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HomeMy WebLinkAboutItem 04 - 2004 Undersized Water Line ImprovementsMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM / . 4�� HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, ACTING CITY MANAGER 'qj�Z- OCTOBER 11, 2005 TESTING SERVICES CONTRACT AMENDMENT — 2004 UNDERSIZED WATER LINE IMPROVEMENTS City Council to consider: • Ratifying the original testing services contract with CMJ Engineering, Inc. relative to the 2004 undersized water line project in an amount of $9,090.00 previously approved by staff; • Ratifying the first contract amendment to the existing testing services contract in an amount of $5,880.00 previously approved by staff; • Approving a second contract amendment in the amount of $4,071.00 for additional trench backfill testing; and authorize staff to execute said amendment, and take any necessary action. FUNDING SOURCE: TOTAL Budget Engineering Construction Contingency TOTAL $995,476.00 $19,041.00 100.00% Amount Award Percent $79,385.00 7.98% $737,180.00 $19,041.00 74.05% $178,911.00 17.97% $995,476.00 $19,041.00 100.00% 0:\agenda\10-11-05/CMJ Testing Amendment 2004 water line improvements October 5, 2005 (9:54AM) Funding Source Account Amount Award Percent 95 Utility Bonds 200-48930-534-1-000014WA $196,353.28 19.723/.- 9.72%96 96 Utility Bonds 200-48930-534-2-000004WA $321,087.58 32.26% 97 Utility Bonds 200-48930-534-3-000004WA $178,627.06 17.94% 99 Utility Bonds 200-48930-534-5-000013WA $275,761.36 $19,041.00 27.70% 01 Utility Bonds 200-48930-534-7-000008WA $23,646.72 2.38% TOTAL Budget Engineering Construction Contingency TOTAL $995,476.00 $19,041.00 100.00% Amount Award Percent $79,385.00 7.98% $737,180.00 $19,041.00 74.05% $178,911.00 17.97% $995,476.00 $19,041.00 100.00% 0:\agenda\10-11-05/CMJ Testing Amendment 2004 water line improvements October 5, 2005 (9:54AM) The original contract was approved by staff on December 21, 2004 for the testing of the existing backfill on the 2004 undersized water line improvements project. The first contract amendment was approved by staff on March 28, 2005 for additional backfill testing. Staff, with City Council approval, has increased the scope of the waterline construction project to include additional undersized lines needing replacement. The second testing services contract amendment is necessary for the trench backfill testing on the additional lines in the amended construction contract. Staff recommends approval. 0:\agenda\10-11-05/CMJ Testing Amendment 2004 water line improvements October 5, 2005 (9:55AM) -0cmi ENGINEERING, INC. City of Grapevine Attn: Mr. Curtis Bergthold P.O. Box 95104 Grapevine, TX 76099 Dear Mr. Bergthold, 7636 Pebble Drive Fort Worth, Texas 76118 www.cmjengr.com Estimate No.: 05-1630 August 26, 2005 SEP - S 2005 ADDITIONAL SERVICES COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR GRAPEVINE WATERLINE IMPROVEMENTS GRAPEVINE, TEXAS We are pleased to submit this cost estimate for providing construction materials engineering services on the above referenced project. Scope of Work Our scope of service is based on our conversation together regarding project quantities and testing frequencies. We propose to service this project on an as -needed basis. Trench Backfill Laboratory testing of existing backfill; in-place moisture/density testing of same. Proiect 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. No additional tests or inspections have been included for work failing to meet project specifications. All charges for laboratory services are F.O.B. our laboratory. The prices provided for the scope of work will remain valid for forty-five (45) days from the date on this cost estimate. Invoices will be submitted for these services on a monthly basis. These will be due and payable upon receipt. CMJ Engineering, Inc. appreciates the opportunity to submit this cost estimate. We invite you to review our scope of work and fees. Following your authorization, we are ready to begin work and look forward to providing you with our services. Respectfully, CMWalTesitingMan'a'ger ING, C. Stev Mat AGqarrettE. Williams, P.E. Senior Vice President Phone (817) 284-9400 Fax (817) 589-9993 Metro (817) 589-9992 CMJ Engineering, Inc. Cost Estimate No.: 05-163C August 26, 2005 ADDITIONAL SERVICES COST ESTIMATE CONSTRUCTION MATERIALS TESTING SERVICES FOR GRAPEVINE WATERLINE IMPROVEMENTS GRAPEVINE, TEXAS DESCRIPTION NO FEE UNIT AMOUNT Earthwork In -Place Moisture/Density Tests (ASTM D2922/3017 - Min. 3/trip) 69 $ 18.00 each $ 1,242.00 Engineering Technician (Min. 3 hours/trip) 69 $ 36.00 hour $ 2,484.00 Vehicle Trip Charge 23 $ 15.00 trip $ 345.00 Estimated Total for Further Additional Earthwork Services: $ 4,071.00 Initial Cost Estimate #04-208C (12.6-04) plus Additional Services Cost Estimate #05-117C (3-22.05): $ 14,970.00 Total Estimate: $ 19,041.00 Notes: 1. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over ten (10) hours per day or hours worked before 7:00 am and/or after 5:00 pm Monday thru Friday. All lab and field services performed on Saturday or Sunday, will be billed at 1.5 times the regular hourly rate. All services performed on recognized holidays will be billed times the regular rate. c ^I[ 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. 3. A minimum of three (3) hours technician time and vehicle trip charges will be billed for each call out, sample pickup or or specimen pickup unless noted otherwise. 4. Technician time is charged portal-to-portal from our Fort Worth office. 5. Additional tests not specified in this fee schedule will be quoted upon request. TERMS FOR CONSTRUCTION MATERIALS TESTING SERVICES THE AGREEMENT This AGREEMENT is made by and between CMJ ENGINEERING, INC., hereinafter referred to as CMJ, and City of Grapevine, hereinafter referred to as CLIENT. The AGREEMENT between the parties consists of these TERMS, the attached COST ESTIMATE identified as Cost Estimate No. 05-163C dated August 26, 2005 and any exhibits or attachments noted in the COST 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 level of care and skill ordinarily exercised by members of the CMT LABORATORY profession practicing contemporaneously under similar conditions in the locality of the project. Under no circumstance is any warranty, expressed or implied, made in connection with the providing of CMT LABORATORY services. SITE ACCESS AND SITE CONDITIONS CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CMJ to perform the work set forth in this AGREEMENT. CLIENT will notify any and all possessors of the project site that CLIENT has granted CMJ free access to the site. CMJ will take reasonable precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage is not part of this AGREEMENT unless so specified in the COST 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 COST 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 COST 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. 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. TERMS — Page 1 of 2 Cost Estimate No.: 05-163C CMJ ENGINEERING, INC. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS CLIENT represents that CLIENT has made a reasonable effort to evaluate if hazardous materials are on or near the project site, and that CLIENT has informed CMJ of CLIENT's findings relative to the possible presence of such materials. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. CMJ and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CMJ and CLIENT also agree that the discovery of unanticipated hazardous materials ' may make it necessary for CMJ to take immediate measures to protect health and safety. CLIENT agrees to compensate CMJ for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. CMJ agrees to notify CLIENT when unanticipated hazardous materials or suspected hazardous materials are encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CMJ harmless for any and all consequences of disclosures made by CMJ which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT'S responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials. Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CMJ arising from CMJ'S discovery of unanticipated hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of the project and any cost associated with possible reduction of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by CMJ which are found to be contaminated. This includes any soil or rock cuttings, and contaminated drilling or wash water which is generated as a consequence of drilling activities. DISPUTES RESOLUTION All claims, disputes, and other matters in controversy between CMJ and CLIENT arising out of or in any way related to this AGREEMENT will be submitted to "alternative dispute resolution" (ADR) before and as a condition precedent to other remedies provided by law. If and to the extent CLIENT and CMJ have agreed on methods for resolving such disputes, then such methods will be set forth in the "Alternative Dispute Resolution Agreement" which, if attached, is incorporated into and made a part of this AGREEMENT. If no specific ADR procedures is set forth in this AGREEMENT, then it shall be understood that the parties shall submit disputes to mediation as a condition precedent to litigation. 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. CMJ AINEERING, INC. CLIENT v By: By: Garrett E. Williams, P.E. Senior Vice President Position Position August 26 2005 Date Date TERMS — Page 2 of 2 Cost Estimate No.: 05-163C CMJ ENGINEERING, INC.