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HomeMy WebLinkAboutContract 41325SIAN,I ARD AC R E CITY ®F = *R1 IN RIM, T F c:ITY S€ECRETA 01 OCAS CONTRACT NO. R ENGINEERING RELATED ff,SIGN SERVICES This AGREHM NT is between the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and CMJ Engineering, Inc. (the "FNG I NI= H R"), for a PROJ FC T generally described as: construction materialstesting services for the bast MultiQurpose Facility at the Will Rogers Memorial Center (the "PROJECT"). Article SG.pe of Services A. Scope of Services is set forth in Attachment A. Article II Compensation A. The I .NGINEI_R'S compensation ($120,068.00) is set forth in Attachment A. Article III Terms of Payment Paymcsntc to them PN1fIMEER Inc made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AG REI=MENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or OFFICt L-RECORD CITY S 'PETARY CMJ Engineering, Inc. (WRMC East Multi4Durpose Facility), Dec 2010 Page 1 of 18 portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount 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 CITY for 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 C. A. General The ENGINEER will serve as the CITY'S professional engineering representative under this Agreement, providing professional engineering consultation 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 engineering 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, 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, changed or unanticipated underground conditions may CMJ Engineering, Inc. (WRMC East Multi Purpose Facility), Dec 2010 Page 2 of 18 occur that could affect the total PROJECT cost These conditions .and cost/execution e of the ENGINEER. ffects are and/or execution. not the responsibility D. Preparation of Engineering Drawings w►ngs The ENGINEER will provide to the CITY the original drawings of otherwise Mylar sheets and electronic files in .pdf all plans s CITY isapproved by CITY, which shall become the may use such drawings in anyp format, or as that the ENGINEER shall not be liableforanner it desires pproperty of the CITY project other than the P the use of such drawings raw n however, any PROJECT described herein. E Engineer's p g for any Personnel at Construction Site (1) The presence construction or duties of the make the site, whether as on -site representatives or�S ENGINEER or itspersonnel at a duties that belongpersonnel in anyotherwise, do not other entities to the .CITY and/or the way responsible for entity ' and do not relieve Cructi construction contractors those of their obligations the construction contractors or limited to, all construction, duties, and responsibilities, including, other construction necessary for coordinatinmeans, techniques, g, but not work in g and completing sequences, and health orconstruction accordance with the mpleting all portions of theany safety precautions re Contract Documents and and its required by such construction work. any ENGINEER and contractor or other entityer onnel have no authority to exercise any The with their workany or their employees or health or safety c control over precautions. p Yees in connection (2) Except to the e forth in Attachment extent of specific site visits expressly obligation responsibility thetvisit t p Y detailed and set ENGINEER or its obwitligation the g he constructionesitetoel shall have no progress or quality of the co to determine, in general, if the work on the feted work on the PROJECT become familiarmiliar accordance anne indicating hithe that at the PROJECT is being or in PROJECT, when performed in a ccnorw the Contract Documents completed, in will be gentsagreement. between CITY r shall anything the Contract as requiring ENGINEER to and ENGINEER be cons asinspectionsqri to cover latent defectsexhaustivetrued quality or in the or continuous on -site quantity of the work on the PROJECT. or otherwise check the on -site observations ROJEC7. kes ENGINEER shag inform the CITY. deviation from If the ENGINEER the Contract Documents, a the (3) When professional certification materials, systems ore of performance or characteristics services set yforthste sn the euipment is reasonably re tics of Scope of Services, the ENGINEER hato pbe°em, the entitled CMJ Engineering, Inc, (WRMC East Multi -Purpose Faci:i Page 3 of 18 tY). Dec 2010 to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility 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 parties; quality, type, management, or direction 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 ENGINEER'S opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress 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 detailed 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 all 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 paid. 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 any errors or omissions in the information from others that is CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page4of18 incorporated into the record drawings. Minority and Woman Business Enterprise (M/WBE) Participation In accord with City of Fort Worth Ordinance No. 133500, the City has goals for the participation of minority business enterprises and woman business enterprises in City contracts. Engineer acknowledges the M/WBE goal established for this contract is 15% and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not Tess than three (3). years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working 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 agrees 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 directly 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, 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. CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page5of18 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 apply separately to this PROJECT or location. i. 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 umbrella, if any This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: 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 or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto - the ENGINEER shall maintain business auto liability and, if necessary, commercialumbrella liability insurance with a limit of not less than $1 000,000 each accident. Such insurance shall cover liability arising out of 'any auto', including owned, hired, and non -owned 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 commercial 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, CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 6 of 18 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. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims -made policy, 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 submitted 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 required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its ,nterests may appear. The +erm CITY shal include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies 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. A ten (10) 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 76102. CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 7 of 18 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent 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 through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. 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.1 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 final payments. I. 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 insurance. L. Independent Engineer The ENGINEER agrees to perform all services as an independent ENGINEER and not as a subcontractor, agent, or employee of the CITY. CMJ Engineering, Inc. (WRMC East Multi Purpose Facility),.Dec 2010 Page 8of18 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 abutting 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 signing of this contract and prior to final payment under the contract. 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. O. Permitting Authorities - Design Changes If permitting authorities require design 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 permitting 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. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment A to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment B CMJ Engineering, Inc. (WRMC East Multi Purpose Facility), Dec 2010 Page 9 of 18 City -Furnished Data ENGINEER may 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 other components of the CITY'S facilities as may be required in connection with the ENGINEER'S services. The CITY will be responsible for all acts of the CITY'S personnel. C. 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, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, aud'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 any development that affects the scope or timing of the ENGINEER'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 CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 10 of 18 parties or employees of City, City hereby releases ENGINEER from any damage 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 substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV E regarding the ENGINEER'S Personnel at Construction Site, and provisions providing 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 equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only 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 any 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 V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER I. CITY'S Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 11 of 18 certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does 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 requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. 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 any, are included in Attachment B A. Authorization 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 Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, 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 CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. CMJ Engineering, Inc. (WRMC East Multi Purpose Facility), Dec 2010 Page 12 of 18 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. 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 does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction 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 supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long t me storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITYS approval will be obtained in writing pnor to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience 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. Indemnification In accordance with Texas Local Government Code Section 271.904, the CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 13 of 18 ENGINEER 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 ENGINEER or ENGINEER'S agent, consultant 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 Limitations on liability and indemnities in this AGREEMENT are business u nderstandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including n egligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole n egligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction 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. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid illegal, or unenforceable 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. Articles V.F., VI B , VI.D , VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply 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 andthe 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 CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 14of18 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 of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior wntten or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services, Compensation, Schedule Attachment B - Amendments to Standard Agreement for Engineering Services (Remainder of This Page is Intentionally Left Blank] CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 15 of 18 I_.xecuted this the p . day of ATTEST: CITY OF FORT WORTH: Fernando Costa Assistant City Manager RLCOMMLNDL,D: etefiara William A. Verkest, PL, Director Transportation & Public Works Department APPROVED AS TO FORM AND LEGALITY: fl Doug': _ + . Black Assist, nt city Aftnrnny ATTEST: Marty Hendrix City Secretary Date \\ of\ 2.1)‘,1 M&C C-24664 (December 14, 2010) CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 16 of 18 20 LNGINEER CMJ Engineering Inc. R. {.marl Lee, S.E.T. Executive Vice President a 0 yi`414z1/4 ,qr tnodadn Qo 0.0.00,_ 44.,„ rex pi.Ateece tottain.aunfracepo OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE Refer to the attached CMJ Engineering, Inc. letter dated October 19, 2010 (Revised October 27, 2010), subject: Unit Fee Proposal, Construction Materials Testing Services for East MultiPurpose Facility at Will Rogers Memorial Center, Fort Worth, Texas. If any conflict arises between the Attachments/Exhibits and Agreement, the terms of the Agreement shall control. • CMJ Engineering, Inc. (WRMC East Multi -Purpose Facility), Dec 2010 Page 17 of 18 ENGINEERING, INC. City of Fort Worth Attn: Mr. Jack Durham 401 West 13th Street Fort Worth TX 76102 M t 1601" CIA„ 7636 Pebble Drive Fort Worth, Texas 76118 www.cmjengr.com Proposal No.: 10-266C (revised) October 19, 2010 Revised: October 27, 2010 UNIT FEE PROPOSAL CONSTRUCTION MATERIALS TESTING SERVICES FOR EAST MULTIPURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS Dear Mr. Durham, We are pleased to submit this proposal for providing construction materials engineering services on the above referenced project. Reference our letter dated October 19 2010 on this project. The total estimated fee is $120,068.00 as addressed in the referenced letter. Scope of Work Our scope of service is based on our review of project plans and specifications. We propose to service this project on a call out, as -needed basis Earthwork Laboratory testing of existing subgrade, fill, backfill, select fill and stabilized pavement subgrade materials; in -place moisture/density testing of same In -place sieve analysis of stabilized pavement subgrade. Drilled Piers Full time excavation inspection, reinforcing steel inspection, and concrete testing and inspection. Cast -In -Place Concrete Pre -concrete placement reinforcing steel inspection. On -site placement inspection and testing to include slump, temperature, entrained air content, and the molding of test cylinders. Laboratory curing and testing of cylinders. Masonry On -site visual observation of masonry construction to also included mortar and grout proportion verification, sampling of masonry mortar and grout, molding of mortar test cubes and grout prisms, and laboratory curing and testing of specimens. Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 CMJ ENGINEERING, INC. City of Fort Worth East Multipurpose Facility at Will Rogers Memorial Center Fort Worth TX Page 2 Proposal No. 10-266C (revised) October 19, 2010 Revised: October 27, 2010 Structural Steel Observation On -site visual inspection and testing of field welded and bolted connections by AWS Certified Welding Inspector, on -site ultrasonic testing of full penetration welds by ANSI Certified Non - Destructive testing technician M/WBE Participation CMJ proposes to use LML Engineering, Inc. for the M/WBE participation. LML is registered as a DBE under the North Central Texas Regional Certification Agency (NCTRCA). LML will perform drilled pier inspection and cast -in -place concrete inspection for a proposed minimum dollar amount of $18,000.00 Project Budget Based upon our understanding of the project specifications, our unit fees for this project will be as stated on the unit fee attachment. The total estimated fee is $120,068.00. All fees for services performed which do not appear on the budget attachment will be based on our standard fee schedule The final charges will be a function of the total services performed No additional tests or inspections have been included for work failing to meet project specifications. All charges for laboratory services are F.O.B. our laboratory. The prices provided for the scope of work will remain valid for forty-five (45) days from the date on this cost estimate. Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. Closing CMJ Engineering, Inc. appreciates the opportunity to submit this cost estimate. We invite you to review our scope of work, experience and fees. We will call you in a few days to answer your questions and to discuss any aspect of our cost estimate with you. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMJ ENGINEERING, INC. R. Carl Lee, S E T Executive Vice President avis CMT Supervisor / Senior Estimator C J ENGINEERING, INC. 7636 Pebble Drive Fort Worth, Texas 76118 Tel: (817) 284-9400 Fax (817) 589-9993 City of Fort Worth Cost Estimate No. 10-266C (revised) October 19 2010 Revised: October 27, 2010 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR EAST MULTI -PURPOSE FACILITY WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Earthwork Moisture/Density Relations (ASTM D698) 8 Liquid & Plastic Limit (ASTM D4318-B) 8 Earthwork Inspection and Testing & Equipment Fees Including all 577 In -Place Moisture/Density Testing by ASTM D6938 (Min. 3 hours/trip) Project Management 6 Vehicle Trip Charge 185 Estimated Total for Earthwork Services: Pier Inspection Concrete Test Cylinders (ASTM C31/39 4/set) Engineering Technician (Min. 3 hours/trip) Project Management Senior Geotechnical Engineer Cylinder Pick Up Cylinder Pick Up O.T. Vehicle Trip Charge Estimated Total for Pier Inspection Services: Concrete Concrete Test Cylinders (ASTM C31/39 4/set) Engineering Technician (Min. 3 hours/trip) Reinforcing Steel Inspection without Testing Cylinder Pick Up Vehicle Trip Charge Estimated Total for Concrete Services: Masonry Testing Masonry Grout Prisms (ASTM C1019 - 3/set) Masonry Mortar Cubes (ASTM C109/C270 - 3/set) Engineering Technician for Masonry Construction Observation Specimen Pick Up Vehicle Trip Charge Estimated Total for Masonry Services: 76 247 3 3 1 3 24 600 420 30 97 200 60 120 260 40 80 $ 140.00 each $ 45.00 each $ 59.50 hour $ 70.00 hour $ 20.00 trip $ 15.00 $ 49.50 $ 70.00 $ 110.00 $ 110.00 $ 165.00 $ 20.00 $ 15.00 $ 38.00 $ 49.50 $ 110.00 $ 20.00 $ 20.00 $ 20.00 $ 49.50 $ 110.00 $ 20.00 each hour hour hour each each trip each hour hour each trip each each hour each trip 1,120.00 360.00 34, 331.50 420.00 3,700.00 39,931.50 1,140.00 12,226.50 210.00 330.00 110.00 495.00 480.00 14,991.50 9,000.00 15, 960.00 1,485.00 10,670.00 4,000.00 41,115.00 1,200.00 2,400.00 12,870.00 4,400.00 1,600.00 22,470.00 Page 1 of 2 CMJ ENGINEERING, INC. 7636 Pebble Drive Fort Worth, Texas 76118 Tel: (817) 284-9400 Fax (817) 589-9993 City of Fort Worth Cost Estimate No. 10-266C (revised) October 19 2010 Revised: October 27, 2010 COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR EAST MULTI -PURPOSE FACILITY WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Structural Steel Observation Structural Steel Inspection by CWI (Min. 5 hours/trip) Vehicle Trip Charge Estimated Total for Structural Steel Services: Estimated Total for Above Testing and Inspection Services: Notes: 30 $ 48.00 hour $ 1,440.00 6 $ 20.00 trip $ 120.00 $ 1,560.00 $ 120,068.00 1 Project Management fees will only be charged for actual field services requiring a project manager or as requested by client. 2. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over ten (10) hours per day or hours worked before 7:00 a.m. and/or after 5:00 p.m. Monday thru Friday. All lab and field services performed on Saturday or Sunday, will be billed at 1.5 times the regular rate. All services performed on recognized holidays will be billed at 2.0 times the regular rate. 3. All laboratory test fees are F.O.B. our laboratory Engineering technician minimums and vehicle trip charges will apply to all trips to the job -site including sample pickups and specimen pickups. 4. A minimum of three (3) hours technician time and vehicle trip charges will be billed tor each call out, sample pickup or specimen pickup unless noted otherwise. 5 A $65.00 nuclear gauge fee will be charged for on -site cancellation of density testing services. 6. Technician time is charged portal-to-portal from our Fort Worth office. 7. Additional tests not specified in this fee schedule will be quoted upon request. Page 2 of 2 TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and City of Fort Worth, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached UNIT FEE PROPOSAL identified as Unit Fee Proposal No. 10-266C (revised) dated October 19, 2010 Revised: October 27, 2010and any exhibits or attachments noted in the UNIT FEE PROPOSAL. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CMJ will be based solely on information available to CMJ. CMJ is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CMJ under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the CMT LABORATORY profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of CMT LABORATORY services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the site. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the UNIT FEE CONTRACT. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CMJ will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CMJ arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL CMJ will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If CMJ is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the UNIT FEE CONTRACT, then this phrase applies. For the specified assignment, CMJ will report observations and professional opinions to CLIENT. No action of CMJ or CMJ'S site representative can be construed as altering any AGREEMENT between CLIENT and others CMJ will report to CLIENT any observed geotechnically-related work which, in CMJ'S professional opinion, does not conform with plans and specifications. The CMJ has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CMJ'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction -related services. CMJ will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CMJ in accordance with the procedures indicated in the UNIT FEE CONTRACT and its attachments. Invoices will be submitted to CLIENT by CMJ, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CMJ in writing within fourteen (14) calendar days of the invoice date identify the cause of disagreement and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS — Page 1 of 3 Unit Fee Proposal No.: 10-266C (revised) CMJ ENGINEERING, INC. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the CMJ, CLIENT will pay an additional charge of one -and -one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the CMJ will carry the additional charge, as described above, effective thirty (30) days from the date of the original invoice. In the event CLIENT fails to pay CMJ within sixty (60) days after invoices are rendered, CLIENT agrees that CMJ will have the right to consider the failure to pay the CMJ's invoice as a breach of this AGREEMENT. This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CMJ will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. RISK ALLOCATION Many risks potentially affect CMJ by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by CMJ. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CMJ'S liability, CLIENT agrees to limit CMJ'S liability to CLIENT and to all other parties for claims arising out of CMJ'S performance of the services described in this AGREEMENT. The aggregate liability of CMJ will not exceed the .amount of the CMJ'S fee for negligent professional acts, errors, or omissions Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CMJ as a third -party defendant, Parties means CLIENT and CMJ and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CMJ agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT'S findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CMJ and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CMJ to take immediate measures to protect health and safety. CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law If and to the extent CLIENT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. Unit Fee Proposal No.: 10-266C (revised) TERMS — Page 2 of 3 CMJ ENGINEERING, INC. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in judicial Jurisdiction of the court of the county where CMJ's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and 12) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance. If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. * ** The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. CLIENT By: C J E • -IN , IN . draw NE R. Car Lee, S E T Executive Vice President Position Position October 27, 2010 Date Date Unit Fee Proposal No.: 10-266C (revised) TERMS — Page 3 of 3 CMJ ENGINEERING, INC. City of Fort Worth, Texas n • ouncil o unication COUNCIL ACTION: Approved on 12/14/2010 DATE* Tuesday, December 14, 2010 LOG NAME: 20WRMCEASTMULTIPURPOSE SUBJECT REFERENCE NO.: C 24664 Authorize a Construction Contract in the Amount of $15,443,305.00 with Rogers -O'Brien Construction Company, Ltd, Authorize a Construction Administration Services Agreement in the Amount of $398,450.00 Plus Up to $8 900.00 in Reimbursable Expenses with Hahnfeld Hoffer Stanford Inc., and Authorize a Materials Testing Agreement in the Amount of $120,068.00 with CMJ Engineering, Inc., to Construct the East Equestrian Facility at the Will Rogers Memorial Center (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Execute a construction contract in the amount of $15,443,305.00 with Rogers O'Brien Construction Company, Ltd. to construct the East Equestrian Facility at Will Rogers Memorial Center; 2. Execute a construction administration services agreement in the amount of $398,450.00 plus up to $8,900.00 in reimbursable expenses with Hahnfeld Hoffer Stanford, Inc. to construct the East Equestrian Facility at WRMC and 3. Execute a geotechnical materials testing agreement in the amount of $120,068.00 with CMJ Engineering, Inc. to construct the East Equestrian Facility at WRMC. DISCUSSION: On June 22, 2010, (M&C G-16967) the City Council adopted an ordinance providing for the issuance of City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2010 in an aggregate principal amount not to exceed $34,685,000.00; establishing parameters regarding the sale of the Certificates of Obligation (CO); approving the execution of a Purchase Agreement and ordaining other matters relating to the subject East Equestrian Facility at WRMC On October 12, 2010, (M&C C-24538) the City Council adopted an ordinance increasing the estimated receipts and appropriations in the Public Events Capital Projects Fund in the amount of $33,785,120.26 and in the Convention Center Debt Service Fund in the amount of $1,045,089.78, from the sale of the Combination Tax and Revenue Certificates of Obligation, Series 2010, and accrued interest, for the Will Rogers Improvements and authorized the City Manager to execute a design procurement agreement in an amount up to $1,350,000.00 with Event Facilities Fort Worth, Inc. The Request for Competitive Sealed Proposals was advertised in the Fort Worth Star -Telegram on August 12, 2010 and 19, 2010. Fifteen firms submitted proposals and one subsequently withdrew its proposal. Ten firms submitted the required Post Bid -Pre Award documents. The following 10 proposals were received (base proposal with Add Alternates Nos. 1, 2, 3 and 5 and an allowance for use by the City only: Rogers -O'Brien Construction Company, Ltd. $15,376,510.00 Bartlett Cocke, LP $15,543,439.00 Sedalco, Inc. $15,923,670.00 AUI Contractors, LLC $15,997,914.00 EMJ Corporation $16,002,100.00 Lee Lewis Construction, Inc. $16,118,700.00 Thos. S. Byrne, Ltd. $16,290,627.00 Crossland Construction Company, Inc. $16,368,000.00 Linbeck Group LLC $17,632,239.00 Austin Commercial, LP $18,169,000.00 Based on a weighted matrix including price, schedule, M/WBE participation, reputation, and experience, Rogers -O'Brien Construction Company, Ltd., was determined to offer the best value for the City. The overall project cost for the parking garage is expected to be: Design $ 1,350,000.00 Construction Administration Services $ 407,350.00 Construction I$15,443,305.00 FF&E $ 3,175,700.00 Utilities, Geotech, ITS, Contingency, Staff $13,408,765 26 Total $33, 785,120 26 The construction contract amount of $15,443,305.00 is based on the base proposal, add alternates, Post Bid -Pre Award revisions, and a three percent allowance for use by the City only. Rogers -O'Brien Construction Company, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 45 percent M/WBE participation on the TPW base bid plus identified alternates. The City's goal on this base bid contract is 20 percent. Hahnfeld Hoffer Stanford, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation. The City's goal for this project is 10 percent. CMJ Engineering, Inc:, is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal for this project is 15 percent. The project is physically located in COUNCIL DISTRICT 7 but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Public Events Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers 1) C234 541200 247060162780 2)C234 531200 247060162730 3)C234 531060 247060162780 Fernando Costa (6122) William Verkest (7801) Dalton Murayama (8088) $15,443,305.00 $407,350.00 $120,068.00 ATTACHMENTS 1. CMJ MWBE compliance.pdf (CFW Internal) 2. HHS MWBE compliance.pdf (CFW Internal) 3. Rogers O'Brien MWBE compliance.pdf (CFW Internal) 4. WRMC East Multipurpose Facihty.pdf (Public) EAST EQUESTRIAN FACILITY FORT WORTH