HomeMy WebLinkAboutContract 49573 CITY SECRETARY
CONTRACT NO. —
CITY OF FORT WORTH, TEXAS
CMAR PRE-CONSTRUCTION SERVICES 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 August 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 Thos. S. Byrne, Inc. of the City of Fort Worth, County of Tarrant, State of
Texas, hereinafter called CONTRACTOR.
CONTRACT DOCUMENTS: This Contract, Scope of Services - Attachment "A" and Signature
Verification Form - Attachment "B", 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, PARD Service 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 describeQ� Ss
City of Fort Worth N
PARD Service Center RECEIVED
Greenbriar Park r AUG 2 9 2011
5199 James Ave CITY OF FORT WORTH ti
Fort Worth, Texas CITY SECRETARY �a
PMD201-08
sbsa � `�
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 as described in Attachment "A". However the total fee paid
by the City shall not exceed a total of $18,500.00 unless the Owner and the Contractor mutually
agree upon a fee amount for additional services and amend this Agreement accordingly.
The agreed upon estimated construction budget amount shall be $7,500,000.00 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
CMAR Pre-Construction Services Contract CITY SECRETARY 1
FT.WORTH,TX
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.
CMAR Pre-Construction Services Contract 2
• 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.
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,
200 Texas 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 A:VII 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.
CMAR Pre-Construction Services Contract 3
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.
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.
CMAR Pre-Construction Services Contract 4
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 Three counterparts with its
corporate seal attached.
Done in Fort Worth, Texas, this the ' day of August A.D., 2017.
APPROVED:
Thos. S. Byrne, Inc. City of Worth
By: "'u By:
Paul Avila Jesus J. Chapa
Senior Vice President Assistant City Manager
APPRO L ECOMMEND D: RECORDED:
By: By:
Steve Cooke Mary J. Kayser ��'�� �`
Director, Property Management Dept. City Secretary (,�: 0
:O
APPROVED AS TO FORM AND LEGALITY: M&C C-Number not r i •`
Contract Authorization AS
By:
ohn B. Strong
Assistant City Attorney
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.
aBy: 1 Ol�1ow�, . CA/1'J
Brian R. Glass, AIA
Architectural Services Manager
OfrIFICIM& CORD
CITY SECRETARY
FT.WORTH'TX
CMAR Pre-Construction Services Contract 5
BYRIhE
CONSTRUCTION SERVICES
Attachment A
August 15, 2017
Ronald Clements, Architect
Registered Architect
Property Management Department
401 West 13th Street Fort Worth, Texas 76102
Re: Explanation of Preconstruction Services for the PARD Service Center Project PMD 2017-08
Dear Mr. Clements:
Thos. S. Byrne, Inc. is pleased to submit the following explanation of preconstruction services regarding
the PARD Service Center (PMD 2017-08) Project.
Estimating Services Scope includes the following clarifications:
1. Cost Estimates will provide line item breakdown appropriate to the level of information
available at each estimate milestone.
2. Thorough estimate review and comment will be necessary by the design team to assure
all items and scopes are included and/or understood within the cost estimate.
3. Includes interaction and open communication with all the City stakeholders and design
team members as necessary for development of the project cost estimates.
4. Includes active participation with meetings to review the estimates at each design level.
This includes one in-person coordination meeting at each design level (100% SD, 100%
DD, 50% CD).
5. Constructability Review, Scheduling, and Value Engineering /Value Analysis Review is
included in this proposal.
6. Includes a CMP schedule that will be established at Schematic Design and further
developed at 100%DD and 50%CD.
7. The Cost Estimate will not include evaluation of furniture or other FFE items. If desired,
the appropriate allowances provided by the City or the design team can be added within
our estimate for accounting purposes of the overall project.
8. The Estimating Services fee will be a Lump Sum Fee and billed at each estimate
deliverable.
9. Byrne reserves the right to update or modify our estimating service fees listed should
any phase be independently selected or deleted, and for any major design change
during the course of the project which would require a complete rework of prior
estimates.
Breakdown of Cost:
100% Schematic Design Documents
• Estimating Services $ 4,825
• Project Scheduling Services $ 1,200
100% Design Development Documents
• Estimating Services for 100% Design Development Documents $ 4,050
• Constructability, Scheduling, &Value Engineering /Value Analysis $ 1,750
2601 Scott Avenue, Suite 300 FortWorth, Texas 76103 Telephone: (817)335-3394 Fax: (817)877-5507
WWW.TSBYRNE.COM
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BYRIhE
CONSTRUCTION SERVICES
50% Construction Design Documents
• Estimating Services for 50% Construction Documents $ 5,025
• Constructability, Scheduling, &Value Engineering /Value Analysis $ 1,750
100% Issue for Bid and Construction Documents—GMP Development
• Estimating Services for 100% Construction Documents (Issue for construction)
Included in Construction Fee
TOTAL $ 18,500
We very much look forward to working with you on this project. If you have any questions or need any
additional information, please contact me at 817-335-3394.
Sincerely,
Thos. S. Byrne, Ltd.
��%SGS C/ •�1�--�—''
Lee Howell, LEED AP
Vice President I Chief Estimator
T. S. Byrne Management, Inc. - General Partner
Copy: Paul Avila
Martin Lehman
2601 Scott Avenue, Suite 300 Fort Worth, Texas 76103 Telephone: (817)335-3394 Fax: (817)877-5507
WWW.TSBYRNE.COM
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