HomeMy WebLinkAboutContract 50099 CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT N0.
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 _ 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 Sedalco, 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, Cattle Barn 1 and the Poultry Bar Renovations
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:
City of Fort Worth
Cattle Barn1 and the Poultry Barn Renovations
Will Rogers Memorial Complex
3401 Lancaster Ave
Fort Worth, Texas
PMD2017-09
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 wor i ten j10)
days after being notified in writing to do so by the Owner.
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OFFICIAL RECORD
DEC CEIV E0 e�
CMAR Pre-Construction Services Contract F I rl CkIIITARY ��'oFF22 2017 1
Contractor shall be compensated as described in Attachment "A". However the total fee paid
by the City shall not exceed a total of $10.00 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 $14,000,000.00
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:
CMAR Pre-Construction Services Contract
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.
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.
CMAR Pre-Construction Services Contract 3
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
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.
CMAR Pre-Construction Services Contract 4
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 5
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 ay of A.D. 2017
APPROVED:
Sedalco, Inc.
City of Fort Worth
By: By:
Russ Garrison Jesus J. Chapa
President/CEO Assistant City Manager
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APP � RECOMMENDED: RECORDED:
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Steve Cooke Mary J. Kayser
Director Property Management Dept. City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C C-Number (not required)
Contract Authorization
By:
ohn B. Stron
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: h'o�.l�
Brian R. Glass, AIA
Architectural Services Manager
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CITY SIICIRWAM
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CMAR Pre-Construction Services Contract 6
SEDALCO 4100 Fossil Creek Boulevard • Fort Worth,Texas 76137
817.831.2245 • Fax 817.831.2248
CONSTRUCTION SERVICES WWW.SEDALCO.COM
August 22, 2017 ATTACHMENT "A"
Brian R. Glass, AIA
Architectural Services Manager
Property Management Department
401 West 13th Street Fort Worth, Texas 76102
RE: Cattle Barn 1 and Poultry Renovations
Will Rogers Memorial Complex
PMD2017-09
Mr. Glass:
SEDALCO's Pre-construction/Design Phase Services include but are not limited to the
following:
■ Advise the design professionals on cost impact of various design solutions to
each situation.
■ Review drawings and specifications continually to help avoid omissions and to
assist the design firm with their responsibility to coordinate the various design
disciplines.
■ Review the design drawings as they are being developed on a regular basis
and make timely suggestions with respect to alternate solutions as they relate
to constructability and/or selection of available materials.
■ Comment and advise the project team with respect to availability of labor and
the influence of anticipated weather conditions on various aspects of the
project.
■ Recommend the Quality Process and Safety Procedures to be used on the job.
■ Use our contacts with trade contractors and suppliers to get required data
concerning specialty trade work as it relates to the design development and
cost. .
■ Work with the project team and make recommendations about pre-purchasing
' of long lead items, which might improve the overall construction schedule.
■ Develop an overall project construction plan addressing such items as access,
unloading points, project hoisting requirements, temporary heat, power and
other utilities together with miscellaneous provisions for general movement of
workers and materials. We would also deal with issues such as cleanup,
insurance, bonding and other project general conditions. This plan would then
be translated into a clear set of instructions to bidders to supplement the
project design documentation.
SEDALCO 4'100 Fossil Creek Boulevard • Fort Worth,Texas 76137
817.831.2245 • Fax 817.831.2248
CONSTRUCTION SERVICES WWW.SEDALCO.COM
■ Participate with the project team in developing strategies regarding potential
phasing of the project and the development of various specialty bid packages
to suit the project objectives.
■ Provide a budget estimate and update at appropriate times of construction
document development.
■ Develop a Preliminary Construction Schedule to be utilized during the
Guaranteed Maximum Price bid process to inform and manage trade
contractors expectations during the project.
• Solicit trade contractor participation in Guaranteed Maximum Price
development including providing solicitation to MBE firms.
• Develop Guaranteed Maximum Price and provide feedback on GMP develop to
all stakeholders parties.
Sincerely;
SEDALCO In .
Russ Garrison
President/CEO
ATTACHMENT"B"
VERIFICATION OF SIGNATURE AUTHORITY
SEDALCO, INC.
Consultant hereby agrees to provide City with independent audit basic financial statements, but also
the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Consultant and to execute any agreement,
amendment or change order on behalf of Consultant. Such binding authority has been granted by
proper order resolution, ordinance or other authorization of Consultant. City is fully entitled to rely
on the warranty and representation set forth in this Form in entering into any agreement or
amendment with Consultant. Consultant will submit an updated Form within ten (10) business days
if there are any changes to the signatory authority. City is entitled to rely on any current executed
Form until it receives atrreevised Form that has been properly executed by Consultant.
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