HomeMy WebLinkAboutContract 54704 CSC No. 54704
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fork Worth, a Texas home-rule municipality (the
"CITY"), and CMJ ENGINEERING, INC., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as:
Geotechnical Engineering Services, Northwest Patrol Division and Auto Pound, located
3900 Angle Avenue, Fort Worth, Texas.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A" —Scope of<Services;
3. Attachment "B" --Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or `B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
Article
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services
set forth in the Scope of Services attached hereto as Attachment "A". These
services shall be performed in connection with the Northwest Patrol Division and
Auto Pound project.
(2) Additional services, if any, will be requested in writing by the City. City shall not
pay for any work performed by Consultant or its subconsultants, subcontractors
and/or suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
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CITY SECRETARY
FT.WORTH, TX
supplies, and equipment necessary to complete the services described in Attachment"A".
However the total fee paid by the City shall not exceed a total of $10,000.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City
from all claims or liabilities under this Agreement for anything related to, done, or
furnished in connection with the services for which payment is made, including any act or
omission of the City in connection with such services.
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30
days, beginning upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated
by the local, state and national boards, bureaus and agencies. Approval by the
City shall not constitute or be deemed to be a release of the responsibility and
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liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its services performed
hereunder,
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant shall indemnify, hold harmless, and defend the City against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the Consultant or Consultant's
agent, consultant under contract, or another entity over which the
Consultant's exercises control.
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance,
nor shall Consultant allow any subcontractor to commence work on its subcontract
until all similar insurance of the subcontractor has been so obtained and approval
given by the City; provided, however, Consultant may elect to add any
subconsultant as an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be on
any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(2) Additional Insurance Requirements
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a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants
shall be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services,
Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, prior to
commencement of work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength and
solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City
may consider alternative coverage or risk treatment measures through insurance
pools or risk retention groups. The City must approve in writing any alternative
coverage.
g. Workers'compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery
in favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, Consultant shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
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I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or
transfer any interest in this Agreement without prior written consent of the City.
Article Vill
Termination of Contract
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice
of termination, Consultant shall discontinue services rendered up to the date of
such termination and City shall compensate Consultant based upon calculations
in Article II of this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, shall
be or become the property of the City, and shall be furnished to the City prior to or
at the time such services are completed, or upon termination or expiration of this
Agreement.
Article IX
Right to Audit
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
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appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Consultant reasonable advance notice of intended
audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision
to the effect that the subcontracting consultant agrees that the City shall, until the
expiration of three (3)years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such sub-consultant, involving transactions to the subcontract, and
further, that City shall have access during normal working hours to all sub-
consultant facilities, and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant for the cost of copies
at the rate published in the Texas Administrative Code in effect as of thetime copying
is performed.
(4) Article X
Minority Business and Small Business Enterprise (MBE)(SBE) PartiGipation
as amended, the City has goals for the paFtiG4mt Gf minority business enterprises
d SB�C
small bu6iness enteFprises On City contracts. Consultant ackniawledges the MBE a
goals established fOF this Agree int,a I " . ted written Gommitment to IMBE and SBE
and/OF th m �On of fraud by the Consultant may__Fes Alt ir�rminatien of this
Agreement and debarinnent from paFUGipating in City contracts for_a_neriod of time of n��
than three (3) years
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment. No plea of misunderstanding or
ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold
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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 XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to
be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
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City of Fort Worth:
Attn: Ricardo Salazar II
Real Property Manager
900 Monroe Street, 4t" Floor
Fort Worth, Texas 76102
Consultant:
CMJ Engineering, Inc.
Attn: Jay Sappington, P.E.
7636 Pebble Drive
Fort Worth, Texas 76118
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation for
all employees, and upon request, provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement.
Vendor shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services. Vendor
shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Vendor shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate
this Agreement for violations of this provision by Vendor.
No Boycott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter
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2270 of the Texas Government Code, City is prohibited from entering into a contract
with a company for goods or services unless the contract contains a written verification
from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, Contractor certifies that Contractor's signature
provides written verification to City that Contractor: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
City of Fort Worth,Texas—Standard Agreement for Technical Services(Rev..312012020) PMD—Real Property Division
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Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
O person responsible for the monitoring and
9G11'IG1 BU!' `i
administration of this contract, including
By. Dana Burghdoff ct 19,202014:17 CDT) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Oct 19, 2020
By:
Approval Recommended: Name: Ricardo Salazar II
Title: Real Property Manager
SSteve WMVP Approved as to Form and Legality:
By:
Steve Cooke(Oct 19,2020 08:51 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept.
By: Leann Guzman (Oct 19,202012:39 CDT)
a FORT°�a Attest: Name: Malthew Muffey Leann Guzman
Title: AesistaHt City Attorney
~�
Deputy
fD��D`1�GD� C�D`1G2f Contract Authorization:
Y•
alb nEXA5o4p B for Ronald P.Gonzales(Oct 19,2020 14:35 CDT) M&C: n/a
Name: Mary J. Kayser rdinance No.24161-04-2020/ No M&C
Title: City Secretary
VENDOR:
CMJ Engineering, Inc
By: ctor'47:��
Name: ay Sappington
Title: resident
Date: t 10It6a
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CITY SECRETARY
FT.WORTH, TX
ATTACHMENT "A"
SCOPE OF WORK
I. BASIC SERVICES
A. SUBSURFACE EXPLORATION
Based on past experience in the vicinity of the project, we anticipate subsurface conditions to
consist of soils and rock of the Kiamichi geological formation.
Experienced drillers and technicians will evaluate subsurface conditions with a total of 13 sample
borings, as tabulated below.
Table 1: Proposed Construction and Referenced Borings
Proposed Construction Number of Proposed Boring
Proposed Borings Depths ft
Police Building 2 40
Substation Pavement and Parking 2 5
Transfer Building 3 40
Station Pavement and Parking 3 5
Auto Pound 3 5
Please note, architectural and civil plans for the buildings are not developed yet. The proposed
borings could be subject to change based on the final proposed layout.
The field personnel will drill the borings using truck-mounted equipment. Cohesive and
noncohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-
inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be
evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils
logger will extrude the samples in the field, check the samples for consistency with a hand
penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory
for testing. A log of each boring will be prepared to document field activities and results.
CMJ's personnel will stake the boring locations using normal taping procedures. Approximate
locations of the borings will be shown on the plan of borings. Precise surveying of boring locations
and elevations is not included in the cost estimate. These services may be provided as Additional
Services upon request. At the completion of drilling operations, boreholes will be backfilled with
drill cuttings and plugged at the surface by hand tamping.
B. LABORATORY SERVICES
Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be
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required for classification purposes, and to determine strength characteristics. The following
types of tests are therefore recommended:
• moisture content and soil identification
• percent passing #200 sieve
• hydrometer grain size analysis
• liquid and plastic limit determinations
• unconfined compression tests on soil
• unit weight determinations
• absorption pressure and/or one-point pressure swell tests
The specific types and quantities of tests will be determined based on geologic conditions
encountered in the borings.
C. ENGINEERING SERVICES
An engineering report will be prepared to present the results of the field and laboratory data
together with our analyses of the results and recommendations. We will provide two copies of
the report and an electronic copy. The report will address:
• general soil and ground-water conditions
• recommendations for foundation type, depth and allowable loading
• minimum penetration of piers to resist uplift (if required)
• foundation construction requirements
• recommendations for floor slab support, including an evaluation of the swell
characteristics of the subgrade soils
• earthwork recommendations
• guidelines for pavement design
Items other than those specified above, which are revealed by these studies or are necessitated
by a change in project scope, may require revised field, laboratory, and engineering services.
These services, if required and requested, will be performed as Additional Services. Additional
Services are described in Section II.
D. COMPENSATION FOR BASIC SERVICES
It is proposed that the Basic Services described above be performed on a unit price basis, in
accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and
the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the
order of $9,900.00 to $10,000.00. For budget purposes, a maximum cost of $10,000.00 is
recommended. This cost for Basic Services will not be exceeded without prior authorization.
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The estimated costs shown in this proposal are based on the anticipated soil conditions. The final
invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are
encountered during drilling, we will notify you accordingly.
E. SCHEDULE FOR BASIC SERVICES
Weather permitting, we plan to initiate these studies within 14 days of receipt of notice to proceed
and anticipate that 3 working days will be required to complete the subsurface exploration for the
site (weather conditions permitting). You will receive the final report approximately four(4)weeks
following the completion of the field phase. We will make preliminary design data available sooner
if necessary.
II. ADDITIONAL SERVICES
A. AUTHORIZATION AND SCOPE
Additional Services will be performed only if specifically requested and authorized by Client.
Additional Services may consist of the following:
• Additional subsurface exploration, including quantities or items other than
described in Basic Services.
• Bulldozer or other equipment services required to achieve access to boring
locations.
• Stand-by time or time in excess of one-half hour required for travel between boring
locations.
• Additional laboratory services, including quantities or items other than described
in Basic Services.
• Additional insurance coverage or limits (if available) other than CMJ's standard
policies.
• Additional engineering services, including personnel time and expenses for items
not specifically described in Basic Services. This may include, but is not limited to,
additional meetings requested by Client or Client's other consultants, assistance to
Client in dealing with regulatory agencies, preparation and engineering assistance in
legal proceedings, and evaluation of alternative designs for the project or relocation of
structure, following initial submittal of the geotechnical report.
• Additional copies of the report, other than the number described in Basic Services.
• Any other required or requested services authorized by Client, other than those
specifically described in Basic Services.
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B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES
Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees.
Additional Services will be performed at reasonable times and within reasonable schedules as
requested by Client. Authorized Additional Services will be billed as a separate item on invoices
and a description of the Additional Services will be provided.
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ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
CMJ ENGINEERING, INC.
7636 PEBBLE DRIVE
FORT WORTH, TX 76118
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
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