HomeMy WebLinkAboutContract 49335 CITY SECRETARY, i
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
CMAR CONSTRUCTION CONTRACT(LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the ' '� day of A.D., 2017, by and between the
CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under
and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of
December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said City, hereinafter called OWNER, and HM & MF Ltd., d/b/a Muckleroy& Falls of the City of
Fort Worth, County of Tarrant, State of Texas, hereinafter called CONTRACTOR.
CONTRACT DOCUMENTS: This Contract, Instructions to Offerors, and Specifications to be added by the
Architect at a later date are attached hereto and incorporated herein, are made a part of this Contract for
all purposes. In the event of any conflict between the terms and conditions of General Conditions,
Instructions to Offerors, Como Community Center Project Proposal Form and Plans and Specifications
and the terms and conditions set forth in the body of this Contract, the terms and conditions of this
Contract shall control.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows: QM 1 2 3 4 S
City of Fort worth ^`1' RECEIVED
Como Community Center
4300 Halloran Road o JUL 2 5 2011
Fort Worth, Texas CP CITY OF FORT WORTH ti
PMD2014-10 CIIYSECRETARY
ya
b t d
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the Pre-Construction Services of said project. The Contractor
hereby agrees and binds himself to commence said work within ten (10) days after being notified in writing
to do so by the Owner.
Contractor shall be compensated in accordance with the Fee Schedule shown in section (3) of this article.
As described in Attachment "A". However the total fee paid by the City shall not exceed a total of
$18,000.00 unless the City and the Architect mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
The agreed upon estimated construction budget amount shall be in the approximate range of
$9,000,000.00 to $10,000,000.00 to be determined during the design process.
The performance periods in calendars days will be determined when the Guaranteed Maximum Price is
agreed upon.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Como Community Center Project Page 1 of 35
CMAR—Muckleroy&Falls May 2017
Insurance Requirements:
All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon.
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public
liability insurance coverage in the form of a Commercial General Liability insurance policy
to cover bodily injury, including death, and property damage at the following limits:
$1,000,000 each occurrence and $2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall be endorsed
accordingly.
• The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the
project and commensurate with the contractual obligations specified in the contract
documents.
e. EXCESS LIABILITY UMBRELLA:
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability insurance
required herein. The policy shall follow the form(s) of the underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or by
anyone directly or indirectly employed by it, against any insurable hazards which may be
encountered in the performance of the Contract.
Como Community Center Project Page 2 of 35
CMAR—Muckleroy&Falls May 2017
g. PROOF OF CARRIAGE OF INSURANCE:
The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem
acceptable. All insurance requirements made upon the Contractor shall apply to the sub-
contractors, should the Contractor's insurance not cover the subcontractor's work
operations performed in the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the
contracted project.
C. Any failure on part of the Owner 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 Owner 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 ANN or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000. per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
Treatment measures through insurance pools or risk retention groups. The Owner must
approve in writing any alternative coverage.
h. 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 Owner.
i. Owner shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to Owner'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.
I. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
Como Community Center Project Page 3 of 35
CMAR—Muckleroy&Falls May 2017
M. Upon the request of Owner, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of
the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and
Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Prices (GMPs)
for Phases I and II are agreed upon, the successful Offeror entering into a contract for the work will be
required to give the City surety in a sum equal to the amount of the contract attributable to each phase.
The form of the bond shall be as herein provided and the surety shall be acceptable to the City, All bonds
furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended.
Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project.
City of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the
Contractor and his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in four counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the,46 day y .D., 2017.
HM & MF Ltd., d/b/a APPROVED:
Muckleroy& Falls Y OF�FOJRTT!WORTH
By: By: �✓. (�
r
Taylor Hale Je s J. Chapa
Vice President Assistant City Manager
APP 0 R COMM D: REC ED:
By: By. _
c'flZ Stev Cooke, PE Mary J. Kay
Director, Property Management Dept. City Secretary �C3F. R1'
APPROVED AS TOf ORM AND LEGALITY: M&C C-Number not re
Contract Authorization .�
By:
Strong
Assistant City Attorney CJ(AS
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
Brian R. Glass, AIA OFFICIAL REC
Architectural Services Manager CITY SECRE7]TX
FT.WORTH
Como Community Center Project Page 4 of 35
CMAR—Muckleroy&Falls May 2017
�J MUCKLEROY & FALLS ATTAHCMEN 'A'
5801 EDWARDS RANCH RD.,SUITE 100,FORT WORTH,TX 76109 P 817 877 3510 F 817 877 5650 MUCKLEROYFALLS.COM
Preconstruction Services
A. Preconstruction Services: Preconstruction services to be provided by Contractor
include,but are not limited to,cost estimating,value engineering,scheduling,
construction phasing,constructability review,input from key subcontractors as to
building systems,and means&methods of construction. Preconstruction is
expected to last five months.
Contractor will perform pre-construction services in conjunction with the Architect
and Owner's Representative to detect design problems that could affect cost or
constructability,propose effective solutions,provide reasonably accurate and
updated construction cost estimates throughout the pre-construction phase and
monitor these estimates to help ensure that to the greatest extent practicable the cost
to construct the Project as designed will not exceed the estimated construction
budget.
More specifically, Contractor will:
1. Provide scheduling and estimating services:
a. Building on the general conditions/ fee submitted with the RFP,M&F
will provide a conceptual estimate from preliminary plans based on
historical costs adjusted to location and time as a control budget. This
control budget will be reviewed by the project team,modified as
required,and developed into a mutually agreeable budget itemized
into cost systems for each component.
b. Prepare preliminary estimates for each phase of the work as information
becomes available (once at completion of DDs, once at 50% CDs). The
control budget will be revised and updated accordingly.
C. Provide value engineering input by reviewing conceptual and working
drawings during their preparation focusing on construction methods
and details. Cost analyses of design options will be carried out and
recommendations made for alternatives to be included in the bid
packages.
d. Evaluate market conditions and schedule bid calls to obtain the
most competitive prices commensurate with overall project
scheduling.
e. Prepare a preliminary schedule following initial review of the project.
This schedule will contain activities integrating the whole team to
include permits,approvals, design development,bid packages and
construction. Schedule will be provided for Owner's approval in
conjunction with the preliminary drawings and conceptual estimate.
f. Monitor progress on both design and other preconstruction activities
with regular reports indicating the responsibility for any corrective
action.
2. Provide constructability review of the bid documents. This review will verify
and help identify any problems in the following areas:
u
MUCKLEROY & FALLS
5801 EDWARDS RANCH RD.,SUITE 100,FORT WORTH,TX 76109 P 817 877 3510 F 817 877 5650 MUCKLEROYFALLS.COM
a. Reasonableness of work sequence,interface relationships,and periods
of performance.
b. Adequacy of lead times for material and equipment procurement.
C. Accuracy of job-site description and depiction of conditions.
d. Degree of site restrictions and adequacy of access,work areas and
disposal sites.
e. Availability of utility connections for construction.
f. Consideration of the impact of adverse weather on the CPM schedule
and milestone operations.
g. Impact upon and plans for pedestrian and vehicular traffic and
ongoing operations.
3. Work with Owner to update the preliminary (RFP)Site Plan that will
provide additional logistics guidelines and detail. The Site Plan will
include:
a. Location of temporary trailers,temporary toilets,lunchrooms,etc.
b. Location of gas lines and power services.
C. Material storage areas.
d. Access roads and gates.
e. Temporary fencing and gates.
f. Consultant's office,testing labs,etc.
g. Footprint of the building,existing street,overhead lines,fire hydrant,
vaults, traffic signals,bus stops,other buildings,utilities(e.g. gas,
water, sewer)and items to be protected (e.g.trees).
h. Worker parking during construction.
i. Safety/first aid locations including emergency meeting place and
safety bulletin board.
j. Hazardous Storage i.e.gasoline,oxygen,acetylene,PCB's,paint,etc.
k. Outline of excavation/shoring.
1. Property lines.
m. Special Conditions (phased areas,prohibited areas,environmental
issues, dewatering,etc).
n. Emergency shutoffs.
o. Public protection,safety,and,if impacted,flow
(pedestrian/vehicle) around project.
4. Compensation: Owner shall pay Contractor for Preconstruction
Services as follows:
Estimator.................................................................$ 125.00/ per hour
Printing and Duplication..................................Cost Plus 15%
*Preconstruction Services not to exceed ............$ 18,000.00