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HomeMy WebLinkAboutContract 60352-A2CSC No. 60352 -A CONSTRUCTION PHASE OF DESIGN -BUILD AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER ON OPEN BOOK PRICE BASIS This Agreement is made effective as of the date signed by the Assistant City Manager below between the Design -Builder: FPI Builders, LLC 2116 Wenneca Avenue Fort Worth, Texas 76102 and the Owner: CITY OF FORT WORTH 100 Fort Worth Trail Fort Worth, TX 76102 For the services in connection with the following Project: Construction of the City of Fort Worth Police Department's NORTHWEST PATROL DIVISION FACILITY. WHEREAS, Design Phase services for this project are provided through a professional services agreement (City Secretary No. 60352), as amended; and WHEREAS, the Design Phase is substantially complete; and WHEREAS, the Design -Builder is in the process of establishing the final Guaranteed Maximum Price as part of Design Phase services; and WHEREAS, the Parties desire to enter into this Construction Phase contract to facilitate construction of the project; ACCORDINGLY, the Parties, in consideration of the above recitals and the terms and conditions contained herein, do hereby enter into this Construction Phase Agreement ("Agreement"). ARTICLE 1 - GENERAL PROVISIONS 1.1 Mutual Obligations. Design -Builder and Owner agree to fully cooperate with each other in providing to each other information available, and in facilitating the design and Construction Work within the scope of this Agreement. Design -Builder agrees to provide the architectural and engineering services as set forth below, and to furnish construction and administration of the Construction Work. 1.2 Extent of Agreement. This agreement is solely and exclusively for the benefit of the Owner and the Design -Builder and not for the benefit of any third party. The 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 Agreement. The Parties agree that this Agreement represents the entire and integrated Agreement between the Owner and the Design -Builder, and supersedes all prior negotiations, representations or agreements, either written or oral. OFFICIAL RECORD Construction Phase Contract CITY SECRETARY Page 1 of 31 CFW PD — Northwest Patrol Division — Design/Build FT. WORTH, TX 1.3 Architect/Engineer. Licensed, independent design professionals retained by the Design - Builder in conformance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder shall provide architectural and engineering services required for the project. The person or entity providing architectural and engineering services shall be referred to as the Architect/Engineer. 1.4 Definitions. 1.4.1 The term "Agreement" shall mean this executed Standard Form of Design -Build Agreement between the Owner and the Design -Builder on Open Book Price Basis. 1.4.2 The term "Contract Documents" shall mean (i) this Agreement; (ii) written change orders and amendments to this Agreement, including exhibits and appendices signed by both the Owner and the Design -Builder; (iii) the Design Criteria Documents as defined in paragraph 1.4.13; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.1; (v) the Schematic Design Documents as defined in paragraph 1.4.19 and (vi) the GMP Proposal as defined in paragraph 5.2.1. 1.4.3 The term "Contract Time" shall mean the number of calendar days stated in the GMP Proposal (as provided in paragraph 5.2.1) during which the Design -Builder has agreed to achieve Substantial Completion of the Construction Work. 1.4.4 "Price Proposal" shall mean the cost of the design and construction proposed at the time of execution of this contract. 1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1 1.4.6 "Guaranteed Maximum Price" (GMP) shall be the total cost of the project set at the time the construction is authorized. The Design -Builder shall provide Payment, Performance Bonds and Builders Risk Insurance in this amount, except that the penal limits of the Bonds shall be reduced by cost of the design services (see paragraph 8.6.1 and Section 2269.311(a) of Texas Government Code). The Owner shall not be obligated to any costs in excess of the GMP. 1.4.7 "Conceptual Budget Update" shall mean the budget submitted by the Design - Builder for the estimated cost to construct the project as of the date of the budget submission. 1.4.8 The term "Construction Documents" shall mean the drawings, specifications and other documents prepared by the Architect/Engineer and approved by the Owner for the construction of the Project. 1.4.9 The term "Construction Work" shall mean all of Design -Builder's construction services required by the Contract Documents, as defined in paragraph 1.4.2. 1.4.10 The term "Date of Commencement" shall have the meaning defined in paragraph 5.2.3, or 5.2.4.1, as applicable. The Owner will promptly proceed to obtain all easements, zoning changes, approvals, and other legal requirements to allow construction to proceed without delay. 1.4.11 The term "day" or "days" shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.4.12 The term "Defective Work" shall mean any portion of the Construction Work not in conformance with the Construction Documents. 1.4.13 The term "Design Criteria Documents" shall mean the documents provided by the Owner to the Design -Builder that provide sufficient basic programming information to permit Construction Phase Contract Page 2 of 31 CFW PD — Northwest Patrol Division — Design/Build the Design -Builder to prepare a response to the Owner's request for proposal ("RFP"). The Design Criteria Documents must specify functional design and construction criteria the Owner considers necessary and salient to describe the Project. The Design Criteria Documents may include, as appropriate, basic interior space requirements, special material requirements, material quality standards, conceptual criteria for this Project, special equipment requirements, cost or budget estimates, time schedules, quality assurance and quality control requirements, site development requirements, applicable codes and ordinances, provisions for utilities, parking requirements, or any other requirements determined by the Owner to establish the salient characteristics of the proposed project. 1.4.14 The term "Design Consultants" shall mean the engineering or architectural firm(s) employed by the Design -Builder to perform design or consulting work for the Project site, and the building improvements. Such Design Consultants services may include civil engineering for utilities, storm drainage, and pavement; geotechnical engineering; landscape architecture; environmental engineering or consulting; and surveying and construction staking for site work. Design Consultants for the building design may include electrical, structural, mechanical, plumbing, architectural, ADA/TSA and other specialty design areas. 1.4.15 The term "Differing Site Conditions" shall mean concealed or latent physical conditions, or subsurface conditions at the Project site that (i) materially differ from the conditions indicated in the Construction Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in construction work. 1.4.16 The term "Hazardous Material(s)" shall mean any materials, waste, substances, and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws, codes, ordinances, rules, regulations, orders and decrees of any Owner having jurisdiction over the Project or the Project site. 1.4.17 The term "Other Contractors" shall mean any other independent contractor, agent or representative employed by the Owner at the Project site who is not employed by the Design -Builder, or its subcontractors. 1.4.18 The term "Project" is the building, facility, or other improvements at the location provided by the Owner, which the Design -Builder has agreed to complete pursuant to the requirements of the Construction Documents, as defined in paragraph 1.4.8. 1.4.19 The term "Schematic Design Documents" shall mean the drawings, outline specifications, and/or other conceptual documents illustrating the Project's elements, scale, and features, which documents address the requirements of the Owner's Design Criteria Documents submitted by the Owner to the Design -Builder. The Schematic Design Documents shall be the documents prepared and submitted to the Owner with each Conceptual Budget Update as referenced in the following paragraph 5.2. 1.4.20 The term "Subcontractor(s)" shall mean any party or entity retained by the Design -Builder as an independent contractor to provide any of the labor, materials, equipment, and/or services necessary to complete a specific portion of the Construction Work under this Agreement. The term Subcontractor does not include an architect, engineer, other design consultants, if any, or any Other Contractors retained by the Owner. 1.4.21 The term "Substantial Completion" shall be the date on which the Construction Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner can beneficially occupy or use the Project, or portion thereof, for its intended purposes. The issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond the Design -Builder's control. The Design -Builder and the Owner agree to sign a certificate of Substantial Completion confirming Construction Phase Contract Page 3 of 31 CFW PD — Northwest Patrol Division — Design/Build the date of Substantial Completion. 1.4.22 The term "Work Product" shall mean all drawings, specifications, and other design documents, including those in electronic format prepared by or procured by the Design - Builder in performance of this Agreement. 1.4.23 The term "Open Book Price" shall refer to (i) the price of subcontracts and purchases; (ii) the site expenses for general conditions, superintendence, and professional services directly supporting the construction effort; (iii) price of insurance and bonds required by this Agreement; plus (iv) agreed overhead and profit. ARTICLE 2 - DESIGN -BUILDER'S SERVICES AND RESPONSIBILITIES 4 2.1 Schematic Design. The Design -Builder has prepared a schematic design sufficient in detail and scope and all major features of the project, along with a project schedule, and Budget have been provided and approved by the Owner. 2.2 Final Design. Pursuant to a mutually agreeable schedule, the Design -Builder shall submit for the Owner's approval Construction Documents that meet the requirements of the Schematic Design Documents, and any change orders executed by both the Owner and the Design -Builder after the date of this Agreement and prior to the submission of the Construction Documents to the Owner. Substantial Completion for design is met once these documents are submitted for permitting. 2.3 Construction Documents. The Construction Documents shall set forth the requirements for the Construction Work, and shall be based upon codes, laws or regulations effective on the date of this Agreement. If any codes, laws, or regulations are changed or are enacted after the date of this Agreement affecting the performance of the Construction Work, the GMP and the Contract Time shall be equitably adjusted to compensate the Design- Builder for the changes. When the Design -Builder submits the Construction Documents to the Owner, the Design -Builder shall identify in writing all material changes and deviations from the requirements of the Schematic Design Documents. Material changes, if any, between the Construction Documents and the Schematic Design Documents necessitated by changes in codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2 equitably adjusting the GMP and/or the Contract Time. Three (3) sets of the Construction Documents shall be furnished to the Owner prior to the date of commencement of construction. Construction shall not start without a "Notice to Proceed". The Notice to Proceed shall not be issued without bonds in place. 2.4 Construction Services. 2.4.1 The Design -Builder agrees to timely complete the design and commence construction to substantially complete the construction within the Contract Time. The Design - Builder and its Subcontractors shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete construction required by the Construction Documents. 2.4.2 The Design -Builder shall perform all Construction Work in accordance with the requirements of the Construction Documents. Design -Builder shall at all times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. The Design -Builder shall be responsible for the proper performance of the work, including all work performed by its Subcontractors, and any acts and omissions in connection with such Construction Phase Contract Page 4 of 31 CFW PD — Northwest Patrol Division — Design/Build performance. 2.4.3 The Design -Builder shall keep the Project site reasonably free from debris, trash, and construction wastes to permit Design -Builder to perform the Construction Work efficiently, safely, and without interference in the use of adjacent properties. Upon Substantial Completion of the Project, the Design -Builder shall remove all debris, trash, construction waste, materials, equipment, machinery, and tools arising from the Construction Work, to permit Owner to occupy the Project for its intended use. Upon completion of the Project, Design -Builder shall complete the removal of all debris, trash, construction waste, materials, equipment, machinery, and tools arising from the Construction Work prior to final payment being due. 2.5 Safety of Persons and Pronerty. The Design -Builder shall require each of its Subcontractors to be responsible for the safety of its workmen performing the Construction Work at the Project site, as well as the safety of all persons and property which could be injured during the prosecution of any subcontract work. The provisions of this Agreement shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of subcontract work, nor for compliance with the applicable laws and regulations. The Design - Builder shall be responsible for the safety of all employees and workmen directly employed by the Design -Builder at the Project site. 2.5.1 Safety Representative. The Design -Builder shall designate an individual at the Project site in the employment of the Design -Builder who shall act as the Design -Builder's designated safety representative. Unless otherwise identified by the Design -Builder in writing to the Owner, the designated safety representative shall be the Design -Builder's project superintendent. The Design -Builder will promptly report to the Owner in writing all accidents and injuries occurring at the Project site. When the Design -Builder is required to file an accident report with a public authority, the Design -Builder shall furnish a copy of the report to the Owner. The Design -Builder and its Subcontractors shall comply with all legal requirements relating to the safety, as well as any of Owner's specific safety requirements if specified in the Contract Documents. 2.5.2 Reproduction. Use and Ownership of Work Product. All designs, drawings, specifications, documents, and other work products of the Design -Builder whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner of any such instruments of service without the written permission of the Design -Builder will be at the Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. 2.5.3 Standard of Care. Qualified, licensed design professionals employed by the Design -Builder or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. This Agreement does not establish or create any legal or contractual obligations between the Owner and the design professionals employed by the Design -Builder, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement. The design professionals shall be selected based upon demonstrated competence and qualifications in accord with Section 2254.004, Texas Government Code. 2.5.4 Hazardous Materials. The Design -Builder shall not be obligated to commence or continue the Construction Work until all known or suspected Hazardous Material discovered at Construction Phase Contract Page 5 of 31 CFW PD — Northwest Patrol Division — Design/Build the Project site not introduced onto the Project site by the Design -Builder have been removed or rendered harmless by the Owner, as certified by an independent testing laboratory and approved by the appropriate government agency. The Design -Builder and its Subcontractors shall not knowingly enter upon any portion of the Construction Work containing Hazardous Material. If after the commencement of the Construction Work known or suspected Hazardous Materials are discovered at the Project, the Design -Builder shall be entitled to immediately stop Construction Work in the affected area, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design - Builder shall report the condition to the Owner, and, if required, the governmental agency having jurisdiction. If the Design -Builder incurs additional cost and/or is delayed due to the presence or remediation of Hazardous Material, the Design -Builder shall be entitled to an equitable adjustment in the GMP and/or the Contract Time, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall not be required to perform any Construction Work related to or in the area of Hazardous Material not introduced into the Project site by it unless a written agreement is entered into between the Design -Builder and the Owner to provide for extra cost, if any, extra time, if any, and additional risk incurred by the Design -Builder. 2.5.4.1 If potentially hazardous materials are discovered at the Project site that were not introduced by the Design -Builder, the Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the material encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action, otherwise the Design - Builder shall be responsible for such testing. Such measures shall be the sole responsibility of the Owner and shall be performed in a manner minimizing any adverse effect upon the Construction Work of the Design -Builder, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall resume the Construction Work in the area affected by any Hazardous Material only after written agreement between the Owner and the Design - Builder has been executed, after the Hazardous Material has been removed or rendered harmless, and after approval of the governmental agency or agencies with jurisdiction, if required. 2.5.4.2 If hazardous materials are encountered as a result of the Owner's failure to identify or remove hazardous materials existing at the Project site prior to the commencement of construction, the Owner agrees to (1) release the Design -Builder, its Subcontractors, and their officers, directors and employees from any and all claims, damages, losses, or expenses incurred by the Owner arising out of or related to the performance of the Construction Work in the area affected by the Hazardous Material existing at the Project site prior to commencement of the Project; (2) release the Design -Builder from any indemnification obligations in this Agreement as it relates to Hazardous Materials only; (3) extend the Contract Time by the actual number of days that the Design -Builder is delayed in the completion of the Contract Work arising out of or related to the identification, testing, and abatement of the Hazardous Material existing at the Project site prior to commencement of performance; (4) execute a Change Order increasing the GMP by any costs or losses incurred by Design -Builder which arise out of the testing or abatement of the Hazardous Material existing at the Project site prior to commencement of performance, or relate to the performance of Construction Work in the area affected by the Hazardous Material prior to the Design -Builder's discovery of the Hazardous Material existing at the Project site prior to commencement of performance. 2.5.4.3 During performance of the Construction Work, the Design -Builder shall be responsible for the proper handling of all materials brought to the Project site by the Design - Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the Design -Builder shall continue to be responsible for materials and substances brought to the Project site, if such materials or substances are required by the Construction Documents. 2.5.4.4 If Hazardous Materials are encountered as a result of the Design -Builder or its Construction Phase Contract Page 6 of 31 CFW PD — Northwest Patrol Division — Design/Build Subcontractors' importation of such materials onto the Project site, the Design -Builder shall defend, indemnify and hold harmless the Owner, its officers, directors, and employees from and against any and all claims, damages, losses, costs and expenses, including but not limited to attorney's fees, arising out of or related to the Construction Work in any area affected by Hazardous Materials. This indemnification shall apply without regard to the fault, negligence, breach of warranty or contract, or strict liability of the Owner and shall indemnify the indemnities for their own fault or negligence. 2.6 Design -Builder's Warranty. Design -Builder warrants to Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The Design - Builder also warrants to the Owner that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. Design -Builder's warranty obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction Work by people other than the Design -Builder. The Design -Builder agrees to correct all Defective Work for which the Owner provides notice to the Design -Builder within a period of One Year from the date of Substantial Completion. The Design -Builder shall collect written warranties as defined in the contract documents from manufacturers, as well as all equipment manuals, and deliver them to the Owner for the Owner's use. To the extent that products, equipment, systems or materials incorporated into the Construction Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the Owner's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. Prior to the expiration of the one-year warranty there will be a walk through attended by the Owner, Architect, and Design -Builder to identify any items that need to be addressed. These items will be agreed upon by all parties and the Design -Builder will complete the work within 30 days. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 Cooperation with Design -Builder. 3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Construction Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable assistance to the Design -Builder in obtaining the permits, approvals, and licenses that are the responsibility of the Design -Builder. 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions, Schematic Design Documents, and Construction Documents consistent with Owner's normal business practices and within the negotiated times set forth in Design -Builder's schedule. 3.2 Information and Services Provided by Owner. 3.2.1 The Owner shall provide full information in a timely manner regarding requirements for the Project including all information contained in the Design Criteria Documents. 3.2.2 Owner will assist with securing and executing all necessary easements and agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. 3.3 Annroval of Construction Documents. At the time of the Owner's approval of the final Conceptual Budget Update, as provided in paragraph 5.2, the Owner shall review, modify as required, and approve the Construction Documents provided to the Owner by the Design -Builder. Construction Phase Contract Page 7 of 31 CFW PD — Northwest Patrol Division — Design/Build Upon the Owner's approval, the Construction Documents shall be part of the Contract Documents and shall constitute the scope of the design and construction services to be performed by Design - Builder. 3.4 Owner' 3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate with Design -Builder to assure that the Construction Work is timely and efficiently performed without delay or interference to the services provided by Design -Builder. The Owner shall assign Nikita Watts as the Owner representative who shall be fully acquainted with the Project and who shall have authority to bind the Owner in all matters requiring the Owner's approval, authorization, or written notice. If the Owner changes its representative or the representative's authority as listed above, the Owner shall notify the Design -Builder in writing, in advance of such change. 3.4.2 Owner is responsible for all work performed on the Project or at the location of the Project by other contractors under separate contracts with the Owner. Owner shall contractually require its separate contractors to cooperate with and coordinate their activities with Design - Builder, so as not to interfere with Design -Builder in performance of this Agreement. 3.4.3 Owner shall contract for, independently of the Design -Builder, the inspection services, the testing of construction materials, and the verification testing services necessary for acceptance of the Project. 3.4.4 Any change order or cumulative change orders in an amount greater than $100,000 requires prior approval of the City Council of the City of Fort Worth. ARTI LE 4 - CONTRACT TIU 4.1 Substantial Completion and Final Com lei. Substantial Completion of the Construction Work shall be achieved after the Date of Commencement, within the Contract Time as specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless causes beyond the Design -Builder's control delay final completion, the Design -Builder shall achieve final completion of the Construction Work, including all punch list work, within sixty (60) days from the date of Substantial Completion. 4.2 Extensions of Time. 4.2.1 If causes beyond the Design -Builder's control extend the time for the commencement or progress of the Construction Work, then the Contract Time shall be extended as appropriate. Such causes shall include but not be limited to: changes ordered in the Construction Work by the Owner, negligent acts or omissions of the Owner or Other Contractors, the Owner's interference in the Design -Builder's performance of Construction Work, the presence of Hazardous Materials at the Project site, the presence of Differing Site Conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes impacting the Project, actions by governmental agencies, and/or unavoidable accidents or circumstances. Causes beyond the control of the Design -Builder do not include negligent acts or omissions on the part of the Design -Builder, Subcontractors, or the Architect/Engineer. 4.2.2 In the event delays to the Project are encountered for any reason, both the Owner and the Design -Builder agree to undertake reasonable efforts to mitigate the effects of such delays. 4.3 Liauidated Damages. The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Construction Phase Contract Page 8 of 31 CFW PD — Northwest Patrol Division — Design/Build Normal damages of lost rent or profit are not applicable in this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits. Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages per Day Over $10,000,000 $980 5.1 Contract Price. Owner shall pay Design -Builder, in accordance with Article 6 hereof, total compensation ("Contract Price") not to exceed the Guaranteed Maximum Price. 5.2.1 Guaranteed Maximum Price Pro op sal ("GMP"). The Design -Builder shall submit a Conceptual Budget Update to the Owner for each preliminary construction phase while developing a final GMP. Each preliminary phase cost, as well as the final GMP, shall be inclusive of the Design -Builder's construction management fee of 4.00%. The City's currently authorized Design -Build Budget is the amount of $16.450.000 9, less Design Phase services costs, and inclusive of a 7.5% Owner's Construction Contingency Allowance. All unspent contingencies belong to the City at the completion of the project. Each Conceptual Budget Update and the GMP Proposal shall include the items in the following paragraphs 5.2.1.3 through 5.2.1.5. 5.2.1.1 The Design -Build Budget shall be reduced by the amount paid for the Design Phase services currently in the amount of $1,431,001. 5.2.1.2 The Construction Documents shall be the basis for the procurement and trade bids. The Construction Documents, in conjunction with the trade bids, shall be the basis for the Guaranteed Maximum Price and Final Schedule. 5.2.1.3 A list of the assumptions and clarifications made by Design -Builder in establishing the GMP, which is intended to supplement the information contained in the Construction Design Documents. 5.2.1.4 The Contract Time upon which the proposed GMP is based; 5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and 5.2.1.6 After the Construction Documents are approved by the Owner and the Design - Builder has received the necessary bids for the Construction Work, the Design -Builder shall submit to the Owner a GMP Proposal which shall include the foregoing items and a time limit for acceptance of the GMP Proposal. 5.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design -Builder and Owner shall meet to discuss and review the approved Construction Documents and the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, the Owner shall promptly Construction Phase Contract Page 9 of 31 CFW PD — Northwest Patrol Division — Design/Build give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 5.2.3 Acceptance of Price Progosal, If Owner accepts the GMP Proposal, the GMP Proposal and all documents submitted with the GMP Proposal shall amend and become a part of this Agreement. The Date of Commencement shall be ten (10) business days after Design - Builder's receipt of Owner's acceptance of the GMP Proposal. Design -Builder will proceed with completion of design and ordering of long lead-time materials required for the Project. 5.2.4 Failure to Accent the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above, except the Date of Commencement shall be the date of Design -Builder's written acceptance of such modifications; or 5.2.4.2 Owner shall terminate this Agreement by payment to Design -Builder of (i) any additional amounts earned under the Standard Agreement for Professional Services as of the date of termination; plus (ii) the amounts earned under this Agreement as of the date of termination (including withheld retainage), less prior payments under this Agreement; plus (iii) all proven losses, costs, or expenses incurred in connection with demobilization and termination of the Construction Work, such payment being the total compensation Design -Builder will be entitled to for any and all work performed prior to the date of such termination. 5.3 Adjustments to Price The GMP Price shall be equitably adjusted to provide for changes in the scope of the Construction Work, including: 5.3.1 Delays encountered in performing the work caused by or resulting from acts or omissions of the Owner, the Owner's representatives, or any Other Contractors; 5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof; 5.3.3 Additional work and/or delays caused by or resulting from the presence of Hazardous Materials on the Project site other than materials brought onto the site by Design - Builder; 5.3.4 The Owner's suspension of the work under this Agreement; or 5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the Design -Builder is entitled to a price adjustment under this Agreement. ARTICLE 6 - PAYMENT 6.1 Schedule of Values. 6.1.1 Prior to submitting the first application for payment during the Construction Work, the Design -Builder shall provide to the Owner a schedule of values consisting of a breakdown of the Open Book Price with separate line items for the major elements of the Construction Work included in the GMP. Construction Phase Contract Page 10 of 31 CFW PD — Northwest Patrol Division — Design/Build 6.1.2 If the Owner disagrees with the values utilized by the Design -Builder in the schedule of values, the Owner shall provide the Design -Builder a written objection to the schedule of values within seven (7) days after the Owner's receipt of the schedule of values, specifically stating the items with which the Owner objects, the basis for such objection, and the adjustment in the schedule of values which would be satisfactory to the Owner. In the event of objection by the Owner, the Design -Builder and the Owner shall negotiate in good faith to resolve any such objection before commencement of the Construction Work. The Design -Builder shall not be required to commence the Construction Work until all such objections are resolved. If any such delays in the commencement of the Construction Work are encountered, the Design -Builder shall be entitled to an adjustment of the Contract Time. 6.2 Monthly Progress Pavments. 6.2.1 On the first day of each month after commencement of the Construction Work, the Design -Builder shall submit to the Owner an application for payment based on the percentage of work completed for each item on the schedule of values, and the materials suitably stored at the Project site (or at other locations approved in writing by the Owner). Approval of payment applications for such stored materials shall be conditioned upon submission by the Design -Builder of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials. 6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for payment, the Owner shall give written notice to the Design -Builder of the Owner's acceptance, rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of an application for payment shall only be based on a justification stated in paragraph 6.2.3. Within fifteen (15) days after receipt of 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 previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide with the written notice of rejection or adjustment, a statement of the specific portion of the items in the schedule of values rejected or adjusted and the Owner's basis for such rejection or adjustment. If the Owner and Design -Builder cannot agree on a revised amount, the Owner shall pay directly to the Design -Builder the amount of those items not rejected and the uncontested amount of items adjusted, less amounts previously paid by the Owner. The items rejected or adjusted by the Owner shall be due and payable when the reasons for the Owner's rejection or adjustment have been removed or cured. 6.2.3 Justification for Owner's Adiustment. For the following reasons, the Owner may reject or adjust an application for payment submitted by the Design -Builder to the extent necessary to protect the Owner from loss or damage for which Design -Builder is responsible under this Agreement: 6.2.3.1 The Design -Builder repeatedly fails to perform the Construction Work as required by the Construction Documents; 6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and caused by the Design -Builder, but only to the extent that such loss or 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 Owner receives notice that the Design -Builder has failed to pay Design Consultants, Subcontractors, or other persons supplying materials, equipment or supplies incorporated into the Construction Work, when the Owner has paid the Design -Builder for such Construction Work; Construction Phase Contract Page 11 of 31 CFW PD — Northwest Patrol Division — Design/Build 6.2.3.4 The Design -Builder fails to correct Defective Work in a timely manner as provided in this Agreement; or 6.2.3.5 If the unpaid balance of the GMP is insufficient to pay for the cost to complete the Construction Work required under this Agreement. 6.2.3.5 When the above basis for rejecting or adjusting an application for payment has been removed, the Owner will make payment within thirty (30) days to the Design -Builder for the amounts previously withheld. 6.2.4 Retainage Before Substantial Com lep tion. From each progress payment made prior to the time of Substantial Completion of the Construction Work, the Owner may retain five percent (5%) of the amount otherwise due under this Agreement. 6.2.5 Retainage After Substantial Com lep tion. Upon Substantial Completion of the Construction Work, the Owner shall pay the Design -Builder the unpaid balance of the GMP, less a sum equal to 150% of the Owner's estimated cost of completing any unfinished items, as agreed to between the Owner and the Design -Builder. The Owner thereafter shall pay the Design -Builder monthly the amount retained for unfinished items as each item iscompleted. 6.2.6 Qfpmer's Failure to Pay. If the Owner fails to pay the Design -Builder at the time payment of any amount becomes due, and such amount remains unpaid for a period of thirty (30) days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the Design -Builder of the Design -Builder's intention to cease work on the Project, the Design -Builder may stop all work on the Project until full payment of the amount owing has been received by the Design -Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination from the Design -Builder, the Design -Builder may terminate this Agreement. Payments due but unpaid pursuant to this Agreement shall bear interest at the rate set forth for past due construction payments in Chapter 2251 of the Texas Government Code. 6.2.7 Warranty of Clear Title, The Design -Builder warrants and guarantees that title to all work, materials, and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the Owner upon receipt by Design -Builder of payment for the application for payment, free and clear of all liens, claims, security interests, or encumbrances. The Owner's payment of an application for payment, whether in whole or in part, shall not be deemed acceptance of any Construction Work not conforming to the requirements of the Construction Documents, it being the duty and responsibility of the Design -Builder to perform the Construction Work in accordance with the requirements of the Construction Documents. 6.3 Final Payment, 6.3.1 Upon completion of all work under this Agreement, including punch list work, Design -Builder shall submit an invoice to Owner for the final Contract Price, less progress payments previously received (the "Final Invoice"). 6.3.2 Owner shall have 30 days to review and audit Design -Builder's Final Invoice. If the Owner disagrees with the Design -Builder's Final Invoice, notice thereof shall be provided to Design -Builder not later than 35 days following Design -Builder's submission of its Final Invoice. Such notice of disagreement must 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 Invoice, payment shall nevertheless be made for the undisputed balance, if any, due Design -Builder. Such payment of the undisputed balance is due not later than 45 days following Design -Builder's submission of the Final Invoice. With respect to the disputed amount of Design -Builder's Final Invoice, the parties shall meet within Construction Phase Contract Page 12 of 31 CFW PD — Northwest Patrol Division — Design/Build the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by agreement. If that process is unsuccessful, the Owner and Design Builder shall submit the dispute to non -binding mediation, and if such mediation is unsuccessful in resolving the dispute, either Owner or Design -Builder may bring suit in a court of competent jurisdiction located in Tarrant County, Texas. 6.3.4 In the event the final total Contract Price payable under this Agreement is less than the sum of progress payments previously received, Design -Builder shall refund the amount of such excess progress payments received to Owner within 10 days following the final determination of the final total Contract Price. Any refund not so made shall bear interest at the rate of ten percent (10%) per annum. 6.3.5 Owner shall pay Design -Builder interest at the rate set forth for past due construction payments in Chapter 2251 of the Texas Government Code on any amounts not timely 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 original due date of the disputed payment. ARTICLE 7 - CHANGES IN THE WORK 7.1 Changes in the Work. Changes in the Construction Work which are within the general scope of this Agreement may be accomplished without invaliding the Agreement by Change Order as provided in paragraph 7.2, a Work Change Directive as provided in paragraph 7.3, or a Minor Change in the Work as provided in paragraph 7.4. 7.2 Change Orders. The Owner may order changes in the Construction Work within the general scope of the Construction Documents by a Change Order. All such changes in the Construction Work shall be authorized by the Owner pursuant to a written change order executed by the Owner and the Design -Builder, and shall be performed under applicable conditions of the Contract Documents. Each adjustment in the GMP and/or Contract Time resulting from a Change Order shall clearly separate the amount attributable to design services. The Owner and the Design -Builder shall negotiate in good faith an equitable adjustment to the GMP and the Contract Time and shall conclude these negotiations as expeditiously as possible. Neither the Design - Builder nor the Owner shall unreasonably withhold acceptance of the Change Order, any adjustment in the GMP, and/or Contract Time. 7.3 Work Change Directive. In the event the Owner and the Design -Builder cannot agree on an equitable adjustment to the GMP or the Contract Time, the Owner may issue a Work Change Directive, directing a change in the Construction Work if the changed work 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 Directive. The Design -Builder shall also record all extra time required for the completion of the work required by the Work Change Directive. The GMP will be increased by the amount of such additional costs plus fifteen percent (15%) of such costs for Design -Builder's overhead and profit. The Design -Builder will also be entitled to an extension of the Contract Time that corresponds with the additional time required to complete the work under the Work Change Directive. If the Owner and Design -Builder subsequently agree to the adjustments in the GMP and the Contract Time for work under the Work Change Directive, such agreement shall be documented by completion of a Change Order. 7.4 Minor Changes in the Work. Design -Builder, with the written approval of the Owner, may make minor changes in the design and construction of the Project consistent with the intent of the Contract Documents, which do not involve an adjustment of the Contract Price and/or the Contract Time, and which do not materially or adversely affect the design of the Project, the quality of any of the materials or equipment specified in the Construction Documents, the Construction Phase Contract Page 13 of 31 CFW PD — Northwest Patrol Division — Design/Build performance of any equipment or systems specified in the Construction Documents, or the quality of workmanship required by the Construction Documents. 7.5 Differing Site Conditions, If Design -Builder encounters a Differing Site Condition that is manmade, Design -Builder will be entitled to an adjustment in the GMP, and/or the Contract Time, to the extent that the Differing Site Condition adversely impacts design -Builder's costs and/or time of performance. Upon encountering a manmade Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than five (5) business days after the impact of such manmade Differing Site Condition has been determined by Design -Builder. Design -Builder shall, to the extent reasonably possible, provide such notice in a manner to allow the Owner to mitigate any costs or extra expenses arising out of the manmade Differing Site Condition. Design -Builder waives any claim for additional time and/or compensation for failure to provide written notice as required herein. Design -Builder shall not be entitled to any additional compensation for a naturally occurring Differing Site Condition, but shall be entitled to and adjustment in Contract Time. 8.1 Indemnity, DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER. DESIGN - BUILDER DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR PERSONAL INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. DESIGN -BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE; PROVIDED, HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE THE DESIGN PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER OWNER FOR THE OWNER'S SOLE NEGLIGENCE. Design -Builder's Liability Insurance. The Design -Builder shall obtain and maintain insurance coverage for the following claims which may arise out of the performance of this Agreement, whether resulting from the Design -Builder's operations or from the operations ofany Subcontractors, their employees, or by an individual or entity for whose acts they are liable: 8.1.1 Claims under Workers' Compensation statutes or other disability benefits statutes Construction Phase Contract Page 14 of 31 CFW PD — Northwest Patrol Division — Design/Build applicable to the Construction Work; 8.1.2 Claims under applicable employer's liability statutes or laws for bodily injury, occupational sickness, disease or death claims of the Design -Builder's employees; 8.1.3 Claims for bodily injury, sickness, disease, death or damages to persons not employed by the Design -Builder; 8.1.4 Claims for personal injury disability for damages directly or indirectly related to the person's employment by the Design -Builder; 8.1.5 Claims for damage to or destruction of tangible property; 8.1.6 Claims for bodily injury, death, or property damage resulting from motor vehicle liability for motor vehicles used or operated by the Design -Builder; and 8.1.7 Claims for contractual liability involving the Design -Builder's obligations under the indemnity provided in this Agreement. 8.1.8 Claims for loss of use of Owner's property located at the Project site occurring before Substantial Completion. 8.1.9 Claims for damage to boiler and machinery located at the Project site occurring before Substantial Completion. 8.2.8 The Design -Builder's liability insurance policies shall be written for not less than the following limits of liability: Commercial General Liability Insurance: (a) Each occurrence limit: $1,000,000 (b) General Aggregate: $2,000,000 (c) Products/Completed Operations Aggregate: $2,000,000 (d) Personal and advertising Injury Limit: $2,000,000 Automobile Liability $1,000,000 each accident on a combined single limit basis Or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit Construction Phase Contract Page 15 of 31 CFW PD — Northwest Patrol Division — Design/Build This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 8.2.9 Commercial General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and an excess of umbrella liability policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed until at least thirty (30) days prior written notice has been given to 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. Products and completed operations insurance shall be maintained for a minimum period of one year after the date of Substantial Completion. 8.2 Professional Liability Insurance. The Design -Builder shall obtain or require its Design Consultants to obtain professional liability insurance for claims arising out of the negligent performance of the professional services required under this Agreement. The professional liability insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate, with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period of three (3) years following the date of final completion. 8.3 Builder's Risk Insurance, The Design -Builder shall obtain and maintain All Risk Builder's Risk insurance for the Construction Work required under this Agreement. This insurance shall include as named insureds the Owner and the Design -Builder. This insurance shall include all risk insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary buildings, debris removal, testing, and demolition resulting from enforcement of any applicable legal requirements. 8.4 Additional Insurance Requirements. 8.4.1 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. 8.4.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. 8.4.3 Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 8.4.4 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. 8.4.5 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. 8.4.6 Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. Construction Phase Contract Page 16 of 31 CFW PD — Northwest Patrol Division — Design/Build 8.4.7 Other than worker's compensation insurance, 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. 8.4.8 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. 8.4.9 Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. 8.4.10 Design -Builder'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. 8.4.11 In the course of the project, Design -Builder 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. 8.4.12 Design -Builder's liability shall not be limited to the specified amounts of insurance required herein. 8.4.13 Upon the request of Owner, Design -Builder shall provide complete copies of all insurance policies required by these contract documents. 8.5 Bonds and Other Performance Security, 8.5.1 The Design -Builder shall give the Owner surety in a sum equal to the amount of the GMP, or, if a GMP has not been established, in the amount of the City's Design Build budget, as reduced by cost of the design services. The Design -Builder shall be required to furnish bonds as follows. All bonds furnished hereunder shall meet the requirements of Chapters 2253 and 2269 of the Texas Government Code, as amended. In order for a surety to be acceptable to the Owner, it must meet the requirements of V. A. T. S. Insurance Code, art. 7.19-1. 8.5.2 If the total GMP as reduced by the cost of the design services is in excess of $50,000, a Payment Bond shall be executed in the amount of the contract solely for the protection of all claimants supplying labor and material in the prosecution of the work. 8.5.3 If the total GMP as reduced by the cost of the design services is in excess of $100,000, a Performance Bond shall be executed 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 shall solely be for the protection of the Owner. 8.5.4 No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given to the Design -Builder to that effect and the Design -Builder shall immediately provide a new surety satisfactory to the Owner. 8.6 DESIGN -BUILDER COMPLIANCE WITH WORKER'S COMPENSATION LAW: 8.6.1 Definitions: Construction Phase Contract Page 17 of 31 CFW PD — Northwest Patrol Division — Design/Build 8.6.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 8.6.1.2 Duration of the project includes the time from the beginning of the work on the project until the Design-Builder's/person's work on the project has been completed and accepted by the Owner. 8.6.1.3 Persons providing services on the project ("sub -contractor" in §406.096) includes all persons or entities performing all or part of the services the Design -Builder has undertaken to perform on the project, regardless of whether that person contracted directly with the Design - Builder and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 8.6.2 Design Builder shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design -Builder providing services on the project, for the duration of the project. 8.6.3 Design Builder must provide a certificate of coverage to the Owner prior to being awarded the contract. 8.6.4 If the coverage period shown on the Design -Builder's current certificate of coverage ends during the duration of the project, the Design -Builder must, prior to the end of the coverage period, file a new certificate of coverage with the Owner showing that coverage has been extended. 8.6.5 The Design -Builder shall obtain from each person providing services on aproject, and provide the Owner: 8.6.5.1 A certificate of coverage, prior to that person beginning work on the project, so the Owner will have on file certificates of coverage showing coverage for all persons providing services on the project; and 8.6.5.2 No later than seven days after receipt by the Design -Builder, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 8.6.6 The Design -Builder shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 8.6.7 The Design -Builder shall notify the Owner in writing by certified mail or personal delivery, within ten (10) days after the Design -Builder knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. Construction Phase Contract Page 18 of 31 CFW PD — Northwest Patrol Division — Design/Build 8.6.8 The Design -Builder shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 8.6.9 The Design -Builder shall contractually require each person with whom it contracts to provide services on a project, to: 8.6.9.1 Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 8.6.9.2 Provide to the Design -Builder, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 8.6.9.3 Provide the Design -Builder, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 8.6.10 Obtain from each other person with whom it contracts, and provide to the Design - Builder: 8.6.10.1 Provide a certificate of coverage, prior to the other person beginning work on the project; and 8.6.10.2 A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 8.6.11 Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 8.6.12 Notify the Owner in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 8.6.13 Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8.6.14 By signing this contract or providing or causing to be provided a certificate of coverage, the Design -Builder is representing to the Owner that all employees of the Design - Builder who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Design- Builder to administrative, criminal, civil penalties or other civil actions. 8.6.15 The Design -Builder's failure to comply with any of these provisions is a breach of contract by the Design -Builder which entitles the Owner to declare the contract void if the Design - Builder does not remedy the breach within ten days after receipt of notice of breach from the Construction Phase Contract Page 19 of 31 CFW PD — Northwest Patrol Division — Design/Build Owner. 8.6.16 The Design -Builder shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". N OFT 9.1 Suspension by the Owner for Convenience. Owner may order Design -Builder in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Owner may determine to be appropriate for its convenience without additional compensation to the Design -Builder. To the extent the time for performance of the Construction Work is impacted by such suspension, delay or interruption an equitable adjustment shall be made in the GMP and/or Contract Time. No adjustment shall be made if the Design- Builder is or otherwise would have been solely responsible for the suspension, delay or interruption of the Construction Work, or if another provision of this Agreement is applied to render an equitable adjustment. 9.2 Termination by the Owner for Cause. 9.2.1 If Design -Builder persistently fails to perform any of its obligations under this Agreement and fails within seven days after receipt of written notice from Owner of such failure to commence and continue correction of such failure, then the Owner may undertake to perform such obligations. The costs incurred by the Owner in performing such obligations may be deducted from the GMP. 9.2.2 If Design -Builder fails to cure upon seven (7) days' written notice to Design -Builder and Design -Builder's surety, Owner may, after seven days following receipt by the Design -Builder of an additional written notice, terminate this Agreement for any of the following reasons: 9.2.2.1 If Design -Builder persistently utilizes improper materials and/or inadequately skilled workers; 9.2.2.2 If Owner receives notice that the Design -Builder has not made proper payment to laborers, material suppliers or Sub -contractors, provided that the Owner has fully paid to the Design -Builder in accordance with the terms of this Agreement, the payment sought by such laborers, material suppliers or Sub -contractor; or Construction Phase Contract Page 20 of 31 CFW PD — Northwest Patrol Division — Design/Build 9.2.2.3 If Design -Builder persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; or 9.2.2.4 If Design -Builder is in breach of any other requirement of the Contract Documents. 9.2.3 Owner may terminate this Agreement for cause if Design -Builder files a petition under the Bankruptcy Code, and Design -Builder or the Design -Builder's trustee rejects the Agreement or, if there has been a default, the Design -Builder is unable to give adequate assurance that Design -Builder will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or 9.2.3, upon the request of the Design -Builder, the Owner shall provide a detailed accounting of the obligations or work of the Design -Builder performed by Owner and the cost incurred by the Owner in performing such obligations or work. 9.3 Termination by the Owner Without Catise,. If Owner terminates this Agreement other than as set forth in paragraph 9.2, then Owner shall pay Design -Builder for all work completed as of the termination date (including any withheld retainage), plus all proven losses, costs or expenses incurred in connection with demobilization and termination of the Construction Work. Design -Builder shall not be entitled to any compensation for lost or anticipated profits. 9.4 Termination by the Design -Builder. 9.4.1 Upon seven (7) days' written notice to the Owner, the Design -Builder may terminate this Agreement for any of the following reasons: a) if the Owner suspends the Work for sixty (60) days; b) if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project; or c) if the Owner has for thirty (30) days failed to pay the Design -Builder pursuant to Subparagraph 6.2. 9.4.2 Upon termination by the Design -Builder in accordance with paragraph 9.4.1, the Design -Builder shall be entitled to recover payment from the Owner as if the Owner had terminated this Agreement under paragraph 9.3. Design -Builder shall not be entitled to any compensation for lost or anticipated profits. - Il ' : 0 All proposers shall note that the City Council -approved Business Equity Ordinance #25165-10- 2021 (Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended) was adopted to ensure the full and equitable participation of Business Equity Firms ("certified minority- and women -owned business enterprises (M/WBEs)) in the procurement of services valued at $100,000 or more. This design -build project will consist of two separate diverse goals that will be addressed independently of one another. The Business Equity Goal for Professional Services is _10% . A separate Business Equity Goal of 2;ZL will be applicable for the construction services (subcontractors, suppliers, etc.) upon receipt of the GMP. Construction Phase Contract Page 21 of 31 CFW PD — Northwest Patrol Division — Design/Build Firms providing responses to a Design -Build RFQ shall state the Firm's intent to provide opportunities to Business Equity Firms and provide a written response to demonstrate the Firm's past history of engaging certified M/WBEs. It is acceptable to document individual team members' historical engagement of certified M/WBEs where the members are part of a firm created specifically to provide a response to an RFQ. A response submitted hereto will be part of the RFQ evaluation. Firms which are subsequently qualified and invited to submit a response to a Design -Build RFQ/RFP shall comply as described herein. All proposals shall include a Business Equity Utilization Plan to address the business equity commitment goal. At a minimum, the Plans must provide: BUSINESS EQUITY FIRM (CERTIFIED MBE OR WBE) COMMITMENT ■ The company name, address, point of contact, email address, office and fax telephone numbers of the business equity firms; primes, subcontractors and suppliers, if known; ■ Identification and detailed description of the work to be performed by each business equity firm; ■ The tier level, i.e. 1st 2nd, 3rd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the business equity firm will be receiving payment) ■ The prime or sub -contract value or percentage of the GMP construction cost for each phase of work identified for each business equity participant; ■ State the business equity firm percentage level of commitment achieved; and ■ Provide the same identification information for all non-M/WBE participants In regards to the business equity firm diverse goal, all proposals shall include a detailed explanation of the steps it plans to implement in order to address the business equity diverse goal and must state the level of commitment it will achieve. The proposal must also include the name of the individual(s) that will be responsible for implementing the plan, reporting on the status of the certified M/WBE commitment achievement and performing liaison duties to the City as it relates to all business equity firm issues during the completion of this project. Only the certified M/WBE subcontractors and suppliers that perform a commercially useful function may count towards the M/WBE diverse goal. If the Design -Build construction firm is certified as an MBE or WBE firm, it is permissible to count itself or its subsidiary -owned companies towards the established goal: the goal represents prime and subcontracting opportunities. Proposers must obtain a certified M/WBE listing from the City of Fort Worth's Office of Business Diversity at httr)s://www.fortworthtexas.ciov/departments/diversitv-inclusion/business-equity or email DVIN BEOffice(Wortworthtexas.gov or call (817) 392-2674 for assistance. This will ensure that Design -Build firms are acknowledging M/WBE firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS); certifying agencies accepted by the City of Fort Worth. These firms must be certified at the time proposals are submitted, in order for the participation to be counted towards the established diverse goals. The firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. The implementation of the Business Equity Utilization Plan will commence when the City issues a notice to proceed for the performance of all major elements of the Work. Construction Phase Contract Page 22 of 31 CFW PD — Northwest Patrol Division — Design/Build 11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered when deposited in the United States mail, first class postage prepaid, addressed to the recipient at: CITY OF FORT WORTH Architectural Services Manager Property Management Department 100 Fort Worth Trail Fort Worth, TX 76102 11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. 11.3 Governing Law. The laws of the State of Texas shall govern this Agreement and the parties agree that any suit arising out of or relating to this Agreement shall be exclusively in Tarrant County, Texas. 11.4 IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any 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. 11.5 No Boycott of Israel If Design -Builder has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Design -Builder acknowledges that in accordance with Chapter 2271 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, Design -Builder certifies that Design -Builder's signature provides written verification to City that Design -Builder: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 11.6 No Waiver of Performance. The failure of either the Owner or the Design -Builder to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any rights under this Agreement, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. 11.7 Severability, The partial or complete invalidity of any one or more provisions to this Agreement shall not affect the validity or continuing force and effect of any other provision. Construction Phase Contract Page 23 of 31 CFW PD — Northwest Patrol Division — Design/Build 11.8 Prohibition on Boycotting Energy Com an nies. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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. 11.9 Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, 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. 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. 11.10 Right to Audit. Design -Builder agrees that Owner shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Design -Builder involving transactions relating to this Agreement. Design -Builder agrees that the Owner shall have access during normal working hours to all necessary Design -Builder facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Owner shall give Design -Builder reasonable advance notice of intended audits. 11.10.1 Design -Builder shall include in all its subconsultant agreements and subcontracts hereunder a provision to the effect that the subconsultant and/or sub -contractor agree that the Owner shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant or sub -contractor involving transactions to the sub -agreement, and further, that Owner shall have access during normal working hours to all subconsultant or sub -contractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. Owner shall give subconsultants or sub -contractors reasonable advance notice of intended audits. 11.10.2 Design -Builder agrees to photocopy such documents as may be requested by Owner, and further agrees to include such a provision in any subconsultant or sub -contractor agreement. Owner agrees to reimburse for the cost of copies at the rate published in the Construction Phase Contract Page 24 of 31 CFW PD — Northwest Patrol Division — Design/Build Texas Administrative Code in effect as of the time copying is performed. 11.11 Additional Compensation Anywhere in this Agreement where Design -Builder may be entitled to additional compensation, the calculation to determine such 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 Project site trailer, Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs. This Agreement is made effective as of the date signed by the Assistant City Manager below. Company Name fPl dui /fLc.c By: S�iF LCL Signatory Title ,Q7,s,v�iEie APPROVAL RECOMMENDED: By: 1z— 1 Marilyn Marvin Director, Property Management Dept. APPROVED AS TO FORM AND LEGALITY: By: _ 4&_40e_ Douglas Black (May 16, 2025 17:06 CDT) Douglas Black Senior Assistant City Attorney APPROVED: CITY O,,F,,.///FORT )) WORTH vBy: e'a' . WA V11rie.Wa$rington (May 16, 2025 17:49 CDT) Va ene Was ington Assistant City Manager Date: 05/16/2025 ooa 4FORT IlIlP RECORDED: By. rannette Goodall City Secretary M&C: 23-0771 M&C Date: 9/12/23 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 reporti quireme ts. By: Nikita Watts Sr. Capital Projects Officer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Construction Phase Contract Page 25 of 27 CFW PD — Northwest Patrol Division — Design/Build I DATE (MMIDD/YYYY) AC40 o® CERTIFICATE OF LIABILITY INSURANCE 2/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER U0141AIN Rachael Lawrence NAME: Tucker Agency, Ltd. /PncNMMo.Extl (817)336-6520 I (A/C, No): P O Box 2285 IADDRE rachael@tuckeragency.com ADDRESS: I INSURER(S) AFFORDING COVERAGE NAIC N Ft. Worth TX 76113 URERA:Amerisure Insurance Companv 1:URERB:ArnerisUre, INSURED Mutual Insurance Co FPI Builders, LLC IINSURERC:The Hanover Insurance Companv 2116 Wenneca Ave. IINSURERD: INSURER E : Fort Worth TX 76102 IINSURER F: COVERAGES CERTIFICATE NUMBER:24-25 Master w/BR REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL'SUBR' LTR iVn wvn POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) fMMIDDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCg $ 1,000,000 A CLAIMS -MADE FOOCCUR DAMAGE RENTED I PREM SESO(Ea occurrence) $ 1,000,000 CPP21072660801 12/31/2024 12/31/2025 I MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 I 2,000,000 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- FLOC � (PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 _ X I BODILY INJURY (Per person) $ ANYAUTO B ALL OWNED SCHEDULED C-1072590901 12/31/2024 12/31/2025 I BODILY INJURY (Per accident) $ AUTOS M AUTOS NON -OWNED PROPERTY DAMAGE $ _ HIRED AUTOS AUTOS (Per accident) X $ X UMBRELLA LIAB I X I OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB Ij—jl CLAIMS -MADE CU21072670802 12/31/2024 12/31/2025 I AGGREGATE $ 5,000,000 I I DIED RETENTION $ I $ WORKERS COMPENSATION X I STATUTE I I ERPER H AND EMPLOYERS' LIABILITY Y❑ I E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE NIA A OFFICER/MEMBER H)EXCLUDED? WC21072680802 A (Mandatory in NH) 12/31/2024 12/31/2025 I E.L.DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 C Builders Risk/Reporting Form IHDD430475 08 12/31/2024 12/31/2025 Builders Risk $15,000,000 Transit $250, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Northwest Parol Division Facility Certificate holder is additional insured on a primary and non-contributory basis where required by contract. Waiver of subrogation applies where required by contract. 30 days notice of cancellation applies where required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE I Tracy Tucker/RACHAE 474 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, Northwest Patrol Division Facilitv located at 3900 Anale Avenue. Fort Worth. Texas. PMD2022-06. City Proiect #101919. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: /API L l Ir- By: 'Vev" AY /, • %,4L!E Company (Please Print) Z //L Signature: Address / T me-r-- 1K,�0�`1"�-/, '�"u 76 �OZ Title: rd�ltil��'E� City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared K-CAJ �'h S . `11�!)rO-V-� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of mayva"� for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this'13 day of 2025. REGINA B. BARNETT 'Notary Public, State of Texas ;N. r comm. Expires 10-06-2026 Notary ID 134002862 Instructions to Offerors CFW PD — Northwest Patrol Division — Design/Build Notary Public in and for the State of Texas Page 51 of 52 M&C Review Page 1 of 3 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FORTIVORTH_ Create New From This M&C DATE: 9/12/2023 REFERENCE NO.: CODE: C TYPE: M&C 23-0771 LOG NAME: NON- PUBLIC CONSENT HEARING: 21 NW POLICE STATION DESIGN -BUILD CONTRACT NO SUBJECT: (CD 2) Authorize Execution of a Design -Build Contract with FPI Builders, LLC, in the Not - To -Exceed Amount of $16,450,000.00, Based on Design -Build Management Fees of 2.00% for Design and 4.17% for Construction, and Includes a 7.5% Owner's Construction Contingency Allowance, to Design and Build the Fort Worth Police Department's New Northwest Patrol Division Facility (2022 Bond Funds) RECOMMENDATION: It is recommended that the City Council authorize execution of a design -build contract with FPI Builders, LLC, in the not -to -exceed amount of $16,450,000.00, based on design -build management fees of 2.00\% for design and 4.17\% for construction, and includes a 7.5\% owner's construction contingency allowance, to design and build the Fort Worth Police Department's new Northwest Patrol Division Headquarters Facility. DISCUSSION: The purpose of this Mayor & Council Communication (M&C) is to authorize the execution of a design - build contract with FPI Builders, LLC, in the not -to -exceed amount of $16,450,000.00, based on design -build management fees of 2.00\% for design and 4.17\% for construction, and includes a 7.5\ % owner's construction contingency allowance, to design and build the Fort Worth Police Department's new Northwest Patrol Division Headquarters Facility. On August 11, 2020, City Council authorized (M&C 20-0548) acquisition of approximately 61 acres of land, at 3900 Angle Avenue, for the development of a police substation, automobile impoundment center and other City facilities in Northwest Fort Worth. The current Northwest Patrol Division has officers and staff located in facilities at 2500 N. Houston Street and 4651 N. Main Street. This new facility will: Consolidate the two patrol facilities to create one 32,000+ square foot Northwest Patrol campus Eliminate a high -cost lease of $151,000.00 annually Move away from an aging, out-of-date facility that was built in 1950 and has no room for growth Based on past experience with the North Patrol Division, staff determined that the design -build method of project delivery provided the City with the most expedient means of completion for this project. A Request for Qualifications was advertised in the Fort Worth Star -Telegram on December 15, 2022 and December 22, 2022. The City of Fort Worth received seven proposals from design - build teams on February 9, 2023. These teams were: Byrne Construction Services & Brinkley Sargent Wiginton Architects Elements of Architects & Muckleroy & Falls GFF/FPI Builders Wright Group & Piazza JE Dunn & PGAL Balfour Beatty & Bennett Benner Partners Speed Fab -Crete & Callahan & Freeman Architects A selection team composed of members of the Fort Worth Police Department, Property Management http://apps.cfwnet.org/council_packet/mc review.asp?ID=31397&councildate=9/12/2023 4/28/2025 M&C Review Page 2 of 3 Department and the Minority and Women -owned Business Enterprises (MWBE) Office, carefully reviewed these submittals and after discussion and scoring the team was able to establish a short list of four highly qualified teams. Interviews were conducted on March 3, 2023. Patrol Division GFF, Inc. & FPI BCuilder, Byrne & Brinkley Balfour Beatty & JE Dunn Interview Scores Sargent Wiginton Bennet Partners & PGAL Firms Experience 24 22 22 23 Technical 19 II 18 18 17 Competence Capability to II 19 19 19 19 Perform Schedule 8 7 9 7 Fort Worth II 25 25 24 22 Experience MWBE Score PASS PASS PASS PASS TOTAL 95 11 91 11 92 88 After ranking the proposals and conducting interviews, the selection team recommends that City authorize the execution of a design -build contract with FPI Builders, LLC. The overall budget for the project is as follows: PROJECT COST �� Amount Design Build Cost (Including 7.5\% Owners Construction Contingency Allowance) $16,450,000.00 Staff Time, Materials Testing, IT, Security, Fixtures Furnishings and Equipment (FF&E), Exercise $2,150,000.00 Equipment, Contingency, etc. Total Project Cost 11$18,600,000.00 Additional administrative costs in the amount of $2,150,000.00 that will cover staff time, materials testing, IT, security, fixtures furnishings and equipment (FF&E), exercise equipment, contingency, etc. will be allocated to this project in the next 2022 Bond Appropriation. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Funding is budgeted in the 2022 Bond Program Fund for the purpose of funding the PD Northwest Patrol Division project, as appropriated. Diversity and Inclusion Business Equity Office - FPI Builders, LLC is in compliance with the City's Business Equity Ordinance by committing to 10\% MWBE participation on Design and 25\% MWBE Participation on Construction for this project. The City's MWBE goal on this project is 10\% Design and 25\% Construction. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31397&councildate=9/12/2023 4/28/2025 M&C Review Page 3 of 3 This project is located in Council District 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the PD Northwest Patrol Division project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Property Management and Police Department have the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program ' Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Originatinq Department Head: Steve Cooke (5134) Additional Information Contact: Nikita Watts (2028) ATTACHMENTS 1295 Form Certificate of Interested Parties.pdf (CFW Internal) 21 NW POLICE STATION DESIGN BUILD CONTRACT.docx (CFW Internal) 21 NW POLICE STATION DESIGN -BUILD CONTRACT FID TABLE.xlsx (CFW Internal) NW Police Station Desian Build Contract.r)df (Public) PMD2022-06 CompMemo FPI 230515 GVsianed.pdf (CFW Internal) SAM FPI Builders.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=31397&councildate=9/12/2023 4/28/2025