HomeMy WebLinkAboutContract 54698 CSC No. 54698
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 19th day of October A.D., 2020,
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, 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, Sycamore Community Center Renovation 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:
Construction Manager-at-Risk
Sycamore Community Center Renovation
2525 E. Rosedale Street
Fort Worth, Texas
PM D2020-06
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 $5,000.00 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 not to exceed $2,000,000.00
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
CMAR Pre-construction Services Contract—Muckleroy&Falls CITY SECRETARY Page 1 of 5
Sycamore Community Center—Renovation FT.WORTH, TX October 2020
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
CMAR Pre-construction Services Contract—Muckleroy&Falls Page 2 of 5
Sycamore Community Center—Renovation October 2020
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.
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
CMAR Pre-construction Services Contract—Muckleroy&Falls Page 3 of 5
Sycamore Community Center—Renovation October 2020
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.
PAYMENT AND PERFORMANCE BONDS
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.
CITY OF FORT WORTH PERMITS
Contractor shall apply for all City of Fort Worth Building and Trade 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.
IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this
provision. City shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
HOUSE BILL 89
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not boycott Israel;
and (2) will not boycott Israel during the term of the contract.
CMAR Pre-construction Services Contract—Muckleroy&Falls Page a of 5
Sycamore Community Center—Renovation October 2020
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 the19th day of October A.D., 2020.
APPROVED:
HM & MF, Ltd., d/b/a
Muckleroy& Falls City of Fort Worth
TAylot-ffale Dana Buranda�f
By: Taylor Hale(Oct 15,2020 08:11 CDT) By: Dana Burghdoff(Oct 19,202010:33 CD-0
Taylor Hale Dana Burghdoff, ACIP
Vice-President - Pre-construction Assistant City Manager
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APPROVAL RECOMMENDED: RECORDED: ° �_�
Ste1/e Cooke �O�IFOIta4y R 601fm42s °� °° p
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By• Steve Cooke(Oct 19.2020 08,41 CL By.:for Ronald P.Gonzales(Oct 19,202011:40 CDT)
Steve Cooke, Director Mary J. Kayser
Property Management Department City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C C-Number (not required)
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Contract Authorization
By. JB Strong(Oct 19,202010:04 Wo
John 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.
By: �_Ovol_ 4• a,"
Brian R.Glass,AIA
Architectural Services Manager
OFFICIAL RECORD
CMAR Pre-construction Services Contract—Muckleroy&Falls CITY SECRETARY Page 5 of 5
Sycamore Community Center—Renovation FT.WORTH, TX October 2020
Attachment "A"
�,J MUCKLEROY FALLS
5801 EDWARDS RANCH RD.,SUITE 100, FORT WORTH,TX 76109 P 817 877 3510 F 817 877 5650 MUCKLEROYFALLS.COM
Preconstruction Services - Sycamore Community Center
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,PCBs,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 ............$ 5,000.00