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HomeMy WebLinkAboutRes 2024-02-1593 Contract with CMJ Engineering for Materials Testing on the Hurricane Creek Regional Wastewater Treatment Plant ProjectCITY OF ANNA, TEXAS RESOLUTION NO, 20 0N - 02 - ?5Q3 A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CMJ ENGINEERING FOR MATERIALS TESTING ON THE HURRICANE CREEK REGIONAL WASTEWATER TREATMENT PLANT PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED AND SEVENTY-NINE THOUSAND EIGHT HUNDRED AND EIGHTY-TWO DOLLARS AND ZERO CENTS. ($179,882.00); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Regional Wastewater Treatment Plant is listed as a capital improvement project in the City of Anna's Capital Improvement Plan; and, WHEREAS, the proposed material testing is required for the construction of the Hurricane Creek Wastewater Treatment Plant and to ensure proper subgrade and foundation for the proposed grading, paving, and structures associated with the project; and, WHEREAS, Utility bond funds shall be used to fund the contract in an amount not to exceed $179,882. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a contract in an amount not to exceed $179,882 to CMJ Engineering for the material testing of the Hurricane Creek Regional Wastewater Treatment Plant Project. That funding for the project shall come from the Utility Bond Funds and shall not exceed $179,882. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this I day of February 2024. ATTEST: City Secretary, Carrie Land APPROVED e'l Nate Pike C i1i J Engineering Estimate No.: 24-021 January 11, 2024 City of Anna Attn: Mr. Justin Clay, CPM 120 West Th Street Anna, Texas 75409 ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR HURRICANE CREEK WATER RECLAMATION FACILITY AND TEMPORARY TREATMENT FACILITY ANNA,TEXAS Dear Mr. Clay, 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 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. 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 $290 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. CI'I P 817 284.9400 7636 Pebble Drive A F: 817.589.9993 Fort Worth, Texas 76118 CMJ ENGINEERING, INC. City of Anna Estimate No. 24-021 Hurricane Creek Temporary Treatment Facility January 11, 2024 Anna, Texas Page 2 Earthwork Laboratory testing of existing subgrade, fill, backfill, select fill and stabilized pavement subgrade materials; in -place moisture/density testing of same. In -place sieve analysis of stabilized pavement subgrade. 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. 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 $290 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. 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 Vice President Cill J Will Avila Project Manager P: 817.284.9400 I 7636 Pebble Drive F: 817.589.9993 Fort Worth, Texas 76118 AASH O C Itl 7636 Pebble Drive it ineering Fort Worth, Texas 76118 - 9 Tel: (817) 284-9400 Fax: (817) 589-9993 City of Anna Estimate No. 24-021 ESTIMATE January 11.2024 CONSTRUCTION MATERIALS TESTING SERVICES FOR HURRICANE CREEK TEMPORARY TREATMENT FACILITY ANNA,TEXAS DESCRIPTION Earthwork Slake Sieve Analysis (TEX 101/110E) Moisture/Density Relations (ASTM D698) Oversize Rock Correction (ASTM D4718) Liquid & Plastic Limit (ASTM D4318-13) Laboratory Sieve Analysis (ASTM C117, D1140) Laboratory Sieve Analysis (ASTM C136) Earthwork Observation/Testing Including all Non -Test Pit In -Place Moisture/Density Testing by ASTM D6938 (Min. 5 Hours/Trip) Additional Fee -Test Pit In -Place Moisture/Density Testing Nuclear Density Gauge Fee (Daily) Vehicle Trip Charge Estimated Total for Earthwork Services: Concrete ObservationlTestin NO FEE UNIT AMOUNT 4 $ 235.00 each $ 940.00 10 $ 207.00 each $ 2,070.00 4 $ 154.50 each $ 618.00 10 $ 72.00 each $ 720.00 6 $ 82.00 each $ 492.00 10 $ 98.50 each $ 985.00 1439 $ 85.50 hour $ 123,034.50 0 $ 18.00 each $ - 131 $ 54.00 each $ 7,074.00 132 $ 165.00 trip $ 21,780.00 $ 157,713.50 Concrete Test Cylinders (ASTM C31/39 - 4" x 8" - Min. 5/Set) 125 $ 25.00 each $ 3,125.00 Concrete Testing Technician (Min. 5 hours/trip) 105 $ 59.50 hour $ 6,247.50 Reinforcing Steel Observation without Testing (Min. 5 Hours/Trip) 37 $ 80.00 hour $ 2,960.00 Cylinder Pick Up 14 $ 297.50 each $ 4,165.00 Vehicle Trip Charge 33 $ 165.00 trip $ 5,445.00 Estimated Total for Concrete Observation/Testing Services: $ 21,942.50 Hourly Office Services Project Manager - Initial Project Setup 2 $ 113.00 hour $ 226.00 Estimated Total for Hourly Services: $ 226.00 Estimated Total for Above Testing and Observation Services: $ 179,882.00 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 CMXs 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. All compliance letter requests shall be made with sufficient notice to allow for a minimum of 10 businesses to complete the required report reviews and letter completion. 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 $1.35/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 $290 insufficient notice fee or actual rescheduling costs if greater. 11. All test -pit moisture -density testing will be charged a $18.00 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. TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and the City of Anna, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached ESTIMATE identified as ESTIMATE No. 24-021 dated January 11, 2024, and any exhibits or attachments noted in the ESTIMATE. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. STANDARD OF CARE CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CMJ will be based solely on information available to CMJ. CMJ is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed. Services performed by CMJ under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license. (this is called the "Standard of Care"). The Standard of Care shall solely govern CMJ's performance of the Services. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of CMJ's services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the site. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the ESTIMATE. CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CMJ will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CMJ arising from damage done to subterranean structures and utilities not identified or accurately located. SAMPLE DISPOSAL CMJ will retain samples transported to the geotechnical laboratory for testing for a period of thirty (30) days following submission of the report covering those samples. Further storage or transfer of samples can be made at CLIENT'S expense upon CLIENT'S prior written request. MONITORING If CMJ is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the ESTIMATE, then this phrase applies. For the specified assignment, CMJ will report observations and professional opinions to CLIENT. No action of CMJ or CMJ'S site representative can be construed as altering any AGREEMENT between CLIENT and others. CMJ will report to CLIENT any observed geotechnically-related work which, in CMJ'S professional opinion, does not conform with plans and specifications. The CMJ has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CMJ'S presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction -related services. CMJ will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement or CLIENT, or safety precautions and programs incident thereto. BILLING AND PAYMENT CLIENT will pay CMJ in accordance with the procedures indicated in the ESTIMATE and its attachments. Invoices will be submitted to CLIENT by CMJ, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CMJ in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. In the absence of written notification described above, the amount as stated on the invoice will be paid. TERMS — Page 1 of 3 ESTIMATE No.: 24-021 CMJ ENGINEERING, INC. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. At the option of the CMJ, CLIENT will pay an additional charge of one -and -one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, except for any portion of the invoiced amount in dispute and resolved in favor of CLIENT. Disputed amounts withheld by the client which are subsequently resolved in favor of the CMJ will carry the additional charge, as described above, effective thirty (30) days from the date of the original invoice. In the event CLIENT fails to pay CMJ within sixty (60) days after invoices are rendered, CLIENT agrees that CMJ will have the right to consider the failure to pay the CMJ's invoice as a breach of this AGREEMENT. This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by the other party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CMJ will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to the cost of completing analyses, records, and reports necessary to document job status at the time of termination. NON -SOLICITATION OF CMJ ENGINEERING AND TESTING, INC. EMPLOYEES, CLIENTS, and PROSPECTS CLIENT recognizes CMJ's legitimate interest in protecting CMJ's relationships with its employees. Accordingly, CLIENT agrees that, during the CLIENT's engagement with CMJ, CLIENT shall not engage in any conduct which could in any way jeopardize or disturb any relationship of CMJ with any employee. CLIENT further agrees that CLIENT shall not, at any time during the Term of this Agreement and for a period of twelve (12) months following the termination of the Agreement (i) directly or indirectly, solicit, attempt to solicit, induce, offer employment to, hire, or otherwise retain any individual employed with CMJ during the aforementioned period INJUNCTIVE RELIEF CLIENT recognizes that the rights and privileges granted to CLIENT by this agreement and CLIENT's corresponding obligations to CMJ are of a special, unique and extraordinary character, the loss of which may not be reasonably or adequately compensated for in damages in any action at law. Accordingly, CLIENT understands and agrees that CMJ shall be entitled to seek equitable relief, including a temporary restraining order and preliminary and permanent injunctive relief, to prevent a breach of any other section in this Agreement. This entitlement shall not be construed as limiting CMJ's remedies at law or in equity. RISK ALLOCATION Many risks potentially affect CMJ by virtue of entering into this AGREEMENT to perform professional engineering services on behalf of CLIENT. The principal risk is the potential for human error by CMJ. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CMJ'S liability, CLIENT agrees to limit CMJ'S liability to CLIENT and to all other parties for claims arising out of CMJ'S performance of the services described in this AGREEMENT. The aggregate liability of CMJ will not exceed the amount of the CMJ'S fee for negligent professional acts, errors, or omissions. Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CMJ as a third -party defendant. Parties means CLIENT and CMJ and their officers, employees, agents, affiliates, and subcontractors. Both CLIENT and CMJ agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CMJ and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CMJ to take immediate measures to protect health and safety. CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENTwhen unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. TERMS — Page 2 of 3 ESTIMATE No.: 24-021 CMJ ENGINEERING, INC. CLIENT will be responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. INDEMNIFICATION CLIENT shall indemnify and hold harmless CMJ, its officers, directors, agents, and employees from and against all claims (including negligence), damages, losses, and expenses, including but not limited to reasonable and necessary attorney's fees, arising out of or related to the work or services of the CLIENT or its agents, employees, consultants and contractors of any tier or any third party under the client's control. Notwithstanding the foregoing, except for claims for bodily injury or death of the CLIENT, its agents, or its subcontractors of any tier, CLIENT shall not be required to indemnify or hold harmless CMJ against a claim caused by negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract by CMJ, its agents or employees, or any third parry under CMJ's control, other than the client or its agent, employee, or subcontractor of any tier. DISPUTE RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation instead of ADR as provided above, then: (1) the claim will be brought and tried in judicial jurisdiction of the court of the county where CMJ's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and (2) the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees, and other claim related expenses. GOVERNING LAW AND SURVIVAL The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability and indemnities will survive termination of this AGREEMENT for any cause. The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT. 40001�•� An, CLIENT CbMPANY NAME ENTSIGNA RE 2446 44MJ0481N CLIC Ef�ED NAME Cif,re.�.•� POSITI N DATE CMJ ENGINEERING. INC. iC yTt i&I i SIGNATURE ANGIE M. MCCULLOUGH POSITION January 11, 2024 DATE TERMS — Page 3 of 3 ESTIMATE No.: 24-021 CMJ ENGINEERING, INC.