HomeMy WebLinkAboutContract 57393 CSC No. 57393
CITY OF FORT WORTH, TEXAS
CMAR PRE-CONSTRUCTION SERVICES CONTRACT(LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the 14th day of February 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 Linbeck Group, LLC. 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
Future City Hall Renovation and Relocation
100 Energy Way
Fort Worth, Texas
PM D2021-06
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 $98,500.00 unless the Owner and the Contractor mutually
agree upon a fee amount for additional services and amend this Agreement accordingly.
OFFICIAL RECORD
CITY SECRETARY
MAR Pre-C structio Services Co rac FT.WORTH, TX
The agreed upon estimated construction budget amount shall be not to exceed
$100,000,000.00 to be determined during the design process.
The performance periods in calendars days will be determined when the Guaranteed Maximum
Price is agreed upon.
INSURANCE REQUIREMENTS
All insurance and bonds will be required once the Guaranteed Maximum Price is agreed
upon.
The Contractor shall not commence work under this contract until it has obtained all
insurance required under the Contract Documents, and the Owner has approved such
insurance. The Contractor shall be responsible for delivering to the Owner the sub-
contractors' certificates of insurance for approval. The Contractor shall indicate on its
certificate of insurance included in the documents for execution whether or not its
insurance covers subcontractors. It is the intention of the Owner that the insurance
coverage required herein shall include the coverage of all subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract
public liability insurance coverage in the form of a Commercial General Liability
insurance policy to cover bodily injury, including death, and property damage at
the following limits: $1,000,000 each occurrence and $2,000,000 aggregate
limit.
• The insurance shall be provided on a project specific basis and shall be
endorsed accordingly.
• The insurance shall include, but not be limited to, contingent liability for
independent contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
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.
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.
CMAR Pre-Construction Services Contract 3
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
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 Owner may require that Contractor provide a
Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 the
Owner may require that Contractor 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 (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
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 penalties due to Vendor's violations of this
provision, but only to the extent of Vendor's negligence or fault. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
NO BOYCOTT OF ISRAEL
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this
section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor
certifies that Contractor's signature provides written verification to City that Contractor: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
PROHIBITION ON BOYCOTTING ENERGY COMPANIES
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into
a contract for goods or services that has a value of $100,000 or more, which will be paid wholly
or partly from public funds of the City, with a company (with 10 or more full-time employees)
unless the contract contains a written verification from the company that it: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of the contract.
The terms "boycott energy company" and "company" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B.
13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy companies; and
(2)will not boycott energy companies during the term of this Agreement.
PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-
time employees) unless the contract contains a written verification from the company that it: (1)
does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of
the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by
signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate against a firearm entity or firearm trade association during the term
of this Agreement.
CMAR Pre-Construction Services Contract 5
IN WITNESS WHEREOF,the City of Fort Worth has caused this Instrument to be signed 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
duty authorized officers.
Executed effective as of the date signed by the Assistant Gity Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance ttifanager:
By signing I acknowledge that I am the person
responsible for the monitoring and
b $ gGu7 f administration of this oontraoL Including
By: ^anaBurghdoff(Ar12,20 17:00 ensuring all performance and reporting
Name: Dana Burghdoff,AICP requirements.
Title: Assistant Clty Manager
Date: Apr 12,2022
Approval Recommended: Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By: ve CoBke(Mar3D,202216:26 DT)
Name: Steve Cooke
Title: Director, Property Management Dept
o� FORr��� Attest: Name: John B.Strong
0&--0---oo�f. �� Tide: Assistant City Attorney
a� p� d �/�
a!'o oa Contract Authortzation:
�I,`o o p �dd['y2i �a O pp
YVo . By: ette S.Goodall(Apr 13,202209: DT) [Y&C: N/A
Goodall
d0,d�� 0� 000 Name: J City
Secretary
CONTRACTOR:
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CONTRACTOR:
Linbeck Group,LLC
By.
Name: Thomas O.Cole II
Title: Vice President
Date: /24/2022
OFFICIAL RECORD
CITY SECRETARY
C IAR Pre-Comuucuon Services Cow= FT.WORTH, TX
FUTURE CITY HALL:
CONSTRUCTION MANAGER AT RISK(CMAR) PRE-CONSTRUCTION SCOPE OF WORK(SOW):
This scope of work is intended to cover the pre-construction services and related functions necessary to
deliver the Future City Hall Program.This program is planned to bring nearly 13 city offices and many
city functions into the former Pier 1 building to become the Future City Hall in January 2024.
This body of work is intended to begin February 131,2022 and run until project completion in January of
2024.
Key Areas of Scope:
• Attend Team Meetings and Workshops
o Including preliminary design workshops and team charettes
• Provide estimating services to include milestone cost estimates
o Complete review of current planning budget to assess feasibility and alternatives
o The Construction Manager shall provide accurate analysis of the cost of all systems and
construction contemplated for the project.
o The Construction Manager shall prepare estimates of the cost of the work and all
required materials.Formal detailed estimates will be submitted upon request based on
the following design packages:
■ Conceptual Design
■ Design Development
• Long Lead Procurement
o Construction Manager shall identify, recommend for purchase and expedite the
procurement of equipment,materials and supplies which require long-lead time.
• Review drawings and specifications for constructabiiity Issues
o Construction Manager shall review all plans and specifications during the design phase
and provide information about constructability of the site, foundations, systems and
materials, availability of labor, time requirements for procurement and installation,
construction and relative costs of materials, and shall provide recommendations for
economies as appropriate.
• Develop preliminary construction schedules
o The Construction Manager shall review, evaluate and refine the preliminary
construction schedule in order to confirm or refine the Owner's Master Project
Schedule.
o The Construction Manager shall prepare a detailed construction schedule that identifies
all major milestones, critical path, long lead procurement, decision points, submittals
and procurement requirements, and activities that impact owner operations (such as
shutdowns).
• Preparation of Initial Guaranteed Maximum Price
o The Construction Manager shall prepare a Guaranteed Maximum Price (GMP)for the
entire construction project, clearly summarizing the cost of each component of the
work.
o It is anticipated that this will be reached by all parties in April/May of 2022.
Attachment A
Payment and Billing Terms:
Billings shall be completed at 30%, 60%, 90%, and 100% milestones as mutually agreed upon by the
Construction Manager, Athenian Group (AG) Program Manager, and City Project Manager. Once
milestones are achieved, Construction Manager shall send invoice to AG Program manager and City
Project Manager for review and processing. If Owner terminates Construction Manager for any reason,
or no reason, then Owner shall pay Construction Manager for all costs incurred and/or services
performed up to and through the effective date of termination.
This SOW as lined out in the accompanying contract, is expected to not exceed $100,000 in the
preconstruction phase.The proposed scontractual amount to meet this goal is$98,500.
CONTRACTOR: CITY OF FORT WORTH
Linbeck Group, LLC
0 15a�8�,u�Gcr7�
By: C By: Dana Burghd off(A r 12,20 17:00 CDT)
Name: Thomas O. Cole it Name: Brian Glass
Title: Vice President Title: City Architect
Date: Date: Apr 12, 2022
Attachment A