HomeMy WebLinkAboutContract 57710 CSC No. 57710
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 is made effective as of the date signed by the Assistant City Manager below,
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 Steele & Freeman, 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 Instructions
to Offerors 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 Instructions to Offerors, terms and
conditions set forth in the body 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 certain services described as follows:
Pre-Construction Services
Forest Park Aquatic Center
2850 Park Place
Fort Worth, Texas
PM D2021-03
City Project # 103326
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 $7,500.00 unless the Owner and the Contractor mutually
agree upon a fee amount for additional services and amend this Agreement accordingly.
OFFICIAL RECORD
CITY SECRETARY
CMAR Pre-Construction Services Contract FT.WORTH, TX
The agreed upon estimated construction budget amount shall be not to exceed $8,000,000.00
to be determined during the design process.
The performance periods in calendars days will be determined when the Guaranteed Maximum
Price is agreed upon.
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.
CMAR Pre-Construction Services Contract 2
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.
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.
CMAR Pre-Construction Services Contract 3
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 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.
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 Price (GMP) is 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. 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.
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 (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
CMAR Pre-Construction Services Contract 4
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.
No Boycott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, 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 Agreement, Contractor
certifies that Contractor's signature provides written verification to City that Contractor: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
Prohibition on Boycotting Energy Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into
a contract for goods or services that has a value of$100,000 or more, which will be paid wholly
or partly from public funds of the City, with a company (with 10 or more full-time employees)
unless the contract contains a written verification from the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B.
13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and
(2) will not boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the company that it: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of
the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate against a firearm entity or firearm trade association during the term
of this Agreement.
CMAR Pre-Construction Services Contract 5
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed 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.
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
19ana L4Lr hdoAc administration of this contract, including
By: Dana Burghdoff(,Tun17,202216:55CDT) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: J u n 17, 2022
Approval Recommended: Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By: SteveSteve o ke(Jun(Jun 13,202216:45 CDT)
Name: Steve Cooke
Title: Director, Property Management Dept.
By:
Attest: Name: John B. Strong
Title: Assistant City Attorney
7GZ�I�IG��G d C7000��GG Contract Authorization:
BY S.Goodall(Jun 21,202211:22CDT bpgbCOR?, M&C: N/A Name: Jannette Goodall �o�°°°°°°°°°0
Title: City Secretary Ado %gip�
�vo =A
o
°°
0000000000 �
nEXASga�
CONTRACTOR:
Steele & Freeman, Inc.
/�/G 9910 TfGGGyge
By: Michael D.Freeman(Jun 10,202213:16 CDT)
Name: Michael D. Freeman
Title: President
Date: Jun 10, 2022
OFFICIAL RECORD
CITY SECRETARY
CMAR Pre-Construction Services Contract FT.WORTH, TX
STEELE & FREEMAN, INC.
CONSTRUCTION MANAGERS
May 25, 2022
Mr. Ronnie Clements, AIA
City of Fort Worth
401 West 13th Street
Fort Worth, Texas 76102
Re: Pre-Construction Services
Forest Park Aquatic Center
2850 Park Place
Fort Worth, Texas
PMD2021-03
City Project # 103326
Mr. Clements,
We greatly appreciated the opportunity to be considered as a partner on your upcoming project.
Our entire team is extremely excited about the potential to partner with the City of Fort Worth.
In accordance with the proposal form for the above referenced project, Steele & Freeman, Inc. will
perform all Pre-Construction Services including Constructability Reviews, Value Engineering
Recommendations and Estimating Service Fees to review the various phases of the design process for
seven thousand five hundred dollars and no cents ($7,500.00).
Once the construction documents are completed, Steele & Freeman will partner with Jeff Postell in
our Business Equity Efforts and provide a Guaranteed Maximum Price (GMP) for consideration.
Steele & Freeman will invoice for the lump sum amount above at completion and submission of the
GMP.
Please let me know if you have any questions, concerns or need any additional information. I can be
reached any time on my
mobile at 817-819-9016.
Sincerely,
Michael D. Freeman
President
1301 Lawson Road • Fort Worth,Texas 76131 X
Phone: 817-232-4742 • Fax: 817-232-9113 • www.steelefreeman.com Mw"`�