, that it
will make disclosure in writing of any conflicts of interest that develop
subsequent to the sigining of this con-tract and prior to final payment under
the contract.
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N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form, are encountered or
suspected, the ENGINEER will stop its own, work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER, to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
0. Permitting Authoi l"ties -, Design Changes
If permitting, authorities require re d,es,ign changes so, as to comply with
published design criteria, and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans, and
specifications, as required,,, at its own cost and expense. However, if design
changes are required due to the changes In the permifting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
Pi. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment A to this AGREEMENT.
Article V
Obligl at-ii ons, of the City
Amendments to Article V, if any, are included in Attachment B.
A. C'Ity-F u,rn*1 shied Data
ENGINEER ay rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER'S performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
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other clompone�nts of -the CITY'S facilities as may be required in connection
with the ENGINEER'S services. The CITY will be responsible for al�l acts, of
the CITY'S personnel.
IC. Advertisements, Permits, and Access,
Unless otherwise agreed to in the Scope of Services, -the CITY will obtain,
arrange,, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER'S services or PROJECT'
construction.
D. Timely Review
The CITY will examine the ENGINEER'S studies,, reports,1 sketches,,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, audi'tor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of a�ny development that affects the scope or
timing of the ENG:I,NEER'S services or of any defect in the work of the
ENGINEER or construction contractors.,
F Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at
CITY'S facilities that may contain hazardous materials, including asbestos
containing!, materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damn age or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the
discharge, release or escape of hazardous substances, contaminants, or
asbestos is a result of ENGINEER'S negligence or if ENGINEER brings
such hazardous substancey con,tam,ina,nt or asbestos onto the project.
G. Contractor Indemnification and Claims,
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C,MJ Engineering�, Inc.
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENS lINEER'S Personnel, at C n�structi nl Slite, and
provisions pirolvid�ing contractor, indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries,
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and eqluipment or materials sub pilia ersi-
IS
"Contractors, subcontractors and equiipment and material:
suppliers on the PROJECT, of their sureties, shall maintain
no direct action against the ENCSI NEERI its officers,
employees, and subcontractors, for any claim arising out of
in connection with, or resulting from the engineering
services performed. Onily the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than
the CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with ally other
entity or person regarding the PROJECT a provision that such entity or
person shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section .H. . hall be construed as a waiver
of any right the CITY has to bring a claim against ENGINEER.
1.
City's Insurance
(1) The CITE' may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builder, Risk/Installation, insurance is
maintained at the rep:lacement cost value of the PROJECT. The CI TY may
provide ENGINEER a copy of the policy or documentation of such on a
certificate of insurance.
(3) The CITY will specify that the Builders is insurance
shall be comprehensive in coverage appropriate to the PROJECT' rill s.
J. Litigation Assistance
The, Sicoplel of Se icels, doles not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring,, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
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requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
KIM Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER'S
cost of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if an are include in Attachment B,.,
A. Authorizati"on to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project ocuu m�ents
All designs, drawings, specifications, documents, and other work products of
the EN,GII,NEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT) whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the C,ITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
G. Force MaJeure
The ENGINEER is not respons,iblle, for damages, or delay in performance
caused by acts, of Gold, strikes, lockouts, accidents, or other events, b yo,nd
the control of the ENGINEER -that prevent ENGINEER'S performance of its
obligations her under
D. Termination
(1)
This AGREEMENT may be terminated only by -the City for
convenience on 30 days' written notice. This, AGREEMENT may be
terminated by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and doles not
commence correction of such nonperformance with in 5 days of written
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notice and diligently complete the c rrection thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.), Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files,
and other data storage sup pilies or services;
c.) The time requirements, for the ENGINEER'S personnel to!
document the work underway at the, tume of the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to: proceeding with termination services, the ENGINEER
will submit to the CITY an itemized' statement of all termination expenses.
The CITY'S approval will be obtained in writing, prior to proceeding with
termination services.,
E. Suspensioni, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convennience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT"S schedule,
commitment and cost of the ENGINEER'S personnel and subcontractors,
and ENGINEER'S compensation will be made.
F. hideninification
In accordance with Texas Local Government Code Section 271.904,, the
ENGINEER shall:: indemnify, hold harmless, and defend the CITY against
liability for any damage caused by or resulting from an act of negligfence,
intentional 'tort, intellectual property infringement,, or failure to pay a
subs ontractoir or supplier committed by the ENGINEER or ENGINEER'S
agent, consiultalnt under contract, or another entity over which the
ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
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CIVIJ Engineerin�, Inc,
Limitations on liability and indemnities Ii n this AGREEMENT are business,
understandings between the parties and shall apply to all the different
theories, of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liab:il,ity, or any other cause of action except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY alinid, the ENGINEER,
and their officers, employees, agents, and subcontractors.,
I Jurisdi'ction
The law of the State, of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J., Severab iii ty and' Survival
If any of' the pirolvis,ioins, contained in this AGREEMENT are held for any
reason to be invalid I illegal�, or unenfoirceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Arl-icles V.F., VI.B.; VID., VI.,F.,,
VI.H., and VI.I. shall survive termination of th,is AGREEMENT for any cause.
K. Observe and Clomply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereundery 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. ENGINEER 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 olf't,h e violation of any such order, law,
ordinance, or regulation, whether it be by itself or its eimpili olyees,.
Arti,cle V1111
Attachments, Schedules,, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
i
AGREEMENT supersedes, all, prior written or oral and erstandiin gs, and may only be
changed by a written amendment, executed by both parties. The followings attachments
and schedules are hereby made a part of this AGREEMENT:
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AL
Attachment A- Scope of Services, Compensation, and Schedule
Attachment B -Amendments to Stand ard Agree ment for Engineering Services
'0 1 00
Executed and effective th�is the: /11-%-Clay of
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"1101 I OF FORT WORTH
ATTES T. TY OR
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By- 10
io
a J. Ka 01 ernando! Costa
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City Secrets % ssistant City Manager
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% 000000,C)o
APPROVED AS TO FORM AND LE APPROVAL RECOMMENDED.,
'i Low)
By*, By-
Black Douglas Wiers:ig, PE
Doug,
Assistant City Attorney Director, ranspoftation and
PUblic,Works Department
M&C No,,: M&Cis not �regu'ired ENGINEER,-,
0111000,01
M&C Date: N/A
By
RAarl Lee SET
OFFICIAL RECORD
OFFICIAL RECORD
C D R 7
ITY SECRETARY
"o WoRwraw*Trx
Y@....
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CMJ Engineering,Inic.
ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached CMJ Engineering, Inc. letter dated February 25, 2014, subject:
Construction Materials, Testing and Observation Proposal,, WRIVIC Mullti-Plurpose Pavilion,
Fort Worth Texas, CIVIJ Engineering, Inc. Cost Estimate No. 13-196C. If any conflict
arises between the Aftachments/Exhibits and the Agreement, the terms of the Agreement
shall control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
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CMJ Engineering, Inc.
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w�° s Estimate N,,',o v•.1
City of Fort,Wort) Transp r i oui & Pi-iblic Works
Attn: Ronald Clements
1000 T rockni rlon Street
Fort Worth, _TX '/6102
ernail" i-onaldclements@fortwoi,l,,hto.xas.gov
COSH' ESTIMATE
CONSTRUCTION MA"rERIALS TESTING SERVICES FOR
14ORT WORTH, TEXAS
Lear Ir�. Clements,
VV'e are pleased to submit this proposal for providing construction niaterials enginee3ring services,
on the above referenced project,
Sic2pe of Work
Our scope of service is based on the construction worl items requested of J1ac Durham with the
City of Dort V\/orth and our experience on simil r projiects, We propose to serge this project on a
call out, as needed basis,
Drilled Piers
Full time excavation olbservation, reinforcing steel inspection and concrete testing and inspectiuon..
Cast-In-Place Concrete
Pre-concrete placement reinforcing steel inspection. Ors-site placement inspection and testing to
include slump, terriperaturel entrained air content and molding of test cylinders, Laboratory curing
and testing clt'c °linders,.
Struct"ral Steel
Oin-site viSUal inspection and testing of field welde d and k opted connections by VVS Certified
Welding Inspector, on-site ultrasonic testing of full-penetration welds by ANSI Certified Non-
Destructive testing technician,
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Phone 1 284-9400 fi (817) 589-9993 Metro 17 589-9992
CMJ ENGINEERING. INC.
City of or Worth'[ranspoi,tatiori & Public Works Cost Esflrnate 1 .131-196C,
WRMC Multi-PurP(,)(,,e Pavilion Febftl&y 25, 2014
Fort Worth, TX
Page 2
Based upon the not-.to exc budget aMOUnt provided by Jack Durham with the City of Fort
Worth, our unit fees and estimated testing quantities totaling the Not.-to-F-xteed Budget are listed'
A i
on ffie following attachrneni,, All feOs for s(:,rvices performed which do not appear on the budge�t
attachment will be based on the city's standard fee schedule Or OUr' standard fee schedule. The
final charges are to, stay within the as, stated Not-to-E,xceed annount. No additional tests or
inspections have been included for work failing to ryieet project specifications, All charges for
laboratory services are F.O.,B. our. laboratory.
Invoices will be hr it for these services on a rnotithly basis, The will b�e due and payable
upon receipt.
C10 Opq,
CMJ Engineering, Inc, appreciates the opportunity to SUbrnit this proposal.
RespeCtfUlly,
CMJ ENGINEERNGIING.
R. Carl Lee,
Execul:ive Vice President
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Texas
Yi Tel 8 284.9400 F ax 17),
9--9993
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� y off"oW Werth r sport 'Public Works
Cast stirnate No. I3-196C
February 25, 2014
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CONSTRUCTION MATERIALS TESSITING SERVICES, FOR
VVRMC MULTI-PURPOSE PAVIL
FOR1 WORTH, TEXAS
DESCRIPTION NO m
u UNIT AMOUNT
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Pier inspgcKi9
Engineering Technician for Pier. Inspections (Min. 4 I~lar l-/TTrip) 292.5 $ 50,00 hou..tr 141626 M
Concrete Tessa Cyl'ind'ers ASTM C31 X391) 11010 16,00, each 11600.00
"chicle Trip Charge 25 $ 35.010 tii-ip $ 875,010
Estimated Total for Elarthwork Services !7)11 0 0.0 0
Concrete ulaiu c ions
Concrete Test Cylinders ASTl l C31/39) 293 $ 16,00 each 41688,00
Concrete Technician (Alin, 3 hours/trip) 266 $ 40.00 hour $ 1 ,64 .E
Concrete Technician Overtime 133 $ 57.00 each 71581.010
Vehicle Trip Charge 33 $ 35.00 trip 1,1 55..00,
Estimated Total'for Concrete Inspection S icy: 241064.
Structural Steel Observation
S ruict ur �l Steel inspection by CV"i Min, 4 hcUrs/trip) 5 $ 65,,00 hoer $ 3,380.00
Vehicle Trip Charge 13 $ 35M, trip $ 455.00
Estimated T"o 1 for S ructurr�al steel services: � 31835. +
a im ed Total for Above Testi'n and Inspection Services: $ 44,9919.00
�nY
Total Not-to-Exceed 'T'esting Midget for Project $ 45,01 0.00
Notes:
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a
1 Overtime rates of 1,5 times the regular hourly rate'will be charged for hours worked over ten 10) hours per day or hours wo(ked before .7:00 a,m.
and/or after 5*00 p,rru. Monday y th!ru rid! y, Alil late and field services performed on Saturday er Sunday, will he billed at 1.5 times the regular rate, All
services performed on recognized holidays will be kilned at 2.0 times the regular route,
All laboratory test tees are F. .r, OUr laboratory, Engineering technician minimums and vehicle trip charges will ,apply to all trips to the job-site
including sample pickups arid'specimen pickups.
. Technician time is charged portal-lo-portal from our Fort W rlh office, l
4, Additional tests not specified in this fee schedule will be quoted upon request.
5, 4"X8"concrete compression test specimens will be used unless instructed otherwise.
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