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HomeMy WebLinkAboutContract 58053 CSC No. 58053 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 1st day of Sept- A.D., 2022 , 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 Hunt/Byrne/Smith, a Joint Venture, 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 Fort Worth Convention Center— Phase 1 1201 Houston Street, Fort Worth, TX 76102 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 $50,000.00 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 $48,500,000.00 to be determined during the design process. OFFICIAL RECORD CITY SECRETARY CMAR Pre-Construction Services Contract FT. WORTH, TX 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. 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 $10,000.00 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. 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 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 CMAR Pre-Construction Services Contract 4 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. Mutual Waiver of Conseguential Damages CMAR Pre-Construction Services Contract 5 Notwithstanding anything herein to the contrary, neither party shall be responsible or held liable to the other party for any indirect, incidental, special, or consequential damages of any nature whatsoever arising out of or relating to this Contract or the work and/or services to be provided by Contractor hereunder, including, without limitation, liability for loss of use of property, loss of profits or other revenue, loss of product, increased expenses, or business interruption, however caused, all such claims being expressly waived by the parties. CMAR Pre-Construction Services Contract 6 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. 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 administration of this contract, including By: aa6144 or ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Sep 1,2022 By: 6w.— 4. 64.0 Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By: Name: Steve Cooke Title: Director, Property Management Dept. By: Attest: Name: John B. Strong Title: Assistant City Attorney Contract Authorization: By: o„rahh F s a��Qau M&C: NSA Name: Jannette Goodall Title: City Secretary O�°FORr �d IrygAw ° ° d o ° o��d� ago ox ° CONTRACTOR: ° ° Contractor Name °°°°°°° ° �� nEXASaaa By: Name: Monte Thurmond Title: Executive Vice President Date: Aug 29,2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CMAR Pre-Construction Services Contract Hunt/Byrne/Smith,A Joint Venture FWCC Phase I Preconstruction Agreement ATTACHMENT A Contractor shall perform the following Pre-Construction Phase Services 1. The Contractor shall attend Project Team meetings with the Owner and the Owner's representatives at regularly scheduled intervals throughout the Pre-Construction Phase to discuss such matters as procedures, progress,coordination, and scheduling of the Work. 2. The Contractor will provide Pre-Construction Services including constructability reviews,value engineering recommendations and estimating services during various phases of the design process as further detailed in this agreement. 3. The Contractor shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Contractor. The Contractor, however, does not warrant or guarantee estimates and schedules except as may be expressly set forth in the Guaranteed Maximum Price Agreement.The Contractor is not required to ascertain that the Drawings and Specifications are in accordance with Applicable Law as defined herein, but the Contractor shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require or as may be required by the Contract Documents. 4. The Contractor shall visit the site and inspect the existing facilities, systems, and conditions to ensure an accurate understanding of the existing conditions as required. 5. The Contractor shall consult with the Owner and Architect on proposed site use and improvements, selection of materials, building systems, equipment, and temporary facilities.The Contractor shall also provide recommendations to the Owner and Architect,consistent with the Project requirements, on constructability;coordination;availability of materials and labor;actions designed to minimize adverse effects of labor or material shortages,time requirements for procurement, installation and construction; prefabrication;and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data,and possible cost reductions.The Contractor shall consult with the Architect regarding professional services to be provided by the Contractor during the Construction Phase. 6. The Contractor shall assist the Owner and Architect in establishing mutually agreed building information modeling and digital data protocols for the Project, for the development, use, transmission, and exchange of digital data. 7. When Project requirements have been sufficiently identified, the Contractor shall prepare a preliminary Project Schedule. The Contractor shall obtain the Architect's approval for the portion of the Project Schedule relating to the performance of the Architect's services,including issuance of design packages.The Project Schedule shall coordinate and integrate the Contractor's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities; and identify items that affect the Project's timely completion.The Project Schedule shall include proposed activity sequences and durations,milestone dates for receipt and approval of pertinent information, submittal of a GMP Proposal for the Work, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long-lead-time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority and proposed Critical Milestones(if any)and required date(s)of Substantial Completion. 8. Throughout the Preconstruction Phase, the Contractor will review and monitor the various phases of the development of the design documents to determine whether or not the project budget remains realistic at each phase of the development of the design documents by the Architect.The Contractor shall prepare and update estimates of the Cost of the Work of increasing detail and refinement, for Architect review and Owner's acceptance, at the following drawing phase development: August 15,2022 1 Hunt/Byrne/Smith,A Joint Venture FWCC Phase I Preconstruction Agreement ATTACHMENT A a. Phase I Schematic design (SD), using area,volume, or similar conceptual estimating techniques; b. Conceptual price for phase II based off TVS' master planning and programing for phase I and phase 11. c. Phase 1 100%Design Development("DD")documents (IGMP); d. Phase 1 50%Construction Documents, and; e. Phase 1 100%Construction Documents(GMP) 9. The Contractor's Preconstruction Services duration is based on a ten(10)month period beginning July 2022. 10. As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Contractor shall consult with the Owner and Architect and make recommendations regarding constructability and schedules 11. The Contractor shall prepare, for the Architect's review and the Owner's acceptance, a procurement schedule for items that must be ordered in advance of construction (the "Procurement Schedule") which shall include a description of the items to be ordered and the required order dates in order to avoid delay to the schedule of the Work. 12. The Contractor shall provide and implement a system for tracking questions, resolutions, decisions, directions,and other information matters that arise during the development of the Drawings and Specifications for the Project. The decision tracking system shall be in a format approved by the Owner and updated at least monthly during the Pre-Construction Phase. 13. Within the time period agreed by the parties, the Contractor shall prepare an Initial GMP (the "IGMP Proposal") and Guaranteed Maximum Price proposal (the "GMP Proposal"). The proposals shall be computed as the sum of the following: a. the Contractor's Estimated Cost of the Work b. the Contractor's General Conditions Costs; C. the Contractor's General Requirements Costs; C. the Contractor's Contingency; d. the Owner Contingency; e. the Contractor's Fee; f. the Contractor's insurance and Bonds Cost; g. Allowances as approved by the Owner; h. the Contractor's Qualifications and Assumptions, and; h. other agreed upon costs. The Owner shall be entitled to full access to all details of the process of developing the GMP Proposal. 14. To the extent the Drawings and Specifications are anticipated to require further development by the Architect, the Contractor shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required,shall be incorporated by Change Order. 15. The Contractor shall include with the GMP Proposal a written statement of its basis,which shall include the following with regard to the Work for which the Guaranteed Maximum Price applies: a. A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; b. A detailed list of the clarifications and assumptions made by the Contractor in the preparation of the GMP Proposal; C. A list of allowances and a statement of their basis; August 15,2022 2 Hunt/Byrne/Smith,A Joint Venture FWCC Phase I Preconstruction Agreement ATTACHMENT A d. A statement of the proposed Guaranteed Maximum Price, broken down into a Schedule of Values, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency,and the Contractor's Fee; and e. A Schedule of the Work consistent with the Contract Time requirements as set forth in the Contract Document, including the anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and Critical Milestones identified by the Owner. 16. To the extent any sales, rental or use of labor, equipment or materials for the Project are subject to sales or use tax under Applicable Law, the Contractor shall include in the Guaranteed Maximum Price all such sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted, whether or not yet effective, at the time the GMP Contract is executed. 17. Add Alternate:3D laser scanning of the existing Back of House area between the Exhibit Halls and the Annex. (Excludes ceiling tile removal for laser scanning and EM-GPR subsurface concrete scanning). ADD:$8,700.00 August 15,2022 3