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HomeMy WebLinkAboutContract 60977CSC No. 60977 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 71" day of February, 2024 for Fire Station 16, 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 11t" 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 Batson -Cook Company. 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 City of Fort Worth Fire Station #16 Lots 14A-14E, Block 167 Fort Worth, Texas 76107 PMD2023-14 City Project #104185 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 $25,000.00 unless the Owner and the Contractor mutually agree upon a fee amount for additional services and amend this Agreement accordingly. CMAR Pre -Construction Services Contract OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The agreed upon estimated construction budget amount shall be not to exceed $6,550,000.00 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 reauired once the Guaranteed Maximum Price is aareed 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: CMAR Pre -Construction Services Contract 2 This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: $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. 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. CMAR Pre -Construction Services Contract 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. 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. 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. PAYMENT AND PERFORMANCE BONDS If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Price (GMP) is agreed upon, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (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 CMAR Pre -Construction Services Contract 4 documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Bovcott 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 Bovcottina Enerav 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 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 duly authorized officers. Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Dana &a_ah6A( By. Dana Burghdoff(Feb )1�, 2024183A CST) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Feb 20, 2024 Approval Recommended: By: Name: Marilyn Marvin Title: Interim Director, Property Management Dept. Attest: a9 nq� p O! PORT �Y�O g dVo o=o p�0 f ° � a % O�n� QEXA5aay By: Name: Jannette Goodall Title: City Secretary CONTRACTOR: Batson -Cook Company mwm� L'-)M4 t1' By. Neha Duga( (Feb 7, -K024 14:56 CST) Name: Neha Dugal Title: Sr. Vice President & GM Date: Feb 7, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4;N2 Name: Nikita Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: OWE — By: Mack (Feb 20, 262418:01 CST) Name: Doug Black Title: Sr. Assistant City Attorney Contract Authorization: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CMAR Pre -Construction Services Contract 6 BATSON-COOK CONSTRUCTION February 7, 2024 Mr. Juan Serrano City of Fort Worth 401 West 131" Street Fort Worth, Texas 76102 Re: Pre -Construction Services Fire Station 16 CMAR Mr. Serrano, We greatly appreciated the opportunity to be considered as a partner on your upcoming project. Our entire team is extremely excited about the potential to partner with the City of Fort Worth. In accordance with the proposal form for the above -referenced project, Batson -Cook Construction will perform all Pre -Construction Services, including Constructability Reviews, Value Engineering Recommendations, and Estimating Service Fees to review the various phases of the design process for twenty five thousand dollars and no cents ($25,000.00). Once the construction documents are completed, Batson -Cook will provide a Guaranteed Maximum Price (GMP) for consideration. Batson -Cook will invoice for the lump sum amount above at completion and submission of the GMP. Please let me know if you have any questions or concerns or need any additional information. I can be reached at any time on my mobile at 617-593-5755. Sincerely, Neha Dugal Senior Vice President & General Manager ATLANTA CHARLOTTE DALLAS JACKSONVILLE ORLANDO TAMPA WEST POINT, GA DALLAS 1431 Greenway Drive Suite 740 Irving, TX 75038 Office ................972.550.3417