HomeMy WebLinkAboutContract 57022 CITY OF FORT WORTH, TEXAS CSC No. 57022
CMAR PRE-CONSTRUCTION SERVICES CONTRACT(LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the 20th day of fan' A D 2022
by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County,
Texas, organized and existing under and by virtue of a special charter adopted by the qualified
voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in
said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with
a resolution duly passed at a regular meeting of the City Council of said City, hereinafter called
OWNER, and Thos. S. Byrne, Inc. of the City of Fort Worth, County of Tarrant, State of
Texas, hereinafter called CONTRACTOR.
CONTRACT DOCUMENTS: This Contract, Scope of Services - Attachment "A" and Instructions
to Offerors are attached hereto and incorporated herein, are made a part of this Contract for all
purposes. In the event of any conflict between the terms and Instructions to Offerors, terms and
conditions set forth in the body of this Contract shall control.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned to be made and performed by the Owner, and under the conditions expressed in the
bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to
commence and complete certain services described as follows:
Pre-Construction Services
Northwest Community Center
Fort Worth, Texas
PM D2019-05
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. The Contractor hereby agrees and binds himself to commence said work within ten (10)
days after being notified in writing to do so by the Owner.
Contractor shall be compensated as described in Attachment "A". However the total fee paid
by the City shall not exceed a total of $7,500.00 unless the Owner and the Contractor mutually
agree upon a fee amount for additional services and amend this Agreement accordingly.
The agreed upon estimated construction budget amount shall be not to exceed $9,000,000.00
to be determined during the design process.
OFFICIAL RECORD
CMAR Pre-Construction Services Contract CITY SECRETARY
FT. WORTH, TX
The performance periods in calendars days will be determined when the Guaranteed Maximum
Price is agreed upon.
INSURANCE REQUIREMENTS
All insurance and bonds will be required once the Guaranteed Maximum Price is agreed
upon.
The Contractor shall not commence work under this contract until it has obtained all
insurance required under the Contract Documents, and the Owner has approved such
insurance. The Contractor shall be responsible for delivering to the Owner the sub-
contractors' certificates of insurance for approval. The Contractor shall indicate on its
certificate of insurance included in the documents for execution whether or not its
insurance covers subcontractors. It is the intention of the Owner that the insurance
coverage required herein shall include the coverage of all subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract
public liability insurance coverage in the form of a Commercial General Liability
insurance policy to cover bodily injury, including death, and property damage at
the following limits: $1,000,000 each occurrence and $2,000,000 aggregate
limit.
• The insurance shall be provided on a project specific basis and shall be
endorsed accordingly.
• The insurance shall include, but not be limited to, contingent liability for
independent contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with
the project and commensurate with the contractual obligations specified in the
contract documents.
e. EXCESS LIABILITY UMBRELLA:
CMAR Pre-Construction Services Contract 2
• $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.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000. per occurrence unless otherwise approved by the Owner.
CMAR Pre-Construction Services Contract 3
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
Treatment measures through insurance pools or risk retention groups. The
Owner must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on
the project shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance premium
costs for contractor's insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to
Owner's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss.
I. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of Owner, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
PAYMENT AND PERFORMANCE BONDS
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full
amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both
Payment and Performance Bonds for the full amount of the contract. When the Guaranteed
Maximum Price (GMP) is agreed upon, the successful Offeror entering into a contract for the
work will be required to give the City surety in a sum equal to the amount of the contract. The
form of the bond shall be as herein provided and the surety shall be acceptable to the City. All
bonds furnished hereunder shall meet the requirements of Texas Government Code Section
2253, as amended.
IMMIGRATION NATIONALITY ACT
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall
verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all
employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Vendor shall
establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this
CMAR Pre-Construction Services Contract 4
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.
CMAR Pre-Construction Services Contract 5
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in
four counterparts in its name and on its behalf by the City Manager and attested by its
Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has
executed this instrument through its duly authorized officers in Three counterparts with its
corporate seal attached.
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
By: Dana Burghdoff( n20,20 14:41 CST) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Jan 20, 2022
By: ow•. �•
Approval Recommended: Name: Brian Glass
Title: City Architect
C)_L Approved as to Form and Legality:
By: Stev�ke(Jan 6,2022 15:05 CST)
Name: Steve Cooke
Title: Director, Property Management Dept. st��
By:
Attest: Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
By: J ette S.Goodall(Jan 20,2022 160 CST) M&C: n/a
Name: Jannette Goodall 0�4��n��
a OR a
Title: City Secretary A pF F°°°°r4;�d
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CONTRACTOR: �� *�
Thos. S. Byrne, Inc
����EXA`�oaAp
Matthew Avila
By: Matthew Avila(Dec29.202108:55 CST)
Name: Matthew Avila
Title: Chief Executive Officer
Date: Dec 29, 2021
OFFICIAL RECORD
CITY SECRETARY
CMAR Pre-Construction Services Contract FT. WORTH, TX
Attachment "A"
NORTHWEST COMMUNITY CENTER-PROJECT
PROPOSAL FORM (revised 10.18,2021)
TO: MR. DAVID COOKE
CITY MANAGER
ATTN: PURCHASING OFFICE
200 TEXAS STREET
CITY OF FORT WORTH, TEXAS
FOR: Construction Manager-at-Risk Agreement for the Northwest Community Center
Located at Northwest Park
8575 Blue•Mound Road
Fort Worth, Texas
Project PMD2019-05
Pursuant to the foregoing "INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK (CMAR)
OFFERORS", the undersigned understands the amount of work to be done for the Preconstruction
Services and Construction Services, and hereby proposes to do all the wotk and furnish all labor,
equipment and materials necessary to fully complete all the work as provided in the plans and
specifications and subsequent agreed upon Guaranteed Maximum Prices (GMPs) and subject to the
inspection and approval of the Director of Property Management Department of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council and upon subsequent agreement to the GMPs the
Offeror, if the agreement amount exceeds $50,000,00, shall furnish acceptable Performance and
Payment Bonds approved ,by the City of Fort Worth for performing and completing the Work within the
time agreed to for the following sum, to wit:
DESCRIPTIONS ANI COSTS OF ITEMS IN CMAR AGREEMENT
PRE-CONSTRUCTION SERVICES: including Constructability Reviews, Value Engineering
Recommendations and Estimating Services Fees for:
"Northwest Community Center"
i
$ 7,500 .
CONSTRUCTION SERVICES: Based on an estimated total budget of $9,000,000.00, your standard i
practice regarding project cost structure and your understanding of this project, complete the Fine items
below. These items are included in the total not-to-exceed estimated construction budget for:
"Defined Fees"—Estimated Budget of$9,000,000.00 for all associated work.
i
A) $ 7,759,260 % 86.21% (% of Total Budget) Subcontractors Material Labor and '
Equipment(Lump Sum)
B) $ 275,533 * % 3.06% (% of Total Budget) General Condition Expenses (Attach
description of items included)
i
"General Conditions are based on an assumed 10 month construction schedule and will be revised upon establishing the final Project Schedule
with the GMP.A description of items included in the General Conditions has been included in this section.
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CMAR September 2021
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C) $ 193,500 % 2.41% (% of Items A+B) Construction Management Fee(Attach
description of items included) To Include profit and corporate overhead to adminlster the project.
D) $ 143,800 % 1.75% (°fo of Items A+B+C) Anticipated Cost of Insurance and Bonds
E) $ N/A % N/A (%of Items A+B+C) .Any other anticipated Costs (Attach
description of items included)
F) $ 627,907 , Owners Construction Contingency Allowance. (7.5% of Items A+B+C+D.
Remaining Contingency allowance will be retained by the City)
1 A Project Schedule will be mutually agreed at the time the Guaranteed Maximum Price is developed.
1
r The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
t above work.
' The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants to
the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
' amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed House Bill 620 relative to the
1 award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
' low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is located. The appropriate
` blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
' specifications. f
/( The failure of out of state ori non-resident bidders to complete the forms may disqualify that bidder.
1 Resident bidders must check the box in Section B.
1
A. �_� Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
1 law.
Non-resident vendors in (give state), are not required to
underbid resident bidders,
B. JXJ Our principal place of business or corporate offices are in the State of
Texas.
Approved Performance and Payment Bonds for the faithful performance of this contract will be required
upon agreement of the Guaranteed Maximum Prices (GMPs)for Phases I and II. An acceptable bidder's
bond or cashier's check is NOT REQUIRED with this Request for Proposal.
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CMAR September 2021
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1 BUSINESS EQUITY ORDINANCE (MWBE):
1 (For Proposals in excess of$50,000)
/ 1 am aware that I must submit information concerning the Business Equity Ordinance (MWBE) Utilization
/ Plan with the submittal of this Proposal in order to be considered RESPONSIVE. I will commit to the City's
MWBE goals for this project.
1 Respectfully submitted,
/
1 0onstr n Se ices
By:
g
r Paul Avila Chief Operating Officer
Printed Name of Principal Title
` Address: _551 E.Bern/Street
' Street
Fort Worth,Texas 76110
City zip
' Phone: 817/335-3394
' Fax: 817/877-5507
' Email: _pavilaotsbyrne.com
Receipt is acknowledged of the following addenda:
' Addendum No. 1: A 10-8-2021 Addendum No. 2: PA 10-15-2021
' Addendum No. 3:PA 10-18-2021 / Addendum No. 4:
Addendum No. 5: Addendum No. 6:
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CMAR September 2021