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HomeMy WebLinkAboutContract 54132 RECEIVED CITY OF FORT WORTH, TEXAS CSC No. 54132 JUL 13 2020 CMAR PRE-CONSTRUCTION SERVICES CONTRACT(LUMP SUM) CITY OF FORT WORTH CITY SECRETARY THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § c LJJ This agreement made and entered into this the +h day of dufnfte- A.D., 2020 , by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City, hereinafter called OWNER, and CORE CONSTRUCTION SERVICES OF TEXAS, INC. of the City of Frisco, County of Collin, State of Texas, hereinafter called CONTRACTOR. CONTRACT DOCUMENTS: This Contract, Scope of Services-Attachment"A" and Instructions to Offerors are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and Instructions to Offerors, terms and conditions set forth in the body of this Contract shall control. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete certain services described as follows: Pre-Construction Services South Patrol Division Facility 8800 McCart Avenue Fort Worth, Texas PMD2020-05 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the Pre-Construction Services of said project. Contractor shall be compensated as described in Attachment "A". However the total fee paid by the City shall not exceed a total of $15,000.00, unless the Owner and the Contractor mutually agree upon a fee amount for additional services and amend this Agreement accordingly. South Patrol Division Facility CMAR Pre-C4 f fr " t 1 i - The agreed upon estimated construction budget amount shall be not to exceed $10,000,000.00 to be determined during the design process. The duration of construction, in calendars days, will be determined when the Guaranteed Maximum Price is agreed upon. INSURANCE REQUIREMENTS All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon. The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub- contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. South Patrol Division Facility CMAR Pre-Construction Services Contract 2 e. EXCESS LIABILITY UMBRELLA: • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. South Patrol Division Facility CMAR Pre-Construction Services Contract 3 f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000. per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk Treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. PAYMENT AND PERFORMANCE BONDS If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Price (GMP) is agreed upon, the contractor, entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (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 South Patrol Division Facility CMAR Pre-Construction Services Contract 4 employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. South Patrol Division Facility CMAR Pre-Construction Services Contract 5 IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers with its corporate seal attached. Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and Dana surandaEF administration of this contract, including By: Dana Burghdoffrul 10,202017:59C--' ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: J u 110,2020 By: l wow- A ey" Approval Recommended: Name: Brian Glass Title: Architectural Services Manager smyg 6001fg Approved as to Form and Legality: By: Steve Cooke(Jun 29,202011:52 CD- Name: Steve Cooke Title: Director, Property Manage, erg-Dept. ..,.. . 8 gnu.�•�. 0 R By: AStrong(Jul ,202016:49 CDT) ` T Attest: f=' k • ' ' Name: John B. Strong Title: Assistant City Attorney ' oContract Authorization: By: r ; * M&C: Name: Mary J. Kay r Title: City Secretary =j(rx,S CONTRACTOR: Core Construction Services of Texas, Inc. By: Name: Gary Prdzier Title: President Date: South Patrol Division Facility CMAR Pre-Construction �tr ct CORD CITY SECR€TARY FT. WORTH,TX "Attachment A" 10625 North County Rd. Frisco,TX 75033 T 972.668.9340 Co F 972.668.9351 June 22,2020 Mr.James Diestel via email: james.diestel@forthworthtexas.gov Construction Superintendent Property Management Department City of Fort Worth,Texas 401 West 13th Street Fort Worth,TX 76102 RE: South Patrol Division Facility Dear Mr.Diestel: Please allow this letter to serve as confirmation of our Pre-Construction Services amount on the above referenced project. CORE Construction will provide the services described in the Notice to Offerors for the CMAR delivery of the delivery of the South Patrol Division Facility including but not limited to the following: ❑ Constructability Reviews ❑ Value Option Studies ❑ Detailed Quantity Survey Analysis ❑ BIM Modeling and Coordination ❑ Detailed Summary Estimates delivered as Requested by the Design Team and the City of Fort Worth. ❑ GMP Summary along with results from the bidding Trade Packages. ❑ Detailed Construction Schedule The amount of the Pre-Construction Agreement,per the Proposal,is Fifteen Thousand dollars ($15,000.00). Please contact me with any questions and we look forward to working with the City of Fort Worth on this exciting project. Sincerely, CORE Construction Services of Texas, Inc. Gary*tier President www.coreconstruction.com