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HomeMy WebLinkAboutContract 56105 CSC No. 56105 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and CMJ Engineering and Testing, Inc. d/b/a CMJ Engineering, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Construction Materials Testing and Inspection Services, Diamond Hill Community Center — New Facility, 1701 NE 36t" Street, 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 I 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 Diamond Hill Community Center — New Facility. (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, 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 $56,112.25 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 paVment of same. OFFICIAL RECORD CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) CITY SECRETARY PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services FT. WORTH, TX 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 until Certificate of Occupancy Issuance, 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 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. CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) Page 2 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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 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 131" 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. CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) Page 3 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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. 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 VIII 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 CFW-Std.Agreement for Prof. Services(Rev.20Mar2O2O) Page 4 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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 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 the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation — Not Required , PeFmGd Gf fimo A-f PA-t loon fh.An throe (3) dears 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 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. CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) Page 5 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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: City of Fort Worth: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 131" Street Fort Worth, Texas 76102 Consultant: CMJ Engineering and Testing, Inc. d/b/a CMJ Engineering, Inc. Attn: James P. Sappington, IV, P.E. 7636 Pebble Drive Fort Worth, Texas 76118 CFW-Std.Agreement for Prof. Services(Rev.20Mar2O2O) Page 6 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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 (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-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 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. CFW-Std.Agreement for Prof. Services(Rev.20Mar2O2O) Page 7 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 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 person responsible for the monitoring and i7a,v"g, S,�� administration of this contract, including By: Dana Burghdoff(Jul 28,20 8:55CDT) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Jul 28, 2021 Approval Recommended: Name: Brian Glass Title: Architectural Services Manager <-,-4.J c-)-L Approved as to Form and Legality: Steve 28,202109:53 CDT) By. Name: Steve Cooke Title: Director, Property Management Dept. Y9 st�on JB Strong(Jul2 ,202115:57 By: Attest: Name: John B. Strong Title: Assistant City Attorney ActzrzA ,sy Contract Authorization: Not Required 61/: dP.Gonzales,ActingCitySecretary(Jul2� DT) M&C: N/A Name: Mary J. Kayser Title: City Secretary p'cyO�° OR r 4� Q F T�41 a�6.'o° 0 ��° $41d0. 0.vo 0 VENDOR: o CMJ Engineering and Testing, Inc. ��d °°°°°°°°°°o° d/b/a/ CMJ Engineering, Inc. ���rfix dam By. James Sap ington(Jul 27,202114:06 MDT) Name: James P. Sappington, IV, P.E. Title: President Date: Jul 27, 2021 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) Page 8 of 8 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services July 2021 ATTACHMENT "A" 7636 Pebble Drive -DCMJ ENGINEERING, INC. Fort Worth,Texas76118 Avw%v.cmiengr.com Estimate No.: 21-065 May 25, 2021 City of Fort Worth Attn: Mr. Alfonso Meza 200 Texas Street Fort Worth, Texas 76102 email: alfonso.meza@fortworthtexas.gov ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR DIAMOND HILL COMMUNITY CENTER FORT WORTH, TEXAS Dear Mr. Meza, We are pleased to submit this estimate for providing construction materials engineering services on the above referenced project. We understand we have been selected to provide these services based on our qualifications. Estimate - Defined This is an ESTIMATE and should in no way be considered a lump sum proposal. CMJ will only bill for actual services performed. Services performed beyond the estimated items and quantities may exceed the estimated testing budget. Fewer services performed than estimated may be lower the estimated testing budget. The total testing cost is dependent upon the contractor's means and methods, such as the size of areas/amount of items ready for testing per site visit, size/rate of concrete placements, method of masonry grouting (once per day or several times per day, pumping or hand placement), etc. As the contractor typically schedules our services, the actual number of site visits required are beyond our control. Based on our experience, we have made assumptions as to the means and methods the individual contractors may choose to follow. Scope of Work Our scope of service is based on our review of the project plans and specifications and our experience on similar projects. We propose to service this project on a call out, as-needed basis. All same-day service requests will be charged the greater of either$250 or our actual rescheduling costs based on the project's unit fees, for each site visit performed. Service requests may be made Monday through Friday 7:00 am to 5:00 pm and should be received 24-hours in advance but no later than 3:00 PM of the day prior to service. CMJ will make every effort to service same day service requests but cannot guarantee your request will be serviced without the required prior notice. AASH ❑ Phone(817)284-9400 Fax(817)589-9993 Metro(817)589-9992 i CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 21-065 Diamond Hill Community Center May 25, 2021 Fort Worth, Texas Page 2 i Earthwork Laboratory testing of existing subgrade, backfill and stabilized pavement subgrade materials; in- place moisture/density testing of same. In-place sieve analysis of stabilized pavement subgrade. I Drilled Piers On site verification of initial pier start by a Project Manager or if required, a Geotechnical Engineer. Full time excavation observation, reinforcing steel observation, and concrete testing and j observation. Post installation verification of pier reports by project management staff. Based on our review of the project geotechnical report we anticipate that the piers will be installed in dry subsurface conditions and have proposed the use of a Drilled Pier Engineering Technician. If wet drilling conditions are encountered requiring the use of temporary casing, rapid concrete placement due to ground water seepage, underwater drilling techniques, or water encountered at belled pier founding elevations, we will use a Senior Pier Specialist Engineering Technician billed at the rate as shown on our enclosed budget attachment. i Cast-In-Place Concrete Pre- and post-concrete placement reinforcing steel observation. On-site placement observation and testing to include slump, temperature, entrained air content, and the molding of test cylinders. Laboratory curing and testing of cylinders. i Masonry Perform weekly general structural masonry construction observations (Periodic), proportion verification of site-mixed mortar and grout, full-time structural grout placement observation and site casting of structural grout prisms for laboratory curing and compressive strength testing as required by the IBC Code and project requirements. Structural Steel Observation On-site visual observation 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 as required. Project Budget Based upon our understanding of the project specifications, our unit fees and estimated quantities for this project will be as stated on the budget attachment. 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. All charges for laboratory services are F.O.B. our laboratory. All same-day service requests will be charged the greater of either$250 or our actual rescheduling costs based on the project's unit fees, for each site visit performed. The prices provided in the attached fee schedule will remain valid for forty-five (45) days from the date on this estimate, or for one year from that date if our services for this project are started within the forty-five (45) day period. Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. CMJ will not supervise or direct work that is performed by the contractor or subcontractors and is not responsible for their means and methods utilized or the resultant outcome of their efforts. AASH ❑ CMJ ENGINEERING,INC. City of Fort Worth Estimate No. 21-065 Diamond Hill Community Center May 25, 2021 Fort Worth, Texas Page 3 Closing CMJ Engineering, Inc. appreciates the opportunity to submit this estimate. We have included the attached unit fees that correspond to our understanding of the required work scope that will be required of CMJ Engineering. Feel free to call us if you have any questions regarding our services or estimate. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMJ ENGINEERING, INC. Angie M. McCullough f Gre ester S.E.T. Vice President Senior Project Manager I i i AASH O 7636 Pebble Drive Fort Worth,Texas 76118 Engineering Tel: (817)284-9400 Fax: (817)589-9993 City of Fort Worth Estimate No. 21-065 May 25, 2021 ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR DIAMOND HILL COMMUNITY CENTER FORT WORTH, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Earthwork Moisture/Density Relations (ASTM D698) 6 $ 175.50 each $ 1,053.00 Oversize Rock Correction (ASTM D4718) 1 $ 130.50 each $ 130.50 Liquid & Plastic Limit(ASTM D4318-13) 6 $ 61.50 each $ 369.00 Laboratory Sieve Analysis (ASTM C117, D1140) 4 $ 69.00 each $ 276.00 Laboratory Sieve Analysis (ASTM C136) 6 $ 83.50 each $ 501.00 Earthwork Observation/Testing Including all Non-Test Pit In-Place Moisture/Density Testing by ASTM D6938 (Min. 4 Hours/Trip) 104 $ 72.50 hour $ 7,540.00 Additional Fee-Test Pit In-Place Moisture/Density Testing 0 $ 15.00 each $ - Nuclear Density Gauge Fee (Daily) 20 $ 45.00 each $ 900.00 Project Management- Initial Project Set-up 2 $ 95.50 hour $ 191.00 Vehicle Trip Charge 26 $ 40.50 trip $ 1,053.00 Estimated Total for Earthwork Services: $ 12,013.50 Pier Observation Concrete Test Cylinders (ASTM C31/39 -6"x 12" - Min. 4/Set) 44 $ 26.25 each $ 1,155.00 Engineering Technician (Min. 4 Hours/Trip) 121 $ 72.50 hour $ 8,772.50 Senior Pier Specialist(Min. 4 Hours/Trip) 0 $ 83.50 hour $ - Project Management 9.5 $ 95.50 hour $ 907.25 Senior Geotechnical Engineer(1.0 Hour Min. Charge) 0 $ 139.00 hour $ - Cylinder Pick Up 3 $ 150.00 each $ 450.00 Vehicle Trip Charge 15 $ 40.50 trip $ 607.50 Estimated Total for Pier Observation Services: $ 11,892.25 Concrete Observation/Testing Concrete Test Cylinders (ASTM C31/39 -6"x 12" - Min. 4/Set) 216 $ 26.25 each $ 5,670.00 Concrete Testing Technician (Min. 3 hours/trip) 180 $ 50.00 hour $ 9,000.00 Reinforcing Steel Observation without Testing (Min. 3 Hours/Trip) 36 $ 67.00 hour $ 2,412.00 Cylinder Pick Up 17 $ 150.00 each $ 2,550.00 Vehicle Trip Charge 75 $ 40.50 trip $ 3,037.50 Estimated Total for Concrete Observation/Testing Services: $ 22,669.50 Masonry Testing Masonry Grout Prisms (ASTM C1019 -4/Set) 20 $ 32.00 each $ 640.00 Engineering Technician for Masonry Construction 56 $ 72.50 hour $ 4,060.00 Observation (Min. 4 Hours/Trip) Masonry Specimen Pick Up 2 $ 150.00 each $ 300.00 Vehicle Trip Charge 16 $ 40.50 trip $ 648.00 Estimated Total for Masonry Services: $ 5,648.00 7636 Pebble Drive f Engineering Fort Worth,Texas 76118 Tel: (817)284-9400 Fax: (817)589-9993 City of Fort Worth Estimate No. 21-065 May 25, 2021 ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR j DIAMOND HILL COMMUNITY CENTER FORT!NORTH, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Structural Steel Observation Structural Steel Observation by CWI (Min. 5 Hours/Trip) 30 $ 83.50 hour $ 2,505.00 Ultrasonic Testing of Welds by ASNT/NDT (Min. 5 Hours/Trip) 10 $ 106.00 hour $ 1,060.00 Vehicle Trip Charge 8 $ 40.50 trip $ 324.00 Estimated Total for Structural Steel Services: $ 3,889.00 Hourly Office Services Senior Geotechnical Engineer(1.0 Hour Min Charge) 0 $ 142.50 hour $ - Same-day Insufficient Notice Fee 0 $ 250.00 each $ - Estimated Total for Hourly Services: $ - Estimated Total for Above Testing and Observation Services: $ 56,112.26 Notes: 1. Project Management fees will be charged as follows: 2 hours for initial project setup, foundation reconciliation at 3 minutes per pier, compliance review and statement of same at 3 minutes per report with a 1 hour minimum, post-tensioning compliance review at 0.50 hours per page with a 1.0 hour minimum and a 79G/house pad compliance report review and letter at 10 minutes per lot, if CMJ is informed at the start of this project of this need. Should the client choose not to sign CMJ's agreement and instead request CMJ to sign the client's contract, any time spent reviewing/revising client's contract will be billed at the above listed project management hourly rate. All other services that would be requested of a project manager will be billed as same. 2. Overtime rates of 1.5 times the regular rate will be charged for hours worked or services performed over eight(8) hours per day or before 7:00 a.m. and/or after 5:00 p.m. Monday thru Friday. All lab and field services performed on Saturday,will be billed at 1.5 times the regular rate and will be billed at 2.0 times the regular rate for Sundays and recognized holidays. 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 amount of technician time and a vehicle trip charge will be billed for each call out, sample pickup or specimen pickup unless noted otherwise.Technician time is charged portal-to-portal from our Fort Worth office. 5. 4"X8"concrete compression test specimens will be used per ACI 318 requirements unless instructed otherwise. 6. Structural steel observation at fabrication shop fees based on facilities located in the Dallas-Fort Worth metroplex area. 7. Additional tests not specified in this fee schedule will be quoted upon request, or based on our current fee schedule. 8. Vehicle trip charge in excess of 25 miles from CMJ's office will be based on$0.81/mile plus tolls, portal-to-portal our office. 9. Specimen collection fees as stated are either project specific or based on a maximum of 25 miles from CMJ. 10.All same-day service requests will be charged a minimum $250 insufficient notice fee or actual rescheduling costs if greater. 11.All test-pit moisture-density testing will be charged a$15 fee for each test in addition to standard hourly fee. 12. CMJ will not supervise or direct work that is performed by the contractor or subcontractors and is not responsible for their means and methods utilized or the resultant outcome of their efforts. ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY CMJ ENGINEERING AND TESTING, INC. d/b/a CMJ ENGINEERING, INC. 7636 PEBBLE DRIVE FORT WORTH, TEXAS 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. 1. Name: James Sappington Position: President Q(— James Sap ington(Jul 27,202114:06 MDT) Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/ CEO Other Title: Date: CFW-Std.Agreement for Prof. Services(Rev.20Mar2020) Page 1 of 1 PARD Diamond Hill CC—New Facility, Construction Materials Testing &Inspection Services—Attachment"B" July 2021