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THE CITY OF FORT WORTH , TEXAS
DESIGN-BUILD
NORTHSIDE COMMUNITY C ENTER
RENOVATION
PMD2019-05
CITY PROJECT# 101654
FORT WORTH ®
BETSY PRICE DAVID COOKE
MAYO R CITY MA NAGER
Victor Turner
Director, Neighborhood Services Department
Steve Cooke
Director, Property Management Department
Muckleroy & Falls/Elements of Architecture
Apfil 2020
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Inst ruction to Offerors
City of Fort Worth-Far North. Branch Library (March 2020)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, April 7, 2020 REFERENCE NO.: **M&C 20-0240
LOG NAME: 21 NORTHSIDE COMMUNITY CENTER RENOVATIONS
SUBJECT:
Authorize Execution of a Design -Build Contract with HM & MF, Ltd., dlbla Muckleroy & Falls, in the Not -To -
Exceed Amount of $4,390,000.00, Based on Design -Build Management Fees of 0.25% for Design and
2.99% for Construction, and to Include an Owner's Construction Contingency Allowance, to Design and
Build Renovations to the Northside Community Center, for a Total Project Cost of $5,100,000.00 (2018
Bond Program) (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Design -Build Contract with HM & MF,
Ltd., dlb/a Muckleroy & Falls, in the not -to -exceed amount of $4,390,000.00, based on design -build
management fees of 0.251% for design and 2.991% for construction, and to include an Owner's
Construction Contingency Allowance, to design and build renovations to the Northside Community Center.
DISCUSSION:
Nortside Community Center was constructed in 1960 and is currently over 30,000 square feet. The facility
was designed before accessibility laws (ADA) were introduced and has multiple entries at multiple levels.
This project is intended to accomodate program expansion and address site and facility accessibility
issues.
Staff determined that the design -build method of project delivery provided the City with the most expedient
means of completion for this project. A Request for Qualifications was advertised in the Fort Worth Star -
Telegram on December 5, 2019 and December 12, 2019, The City of Fort Worth received nine proposals
from design -build teams. A selection team composed of members of Neighborhood Services Department,
Property Management Department and the Office of Business Diversity carefully reviewed these
submittals and after scoring and much discussion were able to establish a short list of four highly qualified
teams.
After ranking the proposals and conducting interviews, the selection team determined that the Muckleroy &
Falls/Elements of Architecture, Inc. team's proposal offered the best value to the City.
SCORING MATRIX TABLE.
HM & MF, Ltd.,
dlbla
Muckleroy &
FPI Builders,
Prim
Speed Fab-
Team Name
FallslElements
LLCIHahnfeld
Construction/GSBS
Crete/Callahan
of
Hotter
Architects
& Freeman
Architecture,
Stanford
Architects
Inc.
Proposed
Fees
n0
48
42
40
Firms
Design Build
6
9
8
8
Experience
Technical
Competence
5
4
4
3
Experience
3
4
4
5
References
Schedule
Past
5
5
4
4
Relationship
8
7
6
5
with City
FM/WBE
eview
12.5
11.5
13.5
12.5
TOTALS
89.5
88.5
81.5
77.5
The overall project budget for the Project is as follows:
PROJECT COST
Amount
Design Build Cost (Owner's Construction Contingency
$4390000.00
Allowance)
, ,
Staff Time, Materials Testing, IT, Security, Fixtures Furnishing &
$710,000.00
Equipment (FF&E), Contingency. etc.
TOTAL PROJECT COST
$5,100,000.00
Funds for this project are included in the 2018 Bond Program. Available resources within the General
Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is
sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official
Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance
No. 23209-05-2018) and subsequent actions taken by the Mayor and Council.
✓ Waiver of Building Permits - In accordance with the City Code of Ordinances, Pail II, Chapter 7-1 Fort
Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on
property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is
for action under a contract that will be or has been approved by City Council with notes in the contract
packages stating the fee is waived."
El
10
Office of Business Diversity - HM & MF, Ltd., d/b/a Muckleroy & Falls is in compliance with the City's
BDE Ordinance by committing to 881% SBE participation on the design phase and 151% MBE participation
on the construction phase of the design -build project. The City's SSE goal on the design phase is 101%
and on the construction phase is 151%.
This project is located in COUNCIL DISTRICT 2.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of
the 2018 Bond Program Fund Northside Community Center project to support approval of the above
recommendation and award of the contract. Prior to any expenditure being incurred, the Neighborhood
Services Department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
"FundDepartment
ccoun
Project
Program
ctivit
Budget Reference ## Amoun
ID
ID
Year (Chartfield 2)
FROM
Fund Department Accoun Project program ctivit Budget Reference # mouni
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating_Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
1. 200218 SBD MBE Compliance Memo - Northside CommunitV Center. df (CFW Internal)
2. 21 NORTHSIDE CC RENOVATION FID TABLE.xlsx (CFW internal)
3. Northside Community Center Form 1295. df (CFW Internal)
4. Northside Community Center funding availabilit .PNG (CFW Internal)
5. SAM HM & MF Ltd Muckleroy and Falls.pdf (CFW Internal)
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 1
Northside Community Center Renovation
Request for Proposals Submittal Date: January 9, 2020 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows.-
1. The Pre -Proposal Conference was held at 1:30 PM, Tuesday, December 17, 2019 at the
Property Management Department/Architectural Services Office located at 401 West 1311,
Street. Refer to attached attendees list.
2. A site walk-thru was conducted on Wednesday, December 18, 2019 at 1:30 PM. Refer to the
attached attendees list.
Acknowledge the receipt of this Addendum No. 1 on your Proposal,
Steve Cooke
Director, Property Management Department
By: \ ' V
Ronnie Clements
Architectural Services
PMD, Facilities Division
817-392-8014, FAX 817--392-8488
Ronald,Clements fortworthtexas. ov
RELEASE DATE: December 19, 2019
Addendum NoA Page 1 of 1
Northside Community Center Renovation (December 2019)
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TABLE OF CONTENTS
® NOTICE TO DESIGN -BUILD FIRMS
a INSTRUCTIONS TO OFFERORS
® PROPOSAL FORM
® CONFLICT OF INTEREST AFFIDAVIT
6 CONFLICT OF INTEREST QUESTIONAIRE (CIQ)
® CONFLICT DISCLOSURE STATEMENT (CIS)
s TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
9 2013 PREVAILING WAGE RATES
® WEATHER TABLE
® GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (Separate Attachment)
® DESIGN --BUILD AGREEMENT
9 PAYMENT BOND
® PERFORMANCE BOND
® CERTIFICATE OF INSURANCE
• OFFEROR COMPLIANCE WITH WORKERS' COMPENSATION LAW
• PROJECT SIGN
instruction to Offerors Page 2 of 53
City of Fort Worth -Far North Branch Library (March 2020)
NOTICE TO DESIGN -BUILD FIRMS
CITY OF FORT WORTH
Northside Community Center Renovation
Statement of Qualifications (SOQs) for the design and renovation (design -build delivery method)
of the Northside Community Center Renovation in Fort Worth, Texas, will be received at the
Facilities Division, Property Management Department, located at 401 West 13th Street, Fort
Worth, Texas 76102. Seven copies of the SOQs must be received not later than 5:00 PM on
Thursday, January 9, 2020.
A Pre -Submission Meeting will held be at the Facilities Division, Property Management
Department offices, 401 West 13th Street, Fort Worth, at 1:30 PM, Tuesday, December 17, 2019.
A site walk-thru will be conducted Wednesday, December 18, 2019 at 1:30 PM. The last day for
questions will be by 5:00 PM, Friday, January 3, 2020.
The project will include providing the design and construction for the renovation of the Northside
Community Center facility. The estimated design -build cost is approximately $4 Million Dollar
(including all costs, design and construction). The community center is located at 1100 Northwest
18t' Street, Fort Worth.
The City will conduct a two-step process to select the Best Value Design -Build Team for this
project.
In Step 1, Request for Qualifications, Design -Build Teams will be asked to submit seven (7)
copies of their Statement of Qualifications, including an introductory letter, business information
and history, office location(s), list of comparable projects, professional qualifications, ability to
meet schedules, familiarity of applicable rules and regulations. The SOQs are limited to 32 pages
maximum. The City will review submitted Statement of Qualifications and create a short list of
Design -Build Teams to participate in the next step.
In Step 2, Request for Proposals, short listed teams will be asked to submit proposals which
will include a "Design Build Proposal Form" associated with costs, a Small Business Enterprise
(SBE) Plan for the design portion of this work, a Minority Business Enterprise (MBE) Commitment
for the construction portion of this work, etc. and to participate in team interviews.
The Small Business Enterprise (SBE) diverse goal is 10% for the professional services
(architect, engineer, consultants, etc.) and the Minority Business Enterprise (MBE) diverse
goal is 15% for the construction services (subcontractors, suppliers, etc.).
Details of requirements for both steps of this process, scoring criteria, and other related
information can be found on the Autodesk Buzzsaw website and can be accessed by cutting and
pasting the following link into your browser:
https:llprojectpoint. buzzsaw.com/fortworthgov/Advertised/101654%20-
%20Northside%20Comm unity%20Center%20Renovation? pu blic
After selecting the Best Value Design -Build Team in Phase Two, the City will first attempt to
negotiate a contract with the selected Design -Build Team. If the City is unable to negotiate a
Instruction to Offerors Page 3 of 53
City of Fort Worth -Far North Branch Library (March 2020)
I
contract with the selected Design -Build Team, the City will, formally and in writing, end
negotiations and proceed to the next Design -Build Team in the order of the selection ranking until
a contract is reached or all proposals are rejected.
For questions, contact Ronnie Clements, Project Manager, by email,
ronald.ciementsafortworthtexas.gov or by phone, (817) 392-8014.
Advertised: December 5, 2019
December 12, 2019
Instruction to Offerors
City of Fort Worth -Far North Branch Library (March 2020)
Page 4 of 53
INSTRUCTIONS TO OFFERORS
1. SELECTION PROCESS: The City will conduct a two-step process to select the Best Value
Design -Build Team for this project.
STEP ONE PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation
of the response to this Request for Qualifications. Statements of Qualifications shall be limited to 32 pages,
10 to 12 point font. Submit seven copies. The City will review submitted Statement of Qualifications and
create a short list of Design -Build Teams to participate in the next step. Each copy will contain the following
identified tabs with the corresponding tab numbers and title indicated as follows:
1. Introductory Letter (not included in page count. Include an Email and phone number for the
primary point of contact regarding questions for this RFQ.)
2. Design Build experience of contractor and design build team in executing design -build process
with community centers or similar type projects, as demonstrated by listing past teamwork and
collaboration between members of the design team and between the design team and the
contractor (in Design -Build or other delivery methods).
3. Provide Organizational Chart to include specific team member assigned to this project.
Technical qualifications and experience of key project team members.
4. Experience and references of the design build team as demonstrated by listing past teamwork
and collaboration between members of the design team and between the design team and the
contractor (in Design -Build or other delivery methods). Examples of similar community center
and remodel type projects and references with names and current telephone numbers.
5. Provide a brief written description of your understanding of the schedule. Describe potential
opportunities to shorten the schedule and potential issues that can impact the schedule.
6. Provide a description of similar projects completed in the City of Fort Worth. Describe
experiences with the City's Pre -Design Conferences, obtaining building permits, and interaction
with Building Inspectors and other building officials, experience with local franchise utilities.
Indicate if you have completed any City of Fort Worth projects.
7. Submit the completed Conflict of Interest Disclosure Requirement forms.
STEP ONE STATEMNT OF QUALIFICATIONS EVALUATION: Statements of Qualifications will be
ranked on the following factors:
1) Firm's Experience (25 Points) — Experience of contractor and design build team in executing
design -build process with community centers or similar type projects, as demonstrated by
listing past teamwork and collaboration between members of the design team and between the
design team and the contractor (in Design -Build or other delivery methods).
2) Technical Competence (20 Points) — Technical qualifications and experience of key project
team members. Architect and/or Engineer of Record that is a team member must be licensed
to practice in the State of Texas.
3) Capability to Perform (20 Points) --- Experience and references of the design build team as
demonstrated by listing past teamwork and collaboration between members of the design team
and between the design team and the contractor (in Design -Build or other delivery methods).
4) Capability to Perform -- Schedule (10 Points) — Understanding the project, design and
construction with respect to the schedule and City of Fort Worth Processes.
5) Past Performance (25 points) Points shall be awarded for experience working on similar
projects within the city limits of the City of Fort Worth. Contractors with no experience in the
Instruction to Offerors Page 5 of 53
City of Fort Worth -Far North Branch Library (March 2020)
City of Fort Worth will receive 13 points. Contractors demonstrating strong experience will
receive more than 13 points. Contractors with poor examples may receive less than 13 points.
if the score for any individual rating criteria is rated as zero, this will result in the overall score being zero
regardless of how many points could have been earned in the other categories.
The top scoring Design Build Teams will be asked to participate in Step Two and submit sealed proposals
and participate in interviews.
All firms responding to this invitation shall note that it is the policy of the City of Fort Worth to establish a
Small Business Enterprise (SBE) goal on contracts of $50.000 or more. Short listed firms invited to submit
proposals (Step Two) will be required to address the utilization of SBEs and to commit to meeting the MBE
goal.
STEP TWO PROPOSAL REQUIREMENTS: Selected Design Build Teams will be requested to submit
seven (7) copies of a sealed proposal. The following requirements shall be used in the preparation of the
response to this Request for Sealed Proposals. Each copy will contain the following identified tabs with the
corresponding tab numbers and title indicated as follows:
1. Use the Design Build Proposal Form provided for Step 2. Entries on the Proposal Form may
be handwritten or typed. Have a Principal sign the Proposal. If the Offeror is a corporation, the
president or a vice-president must sign the Proposal. If the Offeror is a partnership, then the
person/entity who is the managing/general partner must sign the proposal.
2. Provide a General Schedule for Step 2, in Gantt chart format, illustrating major phases of the
project and key steps. At a minimum provide various phases of design, bidding, and
construction, and date facility would be occupied by the City of Fort Worth. Provide a brief
description of your understanding of the most important aspects of the schedule and potential
issues with maintaining the schedule.
Once a selected Design Build Team establishes a GMP, they will be required to provide bonds.
For Step 2, Letter indicating that the Design Build Team can provide Bonding for the
project must be provided. In order for a surety to be acceptable to the City, the surety must (1)
hold a certificate of authority from the United States Secretary of the Treasury to qualify as a
surety on obligations permitted or required under federal law; or (2) have obtained reinsurance
for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in the state of Texas and is the holder of a certificate of authority from the United
States Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to the City
upon request. The City, in its sole discretion, will determine the adequacy of the proof required
herein.
4. The SBE plan and statement of MBE commitment.
5. Any additional information as requested following the Step One to be included in the proposals.
STEP TWO PROPOSAL EVALUATION: The City shall select the Offeror that offers the best value, based
upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will
consider:
1) Proposed Fees (50 points) — A cost spreadsheet is included, offerors are asked to allocate a
proposed $4,000,000.00 budget across cost categories. Maximum points will be awarded for
the highest dollar amount going directly into the building construction (Materials & Labor).
instruction to Offerors Page 6 of 53
City of Fort Worth -Far North Branch Library (March 2020)
2) iFirm's Experience (10 Points) — Experience of contractor and design build team in executing
design -build process with community centers or similar type projects (in Design -Build or other
delivery methods).
3) Technical Competence (5 Points) — Technical qualifications and experience of key project
team members. Architect and/or Engineer of Record that is a team member must be licensed
to practice in the State of Texas.
4) Capability to Perform (5 Points) — Experience and references of the design build team as
demonstrated by listing past teamwork and collaboration between members of the design team
and between the design team and the contractor (in Design -Build or other delivery methods).
5) Capability to Perform -- Schedule (5 Points) — Demonstrate a complete understanding the
project, design and construction with respect to the schedule and City of Fort Worth Processes
as illustrated by your General Project Schedule.
6) Past Performance (10 points) — Points shall be awarded for experience working on similar
projects within the city limits of the City of Fort Worth. Contractors with no experience in the
City of Fort Worth will receive 5 points. Contractors demonstrating strong experience will
receive more than 5 points. Contractors with poor examples may receive less than 5 points.
7) MIWBE (15 Points) — Proposals may be granted up to 7.5 points based on the proposals
meeting or exceeding the established 10% Small Business Enterprise (SBE) goal for design
and identifying the SBE sub -consultants) selected to participate on the project. Additionally,
proposals may be granted up to 7.5 points based on the proposal committing to meeting or
exceeding the 15% Minority Business Enterprise (MBE) goal for construction. The SBE plan
and MBE commitment will be part of the final weighted selection criteria. Failure to include the
SBE utilization plan and address the MBE commitment shall render the Proposer non-
responsive.
If the score for any individual rating criteria is rated as zero, this will result in the overall score being
zero regardless of how many points could have been earned in the other categories.
After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate
a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror
options for a scope or time modification and any price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in
writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection
ranking until a contract is reached or all proposals are rejected.
Instruction to Offorors Page 7 of 53
City of Fort Worth -Far North Branch Library (March 2020)
2. BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION:
All proposers shall note that the Business Diversity Enterprise Ordinance (Chapter 20, Article X of the Fort
Worth Code of Ordinances, as amended) was adopted to ensure the full and equitable participation of
Minority Business Enterprises (MBEs) and Small Business Enterprises (SBEs) in the procurement of
services $50,000 or more. This design -build project will consist of two separate diverse goals that will be
addressed independently of one another.
The Minority Business Enterprise (MBE) diverse goal is 15% for the construction services
(subcontractors, suppliers, etc.) and the Small Business Enterprise (SBE) diverse goal is 10% for the
professional services (architect, engineer, consultants, etc.).
Firms providing responses to a Design -Build RFQ shall state the Firm's ability to provide opportunities to
SBE and MBE companies and provide a written response to demonstrate the Firm's past history of
engaging SBE and MBE companies. It is acceptable to document individual team members' historical
engagement of SBE and MBE companies where the members are part of a firm created specifically to
provide a response to an RFQ. A response submitted hereto will be part of the RFQ evaluation and ranking
and shall be assigned points as per the scoring matrix.
Firms which are subsequently qualified and invited to submit a response a response to a Design -Build RFP,
shall comply as described herein.
All proposals shall include an SBE Plan to address the SBE diverse goal and an MBE Plan to address the
MBE diverse goal. At a minimum, the Plans must provide:
SBE Plan:
■ The company name, address, point of contact, email address, office and fax telephone numbers
of identified SBEs;
• A detailed description of the work to be performed by each SBE;
■ The tier level, i.e., 181 2bd, 3rd, etc. (if other than 15t tier, the plan must clearly identify the firm
name and tier from whom the SBE firm will be receiving payment);
• The sub -contract value or percentage of the design cost for each phase of work identified for
each SBE participant;
■ Clearly state the SBE percentage level of commitment achieved; and
• Provide the same identification information for all non-SBE participants
NOTE: As the design team will be contacted with or a part of the Design -Build firm, the prime design firm,
if SBE certified and accepted by the City, may count towards the SBE diverse goal.
MBE COMMITMENT
• The company name, address, point of contact, email address, office and fax telephone numbers
of the MBE subcontractors and suppliers, if known;
■ Identification and detailed description of the work to be performed by each MBE;
• The tier level, i.e. 15t 2nd 3rd etc. (if other than 15t tier, the plan must clearly identify the firm name
and tier from whom the MBE firm will be receiving payment)
■ The sub -contract value or percentage of the GMP construction cost for each phase of work
identified for each MBE participant;
• State the MBE percentage level of commitment achieved; and
• Provide the same identification information for all non -MBE participants
In regards to the MBE diverse goal, all proposals shall include a detailed explanation of the steps it plans
to implement in order to address the MBE diverse goal and must state the level of commitment it will
achieve. The proposal must also include the name of the individual(s) that will be responsible for
implementing the plan, reporting on the status of the MBE commitment achievement and performing liaison
duties to the City as it relates to all MBE and SBE issues during the completion of this project.
Only the MBE subcontractors and suppliers that perform a commercially useful function may count towards
the MBE diverse goal. If the Design -Build construction firm is certified as a DBE, MBE, SBE or WISE firm,
Instruction to Offerors Page 8 of 53
City of Fort Worth -Far North Branch library (March 2020)
it is not permissible to count itself or its subsidiary -owned companies towards the established goal: the goal
represents subcontracting opportunities.
The participation commitment of the SBE goal as identified above and the level of the MBE
commitment will be part of the final weighted selection criteria.
Proposers must obtain MBE and SBE listing from the City of Fort Worth's Office of Business Diversity at
(817) 392-2674 or email mwbeofficeCa)-fortworthtexas.gov. This will ensure that Design -Build firms are
acknowledging MBE and SBE firms currently certified by the North Central Texas Regional Certification
Agency (NCTRCA), Texas Department of Transportation (TxDOT), Dallas/Fort Worth Minority Supplier
Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted
by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted
towards the established diverse goals. The firms must be located in the City's six (6) county_ geographic
marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, barker and Wise.
After a Design -Build firm is selected and the City issues a notice to proceed, the implementation of the MBE
plan will commence for the performance of all major elements of the Work.
Proposers responding to an RFP may be granted up to 10 points based on how well the proposals meet or
exceed the goals. There are 5 points for the Small Business Enterprise (SBE) goal. Proposers teaming
with a certified SBE firm will be granted the full points. Proposers may be granted up to 5 points based on
the proposal commitment to meet or exceed the Minority Business Enterprise (MBE) goal for construction.
The SBE plan and MBE commitment will be incorporated into the negotiated contract.
Failure to include the SBE utilization plan and address the MBE commitment shall render the
Proposer non -responsive.
PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, 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 awarded at GMP. 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.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000
from a reinsures that is authorized and admitted as a reinsurer in the State of Texas and is the
holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a
surety on obligations permitted or required under federal law. Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds
or which are interested in any litigation against the City. Should any surety on the contract be
determined unsatisfactory at any time by the City, notice will be given to the Offeror to that effect
and the Offeror shall immediately provide a new surety satisfactory to the City.
If the total contract price is $25,000 or less, payment to the Offeror shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been
completed and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution
of the work.
Instruction to Offerors Page 9 of 53
City of Fort Worth -Far North Branch Library (March 2020)
If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the
amount of the contract, conditioned on the faithful performance of the work in accordance with the
plans, specification, and contract documents. Said bond shall be solely for the protection of the
City of Fort Worth.
4. PRE -PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the
site(s) proposed and the details of the requirements set out in these specifications to satisfy itself
as to the conditions which will be encountered relating to the character, quality, and quantity of the
work to be performed and materials and equipment required. The filing of a response by the Offeror
shall be considered evidence that it has complied with these requirements.
5 WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must
be paid on this project.
6. DISCREPANCIES AND ADDENDA:
Should an Offeror find any discrepancies in the documents associated with the Request for
Proposal, or should it be in doubt as to their meaning, it shall notify the City at once, if required,
the City will then prepare a written addendum that will be available to all Offerors at the place
designated for distribution of the Request for Proposal Documents by the Notice to Offerors. The
Offeror is responsible for determining if addenda are available and for securing copies prior to
submitting a response to this request for sealed proposals. Oral instructions or decisions unless
confirmed by written addenda will not be considered valid, legal or binding. No extras will be
authorized because of failure of the Offeror to include work called for in the addenda.
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause
the Proposal to be ruled non -responsive. It is the Offeror's responsibility to obtain Addenda and
include its information in the Proposal.
7. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof
that Workers Compensation Insurance will be obtained, must be submitted within five working days
of bid opening.
S. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
9. PERMITS: The Offeror shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate
permits may be required for each work location.
10. UTILITIES AND IMPACT FEES: The Offeror shall pay water and sewer utilities tap fees and impact
fees. Unless shown otherwise, the Offeror shall coordinate and pay for water and sewer taps and
meters to the property line. The Offeror will include all remaining fees from the electrical and gas
companies in the Base Proposal. The Offeror will be responsible for coordinating with City and
utility companies for installation of utilities. The Offeror will be responsible for all fees for electrical,
gas, and other utilities within the property line of the project. Unless indicated otherwise on the
plans, the Offeror will be responsible for costs and installations from the building side of the water
meter and sewer tap.
11. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the
Offeror.
12. CITY OF FORT WORTH DESIGN GUIDELINES: The City of Fort Worth has established design
guidelines available on the City's Buzzsaw website. Catalog, brand names, and manufacturer's
references are descriptive, not restrictive. Use of brands of like nature and quality will be
Instruction to Offerors Page 10 of 53
City of Fort Worth -Far North Branch Library (March 2020)
considered. Upon request of the architect or Offeror, the Offeror will submit a full sized sample
and/or detailed information as required to allow the architect to determine the acceptability of
proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will
accept no alternates to the specified equipment. Also, refer to specification's product requirements.
13. TESTING SERVICES: The City shall provide for, independently of the Offeror, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
14. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission
regulations require that the business entity must fill out the Form 1295 on an electronic filing
application on the Texas Ethics Commission website (www.ethics. state. tx.us). The business entity
that wishes to enter into the contract must supply the completed, signed and notarized Form 1295
to the City.
15. 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.
16. 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.
17. ORAL COMMUNICATIONS: Any oral communications are considered unofficial and non -binding
with regard to this proposal.
Instruction to Offerors Pagel 1 of 53
City of Fort Worth -Far North Branch Library (March 2020)
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached
CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below
pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required
documentation and is eligible to bid on City Work. The referenced forms may be downloaded fi-om the website
links provided below.
http://www.ethics.state.tx.us/forms/CIQ.pdf
http://www.ethics.state.tx.us/forms/CIS.pdf
►( CIQ Form is on file with City Secretary
0 CIQ Form is being provided to the City Secretary
ZCIS Form is on File with City Secretary
0 CIS Form is being provided to the City Secretary
BIDDER:
Company
y1-5 By: AOW- A� Xf
(Please Print)
O W h- nv&7w- 'augnature:
Address
A 09T "19A 77 7WZ7 _ Title:
City/State/Zip (Please Print)
Instruction to Offerors
City of Fort Worth -Far North Branch Library (March 2020)
Page 93 of 53
WeAff- G� law,wh o o d Scrukes Depainme
Defti Budd PropmW Form
Surbaolidng Teacuie 6lfuaoe:lcleroV R—. Falls 2/4/2020
Item DESIGN COST
1.1
Design Services (to Include any required Geotechnical Reports, Siee
Survey, FP Analysis, iSWM, TAS/ADA Reviews, etc.)
_ i$`300,000
1.2
Design -Build Management Fee on Design Services
$10,050
1.3
TOTAL DESIGN COST
$310,050
Itern
CONSTRUCTION COST
2.1
General Conditions & Miscellaneous (to Include Temporary Facilities,
Clean Up, Safety/QC, Bonds & Insurance, etc.)
$244,792
2.2
CONSTRUCTION COST (to Include all Materials, Labor, Site Work, Parking,
Landscaping, Building Utilities, etc.)
$3,325,505
2.3
Contractor's Contingency
$0.00
2.4
Design -Build Management Fee on Construction
$119,653
2.5
TOTAL CONSTRUCTION COST
$3,689,950
TOTAL DESIGN BUILD COST ($4,000,000.00) $4,000,000
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
F0RRIf C-4(P
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. 1' OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as definod by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
Name ofvendorwho has a business relationship with local governmental entity.
Check this box if you arefiling an update to a previously filed questionnaire. (The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
Name of local government officer aboutwhom the information is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B foreach employmentor business relationship described. Attach additional pages tothis Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
0 Yes D No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes F1 No
Describe each employment orbusiness relationship thatthe vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent ormore.
❑ Check this box if the vendor has given the local government officer or a family member ofthe officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity
lMtumt0aVd@ f&pFF4axas Ethics Commission www.ethics.state.tx.us Page 14 of53Revised 11/30/2015
City of Fort Worth -Far North Branch Library (March 2020)
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code maybe found at
http://www.statutes.legis.state.tx.us/ Does/LG/htm/LG.176.htm. For easy reference, below are some of
the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more
parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
.1 LOCAL GOVERNMENT CODE § 176.003(A)(2)(A) AND (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been
executed; or
(ii) the local governmental entity is considering entering into a contract with
the vendor;
(B) has given to the local government officer ora family memberof the officer one ormore gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(I) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor.
.2 LOCAL GOVERNMENT CODE & 176.006(A) AND (A-1
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2) (A);
(2) has given a local government officer of that local governmental entity, ora family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire mustbe filed with the appropriate records administrator not later
than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Instruction to Offerors Page 15 of 53
City of Fort Worth -Far North Branch Library (March 2020)
LOCAL G®VI RNMF--N n 0FFW,-R FoRIifCONFLICTS DISCLOSURE 5-11APTERE-WT
(instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H,B. 23, 84th Leg., Regular Session. OFFICE USEONLY
This is the notice to the appropriate local governmental entity that the following local
government officer has become aware of facts that require the officer to file this statement Date Received
in accordance with Chapter 176, Local Government Code.
Name of Local Government Officer
Office Held
Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code
Description of the nature and extent of each employment or other business relationship and each family relationship
with vendor named in item 3.
List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted
from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
(attach additional forms as necessary)
AFFIDAVIT
i swear under penalty of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies to each family member (as defined by Section 176.001(2), Local
Government Code) of this local government officer. I also acknowledge that this statement
covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP 1 SEAL ABOVE
Sworn to and subscribed before me-, by the
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath
this
Title of officer administering oath
day
Instruction to u terors
CiFpUPIli@tiYrt4l&bFa%CaVtlFtl 95ChcLUM"igAarch 2020) www.ethics.state.tx.us
Page 16 of 53
Revised 11/30/2015
LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local
government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent,
administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a
local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This
form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh
business day afterthe date on which the officer becomes.aware of the facts that require the filing ofthis statement.
A local government officer commits an offense if the offrcer,knowingly violates Section 176.003, Local Government Code. An
offense under this section is a misdemeanor.
Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form.
PART 2 - INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the
name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or
other business relationship with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer one
or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local
government officer as defined by Section 176.001(2-a), Local Government Code.
4. Description of the nature and extent of each employment or other business relationship and each
family relationship with vendor named in item 3. Describe the nature and extent of the employment or other
business relationship the vendor has with the local government officer or a family member of the officer as described by
Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government
officer as defined by Section 176.001(2-a), Local Government Code.
S. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds
$100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by
the local government officer orfam i ly member of the officer from the vendor named in item 3 that in the agg reg ate exceed $100
in value.
6. Affidavit. Signature of local government officer.
Local Government Code § 176.001(2-a): "Family relationship" means a relationship between a person and
another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by
Subchapter B, Chapters
PART 3 - LOCAL GOVERNMENT CODE § 176.003(A)(2)(A);
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government
officer or a family member of the officer that results in the officer or family member
receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Instruction to Offerors Page 17 of 53
City of Fort Worth -Far North Branch Library (March 2020)
�r af.339 (ea -A)
(ReV.44 NJ
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name ofpurchaser, form or agency
City of Fort Worth, Texas
Address (Street a number, P.O. Box arRaure number) Phone (Area code andnumberl
200 Texas Street 817-382-8360
City, State, ZIP code
Fort Worth, Texas 76102
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller:
Street address: City, State, .ZIP code:
Description of items to be purchased or on the attached order or invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor
vehicle.
Purchaser claims this exemption for the following reason_
Municipality, Governmental Entity
[ understand that I will be Gable for payment of all state and local sales or use taxes which may become due for failure to comply with
the piovisions of the Tax Code andfor all applicable law.
t understand ibetitisa criminaloffense togive an exemptioncerth7cate to theseAerfortaxableitems that!know, atthe time ofpurchase,
willbeusedinamannerotherthanthatexpressedirtthis certificate, anddependingon the amountoftaxevaded, thooffensemayronge
from a Class C misdemeanor to a felony of the second degree.
Purchaser flue Pale
here k ��i Finance Director/CFO S,efrf/WIiJyo,X18
NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOI=S NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
This certificate should be furnished to the supplier.
Do not send the completed certificate to the Comptroller of Public Accounts.
Instructions to Offerors Page 18 of 53
Northside Community Center Renovation (December 2019)
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION DESCRIPTION
Wage Rate —
$
AC Mechanic
25.24
$
AC Mechanic Helper
13.67
$
Acoustical Ceiling Installer
16.83
$
Acoustical Ceiling Installer Helper
12.70
Bricklayer/Stone Mason
19.45
$
Bricklayer/Stone Mason Trainee
13.31
.1
Bricklayer/Stone Mason Helper
11
10.91
$
Carpenter
17.75
$
Carpenter Helper
14.32
Concrete Cutter/Saver
$
1.7.00
Concrete Cutter/Sawer Helper
11.00
Concrete Finisher
15.77
$
Concrete Finisher Helper
11.00
$
Concrete Form Builder
15.27
$
Concrete Form Builder Helper
11.00
$
Drywall Mechanic
15.36
$
Drywall Helper
12.54
$
Drywall Taper
15.00
Drywall Taper Helper
11.50
$
Electrician (Journeyman)
19.63
Electrician Apprentice (Helper)
15.64
$
Electronic Technician
20.00
$
Floor Layer
18.00
Floor Layer Helper
00
1
Instructions to Offerors Page 19 of 53
Northside Community Center Renovation (December 2019)
$
Glazier
21.03
$
Glazier Helper
12.81
$
Insulator
16.59
$
Insulator Helper
11.21
$
Laborer Common
10.89
Laborer Skilled
y
14.15
$
Lather
12.99
Metal Building Assembler
p0
16
Metal Building Assembler Helper
12.00
$
Metal Installer (Miscellaneous)
13.00
$
Metal Installer Helper (Miscellaneous)
11.00
$
Metal Stud Framer
16.12
$
Metal Stud Framer Helper
12.54
$
Painter
16.44
$
Painter Helper
9.98
$
Pipefitter
21.22
$
Pipefitter Helper
15.39
Plasterer
16.17
$
Plasterer Helper
12.85
$
Plumber
21.98
Plumber Helper
15.85
$
Reinforcing Steel Setter
12.87
$
Reinforcing Steel Setter Helper
11.08
$
Roofer
16.90
$
Roofer Helper
11.15
$
Sheet Metal Worker
16.35
Sheet Metal Worker Helper
13.11
Instructions to Offerors Page 20 of 53
Northside Community Center Renovation (December 2019)
$
Sprinkler System Installer
19.17
Sprinkler System Installer Helper
14.15
$
Steel Worker Structural
17.00
Steel Worker Structural Helper
13$74
Waterproofer
15A0
Equipment Operators
Concrete Pump
18.50
Crane, Clamsheli, Backhoe, Derrick, D`Line Shovel
19.31
$
Forklift
1G.45
Foundation Drill Operator
22.50
$
Front End Loader
16.97
$
Truck Driver
16.77
$
Welder
19.96
Welder Helper
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the
Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on
the TFXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates,asp
Instructions to Offerors Page 21 of 53
Northside Community Center Renovation (December 2019)
CITY OF FORT WORTH
WEATHER TABLE
Average Days
of
RainlSnowllce
Inches of Rainfall
F
6
2.51
7
2.23
9
3A9
7
2.97
10
4.56
June
8
3.31
July
4
1.83
August
5
1.88
September
5
2.34
October
7
3.65
November
7
2.70
December
6
2.34
nually
81
33.81
(1) Mean number of days precipitation of 0.01" or more or 1l2" snowlice
(2) Average normal precipitation, in inches
This table is based on information reported from Dallas -Fort Worth International Airport,
Texas_ Latitude 32 deg 54 min north, longitude 97 deg 02 min west, elevation (ground) 551 fL
Average number of days of rain, snow, and ice days are based on records covering 21 years_
Precipitation is based on recorded Information from 1996 through 2016 period_
This table is to be used as a baisis for calculation of excess rain or weather days for projects
with duration in calendar days. If the site records Indicate that the Contractorwas unable to
carry out operations due to weather, it is counted as a weather day. If the number of weather
days exceeds the number of average rain days plus the snowlice days forth contract
duration, the contract will be adjusted by Change Order.
L,
FortWonh Weather Table
MpO12017
Instructions to Offerors Page 22 of 53
Northside Community Center Renovation (December 2019)
STANDARD FORM OF DESIGN -BUILD AGREEMENT
BETWEEN OWNER AND DESIGN -BUILDER
ON OPEN BOOK PRiCE BASIS
AGREEMENT made as of the 7th day of April in the year of 2020, between the
Design -Builder:
HIM & MF, LTD. d/b/a Muckleroy & Fails, a Texas Limited Partnership
3200 Riverfront Drive, Suite 200
Fort Worth, Texas 76107
and the Owner:
CITY OF FORT WORTH
200 Texas Street
Fort Worth, TX 76102
For the services in connection with the following Project. -
Design and Construction of the new City of Fort Worth Police Department's NORTHSIDE
COMMUNITY CENTER RENOVATION.
ARTICLE 1 - GENERAL PROVISIONS
1.1 Mutual Obligations. Design -Builder and Owner agree to fully cooperate with each other
in providing to each other information available, and in facilitating the design and Construction
Work within the scope of this Agreement. Design -Builder agrees to provide the architectural and
engineering services as set forth below, and to furnish construction and administration of the
Construction Work.
1.2 Extent of Agreement. This agreement is solely and exclusively for the benefit of the
Owner and the Design -Builder and not for the benefit of any third party. The Owner and the
Design -Builder agree that there are no third -party beneficiaries and each agrees that the
obligations in this Agreement are owed exclusively to the other party to the Agreement. The
Parties agree that this Agreement represents the entire and integrated Agreement between the
Owner and the Design -Builder, and supersedes all prior negotiations, representations or
agreements, either written or oral.
1.3 Architect/Engineer. Licensed, independent design professionals retained by the
Design -Builder in conformance with Chapter 2254, Texas Government Code or furnished by
licensed employees of the Design -Builder shall provide architectural and engineering services
required for the project. The person or entity providing architectural and engineering services
shall be referred to as the Architect/Engineer,
1.4 Definitions.
1.4.1 The term "Agreement" shall mean this executed Standard Form of Design -Build
Agreement between the Owner and the Design -Builder on Open Book Price Basis.
Instructions to Offorors Page 23 of 53
Northside Community Center Renovation (December 2019)
1.4.2 The term "Contract Documents" shall mean (I) this Agreement; (ii) written
change orders and amendments to this Agreement, including exhibits and appendices signed by
both the Owner and the Design -Builder; (iii) the Design Criteria Documents as defined in
paragraph 1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v)
the Schematic Design Documents as defined in paragraph 1.4.19 and (vi) the Open Book Price
Proposal as defined in paragraph 5.2.1.
1.4.3 The term "Contract Time" shall mean the number of calendar days stated in the
Price Proposal (as provided in paragraph 5.2.1) during which the Design -Builder has agreed to
achieve Substantial Completion of the Construction Work.
1.4.4 "Price Proposal" shall mean the cost of the design and construction proposed at
the time of execution of this contract,
1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1
1.4.6 "Guaranteed Maximum Price" (GMP) shall be the total cost of the project set at
the time the construction is authorized. The Design -Builder shall provide Payment, Performance
Bonds and Builders Risk Insurance in this amount. The Owner shall not be obligated to any costs
in excess of the GMP.
1.4.7 "Conceptual Budget Update" shall mean the budget submitted by the Contractor
for the estimated cost to construct the project as f the date of the budget submission.
1.4.8 The term "Construction Documents" shall mean the drawings, specifications
and other documents prepared by the Architect/Engineer and approved by the Owner for the
construction of the Project.
1.4.9 The term "Construction Work" shall mean all of Design -Builder's construction
services required by the Contract Documents, as defined in paragraph 1.4.2.
1.4.10 The term "Date of Commencement" shall have the meaning defined in paragraph
5.2.3, or 5.2.4.1, as applicable. The Owner will promptly proceed to obtain all easements, zoning
changes, approvals, and other legal requirements to allow construction to proceed without delay.
1.4.11 The term "day" or "days" shall mean calendar days unless otherwise specifically
noted in the Contract Documents.
1.4.12 The term "Defective Work" shall mean any portion of the Construction Work not
in conformance with the Construction Documents.
1.4.13 The term "Design Criteria Documents" shall mean the documents provided by
the Owner to the Design -Builder that provide sufficient basic programming information to permit
the Design -Builder to prepare a response to the Owner's request for proposal ("RIFF"). The
Design Criteria Documents must specify functional design and construction criteria the Owner
considers necessary and salient to describe the Project. The Design Criteria Documents may
include, as appropriate, basic interior space requirements, special material requirements, material
quality standards, conceptual criteria for this Project, special equipment requirements, cost or
budget estimates, time schedules, quality assurance and quality control requirements, site
development requirements, applicable codes and ordinances, provisions for utilities, parking
requirements, or any other requirements determined by the Owner to establish the salient
characteristics of the proposed project.
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1.4.14 The term "Design Consultants" shall mean the engineering or architectural
firm(s) employed by the Design -Builder to perform design or consulting work for the Project site,
and the building improvements. Such Design Consultants services may include civil engineering
for utilities, storm drainage, and pavement; geotechnical engineering; landscape architecture;
environmental engineering or consulting; and surveying and construction staking for site work.
Design Consultants for the building design may include electrical, structural, mechanical,
plumbing, architectural, ADAITSA and other specialty design areas.
1.4.15 The term "Differing Site Conditions" shall mean concealed or latent physical
conditions, or subsurface conditions at the Project site that (i) materially differ from the conditions
indicated in the Construction Design Documents or (ii) are of an unusual nature, differing
materially from the conditions ordinarily encountered and generally recognized as inherent in
construction work.
1.4.16 The term "Hazardous Material(s)" shall mean any materials, waste, substances,
and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws,
codes, ordinances, rules, regulations, orders and decrees of any governmental entity having
jurisdiction over the Project or the Project site.
1.4.17 The term "Other Contractors" shall mean any other independent contractor,
agent or representative employed by the Owner at the Project site who is not employed by the
Design -Builder, or its subcontractors.
1.4.18 The term "Project" is the building, facility, or other improvements at the location
provided by the Owner, which the Design -Builder has agreed to complete pursuant to the
requirements of the Construction Design Documents, as defined in paragraph 1.4.16.
1.4.19 The term "Schematic Design Documents" shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the Project's elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design -Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with a Conceptual Budget Update.
1.4.20 The term "Subcontractor(s)" shall mean any party or entity retained by the
Design -Builder as an independent contractor to provide any of the labor, materials, equipment,
and/or services necessary to complete a specific portion of the Construction Work under this
Agreement. The term Subcontractor does not include an architect, engineer, other design
consultants, if any, or any Other Contractors retained by the Owner with the Conceptual Budget
Update.
1.4.21 The term "Substantial Completion" shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner
can beneficially occupy or use the Project, or portion thereof, for its intended purposes. The
issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the
certificate of occupancy cannot be obtained due to factors beyond the Design -Builder's control.
The Design -Builder and the Owner agree to sign a certificate of Substantial Completion confirming
the date of Substantial Completion.
1.4.22 The term "Work Product" shall mean all drawings, specifications, and other
design documents, including those in electronic format prepared by or procured by the Design -
Builder in performance of this Agreement.
1.4.23 The term "Open Book Price" shall refer to the price of subcontracts and
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purchases, the site expenses for superintendence and professional services directly supporting
the construction effort plus agreed overhead and profit.
ARTICLE 2 - DESIGN -BUILDER'S SERVICES AND RESPONSIBILITIES
2. Design Services.
2.1 Schematic Design. The Design -Builder shall prepare a schematic design sufficient
in detail and scope to clearly identify all major features of the project, prepare a preliminary project
schedule, and to present a Conceptual Budget Update. The Owner shall accept, in writing, the
Schematic Design prior to detailed design and execution of the construction.
2.2 Final Design. Pursuant to a mutually agreeable schedule, the Design -Builder shall
submit for the Owner's approval Construction Documents that meet the requirements of the
Schematic Design Documents, and any change orders executed by both the Owner and the
Design -Builder after the date of this Agreement and prior to the submission of the Construction
Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the
requirements for the Construction Work, and shall be based upon codes, laws or regulations
effective on the date of this Agreement. If any codes, laws, or regulations are changed or are
enacted after the date of this Agreement affecting the performance of the Construction Work,
the Contract Price and the Contract Time shall be equitably adjusted to compensate the Design -
Builder for the changes. When the Design -Builder submits the Construction Documents to the
Owner, the Design -Builder shall identify in writing all material changes and deviations from the
requirements of the Schematic Design Documents. Material changes, if any, between the
Construction Documents and the Schematic Design Documents necessitated by changes in
codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2
equitably adjusting the Contract Price and/or the Contract Time. Three (3) sets of the
Construction Documents shall be furnished to the Owner prior to the date of commencement of
construction. Construction shall not start without a "Notice to Proceed". The Notice to Proceed
shall not be issued without bonds in place.
2.4 Construction Services.
2.4.1 The Design -Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design -
Builder and its Subcontractors shall provide all necessary construction labor, materials, tools,
equipment, as well as all construction supervision, inspection, and temporary utilities as required
to complete construction required by the Construction Documents.
2.4.2 The Design -Builder shall perform all Construction Work in accordance with the
requirements of the Construction Documents. Design -Builder shall at all times exercise complete
and exclusive control over the construction means, methods, sequences, and techniques. The
Design -Builder shall be responsible for the proper performance of the work, including all work
performed by its Subcontractors, and any acts and omissions in connection with such
performance.
2.4.3 The Design -Builder shall keep the Project site reasonably free from debris, trash,
and construction wastes to permit Design -Builder to perform the Construction Work efficiently,
safely, and without interference in the use of adjacent properties. Upon Substantial Completion
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of the Project, the Design -Builder shall remove all debris, trash, construction waste, materials,
equipment, machinery, and tools arising from the Construction Work, to permit Owner to occupy
the Project for its intended use. Upon completion of the Project, Contractor shall complete the
removal of all debris, trash, construction waste, materials, equipment, machinery, and tools
arising from the Construction Work prior to final payment being due.
2.5 Safety of Persons and Property. The Design -Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction Work
at the Project site, as well as the safety of all persons and property which could be injured during
the prosecution of any subcontract work. The provisions of this Agreement shall not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
subcontract work, nor for compliance with the applicable laws and regulations. The Design -
Builder shall be responsible for the safety of all employees and workmen directly employed by
the Design -Builder at the Project site.
2.5.1 Safety Representative. The Design -Builder shall designate an individual at the
Project site in the employment of the Design -Builder who shall act as the Design -Builder's
designated safety representative. Unless otherwise identified by the Design -Builder in writing to
the Owner, the designated safety representative shall be the Design -Builder's project
superintendent, The Design -Builder will promptly report to the Owner in writing all accidents and
injuries occurring at the Project site. When the Design -Builder is required to file an accident report
with a public authority, the Design -Builder shall furnish a copy of the report to the Owner. The
Design -Builder and its Subcontractors shall comply with all legal requirements relating to the
safety, as well as any of Owner's specific safety requirements if specified in the Contract
Documents.
2.5.2 _Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design -Builder whether in hard copy
or in electronic form, are instruments of service for this Project, whether the Project is completed
or not.
Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner
of any such instruments of service without the written permission of the Design -Builder will be at
the Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications
and documents. Transfer of ownership of the contract documents does not constitute sale of the
documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design -Builder or procured from qualified, independent licensed design consultants shall prepare
the Construction Documents. The standard of care for all design professional services performed
under this Agreement shall be the care and skill ordinarily used by members of the architectural
and engineering professions practicing under similar conditions at the same time and locality as
the Project. This Agreement does not establish or create any legal or contractual obligations
between the Owner and the design professionals employed by the Design -Builder, and the design
professionals shall not be deemed to be a third party beneficiaries under this Agreement. The
design professionals shall be selected based upon demonstrated competence and qualifications
in accord with Section 2254.004, Texas Government Code.
2.5.4 Hazardous Materials. The Design -Builder shall not be obligated to
commence or continue the Construction Work until all known or suspected Hazardous Material
discovered at the Project site not introduced onto the Project site by the Design -Builder have been
removed or rendered harmless by the Owner, as certified by an independent testing laboratory
and approved by the appropriate government agency.
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2.5.4.1 The Design -Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of
the Construction Work known or suspected Hazardous Materials are discovered at the Project,
the Design -Builder shall be entitled to immediately stop Construction Work in the affected area,
unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The
Design -Builder shall report the condition to the Owner, and, if required, the governmental agency
having jurisdiction. If the Design -Builder incurs additional cost and/or is delayed due to the
presence or remediation of Hazardous Material, the Design -Builder shall be entitled to an
equitable adjustment in the Contract Price and/or the Contract Time, unless such Hazardous
Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall not
be required to perform any Construction Work related to or in the area of Hazardous Material not
introduced into the Project site by it unless a written agreement is entered into between the
Design -Builder and the Owner to provide for extra cost, if any, extra time, if any, and additional
risk incurred by the Design -Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not
introduced by the Design -Builder, the Owner shall be responsible for retaining an independent
testing laboratory to determine the nature of the material encountered and whether it is a
Hazardous Material requiring corrective measures and/or remedial action, otherwise the Design -
Builder shall be responsible for such testing. Such measures shall be the sole responsibility of
the Owner, and shall be performed in a manner minimizing any adverse effect upon the
Construction Work of the Design -Builder, unless such Hazardous Materials are introduced onto
the Project site by the Design -Builder. The Design -Builder shall resume the Construction Work in
the area affected by any Hazardous Material only after written agreement between the Owner
and the Design -Builder has been executed, after the Hazardous Material has been removed or
rendered harmless, and after approval of the governmental agency or agencies with jurisdiction,
if required.
2.5.4.3 If hazardous materials are encountered as a result of the Owner's failure to identify
or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design -Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses incurred
by the Owner arising out of or related to the performance of the construction work in the area
affected by the Hazardous Material existing at the Project site prior to commencement of the
Project; (2) release the Design -Builder from any indemnification obligations in this Agreement as
it relates to Hazardous Materials only; (3) extend the Contract Time by the actual number of days
that the Design -Builder is delayed in the completion of the Contract Work arising out of or related
to the identification, testing, and abatement of the Hazardous Material existing at the Project site
prior to commencement of performance; (4) execute a Change Order increasing the Contract
Price by any costs or losses incurred by Design -Builder which arise out of the testing or abatement
of the Hazardous Material existing at the Project site prior to commencement of performance, or
relate to the performance of Construction Work in the area affected by the Hazardous Material
prior to the Design -Builder's discovery of the Hazardous Material existing at the Project site prior
to commencement of performance.
2.5.4.4 During performance of the Construction Work, the Design -Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design -
Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the
Design -Builder shall continue to be responsible for materials and substances brought to the
Project site, if such materials or substances are required by the Construction Documents.
2.5.4.5 If Hazardous Materials are encountered as a result of the Design -Builder or its
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Subcontractors' importation of such materials onto the Project site, the Design -Builder shall
defend, indemnify and hold harmless the Owner, its officers, directors, and employees from and
against any and all claims, damages, losses, costs and expenses, including but not limited to
attorney's fees, arising out of or related to the Construction Work in any area affected by
Hazardous Materials This indemnification shall apply without regard to the fault, negligence,
breach of warranty or contract, or strict liability of the Owner and shall indemnify the
indemnities for their own fault or negligence.
2.6 Design -Builder's Warrant. Design -Builder warrants to Owner that all materials and
equipment furnished under this Agreement will be new, unless otherwise specified. The
Design -Builder also warrants to the Owner that all materials and equipment furnished under this
Agreement will be in conformance with the Construction Documents. Design -Builder's warranty
obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction
Work by persons other than the Design -Builder. The Design -Builder agrees to correct all
Defective Work for which the Owner provides notice to the Design -Builder within a period of
One Year from the date of Substantial Completion. The Design -Builder shall collect written
warranties as defined in the contract documents from manufacturers, as well as all equipment
manuals, and deliver them to the Owner for the Owner's use. To the extent that products,
equipment, systems or materials incorporated into the Construction Work are covered by a
warranty from the manufacturer of such products, equipment, systems or material in excess of
one year, the Owner's remedy to correct the defective products, equipment, systems, or
materials after the one-year period shall be exclusively against the warranty of the
manufacturer. Prior to the expiration of the one year warranty there will be a walk through
attended by the Owner, Architect, and Contractor to identify any items that need to be
addressed. These items will be agreed upon by all parties and the contractor will complete the
work within 30 days.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Design -Builder,
3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate with
Design -Builder and perform its responsibilities, obligations and services in a timely manner to
facilitate Design -Builder's timely and efficient performance of the Construction Work and so as
not to delay or interfere with Design -Builder's performance of its obligations under the Contract
Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable
assistance to the Design -Builder in obtaining the permits, approvals, and licenses that are the
responsibility of the Design -Builder.
3.1.2 Owner shall provide timely reviews and approvals of interim design submissions,
Schematic Design Documents, and Construction Documents consistent with Owner's normal
business practices and within the negotiated times set forth in Design -Builder's schedule.
3.2 Information and Services Provided by Owner.
3.2.1 The Owner shall provide full information in a timely manner regarding requirements
for the Project including all information contained in the Design Criteria Documents.
3.2.2 Owner will assist with securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design -Builder
to perform the Work.
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3.3 Approval of Construction Documents. At the time of the Owner's approval of the
Conceptual Budget Update, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Construction Documents provided to the Owner by the Design -Builder.
Upon the Owner's approval, the Construction Documents shall be part of the Contract Documents
and shall constitute the scope of the design and construction services to be performed by Design -
Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate
with Design -Builder to assure that the Construction Work is timely and efficiently performed
without delay or interference to the services provided by Design -Builder. The Owner shall assign
Ronald Clements, Project manager, as the Owner representative who shall be fully acquainted
with the Project and who shall have authority to bind the Owner in all matters requiring the Owner's
approval, authorization, or written notice. If the Owner changes its representative or the
representative's authority as listed above, the Owner shall notify the Design -Builder in writing, in
advance of such change.
3.4.2 Owner is responsible for all work performed on the Project or at the location of the
Project by other contractors under separate contracts with the Owner. Owner shall contractually
require its separate contractors to cooperate with and coordinate their activities with Design -
Builder, so as not to interfere with Design -Builder in performance of this Agreement.
3.4.3 Owner shall contract for, independently of the Design -Builder, the inspection
services, the testing of construction materials, and the verification testing services necessary for
acceptance of the Project.
3.4.4 Any change order or cumulative change orders in an amount greater than
$100,000 requires the prior approval of the City Council of the City of Fort Worth.
ARTICLE 4 - CONTRACT TIME
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract Time
as specified pursuant to paragraph 5.2.1,4 and as extended pursuant to paragraph 4.2, Unless
causes beyond the Design -Builder's control delay final completion, the Design -Builder shall
achieve final completion of the Construction Work, including all punch list work, within sixty (60)
days from the date of Substantial Completion.
4.2 Extensions of Time.
4.2.1 If causes beyond the Design -Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be extended
as appropriate. Such causes shall include but not be limited to: changes ordered in the
Construction Work by the Owner, negligent acts or omissions of the Owner or Other Contractors,
the Owner's interference in the Design -Builder's performance of Construction Work, the presence
of Hazardous Materials at the Project site, the presence of Differing Site Conditions, adverse
weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes
impacting the Project, actions by governmental agencies, and/or unavoidable accidents or
circumstances. Causes beyond the control of the Design -Builder do not include negligent acts or
omissions on the part of the Design -Builder, Subcontractors, or the Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the Owner
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and the Design -Builder agree to undertake reasonable efforts to mitigate the effects of such
delays.
4.3 Liquidated Damages. The parties agree and acknowledge that actual damages are
uncertain and difficult to ascertain because the Project relates to construction for a municipality.
Normal damages of lost rent or profit are not applicable in this circumstance because the City is
a municipality and the Project will not receive rent and the City will not have lost profits. Therefore,
the parties agree that because City's actual damages are too difficult to ascertain that the
liquidated damages stated below are reasonable and a correct representation of actual damages
to the City. The parties also agree that the liquidated damages called for in this contract are not
a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction
for liquidated damages shall be as follows:
Amount of Contract
$15,000 or less
$15,001 to
$25,000
$25,001 to
$50,000
$50,001 to
$100,000
$100,000 to
$500,000
$500,001 to $1,000,000
$1,000,001 to $2,000,000
$2, 000, 001 to $5, 000, 000
$5,000,001 to $10,000,000
Over $10,000,000
ARTICLE 5 - CONTRACT PRICE
Liquidated Damages per Day
$45
$63
$105
$154
$210
$315
$420
$630
$840
$980
5.1 Contract Price. Owner shall pay Design -Builder, in accordance with Article 6 hereof, total
compensation ("Contract Price") not to exceed the Guaranteed Maximum Price.
5.2 Contract Cost.
5.2.1 Guaranteed Maximum Price Proposal ("GMP"). The Design -Builder shall
submit a Price Proposal to the Owner for each phase working toward a GMP, which shall be
limited to a not -to -exceed amount of $4,390,000.00, based on Design -Build management fees of
3.35% for design and 3.59% for construction, and to include a $300,000.00 Owner's Construction
Contingency Allowance. All unspent contingencies belong to the City at the completion of the
project.
5.2.1.2 The construction Documents shall be the basis for the procurement and trade bids.
The Construction Documents, in conjunction with the trade bids, shall be the basis for the
Guaranteed Maximum Price and Final Schedule.
6.2.1.3 A list of the assumptions and clarifications made by Design -Builder in establishing
the GMP, which list Is intended to supplement the information contained in the Construction
Design Documents,
5.2.1.4 The Contract Time upon which the proposed GMP is based;
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5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP
Proposal, Design -Builder and Owner shall meet to discuss and review the Design Documents
and the Price Proposal. if Owner has any comments regarding the GMP Proposal, or finds any
inconsistencies or inaccuracies in the information presented, the Owner shall promptly give
written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder
shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal.
5.2.3 Acceptance of Price Proposal. If Owner accepts the GMP Proposal, the GMP
Proposal and all documents submitted with the GMP Proposal shall amend and become a part of
this Agreement. The Date of Commencement shall be ten (10) business days after Design -
Builder's receipt of Owner's acceptance of the GMP Proposal. Design -Builder will proceed with
completion of design and ordering of long lead-time materials required for the Project.
5.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or
fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it
accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such
event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with
Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design -Builder's written acceptance of
such modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design -Builder 50% of the
Design Fee and the associated Management Fees for the preparation of the Schematic Design
Documents, such payment being the total compensation Design -Builder will be entitled to for any
and all work performed prior to the date of such termination.
5.3 Adiustments to Price The GMP Price shall be equitably adjusted to provide for changes
in the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts or
omissions of the Owner, the Owner's representatives, or any Other Contractors;
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design -
Builder;
5.3.4 The Owner's suspension of the work under this Agreement; or
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the
Design -Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
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6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction Work,
the Design -Builder shall provide to the Owner a schedule of values consisting of a breakdown of
the Open Book Price with separate line items for the major elements of the Construction Work
included in the Lump Sum Price.
.. 6.1.2 If the Owner disagrees with the values utilized by the Design -Builder in the
schedule of values, the Owner shall provide the Design -Builder a written objection to the schedule
of values within seven (7) days after the Owner's receipt of the schedule of values, specifically
stating the items with which the Owner objects, the basis for such objection, and the adjustment
in the schedule of values which would be satisfactory to the Owner. In the event of objection by
the Owner, the Design -Builder and the Owner shall negotiate in good faith to resolve any such
objection before commencement of the Construction Work. The Design -Builder shall not be
required to commence the Construction Work until all such objections are resolved. If any such
delays in the commencement of the Construction Work are encountered, the Design -Builder shall
be entitled to an adjustment of the Contract Time.
6.2 Monthly Progress Payments.
6.2.1 On the first day of each month after the Date of Commencement, the Design -
Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the Project
site (or at other locations approved in writing by the Owner). Approval of payment applications
for such stored materials shall be conditioned upon submission by the Design -Builder of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such
materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design -Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of
an application for payment shall only be based on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt of each monthly application for payment, the Owner shall pay directly
to the Design -Builder, the amount for which the application for payment is made, less any amounts
previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific portion of the items
in the schedule of values rejected or adjusted and the Owner's basis for such rejection or
adjustment. If the Owner and Design -Builder cannot agree on a revised amount, the Owner shall
pay directly to the Design -Builder the amount of those items not rejected and the uncontested
amount of items adjusted, less amounts previously paid by the Owner. The items rejected or
adjusted by the Owner shall be due and payable when the reasons for the Owner's rejection or
adjustment have been removed or cured.
6.2.3 Justification for Owner's Adiustment. For the following reasons, the Owner
may reject or adjust an application for payment submitted by the Design -Builder to the extent
necessary to protect the Owner from loss or damage for which Design -Builder is responsible
under this Agreement:
6.2.3.1 The Design -Builder repeatedly fails to perform the Construction Work as required
by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and
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caused by the Design -Builder, but only to the extent that such loss or damage is not covered by
insurance provided by Design -Builder or by Owner pursuant to the terms of this Agreement;
6.2.3.3 The Owner receives notice that the Design -Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design -Builder for such
Construction Work;
6.2.3.4 The Design -Builder fails to correct Defective Work in a timely manner as provided
in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
complete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment has
been removed, the Owner will make payment within thirty (30) days to the Design -Builder for the
amounts previously withheld.
6.2.4 Retainage Before Substantial Completion. From each progress payment made
prior to the time of Substantial Completion of the Construction Work, the Owner may retain five
percent (5%) of the amount otherwise due under this Agreement.
6.2.5 Retainage After Substantial Completion. Upon Substantial Completion of the
Construction Work, the Owner shall -pay the Design -Builder the unpaid balance of the Contract
Price, less a sum equal to 150% of the Owner's estimated cost of completing any unfinished
items, as agreed to between the Owner and the Design -Builder. The Owner thereafter shall pay
the Design -Builder monthly the amount retained for unfinished items as each item is completed.
6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design -Builder at the time
payment of any amount becomes due, and such amount remains unpaid for a period of thirty (30)
days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the
Design -Builder of the Design -Builder's intention to cease work on the Project, the Design -Builder
may stop all work on the Project until full payment of the amount owing has been received by the
Design -Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination
from the Design -Builder, the Design -Builder may terminate this Agreement. Payments due but
unpaid pursuant to this Agreement shall bear interest at the rate set forth for past due construction
payments in Chapter 2251 of the Texas Government Code.
6.2.7 Warranty of Clear Title. The Design -Builder warrants and guarantees that title to
all work, materials, and equipment covered by an application for payment, whether incorporated
in the Project or not, will pass to the Owner upon receipt by Design -Builder of payment for the
application for payment, free and clear of all liens, claims, security interests, or encumbrances.
The Owner's payment of an application for payment, whether in whole or in part, shall not be
deemed acceptance of any Construction Work not conforming to the requirements of the
Construction Documents, it being the duty and responsibility of the Design -Builder to perform the
Construction Work in accordance with the requirements of the Construction Documents.
6.3 Final Payment,
6.3.1 Upon completion of all work under this Agreement, including punch list work,
Design -Builder shall submit an invoice to Owner for the final Contract Price, less progress
payments previously received (the "Final Invoice").
6.3.2 Owner shall have 30 days to review and audit Design -Builder's Final Invoice, if
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the Owner disagrees with the Design -Builder's Final Invoice notice thereof shall be provided to
Design -Builder not later than 35 days following Design -Builder's submission of its Final Invoice.
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed
and the reason(s).
6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless
be made for the undisputed balance, if any, due Design -Builder. Such payment of the undisputed
balance is due not later than 45 days following Design -Builder's submission of the Final Invoice.
With respect to the disputed amount of Design -Builder's Final Invoice the parties shall meet within
the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by
agreement. If that process is unsuccessful, the Owner and Design Builder shall submit the dispute
to non -binding mediation, and if such mediation is unsuccessful in resolving the dispute, either
Owner or Design -Builder may bring suit in a court of competent jurisdiction located in Tarrant
County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreement is less than
the sum of progress payments previously received, Design -Builder shall refund the amount of
such excess progress payments received to Owner within 10 days following the final
determination of the final total Contract Price. Any refund not so made shall bear interest at the
rate of ten percent (10%) per annum.
6.3.5 Owner shall pay Design -Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not
timely paid under this Agreement. To the extent any disputed entitlement to payment is resolved
in favor of the Design -Builder, such interest shall be paid on the amount determined to be due
Design -Builder from the original due date of the disputed payment.
ARTICLE 7 - CHANGES IN THE WORK
7.1 Changes in the Work. Changes in the Construction Work which are within the
general scope of this Agreement may be accomplished without invaliding the Agreement by
Change Order as provided in paragraph 7.2, a Work Change Directive as provided in paragraph
7.3, or a Minor Change in the Work as provided in paragraph 7.4.
7.2 Change Orders. The Owner may order changes in the Construction Work within the
general scope of the Construction Documents by a Change Order. All such changes in the
Construction Work shall be authorized by the Owner pursuant to a written change order executed
by the Owner and the Design -Builder, and shall be performed under applicable conditions of the
Contract Documents. Each adjustment in the Contract Price and/or Contract Time resulting from
a Change Order shall clearly separate the amount attributable to design services. The Owner
and the Design -Builder shall negotiate in good faith an equitable adjustment to the Contract Price
and the Contract Time and shall conclude these negotiations as expeditiously as possible.
Neither the Design -Builder nor the Owner shall unreasonably withhold acceptance of the Change
Order, any adjustment in the Contract Price, and/or Contract Time.
7.3 Work Change Directive. In the event the Owner and the Design -Builder cannot agree
on an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a
Work Change Directive, directing a change in the Construction Work if the changed work is within
the general scope of the Construction Documents. If the Owner issues a Work Change Directive,
the Design -Builder shall provide an accounting to the Owner for all extra costs incurred by the
Design -Builder as a result of the Work Change Directive. The Design -Builder shall also record
all extra time required for the completion of the work required by the Work Change Directive. The
Contract Price will be increased by the amount of such additional costs plus fifteen percent (15%)
of such costs for Design -Builder's overhead and profit. The Design -Builder will also be entitled to
an extension of the Contract Time that corresponds with the additional time required to complete
the work under the Work Change Directive. If the Owner and Design -Builder subsequently agree
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Northside Community Center Renovation (December 2019)
to the adjustments in the Contract Price and the Contract Time for work under the Work Change
Directive, such agreement shall be documented by completion of a Change Order.
7.4 Minor Changes in the Work. Design -Builder, with the written approval of the
Owner, may make minor changes in the design and construction of the Project consistent with
the intent of the Contract Documents, which do not involve an adjustment of the Contract Price
and/or the Contract Time, and which do not materially or adversely affect the design of the Project,
the quality of any of the materials or equipment specified in the Construction Documents, the
performance of any equipment or systems specified in the Construction Documents, or the quality
of workmanship required by the Construction Documents.
7.5 Differing Site Conditions. If Design -Builder encounters a Differing Site Condition that
is manmade, Design -Builder will be entitled to an adjustment in the Contract Price, and/or the
Contract Time, to the extent that the Differing Site Condition adversely impacts design -Builder's
costs and/or time of performance. Upon encountering a manmade Differing Site Condition,
Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall
not be later than five (5) business days after the impact of such manmade Differing Site Condition
has been determined by Design -Builder. Design -Builder shall, to the extent reasonably possible,
provide such notice in a manner to allow the Owner to mitigate any costs or extra expenses arising
out of the manmade Differing Site Condition. Design -Builder waives any claim for additional time
and/or compensation for failure to provide written notice as required herein. Design -Builder shall
not be entitled to any additional compensation for a naturally occurring Differing Site Condition,
but shall be entitled to and adjustment in Contract Time.
ARTICLE 8 - INDEMNITY, INSURANCE AND BONDS
8.1 IndemnitV. DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER. DESIGN -
BUILDER DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND
RESPONSIBILITY OF OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR
PROPERTY DAMAGE OR LOSS, ANDIOR PERSONAL INJURIES, INCLUDING DEATH, TO
ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS
AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OWNER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. DESIGN -BUILDER
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD
OWNER HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES
TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS AGREEMENT, WHETHER
ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART,
ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR
INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO
INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE; PROVIDED,
HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE THE DESIGN
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PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER OWNER. FOR THE OWNER'S
SOLE NEGLIGENCE.
8.2 Design -Builder's Liability Insurance. The Design -Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design -Builder's operations or from the operations of any
Subcontractors, their employees, or by an individual or entity for whose acts they are liable:
8:2.1 Claims under Workers' Compensation statutes or'other disability benefits statutes
applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design -Builder's employees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design -Builder;
8.2.4 Claims for personal injury disability for damages directly or indirectly related to the
person's employment by the Design -Builder;
8.2.5 Claims for damage to or destruction of tangible property;
8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle
liability for motor vehicles used or operated by the Design -Builder; and
8.2.7 Claims for contractual liability involving the Design -Builder's obligations under the
indemnity provided in this Agreement.
8.2.8 Claims for loss of use of Owner's property located at the Project site occurring
before Substantial Completion.
8.2.9 Claims for damage to boiler and machinery located at the Project site occurring
before Substantial Completion.
8.2.8 The Design -Builder's liability insurance policies shall be written for not less than
the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
Automobile Liability
$1,000,000 each accident on a combined single limit basis
Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non -owned.
Workers' Compensation
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Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 -- 1.01
et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
8.2.9 Commercial General Liability Insurance maybe arranged under a single policy for
the full limits required or by a combination of underlying policies and an excess of umbrella liability
policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed
until at least thirty (30) days prior written notice has been given to the Owner. Certificates of
insurance showing required coverage to be in force shall be filed with the Owner prior to
commencement of the Construction Work. Products and completed operations insurance shall
be maintained for a minimum period of one year after the date of Substantial Completion.
8.3 Professional Liability Insurance. The Design -Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under this Agreement. The professional liability
insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate,
with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period
of three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design -Builder shall obtain and maintain All Risk
Builder's Risk insurance for the Construction Work required under this Agreement. This insurance
shall include as named insureds the Owner and the Design -Builder. This insurance shall include
all risk insurance for physical loss or damage including without duplication of coverage, at least:
theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary
buildings, debris removal, testing, and demolition resulting from enforcement of any applicable
legal requirements.
8.5 Additional Insurance Requirements.
8.5.1 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.
8.5.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000 Throckmorton
Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project.
8.5.3 Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
8.5.4 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.
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8.6.5 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.
8.5.6 Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
8.5.7 Other than worker's compensation insurance,', 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.
8.5.8 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.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs
for contractor's insurance.
8.5.10 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.
8.5.11 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.
8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
8.5.13 Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
8.6 Bonds and Other Performance Security.
8.6.1 The Design -Builder shall give the Owner surety in a sum equal to the amount of the
Lump Sum Price, as reduced by cost of the design services. The Design -Builder shall be required
to furnish bonds as follows. All bonds furnished hereunder shall meet the requirements of Chapter
2253 of the Texas Government Code, as amended. In order for a surety to be acceptable to the
Owner, it must meet the requirements of V. A. T. S. Insurance Code, art. 7.19-1.
8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $50,000, a Payment Bond shall be executed in the amount of the contract solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in excess
of $100,000, a Performance Bond shall be executed in the amount of the contract conditioned
on the faithful performance of the work in accordance with the plans, specifications, and contract
documents. Said bond shall solely be for the protection of the Owner.
8.6.4 No sureties will be accepted by the Owner that are at the time in default or
delinquent on any bonds or which are interested in any litigation against the Owner. Should any
surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given
to the contractor to that effect and the contractor shall immediately provide a new surety
satisfactory to the Owner.
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Northside Community Gentef Ronovation (December 2019)
8.7 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW:
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the commission, or a coverage agreement (TVVCC-
81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project, for the duration
of the project.
8.7.1.2 Duration of the project includes the time from the beginning of the work on the
project until the contra ctor'slperson's work on the project has been completed and accepted by
the governmental entity.
8.7.1.3 Persons providing services on the project ("sub -contractor" in §406.096) includes
all persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the contractor
and regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other services related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
8.7.2 Design Builder shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design -Builder
providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
8.7,4 If the coverage period shown on the Design -Builder's current certificate of
coverage ends during the duration of the project, the Design -Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.6 The Design -Builder shall obtain from each person providing services on a project,
and provide the governmental entity:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design -Builder, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
8.7.6 The Design -Builder shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
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Northside Community center Renovation (December 2019)
8.7.7 The Design -Builder shall notify the governmental entity in writing by certified mail
or personal delivery, within ten (10) days after the Design -Builder knew or should have known„
of any change that materially affects the provision of coverage of any person providing services
on the project.
8.7.8 The Design -Builder shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify'coverage and report lack of coverage.
8.7.9 The Design -Builder shall contractually require each person with whom it contracts
to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
8.7.9.2 Provide to the Design -Builder, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
8.7.9.3 Provide the Design -Builder, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
8.7.10 Obtain from each other person with whom it contracts, and provide to the Design -
Builder:
8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on the
project; and
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
8.7.11 Retain all required certificates of coverage on file for the duration of the project and
for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery, within
ten (10) days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as required
by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they
are providing services.
8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design -Builder is representing to the governmental entity that all employees of the
Design -Builder who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of
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Northsido Community Center Renovation (December 2019)
Self -Insurance Regulation. Providing false or misleading information may subject the Design -
Builder to administrative, criminal, civil penalties or other civil actions.
8.7.15The Design -Builder's failure to comply with any of these provisions is a breach of
contract by the Design -Builder which entitles the governmental entity to declare the contract void
if the Design -Builder does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
8.7.16 The Design -Builder shall post a notice on each project site informing all persons
providing services on the project that they are required to be covered, and stating how a person
may verify current coverage and report failure to provide coverage. This notice does not satisfy
other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30
point bold type and text in at least 19 point normal type, and shall be in both English and Spanish
and any other language common to the worker population. The text for the notices shall be the
following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
labor or transportation or other service related to the project, regardless of the identity
of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, orto report an employer's failure to provide coverage".
Part 4 - ARTICLE 9 - SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension bV the Owner for Convenience. Owner may order Design -Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of
time as the Owner may determine to be appropriate for its convenience without additional
compensation to the Design -Builder. To the extent the time for performance of the Construction
Work is impacted by such suspension, delay or interruption an equitable adjustment shall be
made in the Contract Price and/or Contract Time. No adjustment shall be made if the Design -
Builder is or otherwise would have been solely responsible for the suspension, delay or
interruption of the Construction Work, or if another provision of this Agreement is applied to render
an equitable adjustment.
9.2 Termination by the Owner for Cause.
9.2.1 If Design -Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure
to commence and continue correction of such failure, then the Owner may undertake to perform
such obligations. The costs incurred by the Owner in performing such obligations may be
deducted from the Contract Price.
9.2.2 If Design -Builder fails to cure upon seven (7) days' written notice to Design -Builder
and Design -Builder's surety, Owner may, after seven days following receipt by the Design -Builder
of an additional written notice, terminate this Agreement for any of the following reasons:
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9.2.2.1 If Design -Builder persistently utilizes improper materials and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design -Builder has not made proper payment to
laborers, material suppliers or Sub -contractors, provided that the Owner has fully paid to the
Design -Builder in accordance with the terms of this Agreement, the payment sought by such
laborers, material suppliers or Sub -contractor, or
9.2.2.3If Design -Builder persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
9.2.2.4 If Design -Builder is in breach of any other requirement of the Contract Documents.
9.2.3 Owner may terminate this Agreement for cause if Design -Builder files a petition
under the Bankruptcy Code, and Design -Builder or the Design -Builder's trustee rejects the
Agreement or, if there has been a default, the Design -Builder is unable to give adequate
assurance that Design -Builder will perform as required by this Agreement or otherwise is unable
to comply with the requirements for assuming this Agreement under the applicable provisions of
the Bankruptcy Code.
9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
9.2.3, upon the request of the Design -Builder, the Owner shall provide a detailed accounting of
the obligations or work of the Design -Builder performed by Owner and the cost incurred by the
Owner in performing such obligations or work.
9.3 Termination by the Owner Without Cause. If Owner terminates this Agreement
other than as set forth in paragraph 9.2, then Owner shall pay Design -Builder for all work
completed as of the termination date (including any withheld retainage), plus all proven losses,
costs or expenses incurred in connection with demobilization and termination of the Construction
Work. Design -Builder shall not be entitled to any compensation for lost or anticipated profits.
9.4 Termination by the Design -Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design -Builder may
terminate this Agreement for any of the following reasons:
a) if the Owner suspends the Work for sixty (60) days;
b) if the Owner fails to furnish reasonable evidence that sufficient funds are available and
committed for the entire cost of the Project; or
c) if the Owner has for thirty (30) days failed to pay the Design -Builder pursuant to
Subparagraph 6.2.
9.4.2 Upon termination by the Design -Builder in accordance with paragraph 9.4.1, the
Design -Builder shall be entitled to recover payment from the Owner as if the Owner had
terminated this Agreement under paragraph 9.3. Design -Builder shall not be entitled to any
compensation for lost or anticipated profits.
ARTICLE 10 --- MINORITYIWOMEN BUSINESS ENTERPRISE PARTICIPATION
10.1 The goals of twenty-five percent (25%) SBE for design and twenty-five percent
(25%) MBE for construction have been established for Minority and Women Business
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Enterprise (MMNBE) participation in this Agreement. Design -Builder shall fully comply with all
requirements of Owner of Fort Worth Ordinance No. 15530 in meeting this established goal.
10.2 In accord with City of Fort Worth Ordinance No. 15530, Owner has goals for the
participation of minority business enterprises and woman business enterprises in Owner's
contracts. Design -Builder acknowledges the MIWBE goal established for this contract and its f
commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Design -Builder may result in the termination
of this agreement and debarment from participating in Owner contracts for a period of time of not
less than three (3) years.
ARTICLE I I -MISCELLANEOUS
11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered
when deposited in the United States mail, first class postage prepaid, addressed to the recipient
at:
HM & MF, LTD. dlbla Muckleroy & Falls, a Texas Limited Partnership
3200 Riverfront Drive, Suite 200
Fort Worth, Texas 76107
CITY OF FORT WORTH
Architectural Services Manager
Property Management Department
401 West 131' Street
Fort Worth, TX 76102
11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement,
and any other Contract Document, the terms of this Agreement shall control over the other
Contract Documents.
11.3 Governing Law., The laws of the State of Texas shall govern this Agreement and the
parties agree that any suit arising out of or relating to this Agreement shall be exclusively in
Tarrant County, Texas.
11.4 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.
11.5 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
Instructions to Offerors Page 44 of 53
Northside Community Center Renovation (December 2019)
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,
11.6 No Waiver of Performance. The failure of either the Owner or the Design -Builder to
insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be
construed as a waiver or relinquishment of such term, covenant, condition or right with respect to
further performance.
11.7 Severability. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
11.8 Right to Audit.
11.8.1 Design -Builder agrees that Owner shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of the Design -Builder
involving transactions relating to this Agreement. Design -Builder agrees that the Owner
shall have access during normal working hours to all necessary Design -Builder facilities
and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. Owner shall give Design -Builder
reasonable advance notice of intended audits.
11.8.2 Design -Builder shall include in all its subconsultant agreements and subcontracts
hereunder a provision to the effect that the subconsultant and/or sub -contractor agree that
the Owner shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly pertinent
books, documents, papers and records of such subconsultant or sub -contractor involving
transactions to the sub -agreement, and further, that Owner shall have access during
normal working hours to all subconsultant or sub -contractor facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this section. Owner shall give subconsultants or sub -contractors
reasonable advance notice of intended audits.
11.8.3 Design -Builder agrees to photocopy such documents as may be requested by
Owner, and further agrees to include such a provision in any subconsultant or sub -contractor
agreement. Owner agrees to reimburse for the cost of copies at the rate published in the
Texas Administrative Code in effect as of the time copying is performed.
11.9 Additional Compensation Anywhere in this Agreement where Design -Builder may be
entitled to additional compensation, the calculation to determine such additional compensation
shall not include any costs or expenses for any home -office overhead and expenses, and shall
be limited to the costs incurred at the Project site, examples of which include Project site trailer,
Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and
Project Manager (based on hourly rate) and like Project site specific costs.
Instructions to Offerors Page 45 of 53
Northside Community Center Renovation (December 2019)
A TI C L E i 2 -C ounte rpa cs
Execu t ed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
By :
Name : Dana Burghdoff, AICP
Title : Assistant City Manager
Date: Jun 16, 2020
Approval Recommended:
By: Steve Cooke (Jun 15, 2020 09:27 CDT)
Name : Steve Cooke
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible-Jar the monitoring and
administration of this contract, includin g
ensuring all performance and reporting
requirements .
By : ~-~ ~. ~
Name: Brian Glass
Title : Architectural Services Manager
Approved as to Form and Lega lity :
Title : Director, Property Man · •me,,..,_,.,.,, 1-S S/r(lt111_
· y , JB Strong(.);.;¥, 2020 17:01 CDT)
Attest: ___ :. o\.· a.me: ---Jo_h_n_B __ -S-tr_o_n_g ____ _
·:· _. itle: Assistant City Attorney
By:
Name: Mary J. Kay
Title : City Sec retary t '•···1i;{iif "~----<--
CONTRACTOR:
HM & MF, LTD . d/b/a Muckleroy & Falls, a
Texas Limited Partnership
~~m:-IS;. ,/1<2
Title: VP, Preconstruction/Estimating
Date : 6/1/u;w
HM & MF, Ltd .. d/b/a MUCl<LEROY & FA LLS , a Tex as
Limited Partnership by Muckleroy & Fall s Construction
Co .• a Texas Corporation and General Partn er
Instructions to Offerers
Northside Community Center Renovation (December 2019)
Contract Authorization:
\M&C: 20-0240 4-7-2020
OFFICIAL RECOR D
CITY SECRETARY
FT. WORTH, TX
Page 46 of 53
Bond # 2302765
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, HM & MF, LTD. dlbla Muckleroy & Falls , known as "Principal" herein
and Westport Insurance Corporation , a
corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas,
known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort
Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in
the penal sum of, Four Million Three Hundred Ninety Thousand Dollars and No Cents
4 390 000.00 , lawful money of the United States, to be paid in Fort Worth, Tarrant County,
Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded
the 7th day of April , 2020, which Contract is hereby referred to and made a part hereof
for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
accessories defined by law, in the prosecution of the Work, including any Change Orders, as
provided for in said Contract designated as Northside Community Center Renovation located
at 1100 Northwest 8111 Street Fort Worth Texas PMD2019-05 CitV Project #101654.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations render the Contract and shall in all respects duly and faithfully
perform the Work, including Change Orders, under the Contract, according to the plans,
specifications, and contract documents therein referred to, and as well during any period of
extension of the Contract that may be granted on the part of the City, then this obligation shall be
and become null and void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division.
Instructions to Offerors Page 49 of 53
Northside Cnmmunily Center Renovalion (December 2M)
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance
with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 4th day of May , 2020.
ATTEST:
(Principal) Secretary
Witness as to Principal
cjz� L_�
Witness as to Surety
PRINCIPAL:
HIM & MF dba Muckleroy & Falls, LP
Mill 11 j
v.16M �c��
Name and Title
Address: 5801 Edwards Ranch Road, Suite 100
Fort Worth, TX 76109
HM & MF, Ltd., dlbla MUCKLEROY & FALLS a Te as
Umifed Partnership by Muckleroy & Falls Construction
Co.. a Texas Corporation and General Partner
SURETY:
Westport Insurance Corporation
BY:
Signature
Debra Lee Moon, Attorney -in -Fact
Name and Title
Address: 1200 Main St, #800
Kansas City, MO 64105
Telephone Number: (M) 676-5200 _
"Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the
by-laws showing that this person has authority to sign such obligation. If Surety's physical address is
different from its mailing address, both must be provided. The date of the bond shall not be prior to the date
the Contract is awarded.
Instructions to Offerors
Northside Community Center Renovation (December 2019)
Page 50 or 63
Bond ## 2302765
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, HM & MF, LTD. d/b/a Muckleroy & Falls _, known as "Principal" herein,
and Westport Insurance Corporation , a
corporate surety (sureties), duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
in the penal sum of, Four Million Three Hundred Ninety Thousand Dollars and No Cents
($4,390,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County,
Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents:
WHEREAS, Principal has entered into a certain written Contract with City, awarded the
7th day ofApril , 2020, which Contract is hereby referred to and made a part
hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and
other accessories as defined by law, in the prosecution of the Work as provided for in said
Contract and designated as Northside Community Center Renovation located at 1100
Northwest 1811 Street, Fort Worth, Texas PMD2019-05 City Project #101654.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253
of the Texas Government Code, as amended) in the prosecution of the Work under the Contract,
then this obligation shall be and become null and void; otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
Instructions to Offerors Page 47 of 53
Northside Community Center Renovation (December 2019)
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 4th day of May , 2020,
ATTEST:
(Principal) Secretary
Witness as to Principal
ATTEST:
(Surety) ecretary
Witness as to Surety
PRINCIPAL:
HM & MF dba Muckleroy & Falls, LP
BY:
Si re
Name and Title
Address: 5801 Edwards Ranch Road, Suite 100
Fort Worth, TX 76109_
HM & MF, Ltd„ d/b/a MUCKLEAOY & PALLS, a Texas
Urniled Partnership by Muckleroy & Falls Construction
Co., a Texas Corporation and Generaf Partner
SURETY:
Westport Insurance Corporation
BY
Signature
Debra Lee Moon, Attorney -in -Fact
Narne and Title
Address: 1200 Main St, #800
Kansas City, MO 64105
Telephone Number: —(913) 676-5200
*Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws
showing that this person has authority to sign such obligation. If Surety's physical address is different from
its mailing address, both must be provided, The date of the bond shall not be prior to the date the Contract
is awarded.
Instructions to Offerors Page 40 of 53
Northside Community Center Renovation (December 2019)
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing
under laws of the State of New Hampshire, and leaving its principal office in the City of Kansas City, Missouri and Washington International
Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City
the Cans s City, Kansas
sours and W each Insurance
oes an hereby make Lion, o anand . undert he laws of the State of Missouri, and having Its principal office m
City City, Y pp
JOHN WILLIAM NEWBY, TROY RUSSELL KEY, DEBRA LEE MOON, AND.REA ROSE CRAWFORD, SANDRA LEE RONEY, LINDA MICHELLE STALDER
SUZANNE ELIZABETH NIED7.WTED7.,, SFTERIE MICHELLE. GREENOUGH, CHERI LYNN IRBY, AND JOSHUA D. TRITT, JOTN MY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed wider this authority shall exceed the
amount of. TWO HUNDRED MILLION ($200,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be. affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
I
By
Steven P. Anderson, Senior vice President oas ingion international insurance Company
id &Senior Vice Present ofNorib American Speeiaaylnsurance Company
��~s
F,
& Senior Vice President of Westport Insurance Corporation
= � •'dI jar
By A. Ito, Senior Vice President of Washington Internafinnal insurance
Company
& Senior We President of Nonh American Specialty Insurance Company
* ��
oV
& Senior Vice President ur Westport insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 12th day of FEBRUARY , 20 20
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 12th day of FEBRUARY 20 20, before me, allotary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFICIAL SEAL �•
Notary Public - Slate of Illinois _ 1 1 1 'k,
laycnm2to`41AnzDiiii`x M. Kenny, Notary Public
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy, of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of May 20 20
Jeffrey Goldberg. Vice President & Assistant Secretary or Washington Intemalional Insurance Cogxv y &
North American Specially Insurance Company & Vice President & Assistant Secretary of Westpon fasurance Corporation
North American Specialty Insurance Company
Washington International Insurance Company
Westport Insurance Corporation
TEXAS CLAIMS INFORMATION
IMPORTANT NOTICE ADVISO IMPORTAN7E
In order to obtain information or make a complaint
You may contact Jeffrey Goldberg, Vice President
- Claims at 1-800-338-0753
You may call Washington International Insurance
Company and/or North American Specialty Insurance
Company's and/or Westport Insurance Corporation
toll -free number for information or to make a
complaint at:
1-800-338-0753
You may also write to Washington International
Insurance Company and/or North American Specialty
Insurance Company and/or Westport Insurance
Corporation at the following address:
1450 American Lane
Suite 1100
Schaumburg, IL 60173
You may contact the Texas Department of Insurance
to obtain information on companies, coverages,
rights or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: httn://www.tda.state.lA.us
Email: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should first contact the
Washington International Insurance Company and/or
North American Specialty Insurance Company and/or
Westport Insurance Corporation. If the dispute is not
resolved, you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
Para obtener informacion o para someter un queja:
Puede comunicarse con Jeffrey Goldberg, Vice
President - Claims, al 1-800-338-0753
Usted puede Ilamr al numero de telefono gratis de
Washington International Insurance Company and/or
North American Specialty Insurance Compan,�(s and/or
Westport lnsurance Corporation para informacion o
para someter una queja al:
1-800-338-0753
Usted tambien puede escribir a Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation al:
1450 American Lane
Suite 1100
Schaumburg, IL 60173
Puede escribir al Departmento de Seguros de Texas
para obtener informacion acerca de companias,
coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departmento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: httn://`Zo=.td0.state.tx.us
Email: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation primero. Si no se
resuelve la disputa, puede entonces comunicarse
con el Departmento de Seguros de Texas.
UNA ESTE AVISO A SU POLIZA
Este aviso es solo para proposito de infromacion y no
se convene en parte o condicion del documento
adjunto.
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project, Northside Community Center Renovation located at 1100 Northwest 18th Street,
Fort Worth, Texas PMD2019-05 City Project #101654. Contractor further certifies that, pursuant
to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's
certificates of compliance with worker's compensation coverage.
CONTRACTOR:
Company (Please Print)
U,4q4kr ;5��.&Signature:.
Address
Title: _ J�l
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned a
(Please Print)
HM & MF, Ltd., d/bla MUCKLEROY & FALLS, a Texas
Limited Partnership by Muckleroy & Falls Construction
Co., a Texas Corporation and General Partner
§ KNOW ALL BY THESE PRESENTS:
rity, on this day personally appeared
known to me to fie the person whose name is subscribed to the foregoing instrument, and
ack led ed to me that he/s e executed the same as the act and deed of
F
- a " �/" zfor the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY LAND AND SEAL OF OFFICE this J ay ofy /0�— , 2020.
BETH AMIN�
Notary Public, State of Texas
ec Comm. Expires 05-28-2022
Notary ID 3494766
Notary Public in and for the State of Texas
Instructions to Offerors
Northside Community Center Renovation (December 2019)
Page 52 of 53
4' -011
two CENTERLINE OF
SIGN, LOGO &
TEXT INFORMATION
ART RTH@
Project Title
Architect:
Architect's Name
Contractor:
Contractor's Name
FUNDED BY
(List Band Fund, etc.)
SCHEDULED COMPLETION DATE
YEAR
SIGN COLOR & FONT:
BACKGROUND - WHITE
BORDER - 5116"WIDE, YRADIUS CORNERS, PMS 288 (BLUE)
TEXT - HELVETICA or ARIAL, PMS 288 (BLUE)
FORT WORTH LOGO COLORS & FONT:
FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD
LONGHORN LOGO - PMS 725 (BROWN)
PROJECT DESIGNATION SIGN
Instructions to Offerors Rage 53 of 53
Northside Community Center Renovation (December 2019)
From: �iotewood. Sophia D.
To: MQon&d_Yjc�
Cc: g ,kill ; Strong. JB; Glass, Brian R.
Subject: RE; NORTHSIDE COMMUNITY CENTER PROJECT #101654
Date: Thursday, June 11, 2020 3:42:42 PM
Attachments: II . pdf
M&C 20-0240 4-7-2020.odf
imaae004.ona
imaae005.nna
Approved,
Sophia Gatewood, CPCU, ARM-P, AIC, AIMS, FCLS
Property & Casualty Manager
HR/ Risk Management
al (817) 392-7784 1 tM (817) 392-5874
City of Fort Worth — Working together to build a strolrg coftmunrity.
FORT WORTH,
Follow Fort Worth
sm
From: McDonald, Vicki
Sent: Thursday, June 11, 2020 1:54 PM
To. Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.gov>
Cc: Ramirez, Priscilla <Priscilla.Ramirez@fortworthtexas.gov>; Strong, JB
<John.Strong@fortworthtexas.gov>; Glass, Brian R. <Brian.Glass@fortworthtexas.gov>
Subject: NORTHSIDF COMMUNITY CENTER PROJECT#101654
Please review and approve the certificate of insurance for the above project. Contract is the amount
of $4,390,000.00. Thanks.
V khi Ji tzl) tl iW
Adminstrative Assistant
Property Management Department
401 West 13th Street Fort Worth Texas 76102
817-392-2586
vicki.mcdonald@fog worthtexas.gov
From: Marie Revere
To: McDonald, Vicki
Subject: RE: BOND#2302765 MUCKLEROY & FALLS - NORTI (SIDE CC
Date: Thursday, June 11, 2020 2:40:21 PM
CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
Hello Vicki,
This email is verification that this Performance and Payment bond have been approved. If you need
further assistance let me know.
Marie
Marie Revere I Branch Manager - Dallas I Vice President I Corporate Solutions
SwissRe 112750 Merit Drive Suite 500, 75251 Dallas, United States (USA)
Direct: +1 972 776 8542 Mobile: +1 972 809 0313 Email: Marie_Revere@swissre.com
swissre.com
From: McDonald, Vicki <Vicki.McDonald@fortworthtexas.gov>
Sent: Thursday, June 11, 2020 2:06 PM
To: Marie Revere <Marie Revere@swissre.com>
Subject: BOLD#2302765 MUCKLEROY & FALLS - NORTHSIDE CC
Please verifythe amount of the performance and payment bond for HM & MF Ltd dba Muckleroy &
Falls. Thank you.
Adminstrative Assistant
Property Management Department
401 West 13th Street Fort Worth Texas 76102
817-392-2586
vicki.mcdonald for r v
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