HomeMy WebLinkAboutContract 28007� �� � � ci�ry sEc��r��Y ��b�
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STANDARD FQRM OF DESIGN-BUILD AGREEMENT
�� i! � BETWEEN OWNER AND D�"SIGN-BUILDER
O N L UMP SUM P R I CE BASIS
��RI�I�M�idi made as of the ��'day of �.��-�...�.� in the year of 20�,
between the Design-BuElc�er:
RAMTECH BU[LD]NG SYST�MS, INC.
14D0 U.S. Highway 287 Sauth, Mansfield, Texas 76063
and the Owner:
CITY QF FQRT VIIORTH
1000 Throckmortan Street, Fort Worth, TX 76102
For the services in connection with fhe following Project:
Major Medical Reserve Supply Storage Facility
2920 Bolt Street
Fort Worth, Texas 76110
A�il�l�� 1 e C�i�l�R�#L �FiOVtSI�iV�
1.1 fillutual Obliqaiions. The Design-Builder and the Owner agree to fully coo}�erate with
each other in providing to each other information available, and in facilitating the design and
Canstruction Work within the soape of this Agreement. The Design-Builder agrees to provide the
architectural and engineering services as set forth below, and to furnish construction and
administration af the Construction Work.
1.� �xtent af �areement. This agreement is solely and exclusiveky for the be�efit of the
Owner and the Design-Builder and not for the benefit of any third party. Ths 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 A�reement. The Parties agree that this
Agreement represents the entire ar�d integrated Agre�mer�t between the Owner and the Design-
Builder, and supersedes all prior negotiatians, representations or agreements, either written or ora[.
9.3 �rchiteci�naineer. Architectural and engineering services required for the project
shall be provided by licensed, independent design prafessionals retained by the D�sign-Builder or
furnished by �ice�sed employees af the Design-Buiid�r, or as permitted by the law of the state where
the Project is located. The person or entEty providing architectural and engineering services shalf
be referred to as the Architeetl�ngineer.
1.4 �efir�itions.
9.4.1 The term "Agreerr�ent" shall mean this executed Standard �orm of Design-
Build Agreement between the Owner and the Design-Builder on Lump Sum Prics Basis.
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STAN�ARD FORM OF A�SIGN-BUILD AQRE�MEiVT B�TW�E�f OWNER AND I]ESIGN-BUILD€�
QN LUMP SUIN PRiCE BASIS �'� .�' +�'d,�7: i���i
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9.4.2 The term "Cor�traet Documents" shall mean (i} this Agreement; (ii) written
change orders and amendments to fihis Agreement, including exhibits and aAp�ndices signed by
both #he Owner and the Design-Builder; (iii) the Design Criteria Documents as defiined in paragraph
1.4.10; (iv} the information pro�ided by the Owner pursuant ta Subparagraph 3.2.2; {v) the
Schematic Design Documents as defined in paragraph 1.4.16 and (�i) the Lump Sum Price
Pra�osal as defined in paragraph 5.2.1.
1.4.3 The term "Cantract Time" st�all mean the number ofi ca[endar days stated
in the Lump Sum Price Proposal {as provided in paragraph 5.2.�} during which the Design-Build�r
has agre�d �o achieve Substantial Completion of the Construction Work.
1,4.4 The term "Con#ract Price" shall have the meaning defined in paragrapi� 5.1
�.4.5 The term "Construc#ion Documents" shall mean the drawings, specifications
and other documents prepared by tt�e Architect/Engineer and appra�ed by the Owner for the
construc#ion of the Pr�ject.
1.4.6 The term "Constr�ction Work" shall mean all of Design-Builder's
construction services required by the Cantract Documents, as defined in paragraph 1.4.2.
i.4.� The term "Date af Commencement" shall have the meaning defined in
paragraph 5.2.3, �.2.4.1, or �.2.4.3 as applicable. The Owner will promptEy proceed to obtain all
eas�ments, zoning changes, appro�als, and other legal r�quiremenis to aflow construction ta
proceed without delay.
1.4.8 The term "da�' or "days" shall mean caler�dar days unless otherwise
specifically noted in the Contract Documents.
1.4.9 The term "Defective Work" shall mean any partion of the Construction Work
not in conformance with the Canstruction Documen#s.
1.4.10 The term "Design Criteria Documents" shall mean the dacuments pravided
by the Owner ta tl�e Des�gn-Builder that provi�e sufficient information to permit #he Design-Builder
ta prepare a response to the Owner's request far prflposal. The Design Criteria Documents must
specifiy criteria the Owner considers necessary to describe the Project. The Design Criteria
Documents may include, as appropriate, the legal descriptiQn af the site, survey inforrr�ation
concerning ih� s�te, interior space requirements, spacial material requirements, material quality
standards, conceptual criteria for this Project, special equipment requiremen#s, casf or budget
estimates, #ime sahedules, quality assurance and quality control requirements, site development
requirements, applicable cades and ord�nances, provisions tor utilities, parking requirements, or any
other req�airements by the Owner.
1,4.�'1 The term "Design Consultants" shall mean the engineering or architectural
firms empioyed by the Design Builder to perform design or consulting work far the F'roject site, and
the building improvemer�ts. Such Design Consultants ser�ices may incl�de ci�il engineering for
utiEities, storm drainage, and pavement; geoteehnical engineer�ng; landscape architec#ure;
environmental engineering or consulting; and surveying and constr�ction staking for sitework.
Design Consu[tants for the building design may include electrical, structural, mechanical, plumbing,
architectural, ADA/TSA and other specialty design areas.
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STAN�ARD FORM OF DESIGN-BUILD AGREEMENT BETWEEN QWf�EF3 AN[� DESIfia1�eU1L+p�i,?1. . �
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�.4.12 The term "Differing Site Conditians" shall mean concealed or latent physical
canditions, or subsurface conditions at the Praject site that (i) materially differ from the conditions
indicated in the Schematic Design Documen�s or (ii) are of an unusual natur�, differing materially
from the conditions ordinarily encountered and generafly recagnized as inherent in construction
work.
1.4.1� The term "Hazardous Material(s)" shall mean any materials, waste,
substances, and/or chemicals d��med tQ be hazardous under all applicable fecferal, state, andlor
local laws, codes, ordinances, rules, reguiatians, orders and decress of any governmental entity
ha�i�g jurisdiction over the Project or the Projec# site.
1.4.14 The term "Oti�er Contractors" shall mean any other independent contractor,
agent or representative employed by the Owner at the Project site wha is not employed by the
Design-BUilder, or its subcontractars.
1.4.1a The term "Project" is the bui�ding, faciEi�Ey, �r other improvements at the
location �rovide� by f�e Owner, which t�e Design-Builder has agread to complete pursuant to the
requirements of the Schematic Design Documents, as defined in paragraph 1.4.16.
1.4.16 The term "5chematic Design Documents" sf�all mean the drawings, outline
specifications, andlor other conceptual documents ill�strating the Project's elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Dacuments
submitted by the Owner to the Design-Builder. The Schematic Design Documents shall be the
documents prepar�d and submitted to the Owner with the Lump Sum Price Proposal. The
Schematic Design Documents shall constitute the scope of the wark to be performed by the Design-
�uilder for the L�mp Sum Price pursuant ta the terms of this Agreement.
9.4.1 i The term "Subcontractor(s)" shall mean any party or entity retained by the
Design-Builder as an ihdependent contr�ctor to provide aray of ih� labor, materials, equipment,
and/or services necessary ta complete a specific portion of the Construction Work und�r this
Agreement. The term Subcontractor cioes not include an architect, engineer, ather design
consultants, if any, ar any Other Contractors retained by the Owner.
�,4.18 The term "Substantial Complet[an" shall be the date on which the
Constructian Work, or an agreed portion of the Construction Work, is sufficiently complete so that
the Owner can beneficially occupy or use the Proj�ct, or por�ion thereof, for its intended purposes.
The isst�ance of a certificate of occupanay is not a prerequisite for Substantial Cflmpletion if the
certificate of occupancy cannot be obtained due to factors beyand the Design-Builder's contrai. The
Design-Builder and the Owner agres to sign a certificate of Substantia� Completion confirming the
dat� of Substantial Completion.
1.4.19 The term "Wark ProducY' shall mean all drawings, specifications, and other
design docum�nts, including those in electronic format preparecf by ar procured by the Design-
Builder in performance of this Agreement.
ARTICLE 2� DFSICiV���JIL��R'S S�RVIC�� �W� R�SPON5I�ILIiI�S
2.� Desipn Services. Pursuant to a mutually agreeable schedule, the Design-Builder
STAMDAR� FORM OF DE51GN-BUILD AGREEiN��f7 BE7WE�N OWNER AND DESIGN-BUILDER
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shall submit for the Owner's appro�al Construction Documents that meet the requirements of the
Schematic Design Documents, and any change orc�ers executed by both the Owner and the Design-
Builder after the da�e of this Agreement and prior to the submission af the Construction Dacuments
to the Owner. Qualified, licensed design professionals em}�loyed by the Design-Bui{der or �rocured
from qualified, independent license� design co�sultants shafl pre�are the Constructian Documents.
The standard af care f�r all design professional services performed under this Agreement shall be
the care and skili ordinarily used by members of the architectural and engineering professions
practicing under similar conditions at fh� same time and locali�y as the Project. This Agreement
daes not establish or create any legal or contractual obligations between the Owner and the design
professionals employed by the Design-Builder, and the design prafessionals shall not be deemed
to be a third �arty beneficia�ies under this Agreement.
�.� Gonstruction �ocuments. The Construction Qocuments shafl set farth the
requirements for the Construction Work, and shall be based upon codes, laws ar regu[ations
effecti�e on the date af this Agreement. If any codes, laws, or regulations are changed or are
enacted after the date of this Agreement affecting the perfarmanee of the Construction Wark, the
Contract Price and the Contr�ct Time shall be equitably adjusted to campensate the Design-Builder
for the changes. When the Design-Builder submits the Construciion Documents to the �wner, the
Design-Builder shall identify in wriiing all material c�anges and deviations firom th� requiremBnts
of the Schematic Design Documents. Material changes, if any, between the Construction
Dacuments and the 5ch�matic Design Dacuments necessitated by changes in codes, laws or
regulations shall be dooumented by a Change Order pursuant paragraph 7.2 eq�itably adjusting the
Contract Price andlor #he Contract Time. One set of the CanstructEan Documen#s shall be fumished
to the Owner pr�or to the date of cammencement of cvnstructian.
2.3 Reproduction, Use and Ownership of Wor� �roduct. All designs, drawings,
specifications, documents, and other wflrk products of the �esign-Builder whether in hard copy or
in efectronic form, are ir�struments of service far this Praject, whether the Project is compieted or
nat. Reuse, change, ar alteration by the CITY ar by others ac#ing thrfl�agh or on behalf o� the City
of any such instruments af service without the written permission af the Design-Builder wilf be at the
C�ty's sole risk. The City shall own the final, prin#ed designs, drawings, specifications and
documents. Transfer of ownership of the cantract documents d�es not constitute sale af the
dacuments.
�.4 Gnnstruction �er�ices.
2.4.1 The Design-Builc�er agr�es to tim�ly complete the design and commence
constructfon to substantially complete the construction wit�in the Contract Time. The Design-Builc��r
and its Subcantractors shall pro�ide all necessary construction labar, materiaEs, tools, equipment,
as weil as all canstruction su�ervisian, inspection, and temporary utilities as re�uired to complete
constructian required by the Construction Documents.
�.4.2 The Design-Builder shall perform all Construction Work in accordance with the
requirements of the Construction Documents. DesEgn-Builder shall at all times exercise complete
and exclusive control o�er the construction means, methods, sequences, and techniques. The
Design-Builder shall be responsible for the proper performance af the work, including all work
pe�ormed by its Subcontractors, and any acts and omissions in connection with such pe�formance.
2,4.3 The Design-BUilder shap keep the Project site reasona�ly free from debris, trash,
STANDARD FORM OF DESIGN-BUIL� AGREEMENT BETW�EN OWNER AND DESIGN-�tl�f�:��;,, LL __ __ _
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and construction vvastes to permit Design-BUilder ta perform the Consfiruction Work efficiently,
safely, and without interference in the use of adjacent praperties. Upon Substantial Completion of
the Project, the Design-Builder s�all remove all debris, trash, construction waste, materials,
equipment, machinery, and taols arising from the Construction Woric, #o permit Owner to vccupy the
Project for its intended use. Upan complstian of the Project, Contracior shall complete the removal
of ail debris, trash, constructian waste, materials, equipment, machinery, and taols arising from the
Gonstructian Work priar to fir�al paym�nt being due.
�.� 5afetd of �ersons �nd Prepertv. Th� Design-Bu�lder shali require each of its
Subcontractors to be responsible for the safety of its workmen performing the Canstruction Work
at the Pro�ect site, as weli as the safiety of all p�rsons and property which could he injure� during
the prasecution of any subcontract work. The pro�isions af this Agreement shall nat relieve
5ubcontractars of their respansibility for the safiety af persons or praperty in the performance of
subcontract work, nor for compliance with� the applicable laws and regulations. The Design-Buiider
sha{I be responsible for the safety of all emplayees and workmen directly employed by the Design-
Builder at the Project sEte.
�.�.1 The Design-Builder shal! designate an individual at the Praject site in t�e
employmen# af the Design-Builder who shall act as the Design-Biailder's designated safety
representative. Unless otherwise identified by the Design-Build�r in writing to the Owner, �he
designated safety representative shall be the Design-Builder's project superintendent, The Design-
8uiic�er will promptly report to the Ouvner in writing all accidents and injuries occurring at the Project
site. When the Design-euilder is rec{uired to file an accident report with a public authority, the
Design-Builder shall furnish a copy of the repart to the Owner. The Design-Builder and �ts
Subcontractors shall comply with all legal requirements reiating tn the safety, as well as any of
�wner's specific sa#ety requirements if specified in the Contract Documents.
2,B Hazardous lll�aierials. The Design-Builder shall not be abligated #o commence or
continue the Construction Wark until ali known or suspected Hazardous Ma�erial disco�ered at the
Projeci s�te not intraduced onto the Project site by the Design-Builder ha�e been removed or
rendered harmless by the Owner, as certified by an independent testing I�boratory and approved
by the appropriate go�ernm�nt agency.
2.6.'[ The �esign-Builder and its Subcontraciars sha{I not [cnowingly enter upon any
portian of the Construction Work canta�ning Hazardous Material. If after the commencement af the
Construction Work known or suspected Hazardaus Materials are discovered at fihe Project, the
Desigr�-Builder shap be entitled to immediately stop Construct�on Work in the affected area, unless
such Hazardous Materials are introdueed onto the Praject site by the Design-Buiider. The Design�
Builder shalk report the condition ta the �wner, and, if required, the governme�tal agency ha�ing
jurisdiction. If the Des�gr�-Builder incurs additional cast and/or is delayed due to the presence ar
remediation of Hazardaus Material �, the Design-Builder shall be eniitled to an equitable adjustment
in the Contract Price and/or the Cor�tract Time, unless such Hazardous Materials are introduced
anto the Project site by the D�sig�-Builder. The Design-Builder shall nat be required ta perform any
Construction Work related to or in the area of Hazardous Material not Entrodueed into #he Project
site by it uniess a written agreement is entered infio between ihe Design-Build�r and th� Owner to
pro�ide for extra cost, if any, extra tlme, if any, and additianal risk incurred by the Design-Builder.
�.6.� If the Hazardous Materials discover�d at the Project site have not been
introduced by the Design-Builder, the Owner shall be responsible for retaining an independent
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STANDAR� FORM OF DESIGN-BUIi.D AGREEMENT BETWEEN OWNER AND DESIC,Rt-BUILDER
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testing laboratory to �etermine the nature of the material encountered and whether it is a Hazardous
Materiaf requiring corrective measur�s andlor remedial aciion, otherwise the Design-�uilder shall
be respansibie for such testing. Such measures s�ap be the sole responsibility of the O►runer, and
shall be performed in a manner minimizing any ad�erse effect upon the Canstructian Work of the
Design-Builder, unless such Hazardous Materials are introduced anto the Project site by the Design-
Builder. The Design-Builder shall resume the Constructian Work in the area affected by any
Hazardous Material only after written agreement between the Owner and the Design-B�ilder has
been executed, after the Hazardous Material has been removed or rendered harmless, and after
appro�al of the go�ernmental agency ar agencies wiih jurisdictian, if required.
2,6.3 If hazardous materials are encountered as a resuit of the Owner's failure ta
identify or remove hazardo�s materials existing at the Project site prior to the commencement of
construction, the Qwr�er agrees to (1) release the Design-Builder, its Subcontractors, and their
officers, directors and emplayees from any and all claims, damages, losses, or expenses incurred
by the Qwner arising aut of ar relatec� to the per�ormance af the constructian work in the arsa
affected by the Hazardous Material existing at the Project site prior #a commencement of the Prajec#;
(2) release the Design-Builder �rom any indemnification abligations in this Agreement as ii re�ates
ta Hazardous Materials only; (3) �xtend the Contract Time by the actual number of days that the
Design-Builder is delayed in the completion of the Contract Work arising �ut af or rela#ed to the
identification, testing, and abatement of the Hazardous Material existing at #he Proj�ct site priar to
commencement of per�armance; (4) execute a Change Order �ncreasing the Contract Price by any
costs or losses incurred by Design-Builder which arise out of the testing or abatement o# tt�e
Hazardous Material existing at the Pro�ect site prior to commencement af perFvrmance, or relate to
tF�e performance of Construction Wark in the area affected by th� Hazardous Materiai prior to the
Design-Builder's discovery of the Hazardous Material existing at the Project site prior to
cammencement of perfarmance.
�.fi.4 During perfarmance of the Consiruction Work, ti�e Des�gn-Builder shall be
responsible fior t�e proper handiing of all materials brought to the Project site by the Design-Builder
or its 5ubcantractars. Upon the issuance of the eertifieate of Substantial Completion, the �wner
sha{I be responsible for materials and substances brought to the Praject site, if such materials or
substances are required by the Construction Dacuments; pro�ided, however, that the Design-Builder
shall �e responsible if such materiais ha�e been mishandled or improperly stared during the
performance of the Agreement.
�.6.5 If Hazar�ous Materials are encauntered as a result af the Design-Builder or its
Subcontractors' im�ortation af such materials onta the Project site, the Design-Builder shall defend,
indemnify and hold harmless the Owner, its officers, directors, and empioyees from and against any
and all claims, damages, lasses, costs and expenses, including but not limited to attorneys fees,
arising out ofi or related to the Construction Work in any area affected by Hazardnus Materials This
indemnification shall app[y without regard to the fault, n�gligence, breach Af warranty ar
contra�t, or strict liability o# the Owner and shall fndemnify ti�e indemnities f�r their own f��lt
or negligence.
2.� Designa�uilder's Warrantv. Design-Buikder warrants to Owner that all materials and
equipment furnished under this Agreement wi{I be new, unless otherwise specified. The Design-
Builder also warrants to the Ownerthat all materials anc! �quipment furnished under this Agreement
will be in conformance with �he Canstruction Documents. �esign-Builder's warranty abligations
exclud� defeets caused by abuse, alterations, flr failure to mainiair� the Construction Work by
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STANDARD FORM 0� DESIGiV-BUIL� AGREEMENT BETWEEN OWNER AN� DESIGN-�I�E�'�i�- ----- —
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persons other than the Design-Builder. The Design-Builder agrees to carrect all Defective Wor{� far
which the Owner provides notice to the Design-Builder within a period of ane year from ti�e date of
Substantial Compl�tion. The Design-Builder shali collect all written warranties from manufacturers,
as well as all equipment manuaEs, and deliver them to the Or�vner for the Owner's use. To the extent
that products, equipment, systems or materials incorporated inta the Construction Wark are covered
by a warran�ty from the manufacturer of such products, equipment, systems or material En excess
of one year, the Owner's remedy to correct the defective products, equipment, systems, or materials
a�ter the one-year period shall be exclusi�efy against the warranty of the manufacturer.
,��iIC�� 3 - OWiV��'S F��S��NSI�I�ITI�S
3.i CoaQ�ration with �esipn��uilder.
3.1.1 Owner shall, throughout the performance of ihe Construction Work, cooperate
with Design-�uilder and perfarm its respons9bilities, abligations and services in a timely manner to
facilitate Desig�-Builder's timely and efficient performance of the Canstruction Work and so as not
to delay vr interfere with Design-Builder's performance of its obligations under ihe Contract
Documents andlor Construction Dacumenfis. The Owner shall cooperate and provide reasonabie
assistance to the D�sign-Builder in obtaining the permits, appro�als, and licenses that are the
responsibilifiy of the Design-Builder.
3.9.� Owner shall pro�ide timely reviews and ap�rovals of interim design submissions,
Schematic Design Documents, and Canstruction Documents cansistent with Owner's normal
business practices and within the reasonable times set forth in Design-Builder's schedule.
3.� Information and Services Pro�ided bv Owner.
3.�.i The Owner shall �rovide full informatiQn in a timely manner regarding
requirements for the Project including all informatian contained in the Design Criteria Documents.
3.�.� Unless expressly siated to the contrary in the Contract Documents, Owner shall
provide, for Design-Builder's info�mation and use the following documents upon which �esign-
Builder is entitled ta rely upon in per€orrning the Work:
3.�.�.1 Surveys describing the property, boundaries, topography and
reference points for use during construction, including existing service and utility lines;
3.�.�.� Geotechnical studi�s describEng subsurface canditions, and other
surveys describing other latent or concealed physical con�itions at the Project site;
3.2.2.3 Temparary anti permanent easements, zoning requirements, deecf
restrictions, and ath�r requirements and encumbrances affecting land use, or necessary to permit
the proper design and construction of the Project and enable Design-Builder to perform the Work;
3.2.2.4 A legal dEscription of the property upon which the Project is locaied;
3.�.�.� To the extent availabl�, as-built and recard drawings of any existing
structures at the Project site; and
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9TANDAR� FORN! OF �ES�GN-BUILD AGRE�N{E�fi BETWEEN OWNER AND DE51GN-BU]LDER
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5.2.2.6 To the extent availabke, en�ironmental studies, reports and impact
statements describing the environmental conditians, inciuding Hazardous Conditions, in existence
at the Project site or which could affect the Project site.
3.2.3 Owner is respansible far securing and executing all neaessary easements and
agreements with adjacent land or property owners that are necessary to enable Design-B�iider ta
per�orrn the Work. Owner is further responsible for all costs, inciuding attorneys' fees, incurred in
securing thase necessary easements and agreements. Owner is responsible for securirtg all zoning
approvals rec�uired for the Projec# as well as all easemer�ts necessary for the construction to
proceed without delay.
3.3 Approv�l of Schematic Desiqn Documents. At the time of the Owner's appro�al of
the Lump Sum Price P�aposal, as provided in paragraph 5.2, the Owner shall re�iew, modify as
required, and appro�e the Schematic Design Documents provided to the Owner by ihe Design-
Builder. Upon the Owner's approval, the Schematic Design Documents shall be part of the Contract
Documents and shall constitute the scope of the design and construction services ta be performed
by Design-Builder.
3.4 Owner's Canstruction I�esponsibilities
3.4.1 Througho�t the p�rformance of the Construction W�rk, the Owner shall coaperate
wit� Design-Builder to assure that the Construc#ion Work is timely and efficiently perforrned without
delay or ir�terference to the services provided by �esign-Builder. The Owner shal� provide a
representati�e who shall be fulfy acquainted with the Project and who shall have authority to bind
the Owner in all matters requiring the Owner's approval, authorization, or written notiee. I� the
Owner changes its representative or the representative's authority as listed abo�e, the Owner shall
nati#y the Design-Builder in writing, ir� ad�ance of such change.
3.4.� Own�r is responsible for all work perfiormed on the Praject or at the lacation of the
Project by other contractors under separate contracts witY� the Owner. Owner shall contractually
require its separate cantractors ta cooperate with and coordinate their activit9es with Desi�n-Builder,
so as not to interfere with Design-Build�r in p�rformance of this Agreement.
3.4.3 Owner shall provide or contract for, independently of the Design-Builder, the
inspeetion services, the testing of canstruction materials, and the verificatian testing services
necessary for acceptance ofi the Project.
AL��IC�,� 4 � COi��R�C�' ilti��.
4.1 Substantial Comaletion and �inal Completion. Substantial Campletian of the
Constru�tion Wark shall be achie�ec� after the Date of Commencement, within the Contract T[me
as specified pursuant ta paragra�h 5.2.1.4 and as extended pursuant to paragraph 4.2. Ur�l�ss
causes �eyond the Design-Builder's control delay final completion, the Design-Builder shall achieve
final completion of the Construction Wark, including all puncl� list work, within sixty (60) days from
the date of Substantial Completion.
4.� �,xtssions of Time
4.�.1 If causes beyortd the Design-Builcfer's control extend the time for the
-- -- --- -- - - - - - - . .._— . _ _---____ - ---- ___._
STANDARD FORM OF []�SEGN-6UkLD ACzREEMENT BETW�EN OWNER AND DE51CaE�+:�JlL'�+€:� J W
ON LUiVIP SUM PRkCE 8A51S . �„' �., ��!���v � of 21
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commencement vr progress of the Canstruetion Work, then the Contract Time shall ba extend�d
as appropria�e. 5uch causes shall ir�clude but not be limi#ed to: changes ordered in the
Construction Wori� by the Owner, negligent acts or flmissions of the Owner or Other Contrac#ors,
the Owner's interference in the Desigr�-B�ilder's performance of Constructior� Work, the presence
of Hazardous Materials at the Project site, ti�e presence of Differing Site Conditions, adverse
weather conditions not reasonably ar�ticipatec�, fire, un�sual transportation d�;iays, labor disputes
impacting the Project, aatians by governmental agencies, andlor unavoidable accidents or
circumsianees. Causes l�eyond ihe control of the Design-Builder do not include negligen# acts or
omissions on ihe part of the Design-Builder, Subcontraciors, or the Architect/Engineer.
4.a.� In the event delays to the Project are encountered for any reason, bath the Owner
and the Design-Builder agree to undertake reasonable efforts to mitigate the effects of such delays,
4.3 Liauidated �amaq s. To the extent that the Substantial Completion of the Praject is
not achieved by the Design-Buil�er within the Contract Time, as adjusted pursuant to the provisions
of paragraph 4.2, the Owner will suffer fiir�ancial loss which is difficult, if noi impossible, to estimate
or compute. The Owner and the Design-Builder therefore agree that the amount o# $200.OQ per day
shall be deduc#ed fram the total payment d�e the Design-Builder for each �ay the Substantial
Compietion of ti�e Project is delayec! beyond the Contract Time, as adjusted by the provisions in
paragraph 4.2. The Owner and the D�sign-Builder agree that the amount of $200.00 per day is a
reasonable expec#atior� of the Owner's probable damages, both direct ar�d consequential, including
all of the Owner's financial and ecflnomic losses assaciated with, or directly or indirecily arising aut
of the de{ay in the Substantial Comp[etion of the Project, and that suci� deduction af ti�e Ilquidated
damage amoun� is �nt for the purpose af a penalty.
ARTICL� 5 d �OPli�ACi PRIC�
5.1 �antract �rice Owner shalf pay Design-Builder, in accordance with Article 6 hereof,
totak compensation ("Coniract Price"} equal to the Lump Sum Price.
5.� �umn �um Price
5.�.1 l�ump Sum �rice Propo�s J Within 15 days after t�e design is sufficienily
complete to establish the Lump Sum Price, the Design-Builder shall submit a Lump Sum Price
Pro�asaf ta Owner which shal[ incfude the follawir�g informatian and documenis:
5.�.i.1 A propose� Lump Sum Price for performing the Constructian Work,
whic� amour�t shall include the Design B�ilder's Design fee.
5.�.1.� A copy of the Schematic Design Documents used as the basis for
establishing the Lump Sum Price.
�.2.i.3 A list of the assumptions and clarifications made by Design-Build�r
in estai�lishing the Lump Sum Price, which list is intended to sup}�lement the information contained
in the Schematic Design Docum�nts.
�,�.1.4 The Contract Time upan whicF� the proposed Lump Sum PrEce is
based.
STANDAR� FORM OF DE51GN-BUILD AGREEMENT BETWEEN OWNER AND D�SICN-t3I�(1t,�F�^ '
QN LUMP SUM PfilC� SASIS �
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5.2.1.5 If applicable, a list of allowances and a statement of their basis; a
schedufe of alternate prices; a schedu{e of unit prices; anc�/or a statement of Addit�onal Services;
and
5.2.1.6 The time limit for acceptance of the Lump 5um Price Proposal.
�.2.2 Review and Adjustmeni to Lump Sum �rice Proposal After submission of
the Lump Sum Price Proposai, Design-Builder and Owner shall meet to discuss and re�iew the
Schemaiic Design Dacuments and the Lump Sum Price Proposaf. lf 4wner has any comments
regarding the Lump Sum Price F'ropasal, or finds any inconsistencies or inaccuracies in the
infarmation presented, the Owner shall pramptly gi�e written natice to Design-Builder of such
comments or findings. lf appropriate, Design-Builder shall, upon receipt af �wner's nvtice, make
appropriate adjustments to the Lump Sum Price Proposal.
5.2.� Acceptance of �umn �um �rice Proposal lf Owner accepts the Lump Sum
Price Propasal, the Lump Sum Price Proposal and all ciocUments submitted with ihe �ump Sum
Price Prapasal sF�all am�nd and become a part of this Agreement. The Date af Commencement
shall be five (5) business days a�ter Design-Builder's receipt of Qwner's acceptance af the Lump
S�m Price praposal. Design-Builder will proceed witn completion of design and ordering of fong
lead-time materials required far the Praject.
�.�.4 �'ailure to Accept #he Lump 5um PriCe Proposal If Owner rejects the Lump
Sum Price Proposal, or fails to notify DesigR-Builder in writing on or hefore the date specified in the
Lump Sum Price Pro}�osal that it accepts the Lump Sum Price Proposal, the Lump Sum Price
Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Des9gn-BuiEder
shall meet and confer as to haw tl�e Praject will proceed, wi�h Owner having the foliowing options:
�.�.�.1 Owr�er shall suggest modifications to the Lump Sum Price Propasal,
whereupon, if such modifications are acce�ted in writing by Design-Builder, the l.um� Sum Price
Prapasal shall be deemed accepted, as modi�ied, and the parties s�all proceed in accordance with
paragraph 5.2.3 above, except the Date af Cammencement shall be t�e dafie of Design-Builder's
written acceptance of such modifications; or
5.�.4.� Owner shall terminate this Agreement by payment to D�sign-BuiEder
of $15,000 far fihe preparation of th� Schernatic Desig� Documents, such payment being the total
compensatio� Design�Builder will be entitled to for any and all wark p�rformed prior to the date of
such terminatian.
�.3 Rdiustments to Lump Sum �rice The Lump Sum Price shali be equitably adjusted
to pravide for changes in the scope of the Construction Work, including:
�.3.1 Delays encountered in performing the work caused by or resulting from acts or
omissions of �he Owner, the Owner's representatives, or any Other Contractors;
5.�.2 Changes to the Project or Canstruciion Work as provided in Article 7 hereaf;
�.�.3 Additionai work andlor delays caused by or resulting fram the presence of
Hazardous Materials on the Project site other #han materials brought onto the site by Design-B�tilder;
._ --- - - _ _ _ _ --� - - - --- --- . .
STANDAFiD FORNf OF DE51GN-BUILq AGREEMENT 8ETWEEN OWNER AND DES�GN-E�'._lJ�..�F� -.
OiV LUMP SUM PRICE SASIS ,�.. .�,. „��& iQ of 21
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5.3.4 The Owner's suspension of the work under this Agreement; or
5.3.5 Differing Site Conditions; and/or other occ�rr�nces or circumstances for which the
Design-Builder is entitled to a price adjustment under this Agreement.
5.3.fi
AR�ICL� 6 - �AYM�Ni
6.'[ �chedule of Values.
6.1.1 Priar ta submitting the first application for payment during the Construction Work,
the Design�Builder shall pravide to the Owner a schedule of values consisting of a breakdown of
the Lump Sum Price with separate line items for the major efements af the Canstruc#ion Work
included in the Lump Sum Price.
6.�1,� lf the Owner disagrees with the �alues utilized by the Design-Builder in the
schedule of values, the �wner shall pravide the Design-Buiider a written objection ta the schedule
flf values within se�en {7) days afiter the Owner's receipt of ti�e schedule of values, specifieally
stating the items with which the Owner objects, the basis for such o�jection, and the adjustment in
the schedule of values which would be satisfactory to the �wner. In the event of objection by the
Qwner, the Design-Builder and the Owner shall negatiate in go�d faith ta resalve any such objection
before commencement of the Construction Work. The Design-Build�r shall not be required ta
commence t�e Canstructinn Work until all such objections are resolved. If any such delays in the
commencement of the Construction Work are �nco�ntered, the Design-Builder shall be entitled to
an adjustment of the Contract Time.
6.2 Monthlv �roqress �a�mertts.
6.�.1 On the first day vf each month after the Date of Commencement, the Design-
Builder shall submit ta the Owner an application for payme�t based on the percentage af work
comp{eted far each item on the schedule of values, and the materials suitably stored at the Project
s9te (or at other locatians approved by the Orrvner). Appro�al of payment applications for such store�
materials shall be conditioned upon submissian by the Design-Builder of bills of saie or such other
procedures satisfactory to the Owner to establish the Owner's tit{e to such materials.
6.2.2 Within ten (10) days after the Owner's receipt of eaeh mor�thfy application for
payment, th� Owner shall give written notice tv the Design-Builder of the Owner's acceptance,
reject9on, or adjustment of such application for payment. The Owner's adjustment or rejection of
an appficatior� for payment shall only be faaseci on a justification stated in paragraph 6.2.3. Within
fifteen (15) days after receipt o# 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
previa�sly paid by the Owrner. (f such a�plication is rejected or adjusted, the Owner shall provide
with the written notice of rejection or adjustment, a statement of the specific por�ion of tf�e ite�ns in
the schedule ofi �alues rejected or adjusted and the Owner's basis for such rejection or adJ'ustment.
If the �wner and Design-Builder canno# agree on a revised amount, tne Owner shali pay directly ta
tF�e Design-Buiider the amount of thQse items not rejected and the uncontested amaunt of items
adjusted, less amounts previously paid by the �wner. The items rejected or ac�justed by the �wner
shall be due and payable when the reasons for the Owner's rejection or adjustmer�t have been
-- - _.. _ _ ..._ _ .... . .� _ -- ---�... _ .. _ _. _ ._.
STANDARD FORM �F D�SIGN-SUILD AGREENfENT BETW�EiV OWNER AND DE51GN-BLIILDEA�k
ON LUiVIP SUM PRICE SASIS
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remo�ed or cured.
6.�.3 �ustification for Owner's Adiustmen�. Far the fiollowing reasons, the Own�r
may rejecf or adjust an applicatio� for payment submitted by the Design-Builder to the extent
necessary to protec# the Owner from loss or damage far which Design-Builder is responsi�le under
#his Agreement:
s.�.3.1 The Design-Builder repeatedly fails ta perform the Construction Wark
as required by the Construction Documents;
G.�.3.2 The Owner suffers or incurs a lass ar damag� arising out af this
A�reement and caused by the Design-Builder, but anly to the extent that such loss ar 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 Qwn�r receives noiice that the Design-Builder has failed to pay
Design Consuliants, Subcaniractors, or other persans supplying materials, equipment or supplies
incor�arated into the Construction Work, when the Owner has paid the Design-Builder fior such
Constructian Work;
6.�.3.4 The Design-Builder fails to carrect �efective Work in a t�mely manner
as provided in this Agreement; or
6.2.3.� If the unpaid balance of the Coniract Price is insufficienf to pay for the
cost to complete the Construction Work required under this Agreement.
When the above basis for rejecting or adjusting an application for payment has been r�mo�ed, the
Owner will maEce prompt payment to the Design-B�ilder for the amounts pre�iously withheld.
6.�.4 Retainaae �efore Subs#antial Completion. From each progress payment
made prior to the t9me of Substantial Completian of the Construc#ion Wark, the Owner may retain
five percent {5%� of the amaunt otherwise due under this Agre�ment.
6.2,.5 �etainaae After Substantial Comnletion. Upon 5ubstantial Ca�np{etion of
the Construction Work, the Owner shall pay the Design-Builder the unpaid balance of the Contract
price, less a sum equal to 154% of the Design-Builder's estimated cost of completi�g any unfinished
items, as agreed ta between the Owner an� the Design-Builder. The Owner thereafter shall pay the
Design-Builder monthly the amount retained for unfinished items as each item is completed.
G.2.6 Owner's �ailure to �av_. If the Owner fails to pay th� Design-Builder at t�e
time payment of any amount becomes due, and st�ch amaunt remains unpaid for a periad of s�ven
(7) days, then (i) within three (3} Owner business days aft�r the Owner`s receipt of notice from the
Design-Builder of the Design-Builder's intention to cease work on the Praject, the Desigr�-Builder
may stop ail work on the Praject until fufl payment of the amount owing has been received by the
�esign-Builder and (ii) within seven (7) days after the �wner's receipt of notice of termir�ation from
the Design-Builder, the Design-Builder may terminate this Agreement. Payments due but unpa[d
pursuant to this Agreemertt shall bear inier�st at the rate set farth for �ast due construction
payments in Chapt�r 2251 of the Texas Gavernment Code.
STANDARD FORM OF DESIGN-BUILD AGREEMENT B�TW��N OWNEFi AND DESIGN-Bl11LD�i„, f,:��j -- �_._. �
p�V LUMP SUM PRICE BA51S ,.�..:;„ ;�''�i� , �� `���u}'�1
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6.�.� 4Narrantv of Clear iitle. The �esign-Builder warrants and guarantees that
title ta all work, materials, and equipment covered by an application for payment, whether
incorporated in the Project or not, will pass to the Owner upon reaeipt by Design-Builder of payment
for the application ior payment, free and clear of all liens, claims, securiry interests, or
encumbrances, The �wner's payment of an application for payment, whether in wrhole or in �ari,
sha[I not be deemed acceptance of any Construction Wark not conforming to the requirements of
t�e Constructian Documents, it being the duty and responsibility of the Design-Builder to perform
the Construction Work in accQrdance with the requirements af the Constructio� Documents.
6.3 �inal �avment.
6.3.i Upon enmpletion of ali work under this Agreement, including punch list work,
Design-Builder shall submit an invoice to Owner for the final Contract Price, less progress payment5
previously received (the "Final Invoice"}.
6.3.� Ov�mer shall ha�e 30 days to re�iew and audit Design-B�ild�r's Final In�oice. If
the Owner disagrees with the Design-Builder's Final �n�oice notice thereaf shall be pro�ided to
Design-Builder not la#er than 35 days fiallawing Design-Builder`s submission of its Final Invoice.
Such notiee of disagr�ement musi 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 In�oice, payrrient shall nevertheless
be made for the undisputed balance, if any, due Design-Builder. Such payment of the undisputed
balance is due not later #han 45 days following Design-Builder's submission of the Finaf Invoice.
6.3.4 ]n the event the fiinal tatal Contraci Price payable under this Agreemer�t is less
than the sum of progress payme�ts previously rece�ved, Design-Builder shall r�fund the amaunt of
such excess progress payments reeeived to Owner within 10 days follawing the final determination
of t�e final total Contract Price. Any refunc� not so made shall bear interest at the rate of ten percent
(10°/a) �er annum.
�.3.� Owner shall pay Design-Build�r interest at the rate set forth for past due
c�nstruction payments in Chapter 2251 of t�e Texas Gvvernment Code on any amounts not tlmely
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 origina� due date of the dispute� payment.
A��I��� 7 a�bANG�S lN iH� W��FC
7.1 Cf�anaes in the Wgr�, Changes 9n the Construction Work wnich are within the general
scope of this Agreement, may b� accomplished without invaliding the Agreement by Change Order
as provided in �aaragraph 7.2, a Wark Change Directive as provided in paragraph 7.3, or a Minar
Change in the Wark as providad ir� paragraph 7.4.
7.� Chanc�e Orders. The Owner may order changes in the Cor�struction Work within the
general scope of the Construction Documents by a Change Order� All such changes in the
Construction Work shall be authorized byti�e Owner pursuantto a written change order executed
by the Owner and the Design-Builder, and shall E�e performed under applicable conditions of the
Contract Dacurr3ents. Each adjustment in the Contract Price and/or Contract T�me resulfiing from
�,.--_.. __.__ - — -- -- _ __�- __�--�-._____-. .__ _ _ _. . � -�- -- - -
S7AN[?ARD FQR�VI OF DESIGN-BLJILD AGREEMENT B�TWEEN OWNER AND DESIGN-BUILDER
ON LUMP 5UM PRICE BASIS �8�� �� �� �� �
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a Change Qrder shall clearly separate the amount attributable to design services. The Owner and
the Design-Builder s�all negotiate in goad fai#h an equitable adjustment to the Cantract Price and
the Contract Time and shall conclude these negotiatians as expeditiously as possible. Neither the
Design-Builder nar the Qwner shall unreasonably withhold acceptance of the Change Order and any
adjustment in the Contract Price andlar Contract Time.
i.� Wark �hanpe �irectirre. In the event the Owner and the Design-Builder cannot
agree on an equitable adjustment to the Contract Price or the Cantract Time, the Owner may issue
a Work Change Directive, directing a change in the Canstruction Work if the changed wark 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 Direct�ve. The Design-Builder shall also record all
extra time requ9red for the campletion of the work required by the Wvrk Chan�e Directive. The
Contract Price wi[I be increased by the amount ofi such ad�itional costs p�us fifteen perc�nt (i 5%)
of such costs for Design-Builder's overhead and profit. The Design-Builder wi�l also be entitled to
an extension af the Contract Time that corresponds with the additional time required to complete
the work under the Work Change �irective. If the Owner and Design-Builder suk�sequentky agree
to the adjustments in the Contract Price and the Contract TEme far work under the Work Change
Directive, such agreement shall �e documented by completion of a Change Order.
i.4 lV�inar Chan4es in the Work. Design-Builder, with the written a�pro�al af the
Owner, may make minor changes in the design and construction of the Project consistent with the
intent of th� Contract Documents, which do nat involve an ad�ustment of the Cantract Prioe andlor
the Contract Time, and which do not materially ar a�vers�ly affect the design of the Project, the
qUality of any of tF�e materials ar equipment specified in the Cansiruction Documents, the
performance af any equipment or systems specifi�d in the Construcfion Documents, or #he quality
of workmanship required by the Constructior� Documents.
i.5 �ifferinq Site �ondi�ions. Ifi Design-Builder encounters a Differing Site Condition,
Design-Builder will be entitled to an adjustment in the Contract Price, andlar the Contract Time, to
the extent that the Differing Site Conditinn adversely impacts design-Builder's costs and/or time of
performance. Upon encountering a D{ffering Site Condition, Design-Builder shall provide prom�t
written natice to Owner of such condition, ur�hich natice shall not be later t�an fi�e (5) business days
after the impact af such Differing Site Condition has been determined by Design-Builder. Design-
Builder shall, to the extent reasonably possible, provide such notice in a manner to aflow the Owner
to mitigate any costs ar exkra expenses arising out of the Differir�g 5ite Candition. Design-Builder
waives any claim for additional time andlor compensation for failure io prnvide written no#ice as
required herein.
A��ICL� 8- IND�MNIiY, IidSU��fd�� AN� ��iV�S
8.1 lndemnitv. To the #ullest extent permitted by law, the Design-B�ilder shall defend,
indemnify and hold harmless the Owner, Owner`s officers, directors, sharehold�rs and employees,
from all claims for bodily injury a�d property damage (other than to the work itself and oiher property
required ta be insured under paragrap� 8.2, 8.4 ar 8.5) that may arise frvm the performance ot
Consiruction Work, except as provided in paragraph 2.6.3.
8.� �esiqn��uilder's 6iabilitv Cnsurance. The Design-�uilder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance af this
STANDAFiD FORIV� OF DESIGN-6UILD AGREEM�NT BkTW��EV OWNER AND �ES1GN-BUIL�ER �.•�_ �
OP! LUMP 5UM PRICE BASIS ��°�.F�ja�,� ]��.�rr lri
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Agreement, whether resuiting from the Design-Builder`s operations or from the operations o# any
Subcontractors, their employess, or by an indi�id�al or entity far whose aots they are liable:
�.�.1 Claims under Workers' Compensation statutes or other disability benefits stafutes
applicable to the Construction Work;
8.�.� Clairns under applica�le emplayer's liability staiutes or laws far bodily injury,
occupational sic4�ness, disease or death claims of #he Design-Builder's empkoyees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons r�at
employsd by the Design-Builder;
8.2.4 Claims f�r personal injury disability for damages directly or indireotly related to the
person's emplvyment by the Design-Builder;
�.2.5 Claims for damage to or destruciion of tang�ble property;
8.2.6 Ciaims for bodily injury, death, or prop�r�y damage resulting from motor vehicle
liability for motar �ehic[es used or operated by the Design-Builder; and
8.2.7 Claims for cQntractual liability invoi�ing the Design-Builder's abligatians under the
indemnity providecE in this Agreement.
8.�.� The Design-Builde�`s liability insurance policies shall be written far not less ti�an
the fallowing limits ofi liability:
Commercial General Liability Insurance:
(a) Each accurrence limit: $1,00O,OOD
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregaie: $2,00O,OOQ
(d) Personal and advertising Injury Limit: $2,000,000
Comprehensive Automobile Liability Insurance:
(a) Combined single-limit bodily injury and property damage: $�,aQO,aoo.
8,2.9 Commercial General Liabifi#y Insurance may be arranged under a single palicy
far the fuli limits required ar by a combination of underlying palicies and an excess of umbre!{a
liability palicy. The palicy shall contain a provisior�s tha# co�erage will not be cancelled or �tat
renewed until at least thirry (30) days prior written notice has been given ta 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. Praduc#s and completed operations insurance shalE be
maintained for a minimum period of one year aft�r the date of Substanfial Campletion.
�.3 Professional Liabilitv lnsurance.. The Design-Build�r shall obtain or require its Design
Consultants to obtain prof�ssional liability insurance for claims arising out of the negligent
performance of the professional serrrices requir�d under this Agreement. The professional liability
insurar�ce shall be written far an amount noi less than $2,004,OOa per ckaim and in the aggregate,
with a deductible amount not to exceed $50,000. Such coverage shall be mair�tained for a period
�._ _ . __ ... _ .�_._ _ � _ _ _ _ _._ .�.�.
- __ .
STAN�ApC} F'ORM OF I1�SIGN-BUILD AGiREEMENT BETWEEN OWN�R AND d�SIGN-BUII.dER
ON LUMP SUM PRICE BA51S .;�e.�.F ^�?i
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af three (3) years following the date of final completion.
�.4 �uilder's Ris� Insurance. The Design-Builder shalf obtain and maintain All Risk
B�ilder's Risk ir�surance fior the Construc�ion Wark raquired under this Agr�ement. T�is insurance
shafi include as named insureds the Owner and the Design-Builder. This insurance shall include
all risk insurance for physical loss or damage including without dup[ication af coverage, at feast:
theft, vandalism, malicious mischief, collapse, earthquake, #lood, windstorm, falsework, temporary
buildings, debris remaval, �esting, and demolition resulting from enfiorcement of any applicable legal
requirements.
8.J Qwner's PrDperty InSUCance.
8.�.1 The Owner will purchase and maintain insc�rance to protect the Owner, Design-
Builder, Architect/Engineer, and Subcontractars against loss af use of the Owner's proper�y.
8.a.� The Owner shall obtain and maintain boiler and machinery ins�rance as
necessary. The interest of the Owner, Design-Builder, ArchitecUEngineer, and 5ubaont�actors shall
be protected under this coverage.
8a6 Waiv�:r of Subroqation. The Owner and the Design-Builder wai�e all rights against
each oth�r and against �ach oth�r's employees, subcontractars, and design professionals for
damages covered by insurance provided pursuant to this Agreement, but only to the extent of actual
payment by the insurance carrier to the injureci party. The Owner and Design-Buiider specifically
reserve each ather's rights that each may ha�e to proceeds of the insura�ce and to pursue the
insurance carrier for its failure to makce payment pursuant to the obligatians under the insuring
agreements provided pursuant to this Agreement.
8.� �onds �nd Other �erformance Security.
8.7.1 The Design-Builder shall give the City surety in a sum equal to the amount of the
Lump Sum Price, as re�uced by cost of the design services. The Design-Builder shall be required
ta furnish bonding as foflows. All bonds furnished h�reunder shall meet the requirements af Chapter
225� of the Texas Gnvernment Code, as amended.
8.7.2 If the total Lump Sum Price as reduced by the cost of the design services is
$25,000 or [ess, payment to the Design-Builder 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 bsen completed and accepted
by th� �wner.
8.7.3 If the total Lump Sum Price as reduced by the cost of the design services is in
excess af $25,000, a�ayment �and shall be executed, in the amount of the contract, solefy far t�e
protection af all claimants suppiying labor and material in the prosecution of the work.
8.7.3 If the total Lump Sum Price as reduced by the cast of the d�sign services is in
excess of $100,0�0, a�erformance Band s}�all be execut�d, 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 shal) soleiy be for the protection of the Owner.
8.7.4 A maintenance bo�d ir� the amount of 100°/a of the Lump Sum Price as red�ced
- - _ _.. - - - --- - — .
STAIVDARD FOR�11 OF DESIGN-BU]LD AGREEMElVT BE7W�EN OWNEFt AND DESICI�-�LfILD�R
�N LUMP SUM PRICE BAS�S ` paaa 16 of 21
�:��� �'u'��G�=���;1�;�+���.� �
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by the cast of the design services to guarantee the work for a perio� of vne (1) year after the date
af aceeptance af the project from defects in workmanship and/or material.
8.7.5 ln order for a surety to be acceptab�e io the City, it must meet the requirements
af V. A. T. S. Insurance Code, art. 7.19-i .
8.7.6 No sureties will be accepted by the City that are at the time in default or
delir�quent on any bonds ar �vhich are interested in any litigation against the City. Should any surety
an the contract be determined unsatisfactary at any time by the City, notice wilf be gi�en ta the
contraetor ta that effect and the cflntractor shall immediately provide a new surery satisfactory to the
City.
,���IC�� 9� a�IS��iVaION AiV� i�RlVi[N,4iI�N O�' ili� ACR�FIUY�F�T
9,� �usnensfon b� the Owner for Con�enience. The Owner may arder the Design-
Builder in writing to suspend, delay or interrupt all or any part of the Work without ca�se far such
period of time as th� Owner may determine to be a�propriate for its con�enience without additional
compensatia� to the Desi�n Builder. To the extent the iime for performance of the Construction
Wor�c is impacted hy such suspension, delay or interruption an equita�le adjustment shall be made
in the Contract Price andlor Contr�ct Time. No adjustment shall be made if the Design-Buiider is
or otherwise woul� �ave been respansible for the susper�sion, d�lay or interruption of the
Construction 11Vork, ar if another provision of this Agreement is applisd to rerider an equitable
adjustment.
9.� �'erm"rnaiion bv the Owner for Cause.
9.2.1 If the Design-Builder persis�ently fails to perform any of its obligations under this
Agreement and fails within se�en days after receipt of written notice from Owner �f such failure to
commence and continue correction of such failure, then the Owner may undertake to perform such
obligations. The costs ineurred by the Owner in performing such abligations may be deducted from
the Contract Price.
9.2.2 Ifi the Desi�n-Builder fails to cure upon se�en (7) days' written notice to the
Design-Builder and the Design-Builder's surety, if any, ti�e �wner may, after seven days fallawing
receipt by the Design-Builder of an additional written natice, terminate this Agreeme�t far any of tl�e
�following reasans:
9.2.2.i If the Design-Builder persis#ently utilizes improp8r materiaEs andlor
inadequately skilled workers;
9.�.�.� lf the Owner receives notice thai the Design-Builder has not made
proper payment ta lab�rers, material suppliers or Subcontractors, providec! that the Owner has fully
paid ta the Desi�n-Builder in accordance with the terms o� this Agreement, ihe payment sought by
such labarers, materiaf suppliers or Subcontracfior; or
9.2.�.3 If the Design-Builder persistenily fails to abide by the orders,
r�gulations, rules, ordinanees ar laws of governmental authorities having �urEsdiction; or
9.�.�.4 If the Design-Builder is in breach of any other requirement of the
_� ___ - - - _. . _.._.----- ---- - _. . _
ON UMP SUM PRiCE BASiS� BUILD AGREEM�NT BE'iW�EN OWNEA AND D�SIGN-BUILDER ,;�li,��,`I!��g ����i,l ';,r
:l �'�, . ��, � �
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Contract Doc�ments.
9.2.3 The Owner may terminate this Agreement for cause if the Design-Builder files a
petition under the Bankruptcy Code, and the Design-Builder or the Design-Builder's trustee rejects
the Agreement or, if there has been a defauit, the Design-Builder is unable to give adequate
assurance that the Design-Builder will perform as required by this Agreement o� otherwise is una�le
to camply with the requirements for assuming this Agreement und�r th� app[icable provisions of the
Bankruptcy Cade.
9.2.4 In the event tne Owner exercises its righis under Subparagraph 9.2.1 9.2.2 or
92.3, upon the request of the Design-Builder, the Owner shall provide a detailed accounting of t�e
obligations or work of the Design-Builder performed by Owner and the cost irtcurred by the Owner
in performing such abligations ar wark.
9.3 �ermination b� the Owner Without Cause.
9.3.i ]f the Owner t�rminates this Agreement ather than as set #orth in paragraph 9.2,
then #he Owner shall pay the Design-Builder fior all work completed as of the terminatian date
(including any withheld retainage), plus all proven losses, costs or expenses incurred in connection
with demabilization and termination of the Constructian Wor1t.
9.3.� The Owner shall a{so pay to the Design-Builder fair compensation, either by
purchase or renta! at the election of the Owner, for al1 equipment retained. The Qwner shall assume
and become liable for obligations, commitmenfis and unsettled claims that the Design-Builder has
previously under�aken or incurrec� in good faith in connection with the Construction Work or as a
result af the termination of this Agreement. The Design-Builder shall cooperate with t�e �wner by
taking all steps necessary to accompfish the legal assignment ofi the Design-Buifder's rights and
benefits ta t�e Owner, including the execution and delivery o� required legal dacuments,
9.4 �erminafion bv the Desia�n�Builder.
9.4.1 Upon seven (7) days' written r�otiee to the �wner, the Design-Builder may
t�rminate tF�is Agreement for any of the following reasons:
9.4.1.1
9.4.1.2
ifi the Work has been sfiopped far a sixty (CO) day period;
if the Qwner sus�ends the Work for sixty (6a) days;
9.4.1.3 if the Owner fails to furnish reasor�able evEdence that suificient funds
are a�ailable and committed for the entire cast of the Project; or
9,4.i.4 if the Owner has for seven (7} days failed to pay t�e Design-Builder
pursuant ta Subparagraph 6.2.
9.4.2 Upon termination by the Design-Bui�der in accordance with paragraph 9.4.1, the
Design-Builder shall be entitled ta recaver payment from the Owner as if the Qwner had terminated
this Agreement under paragraph 9.3.
_ .. _ _ - -- -- _. -- -
STANDARD FORM OF D�51GN-BUIL� AGREEMENT BETWEEN OWNER AND QESIGN-BUILDER
ON LUMP SIJM PRICE BASIS
i �
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Page 7 8 of 21
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A��ICL� 10 — f�II�ORIiY1W�iV�FM �USIP�I�S� �Ni��P�IS� PA�iICIPAiION
10.1 A gaal of nineteen percent (19%) has been established for minority andlor women business
enterprise {MIWB�) participation in this Agreement. Design-Builder shall fully comply with all
requirements af City af Fort Worth Ordinance No. 11923 in meeting this established goal.
10.2 In accord witn Gity of Fort Worth Ordinance No. 1192�, the Customer has �oals for the
participatian af minority business enterprises and w�man kausiness enterprises in Customer
contracts. Pro�i�er acknow[edges �he NUWBE goal es#ablished for this cantract and its commiiment
to meet that goal. Any misrepresentatian of facts �o�her than a negl�gent misrepresentation) andlor
the commission nf fraud by fhe Provider may result in the iermination o� this agreement and
debarment from par�icipating in Custorner coniracts fiar a period of time of nat less than three (3)
years.
►4RiI�L� 11 � IIflISC�LLAR��OUS
11.1 Natices. All notices required to be giver� uncier this Agreement shall be deemed
defivered when deposited in the United States mail, first nlass postage prepaic�, addressed to the
recipient at:
RAMTECH BUILDING SYSTEMS, lNC.
1400 U.S. Highway 287 Snuth, Mansfield, Texas 76063
CITY OF FORT WORTH
FACILITIES MANAGER, TRANSPORTATION AND PUBLIC WORKS DEPARTIVIENT
1000 Throckmorton Street, Fort Worth, TX 76102
91.2 Canfl�ct in �erms. ln the event there is a conf�ict between the terms of this
Agreement, at�d any other Gantraot Document, the terms of this Agreement shall control over the
oth�r Contract Documents.
11.3 Attorne�'s Fees. In the ev�nt that the Design-Builder is required to retain the ser�ices
of an attarney to enforce this Agreement, or to defend against any cau�e af actian, claim, or
caunterclaim brought by the Owner flr� which the Owner does not prevail, then the Design-Builder
shall be enti#led to recover the attorneys' fees and costs incurred in addition to other remedies to
which the Design-B�ilder is entitled under Texas law. In the event that the �wner is required to
retain the services of an attorney to enfarce this Agreement, and the Owner prevai{s in asser�ing a
valid claim under this Agr�ernent, then the Owner shall be entitled to recover attorney's fees and
costs incurred, in addi#ion to other remedies to which the Owner is entit�ed under Texas law.
11.4 Governina Law. The laws of the State of Texas shall go�ern this Agreement and the
parties agree that any suit arising aut of or relating to this Agreement snall be exclusi�ely in Tarrant
County, Texas.
11.5 Wo Wa"rrrer o��ormance. The fa�lure of �ither the Owner or the Design-Builder to
insist, in any ane ar more instances, on the performance of any of th� terms, cavenants ar
conditions of this Agreement, Qr to �xercise any rlghts un�er this Agreement, shall not be consirued
as a wa�ver or r�linquishment of such term, co�enant, condition or right with res�ect to furkher
performance.
-�-�-�-- --
STANDAR� FORM OF DESICaN-BUILD AGR��M�MT BETWEEN OWNER AND DESIGN-��dli��f3
ON LUMiP SUM PRIC� BASiS ..
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Pa�e 1'� of 21
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11.6 Sever�bilitv. The partial or camplete invalidity ofi any one or mare provisions to this
Agreement shall not affect the �alidity ar continuing force and effect of any other provisian.
11.i R�'r h# to �►udit.
�'1.i.1 Design-Builder agrees that Owner shall, ur�tii the ex}�iration of three (3)
years after final payment under t�is contract, have access to and the right to examine and
photocopy any directly pertinent hooks, dacuments, papers and records of the Design-Builder
involving transactians refating ta this Agr�em�nt. Design-Builder agrees that the Owner shall have
access during normal working hours to all necessary Design-Builder faailities and shall be pro�ided
adequate and appropriate warkspace in order to conduct audits in compliance with the pra�isions
of this section. Owner shafl give Design-Builder reasonable advance notice of intended audits.
11.�'.� Design-Builder shall include in all its subconsultant agr��ments and
subcontracts here�nder a provision to the effect that the subconsultant and/or subcontractor agree
that the Owner shall, until the expiration of three (3} years after final paymeni under the subcontraat,
have access to anc� the right to examine and photocopy any directly pertinent books, doouments,
papers and records of such subconsultant or subcontractor involving transactians to the sub-
agreement, and furiher, that Owner shall have access during normal working hours to all
subc�nsultant ar subcontractor faciii'ties, and shall be pra�ided adequate and appropria#e work
space, in order to conduct audits in compliance with fihe provisions of t�is section. 4wner shall gi�e
subconsultants or sUbcontractors reasonable advance natice of intended audits.
11.�.3 Desigr�-Bui�der agrees to pha�ocopy such documents as may be requested
by Owner, ar�d further agrees #o inalude such a prn�ision in any subconsultant or subcontractor
agreement. Owner agrees to reimburse for the cast ot copies at the rate puhiished in the Texas
Adminis#rative Code in effect as of the time copying is performed.
11.8 Additional CompensatiQn Anywhere in this Agreement where Design-Builder may
be entitled ta additional camp�nsation, the calculation to determine sucn 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 Pr�ject site traifer, Project
site utility casts, Project site supervision, and like Project site specific cflsts.
-- -- - - --- . _ - _ . - - - - . . _. _ _ _ ..
STANDARD F'O#iM OF DESIGN-BUILD AGREEMfENT BETWEEN OWNER AND D�Sk�I�►-BLIIL�fY�' �
ON LUMP SUM PRICE BA515 • , ��age 20 of 21
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This Agreernent is entered into effective as of the �l� � day of
20,�.
DESIGN-BUfLDER
RAMTECH BUILDING SYSTEMS, Inc.
14�0 U.S. Highway 287 South, Mansfielr� Texas 76063
,
r.l ' �
BY: _ � _ ,
Mike Slafaper, Pr�sident
C�]��►1►13 �
CITY �
BY:
APPROVA�. RECOMMENDED:
. .9' .'t
By: �� " �y, " , _
[�it'ector, Transpartation and Public Warks
APPR�VED AS TQ FORM AND LEGALITY
B C�-��� �—' �
Y�
ity Attorney
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RECOFj,f��D: jJ
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BY� _ � -t - .�
' i��cretary
�`�A1 �� �
Cont� t Autlaorixa�ion
�0
f...-��,.�..�-�._.. _ ._
Dat�
� . -- - - _ _ . -- _ - _. - _ ---
STANDARD FORM OF n�SIGN-BUII.D AGREEMENT BEi1NEEN OV�INER AN� DESIC,,N-BUILD�F, ,
ON LUMP SUM PRICE BASIS �� !�����k•'���P1
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� �i ��I���' ......��P��•r:��:��1�.
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��.�v af f or-� �'�'or���r, �'ex�r�as
���o►� ��� �,a�r�c�� ���r����c���ar�
-r��.rF ��r-_�����r�c� �ur,n�F� 14[�� �dAr�1E f'�[�� �
�{��{�� ���., �� �� 1 _ _ . . _ _ ���T���� � , �f � �
��r�.��cr AWAR� QF ��f�TRA�i TO R�N1T��H ��Jl�bll�� �Y�T�NfS ��I� �I�E D�����1 A�3� �
���V�TRU�TI�f� �� ��k� NiETR�P��1TAiV f�EDI�Af� R���'C}iV�E �Y��Eh+l �A�I�IT1`
�ECOM ��k� f�DA710N;
It �s r�c;o�Y�men�i�d iha� the ��ty �ourrctl a�pr�v� ihe award �f ��r�#r��t �o Ram�ecl� E�ull�#int� ��st�ms
for Che �esit��� �nd �cor�str�,c�io�� o� Ehe h+letro�oli#a�n NJec�ical Respons� �y�t�rr� �NiP,�R�� #a���ity in th�
�mo��E vf �1�3,38�. for ��e �torag� �f inedic�� s�pplies for r�spons� t� �r�-r�rg�r�cy si��afii�ns, with a
cai�stru�#it�r� dur�,iio� of 1�0 ��Eend�r da�s_
f3f��l.��SlO�'
�� J��ne ��, � 9�9 �f�&� �-1 ��,Q�), �f�e �ity �o�a���kj a��rov��i an N1h.+�R� �r��t to acq4,�re equip�n��t
�nd sp$ca�l pl��rm�,��trt���.ls 6o be u�ed ir� re�po��se to Mh� ��ealth ar�� r��dical c�ns����c�n�es vf
terro�i�# in����n�s, �ncl�,ded in t1�e grar�t were �un�is ta c�nstr��t a climate cor�#ro�Eet� stc��age fac�iiwty� for �
fv�f1�R� �quipr�er�#.
�n Jar���ary �, �002 �f�8�� �-1�48��, the �it� �p�n�il ��th�ri��d tMe �ir}I �+.+l�n�g�� ko �1�#�rmin� wlli�h
c�r�stru��io� co�tr�cting mothod pea+r���� thc� t�est v�fue t� #h�e �it}+ �,flowab�e by ��n�[� Bilf 510
��hap�er ��� , �ul�ch�,pter I��, The �€ty N1�,r����r �pprorr�d cj�sig��-build ��nMractlr�r� as the �es� �al�,e
sale�trr�n for #hi� prajeCt.
T17is p�aje�G �onsMs#� o� th� d�srgn �nr� c��s1���,�ti�r� �# a cllRna�e-c�n�r�li�c�, �,7�� s��,�,r� ��ot pr�-
e��in�ered rn�tal bu€Id�n+� �o �� la�at�d �t ��e 8��� �t��eel Mair�ter�ar��e Fa�i�i��.
A� ��scrit�ed in Infofm�l F�e�or� f�o. 8��� dat�d A�rJI 1�, ��0�, a fwo�p�as� pa��l s�l�ctiar� proc�ss
resuFLeri in t�e se1��t��r� o� Aat�T��� Bu�ldir�� ��s#er�n� as tl•te i�}a4rated c�n�rar.t�r f�r t�is pro���t, Tl�e
��I��tion Cri��rk� incl��ded �as� �e�f��mar�ce, techni�al corr��ele�c�i P.+111+1��� ���rtic+pa#�c�n, p�o���t
��an�s�emen# pl�n, �ro�os�d t�cifit}� �e��ur+�s, a�rd propos�t� b�dgot.
fVegotiat�o�7s re��i�e�i I� ari ag�eec! upon dasign-b�ilc� �a�t of $15�,�84. Th� �r�j��ked #otal ���t af thi�
project is �s c��st;ri�ed b�low�
�ar�l�'�ckor's �osE:
Desi�� a��d ��n�tru�� w�,r��o�s�
.� I �JF.7O`t
�irv'� ��st:
Ele�trical fee�1 fram ���1i��+ to �uiNdir�g
�ICB �1�fC��`�I`lf �� �0�� ��1'��t
�eo�e�hni�cal invesl�gatior� ar�c� lestir�g
�onstr€�c#ion m�r�agr�ment
$ 3.�OQ
� �y�4J4J
� �,���
� 3,10Q
��r�str�ction �on�inc��r��v: 3 �00
Tot�l �o�t $174,984
�'r�,y � f �'r��•t. �'c�� t�i, �'exr�s
����� �r�c� �c����� �n�r�u�������r�
� �
�����r� r����RFr�Jt=E ��.�M��r� � n� hl�rr.� Pt�c;F
8f��1�2 -- **�'-� �� �� � ���T�FkAkC`a� � Qf �
_'�a�,a�'�T A�,I�ARD �F ��fV7�A�T 1`� F�AfI��E�H 13111LDif�1� �Y�TEhA� FDR THE DE�I�G�I �4�J'D
��iV�TRU�Ti�R� �F �FIE h+i�T'i��P�LCTAiV NI�D���IL ������4�E �Y���Na �A�fLITY
l��i11�lB� - I��rri7�ch ��,��dinc� ��r�t�ms a� in c��pl�an�� �vrth lh7e �3t�'s f�+�IWB� �rt��r�an�e �y carnmittir��
#c� �9°!a NllWBE ��r1ic��ati��. .
ihis pr�1�+c;1 �s ��c����i in ��1,1�1��l. DI�TR��T �.
' FI��A� I�]F�REv�,�Tl�[Vf�E�#`I`IFl�A�IOIV;
TI�� �i��anc� Dir��tor ��rtifs�� lh�t f�n�l� �r� �va�f�l�l$ ir� ���e cur�er�t �api�aa t��,�get, �s a�pro�ria�t�d, of
i t�� ��e�ra! Trust ��n�.
f�+lO:n
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C'�, Fir.h�n�recsli tA�r,���.�
Aclxli��nua! I��I'oruf.F�ion �'r�i��..�cl'
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:+� � 24Q 036536001 p00 $1 �3,3��.��J I
VatiUuS O�E�3GO�t(}�CY 5 ?�,fii?�_0�]
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09/18�2002 10:43 FA� 61�4�33485 RAbiTE`E`CH I�00�
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i4W�W AL�, i�i�l� �Y �'H��k ��G��t�i�, that we �amtecF� Building �ystems, inc.
as Principal, herein�ffer callBd the Pri�tGip�ll, �nd �r�velers Ca�alfy and Survty Cornpeny af Amerioa
a corpora#ion duly organized under ti�� laws of the Stat� uf ��nnecticut
as Surety, hereinafEer ca�1�:d the SUrety, are h�ld ar�d firmfy baund unfo C�fy a� �o�t W4�, Texas
�s Obligee, her�inafter �Iled the Obligee, in th� ��m of Five �ercent af Greatest Amaunt �id
TH� AM���CRN IN�iIiUT� �� �RC��T���S
Dollars ($ 5% �.A.B, �,
far the p�y�nent of �W�tich sum w�41 �C1d trUly ta be made, Ih� Said Prineipal and f,he s�id Surety, hind oursel��s, our
E�eirs, ex�cutors, �dministtatars, succ�ssars and assigns, joinfly �nd severalfy, fttmiy by tlh��e presents.
WH�REA5, the Principal has submitted a bi� for M�jor Me+�ic�f F�espanse �upply Sfor�g� ��eifity
NOW, THERE�dR�, if the Oblig�:e sh�lf acce�i the bid c�f tl�e Principal and the Princip�! si�a�i enter into a Cnntract
with the Obiigee in accorda�ce wjth iMe terms of such bid, �nd give such band or bands �s may be sp�cifed in t�e
hidrling or Con�ract Docum�nts with good and aufficient sureiy for 1he faithful p�rfarm�nce of such Con4ra�k and far
the prompt payment of labor �hd materiai fumish�tf i� the �ra�ecutian thereaf, or ii� the event of th� faiiurs �f the
P�in�ipai ko enter euch ContraG# �rid give such bond ar bondS, i� the Principal shall pay ko th� Ubligee the differ�nc�
nat tv �xceed tne penalty her�of be�,+ueen #he amvunt sp�'rFied in s�id bid ar�d sucF� larg�r �maunt for which th�
bbligee may in good faith cor�tract w1tf� aRother �a�rty to per�orm the Work �overed by saic� b�d, then this a6lig�tian
Sha11 be null and void, othelwis� tv r�mai� in fulf fofce �nd ��Fact_
�igned and sealed fhis 16#h day of S�piember
� �,Yna��sJ - �
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IN5TITUTE OF RRCHIT�G75, � las N,Y. AVE„ N.V�1, WASHINGTdN, n.C. 20006 :'+_ - -' w� .
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09/18/200� 10:43 FA% 81�4i3a485 RAMTECH �1003
- �A��,��tS CAS�ALTX A�iD SURETY ��MPANY OF �R�CA
�AV&I.LRS CA�UAt.TY AND S[FR�TY CUMPAI�7C
�'+ARMIl�GTON CASFALTX CQM�°ANY
�uTtf�rd, Cc�nnecticut p6i$i�J[16�
.-' -•,���POW�R O�' A'Y"f4RNEY AZ+TD C�RTIFTC,A.TE bk' AUTHORITY O�' ATTCIRNE'�(S}-.nV-�'ACr
_= I�fO� •�� P�RSUNS BY '�'HES� PS�SEI�+''Y5, �'gA� TRAYEL�1tS CA5UAIsTY ANA SURETY �OMPANY O�'
=�- A1Y1�1(�•l:t��, '�R��ELERS CASIIALTY A�A S�ETY CO�'ANY aud FA�WI�IGTDN e�,sII�T� cam���t.
�_.-_. Cozpoz�tiox� dul� organixed unde� the l�ws of tl�e St.�te af Co�n�icut, anc� h�ving tltcix pri��i�aal �ce.� in ihe City of �lart�oid,
•_ ; Eounty of Ha�%�d, 5ta�e of Cozuiecizcut, (iicrein�.Ctcr rhe "Caaan.panies�') hath made, cnnsliftited and appoi.nted, and d.o by t��se
pres�ni� zna�,•'canSiitul,C and appoi�at Ga�y �ruec Mc�lrny, Linda �. Sinka, af �'orrf Worth, Te�c2ts, tbciY' t�ue and lawfvI
Attrnney(s)ein Fact, with full pawGz �d auiha�[ty herelSy oanfet�ed ta sign, �xecute and acknawled�e, at any place witb,in ib.e Unir.cd
Ssates, the follow.i�n:g ins�um�nt(s}: by lusl�x sale sigz�fzrrc and 2c�, �ny artc� all 8d�ds, reeogni�iances, cantract� nf indemzriiy, �nd
othcr writings obligatory in tYse nature of 2� hond, r�cognizanca, a� conditxona� undext�king and any and a13 cort�cnts in�ident tliePeto
and tn biz�d t.�i Comp�naes, therCby �* �ixli.y and ta the sarne extant as if the same were signed �y the dnly �utharized oE�sc�rs oF Lhe
Ca�npauies, �nd all ths aGts crf said Attorney{s)�xz� �'��t, �uxsu�i lv ihc autbority htxei�n given, are Lzeraby �atifi.ed and c�n�rmsd,
Tkuis app�fnuneni is z�tacle under and try authozity c� the fozlo�ir�� Standz�g �sol�.ti0ns o� sa�zd Cvmp�, which Resalutions aze
novv in full. idree anci effect:
V�7�'liJ�- That ti�e Cbaiimar�, tl� �residen� �y Vicc Chaiiman, �y �cc.�e�tivc 'Vic� Presid�nt, tuty �ipr Vice �r'es�dent, ez1,y Vice President, zoxy
Second Vice Presiden�, lhe Treasurtr, any �sistant Tre�surer, the Corpocate 8���ry ot �ny ASsistant 3eeretary may appoint ALtomcys�in F&�€
�d Agent3 'to acx �or And on behaff of t�,e cu�ktpany and �tay p,ive s�eh appnintee such authorit}r as l�is ar her ccrlific�r� vf auCfiority m�q pr�sr,.�
t4 si�gn with the Con7pany's name and seal wifh the Compaay's seal boncls, rera�uizr�necs, cbnCra�ts o� itl�mnity, stnd athel' w�[�ings o�ligatory iun
the ualvrc vF a bond, rcoo i ��nrr, or canditi0�t1 Li+nd�[tak�zg, nrid arry af said of�Ficers or the �aard uf Dixe�ars at aay time may remove any such
appaiaat� ancl revole ti�e power give,n $im or Y�er_
YOI�D: T�Lat the �18iana�l, the P���1'tdez�i, amy Vice Chaitms�, auy Ex�cautivo Vicc PresidcnC, any 5caior Vice Pre�id�t Gr tuty Vice Prc9i.dent
��p de�e�,a�e ail or any parE afthe foregoing authoriCy i� onc ar mbre officers or emplayees oFthi9 Comp�a'iy, pi'ovided thai e�Gb such delegatian is
� w�itimg �ttd a capy thereaf is filed in th,c o,�ztk of`the 3eerCtFu'y.
VOi�17: That any bond, recagtiia,ance, canlrace of indcmniry, o�r wricing obligatory in the nat�e af a bond, �eco�a�.a�lce, ar candiliansl
v�ider#�kix�g s%s11 be valid and hzncling ttpon thc Comp�y whan (Q) signe� by the Pr�esirleat, any �ice C�.a�lx�an, any Execulive Vice President, any
Seni�r Vice President or any Vice Presideni, Any Secand Vice Yresiden� tlie 'Z`reasurer, any A.ssistan# Trea.su¢e,r, the Ccuparatc 5r„�retary or az�.y
Ass�istarlt S�xet�xy �nd +�uly attested a�.d seflaed with �ie Cnmpany's scal by a. SCCECfBIy 6i /a5$SSI�SIlI� SCOtCI&ij�, or {b) duJ.y e3cecuted (t�der &��, s�
requirad.} hy ane or mare Atforneys-isi Fact and Agcanls g��=�t to 1lte pOw�r pr�sc�iber�, in his ar h�' ��iiicare or iheir certificates af authezity nr
by onc ar marc Camp�n.y oiticers pursuasit ta a written dele.�atian af authority.
This Fc►wex o£ P�#�or�ney �� Certifi��te of Auth�rii� i� si�cd �d sc�]Cel by fa�simile (�ne���nieal o� p�int�dj u�der and by
��uriiy af thc followxeg �tandiag I�esoI�ian vcrted hy the $o�rds ot' Di reeto+rs of TRAV'�T��RS CAS�QA.�TY AND SIIR�T�C
�QMPANY t�R AI�IEACCA, T.�i'�Y�S CA�SXTALTY ANU �i1R�TX CO1kQ'AliiX a�d FARN�Il�[GTbN CA517AT1T'Y
COMP�IY, �hicla Rnso�utio�n �a nmv in fi+11 farc� and effce�:
VOTED: That ihc sigr�iurc of c�ich of the followzn,g oi�'ic�rs: PreS�det�t, at�y Fxecut�va V�ice President, any Senioz Vi�ce Presidcul., any �c;e
Presi�em; a�yAssist,�iat Vic.� Preside�t, �np Secr�ry, a�,y Ass�st�t Secratary, and the seal of the Company may be a�xEd by f$c�irn.ile to a�+
ro�r•df'attarxiey 8r• _tp anp certificate ralatix►g thereeo appninting Residc;nt V�ce Presidcnl�, Rc:sirlene Assisc�nt 5ecreta.riea or AtEomeys-irr� I�t�t for
_�?uLPaso3 "ni�1y'or cxc�'u.'Cuig and a[te�t.in� bnnds an(1 �in,derf�ngs Rnd o�ItCt wtitin�s obligatOxy ist t�e �z� thec�f, ��.d a�y s�l� pawer nf attorney
��or cCrCi�icnte hettring'�s�ich f+��imile si��'e 4r �'acsimile seal sLiall be valid srtd bindixtg u�cr,p. the Company and sny such powcr �o cxcanted �
='c�,r� �k� faosimi�� si�nattuc and �'aasimi],e sesl yhaii bc 'v�tlid �nd biading upou► r11e Cotapa�ny in the fnture with respact to any bond ar
= ::E�ud�rta]�in�Sa'ru�yichxt�s atrt�c�►ed.
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OESCF�IPTION OF 0��€fA"fJpNS1L0EATIdI�SNEHICl.ESlSP�CIAL [TEM3 �Rc� naw lVtaj Med. Rrs. Supply 5tor,Facility at 29�D Bolt S� F�.'N.
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DA7E REFERENC� �iUMB�R LOG NAME PAGE
812fl102 _ **�d�g�g� 2aSTORAGE 1 of2
SUBJECT AWARD OF CQNTRACT TO ,RAI�IT�H BU�LDING SYSTEMS FOR THE DE51GN AND
CONSTRUCTION OF THE METROPOLITAN MEDICAL RESPONSE SYSTEM FACILITY
RE�OMMENDATION:
It is recommended that the City Council approve the award of contract to RamTech Buildirt� Systems
far the design and constrt�c#ion af the Meiropolitan Medical R�sp�nse System (MMRS) facility in the
amount of $153,384, for the storage of inedical supplies for response to emergency situatians, wit� a
constructian duration af 120 calendar days.
DESCUSSiON:
On June 29, � 999 (M&C C-17�09}, the City Council approved an MMRS grant to acq�aire equipment
and special pharmaceuticals to �e used in respanse ta the health and medica[ cons�quences of
terrarist incidents. Incl�aded in the grant were funds to construct a climate contro[led storage faciliiy far
MMRS equipmen�.
On January 3, 2002 (M&C G-13480), the City Council authorized the City Manager to determine which
construct�an contraeting method provides �he best value to the City alEawable by Sena#e Bill 51fl
(Chapter 271, 5ubchapier H). The City Manager approved design-build contracting as the best valu�
selection far this praj�ct.
This project consists of the design and constructian nf a climate-controlled, 1,760 sq�are foot pra-
eng9neered me#al building ta be lacated at the Balt Stree# Maintenance Facility.
As describ�d in InformaC Report No, 8400 dated April 1�, 2002, a iwfl-phase panel selec#ion process
resulted in the selec#ion of RamTech Building Systems as the top-rated con�ractor for this project. The
selection criteria included past pertormanc�, technical competence, MIW�E parkicipatian, proj�ct
managem�nt pla�, proposed facility features, and proposed budget.
Negotiations resulted in an agreed u�on design-build cast oi $153,384. The projecied total cost of this
proj�ct is as described below:
Contractor's Cost:
Design and construct warehouse
Gitv's Cost:
Electrical feed from utiiity to buiiding
�ire hydrant at Balt Street
Geotechnical investigation and testing
Construction management
Construction Caniinaencv:
$153,384
$ 3,�a0
$ 6,QQ0
$ 6,Od0
$ 3,1Q0
� 3.500
Tota! Cosfi �174,984
� C`ity o, f�'ori T�orth9 T'exas
Ma�or ��d �our���l Con�n�uni��-t�o�
DATE R�FEREI�CE NUMBER L�G NAME PAGE
g�2a�02 **��� 9199 205T�RAGE 2 of 2
SUBJECT AWARD OF CONTRACT TO RAMTECH BUILDfNG SYST M5 FOR THE DESIGN AND
CONSTRUCTiON OF THE METROPOLITAN MEDICAL RESPONSE SYSTEM FACILITY
MIWBE - RamTech Building Systems is in compliance witF� the City's M/WBE Ordinance by commifitin�
to 19°fo MIVIIBE participation.
This project is focated in COUNCIL DISTRICT 9.
FISCAL INF'ORMATIONICERTfFICATI�N;
The Finance D'[rector cerkifies that funds are available in the current capita[ budget, as a}�propria#ed, of
the Special Trust Fund.
MO:n
Subtnitteti far City Manager's
Office by:
Marc Ott 847G
Originat�ng Department Head:
G. BehmanesE� (Acting)
Additionai Informatian Cantact:
7801
G. Behmanesh (Acting} 780 E
FUND I ACCOUNT I CEI�[TER I AM�UIVT
(to)
(from)
1)FE72 541200 036536�010�D
F'E72 Various 036536001000
CITY SECRETARY
I
1
_. .�
�
I APpROVED 08/Z0/02
�
$153,38�4.Q0 �
$ 29 ,60Q.00 �
�
i