HomeMy WebLinkAboutContract 44489 CffY SECRETARY
'y
CONTRACTNO
CITY of FO oRTH TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
'his AGREEMENT is between the City of Fort Forth, a Texas home-rule
municipality (the "CITY"),Y"), and CM I engineering, Inc." authorized to do business in Texas
(the "'ENGINEER"), for a PROJECT generally described as.- Provide Construction
Materials Testing Services, for the new Fire and Police Training Center (nevi Public Safety
Training Center) in fort Worth.
Article I
Scope of Service
A. Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER'S compensation p ($321,855.00) is set forth in Attachment A.
tion
Article III
Terms of Playment
Payments to the ENGINEER will be 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
A to this AGREEMENT, 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 1, 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 CITE''will exercise reasonableness in oontesti,n a� ,�"i ortion
thereolf., rho interest will accrue on any contest po ion of the b� l' until
OFFICIAL CITY 3FCRE1*ARY
FTs WORTH, TX
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RECEIVED MAY 30 201S
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 l�iabiliity to CITY for delays or damages used the
CITY because of such suspension of services.
Article IV
Obll*gat'i'ons of the Engineer
Amendments,to Article IV, if any, are included in Attachment, B.
A. General
The ENGINEER will serve as the CITY'S professional engineering
representative tinder 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, wiill be the
degree of' drill and diligence normally employed in the State of Texas by
professional eng gin�eer or consultants performing the same, or similar
services at the time such services are performed.
C. Subsurface 1 nvesUlgafii ions
(1�) Thie: 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 same plel intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evalluiations,
changed or unanticipated underground conditions may occur that
coulld affect the total PROJECT' cost and/or execution,. These
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conditions and cost/'execution effects, are not the res,ponsibil�ity of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENG,INEER will provide to the CITY the, original drawings of all plans in
ink on reproducible Mylar sheets and electronic files in pdf format, or as
otherwise approved by CITY, which shall become the property of the CITY.
CITY may use such drawings in any manner it desires; provided, however,
that the ENGINEER shall not be liable for the use of' such drawings for any
project other than the PROJECT described herein.
E. Engineler's, Personnel at Construction Site
(1) The presence or duties of the, ENGINEER'S personnel at a
construction site, whether as on-site representatives or otherwise, do not
make the ENGINEER or its personnel in any way responsible for those
duties that belong to the CITY and/or the CITY'S construction contractors, or
other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties,, and responsibilities, including, but not
limited to, all construction methods, means, techniques,, sequences, and
procedures necessary for coordinating and completing�, all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions, required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection
with their work or any health or safety precautions.,
(2) Except, to the extent of specific site visits expressly detailed and set
forth in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress, or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a
manner indicating -that the PROJECT, when completed; will be in
accordance with the Contract Docurnents, nor shall anything in the Contract
Documents, or the agreement between CITY and ENGINEER be construed
as requiring ENGINEER to make exhaustive or continuous on-siite!
inspections to discover latent defects in the work or otherwise check the
quality or quantity of' the work on the PROiJECT'. If the ENGINEER makes,
on-site observation(s) of' a deviation from the Contract Documents, the
TI GII�NEER shall inform the CITY.
(3), When professional certification of performance or characteristics, of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
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to rely upon such certification to establish materials, systems or equipment
andi performance criteria to be required in the Contract Documents.,
F'. Opinions of Probable Cost, Financiall 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 budding 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 CHIT actual PROJECT costs, financial aspects,
economic feasibliility, or schedules rill not vary from the EN'GINEER'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 oni the
ENGINiE,ER'S knowledge, informiation, 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 construict,ion
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.
H. Record Drawings,
Record drawings, if required,, will be prepared, in part, on the basis of
information comipiled and furnished by others, and may not always represent
the exact location, type of valrious components, or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for
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any errors or omissions in the information -from others that is incorporated
into the record drawings.
1. Small Business Enterprise (S BE) Particl"pati"on
This paragraph is waived for this, agreement.
J. R*IgM to Audift,
(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 or 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 exam,inie,
and photocopy any d'i'rectl:y 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
i
reimburse ENGINEER for, the cost of copies at the rate published in the
Texas Administrative Code in effect,as of the time copying is performed.
K. Insurance,
(1) ENGINEER'S INSURANCE,
a. Commercial General Liability—the E I NEED shall maintain commercial
general liability (C GL) and, if necessary, commercial umbrella insurance
with a limit of not less, than $11,000,000.00 per each occurrence with a
$2,000,0001.00 aggregate. If such Commercial General Liability insurance
contains a general: aggregate limit, it shall apply separately to this
PROJECT or location.
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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, prod:ucts/completed operations, contractuall,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
as
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 liablility
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,001 0,,00�O each accident. Such insurance shall cover
liability arising out of it 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 daimages to the
extent these damages are covered by the business auto liability or
commercial umbreill'a liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers,' Compensation - ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial Umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $110!0,000.00
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:
emipiloyer's liability or commercial umbrella, insu�rance, obtained by
ENGINEER pursuant to this agreement.
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d'. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,0100.,010 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
1 1
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 interests may appear. The term CITY shall
0,
include its employees, officers,1 officials, agentsy and volunteers as
respects the contracted services.
c. CertifiGate(s) of insurance shall document that in su ran cle 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
requiremients.
e. A minimum of thirty ('3,0 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 playment of'premium. Such terms shall be
endorsed onto ENG,IN�EER'S insurance policies. Notice shall be sent to,
the respective Department Director by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102".
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 $2,151,000.00 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 th�rouglh insurance pools or risk retention groups., Dedicated
financial iresources or letters of credit may also be acceptable to the
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CITY.
h. Applicable policies, shall each be endorsed with a waiver of subirolgatiioin
in favor of the CITY as respects the PROJECT.
I The CITY shall be entitled upon its request and withilout incurring
expense, to review the ENGINEER'S insurance policies including
endorsements thereto and, at the CITY discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professilional Liability, underwritten on a,
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreemrent. The certificate of
insurance shill state both the retroactive date and that the coverage is
claims-made.
I . 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.
1. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Subcontractors t the ENGINEER shall be required by the ENGINEER
to maintain the same or reason ably 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 andi not as a subicontractor, agent,, or employee of the, C,ITY.
M. D"Isclosure
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.
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N. Asbestos or Hazardous Substances
(11) If asbestos or hazardous subistances 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 hazard!ous substances are suspected, the CITY may
request the, ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage, the remediation activities of the PROJECT.
0. Permitting 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 requiredil, at its own cost and expense. However, if design
changes are required due to 'the changes in the permitting authorities'
published design criteria and�/oir practice standards criteria which are
published after the data 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.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment,A to this AGREEMENT.
A I
rticle V
obligations of the City
,
mend!r ents to Article V, if any, are included in At"tacnment B.
A. fit; -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 wil�l perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
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other components of the CITY""` 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 C,ITY 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 ENGINEERS studies, reports,,, sketches,
drawings, specifications, proposals, and other documents,- obtain advice of
an attorney, insurance counselor, accountant, auditor, 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 p ro i'ect schedule prepared in, accordance with Attachment A.
j
E. Prompt Notice
The CITY will give prompt written notice to the ENGII�NEER 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
parties or employees of City, City, hereby releases ENG,INEER from any
damage or liability related to the presence of such materials.
(2,) The release required above shall not apply in the event the
dischlarge, release or escape of hazardous substances,, contaminants, or
asbestos is a resu�lt of ENGINEER'S negligence or if' ENGINEER brings
such hazardous substance,, contaminant,or asbestos onto the project.
G., Contractor Indemn"Ification and Claims
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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 in�demnificationi, of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Benefic'mHes
(1) The CITY agrees to, include the following clause in all contracts with
construction contractors and equipment or materials suppliers-.
I
"Contractors, subcontractors and' equ I ipment and materials
suppliers on the PROJECT, or their sureties, shall maintain!
no direct action against the ENGINEER, its officers,
employees,, and subc,onitractoirs, for any cla,im arising out of,
in connection with, or resulting from the engineering
services performed. Obly 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
Cif any right the CITY has to bring a cla,im against ENGINEER.
1. Cifty'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/Installatio i
n insurance s
maintained at the rep!l!aceme,nt cost value of the PROJECT., The CITY may
provide ENGINEER a copy of the policy or documentation of such on a
certificate of insurance.
(3) The CITY will specify that the Builld'ers leis Installation insurance
shall be comprehensive in coverage appropriate to the PROJECT risks,.
J. L"Itigation 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
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requests such services of the ENGINEER, this AGREEMENT' shall be
amended or a separate agreement will be negotiated between the parties.
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.
ArUcle 11
General Legal Provisions
Amendments to Article VI, if any, are included i�n Attachment B.
A. Authod'zation 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, specifi cations, 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.
C. Force Majleure
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 theENGINEERthat prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for
convenience on 310 days,' written notice. This AGREEMENT may be
terminated by either the CITY or the ENGINEER for use 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
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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,
specifi cations or other forms of ENGINEER'S work product;
b.) Olut7Of-pocket expenses, for purchasing electronic data files,
and other data storage supplies or services;
Cr.) The time requirements for the ENG,INEER'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 tin e
storage.
(3) Prior to proceeding with termination services, the ENGINEER
will submit to the CITY an itemized' statement of all termination expenses.
The CITY'S approval will be obtained in writ-in g prior to proceeding with
termination services.
E. Suspension, Delay, or Interruptiorli 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 ENGINEERS personnel and subcontractors,
and ENGI NEE R'Si compensation will be made.
I
Fl. Indemnification
In accordance with Texas Local Government Code Section 2,711.904, the
, .1
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.
GI. Assignment
Neither party shall assilgin all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretati"on
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Li itations on liability and i'nd'emnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort includ�ing
negligence, strict or statutory liability; or any other cau�se of action, except for
willfull misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents,, and subcontractors.
1. Jurisd"Iction
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 unenforceabil'it,y will not affect any other provision, and this
AGREEMENT sihall' be construed as if such invalid, illegal,, or unenforceable
provision had never been contained herein., Articles V.I ., VII.B., VI.D., vl.F,.,
VI.H., and VI.l. 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 reigluilations and with all City ordinances and regulations whichl, 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. ENGINEER agrees to defend, indle,n-inify and
held harmless CITY and al!l of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinancel, or regulation, whether it be by itself or its employees,.
Article V11
Attachments, Schedules, and Signatures,
This AGREEMENT it its attachments and schedules, constitutes, the entire
AGREEMENT, supersedes all prior written 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.:
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Attachment A-Scope of Services, Compensation, and Schedule
Attachment B -Amendments to Standard Agreement for Engineering Services
Executed and effective this the 31f- Aday of 1 :3.
20
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ATTEST-. CITY OF FORT WORTH.-
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I 000 V.F
aft
By
K %'Fernando Costa
M ayse AOL
City Secretary 0 ssistant City Manager
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APPROVED AS TO FORM AN E IT IRO,VAL RECOMMENDED:
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By.- Z
Duugfa-sJ*.-&aQk-4 m"'e PE
16 o�Vjt Dou6la . "'iris,
Assistant City Attorney Dlirecto ransportatilon andY
ly
Public Works Department
M&C No.: C-26219 ENGINEER.-
M&C Date.- May T 2013 Blym-R-/Carl 1�—ee, S.E.T
Principal
0 OFFICIAL RECORD
V"CIAL V
ORO
ARY
SF
OC
,Ivry SECRETAR
'T
jopt Ji If
Construction Materials,Testing Services for Public Safety Training Center(May 2013) n arm,Ixe i of 16
.WOR
C Engirt ring,Inc.
ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached C Engineering, Inc. letter dated March 14, 201�3, subject:
Cost Estimate, Construction Materials Testing Services for Fire and Police Training
Center, Fort Worth,, Texas. If any conflict arises between the Attach menu/Exh ib its and the
Agreement, the terms of the Agreement shall control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
Construction Materials Testing Services for Public Safety Training Center(May 2,013): Page 16 of 16
CI" J Engineering,Inc.
it
7636 Pebble Drive
� Fort Wordi,Texas 76118
Miengr.coin
Cost Estimate No,13-047C
; 3-0470
March 14, 2013
City of Fort Worth Trans oratl'on & Pu l c Works
Attn: Tack Durha�rin, Constructl'on Superintendent
1 0010 Throckmorton Street.
Fort Werth, TX 761!;0
email.- jack.durham@fortworthtexas.gov
fdrworthtexas.gov
COST ESTIMATE
CONSTRUCTION A RIA S TES �IN�G SERVICES FOR
"IRE AND POLICE TRAINING CENTER
FORT WORTH, "EXA
Dear Mr. Durham,1
We are pleased to submit this proposal for providing construction materials engineering services
on the above referenced project..
Spope off" or
Our scope of service is based on our conversation regarding the subt-pitted project testing
quantities, testing needs and our experience on similar projects. We propolse to serve this project
on a call cut, as needed basis.
arwor
Laboratory testing of existing subg�rade, fill, back fill and stabilized pavement subgrade materials;
in-place moisture/density testing of sar e. In-place sieve anal) sis of stabilized pavernent
subgrade.
Drilled Piers
Full time excavation observation, 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 molding of test cylinders. Laboratory
curing and testing of cylinders.
Sfruc"!tu'ral Steel
On-site visual inspection and testing of field welded and bolted c onnections by A S Certified
Welding Inspector, can-site ultrasonic testing of full-penetration gelds by ANSI certified Non-
Destructive testing technician.
Phone(817)284_9400 Fax(8,17)589-9993 Metro 17 589-9992
CMJ ENGINEERING,INC.
City of Fort Wclrth 'Transportation & Public Works Cost Estimate No, 13- C
Fire and Police Training Center March 14, 2013
Fort Worth; TX
Page 2
Project Buds of
Based upon our understanding of your needs, we have taken the submitted testing quantities
and extrapolated a reasonable distribution of the same with adjustments to the number of
proctors and lime series. All fees for services, performed which do not appear on the budget
attachment will be based on the city's standard fee schedule. The final charges will be a
function of the total services performed, No additional test's or inspections have been included
for work failing to meet project specifications. All charges for laboratory services are, F.O.B. our
laboratory.
Invoices will be submitted for these services on a monthly basis. These will be due and payable
upon receipt.
C
CMJ Engineering, Inc. appreciates the opportunity to submit this proposal.
Respectfully,
CMJ ENCINEERINGr INC.
R. Carl: Lee, S.E.T.
Executive Vice President
s
X
nw
7'636 Pebible Drive
d Fort Worth,Texas 76118
Ted. (81 2 Fax. (817) M� 9 +w� r3
NMI
City of Fort Worth Transportation & Public Works
Cost Estimate No. 13-0470
March 1 , 2013
ESTIMATE
CONSTRUCTION MATERIALS TESTING SERVICES FOR
FIRE AND POLICE TRAINING CENTER
O '� T TEXAS
DESCRIPTION T' '
Earthwork
H Lime Series (Fades and Grim et od) 3 210*001 each 63 .00
Moisture/Density Relations(AST' 1 150.00 each 11 0 w
Liquid & plastic Limit(AST 31 50.00 each 400*
Liquid&Plastic Limits Additive 55.00 each $ 22000
Material Sampling Technician, Mlin. 3 lours/trip)' 1 42.00 lour, 0.
Earthwork Technician First 1.5 hours) 237 1 65.00 hour 391,1 05.00
Earthwork Technician (Additional ours) 1 47.00 each 89,300.00
Vehicle Trip Charge 237 $ 35.00 trip 8,295.00
Estimated ated T''+ tal for Fart p ork Services 1401380-00
Pier Iris e ction
Engineering Technician for bier Inspections 50.00 hour
Ve icle Trl Charge 35.00 trip
Concrete Inspection
Concrete Test Cylinders (ASTM C31,/39 16.00 each 32,000".00
Concrete Technician, in., 3 hours/trip) 1900 $ 40,,00 leer 76,000.010
Concrete Technician niciar vert im 950, 57. each 54,150.00
'Vehicle Trip Charge 235 $ 35.00 trig 81225,
Estimated Total for Concrete Inspection Services: 170,3 5.00
Structural Steel Observation
Structural Steel Inspection by,CW1 iron 4 hours/trip) 1 65.00 lour 1 t .
'Vehicle Trip Charge 20 $ 35.00 trip
Estimated Total for Structural Steel Services:, I'l 00.010
Estimated Total for Abovel Testing and Inspection Services: $
Nolte
Overtime rates of 1.5 times the regular Dourly rate will be charged for hours worked over eight lours per day. All lad and
field services performed on Saturday r Sunday, will be billed at 1,5 tires the, regular rate. All services performed on
recognized holidays will be billed at 111.5 times the regular rate.
t
City ofFort Worth, Texas
Mayor a o uni�cation
J. �..s�.�.v.�,.,.��.,d ,w...n.,..i.,r r.. ✓r.r ...r..a...i .,��.�..,. .,... ....................... .�..�.,�,.....,..,.....,, .4.�li. n,.w�, ., ..,,.., .s n......, V.lA;e,� v r
COUNCI L ACTION Approved on 5/7/204
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DATE.- Tuesday, May 07, 2013, REFERENCE NO.: **C26219
2621
LOIG NAME: 06PSTC MATERIALS TESTING CONTRACT
SUBJECT:
Authorize Execution of an Engineering Agreement with CIVIJ Engineering,, Inc., in the Amount of
$321,855.00, for Materials Testing Associated with the New Public safety Training center and Provide for
Contingencies,for a Total Project cost in the Amount of$350,000.00 (COUNCIL DISTRICT ICT g'
RECOMMENDATION:
It is recommended that the city council authorize -the eiixecution of an engineering Agreement with CMJ
Engineering, Inc., in the amount of$3�21I�,855.00 for materials testing associated with the new Public
Safety Training Center.
DISCUSSION:
State lair requires, that the City provide for materials testing on a design-build project such as, this. site
dernolition and earth�wolrk are underway at the Public safety Training center project. This Mayor and'��
Council Communication i will provide for materials testing throughout the duration of the construction on an
as ne!eded/on call. basis. Funding for this materials testing contract comes from the previously
apipropr�iated project budget amount (M&C, C-25798)., The Design-Buiildeiir consents to this, action. staff
will be working with the design-build team to coordinate materials testing.
CMJ Eng,inee,ring, Inc., is one of the City's annual-contract geoltechnical and construction material testing
firms and was selected for this project in part due to, its prior service to, the city.
Additional funds in the amount of$28,145.00, are being reserved for contingencies for a total project cost
in the amount of$
M/WB,E office: A waiver for SBIE subcontracting requirements, was requested by the Transportation and
Pubilic Works Department and approved by the MIWBE Office because the purchase of goods or services
from s!ources ,where subcontracting or supplier opportunities are neg�ligible.
The project is physically located in COUNCIL D::IST ICT g but will serve Fort Forth residents in ALL
COUNCIL DISTRICTS.
FISCAL, INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the cu�rrent capital
budget, as appropriated, of the Public safety,Training Facility Fund.
FUND CENTERS:
TO Fund�,/Accounticenteirs F' o M F'uind/A000unt/centeirs
C236 531060 0690170198730 $3,50,000-00
Logna e: 061PSTC MATERIALS TEST�1NG CONTRACT Page t of
C;ER"ll"IFICAT]Q,NIS':11
S rbmitte d for City Mara pr's Office by. Fernando Costa (6122)
Orig,inafing Department Head. Randle Ha (6 101)
Additional Information Contact: Mark Rausc br (2446)
ATTACHMENTS
1. PMO PuUic Safety Train CIr MWBE C M 'M M Mat Test Waiver 21 Marl (C FW Internal)
Lo n ee 061PSTC MATERIALS TESTING CONTRACT' Page 2 of 2