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HomeMy WebLinkAboutContract 48124 CITY SECRETANt DECEIVED CONTRACT NO. 1 AUG 2 9 2016 CfiYOFFORTWORM AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK CrNSEMETARY PRE-CONSTRUCTION AND CONSTRUCTION SERVICES For LAKE WORTH TRAIL - PHASE I - C01920 THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES which INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between the City of Fort Worth, a Texas municipality, ("City") and Haydon Building Corp., a legal entity existing under the laws of the State of Texas, ("CMAR"). City and CMAR may be referred to herein as a"Party" or the "Parties". WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which consist of Pre-Construction Phase Services and Construction Phase Services, and CMAR, selected by City through a competitive procurement process, possesses broad experience, knowledge and technical resources to provide such services related to the design, permitting, construction and construction management for the Lake Worth Trail— Phase I (the "Project"); and WHEREAS, CMAR is willing and able to undertake and provide the services and to be responsible for the overall completion of the Project, as described on Attachment A, with a project budget of $5,421,560.00, upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, City has engaged the services of Freese and Nichols, Inc. ("Design Engineer'), to prepare the design of the Project; and WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in Attachment A and as further set forth in the written proposal to City from CMAR, dated the 19th day of May 2016, attached hereto as Attachment B, as finally determined and set forth in Attachment D; and WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase contracts with its primary contractors to which CMAR awards contracts and subcontractors(s), the City's Standard General Conditions for a CMAR Agreement("General Conditions"), attached hereto as Attachment C; and WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated with those capitalized/defined terms as found in the General Conditions. Conflicting definitions shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by City for the services to be rendered by CMAR, and the covenants and promises to be carried out by each Party, the City and CMAR hereby agree to perform the services described herein upon the terms and conditions set forth herein and any Attachments and Exhibits hereto, which are hereby incorporated. CMAR—CFW FOR: C01920 OFFICIAL RECORD Page 1 of 13 CITY SECRETARY FT. WORTH, TX ARTICLE 1 —SERVICES A. CMAR agrees to furnish all Pre-construction Phase Services, as described in Attachments A and B. B. The Pre-Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and terminate upon conclusion of Guaranteed Maximum Price negotiations. CMAR may initiate Construction Phase early works packages, such as for utility relocations, prior to final development of the GMP. Costs of early works packages shall be included in the GMP. C. CMAR agrees to furnish all Construction Phase Services, as described in Attachments A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. 1. CMAR agrees to timely commence construction to substantially complete the Work within the Contract Time. CMAR shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents. 2. CMAR shall perform all Work in accordance with the requirements of the Construction Documents. CMAR shall at all times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. CMAR 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 performance. D. The Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR. E. CMAR shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow CMAR to perform the Work. CMAR shall present documentation of temporary construction easements or other permissions at the time the GMP is submitted to City. F. CMAR warrants to City that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The CMAR also warrants to City that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. ARTICLE 2 —COMPENSATION A. The City shall compensate CMAR for providing the Pre-Construction Phase Services for the Pre-Construction Services Fee of $51,734.00 as further described on Attachments B and D ("Pre-Construction Phase Fee"). B. The City shall compensate CMAR for providing the Construction Phase services for the Construction Services Fee of 8% of the GMP as further described on Attachments B and D ("Construction Phase Fee"). CMAR—CFW FOR: C01920 Page 2 of 13 These fees are collectively known as the CMAR Fee as so defined in the General Conditions, C. Notwithstanding Article 1, Paragraph C., above, or Paragraph B. of this Article, City may, by giving written notice at any time before the end of the Pre-Construction Services Phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the City's reasonable estimation, exceeds or would exceed the City's Estimated Construction Budget. In such event, CMAR shall be paid for Work performed up to the date of termination in accordance with this Agreement. D. CMAR Contingency - CMAR's GMP shall include a Contingency of $272,000.00 for CMAR's exclusive use, with City's written approval, which approval shall not be unreasonably withheld, to cover those costs considered reimbursable as a Cost of Work but not included in a Change Order. Any unspent contingency funds shall be shared on a 50% basis between CMAR and City. E. Savings — In the event the final Cost of Work, inclusive of the CMAR Fee, is less than the GMP, as may be adjusted by Change Orders, 50% of the resulting savings will be paid to the CMAR as a performance incentive. F. Schedule Incentives to promote performance results by contractors may be established by CMAR for the Construction Phase. During development of the GMP, CMAR and City may determine an allowance amount, which will be a part of the GMP, to be used for schedule incentives. Any of these funds which remain unspent shall be returned to City. ARTICLE 3— PAYMENT Payment by City to CMAR is to be made as follows: A. CMAR shall submit monthly an Application for Payment for Pre-Construction Phase Services describing the work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions. B. CMAR shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions, less 5% retainage, except that no retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs (a/k/a Costs of the Work as defined in the General Conditions). CMAR's Construction Services Fee and General Conditions costs shall each be shown as a line item in the Application for Payment. ARTICLE 4— GUARANTEED MAXIMUM PRICE A. The Guaranteed Maximum Price proposal for Construction of the Project shall be presented to the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise mutually agreed. B. Elements to be considered in the GMP include but are not limited to: 1. CMAR's Fee 2. Other Fees as may be presented in the RFP 3. General Conditions Costs CMAR—CFW FOR: C01920 Page 3 of 13 Note: General Conditions Costs shall be excluded from the CMAR's Fee calculation. 4. Unit Price and Subcontract Costs (Open Book) 5. Contingency Amounts for CMAR's use 6. Allocation Allowance, if any, which is part of the GMP but is for use by the City only with any remaining Allocation Allowance to be returned to the City C. After submission of the GMP proposal, CMAR and City shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. D. When established and accepted by City in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. E. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the Project may proceed. ARTICLE 5—CHANGES IN THE WORK The City, during either phase of services and without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a Change Order. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES Project Time shall not be longer than as indicated in Attachment A except as modified by CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR and presented to City. CMAR will perform the required services in a timely manner and corriply with the Project Schedule and any minor adjustments as reasonably requested by City. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless causes beyond the CMAR's control delay final completion, the CMAR shall achieve final completion of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial loss if the Work is not completed within the Project Time plus any mutually agreed extension thereof. The CMAR recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time and, instead of requiring any such proof, CMAR agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $500.00 for each day that expires after the expiration of the Project Time until such time as Substantial Completion of the Project is issued by the City in writing. ARTICLE 7 — MBE/SBE The CMAR must meet an SBE participation goal of 0% for the Pre-Construction Phase Services for this Project. CMAR must meet the MBE goal of 15% during construction phase services to meet a minimum qualification for self-performing any or all of the construction phase services. CMAR—CFW FOR: C01920 Page 4 of 13 The CMAR commits to 0% SBE participation for the Pre-Construction Phase Services and commits to 15% MBE participation for the Construction Phase Services of this Project. ARTICLE 8 - GENERAL TERMS A. PROFESSIONAL STANDARDS. 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. The CMAR shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, pre-construction, construction and other services and materials furnished under this Agreement. B. MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. City shall, throughout the performance of the Construction Work, cooperate with CMAR and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with CMAR'S timely and efficient performance of its obligations under the Contract Documents. The City shall cooperate and provide reasonable assistance to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's responsibility to obtain. C. GENERAL CONDITIONS. Attachment C contains the City's General Conditions applicable to this Project. CMAR is expected to have reviewed and hereby agrees to comply with said General Conditions, including providing a copy to any contractors or subcontractors, as applicable. D. PROJECT PROGRESS. CMAR's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written consent of the City. CMAR may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the City in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of City. F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of CMAR), now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the City. CMAR acknowledges responsibility for all federal, state, and local requirements for employers that apply to CMAR. G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the City and CMAR and not for the benefit of any third party. The City and CMAR 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 and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondeat superior shall not apply. CMAR—CFW FOR: C01920 Page 5 of 13 H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, documents, and other work products of the CMAR 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 City or by others acting through or on behalf of City of any such instruments of service without the written permission of the CMAR will be at the City's sole risk. The City shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force insurance as described in Article 5 of the General Conditions. J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section C of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of CMAR's experience and qualifications and represent CMAR's best judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ AND UNDERSTANDS THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. SURETY BONDS. The CMAR shall furnish the required performance, payment and maintenance bonds as provided by the General Conditions. N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments. O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring services of CMAR in providing expert testimony on behalf of the City in connection with the Project, except suits or claims by a third party against the City arising out of alleged errors or omissions of Design Engineer or CMAR, the City shall provide additional compensation to CMAR based on actual cost. ARTICLE 9—THE CITY'S RESPONSIBILITIES The City shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement for Pre-Construction Services. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to CMAR's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by CMAR consistent with City's normal business practices. CMAR—CFW FOR: C01920 Page 6 of 13 C. Secure and execute all necessary permanent easements and agreements with adjacent land or property owners that are necessary for the Project. City is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. City is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. ARTICLE 10—AMENDMENTS This Agreement may only be amended in writing, agreed to by both Parties ARTICLE 11 - EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the City and CMAR with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations or agreements, either written or oral contracts between City and CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of City and CMAR and their respective successors and assigns. ARTICLE 12—GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions, Paragraph 6.07, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. CMAR hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. ARTICLE 13 —SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either CMAR or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ARTICLE 14—WAIVER The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. ARTICLE 15—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. CMAR—CFW FOR: C01920 Page 7 of 13 ARTICLE 16 - HEADINGS The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. ARTICLE 17 - NOTICE All notices required herein shall be addressed to City as follows: Thomas J. Alves Sr. Landscape Architect, PARD 1000 Throckmorton Street Fort Worth, Texas 76102 A 17-392-5746 thomas.alvesta'__fortworthtexas.gov With Copy to: Insert as appropriate All notices to CMAR shall be addressed as follows: Attn: David Laughlin Haydon Building Corporation 8200 Springwood Drive, Suite 230 Irving, Texas 75063 972-739-6405 972-999-4609 fax dlaughlin(a)haydonbc.com REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE AND ATTACHMENTS/EXHIBITS TO FOLLOW CMAR—CFW FOR: C01920 Page 8 of 13 Executed and effective as of the date executed by the designated City Manager in three counterparts, each of which may be deemed an original. CIVIAR CITY OF FORT WORTH: HAYDON Building Corp By: f✓ By: Name: Mark D Eklund, vp Su an lanis Title Assistant City Manager Date: -8/1711 6 o1v Date: $ ac( Lo By City: Approved as to Form and Legality Approval Recommended* Ak� Douglas W. Black ichard Zavala Assistant City Attorney irector, Park and Recreation Department V FO M&c: C-27877 ATTEST: 00 X. Date: August 16, 2016 0 lzf - f Mar J. Kay 00 00 00 City Secretary AS N RECORD RETARY TH, TX CMAR-CFW FOR:C01920 Page 9 of 13 ATTACHMENT A Pre-Construction and Construction Services Scope of Work (From RFP) CMAR—CFW FOR: C01920 Page 10 of 13 REQUEST FOR PROPOSALS CONSTRUCTION MANAGER-AT-RISK City of Fort Worth, Lake Worth Trail — Phase I City of Fort Worth, Project No. C-01920 RFP 0001 FORT WORTH. City of Fort Worth Mayor Betsy Price City Manager David Cooke Park and Recreation Department Director Richard Zavala April 21, 2016 City of Fort Worth Lake Worth Trail Page 1 of 50 CMAR RFP—One Step Table of Contents Section1. Definitions.................................................................................................3 Section 2. Description of Project..............................................................................5 Section 3. Business Diversity Enterprise ...............................................................7 Section4. CMAR Services.........................................................................................9 Section S. Procedural Requirements Request for Proposals ............................. 13 Section 6. Content of Proposal and Evaluation Criteria....................................... 16 Section 7. Award and Execution of Contract.........................................................21 Section 8. Bonds and Insurance Requirement s....................................................21 Section 9. Miscellaneous ........................................................................................22 Section 10. Proposed Schedule................................................................................22 Maps and Exhibits: Map1 - .........................................................................................Project Location Map2 - ...................................................................................................... Site Map Exhibit A ................................................................................... Proposal Affidavit Exhibit B - ........................................................................ Statement of Experience Exhibit C - ...........................................................Proposed Project Key Personnel Exhibit D - .......................................................................Exceptions to Agreement Exhibit E- .......................................................... Conflict of Interest Questionnaire Exhibit F- .............................................................................Client Reference Form Exhibit G - .......................................................Bond and Insurance Requirements Exhibit H- ................................................................................Safety History Table Exhibit I- ................................................Construction Budget and Fee Proposals Exhibit J- ................................................................................... Evaluation Criteria ExhibitK- .................................................................................... Prevailing Wages Attachments: Attachment 1 - .................................Construction Manager-At-Risk Agreement Attachment 2 - ........................................ General Conditions for CMAR Project City of Fort Worth Lake Worth Trail Page 2 of 50 CMAR RFP—One Step INTRODUCTION: The City of Fort Worth, Texas desires to select a Construction Manager-At-Risk (CMAR) to provide Construction Manager-At-Risk pre-construction and construction services for park facility elements for the Lake Worth Trail Project to be completed no later than January, 2018. The selection will be a one-step process. The City will select the Proposer (as defined herein) which provides the best value for the City based on the criteria outlined herein and the Proposer's proven application of: project delivery techniques, approaches and relevant experience that results in the following value statements for the project and City: • Increased and/or enhanced functionality resulting from phasing and sequencing of project delivery to reduce impacts to park users during construction • Cost-savings and/or cost-avoidance identified during the pre-construction design review phase • Reduced risk resulting from early engagement of the CMAR to optimize project delivery in collaboration with City's design engineer. • Reduction in overall delivery timeline (schedule) CMAR experience is desired and will be recognized in two ways: 1. Alternative delivery methods whereby the Proposer can demonstrate relevant experience, results and benefits to the project and Owner. 2. Value-delivery techniques on CMAR or non-CMAR projects that demonstrate results and benefits as previously described for CMAR delivery. Section 1 : Definitions A. In this Request for Proposals (unless otherwise defined herein or in the General Conditions): City means the City of Fort Worth, Texas. CMAR means Construction Manager-At-Risk, the entity or person with which the City will contract to provide the Construction Manager-At-Risk Pre-Construction Phase Services and Construction Phase Services under a single Contract. Construction Phase Services means the Construction Phase services for the Project as more fully described in this RFP and the Contract. City of Fort Worth Lake Worth Trail Page 3 of 50 CMAR RFP—One Step Construction Phase Services Fee means the fee sought by the Proposer for fulfilling the General Conditions (generally to include profit, general overhead and other costs associated with supporting the Work) presented as a percentage of the GMP. Contract means the Construction Manager-At-Risk Agreement for Pre-Construction Phase services and Construction Phase Services included in draft form as Attachment 1 and as may be revised by the successful Proposer and City during the contract negotiation period. Design Engineer means Freese and Nichols Inc., the firm with which the City has contracted to design the Lake Worth Trail project. Estimated Construction Budget means the amount of $5,641,560.00, which shall include the CMAR's Pre-Construction Services Fee, CMAR's Construction Phase Services Fee and CMAR's contingency amount but does not include Owner's contingency amount or costs for design such as: the Design Engineer's Fees, costs of land or right-of-way, or any other costs that are the City's direct responsibility. Final Completion means the date upon which the Owner accepts the Project as delivered by the CMAR including completion of all punch-list items. General Conditions mean those governing documents issued by City which establish definitions, terms and procedures for performance of the Project (Attachment 2). Guaranteed Maximum Price (GMP) means the maximum cost of Construction Phase Services, as established by the CMAR and subject to acceptance by City, to construct the Project according to the contract documents. GMP shall not exceed the Estimated Construction Budget. Marketplace means the six (6) county geographic marketplace that has been accepted by the City. The City's geographic marketplace includes the counties of Tarrant, Dallas, Denton, Johnson, Parker and Wise. MBE means a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. MBE Plan means an MBE Utilization Plan to address the diverse MBE goal for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. Ordinance means the City of Fort Worth Business Diversity Enterprise Ordinance #20020-12-2011, effective June 1, 2012, as amended. City of Fort Worth Lake Worth Trail Page 4 of 50 CMAR RFP—One Step Owner means the City of Fort Worth, Texas. PARD means the Park and Recreation Department. Pre-Construction Phase Services means the pre-construction phase services that the CMAR will provide as more fully described in this RFP and the Contract. Pre-Construction Phase Services Fee means the entire cost to provide the Pre- construction Phase Services including overhead, profit and all other expenses expressed as a fixed dollar amount. Project means the construction of a concrete trail system that includes two river bridges, approximately 5.6 miles of trail with major and minor trailheads, signage and parking lots. The trail begins at Trinity Trail near Anahauc Avenue and goes through YMCA Camp Carter, Marion Sansom Park, along Cahoba Drive through Windswept Circle Park and Plover Circle Park and terminates at Arrow S. Park. Proposal means the Proposer's written response to this RFP. Proposer means a person, corporation, partnership, or other entity that submits a Proposal in response to this RFP. RFP means Owner's Request for Proposals as a One-step process including the Proposer's proposed fees and prices for fulfilling the General Conditions related to the Project. Work means all labor, materials, equipment, and services necessary to construct, erect, install, equip, complete and commission the Project as provided in the contract documents. Work shall not include Pre-Construction Phase Services. B. The following described Maps, Exhibits and Attachments are attached to and are a part of this RFP: • Map 1 - Project Location • Map 2- Site Map • Exhibit A - Proposal Affidavit • Exhibit B - Statement of Experience • Exhibit C - Proposed Project Key Personnel • Exhibit D - Exceptions to Agreement • Exhibit E- Conflict of Interest Questionnaire • Exhibit F- Client Reference Form • Exhibit G - Bond and Insurance Requirements • Exhibit H- Safety History Table City of Fort Worth Lake Worth Trail Page 5 of 50 CMAR RFP—One Step • Exhibit I- Construction Budget and Fee Proposals • Exhibit J- Evaluation Criteria • ExhibitK— Prevailing Wages • Attachment 1 — Draft Construction Manager-At-Risk Agreement • Attachment 2— General Conditions for CMAR Project Section 2: Description of Project A. The Project will consist of the construction of a new hike/bike trail generally along the contours of the Lake Worth Reservoir in Tarrant County, Texas. The proposed phase I trail route includes two river bridges, approximately 5.6 miles of trail with major and minor trailheads, signage and parking lots. It begins near the Trinity Trail system terminus point near Anahuac Avenue and Meandering Road. The trail goes through YMCA Camp Carter following the general route of the West Fork Trinity River crossing the river at two locations. The second river bridge crosses over into Marion Sansom Park and travels through the park to Cahoba Drive. A major trailhead and parking lot is planned for the western side of Marion Sansom Park with access to Cahoba Drive. The trail winds along the general route of Cahoba Drive along Lake Worth through Windswept Circle Park and Plover Circle Park and terminates at a major trailhead and parking lot in Arrow S. Park. The Design Engineer, Freese and Nichols, Inc. is in the process of design development for the project. The final engineering design is anticipated to begin in July, 2016 with the participation of the CMAR under its Pre- Construction Phase Services. The Lake Worth Trail project to include the following site improvements: Hike/Bike Trail 1. Site Preparation / Clearing / Demolition TBD 2. Site Grading TBD 3. 8' Concrete Trail 29,520 Linear Feet 4. Perimeter Fencing 750 Linear Feet 5. Retaining Walls TBD 6. Guardrail / trail protection TBD 7. Native vegetation/repair disturbed areas TBD 8. Tree Mitigation (City parkland) TBD 9. Mile markers 6 Each 10.911 signage (at 1,000' spacing) 32 Each West Fork Trinity River Bridge Crossings 1. River Bridge Number One 10' wide, approx. 240 LF 2. River Bridge Number Two 10' wide, approx. 240 LF City of Fort Worth Lake Worth Trail Page 6 of 50 CMAR RFP—One Step Pedestrian Bridges / Culvert Crossings 1. 8' wide pedestrian bridge Multiple locations TBD 2. Pipe culvert crossing Multiple locations TBD 3. Sidewalk crossing Multiple locations TBD Maior Trailheads (Type A) 1. Parking lot (10 spaces) Two locations 2. Pavilion Two locations 3. Portable Restroom Two locations 4. Kiosk with Trail Map Two locations 5. Bench / Seating areas Two locations 6. Drinking fountain / utility service Two locations 7. Bike Racks Two locations 8. Wayfinding signage Two locations 9. Trash Receptacles Two locations Minor Trailheads (Type B) 1. Bench / Seating areas One location 2. Drinking fountain One location 3. Wayfinding signage One location 4. Trash Receptacles One location Minor Trailheads (Type C) 1. Bench / Seating areas Three locations 2. Wayfinding signage Three locations 3. Trash Receptacles Three locations Site Utilities 1. Water Tap/Service Three locations Trail Emergency Access Points 2. Signage / Controls Four locations YMCA Camp Carter Low Water Crossing 1. Repair One location 2. Driveway connection Both sides of river crossing YMCA Camp Carter Suspension Bridge 1. Repair One location 2. Trail connection Both sides of river crossing B. Project Team. The City has selected Freese and Nichols, Inc. as the Design Engineer, whose designated representative for the Project is Henry Hartshorn, RLA, ASLA. The City's team of employees who will work on this Project consist of PARD personnel and other departments as needed. C. CMAR Selection Method. The City is required by state law to follow specific procedures in selecting the CMAR for the Project. For this Project the City is selecting the CMAR by a one-step RFP process, as set forth in Section City of Fort Worth Lake Worth Trail Page 7 of 50 CMAR RFP—One Step 2269.251 et seq., Tex. Gov't Code, A Proposer's Proposal shall include proposed fees and prices for fulfilling the General Conditions. A Proposer's Proposal may include cost/savings sharing alternatives. D. Additional Professional Services. The City will contract separately for (1) inspection services, (2) testing of materials, (3) any verification testing services necessary for acceptance of the Project. The selected Proposer will be required to coordinate these services. The City reserves the right to retain other professionals and consultants to assist it with Pre-Construction Phase and Construction Phase services and monitoring the Work Section 3: Business Diversity Enterprise Ordinance #20020-12-2011 — Minority Business Enterprise (MBE) Provisions A. As of June 1, 2012, The City of Fort Worth implemented the Business Diversity Enterprise Ordinance to reflect the City's availability and disparity study findings and recommendations. Firms must obtain MBE listings from the M/WBE Office at (817) 212-2678 or email Patty Wilson at patty.wilson _fortworthtexas.gov. This will ensure that MBE listings reflect off[ those companies currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. B. All Proposers shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. C. There is no MBE diverse goal for Pre-Construction Phase Services on this solicitation. D. The overall diverse MBE goal for Construction Phase Services for this Project is 15% E. Proposals shall be accompanied by an MBE Plan to address the diverse MBE goals for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the MBE Plan must provide: • The company name, address, point of contact, email address, office and fax telephone numbers of identified MBE contractors to be contacted during development of the GMP; • A detailed description of the work potentially to be performed by each MBE; City of Fort Worth Lake Worth Trail Page 8 of 50 CMAR RFP—One Step • The tier level, i.e., 1St, 2nd' 3", etc. (if other than 1St tier, the plan must clearly identify the firm name and tier from whom the MBE firm will be receiving payment) of each MBE to be contacted during GMP development; • The sub-contract value for each phase of work identified as potential for MBE participation; and • The timing of the major elements of the Work, including approximate advertising dates. The Plan must also include an element detailing how the Proposer will communicate with, and report Plan compliance to, the City's Project Manager and the City's MWBE Office during the Project including providing to the MWBE Office Letter(s) of intent, purchase orders and or executed sub-contract agreements after award by the CMAR and prior to the issuance of the notice to proceed of each relevant phase of the Work. F. MBE firms: All firms must be certified in order for the participation to be counted towards the established goal. G. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, the City's Ordinance does not allow a Proposer to count itself or its subsidiary-owned companies towards the established goal; the goal represents subcontracting opportunities. H. Commitment to meet the diverse MBE goal and to submit the Plan will be part of the final weighted selection criteria. I. Failure to meet the diverse MBE Goal, provide a detailed explanation to explain the Good Faith Effort (as defined in the Ordinance) the Proposer made to secure MBE participation, or abide by the Plan may subject the Proposer to penalties as specified in the Ordinance. Section 4: CMAR Services A. PRE-CONSTRUCTION PHASE SERVICES The CMAR Pre-Construction Phase services will be provided as a fixed fee cost identified in the Proposal. The Pre-Construction Phase Services will include: 1. Provide a Project Manager, all Key Personnel and all other associated personnel necessary to fully meet the CMAR obligations for the Pre- Construction Phase Services; 2. Consult with, advise and provide recommendations to the City and the Design Engineer on all aspects of the planning, design, and proposed construction and drawings and specifications; City of Fort Worth Lake Worth Trail Page 9 of 50 CMAR RFP—One Step 3. Provide constructability review and consult on constructability issues in the development of the 60% and 90% final design review plans and specifications, including recommendations on design packaging to advance construction, material availability and independent quantity calculations to verify quantities provided by Design Engineer; 4. Provide list of additional details needed on 90% final design review plans that would be needed to complete the project in the allotted time or to accelerate aspects of the work; 5. Provide that Project Manager, Estimator, Scheduler and Superintendent along with any other necessary personnel shall attend review workshops with the City Transportation and Public Works Department (TPW), Park and Recreation Department (PARD), City of River Oaks, Tarrant Regional Water District (TRWD), YMCA representatives and Design Engineer at the 90% final design review milestones, provide Critical Path Method schedules and plan that each workshop is one complete eight (8) hour day; 6. Provide on-going value engineering review, including written reports and recommendations between 60% and 90% design plan development; 7. Identify, evaluate and propose cost-effective alternatives; 8. Provide monthly project planning and scheduling report (using critical path method) to minimize the construction impact and prepare cash flow analyses for both the design and construction phases; 9. Identify long-lead equipment procurement needs and submit a report to the City; 10. Identify, evaluate and recommend elements of the Project that may require less than 100% design; 11. Advise the City of ways to gain efficiency in Project delivery; 12. Provide a complete, detailed, written GMP including line item cost breakdowns with conditions, assumptions, and showing CMAR contingency and CMAR Fee; 13. Develop, implement and maintain a quality management plan that assures conformance to every section of the specifications. Develop a QA/QC program to ensure continuing attention to the production and installation of error-free work; 14. Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling other environmental issues (dust, on site chemicals and fuel, etc.) required to comply with permits and regulations applicable to the Project; 15. Incorporate the City's standard specifications and provisions relating to quality, safety, community, and environmental factors; 16. Schedule all Project construction related activities; 17. Identify Work which the Proposer intends to self-perform. Identify and recommend which work, if any, should be procured through value based competitive selections, in lieu of low bid; 18. Provide monthly progress reports; City of Fort Worth Lake Worth Trail Page 10 of 50 CMAR RFP—One Step 19. Participate in one Project kick off meeting for Pre-Construction Phase Services to start June 29, 2016 or later; 20. Participate in up to 7 additional meetings or workshops with the Design Engineer, Owner or others as needed; 21. Develop and submit recommendations for the award of the subcontracts to construct the Project; 22. Insurance for the Pre-Construction Phase shall be provided as detailed below. 23. Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as detailed below. B. CONSTRUCTION PHASE SERVICES The City may allow certain elements of the Work to be performed prior to or in conjunction with the establishment of the GMP. Generally, the Work phases may include, but are not limited to, Demolition/Clearing, Earthwork, and Construction. The CMAR Construction Phase services will be provided as a percentage cost of the GMP as identified in the Proposal. Construction Phase Services will include the following: 1. Solicit and publicly conduct trade contractor or subcontractor bidding and proposals for all major elements of the construction work estimated at greater than $50,000.00, and for material suppliers for the Project, unless incorporated above or otherwise exempted; 2. Discuss Project with subcontractors and material suppliers to determine workloads, bonding capacity, and worker/mechanic availability; 3. Review and monitor the final design and suggest equipment, materials and systems for selection; 4. Review contractor's construction emergency response plan; 5. Review contractor's construction site safety plan; 6. Prepare the Bids/Proposals packages for the elements of the Work which must incorporate the requirements of the Contract; 7. Participate in one Project kick off meeting for Construction Phase Services; 8. Performance of the construction portion of the Work in strict accordance with all applicable Contract Documents; 9. Coordinate and manage the Work that includes all required appurtenances, necessary site improvements, and all other work required to make a complete and operable system within the Guaranteed Maximum Price and within the contract time agreed upon by the CMAR and the City; 10. Coordinate with various local and state agencies, as necessary; 11.Arrange for procurement of materials and equipment; City of Fort Worth Lake Worth Trail Page 11 of 50 CMAR RFP—One Step 12. Manage all procurement and construction-related subcontracts while meeting the City's requirements for procurement of subcontractor and supplier bids or proposals, including compliance with the MBE participation goal. This effort includes inspection of the Work performed by subcontractors to ensure conformance with the Contract; 13. Monitor and maintain quality controls over shop drawings, equipment and materials, implementation and Work; 14. Implement the construction site safety plan to provide a safe working site for the Project, maintain, update and implement as needed the emergency response plan; 15. Conduct a Pre-Construction Meeting with all the contractors, sub- contractors, inspectors, and other entities performing major elements of the work prior to the start of their work activities; 16. Obtain any necessary construction permits and meet all requirements of TXDOT, TRWD and US Army Corps of Engineers (USACE); 17. Manage storm water runoff and dust in accordance with the City's iSWM, and USACE regulations; 18. Establish and implement procedures to track, expedite and process all submittals, change orders, and requests for information; 19. Review and process shop drawings and other submittals and present to Owner for approval; 20. Establish a Critical Path Method schedule for the Project, monitor and update the construction schedule at least monthly, prepare three week look ahead work schedules consistent with overall schedule; 21. Review and process all pay request applications from subcontractors using the City's standard specifications and provisions; 22. Conduct monthly progress meetings with the on-site trade foremen or superintendents; 23.Attend monthly meetings with City Staff, inspectors, TRWD, Design Engineer and other entities and provide written monthly progress report and updated schedule; 24. Maintain current hard copies of Project as-built drawings, including all subcontracted work, and submit in hard copy, PDF and electronic format specified by the Design Engineer monthly; 25. Expedite and coordinate delivery and installation of Owner procured material and equipment, as applicable; 26. Maintain strict enforcement of Owner's or other applicable prevailing wage requirements; 27. Update and revise the Operation and Maintenance Manual developed by the Design Engineer as necessary; 28. Supervise and manage the warranties provided to the City for the equipment and construction work; and 29. Receive warranty/guaranty Work items from the construction contractors and subcontractors and provide same to Owner upon Final Completion of the Project, or at a date negotiated by the Parties; City of Fort Worth Lake Worth Trail Page 12 of 50 CMAR RFP—One Step 30. Conduct a final walk-through with the City TPW and PARD staff, and Design Engineer at the completion of construction no later than January 15, 2018 and 20 months after acceptance under the two-year warranty period; 31. Implement close out procedures necessary for the City to accept the Project as being finally complete; provide lien waivers from all subcontractors and material suppliers; 32. Complete all Construction Phase Services and Work no later than January 15, 2018; 33. Prepare a final report on all construction costs. C. CMAR SELF PERFORMANCE In accordance with Texas law, the CMAR may seek to self-perform work if the CMAR submits a bid or proposal in the same manner as all other trade subcontractors or suppliers and the City determines that the CMAR's low bid or proposal provides the best value for the submitted work. Proposers shall indicate the scope of work, if any, it intends to self-perform. Regardless of CMAR self-performance, CMAR must meet the MWBE commitment for Construction Phase Services. Section 5: Procedural Requirements for Request for Proposals A. RESERVATION OF RIGHTS 1. The City may reject any or all Proposals and/or waive minor deviations and/or irregularities therein. Entire Proposals marked proprietary will be returned without evaluation. 2. The City reserves the right to cancel this project for any reason at any time during the RFP process without incurring any obligations or liabilities. 3. The City reserves the right to modify the CMAR procurement schedule. B. SUBMISSION OF QUALIFICATIONS 1. Registration: The RFP is available at the City of Fort Worth Park and Recreation Department, 4200 S. Freeway, Suite 2200, Fort Worth, Texas 76115 or via Buzzsaw through the City of Fort Worth website at https:Hpromectpoint.Buzzsaw.com/ 2. Questions: The City will restate and answer Proposers' questions via group email and any answers to questions, addenda, or amendments shall also be posted on Buzzsaw. Proposers' questions should be in writing and emailed directly to the Project Manager, below. The City does not assume responsibility for not receiving questions from the Proposers or the Proposers' receipt of any answers, addenda, or amendments placed via Buzzsaw. City of Fort Worth Lake Worth Trail Page 13 of 50 CMAR RFP—One Step 3. Qualifications Packet: Each Packet should be prepared simply and provide a straightforward and concise description of the Proposer's ability to perform the required CMAR services. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the City's needs. Vague or misleading statements will be viewed unfavorably. 4. Modifications to Submissions: No modifications to materials that have been submitted to the City are allowed. 5. Disclosure of Proprietary Information: All materials submitted to the City become public property and are subject to the Texas Public Information Act upon receipt. If the Proposer does not desire submitted information that it considers to be proprietary to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, but only to the extent allowed by law, endeavor to protect such information from disclosure. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. City will notify any and all Proposers if a Public Information Act request is received to allow a Proposer to prepare its own response to protect its proprietary material beyond that which the City is allowed. 6. Costs of Preparing Qualifications Packet and/or Proposal: All costs of preparing the Qualifications Packet and/or Proposal shall be the sole responsibility of the person or entity submitting the information. 7. Further Information and Questions: Information requests and questions must be submitted in writing and e-mailed no later than May 10, 2016 at 5:00 pm. Responses to all requests and questions will be emailed to the Proposers and posted to Buzzsaw by May 12, 2016 at 5:00 pm. Please direct all questions regarding this RFP with "CMAR RFP" in the Subject Line to: Thomas Alves Fort Worth Park and Recreation Department 4200 S Freeway, Suite 2200 Fort Worth, Texas 76115-1499 Thomas.Alves(aD-fortworthtexas.gov 8. Anti-Lobbying. Proposers submitting Qualifications and/or Proposals are prohibited from directly or indirectly communicating, electronically (email, text, social media, etc.), by phone or in person, with any City of Fort Worth representative, employee or elected official regarding this RFP except as provided herein for requests for further information. City of Fort Worth Lake Worth Trail Page 14 of 50 CMAR RFP—One Step 9. Submission of Qualifications Packet: Submission Packets (" Packets") must be printed on letter-sized (8.5 inch by 11 inch) paper. Sheets as large as 11 inch by 17 inch may be used for graphics. Sections should be divided by tabs for ease of reference. The Packet shall have no more than 30 printed pages (not including the required forms to be used for experience) using 10 pt. font or larger for the text. Resumes of key personnel may be included in an appendix, if desired, not to exceed an additional 25 pages. Each copy of the Packet must be bound to ensure that pages are not lost. One (1) original, one (1) electronic (PDF or equivalent) and four (4) paper copies shall be submitted. An original signature must appear on the submittal letter. Please mark the document with the original signature as "ORIGINAL" and indicate "COPY" on the paper copies. 10. Receipt of All Proposal Packets: Sealed envelope or container marked on the outside with Lake Worth Trail Project CMAR PROPOSAL City Project Number C-01920 and the Proposer's name and address. Electronic or facsimile submittals will not be accepted. Packets may be mailed or delivered (during normal business hours in person, by courier, an express delivery service or USPS Express Mail) to: City of Fort Worth Purchasing Department ATTN: Thomas Alves 1000 Throckmorton Street Fort Worth TX 76102 Sealed proposals will be received at the Purchasing Division until 1:30 p.m. CST, Thursday, May 19, 2016, and then publicly acknowledged at 2:00 p.m. CST in the City Council Chambers with the name of the Proposers and the proposed fees and prices for fulfilling the general conditions being read aloud. 11. Pre-Proposal Meeting: A pre-proposal meeting will be held on May 3, 2016, 10:00 a.m. at YMCA Camp Carter property entry at 6086 Anahuac Avenue, Fort Worth, Texas 76114-2461 . A project site visit/tour will be conducted immediately following the pre-proposal meeting. The site visit/tour will involve some driving and significant amount of hiking over rough terrain along the preliminary trail route. The site visit/tour portion may take up to approximately 4 hours. If attending site visit/tour, plan accordingly and dress appropriately, also for site visit/tour planning an RSVP is requested by 10:00 a.m. on Monday, May 2, 2016. Please RSVP via email to Thomas Alves — thomas.alves(a)fortworthtexas.gov City of Fort Worth Lake Worth Trail Page 15 of 50 CMAR RFP—One Step 12. Conflict of Interest Questionnaire and Form 1295: Each Proposer must complete and submit directly to the City Secretary's Office, an original Conflict of Interest Questionnaire included in the RFQ as Exhibit E. If a Proposer already has a Conflict of Interest Questionnaire on file with the City Secretary's Office, a Proposer may so certify to that fact. The successful Proposer shall, prior to contract award, be required to submit Texas Ethics Commission Form 1295 to the Project Manager. 13. Financial Statement: Proposers should provide one copy of an audited financial statement from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to-date financial statements. The single financial statement should be submitted with the original proposal, and may be provided in a separate sealed envelope. Section 6: Content of Proposal and Evaluation Criteria Proposers shall submit complete responses to all requirements described in this RFP. Although concise submittals are preferred, proposals must be sufficiently detailed to demonstrate that the Proposer can successfully deliver the CMAR scope of services, outlined in SECTION 4 CMAR SERVICES. All items in all tabs shall be included in each copy of the Proposal. Proposals containing incomplete information will be rejected. A. Content of Qualifications Packet The Qualifications Packet must contain the following information: 1. A general description of the Entity or Person that is submitting qualifications to be considered for the CMAR services. Explain the organization and provide an organizational chart(s) showing proposed Project personnel. If it is a joint venture, specify percentage control of each company. 2. A description stating the understanding of the CMAR services to be performed for the Project, the commitment to perform the CMAR services within the time periods allocated (see Sec. 4.13.), and a statement why the Proposer believes it to be the best qualified firm. 3. The Proposer must identify all key personnel for the proposed Project team including Project Manager, Superintendent and management staff and their location, as well as, partners, managers, other supervisors and specialists, who would be assigned to the Project. Include the specific staff members of any sub-consulting firms that are proposed to be assigned to this Project. For each key person identified, list their length of time with the Proposer and at least three comparable projects in which they have played a primary role. Indicate whether each such person is registered or licensed to practice in Texas, if State law requires licensing or City of Fort Worth Lake Worth Trail Page 16 of 50 CMAR RFP—One Step registration. If a project selected for a key person is the same as one selected for the Proposer, provide just the project name and the role of the key person. For other projects provide the following on the forms attached as Exhibit C: • Description of Project; • Role of the person; • Project's original contracted construction cost and final construction cost; Project's original contracted construction schedule and actual construction schedule; • Project date and project owner with reference information (two current names with telephone numbers per project) 4. The Proposer shall identify at least three similar park trail projects that include trailhead parking lots and pedestrian bridges over waterways in which the Proposer served as CMAR or Construction Manager during design and construction phases or as General Contractor (declare whether self- performing under CMAR). Special consideration will be given to firms that have provided CMAR services on similar successful projects. For each project, provide the following information on the form attached as Exhibit B (making copies as necessary): • Description of the project; • Role of the Proposer specifying whether CMAR, Construction Manager or General Contractor. If CMAR or General Contractor, identify the percent of work self-performed. Also specify services provided during design phase, (i.e., cost estimating, scheduling, value engineering, etc.); • Project's original contracted construction cost and final construction cost; Project's original contracted construction schedule and actual construction schedule, • Project date and project owner with reference information. i) Provide audited financial statements from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to-date financial statements. B. Evaluation Criteria 1. Not later than the 7th day following the opening of the Qualifications Packet, the City will evaluate and rank each Proposer based on the Evaluation Criteria listed below to determine which Proposer offers the best value to the City. The Qualifications Evaluation Criteria shall be applied equally to all Proposers and shall be the basis for the selection of the most qualified Proposer. The City reserves the right to conduct interviews with the top three ranked Proposers prior to making its final selection. City of Fort Worth Lake Worth Trail Page 17 of 50 CMAR RFP—One Step 2. Qualifications evaluation criteria shall consist of: The form for evaluation criteria is attached hereto as Exhibit J. 3. The Proposal must contain the following information in the following order: a. Cover Letter - Pass/Fail - Not included in page count • The Proposer's one-page cover letter should clearly state that the Proposal is valid for 90 days from May 19, 2016 and should be signed by an individual with authority to commit the Proposer to the Project. The 90-day period applies to the Exhibit K. b. Forms and Certifications - Pass/Fail - Not included in page count • The Forms and Certifications in Exhibits A — F are attached for use in documenting compliance with the City's procurement process, MBE requirements and for use in preparing the Proposer's Price Proposal. c. Proposer's Corporate Experience and Financial Stability- (20 point maximum) — Included in page count (Not to exceed 3 pages) • The Proposer shall provide information in a tabular format, for park or construction projects of similar size, and scope, including project durations for projects completed or currently in progress for all owners within the past ten years. • A minimum of three projects shall be presented that best represent the Proposer's relevant, demonstrated experience and services requested for the Project. The total number of projects shall not exceed six. • The Proposer shall identify its experience in the performance of Pre-Construction Services which will be required on this project, specifically (1) working with design engineers in the preparation of construction documents, (2) value engineering reviews, (3) preparing cost estimates on partially completed construction documents, (4) project scheduling, and (5) developing GMP. • The Proposer shall identify the major work elements/trades of a typical project and identify if the Proposer has the capability to self-perform such elements/trades and identify those elements/trades which it normally self-performs. The listing of major work elements/trades should include, at a minimum, demolition/clearing, site grading, concrete work, masonry, bridge construction, and utility work and revegetation methods. d. Pricing of CMAR Services - 20 points maximum — Included in page count (Not to exceed 2 pages) City of Fort Worth Lake Worth Trail Page 18 of 50 CMAR RFP—One Step • Provide the Pre-Construction Phase Services Fee on Exhibit I — Construction Budget and Fee Proposal. e. Qualifications and Experience of Key Personnel (CMAR and Non-CMAR) - 25 points maximum — Included in page count (Not to Exceed 5 pages) • Overall qualifications of the Proposer's Key Personnel to perform the required Pre-Construction Phase Services and Construction Phase Services shall be provided. • Additional information to be provided on Key Personnel should include roles and major responsibilities and their experience with CMAR or Non-CMAR project delivery including value engineering, constructability reviews and (Pre-Construction Phase and Construction Phase Services) and other general pre-construction services, general construction or construction management experience. • Include a statement that proposed Key Personnel will be dedicated and available for the performance of the Project. Also, state the amount of time on a percentage basis each Key Personnel will spend during the Pre-Construction Phase and Construction Phase Services. Proposer shall indicate where Key Personnel have worked together on prior projects. • Proposer shall provide an organizational chart showing all Key Personnel and other personnel (either by name or job category) for both Pre-Construction Phase and Construction Phase Services. • The Proposer will provide a client reference for the three projects listed using Exhibit F. f. Project Approach- 50 points maximum — Included in page count (Not to exceed 12 pages) Pre-Construction Services — 15 points maximum • Describe the approach to the successful completion of the Pre- Construction Phase Services. Discuss the potential benefits from these activities to the overall Project. Use examples from prior efforts to prove benefits. Identify any specialize skills or special consideration that Proposer will be able to provide City of Fort Worth Lake Worth Trail Page 19 of 50 CMAR RFP—One Step Construction Approach — 15 points maximum • Describe the approach to the successful completion of the Construction Phase Services and identify any specialized skills or special considerations that Proposer will be able to provide. Use specific examples. • Describe in detail how Proposer will coordinate CMAR tasks with that of subcontractor's tasks, the Owner, Design Engineer and other professional services that may be involved in the Project (inspection, materials testing, etc.) QA/QC and Safety Plan - 5 points maximum • Describe in detail in no more than 3 pages how you will develop and implement your quality assurance/quality control and safety plans to achieve a successful project. Cost and Schedule Control - 15 points maximum • Provide a cost sheet breakdown (pages do not count) and describe in detail in no more than 3 pages, how Proposer will manage and control costs and schedule. Discuss change management process and how Owner initiated requests will be addressed. g. Compliance with the Business Diversity Enterprise Ordinance — Minority Business Enterprise Participation- 5 point maximum — Included in page count (Not to exceed 1 page) • The maximum points will be determined based Proposer's response to Item 25 in the Pre-Construction Services (page 7) and, the Proposer's acknowledgement of and commitment to meeting the overall diverse MBE goal and commitment to timely submitting and following the Plan (as defined above) as well as presentation of evidence of the Proposer's business diversity procurement practices. h. Special Consideration 10 point maximum • Points will be given to firms that have provided CMAR services on similar successful projects but not limited to hike/bike trails, trailheads, and park and/or pedestrian bridges. 4. Review of Proposals, Negotiation and Release of Information The City will select the Proposer providing the best value to the City and will attempt to negotiate a Contract with that entity. If negotiations City of Fort Worth Lake Worth Trail Page 20 of 50 CMAR RFP—One Step fail, the City will end the negotiations in writing and commence negotiations with the next-ranked Proposer until a Contract is negotiated or all candidates are rejected. No later than seven days after the City Council authorizes execution of the CMAR Contract, the City will document the basis of its selection and make the evaluations public. This may occur simultaneous with the award of the CMAR Contract. C. Guaranteed Maximum Price (GMP) 1. The GMP will be established during the Pre-Construction Phase Services based on bids received by the CMAR for the various works packages. Early works packages may be allowed upon request. A Notice to Proceed to full construction shall not be issued until the GMP is established. The CMAR assumes the risk of completing the Work for the GMP and within the allotted Contract time. Cost sharing arrangements, if any, will be negotiated in the Contract. 2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended) of the Texas Government Code. This statute, among other things, requires all contractors and subcontractors performing public works contracts for a municipality to: • pay the prevailing wage rate as determined by the municipality; • keep records of the name and occupation of each worker, laborer and mechanic employed by them to work on the Project and the actual per diem wages paid to each; and • forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or mechanic who is not paid the stipulated wage for the type of work performed by him as required by the Labor Classification and Minimum Wage Scale. The City is authorized to withhold the penalty amount from the CMAR's payment, as provided in the statute. • The prevailing wage rates for this Project must be included in the GMP calculation and are attached hereto as Exhibit "K". D. CMAR Fees The CMAR Fees will be evaluated as part of the CMAR selection process. A Proposer must express its Pre-Construction Phase Services Fee and Construction Phase Services Fee in the Proposal on the form attached as Exhibit I. City of Fort Worth Lake Worth Trail Page 21 of 50 CMAR RFP—One Step Section 7: Award and Execution of Contract A team comprised of City's staff will apply the Evaluation Criteria set forth in this RFP to rank all the Proposers. Staff will attempt to negotiate a contract with the top ranked, best-value Proposer and will follow the steps outlined in Tex. Gov't Code 2269.254 prior to recommending that the City Council award a Contract to a specific Proposer. The initial notice to proceed will be for the Pre-Construction Phase Services. The City may or may not elect to proceed with the Construction Phase Services, at the City's sole and exclusive discretion. The Contract will contain a termination clause that allows the City to terminate the Contract after the each phase of services without penalty. Section 8: Bonds and Insurance Performance and Payment Bonds. If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the Estimated Construction Budget, as specified in this RFP and on a form acceptable to the City. The CMAR shall deliver the bonds not later than the 10th day after the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other financial security acceptable to the City to ensure that the CMAR will furnish the required performance and payment bonds when a guaranteed maximum price is established. If any Maintenance Bonds are required, said bonds shall be provided or procured by the CMAR and shall be in the name of and in favor of the City. All payment, performance and maintenance bonds issued with respect to this section shall be provided by a surety authorized to do business in the State of Texas and in accordance with Texas Gov't Code 2253. The insurance requirements are specified in the attached Exhibit G. Section 9: Miscellaneous A. The CMAR will not perform any phase of services until the City provides the CMAR with written notice to proceed with that phase. The City may determine not to proceed with any and/or a portion of the Construction Phase Services, at the City's sole discretion. B. To comply with Article 11 , Sec. 5 of the Texas Constitution, the City will include the following funding provision in the Contract: "Notwithstanding any other provisions of this Contract, if this Contract provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Contract begins and the City of Fort Worth Lake Worth Trail Page 22 of 50 CMAR RFP—One Step City's City Council fails to appropriate funds to make the payments, then this Contract automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments." Section 10: Proposed Schedule The following schedule is planned. Publication of Request for Proposals (1st) 21 April 2016 Publication of Request for Proposals (2nd) 28 April 2016 RSVP for Site Tour (10:00 AM) 2 May 2016 Pre-Proposal Meeting (10:00 AM) 3 May 2016 Deadline for Comments (5:00 PM) 10 May 2016 Responses Posted (5:OOPM) 12 May 2016 CMAR/RFP Submittals Due (1:30PM) 19 May 2016 Evaluation of CMAR 19 - 26 May 2016 Interviews (as necessary) 30 - 31 May 2016 Selection of CMAR 31 May 2016 CMAR Contract Negotiation 1 - 7 June 2016 CMAR Contract Award 28 June 2016 Notice to Proceed (Pre-Construction Phase) 29 June 2016 Pre-Construction Phase Services 29 June 2016 Construction Phase Services (City's Goal) Oct 2016 - Jan 2018 City of Fort Worth Lake Worth Trail Page 23 of 50 CMAR RFP—One Step Map 1 - Project Location LW—d. w4 ,R w�M,r„r' 4 a Msdrn°kE AEkAR fan Mbtlr ,� �1AR .fWEwa�AR OIrPM ' s—lakeW nh S P.rk �W{iy Aw E,u,p Aw EIwp AA LaksWortl, 0 take Worth go ran*Tra Projft�,� ram.Aw sx Rr—Wk. f! Ind h d Al.bn SG Awmw,li9 C.-Wy C], y oro.aa H-1 Ak Sf don J.im I _ s : y4 Hne,R ..e BF vktt—n = tame, a E1e,91 S.kk-d Vol." m wHw 9.mwnex Ra L I Fort Wo .�.. wrm., fartw m a.M �pe $ 'KknDe.An MUaWns bm.w.bn cart.• .�'�'-""w� p WR,owr H,9s Fwd h .letlow.b P�rAti EW�bI � �yrp.AR 1 N [ra.yM wrow.rn • ,a.rAw � ,� _ m r j Wk 5, � w 12 ZOO V U m m.ne.aarw � Map 2 - Site Map ZI ,Ew �{1pp City of Fort Worth Lake Worth Trail Page 24 of 50 CMAR RFP—One Step Exhibit A - Proposal Affidavit TO: City of Fort Worth, Texas FROM: (Proposees Name) FOR:Lake Worth Trail Project Submitted: , 201_ The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Pre- Construction Services and to submit a Guaranteed Maximum Price Proposal to construct the Project in accordance with the said Documents. The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Pre-Construction Services specified, to furnish all labor necessary to complete the Pre-Construction Services in full and complete accordance with the reasonably intended requirements of the Pre- Construction Services Scope of Work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer proposes and agrees, if the Guaranteed Maximum Price Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Construction specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Proposal. By the signature provided below, the signer affirms that the information provided herein is true and correct to the best of his/her knowledge and belief. By: (Signature) Title: Date: Exhibit B — Statement of Experience Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 1 Name of Project: Location: OWNER's Name and Address: OWNER's Contact Person (Print): Phone/Fax No.: f Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date: (Date of Notice To Proceed) Contract Time: ( ) Calendar Days ( ) Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM'S responsibilities, provide a short explanation of each. Exhibit B — Statement of Experience (continued) Project Description and Statement of Relevance to this Project: Exhibit B — Statement of Experience (continued) Project 2 Name of Project: Location: OWNER's Name and Address: OWNER's Contact Person (Print): Phone/Fax No.: / Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date: (Date of Notice To Proceed) Contract Time: ( ) Calendar Days ( ) Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. Exhibit B — Statement of Experience (continued) Project Description and Statement of Relevance to this Project: Exhibit B — Statement of Experience (continued) Project 3 Name of Project: Location:. OWNER's Name and Address: OWNER's Contact Person (Print): Phone/Fax No.: / Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date: (Date of Notice To Proceed) Contract Time: ( ) Calendar Days ( ) Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. Exhibit B — Statement of Experience (continued) Project Description and Statement of Relevance to this Project: Exhibit C — Proposed Project Key Personnel Proposed Project Managers Or anization Doing Business As Name of Individual Years of Experience as Pro'ect Manager Years of Experience with this organization Number of similar proeects as Proiect Number of similar roiects in other Qositions Proiect Experience Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date Reference Contact Information (listing names indicates approval to contacting the names individuals Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate Candidate role on Project role on Project Current Proiect Assiqnments Name of Assignment Percent of Time Estimated Project Used for this Completion Date Proposed Project Superintendent Exhibit C — continued Organization Doin-q Business As Name of Individual Years of Experience as Protect Mana er Years of Experience with this or anization Number of similar proiects as Project Number of similar i2roiects in other DOSitions Similar • - ®- - - Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Contact - Date Date Reference • • • names indicates approval to contacting the names • o uals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate Candidate role on Project role on Project Current Pr61ec_t_Assiqnments Name of Assignment Percent of Time Estimated Project Used for this Completion Date Proposed Project Safety Officer Exhibit C — continued Or anization Doing Business As Name of Individual Years of Experience as Project Mana er Years of Experience with this organization Number of similar promects as Project Number of similar grojects, in other ositions Similar Project .- - - Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date nqtp Reference Contact Information (listing names indicates approval to contacting the names I individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate Candidate role on Project role on Project Project Current - Name of Assignment Percent of Time Estimated Project Used for this Completion Date Proposed Project Quality Control Manager Exhibit C — continued Or anization Doing Business As Name of Individual Years of Experience as Protect Manager Years of Experience with this organization Number of similar promects as Project Number of similar Qroiects in other oositions Similar Proiect Experience Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate Candidate role on Project role on Project Current . _ Name of Assignment Percent of Time Estimated Project Used for this Completion Date Exhibit D - Exceptions to Agreement Comment Location in Suggested Alternate Number CMAR Exception and Rationale Language Agreement 1 2 3 4 - 5 6 _ i 7 8 9 10 11 12 13 14 15 16 Exhibit E — Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflants r_hangas made to the lawn bi! H B 1491, Uth Len, Gegular Session OFFICELISEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a.). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of farts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006. Local Government Code.An offense under this section Is a Class C misdemeanor 11 Name of person who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the elate the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name otlocai government ottrcer wun wham nier nos employrment or ausiness relationship. Name of Officer This section (item 3 including subparts A, B, C; & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a). Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income. from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income if, not received from the local governmental entity? Yoe No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. a Signature of person doing business with the governmental entih! Date Exhibit F - Client Reference Form Project Name: Owner's Name: Owner Contact's Phone Number: Owner's Contact Name & Title: Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc. Engineer/Architect/Construction Manager's Name: Engineer/Architect/Construction Manager's Phone Number: Engineer/Architect/Construction Manager's Contact Name & Title: Original Contract Value / GMP of Project: Cost Savings Identified: Final Contract Value of Project: Project Description: Original Project Duration: Original Project Completion Date: Actual Project Completion Date: Explanation for later project completion date or contract value overrun, if applicable: List Major Subcontractor's; names, contact phone numbers List Major Material Suppliers' names, contact phone numbers Exhibit G - Bond and Insurance Requirements Pre-Construction Phase Services: For Pre-Construction Phase Services, the following insurance requirements are expected. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Construction Phase Services: Bonds and Insurance details to be issued as an addendum Construction Phase Bonds and Insurance: It is expected that Construction Phase Bonds and Insurance shall be similar to current City requirements for Construction Contracts and are available on Buzzsaw. Exhibit H — Safety History Table 2015 2014 2013 A Total Number of Field Man-Hours B Number of Recordable Incidents with no lost time accidents C Number of Recordable Incidents with lost time accidents Total Recordable Incident Rate (TRIR) D (B+C) x (200,000) /A E Number of Fatalities F Published Experience Modification Rate (EMR) Provide documentation to support the above Experience Modification Rate information. Either of the following methods are acceptable: • Letter from insurance agent, insurance carrier, or appropriate government agency (on their letterhead) verifying the modification rate. • Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 300 logs for each of the past three years. Exhibit I - Construction Budget and Fee Proposals The City's Estimated Construction Budget for this Project is: $ 5,641,560.00 City's Budget: $ 626,840.00 (city's contingency, inspection, material testing and project administration) Total Project Budget: $ 6,268,400.00 Proposer's Fees Pre-Construction Services Minimum Fee $40,000.00 Additional Fee (Proposer's discretion, $ cannot be negative) Total Pre-Construction Services Fee $ Construction Services Management Fee (expressed as a % percentage of GMP Additional Cost Sharing if an $ Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. Exhibit J — Evaluation Criteria Weighted Evaluation Criteria Value 1. Cover Letter Pass/Fail 2. Forms and Certifications Pass/Fail 3. Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience, including safety record, self-performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history of completing Maximum 20 projects on time. The Firm can demonstrate relevant and recognized project delivery experience points through using various project delivery techniques and best practices. The Firm explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. 4. Pricing of CMAR services (Pre-Construction Services Fees) Maximum 20 points E. Qualifications and Experience of Key Personnel: Demonstrated results and success with of projects of similar size and scope (CMAR and Non-CMAR Experience): Proposer's relevant experience in project delivery including: value engineering, constructability reviews, value analysis and best practices in construction delivery methods (design/bid/build, construction management at risk and design-build)and associated Pre-Construction Services. The team's value proposition is clearly communicated through experience, results and assigned roles and responsibilities. Maximum 25 points CMAR and non-CMAR experience is recognized when the team can demonstrate experience in various delivery techniques and, explain the benefits of that experience in terms of value for the City's project. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. F. Project Approach Pre-Construction Services: Team's approach to performing pre-construction phase services, Maximum 15 integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet points or exceed delivery timeline. Construction Approach: Team's approach to quality assurance/quality control during Maximum 15 construction, approach to dealing with change orders from sub-contractors, dealing with delivery points impacts (i.e. adverse weather, operational issues, etc.), working with stakeholder and customer communities, and achieving project close-out to meet or exceed construction timeline. QA/QC and Safety Plans: Demonstrated development and implementation of Quality Assurance/Quality Control and Safety Plans to achieve successful projects. Maximum 5 points Cost and Schedule Control: Submission of a GMP that has Managed and controlled costs and schedules with a change management process. Addressed Owner-initiated requests. Maximum 15 points G. Compliance with the Business Diversity Enterprise Ordinance— Minority Business Enterprise Participation: CMAR provides track record of proven results in meeting MWBE Maximum 5 commitments on other projects. CMAR demonstrates approaches to engage MWBE points community for meaningful roles during construction phase. H. Special Consideration for Successful CMAR services contracts Maximum 10 points Proposer's responsiveness to Request for Proposal Yes/No TOTAL Exhibit K — Prevailing Wages (Available on Buzzsaw, see directory: Resources/02-Construction Documents/Specifications/Div 00-General Conditions) 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 Attachment 1 Construction Manager-At-Risk Agreement (Available on Buzzsaw, see project directory: PACS/01920 — Lake Worth Trail — Phase I/CMAR RFP) Attachment 2 General Conditions for CMAR Project (Available on Buzzsaw, see project directory: PACS/01920 — Lake Worth Trail — Phase I/CMAR RFP) ATTACHMENT B CMAR's Written Proposal CMAR-CFW FOR: C01920 Page 11 of 13 1 1 ® ` A S Ar LA WORTH TRAIL PROJECT 41 _V; Ir 10 r JR —�� ./ �—yam—. y�' a �_A-'r°, 3.F•. � �_ ` F r a i• a � V'� -5y�. �~ �"+ �'��. - �-�y ��_T v, a ! _ i, _w" COPY HAYDON BUILDING CORP 8200 Springwood Drive, Suite 230 Irvinq, Texas 75063 972.739.6405 tel 1 972.999.4609 fax www-haydonbc,com May 19, 2016 41) City of Fort Worth Purchasing Department ATTN: Thomas Alves u Y�� 1000 Throckmorton Street H 1 Fort Worth TX 76102 RE: Request for Proposals, Construction Manager at Risk, RFP 0001 City of Fort Worth, Lake Worth Trail - Phase I, Project No. C-01920 Dear Selection Panel Members: On behalf of Haydon Building Corp, we would like to thank you for the opportunity to submit our response to your Request for Proposal. We are eager to continue forging our relationship with the City of Fort Worth and become a member of this project team. Your Lake Worth Trail project is an excellent fit for the Haydon team we have proposed. Approach to Your Project: We have investigated your project through multiple site-visits, analysis of site accessibility, detailed plan reviews, discussions with key stakeholders, and coordination with bridge suppliers and crane servicers. As a result, we have developed a great understanding of your unique project requirements and are confident that the Haydon team will provide the most value on your project. In addition, we understand that minimizing impacts to park users, looking for cost savings, mitigating risks, and reducing the overall project schedule will be critical to the success of this project. Our approach during pre-construction will account for each of these aspects and mitigate upfront risks prior to construction. We will adopt a core phasing approach that includes working in two segments of the trail concurrently. This approach will allow us to expedite the overall project schedule and reduce costs respectively. Initially, our focus will be construction of each River Bridge while working concurrently on the Trail near the underpass of Loop 820-working east around Lake Worth as we complete each segment of the Trail. CMAR Experience: Haydon offers a reputation for outstanding quality, schedule management, and a culture that values customer satisfaction above all else. Our culture of customer satisfaction is derived from our extensive experience with the CMAR delivery method. On over 150 CMAR and alternative delivery projects, we have never failed to negotiate a GMP nor have we exceeded a GMP. In order to be a good team member with the City and Freese and Nichols, we must be creative, flexible, trustworthy, and adaptable. By culturally embracing all of these traits and utilizing our CMAR experience to partner with the City of Fort Worth, our goal is to make this project a model for success. The Haydon Team: The key personnel we have proposed have extensive project experience working together as a team, and are all fully committed to meeting your quality and schedule expectations. Each tearn member was selected based on their extensive experience on projects with pedestrian bridges over waterways, trail aspects, major park features, and unique accessibility aspects. The team will be led by Pre-Construction Manager David Laughlin and Construction Project Manager Matt Tinch, each of whom have significant experience working on similar projects. This proposal is valid 90 days from May 19, 2016. This 90-day period applies to the entire proposal, including Exhibit K. We acknowledge that we have received all addenda and notifications to date. We have included an audited, proprietary financial statement from the years 2015 and 2014 with our original proposal in a separate sealed envelope. If you have any questions on this proposal, please contact me at (602) 695-9931 or e-mail meklurd @haydonbc.com. Sincerely, x,-,�, /c 2 <-I, Mark Eklund, Vice President (Authority to Bind) HAYDON BUILDING CORP Haydon Building Corp 8200 Springwood Dr.,Ste.230 Irving, Texas 75063 Tel 972. 739.6405 Fax 972. 264. 1922 EXHIBIT A - Proposal Affidavit TO: City of Fort Worth, Texas FROM: Haydon Building Corp (Proposer's Name) FOR: Lake Worth Trail Project Submitted: May 19, 2016 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Pre- Construction Services and to submit a Guaranteed Maximum Price Proposal to construct the Project in accordance with the said Documents. The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Pre-Construction Services specified, to furnish all labor necessary to complete the Pre-Construction Services in full and complete accordance with the reasonably intended requirements of the Pre- Construction Services Scope of Work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer proposes and agrees, if the Guaranteed Maximum Price Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Construction specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Proposal. By the signature provided below, the signer affirms that the information provided herein is true and correct to the best of his/her knowledge and b lief. By: (signature) Title: Vice President Date: May 19, 2016 CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT B - Statement of Experience Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 1. Name of Project: Pedestrian Bridge at Lizard Acres Wash Location: Surprise,AZ OWNER's Name and Address: City of Surprise. 16000 N. Civic Center Plaza Surprise AZ 85347 OWNER's Contact Person (Print): _Suneel Garg, Civil Engineer Phone/Fax No.: Phone: (623) 222-6130 / Fax: (623) 222-7001 Initial Contract Price / Final Contract Price: $260.000 /1272.415 (increase due to owner-added scope for lighting and sidewalks) For Design Projects, Construction Cost: Final Construction Cost: $272.415 Contract Start Date: (Date of Notice To Proceed): 09/10/2009 Contract Time: (180) Calendar Days: (124) Working Days Contract Substantial Completion Date: March 19, 2010 Actual Substantial Completion Date: March 19. 2010 (project completed on-time) If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. The project was completed on-schedule. Project Description and Statement of Relevance to this Project: Scope included providing a 10-foot wide and 125-foot long pedestrian bridge across Lizard Acres Wash. The general vicinity of the project was located between a combination of subdivisions, businesses, and vacant lots. Runoff from the surrounding site drains into Lizard Acres Wash and a baseball field. This project improved.pedestrian connectivity of the city-wide trail system, connecting neighborhoods, parks, commercial and employment centers, and public facilities within the original town site of the City of Surprise. Additional Information: Role of the Proposer: Design/Builder Percent Self-Performed: 80% Self-Performed Services Provided during Design: Cost Estimating, Constructability Reviews, Value Engineering, Team Meetings, Sub Meetings, Safety Plan, Scheduling, Sequencing, ASI, CCD & Proposal Requests, Submittal Review & Processing. RFI Validation, Updates, Quality Assurance / Quality Control CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT B - Statement of Experience (continued) Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4.Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 2. Name of Project: Sonoran Boulevard CMAR (23rd Avenue to Cave Creek Road) Location: Phoenix, AZ OWNER's Name and Address: City of Phoenix. 1034 E Madison, Phoenix AZ 85034 OWNER's Contact Person (Print): _Melody Moss, PE Phone/Fax No.: Phone: 602) 262-4055 / Fax: (602) 495-3670 Initial Contract Price: Final Contract Price: $38.OM /$40.OM For Design Projects, Construction Cost: Final Construction Cost: $40.01VI (increase due to owner- added scope) Contract Start Date: (Date of Notice To Proceed): 12/01/2010 Contract Time: (1140) Calendar Days: (815) Working Days Contract Substantial Completion Date: 03/2013 Actual Substantial Completion Date: 03/2013 (project completed on schedule) If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. Project completed on schedule.As funding surfaced,the Owner added $2.0 million of new trailhead with parking lots and ramadas. Project Description and Statement of Relevance to this Project: This 7.5 mile roadway spans across ASLD land and park preserve. The project includes 3 roadway bridges on the Sonoran Boulevard alignment: Apache Wash (318-foot, 3-span, Type V AASHTO pre- cast girders), Secondary Wash (206-foot, 2-span. Type V AASHTO pre-cast girders) and Cave Creek Primary (430-foot. 4-span. Type V AASHTO pre-cast girders). 10 pre-fabricated pedestrian bridges, 23 box culverts,anAPS duct back, multiple GMP phasing, mass earthwork balancing,extensive stakeholder coordination, underground utilities, grading and paving, a shared use path, and beautification corridor. Additional Information: Role of the Proposer: CMAR Percent Self-Performed: 7% work self-performed Services Provided during Design: Cost Estimating, Constructability Reviews, Value Engineering, Team Meetings Sub Meetings, Safety Plan Scheduling Sequencing ASI CCD & Proposal Requests Submittal Review & Processing RFI Validation, Updates, Quality_Assurance / Quality Control QHAYDON EXHIBIT B - Statement of Experience (continued) Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 3. Name of Project: 1-30 Park & Ride D/B/B Location: Grand Prairie, TX OWNER's Name and Address: TxDOT. 1424 High Meadows Way, Cedar Hill, TX 75104 OWNER's Contact Person (Print): Willie Bolden, PE. Construction Engineer Phone/Fax No.: Phone: (214) 317-0012 / Fax: Not available Initial Contract Price / Final Contract Price: $14.7M / $17.2M For Design Projects, Construction Cost: Final Construction Cost: $17.2 M Contract Start Date: (Date of Notice To Proceed): 04/19/2011 Contract Time: (701 - Original: 1034 - Owner-Revised) Calendar Days: (491) Working Days Contract Substantial Completion Date: 03/11/2013 Actual Substantial Completion Date: 03/11/2014 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. Project was completed on the owner-revised schedule. TxDOT added contract time for design changes. ONCOR utility delays, and the owner-revised scope. TxDOT also increased the contract amount respectively. Project Description and Statement of Relevance to this Project: This project includes improvements to and along Interstate 30 (Tom Landry Highway). Features include eastbound and westbound frontage roads, access ramps at Belt Line Road and MacArthur Boulevard, and a full-scale park & ride facility. The scope of work includes the installation of potable water, storm drain systems, structural retaining walls, paving, electrical, landscaping, hardscaping, signage and pavement markings newpedestrian shelter canopy and construction of a new U-turn underthe MacArthur overpass bridge. Additional Information: Role of the Proposer: General Contractor Percent Self-Performed: 60% Self-Performed Services Provided during Design: N/A(Design/Bid/Build CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-M920 EXHIBIT B - Statement of Experience (continued) Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 4. Name of Project: Pedestrian Bridge Over the New River at Rio Vista Park D/B Location: Peoria, AZ OWNER's Name and Address: City of Peoria. 8401 W. Monroe Street, Peoria, AZ 85345 OWNER's Contact Person (Print): _Edward Striffler. RA, LEED AR Design & Construction Manager Phone/Fax No.: Phone: (623) 773-7721 / Fax: (623) 773-7211 Initial Contract Price/ Final Contract Price: $1.1M / $1.1M (project completed on-budget) For Design Projects, Construction Cost: Final Construction Cost: $1.1M Contract Start Date: (Date of Notice To Proceed): 03/07/2007 Contract Time: (275) Calendar Days: (182) Working Days Contract Substantial Completion Date: 12/07/2007 Actual Substantial Completion Date: 11/30/2007 (project completed ahead of schedule) If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. The project was completed ahead of schedule. Project Description and Statement of Relevance to this Project: To connect the new recreation center with the adjacent park and veterans' memorial. Haydon constructed a pedestrian bridge with drilled shaft foundation, cast-in-place abutments. 300' pre- fabricated steel bridge with cast-inplace concrete deck. The new pedestrian bridge connects the residential community to the city park. Additional Information: Role of the Proposer: Design/Builder Percent Self-Performed: 50% Self-Performed Services Provided during Design: Cost Estimating, Constructability Reviews, Value Engineering, Team Meetings, Sub Meetings, Safety Plan, Scheduling, Sequencing, ASI. CCD & Proposal Requests Submittal Review & Processing. RFI Validation, Updates, Quality Assurance / Quality Control ©HAYDON EXHIBIT B - Statement of Experience (continued) Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 5. Name of Project: Western Canal Multi-Use Path Location: Tempe,AZ OWNER's Name and Address: City of Tempe. 20 E. Sixth Street, Tempe AZ 85281 OWNER's Contact Person (Print): Eric Iwersen, Transportation Planner/ Community Liaison Phone/Fax No.: Phone: (480) 350-8810 / Fax: (480) 350-8591 Initial Contract Price/ Final Contract Price: $ 9.5M / $ 9.5M For Design Projects, Construction Cost: Final Construction Cost: $9.5M Contract Start Date: (Date of Notice To Proceed): 12/01/2008 Contract Time: (516) Calendar Days: (504) Working Days Contract Substantial Completion Date: 04/30/2010 Actual Substantial Completion Date: 02/23/2010 (project completed ahead of schedule) If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. The project was completed ahead of schedule. Project Description and Statement of Relevance to this Project: This project includes 5.5-miles of multi-modal urban trail, multi-use lighted concrete trail. 24 separate "nodes" of stylized architectural concrete, decorative gateway entrances to the trail from neighborhood areas, path surface demolition, extensive landscaping, elevated tee boxes with boulder rock walls, grading, drainage, and paving. Additional Information: Role of the Proposer: CMAR Percent Self-Performed: 48% Self-Performed Services Provided during Design: Cost Estimating, Constructability Reviews, Value Engineering, Team Meetings, Sub Meetings, Safety Plan, Scheduling, Sequencing, ASI. CCD & Proposal Requests, Submittal Review & Processing. RFI Validation, Updates, Quality Assurance / Quality Control CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-00920 EXHIBIT B - Statement of Experience (continued) Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 5.2.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 6. Name of Project: Rio Vista Park Phase 2 Location: Peoria,AZ OWNER's Name and Address: City of Peoria. 8401 W. Monroe Street, Peoria AZ 85345 OWNER's Contact Person (Print): Edward Striffler. RA. LEED AP. Design & Construction Manager Phone/Fax No.: Phone: (623) 773-7721 / Fax: (623) 773-7211 Initial Contract Price / Final Contract Price: $ 8.OM /$ 8.OM (project completed on-budget) For Design Projects, Construction Cost: Final Construction Cost: MOM Contract Start Date: (Date of Notice To Proceed): 12/15/2005 Contract Time: (229) Calendar Days: (165) Working Days Contract Substantial Completion Date: 10/23/2006 Actual Substantial Completion Date: 10/23/2006 (project completed on-schedule) If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. The project was completed on-schedule. Project Description and Statement of Relevance to this Project: This award-winning 22-acre district park includes an urban lake, lighted soccer fields, lighted baseball fields, playground structures, memorial garden, maintenance building, concession/restroom building, lighted parking lots, automatic irrigation system, perimeter security fencing, and extensive landscaping_ Additional Information: Role of the Proposer: Design/Builder Percent Self-Performed: 5% Self-Performed Services Provided during Design: Cost Estimating, Constructability Reviews, Value Engineering, Team Meetings, Sub Meetings, Safety Plan, Scheduling,_ Sequencing, ASI, CCD & Proposal Requests, Submittal Review & Processing, RFI Validation, Updates, Quality Assurance / Quality Control ©HAYDON EXHIBIT C - Proposed Project Key Personnel Proposed Pre-Construction Manager Organization Doing Business As Haydon Building Corp Name of Individual David Laughlin Years of Experience as Pre-Construction 11 years Manager Years of Experience with this organization 15 years Number of similar projects as Project 22 projects Number of similar projects in other positions 8 projects Similar Project Experience Project Name and Description Initial Contract Final Contract Initial Contract Actual Price Price Completion Contract Date Completion Date City of Surprise - Pedestrian Bridge $260,000 $272,415 03/2010 03/2010 at Lizard Acres Wash - Surprise, (owner-added (completed on AZ I Scope included providing a scope for schedule) 10-foot wide and 125-foot long lighting and pedestrian bridge across Lizard sidewalks) Acres Wash, Role: Pre-Construction Manager City of Phoenix - Sonoran $38.OM $40.OM 03/2013 03/2013 Boulevard CMAR - Phoenix, AZ 13 (owner-added (completed on roadway bridges on ASLD land and scope for new schedule) park preserve, as well as a shared trailhead, use path and beautification corridor. parking lots, Role: Pre-Construction Manager and ramadas) TxDOT - 1-30 Park & Ride - Grand $14.7M $17.2M 03/2013 03/2014 Prairie, TX I Renovations to the (scope (completed on existing 1-30 Freeway corridor increase due owner-revised between Beltline Road and to design schedule) MacArthur Boulevard. changes, Role: Pre-Construction Manager utility delays, and owner- revised scope) Please see David's resume in the Appendix for additional biographical and project detail, as well as a brief overview of his project experience on page 5 of our proposal. EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Pre-Construction Manager Continued Reference Contact • names indicates to contacting the names individuals Name Suneel Garg Name Kelsey Wilson Title/Position Civil Engineer Title/Position Former Senior Marketing Coordinator, now Marketing Manager Organization City of Surprise Organization Atkins Global (formerly PBS&J) Telephone (623) 222-6130 Telephone (702) 263-7275 E-Mail suneel.garg @surpriseaz.gov E-Mail kelsey.wilson @atkinsglobal.com Project Pedestrian Bridge at Lizard Project Pedestrian Bridge at Lizard Acres Acres Wash Wash Candidate Estimating Manager Candidate Estimating Manager Role On Role On Contact Reference • • (listing names indicates • • s • contacting the names individuals Name Melody Moss, PE Name Tony Humphrey, PE Title/Position Project Manager Title/Position Construction Manager Organization City of Phoenix Organization City of Phoenix Telephone (602) 262-4055 Telephone (602) 319-5597 E-Mail melody.moss @phoenix.gov E-Mail tony.humphrey @phoenix.gov Project Sonoran Boulevard CMAR Project Sonoran Boulevard CMAR Candidate Pre-Construction Manager Candidate Pre-Construction Manager Role On Role On Contact Reference • s (listing names indicates • • • • contacting the names individuals Name Willie Bolden, PE Name Tim Abbey Title/Position Construction Engineer Title/Position Chief Inspector Organization TxDOT Organization TxDOT (former) Telephone (214) 317-0012 Telephone (214) 878-7834 E-Mail willie.bolden @txdot.gov E-Mail timothy.abbey @txdot.gov Project TxDOT - 1-30 Park & Ride Project TxDOT- 1-30 Park & Ride Candidate Pre-Construction Manager Candidate Pre-Construction Manager Role On Role On Assignments Current Project Name of Assignment Percent of Time Used Estimated Project for This Completion Date City of Fort Worth Montgomery St-Camp Bowie 20% 09/2019 Blvd to IH 30 ©HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Construction Project Manager Organization Doing Business As Haydon Building Corp Name of Individual Matt Tinch Years of Experience as Construction Project 1.5 years Manager Years of Experience with this organization 4 years Number of similar projects as Project 2 projects Number of similar projects in other positions 3 projects Similar Project Experience Project Name and Description Initial Contract Final Contract Initial Contract Actual Price Price Completion Contract Date Completion Date TxDOT- 1-30 Park & Ride - Grand $147M $17.2M 03/2013 03/2014 Prairie, TX I Renovations to the (scope (completed on existing 1-30 Freeway corridor increase due owner-revised between Beltline Road and to design schedule) MacArthur Boulevard. changes, Role: Project Engineer utility delays, and owner- revised scope) TxDOT- SL 289 Lubbock $26.9M $26.9M 07/2014 07/2014 - Lubbock, TX I Widened1.5 miles (completed on of SL 289 including demolition and schedule) reconstruction of both bridges over North Quaker Avenue. Role: Project Engineer TxDOT- US 62/82 Lubbock County $22AM $22AM 06/2015 06/2015 - Lubbock, TX I Construction of (completed on 12,000 LF of four-lane interstate schedule) and bridge structures. Role: Project Construction Manager Please see Matt's resume in the Appendix for additional biographical and project detail, as well as a brief overview of his project experience on page 5 of our proposal. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Construction Project Manager Continued Reference Contact R names indicates to contacting the names individuals Name Willie Bolden, PE Name Tim Abbey Title/Position Construction Engineer Title/Position Chief Inspector Organization TxDOT Organization TxDOT (former) Telephone (214) 317-0012 Telephone (214) 878-7834 E-Mail willie.bolden @txdot.gov E-Mail timothy.abbey @txdot.gov Project TxDOT - 1-30 Park & Ride Project TxDOT- 1-30 Park & Ride Candidate Project Engineer Candidate Project Engineer Role On Role On Contact Reference •n (listing names indicates approval to contacting individuals Name Will Barnett, PE Name Brian Pope Title/Position Area Engineer Title/Position Inspector Organization TxDOT Organization TxDOT Telephone (806) 748-4466 Telephone (806) 548-4272 E-Mail will.barnett @txdot.gov E-Mail brian.pope @txdot.gov Project SL 289 Lubbock Project SL 289 Lubbock Candidate Project Engineer Candidate Project Engineer Role On Role On Contact Reference • • (listing names indicates e • • • contacting the names individuals Name Edward Sewell, PE Name Mark Alldredge Title/Position Assistant Area Engineer Title/Position Project Manager Organization TxDOT Organization TxDOT Telephone (806) 392-0703 Telephone (806) 548-2204 E-Mail edward.sewell @txdot.gov E-Mail mark.alldredge @txdot.gov Project US 62/82 Lubbock Project US 62/82 Lubbock Candidate Project Construction Manager Candidate Project Construction Manager Role On Role On Current Project Assignments Name of Assignment Percent of Time Used Estimated Project for This Completion Date FM 720 Denton County 80% 04/2017 Collin FM 6 (Josephine TX) 20% 08/2016 ©HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Estimating Manager Organization Doing Business As Haydon Building Corp Name of Individual Mark Eklund Years of Experience as Estimating Manager 40 years Years of Experience with this organization 18 years Number of similar projects as Project 72 projects Number of similar projects in other positions 0 projects Similar Project Experience Project Name and Initial Contract Final Contract Initial Contract Actual Contract Description Price Price Completion Completion Date Date City of Surprise - Pedestrian $260,000 $272,415 03/2010 03/2010 Bridge at Lizard Acres (owner-added (completed on Wash - Surprise, AZ I Scope scope for schedule) included providing a 10- lighting and foot wide and 125-foot long sidewalks) pedestrian bridge across Lizard Acres Wash. Role: Estimating Manager City of Phoenix - Sonoran $38.OM $40.OM (owner- 03/2013 03/2013 Boulevard CMAR - Phoenix, added scope for (completed on AZ 13 roadway bridges new trailhead, schedule) on ASLD land and park parking lots, preserve, as well as a and ramadas) shared use path and beautification corridor. Role: Estimating Manager City of Peoria - Pedestrian $1.1M $1.1 M 12/2007 12/2007 Bridge Over the New River (completed on (completed on at Rio Vista Park D/B - budget) schedule) Peoria, AZ I Pedestrian bridge with drilled shaft foundation, cast-in-place abutments, 300' pre- fabricated steel bridge with cast-in-place concrete deck that connects the residential community to the city park. Role: Estimating Manager Please see Mark's resume in the Appendix for additional biographical and project detail, as well as a brief overview of his project experience on page 6 of our proposal. EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Estimating Manager Continued Reference Contact • names indicates to contacting the names individuals Name Suneel Garg Name Kelsey Wilson Title/Position Civil Engineer Title/Position Former Senior Marketing Coordinator, now Marketing Manager Organization City of Surprise Organization Atkins Global (formerly PBS&J) Telephone (623) 222-6130 Telephone (702) 263-7275 E-Mail suneel.garg @surpriseaz.gov E-Mail kelsey.wilson @atkinsglobal.com Project Pedestrian Bridge at Lizard Project Pedestrian Bridge at Lizard Acres Acres Wash Wash Candidate Estimating Manager Candidate Estimating Manager Role On Role On Contact Reference • • (listing names indicates r • • • contacting the name! individuals Name Melody Moss, PE Name Tony Humphrey, PE Title/Position Project Manager Title/Position Construction Manager Organization City of Phoenix Organization City of Phoenix Telephone (602) 262-4055 Telephone (602) 319-5597 E-Mail melody.moss @phoenix.gov E-Mail tony.humphrey @phoenix.gov Project Sonoran Boulevard CMAR Project Sonoran Boulevard CMAR Candidate Estimating Manager Candidate Estimating Manager Role On Role On approval Reference Contact Information (listing names indicates • contacting the names individuals Name Edward Striffler, RA, LEED AP Name John Kane, AIA Title/Position Design & Construction Mgr. Title/Position Design Principal Organization City of Peoria Organization Architekton Telephone (623) 773-7721 Telephone (480) 894-4637 E-Mail ed.striffler @peoriaaz.gov E-Mail johnkane @architekton.com Project Pedestrian Bridge Over the New Project Pedestrian Bridge Over the New River at Rio Vista Park D/B River at Rio Vista Park D/B Candidate Estimating Manager Candidate Estimating Manager Role On Role On Assignments Current Project Name of Assignment Percent of Time Used Estimated Project for This Completion Date City of Mesa - Southern Avenue Phase 2 CMAR 10% July 2016 City of Mesa - Mesa Drive Improvements Phase 10% July 2017 2 CMAR ADOT- SR303L US-60 Happy Valley Parkway D/B 10% October 2016 @HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Senior Estimator Organization Doing Business As Haydon Building Corp Name of Individual Colleen Martindale Years of Experience as Senior Estimator 5 years Years of Experience with this organization 4 years Number of similar projects as Project 14 projects Number of similar projects in other positions 3 projects Similar Project e Project Name and Initial Contract Final Contract Initial Contract Actual Contract Description Price Price Completion Completion Date Date TOOT- 1-30 Park & $14.7M $17.2M (scope 03/2013 03/2014 Ride - Grand Prairie, TX I increase due (completed on Renovations to the existing to design owner-revised 1-30 Freeway corridor changes, utility schedule) between Beltline Road and delays, and MacArthur Boulevard. owner-revised Role: Senior Estimator scope) TOOT- US-80 & Forney $17.OM $19.2M (scope 06/2013 03/2014 Parkway Bridge - Forney, increase due to (completed on TX Construction of the fberoptic utility owner-revised Forney Parkway Bridge over delays, deck schedule) US-80 and UPRR. design delays, Role: Senior Estimator and owner- driven delays) TOOT- Precinct Line at $10.5M $10.5M 04/2016 04/2016 Walker Branch - Hurst, (completed on (completed on TX I Roadway and bridge budget) schedule) reconstruction and expansion involving a two phase bridge over Walker Branch Creek. Role: Senior Estimator Please see Colleen's resume in the Appendix for additional biographical and project detail, as well as a brief overview of her project experience on page 6 of our proposal. EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Senior Estimator Continued approval Reference Contact Information (listing names indicates . the names individuals Name Willie Bolden, PE Name Tim Abbey Title/Position Construction Engineer Title/Position Chief Inspector Organization TxDOT Organization TxDOT (former) Telephone (214) 317-0012 Telephone (214) 878-7834 E-Mail willie.bolden @txdot.gov E-Mail timothy.abbey @txdot.gov Project TxDOT - 1-30 Park & Ride Project TxDOT- 1-30 Park & Ride Candidate Senior Estimator Candidate Senior Estimator Role On Role On Reference Contact • names indicates to contacting the names individuals Name Renee Walker Name Chris Bruner Title/Position Project Manager Title/Position Chief Inspector Organization TxDOT (Retired) Organization TxDOT Telephone (972) 962-3848 Telephone (214) 893-0794 E-Mail walk3460 @embargmail.com E-Mail christopher.bruner @txdot.gov Project TxDOT - US-80 & Forney Project TxDOT - US-80 & Forney Parkway Parkway Bridge Bridge Candidate Senior Estimator Candidate Senior Estimator Role On Role On approval Reference Contact Information (listing names indicates • the names individuals as a reference) Name Brandon Bowie Name Lewis Gregory Title/Position Inspector Title/Position Chief Inspector Organization TxDOT Organization City of Fort Worth Telephone (214) 284-5420 Telephone (817) 223-2283 E-Mail brandon.bowie @txdot.gov E-Mail lewis.gregory@fortworthtexas.gov Project TxDOT - Precinct Line at Walker Project TxDOT- Precinct Line at Walker Branch Branch Candidate Senior Estimator Candidate Senior Estimator Role On Role On Assignments Current Project Name of Assignment Percent of Time Used Estimated Project for This Completion Date General Estimating Services (primarily hard bid 50% Ongoing TxDOT projects) ©HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Project Superintendent Organization Doing Business As Haydon Building Corp Name of Individual Roger Garey Years of Experience as Project Superintendent 12 years Years of Experience with this organization 1 year Number of similar projects as Project 6 projects Number of similar projects in other positions 25 projects Similar Project Experience Project Name and Initial Contract Final Contract Initial Contract Actual Contract Description Price Price Completion Completion Date Date *ADOT- San Pedro River $7.2M $7.2M 03/2014 03/2014 Bridge Replacement - (completed on (completed on Sierra Vista,AZ I Bridge budget) owner-revised replacement project for a schedule) 3-span bridge across the San Pedro River through a sensitive conservation area Role: Project Superintendent *ADOT- US 93 Antelope $19.5M $19.5M 08/2010 08/2010 Wash -Arizona I The project (completed on (completed on widens about 3 miles of US budget) schedule) 93 from two lanes to four lane divided roadway. The job had 5 box culverts and 4 bridges. Role: Project Superintendent *Central Arizona Project - MOM MOM 09/2011 09/2011 CAPCOM Phase II CMAR (completed on (completed on - Phoenix,AZ 160-mile budget) schedule) span project designed to enhance communication by installing 16-pair fiber and 2 additional conduits for future expansion Role: Project Superintendent *Project completed prior to employment with Haydon Building Corp.. Please see Roger's resume in the Appendix for additional biographical and project detail, as well as a brief overview of his project experience on page 6 of our proposal. EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Project Superintendent Continued approval Reference Contact Information (listing names indicates . the names individuals as a reference) Name I Matt Mitchell Name Jackie Watkins Title/Position Project Supervisor Title/Position Assistant District Engineer Organization ADOT/ Structural Grace Organization ADOT Consulting Telephone (520) 444-1366 Telephone (520) 686-1412 E-Mail mmitchell @structuralgrace.com E-Mail jwatkins @azdot.gov Project ADOT- San Pedro River Bridge Project ADOT - San Pedro River Bridge Replacement Replacement Candidate Project Superintendent Candidate Project Superintendent Role On I Role On Contact Reference . . . names indicates approval . contacting individuals as a reference) Name Ryan Gross Name Lee Robertson Title/Position Lead Inspector Title/Position Resident Engineer Organization ADOT Organization ADOT/ URS Telephone (928) 530-2060 Telephone (602) 206-4231 E-Mail rgross @tristar-az.com E-Mail No email address available Project ADOT - US 93 Antelope Wash Project ADOT - US 93 Antelope Wash Candidate Project Superintendent Candidate Project Superintendent Role On Role On Contact Reference . . . names indicates approval . contacting individuals Name Thomas L. Schiazone Name Matt Duran Title/Position Construction Inspector Title/Position Field Inspector Organization Central Arizona Project Organization Central Arizona Project Telephone (623) 869-2445 Telephone (623) 869-2561 E-Mail tschiazone @cap-az.com E-Mail mduran @cap-az.com Project Central Arizona Project - Project Central Arizona Project - CAPCOM CAPCOM Phase II CMAR Phase II CMAR Candidate Project Superintendent Candidate Project Superintendent Role On I Role On Project Current Name of Assignment Percent of Time Used Estimated Project for This Completion Date Dallas IH 20 Balch Springs 15% 04/01/2018 MHAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Structures Superintendent Organization Doing Business As Haydon Building Corp Name of Individual Matt Gilliland Years of Experience as Project Structures 3 years Superintendent Years of Experience with this organization 3 years Number of similar projects as Project 7 projects Number of similar projects in other positions 8 projects Similar Project Experience Project Name and Description Initial Contract Final Contract Initial Contract Actual Contract Price Price Completion Completion Date Date TxDOT- Walsh Parkway IH $14.5M $14.5M 11/2014 11/2014 30, Parker County - Parker (Completed On (completed On County, TX I This project Budget) schedule) included a frontage road and new interchange consisting of grading, drainage, concrete pavement, retaining walls, bridges, signals, lighting, pavement markings, signing, and safety enhancement. Role: Structures Superintendent NTTA/TxDOT - Lake Ray $180.OM $180.OM 10/2012 06/2012 Hubbard at IH 30 - Garland, (completed on (completed TX I New construction budget) ahead of consisting of 2 miles of bridge schedule) crossing Lake Ray Hubbard, including ramps, removal and installation of the IH30 bridge. Role: Structures Superintendent TxDOT - Precinct Line at $10.5M $10.5M 04/2016 04/2016 Walker Branch - Hurst, (completed on (completed on TX I Roadway and bridge budget) schedule) reconstruction and expansion involving a two phase bridge over Walker Branch Creek Role: Structures Superintendent Please see Matt's resume in the Appendix for additional biographical and project detail, as well as a brief overview of his project experience on page 7 of our proposal. EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Structures Superintendent Contact Reference . . . names indicates approval . contacting individuals as a reference) Name Paul Hoffman Name Robert Freeman Title/Position Project Manager Title/Position Project Manager Organization TxDOT Organization TxDOT Telephone (817) 287-9458 Telephone (817) 395-3822 E-Mail paul.hoffman @txdot.gov E-Mail robert.freeman @txdot.gov Project TxDOT - Walsh Parkway IH 30 Project TxDOT - Walsh Parkway IH 30 Candidate Structures Superintendent Candidate Structures Superintendent Role On Role On Contact Reference . . . names indicates approval . contacting the names individuals as a reference) Name Jeffrey Bush Name Jerry Culberson Title/Position Project Manager Title/Position Fort Worth Area Manager Organization TxDOT Organization Austin Bridge and Road Telephone (214) 207-1331 Telephone (817) 454-2041 E-Mail jeffrey.bush @txdot.gov E-Mail jculberson @austin-ind.com Project NTTA/TxDOT - Lake Ray Project NTTA/TxDOT - Lake Ray Hubbard at IH 30 Hubbard at IH 30 Candidate Structures Superintendent Candidate Structures Superintendent Role On Role On Contact Reference . . . names indicates approval . contacting the names individuals as a reference) Name Brandon Bowie Name Lewis Gregory Title/Position Inspector Title/Position Chief Inspector Organization TxDOT Organization City of Fort Worth Telephone (214) 284-5420 Telephone (817) 223-2283 E-Mail brandon.bowie @txdot.gov E-Mail lewis.gregory@fortworthtexas.gov Project TxDOT - Precinct Line at Walker Project TxDOT - Precinct Line at Walker Branch Branch Candidate Structures Superintendent Candidate Structures Superintendent Role On I Role On Current Project Name of Assignment Percent of Time Used Estimated Project for This Completion Date TxDOT FM 6 Collin 20% 11/2016 TxDOT IH 20 Dallas 20% 04/2018 ©HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Quality Control Manager Organization Doing Business As Haydon Building Corp Name of Individual Jay Ochs, PE (AZ #28113 P.E.) Years of Experience as Quality Control Manager 29 years Years of Experience with this organization 3 years Number of similar projects as Project 5 projects Number of similar projects in other positions 25 projects Similar Project Experience Project Name and Description Initial Contract Final Contract Initial Contract Actual Contract Price Price Completion Completion Date Date City of Phoenix - Sonoran $38.OM $40.OM 03/2013 03/2013 Boulevard CMAR - Phoenix, (owner-added (completed on AZ 13 roadway bridges on scope for new schedule) ASLD land and park preserve, trailhead, as well as a shared use path parking lots, and beautification corridor. and ramadas) Role: Quality Control Manager City of Mesa - Power Road, $28.6M $30.3M (owner- 04/2014 04/2014 Pecos to Santan Freeway added scope (completed on CMAR - Mesa, Gilbert, for design schedule) Maricopa County, AZ 13 changes and miles of new roadway and additions) re-construction, 4 bridges, box culverts, and major intersection construction. Role: Quality Control Manager ADOT- US 60 (Grand $46.01VI $46.OM 04/2016 04/2016 Avenue) / SR 303L Interim TI (completed on (completed on CMAR - Phoenix, AZ I The budget) schedule) work consisted of constructing a new Traffic Interchange, widening the mainline on SR 303 and reconstructing US 60 mainline. Scope includes nine bridge structures. Role: Quality Control Manager CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Quality Control Manager Continued Reference Contact Information (listing names indicates approval individuals Name Melody Moss, PE Name Tony Humphrey, PE Title/Position Project Manager Title/Position Construction Manager Organization City of Phoenix Organization City of Phoenix Telephone (602) 262-4055 Telephone (602) 319-5597 E-Mail melody.moss @phoenix.gov E-Mail tony.humphrey @phoenix.gov Project Sonoran Boulevard CMAR Project Sonoran Boulevard CMAR Candidate Quality Control Manager Candidate Quality Control Manager Role On Role On (listing Reference Contact Information . approval individuals as a reference) Name Kelly Jensen Name Berwyn Wilbrink Title/Position Asst. City Engineer (former) Title/Position Design Engineer Organization City of Mesa (former) Organization Jacobs Engineering Telephone (480) 459-0353 Telephone (602) 530-1661 E-Mail kelly_jensen @cox.net E-Mail Berwyn.Wilbrink @jacobs.com Project City of Mesa - Power Road, Project City of Mesa - Power Road, Pecos to Santan Freeway Pecos to Santan Freeway CMAR CMAR Candidate Quality Control Manager Candidate Quality Control Manager Role On Role On Contact Reference e . (listing names indicates approval . contacting the names individuals as a reference) Name John Halvarson Name Gary Melita, PE Title/Position Engineer Title/Position Sr. Project Manager Organization Horrocks Engineers (formerly Organization Stanley Consultants with ADOT) Telephone (623) 203-8124 Telephone (602) 333-2200 E-Mail johnh @horrocks.com E-Mail MelitaGary@stanleygroup.com Project ADOT- US 60 (Grand Avenue) / Project ADOT- US 60 (Grand Avenue) / SR 303L Interim TI CMAR SR 303L Interim TI CMAR Candidate Quality Control Manager Candidate Quality Control Manager Role On I Role On Project e Name of Assignment Percent of Time Used Estimated Project for This Completion Date TxDOT El Paso 1-10 / 375 40% 02/2017 TxDOT IH-30 Frontage Roads 40% 10/2018 ©HAYDON EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Project Safety Manager Organization Doing Business As Haydon Building Corp Name of Individual James Harbor Years of Experience as Project Safety Manager 40 years Years of Experience with this organization 3 years Number of similar projects as Project 100 projects Number of similar projects in other positions 100 projects Similar Project Experience Project Name and Initial Contract Final Contract Initial Contract Actual Contract Description Price Price Completion Completion Date Date TxDOT- 1-30 Park & $14.7M $17.2M (scope 03/2013 03/2014 Ride - Grand Prairie, TX I increase due (completed on Renovations to the existing to design owner-revised 1-30 Freeway corridor changes, utility schedule) between Beltline Road and delays, and MacArthur Boulevard owner-revised Role: Safety Manager scope) TxDOT- US-80 & Forney $17.OM $19.2M (scope 06/2013 03/2014 Parkway Bridge - Forney, increase due to (completed on TX Construction of the fiberoptic utility owner-revised Forney Parkway Bridge over delays, deck schedule) US-80 and UPRR design delays, Role: Safety Manager and owner- driven delays) TxDOT- Precinct Line at $10.5M $10.5M 04/2016 04/2016 Walker Branch - Hurst, (completed on (completed on TX I Roadway and bridge budget) schedule) reconstruction and expansion involving a two phase bridge over Walker Branch Creek Role: Safety Manager CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT C - Proposed Project Key Personnel (continued) Proposed Project Safety Manager Continued (listing Reference Contact Information names indicates . . contacting individuals as a reference) Name Willie Bolden, PE Name Tim Abbey Title/Position Construction Engineer Title/Position Chief Inspector Organization TxDOT Organization TxDOT (former) Telephone (214) 317-0012 Telephone (214) 878-7834 E-Mail willie.bolden @txdot.gov E-Mail timothy.abbey @txdot.gov Project TxDOT- 1-30 Park & Ride Project TxDOT - 1-30 Park & Ride Candidate Safety Manager Candidate Safety Manager Role On Role On (listing Reference Contact Information names indicates approval . contacting individuals as a reference) Name Renee Walker Name Chris Bruner Title/Position Project Manager Title/Position Chief Inspector Organization TxDOT (Retired) Organization TxDOT Telephone (972) 962-3848 Telephone (214) 893-0794 E-Mail walk3460 @embargmail.com E-Mail christopher.bruner @txdot.gov Project TxDOT - US-80 & Forney Project TxDOT - US-80 & Forney Parkway Parkway Bridge Bridge Candidate Safety Manager Candidate Safety Manager Role On Role On Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Brandon Bowie Name Lewis Gregory Title/Position Inspector Title/Position Chief Inspector Organization TxDOT Organization City of Fort Worth Telephone (214) 284-5420 Telephone (817) 223-2283 E-Mail brandon.bowie @txdot.gov E-Mail lewis.gregory@fortworthtexas.gov Project TxDOT - Precinct Line at Walker Project TxDOT - Precinct Line at Walker Branch Branch Candidate Safety Manager Candidate Safety Manager Role On Role On Current Projett Assignments Name of Assignment Percent of Time Used Estimated Project for This I Completion Date James provides safety services for all Texas projects on an as-needed basis. ©HAYDON EXHIBIT D - Exceptions to Agreement Comment Location in Exception and Suggested Alternate Language Number CMAR Agreement Rationale 1 Art. 5.1. Use industry- Delete and replace with the standard provision to following: "CMAR COVENANTS satisfy requirements AND AGREES TO, AND DOES for insurance of HEREBYASSUME LIABILITY, indemnification INDEMNIFY, HOLD HARMLESS obligations. AND DEFEND, AT ITS OWN EXPENSE, CITY, 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 ARISING OUT OF OR RELATED TO THE PERFORMANCE OF THE WORK, WHETHER REAL OR ASSERTED, BUT ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT OR INTENTIONALACTS OR OMISSIONS OF CMAR, ANY OF ITS SUBCONTRACTORS, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS CAUSED IN PART BYA PARTY INDEMNIFIED HEREUNDER." CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 Exhibit E — Conflict of Interest Questionnaire NO CONFLICT OF INTEREST EXISTS CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H B 1491, 80th Leg, Regular Session OFFICELIMONLY This questionnaire Is being flied In accordance with Chapter '176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthis questionnaire must bellied with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 178.008, Local Government Code.An offense under this section Is a Class C misdemeanor. Name of person who has a business relationship with local governmental entity. z Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes Incomplete or Inaccurate.) 3 Nome otlocai governmentorncer wren wnom nier has employment or bu51nes3 reiononsnip. None - not applicable Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a). Local Government Code Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable Income, other than investment Income, from the filer of the questionnalle? Yes X No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes X No C. Is the flier of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director. of holds an ownership of 10 percent or more? Yes X No D, Describe each employment or business relationship with the local government officer named in this section. 41 v� 44/'✓ May 19, 2016 Signature or person doing business with the governmental entity Date Haydon Building Corp already has a Conflict of Interest Questionnaire on file with the City of Fort Worth, received 0811312015. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO C-01920 EXHIBIT F - Client Reference Form Project Name Sonoran Boulevard CMAR (23rd Avenue to Cave Creek Road) Owner's Name City of Phoenix Owner Contact's Phone Number (602) 262-4055 Owner's Contact Name & Title: Melody Moss, PE, Project Manager Type of Contract (Design/Bid/ CM at Risk Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Premier Engineering Corp Manager's Name: Engineer/Architect/Construction (480) 829-6000 Manager's Phone Number: Engineer/Architect/Construction Sam Malekooti, PE, Principal Manager's Contact Name & Title: Original Contract Value / GMP of $38.OM Project: Cost Savings Identified: A successful pre-construction process led to cost savings in the GMP. Creative phasing and sequencing defined in pre- construction helped reduce the schedule and GMP. Our team set up a GMP during pre-construction in order to establish a P.O. to take advantage of material purchases. Final Contract Value of Project: $40.OM Project Description: This 7.5 mile roadway spans across ASLD land and park preserve. The project includes 3 roadway bridges on the Sonoran Boulevard alignment: Apache Wash (318-foot, 3-span, Type V AASHTO precast girders), Secondary Wash (206-foot, 2-span, Type VAASHTO pre-cast girders)and Cave Creek Primary(430- foot,4-span,Type VAASHTO pre-cast girders), 10 pre-fabricated pedestrian bridges, 23 box culverts, an APS duct back, multiple GMP phasing, mass earthwork balancing, extensive stakeholder coordination, underground utilities, grading and paving, a shared use path, and beautification corridor. Original Project Duration: 1,140 Calendar Days Original Project Completion Date: 03/2013 Actual Project Completion Date: 03/2013 (project completed on schedule) Explanation for later project completion date or contract value overrun, if applicable: The project was completed on schedule. As funding surfaced, the Owner added $2.0 million of new trailhead with parking lots and ramadas. List Major Subcontractor's; names, contact phone numbers: Arizona Structural Technologies (Pedestrian Bridges) - Sergio Barrera, (602) 288-1471 Castle Steel (Shade Structures) - Mike Bode, (602) 757-7710 List Major Material Suppliers' names, contact phone numbers Arizona Materials (Concrete Supplier) - Tony Ponte - (602) 980-2017 Paradise Rebar (iron Workers) - Terry Boone - (602) 803-8351 Case Foundations (Drilled Shafts) - Paul Lecleric - (602) 454-0988 CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 EXHIBIT F - Client Reference Form Project Name 1-30 Park & Ride - Grand Prairie, TX Owner's Name TxDOT Owner Contact's Phone Number (214) 317-0012 Owner's Contact Name & Title: Willie Bolden, PE, Construction Engineer Type of Contract (Design/Bid/ Design/Bid/Build Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Halff Associates Manager's Name: Engineer/Architect/Construction (214) 346-6200 Manager's Phone Number: Engineer/Architect/Construction David Smith, PE, Project Manager Manager's Contact Name & Title: Original Contract Value/ GMP of $14.7M Project: Cost Savings Identified: As a Design/Bid/Build project, no cost savings were identified on the original contract amount. Final Contract Value of Project: $17.2M (scope increase due to design changes, utility delays, and owner-revised scope) Project Description: This project includes improvements to and along Interstate 30 (Tom Landry Highway). Features include eastbound and westbound frontage roads, access ramps at Belt Line Road and MacArthur Boulevard, and a full-scale park & ride facility. The scope of work includes the installation of potable water, storm drain systems, structural retaining walls, paving, electrical, landscaping, hardscaping, signage and pavement markings, new pedestrian shelter canopy and construction of a new U-turn under the MacArthur overpass bridge. Original Project Duration: 701 calendar days Original Project Completion Date: 03/2013 Actual Project Completion Date: 03/2014 Explanation for later project completion date or contract value overrun, if applicable: The project was completed on the owner-revised schedule. TxDOT added contract time for design changes, ONCOR utility delays, and owner-revised scope. TxDOT also increased the contract amount respectively. List Major Subcontractor's; names, contact phone numbers: McMahon Contracting - Shaun McMahon - (972) 263-6907 Reynolds Asphalt - Charlie Daniels - (817) 267-3131 List Major Material Suppliers' names, contact phone numbers Lattimore Materials - Ron Simons - (972) 221-4646 Hanson Pipe - Dale Pruden - (972) 260-3682 ©HAYDON EXHIBIT F - Client Reference Form Project Name Rio Vista Park Phase 2 Owner's Name City of Peoria Owner Contact's Phone Number (623) 773-7721 Owner's Contact Name & Title: Edward Striffler, RA, LEED AP, Design & Construction Manager Type of Contract (Design/Bid/ Design/Build Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Architekton Manager's Name: Engineer/Architect/Construction (480) 894-4637 Manager's Phone Number: Engineer/Architect/Construction Joe Salvatore, Principal Manager's Contact Name & Title: Original Contract Value / GMP of $8.OM Project: Cost Savings Identified: A successful pre-construction process led to cost savings in the GMP. Creative phasing and sequencing defined in pre- construction helped reduce the schedule and GMP. Final Contract Value of Project: $8.OM Project Description: This award-winning 22-acre district park includes an urban lake, lighted soccer fields, lighted baseball fields, playground structures, memorial garden, maintenance building, concession/restroom building, lighted parking lots, automatic irrigation system, perimeter security fencing, and extensive landscaping. Original Project Duration: 229 calendar days Original Project Completion Date: 11/2006 Actual Project Completion Date: 11/2006 Explanation for later project completion date or contract value overrun, if applicable: The project was completed on schedule and on budget. List Major Subcontractor's; names, contact phone numbers: Neenah Foundry Company (Tree Grates) - (602) 225-9801 AAA Landscape (Landscaping) - (602) 437-2690 Sun Valley Masonry (Masonry) - (602) 943-6106 List Major Material Suppliers' names, contact phone numbers Exterior Systems - (520) 742-2348 Pace Pacific (Concrete) - (602) 437-8729 CITE','DF FORT'IVORTIH, I,AKEC WORTH i-RAIL PHASE 1, PROJECT NC. �'-01920 EXHIBIT H - Safety History Table 2015 2014 2013 A Total Number of Field Man-Hours 977,000 891,000 822,800 Number of Recordable Incidents with no B lost time accidents 7 5 5 C Number of Recordable Incidents with lost 0 0 0 time accidents Total Recordable Incident Rate (TRIR) (B+C) x (200,000) /A 1.4 1.1 1.2 E Number of Fatalities 0 0 0 F Published Experience Modification Rate .54 .64 .67 (EMR) CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-0 1920 EXHIBIT H - Safety History Table Continued EXCLUDED FROM PAGE COUNT 1050 W Washington Street, Suite 233 1 Tempe,AZ 85281 Lovill&TOuchd P.O. Box 64985 1 Phoenix,AZ 85082-4985 a,1 (602) 956-2250 2250 phone (602)956-2258 fax May 17, 2016 RE: Haydon Building Corp 4640 East Cotton Gin Loop Phoenix,AZ 85040 Project: City of Fort Worth -Lake Worth Trail Phase 1,Project No.C-01920 To Whom It May Concern: Please accept this letter as verification of the historical Worker's Compensation Experience Modification factors for Haydon Building Corp as follows: 2015 .54 2014 .64 2013 .67 2012 .68 2011 .69 If there are any questions regarding this information, please call. Sincerely /r/�� (�'V Jackie Wanta Construction Account Manager Lovitt-Touche, Inc. Phone: 602-778-7038 Email: iwanta @lovitt-touche.com Celebrating a century of quality insurance services! www.lovitt-touche.com EXHIBIT I - Construction Budget and Fee Proposals The City's Estimated Construction Budget for this Project is: $5,641,560.00 City's Budget: $626,840.00 (city's contingency, inspection, material testing and project administration) Total Project Budget: $6,268,400.00 Proposer's Fees Pre-Construction Services Minimum Fee $40,000 Additional Fee (Proposer's discretion, cannot $11,734 be negative) Total Pre-Construction $51,734 Services Fee Construction Services Management Fee (expressed as a percentage of GMP) 8° �O Additional Cost Sharing (if any) *$0 TOTAL (Based upon City's estimated construction budget) $503,058.00 Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. *Cost Savings Incentive: Haydon Building Corp suggests that the following language be inserted into the contract as an incentive to maximize savings under the GMP: "In the event that the final Cost of the Work plus the Contractors fee is less than the Guaranteed Maximum Price, the contractor's fee will be increased by 50% of that difference." CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-0920 Revised Exhibit I - Construction Budget and Fee Proposals The City's Estimated Construction Budget for this Project is: $ 5,421,560.00 City's Budget: $ 626,840.00 (city's contingency, inspection, material testing and project administration) Total Project Budget: $ 6,048,400.00 Proposer's Fees Pre-Construction Services Minimum Fee $40,000.00 Additional Fee (Proposer's discretion, $11,734.00 cannot be negative) Total Pre-Construction Services Fee $51,734.00 Construction Services Fee Management Fee (expressed as a 8% ercenta a of GMP Additional Cost Sharing if an $ Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. Cost Savings Incentive: In the event that the final Cost of the Work plus the Contractor's fee is less than the Guaranteed Maximum Price (GMP), the contractor's fee will be increased by 50% of that difference. 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Q F ° O m O Q U J Q p rm cy D UiL dI O ju m e t� ,°pG i �m yyG c c�C m•9 mpG $q G m Uo p G dl o O `JC c am c'w a« cC a H W z EQ (0 Q m w y t5 m « : d C O a t° 7 Z p C O u o d C o .g 0. V y .0 c C Q m c Im E c .9 o O e a K ° o gm c m c m m m m e m > f U o ow a c w w 00 LU uLuw > w o c > m p n U) (L O Ti Ti Uo m 80 '6 T m ° Ti m v ti t5 v v E m N N E U y N m m m m N Q 0 0 N .f O N aaa 0aa asaaoa waTaaaw aaaw a. a. c p G ©HAYDON CORPORATE EXPERIENCE & FINANCIALS ILITY GENERAL INFORMATION CMAR SERVICES Haydon provides CMAR, Design/Build, General Haydon understands and is committed to performing Contracting, and Construction Management services.We all outlined CMAR services for your project within the are unique in that we are a Heavy Civil Contractor with the allocated time periods. We believe Haydon is the most ability to self-perform horizontal work as well as a General qualified firm due to our extensive CMAR experience, Building Contractor for vertical construction. Haydon has our relevant CMAR park and pedestrian bridge operated from Phoenix as an "S" Corporation since its experience, our unique company structure, project inception in 1991. Since our move to Texas in 2009,we understanding (including a second site visit), and our have been awarded 25 TxDOT and municipal projects ability to effectively manage the pre-construction totaling $350 million in value, with 20 of these projects and construction phases in a manner that will exceed completed or estimated to be complete by summer/fall your expectations. We have completed over 150 CMAR 2016. Thanks to an ever-growing client base and a high and alternative delivery projects, and this experience volume of repeat business,we are one of the most reliable has created a solutions-based and innovative culture general contractors in Texas and Arizona. In addition,we at Haydon. This culture has fostered a track record of are excited to have recently broken ground in Fort Worth reducing project design and construction schedules, for our new headquarters in the DFW region. Please saving costs and avoiding change orders, mitigating risks, find an organization chart for our proposed team, and and providing a high-quality product that exceeds your an outline of team member qualifications, years of community needs. experience, and locations on pages 5-9 (Section Q. Figure A. Similar Projects within 10 Years- Tabular Format(project overviews can be found on page 2 in Section C and detailed descriptions can be found on the Exhibit B forms in Tab B: Forms & Certifications) • Scope Summary ' City of Surprise Scope included providing a 10-foot wide and 125-foot long 180 Pedestrian D/B pedestrian bridge across Lizard Acres Wash (over active $272,415 calendar Bridge at Lizard waterway), improving pedestrian connectivity of the city-wide days Acres Wash trail system. 7.5 miles of new roadway, 3 roadway bridges and 10 pedestrian City of Phoenix bridges(over active waterways), 3 miles of shared use path, 1140 Sonoran CMAR multiple GMP phasing, mass earthwork balancing, extensive $40.OM calendar Boulevard stakeholder coordination, underground utilities, grading and days paving, and corridor beautification. Eastbound/Westbound frontage roads, access ramps at Belt Line TxDOT 1-30 Road and MacArthur Blvd., and a full-scale park& ride facility. 1034 Park& Ride D/B/B Scope included water, storm drain, structural retaining walls, $17.2M calendar paving, electrical, landscaping, hardscaping, signage/pavement days markings, a new pedestrian shelter canopy, and a new u-turn. Pedestrian Pedestrian bridge (over active waterway) with drilled shaft 275 Bridge Over the D/B foundations, cast-in-place abutments, 300' pre-fabricated steel $1.1M calendar New River at Rio bridge with cast-in-place concrete deck. The new pedestrian days Vista Park bridge connects the residential community to the city park. This Project includes 5.5-miles of multi-modal urban trail, multi-use lighted concrete trail, 24 separate "nodes" of stylized City Tempe architectural concrete, decorative gateway entrances to the trail 516 Western Canal CMAR $95M calendar from neighborhood areas, path surface demolition, extensive . Multi-Use Path landscaping, elevated tee box with boulder rock walls, grading, days drainage, and paving. This 22-acre district park project includes 7 new lighted youth soccer fields, 2 lighted baseball fields, little league stadium field, City of Peoria accessible fishing area, 3/a mile walking path, shaded spectator 229 Rio Vista Park D/B areas, automatic irrigation system, memorial garden with $B.OM calendar Phase II monument, playground structures, concession/restroom building, days maintenance building and offices, lighted parking lots with 300 spaces, and extensive landscaping. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-0$920 1 RELEVANT, DEMONSTRATED PROJECT EXPERIENCE As a representation of Haydon's relevant, demonstrated experience and services, below please find an overview of each of the projects presented in Figure A on page 1. Additional required details for these projects can also be found on the Exhibit B (Statement of Experience)forms in Tab B: Forms&Certifications. CITY OF SURPRISE LIZARD ACRES WASH CITY OF PHOENIX SONORAN BOULEVARD Surprise, AZ. Scope included Phoenix,AZ. Sonoran providing a 10-foot wide and Boulevard is 7.5 miles of 125-foot long pedestrian bridge new roadway constructed across Lizard Acres Wash. The across state land, with general vicinity of located - +' _ some portions falling within between a combination of the planned Sonoran Park subdivisions, businesses, and Preserve. This interim vacant lots. Runoff from the surrounding site drains into roadway project was constructed within a 150-foot Lizard Acres Wash and the baseball field. This project section of ROW and consisted of one 12-foot lane in improved pedestrian connectivity of the city-wide trail each direction with 8-foot(min) paved shoulders and system connecting neighborhoods, parks, commercial a raised/paved-flush median to handle two-way traffic. and employment centers, and public facilities within the Scope also included three roadway bridges on the original town site of the City of Surprise. Sonoran Boulevard alignment. Similar Features: Pedestrian : * r • -•- : ••- • Parking Active Waterway, • .• • .• Aspects,Park - Path . . . • PARK ; RIDE CITY OF . . PEDESTRIAN BRIDGE THE NEW RIVER ■ M PARK Grand Prairie, TX. This project includes improvements to and Peoria, AZ. To connect along Interstate 30 (Tom Landry the new recreation center Highway). Features include d' with the adjacent park and eastbound &westbound frontage , veterans' memorial, Hayclon roads, access ramps at Belt Line t constructed a pedestrian Road and MacArthur Boulevard, and a full-scale park bridge with drilled shaft & ride facility.Work includes installation of potable foundation, cast-in-place water, storm drain systems, structural retaining walls, abutments, 300' pre-fabricated steel bridge with paving, electrical, landscaping, hardscaping, signage & cast-in-place concrete deck. The new pedestrian bridge pavement markings, new pedestrian shelter canopy and connects the residential community to the city park', U-turn construction under the MacArthur bridge. Similar Features: Pedestrian Bridue over - ' - Aspects, '-•- a .+ ,® -F - r- . ■ _ a .. CITY• ' l . ■� O PEORIA RIO VISTA PARK Tempe, AZ.This project Peoria, AZ. This 22-acre includes 5.5-miles of 1 district park project includes multi-modal urban trail, ` 7 new lighted youth soccer multi-use lighted concrete fields, 2 lighted baseball trail, 24 separate "nodes" fields, little league stadium of stylized architectural field, accessible fishing area, -" concrete, decorative 3/a mile walking path, shaded gateway entrances to the spectator areas, automatic trail from neighborhood areas, path surface demolition, irrigation system, memorial garden with monument,,, extensive landscaping, elevated tee box with boulder playground structures, concession/restroom building, rock walls, grading, drainage, and paving. maintenance building and offices, lighted parking lots with 300 spaces, and extensive landscaping. Similar Features:Trailhead, Park . - Lie Extensive Similar Features: Pedestrian Bridge, Parking 2 @HAYDQN CORPORATE EXPERIENCE & FINANCIALS �ILIT)LB PRE-CONSTRUCTION EXPERIENCE Our extensive and specific CMAR experience uniquely Haydon also has extensive historical cost databases that qualifies us to identify and address critical issues and we can use to properly size crews and establish budgets for incorporate lessons learned from previous projects. varying work elements. HCSS allows us to track and manage Throughout our CMAR experience, we have never changes as partially completed documents move towards failed to reach a GMP and have never exceeded their final stages(60%,90%, and Final Documents).This a GMP.We understand the importance of the pre- ability will benefit the City by assembling the best ideas construction phase and our responsibility to manage and solutions into a merged cost estimate that will this process in a way that provides a cohesive team ultimately produce the GMP, while showing changes atmosphere between Haydon, the City, Freese and along the way. Nichols, and all involved stakeholders. Below is a list of CMAR responsibilities, along with our specific 0 Project Scheduling: experience in each: � - Engineers Utilizing a Master CPM schedule that incorporates pre- Working with construction and construction activities has been critical in Preparing the success of each CMAR project.To ensure milestones are A key benefit of the CMAR process is coordinating achieved, it is critical to include necessary content and update with the designer during pre-construction. Our this Master CPM weekly. Content for pre-construction should experience has taught us that early and consistent include but not be limited to right-of-way acquisition,utility coordination with the designer regarding construction coordination and relocation,constructability reviews,value documents such as right-of-way agreements, utility engineering,cost models, plan updates, GMP agreement, relocation agreements, addendums, plans and major events that could impact the project,and long-lead specifications is critical. This is best achieved in weekly material procurement.The Master CPM schedule serves as or bi-weekly meetings by defining the scope of the road map for successful CMAR delivery. each document or activity, assigning responsibility, setting milestones, and tracking completion of each 0 Developing the GMP: milestone on the CPM master schedule. Haydon is currently working with Freese and Nichols and the City Haydon has been fortunate to deliver over 150 CMAR and of Fort Worth on the Montgomery Street CMAR project. alternative delivery projects and as a result,we have a proven This experience allows us to add greater value to your track record of successfully developing GMPs. Equally project as we have a strong working relationship and important, we have never exceeded a GMP. The key to understand the importance of the CMAR process. developing a GMP is to create transparency with the owner and designer while meeting the cost model deadlines on the 0 Value • - Master CPM schedule. Upon submission of each cost model, it is important to follow-up with cost model review meetings On recent CMAR projects, we have found that working to ensure the project team has approved the latest project through a Best Value Analysis (BVA)workshop provides costs.Adhering to this process will allow for a seamless the greatest value engineering (VE) benefit for the transition and eliminate surprises from the 60%and 90%cost project owner.. Pre-Construction Manager David Laughlin model to the GMPP, was trained as an Associate Value Specialist through SAVE International and can lead this workshop. This MAJOR WORK ELEMENTS/TRADES process differs from the conventional contractor-only VE & SELF-PERFORM CAPABILITIES because it is a systematic, function-based, result-oriented team approach. BVA is not simply a way to reduce cost, Haydon has the capability and intends to self-perform but rather is an analysis of a project's functions directed the following major work elements/trades of a typical at improving performance, reliability, quality, safety, and project: demolition and miscellaneous removals, clearing life cycle cost. In addition to a BVA workshop,VE is an and grubbing, earthwork including mass and fine grading, ongoing process throughout the pre-construction and installation of underground utilities for the trailheads construction phases. including water, sewer and storm drain (if needed),concrete _ flat work such as the pedestrian trail, miscellaneous' ads - • • - • `• - and any decorative concrete,structural concrete including - retaining walls and all aspect of the bridge abutments, and We understand your project is currently at the 60% finally concrete paving for the parking lots(if concrete). design phase,which is the perfect time to get the All other aspects, including abutment drilled shafts, contractor on board. This creates a great transition electrical, lighting, masonry, and landscaping,would need point for Haydon to understand the plans and begin to be subcontracted. Haydon has over 250 employees in the initial cost estimate. The Haydon team utilizes HCSS the Dallas/Fort Worth area, and a wide range of owned Software for all estimating, which allows for multiple equipment to complete each of the self-performing scopes. pricing options and can produce several reports to properly analyze subcontractor pricing, material prices, production crews, labor, equipment, and other resources when developing cost models and the ultimate GMP. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. "920 3 PRICING OF CMAR '-;FRVICFS ng EXHIBIT I: CONSTRUCTION BUDGET AND FEE PROPOSALS Please see Tab B: Forms & Certifications for our completed Exhibit I (Construction Budget and Fee Proposals), including proposed incentives for project delivery. - - IKIMI OVERALL QUALIFICATIONS OF KEY PERSONNEL TO PERFORM SERVICES The Haydon project team is fully committed to meeting the City's quality and schedule expectations on your project. Each team member was selected based on their cohesiveness as a team and their experience working on similar parks, active waterways, and pedestrian bridge projects. The Haydon team's familiarity with the CMAR delivery process will be especially beneficial in the pre-construction phase, when constructability reviews, value engineering, and scheduling will be paramount. In addition, the CMAR culture at Haydon will allow the team to work as one unit, providing the City with the consistent, high-quality service necessary to successfully complete your project. Haydon offers a reputation for outstanding quality and schedule management and a culture that values customer satisfaction above all else. Our reputation has been developed over the hundreds of successful projects we have completed throughout Texas and Arizona. Our culture of customer satisfaction is derived from our extensive experience with the CMAR delivery method. Over the course of over 150 combined CMAR and alternative delivery projects our Heavy Civil and Building Divisions have completed, we have come to understand that to be a good team member with the owner and designer, we must be creative, flexible, trustworthy, and adaptable. By culturally embracing all of those traits, Haydon has developed an outstanding record of repeat business and a reputation as a leader in tF e CMAR delivery method. Utilizing this experience to partner with the City and Freese and Nichols, we will make this project a model for success. A KEY PERSONNEL ROLES, RESPONSIBILITIES, & EXPERIENCE WITH PROJECT DELIVERY I David Laughlin I Matt Tinch (Pre-Construction Manager) 4W 01 (Construction Project Manager) ni_w_ Location: Irving, TX Location: Irving,TX 15 Years at Haydon/ 15 Years Total Exp. 4 Years at Haydon / 11 Years Total Exp. Experience: 22 CMAR Projects Experience: 1 CMAR Project, .;;8; 7 D/B/B Projects A-&*f Role and Responsibilities: David will oversee Haydon's efforts during pre- Role and Responsibilities: Matt will lead construction and will stay heavily involved in construction Haydon's construction efforts and serve as the owner's as well. He will be the team's primary point of contact liaison and primary point of contact during this phase. during this phase and will manage overall delivery of His involvement with David in pre-construction will the plans/contract documents, constructability reviews, develop the phasing and sequencing plans, scheduling value engineering, utility coordination and relocation, cost and coordination of construction trades, constructability models, stakeholder coordination, and GMP creation. reviews, and identify cost saving potential and risk Having worked on 22 CMAR projects, David understands mitigation analysis. Additionally, a main focus of Matt's will what it takes to make this type of project a success at be to coordinate the bridge aspects of the projecj with all levels. David and Matt Tinch will work together to Matt Gilliland and Joe Stevens. He will also imple ent seamlessly transition to the construction phase. Also, quality control measures for all work installed, per orm David is currently working with Freese and Nichols site inspections, and accurately communicate and and the City of Fort Worth on the Montgomery disseminate plans and specifications to the construction Street CMAR project.This existing relationship will team and subcontractors. Matt previously worked with allow us to hit the ground running and expedite pre- David, Mark, and Colleen on the TxDOT 1-30 Park& Ride construction. David spends about 30% of his time project, Matt Gilliland on the TxDOT FM 720 Denton managing the Montgomery Street pre-construction County project, and Colleen on numerous phase, which makes him immediately available for this TxDOT pursuits. project. David previously worked with Matt Tinch, Mark, Colleen, and Joe on the TxDOT 1-30 Park& Ride project. Matt's project service experience • David's project services ex.- ���� 1 $ � 1 :4� V 1 4 Value constructability Pre-Con Construction Construction [$1 1 Engineering Review Services Services Management Value Constructability Pre-Con Construction Construction Engineering Review Services Services Management Relevant project experience as Construction Project Relevant project experience as Pre-Construction Manager includes: Manager includes: ■ TxDOT- 1-30 Park& Ride ■ City of Surprise - Pedestrian Bridge at Lizard Acres ■ TxDOT- SL 289 Widening & Bridge Re-Construction Wash D/B ■ TxDOT- US 62/ 82 Interstate and Bridge Structures ■ TxDOT- 1-30 Park& Ride ■ City of Grand Prairie - Gifford Street& Bagdad Road ■ TxDOT- US-80 & Forney Parkway Bridge ■ TxDOT- FM 720 Denton County ■ TxDOT- IH 20 Dallas CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 5 A3 �IFICATIQNS & EXPERIFNC-F OF KEY PERSONNEL Mark Eklund (Estimating Manager) project experience Location: Phoenix, AZ 18 Years at Haydon /40 Years Total Exp. j 1 Experience: 78 CMAR Projects L k { value Constructability Pre-Con Construction Construction Role and Responsibilities: Mark Engineering Review Services Services Management will oversee Haydon's specific efforts in the areas of Cost Modeling and GMP creation. Mark will be Relevant project experience as Estimating Manager involved with design reviews, value engineering, includes: constructability reviews, and technical engineering ■ City of Surprise- Pedestrian Bridge at Lizard Acres reviews. Having worked on 78 CMAR projects, Mark Wash D/B is uniquely qualified to provide his expertise on this ■ City of Phoenix- Sonoran Boulevard CMAR project, Mark has previously worked with the entire ■ TxDOT- 1-30 Park& Ride team on numerous CMAR roadway, park, pathway, ■ City of Peoria - Pedestrian Bridge Over the New pedestrian bridge, and parking lot projects. River at Rio Vista Park D/B ■ City of Tempe-Western Canal Multi-Use Path CMAR ■ City of Peoria - Rio Vista Park Phase 2 Colleen Martindale Colleen's project service experience . - (Senior Estimator) Location: Irving,TX ' Ah Ir J1 4 Years at Haydon /9 Years Total Exp. j I � •� �� Experience: 2 CMAR, 1 D/B, Value constructability Pre-Con Construction Construction 11 D/B/B Projects Engineering Review Services Services Management Role and Responsibilities: Colleen Colleen has worked with David, Matt Tinch, and Mark will attend all design team meetings and provide on the TxDOT 1-30 Park& Ride project, and is currently up-to-date cost and schedule information to enable the working with these same individuals as well as Matt team to make decisions based on real impact factors Gilliland on the TxDOT IH 20 Dallas project. and best value construction methods. Colleen will work with Mark on the development of Cost Models and Relevant project experience as Senior Estimator GMP(s). With extensive similar roadway experience, includes: Colleen will provide input on design reviews, value ■ TxDOT- 1-30 Park& Ride engineering, constructability reviews, and technical ■ TxDOT- US-80 & Forney Parkway Bridge engineering reviews. Colleen will also serve as our MBE 0 TxDOT- Precinct Line at Walker Branch designee, and will be the City's primary point of ■ TxDOT- IH 20 Dallas contact regarding all matters related to MBE activity. Roger Garey Roger's project . -rience includes: (Project Superintendent) Location: Irving, TX � r 1 Year at Haydon/ 10 Years Total Exp. �r Experience: 1 CMAR, 2 D/B, 20 D/B/B Projects ginee g constructability Pre-Con Construction Mansction En ineerin Review Services Services Mana uc Role and Responsibilities: Roger will run daily on-site operations and manage all subcontractors, and all of Roger is currently working with David, Mark,Colleeo and our self-performed work. He will control and implement Matt Gilliland on the TxDOT IH 20 Dallas project. quality control measures, access coordination, material delivery scheduling, and general field coordination. Roger Relevant project experience as Project will directly assist Matt Tinch in daily operations to keep Superintendent includes: your project running smoothly, and will also assist James 0 TxDOT- IH 20 Dallas Harbor(Safety Director) in developing and implementing 0 TxDOT- IH 30 Frontage Roads a site and project-specific safety plan. During pre- construction, Roger will provide expertise in reviewing the 0 ADOT- San Pedro River Bridge Replacement plans for constructability and value engineering options. ■ ADOT- 202 Red Mountain Drive D/B ■ Central Arizona Project- CAPCOM Phase II CMAR 6 ©HAYDON lklr—!l M Matt Gilliland (Structures Superintendent) includes: Location: Irving,TX 3 Years at Haydon / 11 Years Total Exp. Experience: 15 D/B/B Projects j j /,\ It Constructability Value Pre-Con Construction Construction Role and Responsibilities: Matt will work closely Review Engineering Services Services Management with Bridge/Structures Manager Joe Stevens and focus on the River Bridges, Pedestrian Bridges, and miscellaneous retaining walls. During pre- Relevant project experience as Structures construction, Matt will play an important role in bridge Superintendent includes: constructability reviews, value engineering ideas, access conditions, coordination with subcontractors/ ■ TxDOT-Walsh Ranch Parkway suppliers, and phasing and sequencing of all bridge ■ City of Grand Prairie - Gifford Street and and structures aspects. During construction, Matt Bagdad Road will manage the installation of the bridges and ■ TxDOT- IH 27 Plainview retaining walls while coordinating closely with ■ TxDOT- IH 20 & Kleberg Project Superintendent Roger Garey. In addition, ■ TxDOT- FM 720 Denton County Matt will implement all quality measures related to the retaining walls and bridges. Matt has previously ■ TxDOT- Precinct Line at Walker Branco worked with both David and Matt Tinch on the City of ■ TxDOT- FM 6 Collin Grand Prairie Gifford & Bagdad project, with Colleen ■ TxDOT- IH 20 Dallas on the TxDOT project for the Precinct Line at Walker Branch, and with David, Mark and Colleen on the TxDOT IH 20 Dallas project. KEY PERSONNEL: DEDICATION AND AVAILABILITY The key personnel listed in our proposal are dedicated and available for the performance of your project. David Laughlin (Pre-Construction Manager) and Matt Tinch (Construction Project Manager) will lead Haydon's efforts respectively.Their involvement throughout the CMAR program will ensure a smooth transition between the pre,- construction and construction phases. Project Superintendent Roger Garey will be available during pre-construction and 100%dedicated during the construction phase. In addition, with the heavy influence of pedestrian bridges, Structures Superintendent Matt Gilliland will play a significant role in pre-construction and be involved 100%of the time during bridges activities in construction. Once awarded, we are ready to hit the ground running on your project. In Figure B below, please find an availability chart that demonstrates each proposed team member's level of commitment during pre-construction and construction. Figure B. Key Personnel Availability Key Personnel Pre-Construction Construction David Laughlin, Pre-Construction Manager 100% 30% Matt Tinch, Construction Project Manager 50% 100% Mark Eklund, Estimating Manager 50% 20% Colleen Martindale, Senior Estimator 80% 20% Roger Garey, Project Superintendent 20% 100% Matt Gilliland, Structures Superintendent 50% 100% CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 7 QUALIFICATIONS & EXPERIENCE OF KEY PERSONNEL PRIOR EXPERIENCE WORKING TOGETHER Committing the right team to this project is a critical aspect of its success. Our key personnel's experience working together as a team is illustrated in the bio paragraphs listed on pages 5-7. Haydon utilized a rigorous checklist for selecting members for our prospective project team. Our team was selected based on their experience with parks, pedestrian bridges, bridges over water, trail paths and trailheads, parking lots, experience with the CMAR delivery method, and a history with community and subcontractor outreach in the project vicinity, as shown below in Figure C. Figure C. Key Personnel Similar Exporicncu (Similar,Projects highb_ghted on pages 1-2 in Section C) Vehicular Bridge ME Wate Over Path TraCilhead Lot Bridg Trail Parking David Laughlin ✓ ✓ ✓ f V Role: Pre-Construction Manager Matt Tinch Role:Construction Project Manager Mark Eklund ✓ ✓ V/ V/ V/ V Role: Estimating Manager Colleen Martindale 44 ✓ ✓ V/ V Role: Senior Estimator Roger Garey 44 V/ Role: Project Superintendent Matt Gilliland 44 V/ f V/ I✓ Role: Structures Superintendent Joe Stevens V/ V/ V/ V/ V/ f Role: Bridge/Structures Manager Jay Ochs, PE V/ V/ V/ V/ V Role: Quality Control Manager Scott Jones, PE V/ V/ V/ V/ Role:Area Manager James Harbor V/ V/ V/ V/ ✓ V Role: Safety Manager Additional Team Members In addition to our Key Personnel,we believe it is important to recognize Joe Stevens and Scott Jones,who play an important oversight on the project. Joe Stevens will serve as our Bridge/Structures Manager and work closely with Matt Gilliland to oversee all pre-construction and construction bridge aspects of the project. Joe is an expert in Fridge construction and will add great value to this project. The following are relevant projects that Joe has completed. City of Phoenix- Sonoran TxDOT- 1-30 Park& Ride TxDOT-State Spur 1966 & US85 Boulevard CMAR MCDOT-Old US Gila River City of Mesa - Power Road ADOT- 1-10& 1-17 Stack Bridge Improvements Interchange As Area Manager, Scott Jones will also serve in an oversight role of the entire project. Scott's relevant experience is unmatched and will also add great value to this project. The following are relevant projects that Scott has completed. TxDOT- State Spur 1966 & US85 TxDOT- IH 20 Dallas TxDOT- I 30 Parker Overpass TxDOT- FM 720 Denton Count TxDOT- Precinct Line at Walker y Branch ADOT SR87 Sycamore Creek 8 ©HAYDON QUALIFICATIONS & EXPERIENCE QE KEY PERSO 11"El ORGANIZATIONAL CHART LEGEND FORT WORTH alkh KEY PERSONNEL Stakeholders .... .. F�REESE 1' ............_.......e....... I QNICI�IOLS • Park Users z • River Oaks Water @HAYDON Treatment • West Fork River Authority • Fort Worth Mountain Bike Association • YMCA Camp Carter • Private property owners I '.��', David Laughlin • Adjacent Parks ,., Pre-Construction Manager • Local Environmentalists r !• Local Historians • Naval Air Station Scott Jones, PE ........... Matt Tinch Area Manager Construction Project Manager ......................................... James Harbor .............. Safety Manager a CI*, CONSTRUCTION BRIDGE& STRUCTURES Matt Gilliland A, 4% - Mark Eklund�+ Roger Garey Estimatin Mana er Structures Project Superintendent g g Superintendent ,� 1 P Colleen Martindale Joe Stevens Jay Ochs, PE Senior Estimator Bridge/Structures Manager Quality Control Manager Self-Performed Trades & Subcontractors CLIENT REFERENCES Three client reference forms for the Sonoran Boulevard CMAR, TxDOT 1-30 Park& Ride D/B/B, and the Rio Vista Park Phase 2 D/B projects have been Provided as Exhibit F(Client Reference Forms), located in Tab B: Forms & Certifications. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 9 PROJECT APPROACH PRE-CONSTRUCTION SERVICES The real value of this CMAR project is the ability of Fort Worth, 1. Partnering Freese and Nichols, Haydon, and the Stakeholders to work together at a very early stage in the life of the project.This combined 2. Constructability/ Plan Review experience, knowledge and commitment as a team is a powerful tool and will be the driving factor in the success of your project. 3. Value Engineering Our approach to pre-construction phase services is best 4. Utility Coordination / Relocation represented in the timeline below.We will have a fast-track delivery with four months of pre-construction. Our focus will be to 5. Estimating & Cost Modeling effectively manage this phase to ensure milestones are met and value is created within each of the following aspects(noted in the list to the right and on pages 10-14) of Haydon's approach: 6. Risk Assessment & Mitigation Figure D. Pre-Construction Timeline MBE Outreach Focus on Access and River Bridges Cost Model Cost Model value � ' Engineering I y � e 60%Phase 90%Phase 100%Phase June July Aug Sept Oct Nov Nov Dec 2016 2017 Pre-Con Constructability Constructability Council Date Review Review June 28th l Utility and Stakeholder Coordination 1. Partnering Approach: We will create a team culture that includes L not only Fort Worth, Freese and Nichols, and Haydon, DEMONSTRATED EXPERIENCE PARTNERING but also includes key subcontractors, suppliers, and stakeholders. Key subcontractors to engage early could include Davis Crane Service, Contech (Bridge), and Example of Prior Effort: Haydon has been Pioneer Bridge to focus on the water crossing aspects fortunate to have been select-• by 21 repeat immediately.Also, key stakeholders could include - . . • ' partnering River Oaks Water Treatment,West Fork River Authority, - of, - clients, -. Fort Worth Mountain Bike Association,YMCA Camp partnering• sessions. Carter, private property owners, adjacent Parks, local Environmentalists, local Historians, and the Naval Air Special Consideration: completed Station to name a few. Our team culture and identity will Gillespie Bridge • • _ •• be established with a Partnering Session (led by Haydon) prestigious _ AGC at the start of the pre-construction phase. _ recipient awards:Build Arizona Award, APWA National Project of the Benefit:The benefits of partnering will be wide-ranging Year Award, APWA State Project Award, throughout the project. More specifically, partnering ADOT Partnering Award, and most notably, fosters relationships that are built on trust. This trust is Marvin M. Black Excellence in Partnering Award the foundation for steadfast communication, innovation, - a testament to our to the creativity, and a team approach to fast-track, cost-effective partnering process. issue resolution. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 10 WPROJECT APPROACH 2. Constructability / Plan Review 3. Value Engineering Approach: One of our primary responsibilities is to Approach: In addition to ongoing VE throughout the review the development of the plans and perform project, Haydon will add value to your project through our constructability reviews at each project stage (60% and Best Value Analysis (BVA) process(see Figure E below). 90%). These reviews will include our Pre-Construction This process differs from the conventional contract9r--only Manager, Construction Project Manager, Superintendent, VE because it is a systematic,function-based, result- Foremen, Estimators and key subcontractors. In addition, oriented, team approach. More specifically, the steps of we will hold formal Comment Review meetings with the the workshop are as follows: City and Freese and Nichols to make sure all comments are accounted for within the subsequent plan set. 1 Information Phase: Gather information to better .J understand the project as well as the owner's goals. Benefit: The benefit of this process is a complete and 2 fully coordinated set of plans and contract documents Function Analysis Phase: Analyze the project to ,r,� understand and clarify the required functions. that will save time, be free of conflict, and help to avoid change orders. 3 Creative Phase: Generate ideas on all the possible ..J ways to accomplish the required functions. "qqoppp, 4 Evaluation Phase: Synthesize ideas and concepts to select feasible ideas for development into specific value improvement. DEMONSTRATED EXPERIENCE Development Phase: Select and prepare the CONSTRUCTABILITY / PLAN REVIEW "best" alternative(s)for improving value. Example 6 Presentation Phase: Present the value Worth • current �Montgomery recommendation to the project stakeholders. with the City and - -. Freese and Nichols to alter location of the Storm Drain trunk line. The 30% plans Benefit: The overarching objective to our approach is to depicted - alignment - storm drain crossing on improve the value of the project. This value is ultimately both sides of - median and • _ •• defined by the City. Benefits could be a reduction in cost,roadway. This type of alignment center of _ reduced maintenance, improved performance, reliability, • • therefore adds •creates the quality, safety, and reduced life cycle cost. duration construction costs, increases impact to the public with multiple traffic switches, lengthens . and increase the chance of utility conflicts. During our • •o • _ DEMONSTRATED EXPERIENCE City • Freese , • , corridor on VALUE ENGINEERING one side of . - conducive to constructability and minimizing the public - completed 1 •... CMAR project, Haydon -. that this CMAR projects, Haydon's process is unique due to would be a great place to find a value engineering the level of •- - - and knowledge involved with opportunity. ••n's research found that HOBAS our reviews. Our process utilizes the experience of our pipe would meet the design criteria and provide the • have spent • • from same quality of • •- for a $140,000 savings to the CMAR and Design/Bid/Build plans. Knowing where to project. focus our attention, we are more adept at highlighting issues that would pose problems during construction. + e • c •n: Pre-Construction Manager D. • Laughlin was trained as Associate Specialist `VS) through the Society of Value • - ` training, David is uniquely qualified to add value to your project. Figure E. Best Value Analysis Process -- Ilk INFORMATION FUNCTION C DEVELOPM PHASE ANALYSIS PHASE f AS A PHASE PkJA 11 (DHAYDON r' PROJECT APPR Af-U Im Some specific areas of focus for value engineering on this project could be as follows: • Recycling Materials:There will be extensive tree trimmings and tree removals that could be ground and used as mulch along the existing trails. • Weathered Steel: For each of the pedestrian bridges and river bridges, looking into weathering steel could be a great option especially due to the unique access conditions that could limit maintenance capabilitieis. This material is a high strength low alloy steel with many benefits that include: low maintenance, reduced cost and speedier construction due to elimination of protective paint,whole life cost savings, attractive natural appearance, environmentally friendly due to no paint emissions, and overall safety benefits. • Access Point from River Oaks Water Treatment Facility:With limited access to River Bridge #2, it ills�k will be critical to gain access on both sides of the Raised or river. In our site due diligence, we met with folks ' at the River Oaks Water Treatment facility and 4--jo Power Line determined it may be an option to create an access NORTH way along the edge of their property. This would Read provide significant value in the ability to set this bridge conventionally. This idea is further detailed or pages 15-16. Bridge • Composite Deck Wood: In lieu of using stained wood,this material is durable, longer lasting, requires less maintenance, and therefore provides whole life cost savings. o� • Lighter Bridge Design: In our research of the current m1 conceptual bridge design, the weight of the river Access Road bridges are approximately 192,000 lbs. Due to the constraints on crane accessibility and spanning 240 LF, it will be critical to work with Freese and Nichols Figure F. River Oaks Access Diagram and bridge suppliers such as Contech and Pioneer Bridges to lighten the bridge design.This could include looking into different material types, member sizes, and truss heights. • Trail Material:Concrete seems to be a great material for the trail, however we could look into other materials that may provide their own respective benefits. These materials could include asphalt, roller compacted concrete, and stabilized decomposed granite. There may be certain areas of the trail that are more conducive to each material type. • Emergency Access: If this trail is going to be used for emergency access vehicles, it may be necessary to look into widening the trail to 10 LF wide and installing a b inch concrete section. Another option, would be to look into an emergency access pathway (clear of trees) immediately parallel to the 8 FT wide trail. It may also be necessary to widen the bridges to account for emergency access vehicles. • Drainage: By installing the trail within uneven terrain conditions, this could act as a barrier for natural drainage and mud slides. We will need to analyze these conditions and account for drainage to get under the trail Where applicable. 4. Utility Coordination / Relocation Approach:Although this is not a roadway project, there are aspects of this project(such as sewer adjustments at the low water crossing)that s will require utility coordination. Our approach is to manage all utility " coordination and relocations in an expedited and cost-effective manner. From our experience, we have found that having control of this scope has proven to be very successful and allows us to better manage the project schedule. Some tools include scheduling and managing committed •r meetings with utility companies, managing to design milestones, in- house - a potholing, site visits and personal attention. We have found that having a personal relationship with each utility owner, and meeting at their office on a consistent basis is an improved method of ensuring the timely relocation of necessary utilities. Also, all utility coordination and relocations will be tracked on the Master CPM schedule and discussed at Figure G. Low-Water Crossing our weekly pre-construction meetings. (Sewer Adjustment) CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 12 AN PROJECT APPROACH Benefit: Our Design/Bid/Build experience has taught Similarly, all subcontractor and trade estimates are us that utility conflicts are the most common reason accompanied by a full detail of the estimate. The final for timely and expensive project delays. Conversely, cost model or GMP, based upon the most current design on your CMAR project,these conflicts are avoidable information, will be tracked against the Baseline Budget and you can be assured that utility conflicts will be and the latest cost model revision. It is very important handled in pre-construction, thereby avoiding delays in that upon review of the 60%and 90% cost models,we construction. Our consistent coordination with the utility meet as a team to hold cost model review meetings. companies will allow us to sequence our construction This will ensure the team voices any concerns or schedule accordingly, avoiding any potential impacts. comments that may need to be revised prior to completing the next cost model. Following this procedure _. will allow for a seamless transition and eliminate surprises from the 90% cost model to the GMP. DEMONSTRATED EXPERIENCE UTILITY COORDINATION / RELOCATION Benefit: The benefit of our approach is the transparency and confidence that you will have with the cost models. Example of Prior Effort: On - Haydon's process allows the project team to visualize and understand the significance of a design change and Improvements • project, - - its direct cost impact to the project budget. Our system identified • overhead _ _ 69KV transmission is easily understood and completely open to the entire needed line that to be relocated prior to the start team. There are no surprises and no secrets in Haydon's construction.of - pre-construction cost control system. All estimates coordination - P, and subcontractor bids are tabulated and compared to proposed - and •- -� % the project budget to qualify scope. Once construction Having initiated this early in pre-construction commences,we will use our proven cost tracking committing and to consistent procedures to track each cost line item as budgeted. lengthy allowed us to account for the - • • construction sequencing. o phase our work to begin - relocations DEMONSTRATED EXPERIENCE where ongoing - adjacent avoided ESTIMATING & COST MODELING a finish-to-start relationship and saved approximately 3 months on our Master CPM Schedule. - On - Southern unable• • Special . • - . -• to GMR We negotiate • • 5. Estimating & Cost Modeling . • • _ • projects. Approach: Our approach is to generate Cost Models for the 60% and 90%plan stages, and also create the necessary GMP(s). The Haydon team will develop and 6. Risk Assessment & Mitigation implement an open book cost model system for your project. Each member of the team has access to all Approach: In performing constructability reviews, information comprising the budget at any time during the value engineering and cost models, we are jointly able project. During the completion of the 60%plans, we will to assess the project risks. Also, we will use our CMAR work closely with the City staff and Freese and Nichols to experience and lessons learned on similar projects to establish a qualified Baseline Budget. All in-house cost identify risks. As a team, we will then work through �ur models will contain detailed information broken down by mitigation options for each risk. scope to include units of labor, materials, equipment, and other associated costs. Benefit: We will avoid costly delays and change orders by utilizing our experience and the approach outlined above. In addition, our approach will lead to cost and time-saving opportunities. 13 ©HAYDON DEMONSTRATED EXPERIENCE RISK ASSESSMENT & MITIGATION :P • 4 .a a b, ,. "'A'� .� R+ � F s� } ,d � -�".�'+. ;i�'°."yS.'`4�i Sk � ,�w�rte--' v✓ ' �__ vb or ` _,'' ;+,i5.`?sy�M'�: �i+E �,�"- '<��.,'a+: r t,.�i.. •i.,��, CONSTRUCTION APPROACH This work plan then helps to create the Jurisdictions Having Authority(JHA), which is disseminated to the field crews prior to the start of work. This is reviewed On CMAR projects, a successful construction phase is with the crews through our Daily Safety Refresher, is the result of the effort and team work established which describes the work in detail for that day. Having in pre-construction.Therefore, our approach in this knowledge at the field level is paramount to construction is to continue this momentum and tracking schedule, controlling cost, working safelyi and implement the plan that was created during constructing the highest quality product. Finally, Haydon pre-construction. More specifically, the different will account for delivery impacts (weather) by accounting aspects of our construction approach include: for a reasonable amount of weather days per month in • Planning and Scheduling the CPM Schedule. This along with our flexible approach • Management of Construction (use of multiple access points, working in two areas • Coordinating CMAR Tasks concurrently to offset impacts) will help overcome any • Park User and Community Coordination operational impacts that could prevent deliveries. • Maintaining Existing Trail and Bike Access • River Bridge Construction Approach Management of Construction • Construction Sequencing The Haydon team uses Viewpoint as a project • Achieving Project Close-out management and accounting software tool. Viewpoint • Special Considerations/Skills allows our project management team to track all phases of the work from pre-construction through construction, Planning and Scheduling for document control including but not limited to cost Our Construction Project Manager, Matt Tinch, will lead reports, contracts, billings, inspections, safety rep rts, the construction planning process to help the team submittals, meeting minutes, etc. The benefit of t2 identify scheduling issues and develop an approach to management process is that it provides detailed, easy project sequencing (an initial phasing/sequencing plan to read, and open records of the overall project and all is provided in Figure J on page 17). To ensure trail and events affecting the project. bridge schedule accuracy, Matt Tinch will coordinate Coordinating MAR Tasks with Project Superintendent Roger Garey and Structures g Superintendent Matt Gilliland. The Haydon team will Our approach to coordination is to have consistent utilize Primavera P6 software, which can be sorted communication within our culture of partnering. by phase and/or type of work. The software identifies Construction Project Manager Matt Tinch wi @l have full critical path activities, helps us plan for the resources responsibility to coordinate and communicate at regular we will need, and identifies key submittals and materials intervals with all members of the CMAR team. Critic,I issues that are needed well in advance of the work. Updates will be discussed at weekly meetings,which will pro;ide a to the schedule can be performed during both the consistent platform for communication). During construction, pre-construction and construction phases for feedback, these meetings will serve as an information sharing summit so that adjustments can be made on the fly. In addition that will bring together all the necessary representatives to the overall project schedule, the Haydon team will from each group to discuss issues and decide collectiveiy hold Weekly Construction Scheduling Meetings which ones are critical and how best to mange them. Upon or review of the three week look-ahead schedule. The identification, Matt Tinch will assemble the affect d Haydon team goes through rigorous planning prior to stakeholders and they will decide on a solution anld the start of new construction activities.When moving to a identify the parties responsible to implement the solution. new phase or activity of work, our team meets to develop We will appoint Project Superintendent Roger Garey a formal Work Plan that outlines all aspects of the scope. as our point of contact for inspection requests, which These could include budget, resource availability, material will be generated at our in-house weekly meetings and deliveries, specifications, subcontractor involvement, submitted to the City with advance notice. ingress/egress, constraints, public impact, etc. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 14 ECT APPROACH Park User and Community Coordination Maintaining pedestrian access was a priority similar to park and mountain bike users on our City of Mesa Park users and the local community will be key Southern Avenue Phase 1 CMAR project. A A wally project stakeholders.A steady flow of information impaired resident requested a meeting regarding regarding project status is the best way to give them ADA access through the west half of the proje� t. ownership and make them a part of the project team. Haydon and the City of Mesa team met with this To satisfy stakeholder needs, Haydon will have an open resident and walked his entire route with him to get communication line with all stakeholders. We pride input on how he maneuvered through work zones, ourselves on our ability to communicate and build learning his requirements to comfortably navi ate positive stakeholder relationships. For example, we will through the job. We implemented and used w at provide consistent communication to discuss access, we learned as a guide for future pedestrian set-ups. project schedule and impact mitigation efforts. This consistent communication will occur in the following River Bridge Construction Approach four-step process: Step 1: Our Project Engineer will go door-to-door or Due to accessibility constraints and narrow working business-to-business to introduce himself, and discuss conditions, the most challenging aspect of this project is the upcoming project.We will also find out who will the approach to setting the River Bridges. However,with be the main point of contact during pre-construction our experience of setting many pedestrian bridges over and construction. After introductions, we will hand out active waterways, our history of successful CMAR projects, an information packet that will include a cover letter and our extensive research and understanding of this site, that will give a brief overview of the project, cell phone we believe Haydon is the most qualified to provide value numbers for Haydon management to call at any time, in the pre-construction and construction phases. a project schedule showing when construction will be near their property, an example of a driveway entrance In our research of the bridges and site, Haydon bridge to demonstrate that business or resident access will be expertise managers met with Davis Crane Services and maintained at all times, and an example of the monthly Contech Bridges to help develop the most practical newsletter discussing project highlights and upcoming and cost effective bridge setting approach with the activities that they will be receiving in the mail (if current information at hand. We learned that the pre- requested by the City).We also have online social manufactured bridge weighs approximately 192,000 Ibs media tools that may better reach park users. and spans 240 feet. Also, a 600 ton crane reaches its maximum lifting capability of 150,000 Ibs at 100 feet of Step 2: Haydon will facilitate stakeholder meetings early reach. As a result, it is not practical to set the bridge with in the pre-construction phase where the stakeholders a single crane from one side of the river. Therefore it will can voice their concerns and opinions for the project. be necessary to gain access on both sides of the river. Haydon will then incorporate their concerns into This will not be an issue for Bridge #1. Please see page planning and scheduling of the project for construction. 12 for our Value Engineering idea to gain access on the Step 3: During construction,we will send weekly emails north side of the River on Bridge #2. to key stakeholders to inform them of construction Also, due to limited access to the bridge sites, each activities.These weekly updates will show property bridge will need to be brought to the site in smaller owners when they may be affected. There will also sections and assembled strategically to minimize the be a link to Haydon's website to show job status and laydown area/need for extensive clear and grub. To progress photos. achieve this, we will plan to assemble the bridge sections Step 4:As construction progresses, we will continue longitudinally along the trail pathway for Bridge #1 nd direct communication with stakeholders. We will visit along the closest fish hatchery road for Bridge #2. stakeholders three weeks before our crews will be near their property to discuss any concerns. Option 1 —Conventional Crane Setting To achieve this option, we will utilize a 600 Ton crane on both sides of the river. Each side will pick half of the Maintaining Existing Trail and Bike Access assembled bridge section and perform a mid-air splice at the 120 foot mid-section to complete the 240 foot Throughout the Lake Worth area, there are many users of span. Due to the nature of the conventional setting„this the mountain bike trails and park goers. It will be critical provides benefits of a practical operation, safety, and a to account for their needs and maintain accessibility potential cost savings (please see Figure H at the top of for these key stakeholders at all times. To achieve this, page 16). Haydon will provide a formal access plan (for those riding mountain bikes or walking the parks)to the project Option 2 —Bridge Launching Operation team for review and approval prior to each segment of To achieve this option, we will utilize a 600-ton crane on construction. This could include temporary detour routes one side of the river and use a smaller 100-ton crane on or access parallel to construction operations in certain the opposite side. On the 100-ton crane side,we would instances. Haydon staff will continuously monitor this install a 'temporary launching system'that would include access and make this group of stakeholders a priority. two drilled shafts that were attached to the abutments 15 MHAYDON using I-Beams. PROJECT APPROACH Figure H: Conventional Crane Setting Epp TON SPLICE 600 TON CRANE POINT CRANE Q • 6 13 p A smaller section of bridge would then be set onto the I-Beams(rollers in Construction Sequencing between),secured to the underside of the I-Beam with a Bogie system, and then using the leverage of the 'temporary launching system', be launched A critical component of this project is over the river to begin the span.We would then splice another section of sequencing construction in a manner bridge on the back side and continue this launch until engineering required that not only maximizes efficiency us to reach from the other side of the river(with the 600-ton crane)to help and minimize construction time,but support the load.The two temporary drilled shafts could then be removed to also accounts for protection of the just below the surface and remain in place. The advantages of this approach environment, park and mountain bike is limited access on one side of the river for the smaller crane.The cost for access, and safety working around the the'temporary launching system'could be offset by the reduced access and unique terrain and rivers. With this larger crane requirement. Considering the tight work limitations,we would being said, the core concepts of our further vet this option in pre-construction (please see Figure I below). phasing are as follows: Figure I: Bridge Launching Operation • Divide the trails into manageable working Segments (Trailhead to 100 TON Trailhead) CRANE 600 TON CRANE . Utilize two crews to work concurrently on separate Segments • Focus initial construction on creating access and installation of DRILLE' the two River Bridges ANCHOR • Install the Trail away(inside—out SHAFT ABUTMENT concept)from the completed River Bridges • Complete the project in one year of construction GIE SSYYSSTEM BEAM" • Minimize impacts to all adjacent stakeholders BEAM R - Complete a Segment in full before ROLLER moving onto the next Segment ZOOM ELEVATION SECTION - Phase the work so adjacent Segments are not occurring at the Other Bridge Setting Options: During pre-construction, we will vet same time. other options such as working from the river bottom. Currently, with our - Limit clearing areas to preserve knowledge, we do not find this to be practical at this stage. This is due the environment to the unpredictability of the lake having to maintain certain elevations to - Limit amount of non-trail access preventing flooding to the nearby residents.At any given 24 hour period points the river could be at low level and significantly higher the next day. This is, With our understanding of the project however an option that will need to be looked into further. Another option and maintaining Haydon's core may to set only one truss of the 240 foot span, temporarily brace, set the concepts, we propose the following other truss, and then install the cross members and decking from the ends phasing to balance each critical aspect. -working to the middle. The structural integrity of a single truss with a 240' (please see Figure J on page 17). span however, is of concern but certainly worth vetting in pre-construction. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 16 PROJECT AP RQAC_ Figure J:Phasing Plan and Phasing Schedule Tr&06**d typo A. I T w T B Arrlha►�'iry.A4 '. Tralnyd Trpa C� Tradhaad fypa C Trn t.[+d TIFa C ~Ac o Pane Watar Treatnwnt 1 ' Phase Description tb16 oh nM r rralh..d rryTarC •=nor 6-�.+sc.otorn ietca ap.tr a �r ;d- •GAIa0t Wl Cban.WbL AU.rmf.,,.w ba4dl i!tlp F - �•— . - vary k. - �Gt...taau oaaa+raa dsa,be-acrd YSTtPlr n.16r..rl a I��fi�tyu f) -- - TM{wv s nKkAmTrttlyad Trx{a-d Prd9.wy,1 1WIS}w.MT ITh.y.APA,jhd"M�.Lo~ate awF rwlhead IVPCA 1'5tp�n 21M�TrtKr d Tyn.r Ca.d Pd N�1 El...i 'I I_. 3�aidar7t Traihnad-ryu 4Y and F'd L*N I Y OF FORT WORTH PHASE 1 PRO ECT NO C 01920 17 PROJECT APPROACH The following information further details our Phasing Achieving Project Close-out approach: 1. Our initial focus will be to create access for River Our approach to closing out this project is to remain Bridge #1. These access points are depicted as proactive throughout construction to ensure an coming from Anahuac Ave and YMCA Camp Carter. expeditious close-out. This is achieved by completing There will be necessary clearing and grubbing as outstanding items on the weekly construction meeting well as tree trimming to provide adequate crane agenda, staying up to date on as-built information each and bridge access. We will minimize our access- month, and remaining accurate with monthly quantities. way footprint to place a priority on preserving the Staying current with this information saves time at the environment. end of the project. 2. The Bridge and all related aspects will then be installed by utilizing one of our installation options, as Special Considerations / Skills discussed on pages 15-16. 3. Upon completing River Bridge #1, we will then mirror Expertise and Synergy of the Haydon Team: Each of our team members have worked together on multipl this operation to complete River Bridge#2. A point q CMAR projects and understand the value of partnering and of note on the Access for River Bridge#2; It may be necessary to 'plate'the fish hatchery access with a teamwork.We also have a great working relationship with foot of aggregate (for certain stretches)due to the Freese and Nichols and are currently working with them crane weight.A 600-ton crane weighs approximately on the Montgomery Street CMAR. 280,000 Ibs unloaded and with our site research, the Excellence in Partnering: As the recipient of the 2013 hatchery roads can be soft and pose significant issues National Marvin M. Black award on the similar Gillespie if not accounted for. Bridge Project, Haydon values partnering at the highest 4. At the same time the bridge access work begins, we level. will also focus our attention on Trail Segment#7 by Expertise in Park and Pedestrian Bridge Project: utilizing a second mainline trail crew. This Segment Haydon has completed 15 pedestrian bridge projects is far enough away from the River Bridge scopes that over active waterways. Also, with 10 municipal pa&s to we will not overwhelm the area with construction in our credit, Haydon is a leader in master park construction, one concentrated area. This will help to minimize the which allows us to bring an added element of design impact by managing the perception of construction to assistance as we develop linear park concepts. stakeholders. In-House Capabilities:A great value with Haydon is our 5. We will complete Segment#7 in full (including in-house capabilities, which allows us to better control the trailhead scope) before moving east to begin budget and schedule. These capabilities include Pothole Segment#6. This process will repeat itself as we work Utility Investigations, Construction Surveying, Topo and in an eastern direction around Lake Worth—until Site-Modeling, Building Information Modeling (BIM), we meet the first mainline trail crew that begins at and have several registered engineers on staff. Figure K Segment#1 (after River Bridge construction) and below demonstrates our BIM capabilities. works in a Western direction. Both of these crews will meet �k to complete Segment#3 ' r, together. •. - 6. In any typical section of s A trail within wooded terrain, ' we will employ an 'inside to out' concept due to the tight working constraints and the want to preserve the environment(please see Figure K to the right). For example, in reducing our footprint of clear and grub, it will be necessary to _ complete the trail and adjacent landscaping as we work 'inside to out' (a wayward manner from bridge pinch points). This means that as we complete trail work,we will not have a parallel access road for heavy equipment, as this would prove Figure K. Typical Work Set-Up- Work Away from Bridge Pinch Poin inefficient and add cost to the budget. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 18 UPROJECT APPROACH QA/QC AND SAFETY PLAN Managing Subcontractors: Equally as important to our QC Plan is managing subcontractors, as they will play QA/QC Plan an important role on the Lake Worth Trail Street project. Construction Project Matt Tinch will be responsible for In a CMAR project, the QA/QC plan begins in the pre- the day-to-day management of subcontractors, and construction phase. will also be responsible for implementing the Hayden subcontractor management plan,which will include: Pre-Construction: Within this phase, our plan facilitates preparation of accurate drawings, calculations Required Orientation Before Starting Work: Haydon and related documents furnished under the scope of will require each subcontractor to meet with our project work by establishing and implementing procedures, management team before starting work on the project. responsibilities and relationships for members of the During this meeting we will review the subcontractgrs project team. The QA/QC team conducts independent scope of work, environmental requirements, quality technical and constructability reviews for the project control, and traffic control, as well as communications to verify the project is being designed in accordance plan and safety requirements. The subcontractors must with the City of Fort Worth design standards and is also identify the on-site superintendent who is responsible constructible. Each member of the QA/QC team signs for their crews' work activities and project management. off on a technical review prior to each submittal. At each Integrated Involvement with Design: Specialty submittal, a copy of the signed QA/QC checklist will be subcontractors will participate in task force meetings and provided to the City of Fort Worths Project Manager. design reviews early in pre-construction for an opportunity Construction Project Manager Matt Tinch will monitor the to provide valuable design input and comment on progress of the project tasks relative to schedule, quality, constructability and value engineering. Haydon plans to use and accuracy of the final product. subcontractors to perform activities that are better suited to Construction: Jay Ochs (Quality Control Manager) will smaller,specialty firms. Before allowing a subcontractor to be responsible for developing and managing the project- begin Fort Worth project,sblet that will request item.approval from the specific construction Quality Control (QC) Plan. With this City plan in place, our team assures the City of Fort Worth that Areas of specific bridge focus will be as follows: we will a ultimately responsible for QC. Key elements addressed by the QC Plan include: Critical to ensure abutment location and grades correct • After drilled shafts are installed, survey will prov�de Organizing and identifying the key personnel, abutment lines and grades. including their roles and responsibilities. • Superintendent checks the formed abutment before Identifying systematic actions necessary to ensure concrete placed. that all materials and workmanship meet the Survey then double checks this before and after P e concrete placement. specified level of quality. • Length of bridge from prefabricated bridge Controlling material by establishing separate and manufacturer is confirmed (includes camber and independent quality control sampling and testing deflection) and then survey checks the span between policies, procedures, and frequencies. the abutments. Establishing procedures for identifying, Bridge Erection documenting, and correcting non-conforming • Ensure safe and adequate access for the bridge work. sections and the cranes. Providing verification & independent monitoring • Develop quality crane pick plans making sure cranes such as utilizing pre-pour checklist for all concrete have necessary capacities and engineered rigging. • Know and plan for any potential crane problem4— pours. nearby overhead,trees, underground utilities, soft Recognizing the importance of and providing for ground, etc. environmental,traffic, and utility coordination. • Fully understand bridge manufacturer requirem¢nts During construction, Jay will manage the for splicing the bridge (types of welds or bolts and QC process, oversee our third party QC required QC inspection of each) subcontractor, and guarantee the plan is Safety administered to provide the City of Fort Worth with a project of the highest quality. Haydon strives for the highest of safety standards. Safety Recognizing the importance outcomes and does not occur by chance- it is the result of careful processes,the QC manager works directly as attention to all company operations by those who are a part of the project team, as shown in the directly and indirectly involved. Employees at all levels organization chart, and additionally reports must work diligently to execute the company's policies of maintaining safety and occupational health. Jamos monthly to the Project Principals. Harbor, Haydon's Safety Officer, will ensure that Haydon operates at the highest level of safety at all times. 19 ®HAYDON PROJECT APPR Jim will be involved during pre-construction to assist in Working together, our foremen, superintendents, the safety layout of the project and safe access through engineers, and safety professionals will perform a detailed construction work zones. Jim's responsibilities include: hazard analysis for every work activity. This process breaks down the work tasks to be performed, identifies the Overall Site & Safety Plan Implementation hazards associated with the task, and develops a plan to - Bridge Safety Plan mitigate the identified hazards to allow safe execution - Plan for Working Around Water of the work. The sharing of the Job Hazard Analysis with all crew members takes place during regularly scheduled Hazardous Materials Plans project meetings and "Toolbox" meetings. In addition, Proactive Public Relations on the Lake Worth Trail project, supervisors will perform On-Site Coordination a Jobsite Inspection each day to identify and correct any Subcontractor Mentoring potential hazards or property damage issues. Jim Harbor actively participates in the Associated General Safety Training: Our philosophy is that safety is Contractors Safety Committee. Project Superintendent everyone's job and everyone on the project is responsible Roger Garey and Structures Superintendent Matt Gilliland for reporting unsafe conditions. To achieve this,we are OSHA qualified "Competent Persons" and have develop and implement a safety training program for all participated in rigorous safety training throughout their workers. Such training includes bridge awareness, fall careers.Their knowledge of safety standards and practices Protection, competent person, trench safety and confined will be of value to this project. In addition to Roger spaces, operator training and site specific emergency and Matt,all of our team's foremen and lead men are action planning to name a few. In addition, we will hold qualified as OSHA Competent Persons. In 2015, Haydon Daily Refresher Work Plan Meetings for every crew at the beginning of each shift. In this format, the crew maintained an excellent EMOD factor of 0.54, one of foreman covers safety, quality, previous day's performance the lowest in the industry(please see Figure L below goals and the setting of goals for the current day. and Exhibit H in Tab B: Forms& Certifications, as well as a letter from our insurance agent- Lovitt&Touche Communicating the Safety Message: To inform -included in Tab B with our exhibits, demonstrating our crews of any special hazards and to reinforce safety Haydon's experience modification rate history. principles, we schedule safety meetings each dayland/or Safety lan Overview shift. Crews will begin each shift with a "Daily Refresher" y meeting to discuss that day's work, any associated safety The key components of Haydon's safety culture hazards, and the expected production for the day. include workplace safety, management involvement, Public Safety: We understand that project success accountability, and a structured approach to safety will be measured by our ability to protect the lives and discussions and training. Implementing the program property of the traveling public. Haydon's Safety Officer, involves analysis and inspection, safety training, and James Harbor,will work with the entire construction team continuing communication to inform and reinforce safe to ensure that construction operations do not place the practices. Haydon has corporate safety departments public or the environment at risk. dedicated to ensuring safe completion of projects company-wide. Our Team's Site Specific Safety Plan will COST AND SCHEDULE CONTROL be developed to assure compliance with all Federal, State and local regulations with particular emphasis on Cost Control the Occupational Health Act of 1970 (OSHA) and/or OSHA1926/1910 Standards. In our CMAR experience,the value of cost control is Figure L. Safety Record created when we are able to eliminate change orders in construction by defining and accounting for those reduced costs within the pre-construction phase cost 2015 0.54 models. Control of the project budget is as important as 2014 0.64 timely project delivery. 2013 0.67 With this being said, a key benefit of the CMAR process 2012 0.68 is the peace of mind in knowing that at the end of the 2011 0.69 project,the contract value will not exceed the GMP. Through this process,there are no change orders. We understand this process as we have completed over Aspects of our Team's Safety Plan include: 150 CMAR projects company-wide, have never failed to reach a GMP, and have never exceeded a GMP.We feel Analysis and Inspection: Our Team will use a Daily Job this is a tremendous value to the City of Fort Worth, as it Hazard Analysis,Work Plans, and Jobsite Inspection as helps to reduce the learning curve by relying on Haydon's tools to inform and educate employees about potential experience and lessons learned. safety hazards. Hazard Analysis is an important safety tool we employ to educate our employees. CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 20 _EW IECT APPROACH Controlling cost in a CMAR project is accomplished early in pre-construction and more specifically with the 60% In construction, Haydon will host weekly construction and 90% cost models. It goes well beyond the traditional meetings and provide three week look-a-head schedules sharpening of the pencil and relying on multiple that give the team a snapshot of the detailed daily subcontractor and supplier pricing.With Design/Bid/Build activities. This planning tool is comprehensive enough to projects, large change orders are often generated due to cover all activities, all subcontractors(including MBEs), utility relocation delays, unknown utility conflicts, right- all stakeholder issues and impacts,quality control items, of-way acquisitions and constructability issues. However, and all traffic control issues for the upcoming short term. with the CMAR process, these would all be mitigated The schedule also includes the previous week's as-built in pre-construction through coordination meetings, activities to track any needs for schedule recovery or constructability reviews, plan reviews, risk analysis and missing elements of work that need to be addressed. In value engineering workshops. addition to the overall project schedule, Haydon will hold Work Plan Meetings for every crew at the beginning of Cost Sheet Breakdown each shift. In this format,the crew foreman covers safety, During construction, Haydon will submit monthly'Final quality, previous days'performance goals, and setting goals for the current day. Pay-App Projections'to the City. See Figure M at the end of Section F(excluded from page count) as an example Change Order Management from our Montgomery Street CMAR showing how we will track against our pay items. In the far right columns, Another key benefit of the CMAR delivery method is the we will track the total forecasted units for each contract opportunity for the Haydon Team to work collaboratively item and the change(up or down).At an early stage in with the City of Fort Worth and Freese and Nichols, the life of the project,this information will allow the City through the pre-construction phase. The City of Fort to understand the projected under-run from the GMP.The Worth, Freese and Nichols, and Haydon will share City may then decide to informally allocate those monies ownership in the project documents.Through participation to future projects or even add scope on this project,while and contribution, each will be kept updated of any staying under the GMP. This is a cost control approach changes to their development.We will partner with the that has proven to be successful on other Haydon CMAR City of Fort Worth and Freese and Nichols,to assist with projects. In addition,as part of Figure M (included at plan coordination and perform constructability reviews to the end of Section F, excluded from page count)we assure a complete and constructible set of documents. In have attached a 'Direct Cost Report'that shows complete the event of an owner-driven change of scope,we will: transparency on how we arrived at any given pay item amount. 1. Define the scope of the change Schedule Control 2. Review the scope change, perform value engineering and constructability reviews The value of schedule control in the CMAR process is 3. Analyze the budget impact of the scope change established when we are able to create a document that using an open book cost modeling approach tracks the timely completion of all necessary activities, 4. Submit contract modification to City for apprpval resulting in time and cost savings to the project owner. 5. Execute the contract modification This document is referred to as the Master CPM Schedule and will serve as our guide to a successful project.The During Cost Analysis, GMP adjustments will follow the CMAR process provides a unique opportunity,which allows same process established in the development of the Haydon to be involved early in the design phase.As a original GMP, which includes open book cost modeling result,we are able to better control the project outcome and use of the predetermined fee. In our experience, by including all activities. Important items to schedule cost associated with an owner initiated request would be would be cost model deadlines,cost model reviews, plan charged against the project contingency that has already update deadlines, plan reviews, constructability reviews, been accounted for in the GMP. Finally, our approacrh value engineering analysis, utility relocations, coordination to dealing with subcontractor change orders would'be meetings, long lead material procurement, local events, to initially determine the cause. If it is owner-initiated and construction to name a few. and dependent upon the size, the change would be The focus of our schedule will be to save time and money gain t a coat ngenc. previously if t s not owner-driven,accounted for for the owner and we believe this is a primary reason we we would discuss as a team and reject the change order have a high rate of CMAR repeat business.We are able or account against a contingency, depending upon the to do this by identifying areas where construction can circumstances. begin early, maximizing efficiency and utilizing creative sequencing. Pre-Construction Manager David Laughlin and Construction Project Manager Matt Tinch will work with the team to develop this schedule in our Primavera P6 software. This schedule will be updated weekly and during the pre-construction phase, submitted weekly to the City of Fort Worth and Freese and Nichols. 21 (bHAYDON PROJECT APPR EXCLUDED FROM PAGE COUNT Figure M: Sample Cost Sheet Breakdown (Final Pay-App Projection and Direct Cost Report) Final Pay-App Projection HAYDON BUILDING CORP 8200,Texas 760 Drive,cotta 230 �� Irving,Texas 76063 Office:972-7391405/Fax:972.264-1922 Mon1gome 60%Cost Estimate 4/13/15 Bid Itenuf F1 Worth C lent Standard Total I '-- Forecasted - N.Imber If-�D)nll- Work Prime Price Quantity Unit 7:Water 1 3311.0555 16"DIP Water X LF 2,610.00 $ 240.00 $ 626,400.00 2,600.00 $ 624,000.00 $ (2,400.00) 2 3311.0442 12"Water Pipe X LF 25.00 $ 290.00 $ 7,250.00 20.00 $ 5,800.00 $ (1,450.00) 3 3311.0242 6"Water Pipe X LF 1,175.00 $ 100.00 $ 117,500.00 1,175.00 $ 117,500.00 $ - 4 3311.0142 6"Water Pipe X LF 315.00 $ 101.00 S 31,815.00 315.00 $ 31,615.00 $ - 5 3311.0D62 4"PVC Water Pipe X LF 35.00 $ 100.00 $ 3,500.00. 35.00 $ 3,500.00 $ - 6 3331.4116 8"Sewer Pipe X LF 120.00 S 91.00 $ 10,920.00 125.00 $ 11,375.00 $ 455.00 7 0241.1218 4"-12"Water Abandonment Plug X EA 13.00 $ 760.00 $ 9,860.00- 12.00 $ 9,120.00 $ (780.00) 8 0241.1302 Remove 6"Water Valve X EA 7.00 $ 500.00 $ 3,500.00 7.00 $ 3,500.00 $ 9 0241.1303 Remove 6"Water Valve X EA 3.00 $ 620.00 $ 1,860.00 3.00 $ 1,880.00 $ - 10 0241.1305 Remove 12"Water Valve X EA 6.00 $ 875.00 $ 5,250.00 6.00 $ 5,250.00 $ - 11 3201.0113 6'WIDE ASPHALT PVMT REPAIR,RESIDENTIAL X LF 360.00 $ 49.00 $ 17,640.00 300.00 $ 14,700.00 $ (2,940.00) 12 3292.0400 SEEDING,HYDROMULCH X SY 20.00 $ 30.00 $ 600.00 20.00 $ 600.00 $ - 13 3304.0002 CATHODIC PROTECTION X LS 1.00 $ 5,000.00 $ 5,000.00 1.00 $ 5,000.00 $ 14 3304.0101 TEMPORARY WATER SERVICES X LS 1.00 $ 5,000.00 $ 5,000.00 1.00 $ 5,000.00 $ - 15 3305.0109 Trench Safety-Water X LF 4,205.00 S 1.75 $ 7,356.75 4,205.00 $ 7,358.75 $ - 16 3305.0110 UTILITY MARKERS X LS 1.00 S 1,000.00 $ 1,000.00 1.00 $ 1,000.00 $ - 17 3311.0001 DUCTILE IRON WATER FrTTINGS W/RESTRAINT X TON 13.00 $ 2,000.00 S 26,000.00 13.00 $ 26,000.00 $ " 18 3312.0001 Fire Hydrant X EA 10.00 S 3,765.00 $ 37,650.00 10.00 $ 37,650.00 $ - 19 3312.0106 Connection to Existing 16"Water Main X EA 3.00 S 1,900.00 $ 5,7DO.DD 3.00 $ 5,700.00 $ 20 3312.0117 Connection to Existing 4"-12"Water Main X EA 13.00 S 820.00 S 10,660.00 13.00 $ 10,880.00 $ - 21 3312.1002 2"COMBO AIR VALVEASSEMBLY FOR WATER X EA 1.00 $ 7,180.00 $ 7,180.00 1.00 $ 7,180.00 $ - 22 3312.2001 1"WATER SERVICE,METER RECONNECTION X EA 24.00 $ 1,520.00 $ 36,480.00 22.00 $ 33,440.00 $ (3,040.00) 23 3312.2003 J."WATER SERVICE X EA 24.00 S 1,990.00 $ 47,760.00 22.00 $ 43,780.00 $ (3,980.00) 24 3312.2101 11/2"WATER SERVICE,METER RECONNECTION X EA 3.1X) $ 1,570.00 $ 4,710.00 3.00 $ 4,710.00 $ 25 3312.2103 11/2"WATER SERVICE X EA 3.00 $ 2,310.00 $ 6,930.00 3.00 $ 6,930.00 $ 26 3312.2201 2"WATER SERVICE,METER RECONNECTION X EA 8.00 $ 1,595.00 $ 12,760.00 8.00 $ 12,760.00 $ 27 3312.2203 2"WATER SERVICE X EA 8.00 $ 2,840.00 $ 22,720.00 8.00 $ 22,720.00 $ - 28 3312.2204 2"PRIVATE WATER SERVICE X LF 75.00 S 75.00 $ 5,625.00 80.00 $ 6,000.00 $ 375.00 29 3312.2802 4"WATER METER AND VAULT X EA 1.00 S 14,270.00 $ 14,270.00 1.00 $ 14,270.00 $ - 30 3312.3002 6"Gate Valve X EA 11.00 S 1,250.00 $ 13,750.00 11.00 $ 13,750.00 $ - 31 3312.3003 8"Gate Valve X EA 13.00 S 1,500.00 $ 19,500.00 13.00 $ 19,500.00 $ - 32 3312.3005 12"Gate Valve X EA 1.00 $ 2,420.00 $ 2,420.00 1.00 $ 2,420.00 $ - 33 3312.3006 16"Gate Valve w/Vault X EA 4.00 S 12,270.00 $ 49,080.00 4.00 $ 49,080.00 $ $ 1,177,668.75 $ 1,163,928.76 $ 13,740.00 A Subtotal-Work Item Direct Coats $ 1.177.668.75 S 695.910.20 f 85 General Conditions MO. 3 $ 53,000.00 $ 159,000.00 3.00 $ 159,000.00 $ (3.00) B Subtotal-Add'l Direct Costs(85+A) $ 1.336.668.75 $ 654.910.20 S (3.00) Be General Liability,Auto Insurance,etc...(.88%of C) % 0.88% $ 11,762.69 0.00% $ 7,523.21 $ (0.01) 87 General Contractors Bond(.9%of C) % 0.90% $ 12,030.02 0.00% $ 7,694.19 $ (0.01) C Subtotal-Bond/Insurance(86+67+B) $ 1.360.461.45 $ 870.127.60 S (3.02) 88 Contractors Fee IS%of C) % 8.00% $ 108,836.92 0.00% $ 69,610.21 $ (0.08) D Subtotal-Fee(88+C) S 1.469.298.37 $ 939.737.81 5 (3.101 89 Recommended Project Contingency for Plan Completion % 5.0% $ 73,464.92 -2.0% $ 36,395.88 $ (0.05) E Subtotal-Contingency(89+D) f 1.542.763.29 S 976.133.49 5 13.151 F Total-Waterline Scope Only S 1 542 763.29 E 976 133.49 S 3.15 ©HAYDON CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 -C ECT APPROACH EXCLUDED FROM PAGE COUNT Figure M: Sample Cost Sheet Breakdown (Final Pay-App Projection and Direct Cost Report) 15-078-02 FT WORTH-MONTGOMERY CMAR 60% 04/13/2016 4:07 PM Page 125 of 153 Paaource Description PoIANta Quantity Unit Unit Coat Twat% Actual UC Total ST1 BE SEMI-END DUMP 1.00 4.00 HR 90.00 100.00 90.00 360.00 Activity: 60-502 M-12"WATER PIPE Quantity: 25 Unit: LF Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX5506 STREET CONSTRUCTION R.aauma Daxriptlon Pdwate Quantity Unit Unit Cost TaVOT% Actual UC Total 2WW WATER WORKS 1.00 25.00 LF 29.66 100.00 29.66 741.60 Biditem 3311.0242 8"WATER PIPE,CSS BACKFILL Takeoff Qty: 1,175.000 LF Client#:VII-3 184000 Bid Qty: 1,175.000 LF Base labor Burden Total labor Equipment Perm Matb font Math Sub fen.tt Ana Total U.Coot 12.54 4.48 17.02 25.60 57.88 0.00 0.00 0.00 100.50 Total 14,738.00 5,261.97 19,999.97 30,077.20 68,012.78 0.00 0.00 0.00 118,089.95 Manhors Unit/MH MHfunit S/MH Base tabor/AYH Total Labor/MH Urdt/CH 848.0000 1.3856 0.7217 139.2570 17.3797 23.5849 5.2928 Activity: 02-230 LOAD PIPE SPOILS Quantity: 1065 Unit: CY Baas Labor Burden Total Labor Equlpnent P.-Motes Cant MAU Sub fen.Beim Total U.Coat 1.02 0.37 1.39 3.00 0.00 0.00 0.00 0.00 4.39 Total 1,088.00 391.70 1,479.70 3,193.60 0.00 0.00 0.00 0.00 4,673.30 Crew$A1nit Crew Hra/UnIt Units/Crew Hr $/Crew Hour Shtfb UnibRht t ShItwunit $/Shift 4.3881 0.0300 33.2813 146.0406 4.0008 266.2500 0.0038 1,168.3250 Manhoura Urdt/MH MH/Unit Total Labor/MH Base tabor/Undt 64.0000 16.6406 0.0601 23.1203 1.0216 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PLS Load Pipe Spoils Prod:US 266.25 Eff:100.00 Crew Hrs: 32.00 Labor PCs: 2.00 Equipment PCs:2.00 R__ Mcriptlon Po/Wate Quantity Unit Unit Cost T.VOT% Actual UC Total 8E950 CAT 950 LOADER 1.00 32.00 HR 65.50 100.00 65.50 2,096.00 BEW38 WATER TRUCK-3800 GAL 1.00 32.00 HR 34.30 100.00 34.30 1,097.60 OLD LOADER OPERATOR 1.00 32.00 MH 17.00 100.00 22.27 712.65 T38 TEAMSTER-3800GL Writ TRK 1.00 32.00 MH 17.00 100.00 23.97 767.05 Activity: 02-441 8" WATERLINE D,L,@ BF Quantity: 1175 Unit: LF Bare Labor Burden Total Labor Equlpmant Perm Malb Comt Matra Sub fen.it.- Total U.Coat 10.61 3.69 14.30 16.35 0.00 0.00 0.00 0.00 30.65 Total 12,466.00 4,338.56 16,804.56 19,209.60 0.00 0.00 0.00 0.00 36,014.16 Crew$AAde Cr.w Hr.VMt Units/Cr.w Hr $/Cr-Hour Shift Unita/ShHt Shlf aninit $/Shift 30.6503 0.0783 12.7717 391.4583 11.5000 102.1739 0.0098 3,131.6661 Manhours Untt/MH MHA1nit Toth Labor/MH base Labor/Unit 736.0000 1.5965 0.6264 22.8323 10.6094 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PS Pipe Small Diameter Prod:US 102.1739 Eff:100.00 Crew Hrs: 92.00 Labor PCs: 8.00 Equipment PCs:4.00 If- Dnaiptlon Po/Vat. Quantity Unit Unit Cost Taa/OT% Actual UC Total 88320 CAT 320 1.00 92.00 HR 75.00 100.00 75.00 6,900.00 BE950 CAT 950 LOADER 1.00 92.00 HR 65.50 100.00 65.50 6,026.00 BERAY RAYGO COMPACTOR 1.00 92.00 HR 34.00 100.00 34.00 3,128.00 SEW38 WATER TRUCK-3800 GAL 1.00 92.00 HR 34.30 100.00 34.30 3,155.60 LG GENERAL LABOR 1.00 92.00 MH 13.00 100.00 17.45 1,605.30 OBH BACKHOE OPERATOR 1.00 92.00 MH 21.00 100.00 27.09 2,492.40 OCMP COMPACTOR OPERATOR 1.00 92.00 MH 16.50 100.00 21.67 1,993.41 OGC GRADE CHECKER 1.00 92.00 MH 17.00 100.00 22.27 2,048.85 OLD LOADER OPERATOR 1.00 92.00 MH 17.00 100.00 22.27 2,048.85 PL PIPE LAYER 1.00 92.00 MH 17.00 100.00 23.97 2,205.25 PLO PIPE BACKUP MAN 1.00 92.00 MH 17.00 100.00 23.97 2,205.25 T38 TEAMSTER-3800GL WTR TRK 1.00 92.00 MH 17.00 100.00 23.97 2,205.25 Activity: 02-499 TEST/DISINFECT WATERLINE Quantity: 1175 Unit: LF Base Labor Burden Total Labor Equlpnant Perm Meb Const Mats Sub fen.items Total U.Coot 1.01 0.45 1.46 0.25 0.00 0.00 0.00 0.00 1.71 Total 1,194.00 531.71 1,715.71 294.00 0.00 0.00 0.00 0.00 2,009.71 Crew SAhdt Cr-Hr&fUnIt Unib/Crw Hr $/Crew Hour Shift Unib/Sldit Shlfbmnit $/Shi t 1.7104 0.0136 73.4375 125.6069 2.0000 587.5000 0.0017 1,004.8550 Manhoura UrdtMW MH/Unit Total Labor/MH base Labor/Un t 48.0000 24.4792 0.0409 35.7440 1.0077 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PT PIPE TEST Prod:US 587.5 Eff:100.00 Crew Hrs: 16.00 Labor PCs: 3.00 Equipment PCs:2.00 @HAYDQN PROJECT APPRQACHM EXCLUDED FROM PAGE COUNT Figure M: Sample Cost Sheet Breakdown (Final Pay-App Projection and Direct Cost Report) 15-078-02 FT WORTH-MONTGOMERY CMAR 60% 04/13/2016 4:07 PM Page 126 of 153 Remo, Dwcrlptlon PcL wste Quantity Unit Unit fast T./0T% Acbrl UC Total ShICOM COMPRESSOR 1.00 16.00 HR 9.50 100.00 9.50 152.00 BTPU PICK UP 1.00 16.00 HR 8.88 100.00 8.88 142.00 PL PPE LAYER 1.00 16.00 MH 17.00 100.00 23.97 383.52 PLB PPE BACKUP MAN 1.00 16.00 MH 17.00 100.00 23.97 383.52 SPF PPE FOREMAN 1.00 16.00 MH 40.00 100.00 59.29 948.67 Activity: 30-210 BUY CEMENT STAB SAND Quantity: B71 Unit: CY Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: 5506 STREET CONSTRUCTION Parurce D--"I- Pc/yMa (b-ft Unit Unit Cost TaVOT% Acbrl UC Total 2AGGCTBF CEMENT STAB BF 1.90 1,654.90 TN 30.00 100.00 30.00 49,647.00 Activity: 30-303 BUY BEDDING SAND Quantity: 194 Unit: CY Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX5506 STREET CONSTRUCTION Remo, DoscApllon Po/Wt. Qwtity Unit Unit Cost TaVOT% Actual UC Total 2AGGPCS CUSHION SAND 1.90 368.60 TN 22.00 100.00 22.00 8,109.20 Acthmty: 35-100 RENT SEMI-END DUMP Quantity: 82 Unit: LD Craw Shat C-H.Uft UnfbKanw Hr $K-Hour tMtta U."ll m ShNbA*k f/51rIR 90.0000 1.0000 1.0DW 90.0000 10.2500 8.0000 0.1250 720.0000 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX5506 STREET CONSTRUCTION Crew: TI BE End Dumps Prod:S 10.25 Eff:100.00 Crew Hrs: 82.00 Labor PCs: 0.00 Equipment PCs:1.00 Rrruroe DrWPtlan Pdwsta gwft Unit Unit Cost TaVQT% Actual UC Total 877 BE SEMI-END DUMP 1.00 82.00 HR 90.00 100.00 90.00 7,380.00 Activity: 60-502 M-8'PVC PIPE Quantity: 1175 Unit: LF Calendar.508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX5506 STREET CONSTRUCTION P-- Dreripd- Pua/wne Q Lity Unit Unit Cost T./OT% Acbrl LK Total 2WW WATER WORKS 1.00 1,175.00 LF 8.73 100.00 8.73 10,256.58 Biditem 3311.0142 6"WATER PIPE,CSS BACKFILL Takeoff Qty: 315.000 LF Client#:VII-4 185000 Bid Qty 315.000 LF 11-Labor Burd. Total Labor E Mp.. hum Wits Cast AwAs Sub fan.Items Total U.Coro, 16.47 5.93 22.40 29.81 48.94 0.00 0.00 0.00 101.15 Total 5,187.42 1,868.34 7,055.76 9,390.08 15,416.57 0.00 0.00 0.00 31,862.41 M-h- UnWMH MHA1Mt 1/MH Bar Lab./MH Total Lab./MH UuHI/CH 295.2600 1.0669 0.9373 107.9131 17.5690 23.89A 4.6576 Activity; 02.230 LOAD PIPE SPOILS Quantity: 254 Unit: CY Bre Labor Surd- Total Labor Equlpmnt Perm Math Cant Mob Sub Can.Ibmt Total U.C.t 1.02 0.37 1.39 3.00 0.00 0.00 0.00 0.00 4.39 Total 259.42 93.39 352.81 761.48 0.00 0.00 0.00 0.00 1,114.29 Crew 1A1alt Cress HnWnit Unlb/Crnr Hr SIC-Hour Shift, Urdts/ShHt ShHbAtnit 1/SIdR 4.3870 0.0300 33.2814 146.0043 0.9540 266.2509 0.0038 1,168.0342 Mann- Urdt/MH MH/Unit Total Labor/MH Bar Labor/Unit 15.2600 16.6448 0.0601 23.1199 1.0213 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PLS Load Pipe Spoils Prod:US 266.2509 Eff:100.00 Crew Hrs: 7.63 Labor PCs: 2.00 Equipment PCs:2.00 Rasourn D-criptlon Pua/Mkb Qandty Unit Unit Cost T-10T% Acbrl lK Total BE950 CAT 950 LOADER 1.00 7.63 HR 65.50 100.00 65.50 499.77 8EW38 WATER TRACK-3800 GAL 1.00 7.63 HR 34.30 100.00 34.30 261.71 OLD LOADER OPERATOR 1.00 7.63 MH 17.00 100.00 22.27 169.92 T38 TEAMSTER-3800GL WTR TRK 1.00 7.63 MH 17.00 100.00 23.97 182.89 Activity 02-440 6- WATERLINE D,L,&BF Quantity: 315 Unit: LF Bar lab. Burden Total Labor E4IUdP.+t Perm Wtb Corot Mat, Sub Gan.Iran Total U.Coat 13.77 4.79 18.56 21.21 0.00 0.00 0.00 0.00 39.77 Total 4,336.00 1,509.10 5,845.10 6,681.60 0.00 0.00 0.00 0.00 12,526.70 Crave SAtnit Crave HrLgNt Unlb/Cr-Hr $K-Hour Shlhs UnIbmtrt Shh'Istunit SAOdIt 39.7673 0.1016 9.8438 391.4594 4.DDO0 78.7500 0.0127 3,131.6750 M-h- Urdt/MH MWUnit Total Labor/MH Bar Lab./Un1t 256.0000 1.2305 0.8127 22.8324 13.7651 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PS Pipe Small Diameter Prod:US 78.75 Eff:100.00 Crew Hrs: 32.00 Labor PCs: 8.00 Equipment PCs:4.00 Remo D-criptlon P./W-ba Qft Unit Unit Cast TaVOT% Acbrl UC Total 88320 CAT 320 1.00 32.00 HR 75.00 100.00 75.00 2,400-00 CITY OF FORT WORTH, LAKE WOR-I 0 TRAIL- PHASE 1, PROJECT NO. C-01920 0 PROJECI APPROACH EXCLUDED FROM PAGE COUNT Figure M: Sample Cost Sheet Breakdown (Final Pay-App Projection and Direct Cost Report) 15-078-02 FT WORTH-MONTGOMERY CMAR 60% 04/13/2016 4:07 PM Page 127 of 153 SE950 CAT 9%LOADER 1.00 32.00 HR 65.50 100.00 65.50 2,0%.00 BERAY RAYGO COMPACTOR 1.00 32.00 HR 34.00 100.00 34.00 1,088.00 8EW38 WATER TRUCK-3800 GAL 1.00 32.00 HR 34.30 100.00 34.30 1,097.60 LG GENERAL LABOR 1.00 32.00 AW 13.00 100.00 17.45 558.37 OBH BACKHOE OPERATOR 1.00 32.00 AW 21.00 100.00 27.09 866.92 OCMP COMPACTOR OPERATOR 1.00 32.00 AW 16.50 100.00 21.67 693.36 OGC GRADE CHECKER 1.00 32.00 MH 17.00 100.00 22.27 712.65 OLD LOADER OPERATOR 1.00 32.00 MH 17.00 100.00 22.27 712.65 PL PIPE LAYER 1.00 32.00 MH 17.00 100.00 23.97 767.05 PLO PIPE BACKUP MAN 1.00 32.00 MH 17.00 100.00 23.97 767.05 T38 TEAMSTER-3800GL Writ TRK 1.00 32.00 AW 17.00 100.00 23.97 767.05 Activity: 02-499 TEST/DISINFECT WATERLINE Quantity: 315 Unit: LF Bw labor Burden Total Lab. EqulptwH P.-Matlt Court Math sub Gan.R.- Total U.Coat 1.88 0.84 2.72 0.47 0.00 0.00 0.00 0.00 3.19 Tow 592.00 265.85 857.85 147.00 0.00 0.00 0.00 0.00 1,004.85 Crow SAMdt Crow HMAdt Unie/Cr Hr SIC_Hour shift, Ukde/SMft 9afhAink $NM 3.1900 0.0254 39.3750 125.6063 1.0000 315.0000 0.0032 1,004.8500 Mah- UodNMH MH/U t Total labor/MH Bw L bw/Urdt 24.0000 13.1250 0.0762 35.7438 1.8794 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX6319 WATER MAIN CONSTRUCTION Crew: PT PIPE TEST Prod:US 315 Eff:100.00 Crew Hrs: 8.00 Labor PCs: 3.00 Equipment PCs:2.00 Moury Dafaiptlon PdW,b gm-dty Utdt Unit Cott Tar/OT% AetlW UC Total BMCOM COMPRESSOR 1.00 8.00 HR 9.50 100.00 9.50 76.00 STPU PICK UP 1.00 8.00 HR 8.88 100.00 8.88 71.00 PL PIPE LAYER 1.00 8.00 MH 17.00 100.00 23.97 191.76 PLB PIPE BACKUP MAN 1.00 8.00 MH 17.00 100.00 23.97 191.76 SPF PIPE FOREMAN 1.00 8.00 MH 40.00 100.00 59.29 474.33 Activity: 30-210 BUY CEMENT STAB SAND Quantity: 210 Unit: CY Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: 5506 STREET CONSTRUCTION Marx Dourlptlon Pa/Ww ppatlty Unk Un%Coat Tar/OT% AebW UC Total 2AGGCTBF CEMENT STAB OF 1.90 399.03 TN 30.00 100.00 30.00 11,970.90 Activity: 30-303 BUY BEDDING SAND Quantity: 44 Unit: CY Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX5506 STREET CONSTRUCTION Marc Dr,niptlm Pdwe- Gpatlty Unit Untt Coat TWDr% Actual UC Total 2AGGPCS CUSHION SAND 1.90 83.60 TN 22.00 100.00 22.00 1,839.20 Activity: 35-100 RENT SEMI-END DUMP Quantity: 20 Unit: LD Caw SA" Caw H gkm indtuc-w SIC_A_ sidle IKdU/sldK shNnAAdt SFAd t 90.0000 1.0000 1.0000 90.0000 2.5000 8.OD00 0.1250 720.0000 Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX55D6 STREET CONSTRUCTION Crew: TI BE End Dumps Prod:S 2.5 Eff:100.00 Crew Hrs: 20.00 Labor PCs: 0.00 Equipment PCs:1.00 It- Dwriptlon PNW,ta 0mantlty Unit Unk Coat TWDr% AebW UC Total 8T18E SEMI-END DUMP 1.00 20.00 HR 90.00 100.00 90.00 1,800.00 Ar.th7ity: 60-502 M-6'PVC PIPE Quantity: 315 Unit: LF Calendar:508 5 X 8 HR WEEK Hrs/Shift:8 WC: TX55D6 STREET CONSTRUCTION Moro Drwipd- Pdw,- piMntltY Wdt Unk Cost Taa/Qr% AebW UC Tow 2WW WATER WORKS 1.00 315.00 LF 5.10 100.00 5.10 1,606.0 Biditem 3311.0062 4"PVC WATER PIPE,CSS BACKFILL 186000 Bid Qty: 35.000 LF Client#:VII-5 Bid Qty: 35.000 LF a-labor Burden Total labor E rAPmant Pam Mall, Gaut Meth Sub Gan.I-- Total U.Curt 18.57 6.69 25.26 32.38 0.07 0.00 0.00 0.00 99.71 Total 650.00 234.09 884.09 1,133.38 1,472.38 0.00 0.00 0.00 3,489.85 Mahan Unk/MH MWWdt s/MH Boa labor/RAH Total labor/RAH Unit/CH 37.0000 0.9459 1.0571 94.3203 17.5676 23.8943 4.3750 Activity: 02-230 LOAD PIPE SPOILS Quantity: 26 Unit: CY Ba-labor Burden Total labor EgAl t Pam Math Covet Mam Sub 6m.Iotme Total U.Curt 1.31 0.47 1.78 3.84 0.00 0.00 0.00 0.00 5.62 Tow 34.00 12.24 46.24 99.80 0.00 0.00 0.00 0.00 146.04 Crow SAinft Caw HMAdt UnhzKO Hr sx_H_ SNfta Un"amolt ShWtaAhdt $NM 5.6169 0.0385 26.0000 146.0400 0.1250 208.0000 0.0048 1,168.3200 Mahan UWMH Wifurk Total labor/MH Ba-laborlUrk ©HAYDON MINORITY BUSINESS ENTERPRISE-PARTICIMMUZ COMPLIANCE WITH THE BUSINESS Figure O. Subcontractor Construction Opportunities DIVERSITY ENTERPRISE ORDINANCE r tUM II Diestription Minority Business Enterprise (MBE) Asphalt for Parking Lot $75,000.00 Subcontractor Utilization Haydon will conduct extensive small business outreach Landscaping $215,000.00 within communities neighboring the project to ensure MBE Sawcutting $15,000.00 objectives are met. Haydon recognizes that success is not determined by the signing of a contract but rather with the Concrete Pumping $12,000.00 successful delivery of a project. Haydon's subcontractor Drilled Shafts $65,000.00 partnership program is built on the foundation of Integrity, Rebar for Drilled Shafts $15,000.00 Accountability,and Value. Haydon's program includes instruction related to Davis Bacon reporting, OSHA Steel Erection $167,000.00 training, subcontractor payment reporting,overall safety Tree Trimming and and quality training, and Title VI. Haydon utilizes its Removal $220,000.00 subcontractor partnership program to mitigate the risks involved for our MBE partners. Our team believes that it Trucking $75,000.00 can exceed the minimum goal of 15% MBE participation Fencing $10,000.00 required for this project during the construction phase by achieving 18% participation. Construction MBE Bridge Painting $50,000.00 Subcontractor Opportunities. Signage and Striping $12,000.00 Haydon is committed to not only exceeding the City's Bike Racks $15,000.00 MBE goal assessed for this project but to ensure that SWPPP $35,000.00 MBEs are utilized in a variety of work categories. These Electrial $20,000.00 efforts mitigate allegations of over-concentration and serve to foster good will in the subcontracting community. Masonry $15,000.00 Haydon encourages participation from qualified small TOTAL VALUE $1,016,000.00 and disadvantaged businesses by participating in local 18.01%(based upon inclusion municipal programs. Our estimating department MBE % PARTICIPATION maintains an ongoing database of qualified MBE $5.6M contract value) subcontractors and vendors. Haydon has a successful history of meeting or exceeding MBE goals, as indicated Due to the page limitation and early stage of the project, in Figure N below. We have also identified MBE at this time, we cannot practically list the hundredl�of subcontractor scope opportunities, compiled from the potential MBE contractors that will be contacted. MBE listing provided by Patty Wilson and Tasha Kilgore with the City of Fort Worth's M/WBE office on May 10th, Construction MBE Subcontractor Opportunities 2016 in Figure O above to the right. As part of our project management approach and team organization, Sr. Estimator Colleen Martindale will serve Our MBE Plan at this time is to, at the time the 90% as the MBE designee for the duration of the projejct. Plan Stage is due to the City, provide a detailed MBE Colleen will be the City's primary point of contact Utilization Plan that outlines detailed work descriptions, regarding all matters related to MBE activity, and will be tier levels, package values, and other requested specifics. responsible for communicating with and reporting Plan This will include our outreach efforts, scope discussions, compliance to the City's Project Manager and M/WBE schedule requirements, and bidding process. Our MBE office throughout the project. Further, Haydon will clearly plan will include the pertinent and required contact identify MBE subcontractors on its three week look-ahead information for any MBE contractor that will be contacted schedules to ensure that commercially useful function during the development of the GMP. requirements are being met and to facilitate the City's on-site visits. Figure N. Haydon's MBE Goal Track Record TxDOT 1-30 Park& Ride 8.0% 18.0% TxDOT US-80& Forney Parkway Bridge 4.0% 1010% TxDOT IH-20 Ramp and Bridge Construction at Kleburg 8.0% 10.0% Arizona DOT Why Tucson Highway San Pedro Road Segment 5.6% 6.2% Maricopa County DOT Old US80 Gila River Bridge 2.48% 2.65% Maricopa County DOT Ellsworth Road, Germann to Ray Phase 1 11% 11.2% City of Phoenix Pecos Park 14% 17.1% CITY OF FORT WORTH, LAKE WORTH TRAIL- PHASE 1, PROJECT NO. C-01920 22 DAVID LAUGHLIN PRE-CONSTRUCTION MANAGER 15 YEARS AT HAYDON / 15 YEARS TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: David will oversee Haydon's efforts during pre-construction and into construction as needed. David will be the team's primary point of contact during this phase and will manage overall delivery of the plans/contract documents, constructibility reviews, value engineering, utility coordination Jr and relocation, cost models, stakeholder coordination, and GMP creation. + a ^ Having worked on over 22 CMAR projects, David understands what it takes to it. make this type of project a success at all levels. David and Matt Tinch will work 4 _ together to seamlessly transition to the construction phase. EDUCATION & SELECT PROJECT EXPERIENCE: CERTIFICATION City of Fort Worth - Montgomery Street CMAR - Fort Worth, TX I Scope MBA, University of Arizona includes creating a gateway to the new Will Rogers Arena coming in 2019. Phoenix, AZ Project scope includes removal and installation of a new 5-lane roadway from the 1-30 Freeway to Camp Bowie Boulevard, new storm drain,water, roadway BS, Construction Management, base, concrete pavement, shared-use path, traffic signals and street lighting, Arizona State University,Tempe,AZ signing and striping, landscaping, and hardscaping features. $10.OM City of Surprise Pedestrian Bridge at Lizard Acre Wash D/B -Surprise, AZ WORK EXPERIENCE Scope included providing a 10-foot wide and 125-foot long pedestrian bridge across Lizard Acres Wash, improving pedestrian connectivity of the city-guide 2002 - Present trail system. $272,415 HAYDON BUILDING CORP City of Phoenix-Sonoran Boulevard CMAR - Phoenix, AZ I Project consists Intern, Project Engineer, of 7.5 miles of new roadway constructed within a 150-foot section of ROW Project Manager and will consist of one 12-foot lane in each direction with 8-foot(min) paved shoulders and a raised or paved-flush median to handle two-way traffic; scope also included three roadway bridges, a concrete shared use path, and steel truss pedestrian bridges over the existing washes. $40.OM TxDOT- 1-30 Park & Ride -Grand Prairie, TX I Renovations to the existing 1-30 Freeway corridor between Beltline Road and MacArthur Boulevard; construction includes multiple phasing, new entrance and exit ramps and a new par and ride facility. Mass Grading, storm drain pipe, water lines, soil nail retaining walls, drilled shaft retaining walls, soil cement stabilization, asphalt paving, concrete paving, hardscape with a Park and Ride Shelter and landscaping are some of the key features to this project. $17.2M TxDOT- US-80 & Forney Parkway Bridge - Forney, TX I Construction of the Forney Parkway Bridge over US-80 and UPRR. The project includes drilled shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and deck paving. Pipe includes 24" RCP- 439 LF, 30" RCP -2,222 LF, 36" RCP- 244 LF, 42" RCP- 200 LF, 7x4 box culvert- 743 LF $19.2M TxDOT Dallas IH-20- Dallas, TX I Construction of frontage roads and ramps connecting IH 20 to Haymarket Road, asphaltic concrete pavement, concrete pavement, retaining walls, lime treated subgrade, grading, drainage structures, noise wall, signing and pavement markings. $7.3M City of Mesa -Greenfield Road (Baseline Road to Southern Avenue) CMAR- Mesa, AZ I Widening of existing bridge over active waterway to accommodate new road improvements.The project consists of widening the roadway to include 3 through lanes, raised median, dual left turn lanes and right turn lanes at the intersections, walls, signals, lighting and landscaping. $6.8M CITY OF FORT WORTH MONTGOMERY STREET CMAR PROJ. NO. 02432 MATT TINCH CONSTRUCTION PROJECT MANAGER ` 4 YEARS AT HAYDON / 11 YEAR S TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: ' Matt will lead Haydon's construction efforts and serve as the owner's liaison ;. and primary point of contact during this phase. His involvement with David ® in pre-construction will develop the phasing and sequencing plans, scheduling and coordination of construction trades, and identify cost saving potential .� _.,..� and risk mitigation analysis. He will also implement quality control measures for all work installed, perform site inspections, and accurately communicate . and disseminate plans and specifications to the construction team and subcontractors. EDUCATION & SELECT PROJECT EXPERIENCE: CERTIFICATION TxDOT- 1-30 Park & Ride-Grand Prairie, TX I Renovations to the existing BBA in Project Management 1-30 Freeway corridor between Beltline Road and MacArthur Boulevard; Texas A&M University construction includes multiple phasing, new entrance and exit ramps and a College Station, TX new park and ride facility. Mass Grading, storm drain pipe,water lines,soil nail retaining walls, drilled shaft retaining walls, soil cement stabilization, WORK EXPERIENCE asphalt paving, concrete paving, hardscape with a Park and Ride Shelter and landscaping are some of the key features to this project. $17.2M 2012 - Present HAYDON BUILDING CORP TxDOT-SL 289 Widening & Bridge Reconstruction - Lubbock, TX Project Manager This project consists of widening 1.5 miles of SL 289 from two lanes in each direction to three lanes in each direction. The widening also includes the 2007 -2010 demolition and reconstruction of both northbound and southbound bridges on Archer Western Contractors SL 289 over North Quaker Avenue, to be expanded from approximately 300 LF Project Engineer to 1,000 LF and widen from two lanes in each direction to three lanes in each direction. Included in the project is the widening of the surface streets and 2004 - 2007 frontage roads. $26.9M KFS, Inc. Management Trainee TxDOT- US 62/82 Interstate & Bridge Structures- Lubbock, TX I This project involves the construction of 12,000 LF of four-lane interstate and bridge structures. The first phase includes the extension of the US-327 Spur—4,000 LF of fourlane interstate and a 300-foot long, 68-foot wide pre-cast concrete girder structure with a pour-in-place concrete deck elevated above Milwaukee Avenue.The second phase includes 7,000 LF of interstate highway and frontage road with two separate bridge structures 300 feet long and 40 feet wide with a pre-cast concrete girder structure with a pour-in-place concrete deck elevated above Milwaukee Avenue. Also included are 100,600 SF MSE walls, 60,200 SY cementtreated base, 136,408 SF pour-inplace rip rap, 33,500 SY concrete paving, 217,176 CY embankment, and drainage. $22AM City of Grand Prairie -Gifford Street and Bagdad Road (WO#550.67, NE 15th St WO #570.44) -Grand Prairie, TX I Paving 3,400 LF along Gifford, 1,400 LF along Bagdad, 700 LF along NE 15th Street, 7,700 LF of storm drain ranging in size from 18" reinforced concrete pipe to 8'x4' reinforced concrete box culvert, 1,200 LF of 8" PVC water line, 7,200 LF of PVC sanitary sewer ranging in size from 8" to 18", and 57,500 CY mass grading of a 33-acr+e lot/ tract. Additional improvements for NE 15th Street include reinforced concrete storm drainage pipe. $5.2M TxDOT- FM 720 Denton County- Denton County, TX I Widened a two-lane rural road to a six-lane urban divided road consisting of grading, structures, drainage, signals, signing, and pavement. $15.5M CITY OF FORT WORTH MONTGOMERY STREET CMAR PROJ. NO. 02432 " MARK EKLUND ESTIMATING MANAGER 18 YEARS AT HAYDON / 40 YEARS TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: Mark will oversee Haydon's specific efforts in the areas of Cost Modeling and GMP creation. Mark will be involved with design reviews, value engineering, constructibility reviews, and technical engineering reviews. Having worked on 78 CMAR projects, Mark is uniquely qualified to provide experience on this project. SELECT PROJECT EXPERIENCE: EDUCATION & City of Fort Worth - Montgomery Street CMAR - Fort Worth, TX Scope includes creating a gateway to the new Will Rogers Arena coming in 2019. CERTIFICATION Project scope includes removal and installation of a new 5-lane roadway from the 1-30 Freeway to Camp Bowie Boulevard, new storm drain, water, roadway BS, Construction (Specialized in base, concrete pavement, shared-use path, traffic signals and street lighting, Heavy Construction) signing and striping, landscaping, and hardscaping features. $10.OM Arizona State University City of Surprise- Pedestrian Bridge at Lizard Acre Wash D/B -Surprise, AZ WORK EXPERIENCE I Scope included providing a 10-foot wide and 125-foot long pedestrian bridge across Lizard Acres Wash, improving pedestrian connectivity of the city-wide 1998 - Present trail system. $272,415 HAYDON BUILDING CORP Vice President, Heavy Civil Division City of Phoenix- Sonoran Boulevard CMAR - Phoenix, AZ I Project consists of 7.5 miles of new roadway constructed within a 150-foot section of ROW 1990- 1998 and will consist of one 12-foot lane in each direction with 8-foot (min) paved Hunter Contracting Co. shoulders and a raised or paved-flush median to handle two-way traffic;;scope Project Manager, Chief Estimator also included three roadway bridges, a concrete shared use path, and steel truss pedestrian bridges over the existing washes. $40-OM 1986 - 1990 R.E. Miller Paving and TxDOT- 1-30 Park& Ride -Grand Prairie, TX I Renovations to the existing 1-30 Construction Co. Freeway corridor between Beltline Road and MacArthur Boulevard; construction Senior Estimator, Vice President includes multiple phasing, new entrance and exit ramps and a new par and ride facility. Mass Grading, storm drain pipe, water lines, soil nail retain ng 1978-1986 walls, drilled shaft retaining walls, soil cement stabilization, asphalt paving, Harper Contracting Co. concrete paving, hardscape with a Park and Ride Shelter and landscaping are Superintendent, Estimator some of the key features to this project. $17.2M City of Peoria - Pedestrian Bridge Over the New River at Rio Vista Park D/B - Peoria, AZ I Pedestrian bridge with drilled shaft foundation, cast-in-place abutments, 300' pre-fabricated steel bridge with cast-inplace concrete deck. The new pedestrian bridge connects the residential community to the c�ty park. $1.1M City of Tempe Western Canal Multi-Use Path CMAR -Tempe, AZ I This project includes 5.5-miles of multi-modal urban trail, multi-use lighted concrete trail, 24 separate "nodes" of stylized architectural concrete, decorative gateway entrances to the trail from neighborhood areas, path surface demolition, extensive landscaping, elevated tee box with boulder rock walls, grading, drainage, and paving. $9.5M City of Peoria - Rio Vista Park Phase 2 - Peoria, AZ I Award-winning 2 - acre district park that includes an urban lake, lighted soccer fields, light d baseball fields, playground structures, memorial garden, maintenance E uilding, concession/restroom building, lighted parking lots, automatic irrigation system, perimeter security fencing, and extensive landscaping. $8.OM CITY OF FORT WORTH MONTGOMERY STREET CMAR PROJ. NO. 0432 COLLEEN MARTIN DALE SENIOR ESTIMATOR 4 YEARS AT HAYDON / 9 YEARS TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: Colleen will attend all design team meetings and provide up-to-date cost and schedule information to enable the team to make decisions based on real impact factors and best value construction methods. Colleen will work with Mark on the development of Cost Models and GMP(s). With extensive similar experience, including CMAR. Colleen will provide input on design reviews, value engineering, constructibility reviews, and technical engineering reviews. Colleen will serve as our MBE designee, and will be the City's primary point of contact regarding all matters related to MBE activity. EDUCATION & SELECT PROJECT EXPERIENCE: CERTIFICATION City of Fort Worth - Montgomery Street CMAR - Fort Worth, TX I Scope BS, Civil Engineering includes creating a gateway to the new Will Rogers Arena coming in 2019. University of Texas Project scope includes removal and installation of a new 5-lane roadway from the 1-30 Freeway to Camp Bowie Boulevard, new storm drain, water, roadway WORK HISTORY base, concrete pavement, shared-use path, traffic signals and street lighting, signing and striping, landscaping, and hardscaping features. $10.OM 2013 - Present TxDOT- 1-30 Park & Ride -Grand Prairie, TX I Renovations to the existing HAYDON BUILDING CORP 1-30 Freeway corridor between Beltline Road and MacArthur Boulevard' Senior Estimator construction includes multiple phasing, new entrance and exit ramps and a 2007 -2013 new park and ride facility. Mass Grading, storm drain pipe, water lines, soil McCarthy,TX nail retaining walls, drilled shaft retaining walls, soil cement stabilization, asphalt paving, concrete paving, hardscape with a Park and Ride Shelter and Senior Estimator landscaping are some of the key features to this project. $17.2M TxDOT - US-80 & Forney Parkway Bridge - Forney, TX I Construction of the Forney Parkway Bridge over US-80 and UPRR. The project includes drilled shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and deck paving. Pipe includes 24" RCP-439 LF, 30" RCP - 2,222 LF, 36" RCP- 244 LF, 42" RCP - 200 LF, 7x4 box culvert- 743 LF. $19.2M TxDOT- Precinct Line at Walker Branch — Hurst, TX I Roadway and bridge reconstruction and expansion involving a two phase bridge over Walker Branch Creek, bridge demolition over Walker Branch, retaining walls, 4362 LF of storm drain systems, 2500 LF of new waterline involving a hot tap on a 33" water transmition line, earthwork operations, subgrade improvements, concrete paving, HMAC paving, gabions, gabion mattresses, 36" stonelrip rap, landscaping, traffic signals, electrical improvements, fence improvements, and striping. $10.51VI TxDOT Dallas IH-20 - Dallas, TX I Construction of frontage roads and ramps connecting IH 20 to Haymarket Road, asphaltic concrete pavement, concrete pavement, retaining walls, lime treated subgrade, grading, drainage structures, noise wall, signing and pavement markings. $7.3M Port of Houston Authority- Barbour's Cut Wharf 1 Rehabilitation - Houston, TX I Upgrade 1,333 feet of existing wharf by installing 36-inch and 48-inch drilled piers, repair existing drilled piers, install a pre-cast concrete building, portable water lines, hydrants, electrical equipment to support new wharf cranes, electrical and communication duct banks, electrical conductors,!high mast light poles, reinforced concrete pavement, and pavement striping. $35.OM CITY OF FORT WORTH MONTGOMERY STREET CMAR PROJ. NO. 0232 i ROGER GAREY PROJECT SUPERINTENDENT 1 YEAR AT HAYDON / 10 YEARS TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: Roger will run daily on-site operations and manage all subcontractors, and all of our self-performed work. He will control and implement quality control measures, traffic control coordination, material delivery scheduling, and general field coordination. Roger will directly assist Matt Tinch in daily operatiolns to keep your project running smoothly, and will also assist Steve Rothwell (Safety Manager) in developing and implementing a site and project-specific safety plan. Additionally, Matt will work closely with our Bridge Team Manage s, Matt Gilliland and Joe Stevens, to coordinate all bridge aspects of the project. During pre-construction, Roger will provide expertise in reviewing the plans for EDUCATION & constructibility and value engineering options. CERTIFICATIONS SELECT PROJECT EXPERIENCE: Not Applicable TxDOT Dallas IH-20- Dallas, TX I Construction of frontage roads and ramps WORK EXPERIENCE connecting IH 20 to Haymarket Road, asphaltic concrete pavement, concrete pavement, retaining walls, lime treated subgrade, grading, drainage structures, 2015 - Present noise wall, signing and pavement markings. $7.3M HAYDON BUILDING CORP TxDOT- IH 30 Frontage Roads, Beltline Road to MacArthur Boulevard - Project Superintendent Dallas, TX I Construction of three-lane frontage road consisting of grading, 2012 - 2015 pavement, drainage, structures, signing, and pavement markings. $25.1 M Ames Construction TxDOT— IH-20 at Kleburg— Balch Springs, TX I Construction of two new General Foreman and ramps for IH-20 along with one bridge. $6.OM Superintendent 2008 - 2012 *ADOT-San Pedro River Bridge Replacement - Sierra Vista, AZ I Bridge Kiewit replacement project for a 3-span bridge across the San Pedro River through a Foreman sensitive conservation area. $7.2M *ADOT- 202 Red Mountain Drive D/B - Phoenix, Tempe, and Mesa, AZ 10-mile widening project for EB SR-202 and a 2-mile widening of WB SR-202. *Central Arizona Project-CAPCOM Phase II CMAR- Phoenix, AZ I 60-mile span project designed to enhance communication by installing 16-pair fiber and 2 additional conduits for future expansion. $B.OM *ADOT US 93 SR71 to SR39 -Arizona I Project scope consisted of 5 Whiles of roadway, 20 box culverts, and 500,000 CY of earthwork. $12.5M *ADOT- US 93 Antelope Wash -Arizona I The project widens about 3 miles of US 93 from two lanes to four lane divided roadway.The job had 1.1 million yards of dirt, 5 box culverts and 4 bridges. One of the challenges that the project partnership tackled was erosion control on their cut slopes. $19.5M *ADOT- Marsh Station Road -Arizona I Scope included 2 miles of the 1-10 corridor with 2 bridges over a creek; the project removed a railroad bridgc, that spanned over 1-10, creating height restrictions. $17.5M *Completed prior to employment with Haydon Building Corp. CITY OF FORT WORTH MONTGOMERY STREET CMAR PROJ. NO. 0432 MATIr G I LLI LAN D STRUCTURES SUPERINTENDENT 3 YEARS AT HAYDON / 11 YEARS TOTAL EXPERIENCE ROLE/RESPONSIBILITIES: Matt will work closely with Structures Manager Joe Stevens and focus on the River Bridges, Pedestrian Bridges, and miscellaneous retaining walls. During pre-construction, Matt will play an important role in bridge constructability reviews, value engineering ideas, access conditions, coordination with subcontractors/suppliers, and phasing and sequencing of all bridge and structures aspects. During construction, Matt will manage the installation of the bridges and retaining walls while coordinating closely with Project Superintendent Roger Garey. In addition, Matt will implement all quality measures related to the retaining walls and bridges. EDUCATION & CERTIFICATIONS SELECT PROJECT EXPERIENCE: BS, Construction Management TxDOT-Walsh Ranch Parkway - Parker County, TX I This project included a Oklahoma State University frontage road and new interchange consisting of grading, drainage, concrete pavement, retaining walls, bridges, signals, lighting, pavement markings, OSHA 30-Hour signing, and safety enhancement. $14.5M ASBI Post Tension/Grouting Training and Certification TxDOT— IH-20 at Kleburg — Balch Springs, TX I Construction of two new ramps for IH-20 along with one bridge. $6.OM SWPPP Training City of Grand Prairie- Gifford Street and Bagdad Road (WO#550.67, NE 1122 Spec Certification 15th St WO #570.44) - Grand Prairie, TX I Paving 3,400 LF along Gifford, 1,400 LF along Bagdad, 700 LF along NE 15th Street, 7,700 LF of storm drain WORK EXPERIENCE ranging in size from 18" reinforced concrete pipe to 8'x4' reinforced concrete box culvert, 1,200 LF of 8" PVC water line, 7,200 LF of PVC sanitary sewer 2013 - Present ranging in size from 8" to 18", and 57,500 CY mass grading of a 33-acre lot/ HAYDON BUILDING CORP tract. Additional improvements for NE 15th Street include reinforced concrete General Structures Superintendent storm drainage pipe. $5.2M 2013 - 2013 TxDOT- lH 27 Plainview- Lubbock, TX I Demolition of two existing bridges, The Lane Construction and the construction of two new bridges and three new Texas u-turns. $19.9M Corporation TxDOT- FM 720 Denton County - Denton County, TX I Widened a two-lane Senior Job Engineer rural road to a six-lane urban divided road consisting of grading, structures, 2007 -2013 drainage, signals, signing, and pavement. $15.5M Austin Bridge & Road TxDOT- Precinct Line at Walker Branch — Hurst, TX I Roadway and bridge Superintendent reconstruction and expansion involving a two phase bridge over Walker 2005 - 2007 Branch Creek, bridge demolition over Walker Branch, retaining walls, 4362 Archer Western LF of storm drain systems, 2500 LF of new waterline involving a hot tap on a Field Engineer 33 water transmition line, earthwork operations, subgrade improvements, concrete paving, HMAC paving, gabions, gabion mattresses, 36 stone rip rap, landscaping,traffic signals, electrical improvements, fence improvements, and striping. $10.5M TxDOT- IH 20 Dallas- Dallas, TX I Construction of frontage roads and ramps connecting IH 20 to Haymarket Rd, asphaltic concrete pavement, concrete pavement, retaining walls, lime treated subgrade, grading, drainage structures, noise wall, signing and pavement markings. $7.3M CITY OF FORT WORTH MONTGOMERY STREET CMAR PROD. NO. 02432 ATTACHMENT C Standard General Conditions For A CMAR Contract CMAR—CFW FOR: C01920 Page 12 of 13 STANDARD GENERAL CONDITIONS FOR A CMAR AGREEMENT Ul I)'Of:FORT WORTII Sf,NNL)ARDCONSIR[jC]IONSI'IIC'IFCAI[ON I)OCtJMI-,N'l-Sl�ORC'MAIZI)ROJECIS Pagc I of 71 Raised Dcccmbcr2014 STANDARD GENERAL CONDITIONS OF A CMAR AGREEMENT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology..........................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology.................................................................................................................................12 Article2 — Preliminary Matters........................................................................................................................ 13 2.01 Copies of Documents................................................................................................................... 13 2.02 Commencement of Contract Time; Notice to Proceed............................................................... 13 2.03 Starting the Work......................................................................................................................... 13 2.04 Before Starting Construction, Baseline Schedules...................................................................... 14 2.05 Preconstruction Conference......................................................................................................... 14 2.06 Public Meeting............................................................................................................................. 14 Article 3—Contract Documents: Intent, Amending, Reuse.......................................................................... 14 3.01 Intent.............................................................................................................................................14 3.02 Reference Standards..................................................................................................................... 15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Amending and Supplementing Contract Documents................................................................. 16 3.05 Reuse of Documents................................................................................................................... 16 3.06 Electronic Data............................................................................................................................16 Article 4—Availability of Lands; Subsurface and Physical Conditions, I lazardous Environmental Conditions; Reference Points.........................................................................................................17 4.01 Availability of Lands ...................................................................................................................17 4.02 Subsurface and Physical Conditions ...........................................................................................17 4.03 Differing Subsurface or Physical Conditions..............................................................................18 4.04 Underground Facilities ................................................................................................................19 4.05 Reference Points ..........................................................................................................................20 4.06 Hazardous Environmental Condition at Site...............................................................................20 Article 5— Indemnity, Bonds and Insurance ....................................................................................................21 5.01 Indemnification................................................................................................................................21 5.02 Bonds............................................................................................................................................22 5.03 Certificates of Insurance..............................................................................................................23 5.04 Categories of Insurance...............................................................................................................24 5.05 Insurance Requirements.................................................................................25 5.06 Acceptance of Bonds and Insurance: Option to Replace ..........................................................27 CI 1 Y UI FOR I \\OR I I I S 1A N DA R 1)CONS I RI iCTION SPEC IFCA I[ON DOCU N1 FN I S I OR CNIAR PROJI[C I S Pa Le o1 71 Rc\iscd Ucccmhcr 20 14 Article 6-CMAR's Responsibilities..............................................................................................................27 6.01 Supervision and Superintendence...............................................................................................27 6.02 Labor; Working Hours.................................................................................................................28 6.03 Solicitation of Construction- Phase Work..................................................................................28 6.04 Service, Material and Equipment................................................................................................29 6.05 Project Schedule..........................................................................................................................29 6.06 Substitutes and "Or Equals..........................................................................................................30 6.07 Concerning Subcontractors, Suppliers, and Others...................................................................32 6.08 Wage Rates ................................................................................................................................33 6.09 Patent Fees and Royalties...............................................................................34 6.10 Permits and Utilities....................................................................................................................35 6.11 Laws and Regulations.................................................................................................................35 6.12 Taxes ...........................................................................................................................................36 6.13 Use of Site and Other Areas .......................................................................................................36 6.14 Record Documents......................................................................................................................37 6.15 Safety and Protection ..................................................................................................................37 6.16 Safety Representative..................................................................................................................38 6.17 Hazard Communication Programs .............................................................................................38 6.18 Emergencies and/or Rectification...............................................................................................38 6.19 Submittals and Samples...........................................................................................................39 6.20 Continuing the Work...................................................................................................................40 6.21 CMAR's General Warranty and Guarantee................................................................................40 6.22 Additional Professional Design Services ..................................................................................41 6.23 Right to Audit..............................................................................................................................42 6.24 Nondiscrimination.......................................................................................................................42 Article 7-Other Work at the Site...................................................................................................................42 7.01 Related Work at Site...................................................................................................................42 7.02 Coordination................................................................................................................................43 Article8-City's Responsibilities...................................................................................................................43 8.01 Communications to CMAR.........................................................................................................43 8.02 Furnish Data................................................................................................................................43 8.03 Pay When Due ............................................................................................................................44 8.04 Change Orders.............................................................................................................................44 8.05 Inspections, Tests, and Approvals..............................................................................................44 8.06 Limitations on City's Responsibilities .......................................................................................44 8.07 Undisclosed hazardous Environmental Condition.................................................................._44 Article 9-City's Observation Status During Construction...........................................................................44 9.01 City's Project Representative .....................................................................................................44 9.02 Visits to Site................................................................................................................................45 9.03 Authorized Variations in Work ..................................................................................................45 9.04 Rejecting Detective Work ..........................................................................................................45 CI I Y01 FOR I WORTH S I ANDARD CONS-11MCI]ON SPFCIFCA I]ON DOCI NIIiN I S FOR CMAR U I S I S I",w,c,o1 71 R %u ed Dcumhcr 2014 9.05 Determinations for Work Performed..........................................................................................45 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45 Article 10-Changes in the Work; Claims; Extra Work................................................................................46 10.01 Authorized Changes in the Work...............................................................................................46 10.02 Unauthorized Changes in the Work ...........................................................................................46 10.03 Execution of Change Orders.......................................................................................................46 10.04 Extra Work..................................................................................................................................46 10.05 Notification to Surety..................................................................................................................47 10.06 Contract Claims Process.............................................................................................................47 Article 11 -Cost of the Work; Allowances; Unit Price Work.......................................................................48 11.01 Cost of the Work.........................................................................................................................48 11.02 Allowances/Contingency............................................................................................................54 11.03 Unit Price Work..........................................................................................................................54 11.04 Additional Compensation ..............................................................................55 Article 12-CMAR's Fee, Change of Contract Price; Change of Contract Time. Delays............................55 12.01 CMAR's Fee................................................................................................................................55 12.02 Change ofGMP...........................................................................................................................55 12.03 Change of Contract Time...........................................................................................................56 12.04 Delays......................................................................................................56 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................57 13.01 Notice of Defects ........................................................................................................................57 13.02 Access to Work...........................................................................................................................57 13.03 Tests and Inspections..................................................................................................................57 13.04 Uncovering Work........................................................................................................................58 13.05 City May Stop the Work.............................................................................................................58 13.06 Correction or Removal of Defective Work................................................................................59 13.07 Correction Period........................................................................................................................59 13.08 Acceptance of Defective Work...................................................................................................60 13.09 City May Correct Defective Work.............................................................................................60 Article 14- Payments to CMAR and Completion.........................................................................................61 14.01 Schedule of Values......................................................................................................................61 14.02 Progress Payments......................................................................................................................61 14.03 CMAR's Warranty of Title .........................................................................................................63 14.04 Partial Utilization........................................................................................................................63 14.05 Final Inspection...........................................................................................................................64 14.06 Final Acceptance.........................................................................................................................64 14.07 Final Payment..............................................................................................................................64 14.08 Final Completion Delayed and Partial Retainage Release ........................................................65 14.09 Waiver of Claims ........................................................................................................................65 CITY OI FORT WORIII STANDARD CONSTRUCTION SPECIFCATION DOCUNILN IS FOR CMAR PROILC FS Pa,-,c 4 of 71 Revised December 2014 Article 15 Suspension of Work and Termination ........................................................................................66 15.01 City May Suspend Work.............................................................................................................66 15.02 City May Terminate for Cause...................................................................................................66 15.03 City May Terminate For Convenience.......................................................................................68 Article 16— Dispute Resolution......................................................................................................................70 Methodsand Procedures.....................................................................................................................70 Article17— Miscellaneous..............................................................................................................................70 17.01 Giving Notice..............................................................................................................................70 17.02 Computation of Times................................................................................................................71 17.03 Cumulative Remedies.................................................................................................................71 17.04 Survival of Obligations...............................................................................................................71 17.05 Headings......................................................................................................................................71 CI fY OF FORT WOR I'lI SI ANDARD CONSTRUCTION SPF.CIFCATION DOCUMFN IS FOR CMAR PRO.II.CTS Page i of71 Rex ised December 201.4 ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.0 1 Defined Terms Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine. feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed- defined term, the tern shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and CMAR covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by CMAR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder should it seek to self-perform portions of the Work. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day— A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Business Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance 420020- CI I OF FORT WORM I STANDARD CONSTRUCTION SPFCII CA IION DOCFMLN IS FOR C%IAR PRO1LC I S Paec 6 of71 Revised December 2014 12-2011, as amended. 12. Bu saiv—City's on-line, electronic document management and collaboration system. 13. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. 14. Change Order--A document, which is prepared and approved by the City, which is signed by CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the GMP or the Contract Time. issued on or after the Effective Date of the Agreement. 15. City— The City of Fort Worth. Texas, a Texas home-rule municipal corporation, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, and is the entity with whom CMAR has entered into the Agreement and for whom the Work is to be performed. 16. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly authorized representative. 17. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 18. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 19. CMAR — A sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a general contractor and provides consultation to the City regarding construction during and after the design of the facility. 20. CMAR Fee —The moneys payable by City to CMAR for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 21. Contract Claim—A demand or assertion by City or CMAR seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 22. Contract—The entire and integrated written document between the CMAR and Contractor concerning the Work. The Contract is subservient to the Agreement and all Contract Documents. 23. Contract Documents—The Agreement, the Request for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 24. Contract Price The moneys payable by CMAR to a Contractor for completion of the Work in accordance with the Contract. CITY OF FORT WOR'TII STANDARD CONSIRUCI[ON SPEC IPCA IION DOCI NII_N IS I OR CMAR PROILC JS 7 of 71 Revised December 2014 25. C'onlracl Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones. if any. and (ii) complete the Work so that it is ready for Final Acceptance. 26. C'onlraclor The individual or entity. whether one or more. with whom CMAR has entered into a Contract for construction of the Work. 27. Consiruclion Doc nmcnls-Those %vritten or electronic documents indicating the basic scope of work as set forth by the Fri-incer. Engineer's formal Construction docrnnents, Drawings and Specifications, including materials. and work packa-e(s) bid documents. 28. Construction Phase Services "those services to be provided by CMAR as defined in the RFP and the CMAR's Proposal. 29. Cost ofthe Work The included and excluded costs which CMAR shall consider when developing the CMAR's Fee and the GMP. See Paragraph 1 1.01 ofthese General Conditions for details. 30. Damage Claims A demand for money or services arising from the Project or Site from a third party, City, CMAR or Contractor exclusive ofa Contract Claim. 31. Day or day-A day, unless otherwise defined, shall mean a Calendar Day. 32. Director of Avialion The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 33. Director of Parks and Comm!/nih' Services - The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents 34. Director of Planning and Develolnnew - The officially appointed Director of the Planning and Development Department of the City of Fort Worth. Texas, or his duly appointed representative. assistant, or agents. 35.Director of Tronsporialion crn(l Public Works - The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 36. Direclor of Wtrler De1)tn-nnenl - The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 37. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope. extent. and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 38. Effeclive Dale of the Agreentew The date indicated in the Agreement on which it becomes effective, but 11'110 such date is indicated. it means the date on which the Agreement is signed by the City Manager. 39. Engineer - The licensed professional engineer or engineering firm registered in the State of Texas CITY OF FOR I WORTI I STANDARD CONSIRUCIION SITCH CA 11ON DO(I MI NIS FOR(TI,AR PROILCIS Po,-,c S of 71 Rey iced Decemher 2014 perforlmmg professional services fur the City. 40. Extra Work -- Additional ssork made necessary by chan-es or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 41. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the GMP, Contract Time. or the intent of the Engineer. Payment for Field Orders are paid from Field Order AIIokvances. if'any. or other funding sources incorporated into the Agreement. 42. Final Acceplancc The written notice oiven by the City to the CMAR that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 43. Final Inspeclion - Inspection carried out by the City to verify that the CMAR has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 44. General Regzriremenls--Sections of'Division I of the Contract Documents. 45. Guaranteed Maxinrzrm Price (GAIP) - The maximum cost to the City for the Work as established by the CMAR according to the Contract Documents and as approved by the City. 46. Hazardous Environrnenlal Condition---The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste. Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 47. Hazardous Waste—I lazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 48. Leans and Regidalions Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 49. Liens—Charges, security interests. or encumbrances upon Project funds, real property, or personal property. 50. Liquidatetl Damages. A specified sum of money that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the CMAR, not as a penalty, but as liquidated damages suffered by the City. 51. Major Ilem An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 52. M13E - A business concern located in the Marketplace (as defined in the Business Diversity Ordinance #20020-12-20 1 1. as amended) meeting the following criteria: is at least 51 percent owned by one or more minority persons. or. in the case of any publicly owned business, at least 51 CITY OF FOR I WOK"I I I STANDARD CONS IRVV I"ION SPF("IPCATION DO( I'Nll NP,FOR(AIA1,PROJI CIS Pa,-,c 9 ol'71 Re\iscd Dcccmhcr 2014 percent of the stock is owned by one or more minority persons; and mana-ement and daily business operations are controlled by one or more minorit; persons who own it. 53. :FIB Plan – An MBE Utilization Plan to address the diverse MBE goal for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. 54. Miles/one--A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance ofthe Work. 55. Nolice of Aivarrl The written notice by City to the successful Proposer stating that upon timely compliance by the successful Proposer with the conditions precedent listed therein, City will execute the Agreement. 56. Notice to Proceed A written notice given by City to CMAR fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 57. Open Book Price The price ol'subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 58. PCBs—Polychlorinated biphcnyls. 59. Pelrolewn Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 60. Plans–See definition of Drawings. 61. Pre-Conslruclion Phase Scrvices–"Those services to be provided by CMAR as defined in the RFP. 62. Project The Work to be performed under the Contract Documents. 63. Project Schethde--A schedule. prepared and maintained by Contractor, in accordance with the General Requirements. describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 64. Project Repf•esewalivc –The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 65. Proposal – A Proposers response to the RFP issued by the City to solicit a CMAR to perform CMAR services. 66. Proposer– A CMAR Firm \011ch submits a Proposal. 67. Public Meeting An announced meeting conducted by the City and/or CMAR to facilitate public CITY OF FOR I %\OR I I I STANDARD CONSTRUCTION'SPI CII('A I ION DO(J All N"IS I OR CMAR PRUII-C I S Pa Le 10 of 71 Rey ised December 2M4 participation and to inform the public of the Project. 68. Rwlioaclirc Uweria1---Source. special nuclear. or byproduct material as defined by the Atomic Lner-y Act of 1954 (42 USC Section 201 1 et scq.) as amended from time to time. 69. Regular Workirr� //ours - I lours beginning at 7:00 a.m. and ending at 6:00 p.m.. Monday thru Friday (excluding legal holidays). 70. Reques! for /'ro/)osols (RPT) - A request by the City issued to qualified CMAR Firms for Proposals to perform CMAR services for the Project. 71. Re/crinage - ']'he amount of money, on a perccntaoe basis, identified in the Agreement to be withheld by City from each ofCMAR's progress payments 72. Sanrp/es Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 73. Schethde of Srrhnri»a/s-A schedule. prepared and maintained by CMAR, of required submittals and the time requirements to support scheduled performance of related construction activities. 74. Schethde of V(dues A schedule prepared and maintained by CMAR, allocating portions of the Project Price to various portions ofthe Work and used as the basis for reviewing CMAR Applications for Payment. 75. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of CMAR in furtherance of the Project. 76. Sj)ecificalions- That part of the Contract Documents consisting of written requirements for materials. equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference. 77. Suhconlraclor- An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance ofa part ol'the Work at the Site. 78. Suhnri!la[s All drawim s. diaurams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate some portion of the Work. 79. Suhsiawial Couy)lelion - The stare in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project (or a designated portion thereof) for its intended use. CI rY OI I OR 1 "OR 111 STANDARD CONS I RI IC"I ION SPI('11 CAIION DOO AII.N I S rUR CNIAR PltO II.CI S Pa,_,c 1 1 of 71 Rey iced Deccmher 2UI-1 80. .Success011 Bithler The Bidder Sllbllllttln,g the lowest and most responsive 131d and to whom CMAR (makes all award of Contract unless otherwise directed by CItN'. 81. Su/)erinlendc1tl The representative of the CMAR who is available at all tinges and able to receive instructions from the City and to act for the CMAR. 82. Snhhlcmemm-.l, Comlilion.v- That part of the Contract Documents which amends or supplements these General Conditions. 83. Srr/)/)lier—A manufacturer. fabricator. supplier, distributor, material man, or vendor having a direct contract with CMAR. Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work. 84. Umlergroulul Fucililic.\ All underground pipelines, conduits, ducts, cables, wires. manholes. vaults. tanks. tunnels. or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products. telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 85. Unil Price I,lork --See Paragraph 11.03 of these General Conditions for definition. 86. Weekend WorkhW Hours -- Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 87. Work The collective design-phase and construction-phase, or the various separately identifiable parts thereof, required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 88. Workin(,),Duy A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the CMAR will permit the performance of the principal unit of work underway for a continuous period of'not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Tc rrninology A. The words and tenors discussed in Paragraph 1.02.13 through F, are not defined but. when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Imem oj'Cerluin Terms or.-fdjeclives: 1. The Contract Documents include the terms "as allowed," "as approved,' "as ordered." `as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition. the adjectives "reasonable." "suitable." "acceptable.' "proper." "satisfactory," or adjectives of like effect or import are used to describe an action or determination of0ty as to C1 FYOI:1ORI WORIIl STANDARD(ONS I RI ChON S ( II'C:AZION DOI I iNII NI S FOR CMAR 111M]I C'I S Pagc 12 of 71 Re\iced Deccml,cr 2014 the Work. It is intended that such exercise of professional judgment. action. or determination will be solely to evaluate, in general. the Work for compliance with the int'orntntion in the Contract Documents and with the desion concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defeclivc. The word "defective." when modifying the word "Work." refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Msloll, Perfortn, Provitle, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean frrrnishinW ontl incorj)oroliW in the Work including all necessary labor. materials, equipment. and everything necessary to perform the Work indicated, unless specifically limited in the context used. F. Common Construclion Terms: Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meanill(I ARTICLE 2—PRELIMINARY MATTERS 2.01 Co/fies of'Documcnls City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Conunencen►enl of Conlrcrcl Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. 2.03 Slcrrlin(,,r the Work CMAR shall begin compensable performance of the desion-phase portion of the Work on the date when the Contract Time commences to run. No construction-phase Work shall be done at the crry or 1 )k r\k()R_I I i S I:ANUARD CONS I R VI ION SPLCIFCAIION DO(J gnu N I S FOR Ch1AR PROI I C I s Page I3 of 71 Revised Ueacmher 2014 Site prior to the date on \\hick the Citv approves the final design of the Work. unless an early works package. whether one or more, is requested and permission is specifically granted by the City. 2.04 Befc)re Slorlin section is provided as an aid and convenience to the Contractor. The CMAR o r Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Re/crence SIontlortls A. Standards, Specifications, Codes, Laws, and Regulations L Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual. code. or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, CN/IAR, Contractor, or any of their subcontractors, consultants, agents, or employees. from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Repor[ing and Resolving Discrepancies A. Repor[ing Discrepancies: 1. CMAR's and Contractor's Review of'Contract Documents Before Startin, Work: Before undertaking each part of the Work, CMAR and Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. CMAR shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which CMAR discovers. or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. CMAR's or Contractor's Review of Contract Doc►anems During PeIjbi-rnance of Work: If. during the performance of the Work, CMAR or Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard. specification, manual, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it to City in writing. CMAR shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.18.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. CMAR shall not be liable to City for failure to report any conflict. error. ambiguity, or discrepancy in the Contract Documents unless CMAR had actual knowledoe thereof. CH Y OF FORT WORll1 S IAN DARD CONSTRUCTION SPRA FCA I]ON DOCUMLNI S FOR CMAR PRO.IF:CIS Pi-,c I�of 71 Rey ued Decemher2014 13. Resolvhn(,,,Disci-el)crncie.v: 1. Except as may be otherwise specifically stated in the Contract Documents. the provisions of the Contract Documents shall take precedence in resolving any conflict. error. ambi"uity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction ofany Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amewlit7g an(/Su1)plementing Contract Documents A. The Contract Documents may be amended to provide fur additions, deletions. and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.19.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents. or copies thereoton extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. B. '['he prohibitions of this Paragraph 3.05 will survive final payment. or termination of the Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract Documents for record purposes. 3.06 Elecn-onic Data A. Unless otherwise stated in the Supplementary Conditions. the data furnished by City or Engineer CITI'01 I OR WORTH S'I ANDrARU CONS I RUC IION SI'LCIFCAIION DOCr IMI{N IS FOR CMAR PROII_CIS Paw,c It,o1 71 Rey ised December 2014 to Contractor, or by CMAR to City or En,)ineer, that may be relied upon are limited to the printed copies included in the Contract Documents (alsoy known as hard copies) and other Specifications referenced and located on the City's Buzzsa\, site. files in electronic ►nedia format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long tenn compatibility, usability. or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lon& A. City shall furnish the Site. City shall notify CMAR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. CMAR shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsu face and Phyvical Conditions A. Reports cord Dr(nvings: The Supplementary Conditions identify: I. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site, and CI I)'Of- FORD WORTH SI ANDARD CONSTRUCTION SPGCIFCATION DOCUMEM S FOR CMAR PROJGC I S PaLe 17 of 71 Re%ised December 2W4 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by CMAR on Technical Dala Awhoriz eel: CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants. or subcontractors with respect to: I. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods. techniques. sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurf ice or Physical Conclilions A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR shall, immediately after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), notify City in writing about such condition. B. Possible Price and Time Arljuslmenls CMAR shall be entitled to an adjustment in the GMP o►•Contract Time if: 1. CMAR did not know of the existence of such conditions at the time CMAR made a final commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or CITY OF FORT WOR I I I S"FANDARD CONS I RtICIION SPF:CIPCAIION DOCI IM IN I FOR CMAR PRO.ILCTS Pagc I S of 71 Reused December 2014 becoming bound under a negotiated contract: Or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. CMAR gave the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shoivn or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Fri- by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others, and 2. The cost of all of the following will be included in the GMP, and CMAR shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents. CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. CMAR shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. CI Y OF FORT wOR-I n STANDARD CONS'IRUC'IION SPGCIFCAIION DOCUNIFN IS FOR CNIAR PR)II.CI S Paee 19 of 71 Rex ised December 2014 I Verification of existing utilities. structures. and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points CMAR shall provide engineering surveys to establish reference points for construction, which are necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established reference points and property monuments. and shall make no changes or relocations. CMAR shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. CMAR shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the CMAR or Contractor. 4.06 Hazardous Environmental Condilion al Site A. Reports and Drmvings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by CMAR on Technical Data Az.rthorized: CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CMAR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawinr(Ys: or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CMAR shall not be responsible for any hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CMAR, Contractor, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible. D. if CMAR encounters a hazardous Environmental Condition or if CMAR or anyone for whom CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately: (i) secure or otherwise isolate such condition: (ii) stop all Work in connection with such CITY OF FOR I WORTFI STANDARD CONSTRUCTION SI'6CIPCA"IION DOCUMI�N IS FOR CMAR PRO.IFCI S Pacc 20 of 71 Reviscd December 2014 condition and in any area affected there[)\ (except in an emergency as required by paragraph 6.18.A): and (iii) verbally notify Cite (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if' any. When the Hazardous Environmental Condition has been rendered harmless by the City's separate remediation contractor, the work in the affected area shall resume upon written agreement of the City and CMAR. For such Hazardous Environmental Conditions that CMAR encounters that are not within CMAWs scope of work, the Contract Time shall be extended appropriately and the Contract price shall be increased in the amount of Contractor's reasonable costs of shut-down. delay and start-up. by Change Order. E. CMAR shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to CMAR: (1) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work: or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice CMAR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest e.%tent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and char-es orengiueers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph shall obligate CHAR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of paragraphs 4.02. 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5—INDEMNITY, BONDS AND INSURANCE 5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - 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, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND Crry or FOR I wOlrru STANDARD CONSTRUCTION SP[CIPCA I ION I O( N11 N P5 I OR CNIAK PRO WC 1 S Page 21 or71 Res iced December 2014 HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART,ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. 5.02 Boncls All bonds and insurance required by the Contract Documents to be purchased and maintained by CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. Performance, Payment, and Maintenance Bonds A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the CMAR will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the design portion of the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond(s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the CMAR to City prior to final acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment., performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City. notice will be given to the CMAR to that effect and the CMAR shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of CITY OF FORT WORII I STANDARD CONSTRUCIION SPLCIFCA IION DUCT! lLNIS FOR C MAR PROJI CA S Pape 22 of 71 Revised December201.1 Paragraph 5.02.1). CMAR shall promptly notify City and shall, within 30 days after the event giving rise to such notification. provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.1). 5.03 Cerlificnles ojLnsuruncc CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions. certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which CMAR is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. 2. The CMAR's general liability insurance shall include a, "per project' or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required. written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition. the CMAR agrees to waive all rights of subrogation against the Engineer (if applicable, and except related to any Builders' Risk insurance provided by CMAR), and each additional insured identified in the Supplementary Conditions. 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identity a deficiency from evidence that is provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated. all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coveraoe is claims-made and the retroactive date. The insurance covera-c shall be maintained for the duration of the A-reement and for three (3) years followino Final Acceptance provided Under the Contract Documents or for the warranty period. whichever is lon`,cr. An annual certificate of insurance submitted to the City shall evidence (TI l'OF FORT N%()R I I I SI:ANDARD CONSIR1 V 11ON SITC IFCA1lON DOCI V11 \1,1 OR( .M AR PROII(`I S ►'age 23 of Ro ised December 2014 such insurance coverage. 9. Policies shall have no exclusions by endorsements which neither nullify or amend the required lines of coverage. nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been awarded and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the CMAR or Contractor to obtain such coverage, the contract price shall be adjustcd by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR) in excess of $25,000.00 affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups. must also be approved by City. H. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed neccssa►y and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Agreement by amendment. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto. 13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's insurance. 5.04 Categories of Insurance A. Workers Compensation arnl Employers' Liability. CMAR shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CMAR's performance of the Work and CMAR's other obligations under the Contract Documents, whether it is to be performed by CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any ofthem may be liable for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts, 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liabilityy. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors. CITY OF FORT WORI-11 STANDARD CONS I RUC I]ON SPFCIFCA IION[)()('l'MI:N I S FOR CMAR PROJFIL-1S Pagc bl of71 Rcciscd Dcccmber-'014 products/completed operations, personal injury. and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations. products/completed operations. contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the CMAR to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-ofway, the CMAR shall comply with the requirements identified in the Supplementary Conditions. E. Nolification of'Policy Cancellalion: CMAR shall immediately notify City upon cancellation or other loss of insurance coverage. CMAR shall stop work until replacement insurance has been procured. There shall be no tirne credit for days not worked pursuant to this section. 5.05 Insurance Requirements A. Preconslruclion Phase Services: 1. CMAR shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. Commercial General Liability $1,000,000 each occurrence $1,000,000 ag�(,rcgate Automobile Liability $1,000.000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coveraue Q: $100.000 each accident $500.000 disease - policy limit CITY OF FORT WORIn STANDARD CONS"FRt IC I ION SPU]I'CA I ION DOCi NIIIN I:S FOR CMAR PROJECI S Page? of 71 Rex iced Decemher-'01-1 $100.000 disease -each employee 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under CMAR's workers compensation insurance policy. the City, its officers, employees and servants shall be endorsed as an additional insured on CMAR's insurance policies. b. Certificates of insurance shall be delivered to the City's Project Representative at the address specified prior to commencement of Work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best ratin- of A: VI I or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. G. 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 City. h. CMAR's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. i. In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project Representative any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. J. CMAR's liability shall not be limited to the specified amounts of insurance required herein. B. Consfruclion Phase: The limits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: Workers' Compensation: Statutory limits Employer's liability $100.000 each accident/occurrence CITY OP PORT WOR-1 II STANDARD CONS I RI'CIION SPU II(An[ON DOCUN11:NI S I OR CMAR PROJIIC IS Pa,_,c'h ot-71 Revised Dcccmber'UII S100.000 Disease - each employee $500.000 Disease - policy limit Commercial General Liability': Commercial General Liability shall be on a per project basis covering the CMAR with Illlllllllulll 11111ItS Of: $1.000,000 each occurrence $2.000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits Of Insurance) making the General Aggregate Limits apply separately to each job site or each v ork package. if more than one. The Commercial General Liability Insurance policies shall provide "X". "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate Of Insurance. Automobile Liability: A commercial business policy shall provide coverage on "Any Auto", defined as autos owned. hired and non-owned and shall be in an amount not less than the following amounts: $1.000,000 each accident on a combined single limit basis. Split linlits are acceptable if limits are at least: $250.000 Bodily Injury per person / $500.000 Bodily Injury per accident/ $100,000 Property Damage 5.06 Acce pkznce of Bonds and Insurance,- Oplion to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the CMAR in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in Nyriting xNithin 10 Business Days after receipt of the certificates (or other evidence requested). CMAR shall provide to the City Such additional information in respect of insurance provided as the Cite may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the CMAR in writing Of such failure prior to the start of the Work. Or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CMAR'S RESPONSIBILITIES 6.01 Szq)ci- ision um1 Superinlem1ence A. CMAR shall Supervise. inspect, and direct the Work competently and efficiently. devoting ClIN'( rrORI VAY)RIlI S 1,%NDARD CONS I R I ION SP1 ClI IION I)OCI AlI:NI S I OR Cf IAR PROII.C'1S Pawc 27 of 71 Ro iwd DeccmM 2014 such attention thereto and applying such skills and expertise as may be necessary to perl'Orm the Work in accordance with the Contract Documents. CMAR shall be solely responsible for the means, methods. techniques, sequences, and procedures o1-construction. B. At all times during the progress of the Work, CMAR shall ass*',, a competent_ F.nglish- speaking. Superintendent who shall not be replaced without written notice to City. The Superintendent will be CMAR's representative at the Site and shall have authority to act on behalf of CMAR. All communication given to or received ti-om the Superintendent shall be binding on CMAR. C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of construction-phase Work. 6.02 Labor,- Wol°king Hours A. CMAR shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. CMAR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working }-fours. CMAR will not permit the performance of Work beyond Regular Working Hours or for Weekend Working (lours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: I. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior; 2. for Weekend Working Hours request must be made by noon of the preceding Thursday: 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Solicilcdion of C'onsll°zrclion-Phctse Work. A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Work other than minor work that may be included in the Construction Documents. CMAR may seek to self- perform portions of the Work by submitting its Bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and upon a determination by City that the CMAR's bid or proposal provides the best value 101-the City. B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that does not disclose the contents ofthe Bid or proposal during the selection process to a person not employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the City on request and to the public after the later of the award of the Contract or the seventh day (I1) 0I 1()R \\ORIII SIAM.DA RD(()N)IMCI ION SI'[CIIUA I ION DOCI All`NISI`ORC MAR PROII(IS PjLc'So1 71 Remised Ucccmbcr201-1 after the date of' final selection of bids or proposals. If the CMAR rcviewS. evaluates, and recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City requires another Bid or proposal to be accepted. City shall compensate the CMAR by a chan-c in price, time. or GMP for any additional cost and risk that the CMAR incurs because of the 0tv's requirement that another Bid or proposal be accepted. C. Ifa selected trade contractor or subcontractor defaults in the performance of its work or tails to execute a Contract after being so selected, the CMAR may fultill, without advertising, the Contract requirements or select a replacement trade contractor or subcontractor to fulfill the Contract requirements. 6.04 Services, ,1kileriah;, atul Equipmew A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation. construction equipment and machinery, tools, appliances, fuel, power, light, heat. telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, required testing, start-up, and completion ofthe Work. B. All materials and equipment incorporated into the Work shall be as specified or, il'not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of Agreement, unless otherwise specified. 6.05 /'rojeel Schechtic A. CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and the General Requirements as it may be adjusted from time to time as provided below. I. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. CMAR shall submit to City a monthly Pro,jcct Schedule with a monthly progress payment for the duration of the Agreement in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of`Article 12. Adjustments in Contract Time CIIYOI LORI A1ORIII S 1A N DA RD(ON)I RI'CI ION Sill CIFC'A I ION DOCt IMFN IS FOR CNIAR PROII-C I S PaLc 29 of 71 Rey ued December 2014 may only be made by a Change Order. 6.06 Substltlttesantl "0i-E(lltals" A. Whenever an item of material or equipment is specified or described in the Construction Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance. and quality required. Unless the specification or description contains or is tollowed by words reading that: no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City by CMAR for review under the circumstances described below. 1. "Or-Equal" penis: If in City's sole discretion an item ofmaterial or equipment proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.06.A.1. a proposed item of material or equipment will be considered functionally equal to an item so named if: a. The City detennines that: 1) it is at least equal in materials of construction, quality. durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability ofresponsive service: and b. CMAR certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract"Dime; and 2) it will conform substantially to the detailed requirements of the item named in the Construction Documents. 2. Substitute!tents: a. If in City's sole discretion an item of material or equipment proposed by CMAR does not qualify as an "or-equal" item, it may be submitted as a proposed substitute item. b. CMAR shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests lbr review of proposed substitute items of material or equipment will not be accepted by City from anyone other than CMAR. ('I I OF FOR I �kOR I I I I:1N 1):%RD('ONS I RI IC IION SPECIFCn IION DOC(iNll{N I S rOR('N1:AR I'ROII( IS I'uee'0 of 71 Rey ued December 2014 c. CMAR shall make written application to City fur review ofa proposed substitute item of material or equipment that CMAR seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified: c) be suited to the same use as that specified: and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice CMAR's achievement of final completion on time: b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance. repair. and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resultin'o change. B. Substitilte Consirzfetion Methodv or Procedures: If a specific means, method, technique, sequence, or procedure of consU-uction is expressly required by the Contract DOCUments, CMAR may furnish or utilize a substitute means, method. technique. sequence. or procedure of construction approved by City. CMAR shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. CMAR shall make written application to City for review in the same manner as those provided in Paragraph 6.06.A2. C. Cih-'s Evulifulion: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.13. City may require CMAR to furnish additional data about the proposed substitute. City will be the sole judge of CI I Y OF FOR I NORTH S[ANDARD CONS I RUCTION SITCH CA I ION DOCt iNILN I S FOR CMAR PIvoII C I S Page,I of 71 Re%iscd December 2014 acceptability. No "or-equal" Or substitute will be ordered. installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal.' City N',ill advise CMAR in m-iting of its determination. D. Special Guarantee: City may require CMAR to furnish at CMAR's expense a warranty with respect to any substitute. CMAR shall indentngji and /Todd harmless City and anyone directly or indirectly employed by them front and against an and add claims, damages, losses and expenses (including attorneys' fees) arising ont of the use of substituted materials or equipment. E. City's Cost Reimhursemenl: City will record City's costs in evaluating a substitute proposed or submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.B. Whether or not City approves a substitute so proposed or submitted by CMAR. CMAR may be required to reimburse City for evaluating each such proposed substitute. CMAR may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. CMAR's Expense: CMAR shall provide all data in support of any proposed substitute or"or- equal"at CMAR's expense. G. City Suhstilule Reimhursemenl: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Agreement by Change Order. H. Time Extensions: No additional time will be (ranted for substitutions. 6.07 Concerning Suhcontractors, Suppliers, and Others A. Business Diversity Enterprise Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If the Contract Documents provide for an M13F and/or SBE goal, CMAR is required to comply with the City's Business Diversity Ordinance by doing the following: I. CMAR shall provide complete and accurate information regarding actual work performed by an MBE and/or SBE on the Contract and payment therefor. 2. CMAR's or Contractors failure to make payments as provided by state law shall, in addition to any other remedies provided by law. authorize City to withhold future payments and/or reject future bids from the CMAR or Contractor until compliance with the Business Diversity Enterprise Ordinance is attained. 3. CMAR will not make additions. deletions. Or Substitutions of accepted MBE/SBE firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. 4. CMAR shall, upon request by Cite. allow an audit and/or examination of any books, records, CITY OF FOR"I WORii I S"I-ANDARD CONSTRUCTION SITCrFCAiION DOCr iNILN IS FOR CHAR PROII C IS Paue+-'n1 71 Re°\ised December 2014 or files in the possession of the CMAR that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation n Of any nature may be grounds for termination of the Agreement in accordance with paragraph 15.02.A. Any such misrepresentation may subject CMAR to disciplinary action in accordance with the procedures outlined in the Business Diversity FAiterprise Ordinance. B. CMAR shall be fully responsible to City for all acts and omissions of the Contractor, Subcontractors, Suppliers, and other individuals or entities performing or lurnishing any of the Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the Contract Documents shall: 1. create for the benefit of any such Contractor. Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Contractor, Subcontractor, Supplier or other individual or entity, nor 2. create any obligation on the part of City to pay or to see to the payment of any monies due any such Contractor. Subcontractor. Supplier. or other individual or entity except as may otherwise be required by Laws and Regulations. C. CMAR shall be solely responsible for scheduling and coordinating the Work of Contractor, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CMAR. D. All Contractor(s), Subcontractors, Suppliers. and such other individuals or entities performing or furnishing any of the Work shall conmmunicatc with City through CMAR. E. All Work performed for CMAR by a Contractor, Subcontractor or Supplier will be pursuant to an appropriate agreement between CMAR and the Contractor. Subcontractor or Supplier which specifically binds the Contractor, Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents 1'()r the benefit ofCity. 6.08 Wage Rates A. Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City, of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty fbr Violation. CMAR. Contactor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City. pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates Stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs. pursuant to Texas Government Code 2258.023. C. Connplaints of Violations cm(l Cih. I)etermirnation of Gnoel Cause. On receipt of information, including a complaint by a \yorker. conccrning an alle-ed violation of 2258.023. Texas CITY Of FOR] "*OR rl I SrANDARD CONS IRUCI ION SPGCIPCAI ION DO CIiM1.NISIOR(AIARI'ROJI( IS Paee>;of71 Revised December 2014 Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st da% alter the date the Cite receives the information, as to whether rlood cause exists to believe that the violation occurred. The City shall notify in writing the CMAR, Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the CMAR, Contractor or Subcontractor has violated Chapter 2259. the City shall retain the toll amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted 11.0111 successive progress payments pending a final determination of the violation. D. Arbilration Required rf I"iolation Not Resolvetl. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to hindin- arbitration in accordance with the Texas General Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR, Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the I Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The CMAR. Contractor and each Subcontractor shall, for a period of three (3) years following, the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the CMAR, Contractor or Subcontractor in the construction of the Work provided for in this Agreement, and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23. Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is more frequent, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting cif Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all times. H. Subconlroclor Compliance. A Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.09 Patent Fees caul Royallies A. CMAR shall pay all license lees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design. process. product, or device which is the subject of patent rights or copyrights held by others. If a particular invention. design, process. product. or device is specified in the Contract Documents for use in the performance of the Work and i I' to the actual knowledge of City, its use is subject CITY OP FORT WOR"II I S ANU.ARD CONS IRt"CIION SPGCII CATION DO(t 1 M I N I )I Ok( NIA PROII.CI S Poec 34 o1 71 Re\iced Decenihcr 2014 to patent rights or copyrights callinu fbr the payment of any license fee or royalty to others, the existence of such rights shall be disclosed bN Cite in the Contract Documents. Failure ofthe City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.10 Permils anti Utilities A. CMAR oblained permits anti licenses. CMAR shall obtain and pay for all construction permits and licenses except those provided fur below, in the Supplementary Conditions, or Contract Documents. City shall assist CMAR. when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids., on the Effective Date of the Agreement. except for permits provided by the City as specified in 6.10.13. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. Cily obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for below, in the Supplementary Conditions, or Contract Documents. It will be the CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes to the Work beyond the scope of any City-acquired permit, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these additional requirements of any City- acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3, Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 6.11 Laws and Regulalions A. CMAR shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations. the City shall not be responsible for monitoring CMAR's compliance with any Laws or Regulations. CITY Or FORT WOR I-n STANDARD CONS I RI'CI ION SITC11 CA IlON 1)()( t N11 N I S IOR CNI,AR FRO JI CI S Page i�,of 71 Reused Decemher2014 B. If CMAR pertorms am Work knowing, that it is contrary to Laws or Regulations. CMAR shall bear all claims. costs. losses. and dama0es (including but not limited to all fees and charges of engineers, architects. attorneys. and other professionals and all court or other dispute resolution costs) arising out of or relating to Such Work. However. it shall not be CMAR's responsibility to make certain that the Construction Documents are in accordance with Laws and Regulations, but this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.12 Tees A. On a contract awarded by the City. an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase, rent or lease all materials, Supplies and equipment used or consumed in the performance of this contract by issuing to his Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.13 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. CMAR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations., and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for any damage to any Such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when. in the judgment of the City, the CMAR has obstructed or closed or is carrying on operations in a portion of a street. right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the CMAR to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FOR"F WORTH STANDARD CONS IRUC 1[ON SITCII'CA IION DOCUMLN IS FUR CMAR PROJLCI S Pace 36 of 71 Re%iscd December 2014 I Should any Damage Claim be made by any such owner or occupant because of the performance ofthe Work. CMAR shall promptly attempt to resolve the Damage Claim. 4. CMAR shall lnde`nnlft> and hold harmless City from and against all claims, costs, losses, and damages arising Out Of Or relating to any claim Or action, legal Or equitable, brought by any such owner or occupant against Cite. B. Removal of'Dehris During Perfi)rrnance o/'the Work. During the progress of the Work CMAR shall keep the Site and other areas free fi-om accumulations of waste materials, rubbish, and other debris. Removal and disposal ol' such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Sile Maintenance Cleaning: 24-hours after written notice is given to the CMAR that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CIAAR fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the CMAR. D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.14 Record Documents A. CMAR shall maintain in a sate place at the Site or in a place designated by the CMAR and approved by the City. one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate locations for buried and imbedded items. 6.15 Safety and Protection A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Contractor or Subcontractor(s) of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. CITY OF FORT WOR In STANDARD CONS]RUC I]ON SITCIFCA ZION DOCUMIXI S FOR CMAR PRO.111CI S Pagc;7 of 71 Revised Decemher201a CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage. injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site_ and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks. pavements, roadways, struetures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction of the Work. B. CMAR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall notify owners of adjacent property and owners of Underground Facilities and other utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. CMAR shall comply with the applicable requirements of City's safety programs, if any. D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused, in whole or in part, by CMAR. Contractor, any Subcontractor, Supplier, or any other individual or entity employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CMAR. F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.16 Safely Represenlc7live CMAR shall inform City in writing of CMAR's designated safety representative at the Site. 6.17 Hazcircl CoMmmnic•nlion Progranzti CMAR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.18 Emergencies UnClloi-Recllflcollon A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR shall dive City prompt written notice if CMAR believes that any significant changes In the CI-1 Y of FOR I WOR"I I I STANDARD CONS I Rt'CI ION SPI-CIPCAIION DOCUN1I:NIS I OR CMAR PROILCIS Page 39 of 71 Revised Decemher_014 Work or variations from the Contract Documents have been caused thereby or are required as a result thereof: IfCity determines that a change in the Contract Documents is required because Of the action taken b� CMAR in response to such an emergency. a Change Order may be issued. B. Should the CMAR tail to respond to a request from the City to rectify any discrepancies. omissions. or correction necessary to conform with the requirements of the Contract DOCUrnents. the City shall give the CMAR written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the CMAR to take remedial action to correct the condition. In the event the CMAR does not take positive steps to fulfill this vo-itten request, or does not show just cause for not taking the proper action. within 24 hours. the City ma) take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the CMAR on the Project. 6.19 Suhmillals and.Sum171c.5 A. CMAR shall submit required Submittals a n d S a m p I e s to City for review and acceptance. Each Submittal or Sample shall be uniquely identified. 1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment CMAR proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.19.C. 3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail. their review shall not excuse CMAR from requirements shown on the Drawings and Specifications. 5. For-Information-Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. 6. Submit the required number of Samples as specified in the Supplemental Conditions. 7. Clearly identify each Sample as to material. Supplier, pertinent data such as catalog numbers. the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.19.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals.. an.y related Work performed prior to City's review and acceptance of the pertinent submittal voll be at the sole expense and responsibility of CMAR. Crry Of FOR I WOR I I I S 1 ANDARD CONS I KUCI[ON SITCIPCAZION DOCI I%ILN I S FOR CNInR PROILC I S Pa,-,c 39 of 71 RC\ISCd December 2014 C. 0/-v .c Review: 1. City will provide timely review of Submittals. City's review and acceptance ,\III be only to determine if the Items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the desion concept of the completed Project as a functioning whole. 2. City's review and acceptance will not extend to means, methods, techniques. sequences, or procedures of construction (except where a particular means, method, technique, sequence. or procedure of' construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The reviev% and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve CMAR from responsibility for any variation from the requirements of the Contract Documents unless CMAR has complied with the requirements of' Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve CMAR from responsibility for complying with the requirements of the Contract Documents. 6.20 C onhniling the T oi-k Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in writing. 6.21 CMAR's Genc ral ff"ai•ranly and Gum-anlee A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners. employees. agents, consultants. and subcontractors shall be entitled to rely on representation of CMAR's warranty and guarantee. B. CMAR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CMAR. Contractor. Subcontractors. Suppliers, or any other individual or entity for whom CMAR is responsible: or 2. normal wear and tear Under normal Usage. C. CMAR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents nor act as a release of CMAR's obligation to perform the Work in accordance with the Contract Documents: Cn Y OF FOR I \k OR fn FOR(AIARPROii Crs P�12C40of71 Rc%ucd Dccrmhcr 2014 1. observations by City: 2. recommendation or payment by City of any progress or final payment, 3. the issuance ofa certificate of Substantial Completion or Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance ofa Submittal by City-, 6. any inspection, test. or approval by others, or 7. any correction of defective Work by City. D. The CMAR shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond. complying with the requirements of Article 5.02.0. The City will give notice of observed defects with reasonable promptness. 6.22 AtUilionu1 Pi-(?fi,ssicnwl Design Sei-vices A. CMAR will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out CMAR's responsibilities for construction means, methods, techniques, sequences and procedures. B. if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required ofCMAR by the Contract Documents. City will specify all performance and design criteria that such services must satisfy. CMAR shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications. certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services. certifications or approvals performed by CMAR's design professionals. D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design drawing(,s will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.19.C. CI IY OF I OR %\()R I I I S 1A N 1),\k 1)CONS I R1'('HON SPI.Cl I CA IION UOCI AlLN I S I OR CMAR PROII Pa,_,c 41 of 71 Rey aed December 2014 6.2 3 Rigl]I Icy Amlil A. The CMAR a-rees that the City shall. until the expiration of three (;) years alter final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the CMAR involving transactions relating to this Agreement, except that any lump sum amounts or ao rced-upon rates shall not be subject to audit. CMAR agrees that the City shall have access during Regular Working I lours to all necessary CMAR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give CMAR reasonable advance notice of intended audits. B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or a(Treed-upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or Subcontractor facilities. and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor or Subcontractor reasonable advance notice of intended audits. C. CMAR, Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse CMAR, Contractor or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nowliscriminolion A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title V1, 001 Rights Acl of 1964 (Ihe "Act') os wncndecl: CMAR shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Rc haecl Work of Silo A. City may perform other work related to the Project at the Site with City's employees. or other City contractors. or through other direct contracts therefor, or have other xyork performed by utility owners, and such other contractors shall be responsible for procuring their own property, CI I Y OF FOR I W'URII I SIANDARD CUNSIRL'!CIIUN SPI[('11 Cn IIUN DUCI IN1IA IS FOR CMAR PRUJIV I'S PaLc-1_'0171 Re\iwd December 2014 liability or workers compensation insurance. and CMAR shall be named as primary additional insured on such policies (except N-vorkcrs compensation). and such policies shall include a waiver of subrogation in favor of CMAR. If such other work is not noted in the Contract Docurnents. then written notice thereof will be ( iven to CMAR prior to starting anN such other work. B. CMAR shall afford each other contractor who is a party to such a direct contract. each utility owner, and City. if City is pertorming other work with City's employees or other City contractors, proper and sate access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. CMAR shall do all cutting, fitting. and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of CMAR's Work depends upon work performed by others under this Article 7, CMAR shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report will constitute an acceptance of such other work as tit and proper for integration with CMAR's Work except for latent defects in the work provided by others. 7.02 Com-elinalion A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: I. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified, 2. the specific matters to be covered by such authority and responsibility will be itemized, and �. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communicalions to CMAR Citv shall issue all communications to CMAR. 8.02 Fmnish Dala City shall timely: C11 Y OF FORT wOR Fn SIAND:A RD CON SI RUC'IIONSPICIPC:A I ION I)OCI1MIiN IS FOR CiMARITOII( IS PaLc 4',o171 Rey ised December 2014 A. Provide to CMAR all criteria and full Information as to its requirements for the Project. including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations: and fiu-nish copies ofall design and construction standards which the City will require to be included in the Project's design or other information required under the Contract Documents. 13. Provide to CMAR all non-confidential technical data in its possession which it may lawfully release, including but not limited to, maps, surveys. drawings, soils or geotechnical reports, and any other information required by CMAR, all of which may be used and relied upon in performing services under the Agreement. 8.03 Pcn, When Due City shall make payments to CMAR in accordance with Article 14. 8.04 ChwWe Orcle rs City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 Inspeclions, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph L3.03. 8.06 Limilalions on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for CMAR's failure to perform the Work in accordance with the Contract Documents. B. City will notify the CMAR ofany applicable City safety plans pursuant to Paragraph 6.15. 8.07 Undisclosed Hazoi-clous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 Cili•'s Project Representative City will provide one or more Project Representative(s) for the duration of the Project. The duties and responsibilities and the limitations of authority of Citv's ProJcct Representative(s) during each phase of the Work are set forth in the Contract Documents. CIIYOf IOR_I \1OR"III STANDARD CONS IRI ICIION SPECII CV I ION DOCl IN1I N I S POR CNIAR 1'ROIE( I S P 12c 44 u1 71 Rc�iscd Dk2cemher 2014 9.02 I isils to.Bile A. City"s Project Representative will make visits to the Site at intervals appropriate to the various stages of the Work as City deems necessary in order to observe the progress that has been made on the various aspects of the Work. Based on in60rmation obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.06. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and CMAR, who shall perform the Work involved promptly. 9.04 Reiecling Defeclive Work City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, believes to be defective. or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinalions for Work Perlbrnned CMAR will determine the actual quantities and classifications of Work performed. City's Project Representative will review with CMAR the preliminary determinations on such matters before rendering a written recommendation. City"s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contrcrcl Documents and.-I ccc j)lahililY of Work A. City will be the initial interpreter of the requircmentS of the Contract Documents and judge of the acceptability ofthe Work thereunder. B. City will render a written decision on any issue rclerred. CI I Y OL FOR I WOR I I I S'I ANDARU CONSIRtJ0ION SPLCII CA I ION DO(J IMHN I S FOR CMAR I'ROIIJCI;S Pine I>o1 71 Re v isel December 2014 C. City's written decision on the issue referred ��Ill be final and binding on the CHAR, subject to the provisions of Paragraph 10.06, ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 4iiihorized('haiiWe.v in the Work A. Without invalidating the Agreement and without notice to any surety. City may. at any time or from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work CMAR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.18. 10.03 Execution of Change Orders A. City and CMAR shall execute appropriate Change Orders covering: 1. changes in the Work which are: (1) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09. or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the CMAR shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The CMAR shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. CITY OF FOR I "'OR I'll STANDARD CONSrRUC I ION SITCIFCA IION DOCI]Nil N I S FOR CNIAk 11 M.II C I S Pope 46 of 71 Rey iced December 2014 C. The compensation agreed upon for Lxtra Work whether or not initiated by a Chan-e Order shall be a full, complete and final payment for all costs CMAR incurs as a result or relating to the change or Extra Work• whether said costs are known. unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay. extended overhead, ripple or impact cost. or any other effect on changed Or unchanged work as a result of the change or Extra Work. 10.05 Nolificolion to Surely If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of-the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be CMAR's responsibility. The amount of each applicable bond will be adjusted by the CMAR to reflect the effect of any such change. 10.06 Conlrocl Cloin7s Process A. City's Decision Required: All Contract Claims• except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. written notice stating the general nature of- each Contract Claim shall be delivered by the CMAR to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for CMAR to submit additional or more accurate data in support of such Contract Claim). 3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the provisions of Paragraph 12.02. 4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said event. C. City's Aclion: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the CMAR, if any, take one ofthe following actions in writing: 1. deny the Contract Claim in 01ole or in part: crry OF FOR-1 WOK"rn STANDARD CONS I RtICIION SITCIFCAIION DOCt Ail N IS I OR C\I,AI:PROP('IS I'aei 17 or71 ReNised December 2014 2. approve the Contract Claim: or 3. notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 1 1.01 Cost of'the Work A. Costs Inch0ed: The tern Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by CMAR in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to CMAR will be only those additional or incremental costs required because of the change in the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph I I.01.B, but shall include, but not be limited to, the following items: 1. payroll costs for employees in the direct employ of CMAR in the performance of the Work under schedules of job classifications agreed upon by City and CMAR . Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of cringe benefits, which shall include social security contributions, unemployment. excise. and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave. vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays. shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof: and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and CMAR shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable (I I Y of FOR I "'OR I1 i STANDARD CONS-1 RLV I-ION SITU FCA I]ON DO(C 1Nil N I S I UR( i%l:AI:I'lM.]I( I S I'a,,c 48 of Re%ised Decemher'011 allowance for waste and for spoila`,c. Unused excess materials. if any. shall be provided to the City at the completion of the Work or. at the City's option. shall be sold by the CMAR or returned to the supplier: amounts realized. 11` any, I1-Om such sales or returns shall be credited to the City as a deduction Iron the Cost of the Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CMAR or others in accordance with rental agreements approved by City, and the costs of transportation. loading. unloading. assembly. dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery. or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by CMAR to its Contractor or Subcontractors for Work performed by Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a tee, the Subcontractor's Cost of the Work and fee shall be determined by the CMAR. a. FUII rental cost for rented. leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. The most recent published edition in eflect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required. may be rejected by City's Project Representative or Engineer or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the Engineer shall! be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above. equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the Engineer. Blue Book Payment Actual Usa� Category Less than 8 hours Hourly Rate 8 or more hours but less than Daily Rate 7 days 7 or more days but less than Weekly Rate 30 days 30 days or more Monthly Rate CHN OP PORT WORTH STANDARD CONSTRUCI ION SITCH CA I ION DO( t'.A11 A I S I OR C',A1:AR PROP I S Paee 49 of-71 Rev iced Decemher 1014 d. Equipment when idle (Standby): Idle or standby cquipmcnt is equipment on-site or in transit to and fi-om the Work site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the Engineer. shall be paid at the leasing- rate determined in Para�.;raph I l ffl.A.4.c.. excluding operational costs. e. Where a breakdown Occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City. standby time will be paid during non-operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories. Slrvevors, attorneys. and accountants) employed by CMAR for services specifically related to the Work. 6. Supplemental costs including the tollowing: a. The proportion of necessary transportation, travel, and subsistence expenses of CMAR's employees incurred in discharge of dirties connected with the Work. b. Cost. including transportation and maintenance, dismantling and removal of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost. less market value, of such items used but not consumed which remain the property ofCMAR. c. Sales, consumer. use. and other similar taxes related to the Work, and for which CMAR is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty, payments and tees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by CMAR in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages. and expenses shall be included in the Cost of the Work for the purpose of determining CMAR's fee. If. however. any such loss or damage to the Work that has been accepted by 'owner requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for CITI'OI FORT l\OR]I I STANDARD CONS IRIICI ION SPFCIPCAI ION I)()('[ MINP, IORC%IARPROII-CIS >O of Revised Dccemher 2014 services, a fee proportionate to that stated in Paragraph 12.01. f. The cost of utilities. fuel. and sanitary facilities at the Site. g. Minor expenses such as lone distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs. costs of general office and similar supplies, postage, express delivery and courier services. and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds CMAR is required by the Contract DOCUmentS to purchase and maintain: the cost of all subcontractor bonds and/or an agreed-upon rate for subcontractor default insurance, and insurance at an agreed-upon rate. i. Costs of removal of debris from the site. J. That portion ofthe reasonable travel and subsistence expenses of the CMAR's personnel incurred while travelim, in discharge of duties connected with the Work in accordance with the CMAR's written policies for personnel at or below the level of Project Superintendent. k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project- excluding the purchase of new vehicles by CMAR or subcontractors for this Project. 1. Deductibles and self-insured retention amounts associated with insurance. Ill. Fees and assessments for the building permit and for other permits, licenses and inspections for which the CMAR is required by the Contract Documents to pay. n. Fees of testinu, laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph / bclo". o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the CMAR resulting from such suits or claims, such payments made only with the City's consent: provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions ofthe Contract DOCIIments. p. Legal or mediation costs, other than those arising from disputes between the City and CMAR or reasonably incurred by the CMAR in the performance of the Work. except where covered under any indemnity by CMAR and only with the City's written C11YOF FOR r\\Y)RIII STANDARD CONS I R VI ION SIT(A (A IION DOC'I IN]I_N I )FOR CMAR PROJI_c rs Pa Le�I of 71 Revised December 2014 permission. q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy for relocation and temporary living allowances of personnel required fi)r the Work, in case it is necessary to relocate such personnel. for personnel below the level of Project Superintendent. I-. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage. injury or loss in case ofan emergency affecting the safety of persons or property. s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure of the CMAR or the CMAR's employees, including supervisory, administrative or managerial personnel. to perform in accordance with the Contract Documents or by the failure of the CMAR's personnel to supervise adequately the Work of the subcontractors or suppliers. and only to the extent that the cost of repair or correction is not recoverable by the CMAR f=rom insurance, its Subcontractors or its suppliers. t. Other costs incurred by the CMAR in performance of the Work if and to the extent approved in advance in writing by the City. U. Rental charges for temporary facilities, including, site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific, on-site, safety inspection and related safety supplies and costs. x. Project specific. on site. quality control inspection and quality assurance and control costs. B. C'osls Evc•luclecl.- The term Cost ofthe Work shall not include any of the following items: 1. Payroll costs and other compensation of CMAR's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers. engineers, architects. estimators. attorneys, auditors, accountants, purchasing and contracting agents. expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1 1.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CMAR's fee. 2. Expenses of CMAR's principal and branch offices other than CMAR's office at the Site. 3. Anv part of CMAR's capital expenses. including interest on CMAR's capital employed for CITY 01 FOK I \1'OR I I I STANDARD('ONSI Rt ICIION SPI(IF(A LION DOCI I(vr6NI S FOR(MAR PROJ1 CI S PaL'c>'_of 71 Re%iscd Dercmhrr,()II the Work and charges against CMAR for delinquent payments. 4. Costs due primarily to the negligence of CMAR , any subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to. the correction of defective Work, disposal of materials or equipment wrongly supplied. and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 1 I.01.A. 6. The CMAR's capital expenses. Including interest on the CMAR's capital employed for the Work. 7. Rental costs o1 machinery and equipment, except as specifically provided in Paragraph 1 l.01.A.3. 8. Liquidated damages assessed the CMAR by the City. 9. Data processing and software costs related to the Work. 10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph 11.01.B.I above. 11. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.13.1 above. C. CMAR's Fee: CMAR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, CMAR's fee shall be detennined as set forth in Paragraph 12.02. D. Docun►ewalion: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and 11.01.13, CMAR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. E. For all subcontracts. the CMAR shall ensure compliance with Texas law. F. Discounts. Rebates and Refitnc&: Cash discounts obtained on payments made by the CMAR shall accrue to the City if(I) before making the payment, the CMAR included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the CMAR with which to make payments: otherwise, cash discounts shall accrue to the CMAR Contractor. Trade discounts, rebates, refunds and amoLmts received from sales of surplus materials and equipment shall accrue to the City, and the CMAR Contractor shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost ofthe Work. C11 Y01 PORT% )R fl l S ANDAR1)CONS I RPC110N SPI CII( A I IUN DOCI IN1I N I S FOR CMAR PROI[CTS Pagc;,of 71 Rey iced December'1114 G ACC011171in(,,, RecorcLv: the CMAR Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial ma110"Cment under the Contract Documents: the accounting and control systems shall be satistactory to the City. 11.02 _lllouuftecs-"('ofili�7,e»cl A. SI)ecgietl.41101FCmces or C'o171i17ge17Cy,<117701117/s: CMAR may include in the GMP allowances or contingency amounts as may be acceptable to City. Specific allowance or contingency amounts will be negotiated and memorialized in the Agreement. B. P1-e-hic1;111oivw7ce.v: 1. may include the cost of materials and equipment required by CMAR to be delivered to the Site including all applicable taxes; and 2. may include CMAR's costs for unloading and handling such materials or equipment at the Site i n c I u d i n g labor, installation, overhead, profit, and other expenses contemplated by CMAR and no demand for additional payment on account of any of the foregoing exceeding the Pre-Bid Allowance amount will be valid. C. Prior to Final Payment, an appropriate Change Order will be issued to reflect actual amounts due CMAR on account of Work covered by allowance or contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Construction Documents provide that all or part of the Work is to be Unit Price Work. initially the GMP will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial GMP. Determinations of the actual quantities and classifications of Unit Price Work performed by CMAR will be made by City subject to the provisions of Paragraph 9.05. C. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if: I. the quantity of any item of Unit Price Work performed by CMAR diners materially and significantly fi-om the estimated quantity of such item indicated in the Construction Documents: and CITY OF I OR I OR I I I STANDARD CONS I RC( [ION SITCIFCAI]ON DOCI IMI:N IS FOR CMAR ITO.IIV IS Pace 4 o(71 Revised Deccmhcr, IA 2. there is no corresponding adjustment with respect to any other item of Work. E. lncreasecl or Decreased Ouawilics: The City reserves the to order Extra Work in accordance with Paragraph 10.01. I. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work may be paid fi application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03): or 2. where the Work involved is not covered by unit prices contained In the Contract Documents. by a mutually a��reed lump sum or unit price plus CMAR's Construction Services Fee, and shall include the cost of any secondary impacts that are toreseeable at the time of pricing the cost of Extra Work: or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.02.13.2. on the basis of the Cost of the Work (determined as provided in Paragraph 1 1.01) plus CMAR's Construction Services Fee. 4. the amount of credit to be allowed by CMAR to City to►- any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a corresponding deduction in CMAR's Fee. 12.03 ('l►unge ofComrcia Time A. The Contract Time may only be changed by a Change Order. 13. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or CMAR can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 Delays A. Where CMAR is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of CMAR, and that affected Work is within the Contract "time. the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires. floods, epidemics, abnormal weather conditions, or acts of God. 13. If CMAR is delayed, City shall not be liable to CMAR for any claims. costs, losses, or damages (including but not limited to all fees and charges of engineers, architects. attorneys, and other professionals and all court or other dispute resolution costs) sustained by CMAR on or in connection with any other project or anticipated project ofCMAR. C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of CMAR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control ofCMAR. D. The CMAR shall receive no compensation for delays or hindrances to the Work. except when direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its (I I Y01 I OR I XMRII I ti I AND,ARI)(ONS I RI IC"IION SITCH('A-IION'DOCI NIIA IS FOR CNIAR PRO.II-(`IS PaLc�;6 of 71 Re%ise l Decemhei 2()14 Engineer or consultants, or utility cmners or separate contractors" incluCfinI �\ithout limitation the failure of the City to provide Information or material. If any, \\hlch is to be fUrnished by the City. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice ofDefects Notice of all defective Work of which City has actual knowledge will be given to CMAR. Detective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests shalt have access to the Site and the Work at reasonable times for their observation, inspection, and testing. CMAR shall provide them proper and safe conditions for such access and advise them of CMAR's safety procedures and programs so that they may comply therewith as applicable. 13,03 Testy and Invpections A. CMAR shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Q. If Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive the required certificates of inspection or approval: excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perforni any inspections or tests for any part of the Work" as determined solely by City. 1. City will coordinate such testing with Contractor; 2. Should any testing under this Section 13.03 D result in a "fail". '-did not pass"' or other similar negative result. the CMAR shall be responsible for paying for any and all retests. CIIYOI I )RI )RIII S I:ANDARD CONS I Rt C HON SPFCIPCAIION DOCI NIIA IS FOR CMAR PRO JI.0 IS PaL,c 57 of 71 RcN ised Decemher 2014 CMAR's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section I U), D shall be paid directly to the Testing Lab by CMAR. City will forward all invoices for retests to CMAR. 4. If CMAR fails to pay the Testing Lab. City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected. tested, or approved is covered by CMAR without written concurrence of City. CMAR shall. upon request by City. uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.1- shall be at CMAR's expense. G. CMAR shall have the right to make a Contract Claim regarding anv retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. if any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at CMAR's expense. B. if City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. I. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation. inspection. and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs associated with exposing, observing, and testing the detective Work. 2. If the uncovered Work is not found to be detective. CMAR shall be compensated for costs and/or time directly attributable to such uncovering. exposure. observation, inspection, testing, replacement, and reconstruction. 13.05 C'i[v Nlny Sto/)the Work If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to perform the Work in such a xNw, that the completed Work will conform to the Contract Documents. City may order CMAR to stop the Work. or any portion thereof, until the (IiYOFFORrWoRIII S I:,\NDARD CONS I RUCI ION SPECIFCAIION DoC11NII`.N IS FOR CNIAR 1111016(I Pagc�S of71 Rc\iticd Dcccmhcr 2014 cause for such order has been eliminated: ho\\ever. this right of Cite to stop the Work shall not give rise to any duty on the part of Cit\ to exercise this right fir the benefit of CMAR , any Subcontractor, any Supplier. any other Individual or entity. or any surety for, or employee or apent of any of them. 1').06 Correction of°Rennowd of'Dckclirc It''ork A. Promptly after receipt of written notice, CMAR shall correct all detective Work pursuant to an acceptable schedule, whether or not fabricated. installed. or completed. or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. CMAR shall pay all claims, costs. additional testing, losses, and damages (including but not limited to all fees and charges of engineers. architects, attorneys. and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of' work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, CMAR shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Substantial Completion. any Work is found to be defective, or if the repair of any damages to the land or areas made available for CMAR's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, CMAR shall promptly, without cost to City and in accordance with City's written instructions: I. repair such detective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If CMAR does not promptly comply with the terms of City-s written instructions, or in an emergency where delay would cause serious risk of loss or damage. City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all tees and charges of engineers. architects, attorneys, and other professionals and all court or other dispute resolutiory costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs ofrepair or replacement of\,.ork of'others) will be paid by CMAR. C. In special circumstances where a particular item of equipment is placed in continuous service CI ry OF FOR] kk Oran tiTANDARD CONSTRUCTION SPECIFCA I ION DOCUNIVN I ,I OR(MAR I'll OJI V IS Pawc�9 o1 71 Rc\iscd Member 2014 before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date ipso provided in the Contract Documents. D. Where defective Work (and damaoe to other Work resultinl� therefrom) has been corrected or removed and replaced under this Paragraph 13.07. the correction period hereunder with respect to such Work may be required to be extended for an additional period of six months after the end of the initial correction period. City shall provide 30 days written notice to CMAR should such additional warranty coverage be required. CMAR nriy dispute this requirement by filling a Contract Claim. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of'Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. CMAR shall pay all claims. costs, losses, and damages (including but not limited to all fees and charges of engineers. architects. attorneys. and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If CMAR fails within a reasonable time after written notice fi-om City to correct detective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06A or if CMAR fails to perform the Work in accordance with the Contract Documents, or if CMAR tails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to CMAR, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09. City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere. CMAR shall allow City. City's representatives. agents. consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.09. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of en(,ineers, architects. attorneys. and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercisino the rights and remedies under this Paragraph 13.09 will be char-ed against CMAR. and a Change Order will be issued Cl rY Or FOR"r WOR n I STANDARD CONS I RUC1lON SITCII CATION DOCI A11,N1,1 OR UMAR PROJI,C I S Pa,c 60 of 71 Rey iced December 2014 incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CMAR AND COMPLETION 14.01 Schedule of Values The Schedule of Values will serve as the basis for progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. CMAR is responsible for providing all information as required to become a vendor of the City. 2. CMAR shall submit to City for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The CMAR's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that CMAR, o n be h a I f of City, has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, it and each subsequent Application for Payment shall include an affidavit from CMAR stating that previous progress payments received on account of the Work have been applied on account to discharge CMAR's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applicalions./br Palvrnew. 1. City will, within 30 days after receipt of each Application for Payment, either indicate in CITY OF FORT wORI H STANDARD CONSTRUC"LION SPGCIFCA I ION DOCUMEN I S FOR CMAR PROJEC"IS Paec 61 of 71 Rex fsed December2014 writing a recommendation of payment or return the Application For Payment to CMAR indicating reasons for refusing payment. In the latter case. CMAR may make the necessary corrections and resubmit the Application for Payment. 2. City's processing of-any payment requested in an Application for Payment will be based on City's observations of the executed Work. and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated, b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any Such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by City or entitle City to withhold payment to CMAR, or c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of the Work. 4. City may refuse to process the whole or any part of any payment due to evidence or the results of inspections or tests, to Such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the CMAR or his Subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in the current or previous Applications for Payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct Defective Work or complete Work in accordance with Paragraph 13.09: or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. CITY OF FORT WORTH STANDARD CONS'IROC I]ON SPLCIFCAIION DOC[IMENIS FOR CMAR PR(>.ILCI'S Pape 62 u1 71 Re\'ised December 2014 C. P01717enl: I. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application fur Payment will become due within 30 days of the receipt of the Application for Payment. 2. Upon failure by City to so pay. CMAR may suspend performance of Work (whichever phase), or in the event any, Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City. to terminate this Agreement. Interest at the rate of two percent per annual shall be payable on any amounts which are not in dispute but are unpaid by City alter sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, CMAR shall resume providing all agreed-upon Services. D. Reduction in f'c1v111en1. I. City may refuse to make payment of the amount requested because: a. Liens have been tiled in connection with the Work, except where CMAR has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual kno\vledi e of the occurrence of any of the events enumerated in Paragraphs 14.02.f3.4.a through 14.02.13.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give CMAR written notice stating the reasons for such action and shall pay CMAR any amount remaining after deduction of the amount so withheld. City shall pay CMAR the amount so withheld, or any adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for such action. 14.03 CMAR's Warranty of Tillc CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Parlitil Ulrlr:alion A. Prior to Final Acceptance of all the Work. City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with CMAR's performance of the remainder of the Work. City at ally time may notify CMAR in writing to permit City to use or occupy any such part of the Work which City and CMAR determine to be ready for its intended use. subject to the following conditions: CI[Y OP PORT WORII I STANDARD CONS I RI IC I ION SPI-C]I(AI ION DO(J MI N I S I OR I,AR PROII( IS Pagc l?of 71 Revised Deceinber201 4 I. C NIAR at ally tlllle Ilia\ notlf\ ( It\ In \\rlt►ng that CMAR considers any SLIC11 part of the Work ready for its intended use. 2. Within a reasonable time after notification. City and CMAR shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be Substantially complete. City will notify CMAR in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Finn!Inspection A. Upon written notice from CMAR that the entire Work is complete in accordance with the Contract Documents City will: I. within 10 days schedule a Final Inspection with CMAR; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. CMAR shall immediately take Such measures as are necessary to complete Such Work or remedy such deficiencies. B. No time char,e will be made against the CMAR between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will resume. 14.06 Finn!Acceptance Upon completion by CMAR, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to CMAR a letter of Final Acceptance. 14.07 Final Payment A. Application for Final Payment: I. Upon receipt of' a letter of Final Acceptance. CMAR may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied by: a. all documentation called for in the Contract Docunlents(except as previously delivered). including but not limited to the evidence of insurance required by Paragraph 5.03: b. consent ofthe Surety, if any. to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are CI IY or rORI \\OR I I I SIA NDARD CONS I RI C 11ON SPICII C:A I ION I.N IS I OR C\I:AR PRO.1I I(IS Page 64 of 71 Rn ised December 2014 unsettled: and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens tiled in connection with the Work. B. Payment Becon►e.v Due: I. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting- previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages: and c. after all Damage Claims have been resolved: i) directly by the CMAR; or ii) CMAR provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution; then d. Final Payment will become due and payable. 2. The making of the final payment by the City shall not relieve the CMAR of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of CMAR's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CMAR to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retoinage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as detenmined by the City. Before the release, all submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 Waiver of Claim.v The acceptance of final payment by CMAR will constitute a release of the City from all claims or liabilities under the Agreement for anything done or furnished or relating to the Work under the Contract Documents or any act or neglect of City related to or connected with the Agreement. CITY OP FORT WOR II I STANDARD CONS I RUCTION SPF.CIFCAI[ON DOCI IM I1 N I S FOR CNIAR I'ROJI'.CI S Page 6S of 71 Revised December 2014 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 01 �11t1_V S11.tipen(l 1G)rk A. At any time and without cause. City may suspend the Work or any portion thereof by written notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents. 16r any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the CMAR not be ahle to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the CMAR, and should it be determined by mutual consent of the CMAR and City that a solution to allow construction to proceed is not available within a reasonable period of time, CMAR may request an extension in Contract Time. directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the CMAR shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and CMAR shall take every precaution to prevent damage or deterioration of the work performed; CMAR shall provide suitable drainage about the work, and erect temporary structures where necessary. D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City Aduh Terminule n- Couse A. The occurrence of any one or more of the following events, by way of example but not of limitation. may justify termination for Cause: 1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents (including. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment. failure to adhere to the Project Schedule, as adjusted from time to time: 2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05. 4. CMAR's disregard of Laws or Regulations of any public body having jurisdiction; 5. CMAR's repeated disregard ofthe authority of City; 6. CMAR's violation in any substantial way of any provisions of the Contract Documents; 7. CMAR's failure to promptly make good any defect in materials or workmanship, or CI Y OF FOR I WORT 11 S I AN DARll CONSIRI 1C I JON SITCIFC;A I ION DOCl NI LN IS I()R C(`IAK 14RU ILC I S Paee 66 o1 71 Ro ised December 2014 defects ofanv nature. the correction of which has been directed in writing b� the City: 8. Substantial indication that the CMAR has made an unauthorized assignment of the Agreement or any funds due thcrefirom for the benefit of any creditor or for ank other purpose; 9. Substantial evidence that the CMAR has become insolvent or bankrupt. or otherwise financially unable to carry on the Work satisfactorily; 01- 10. CMAR commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph I5.02A. occur, City will provide written notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. I. If the City. CMAR. and Surety do not agree to allow the CMAR to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare CMAR in default and formally terminate the CMAR's right to complete the Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and Surety have received notice ofconference to address CMAR's failure to perform the Work. 2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the Work. if Surety does not commence pertormance thereof within 15 calendar days after the date of written notice demanding Surety's performance of its obligations. then City. without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude CMAR and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, CMAR shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely finished. If the unpaid balance of the Contract Price exceeds all claims.. costs, losses and damages sustained by City arising out of or resulting from City or Surety completing the Work. such excess will be paid to CMAR, with Surety approval. up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform. and any claims. costs. losses and damages exceed the unpaid balance, CMAR or Surety shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order. provided that when exercising any rights or remedies under- this Paragraph. City shall not be required to obtain the lowest price for the Work perf6rmed. 5. Neither City. nor any of its respective consultants, (-,ents, officers. directors or employees shall he in any, way liable or accountable to CMAR or- Surety for the method by which the CIIY01 FOR %kORIII S'1;ANDAR1)('UNSI RI'C nON SPFCIPCA IION DO(TivII:NI S FOR CNI:AR PROII('I'S Pa_c 67 of 71 Rey iced December 20 14 completion of the said Work. or any portion thereof. may be accomplished or for the price paid therefor. 6. City. notwithstanding the method used in completing the Agreement, shall not forteit the right to recover damages from CMAR or Surety for CMAR's failure to timely complete the Work. CMAR shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. 8. Termination of CMAR for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 15.02.6, CMAR's services will not be terminated if CMAR begins. within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within not more than 30 days of receipt of said notice. D. Where CMAR's services have been so terminated by City, the termination will not affect any rights or remedies of City against CMAR then existing or which may thereafter accrue. Any retention or payment of moneys due CMAR by City will not release CMAR from liability. E. To the extent that CMAR has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.03 City Muy Terrninnte For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the CMAR specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City. the CMAR shall: I. Stop work cinder the Agreement on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be Cl I OF FOR'I WORII I STANDARD CONS I RUCTION SI'[CIFCAIION DOC[IMF:N IS FOR CMAR PRO.II-CIS Pafle 68 of 71 Revised December 2014 necessary fbr- completion of such portion of the Work under the Aoreement as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice oftermination: 4. transfer title to the City and deliver in the manner, at the times. and to the extent. if any, directed by the City: a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the City; 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the CMAR and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the CMAR shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the CMAR, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, CMAR shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, 2. direct expenses sustained prior to the effective date of termination in performing services and furnishing labor. materials, or equipment as required by the Contract Documents in connection with uncompleted Work; CI I Y OP FORT WOR II I STANDARD CONS I RUC IION SPGCIFCA I ION DOCtiMFN IS I OR CMAR PROJI`.(I S Pa-,e 61)of 71 Rexised Decemher2014 3. reasonable expenses directly attributable to termination_ and 4. overhead and profit in the form of a prorated an1o1111t of the CMAR's Fee. with such proportion being "the cost of the work completed to date" divided by "GMP minus the CMAR's Fee''. G. In the event of the failure of the CMAR and City to a0 rCC upon the %\-hole amount to be paid to the CMAR by reason of the termination of the Work under Paragraph 15.03. the City shall determine, on the basis of information available to it, the amount, it'any, due to the CMAR by reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16— DISPUTE RESOLUTION Melhocls onel Piwce(hu-es A. Either City or CMAR may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph I0.06.E. B. City and CMAR shall participate in the mediation process in good faith. The process shall be commenced within 60 days offifng of the request. C. if the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period. City or CMAR: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 —MISCELLANEOUS 17.01 Giving Nolice A. Whenever any provision of the Contract Documents requires the ­iving of written notice, it will be deemed to have been validly given if: l.delivered in person to the individual or to a member of the firm or to an officer- of the Cllr'OI I ORT�'OR I I S 1A N I)A RD CO NtiIRI VI I ON SPI CIFCA I ION DOCI IMIA IS FOR CMAR PRO]I1C"IS 1'aec 7n o1 71 Re%ise0 December 2014 corporation for whom it is intended: of- 2. delivered electronically with mad receipt vcrification" requested: of- 3. In the case of any notice of Claim or Termination, delivered or sent by re-istercd or certified mail, postage prepaid, o r o v e r n i o If t d e I i v e ry to the last business address known to the giver ofthe notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifics giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of'receipt by the receiving party. 17.02 Comj)ulalion of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cummlalive Remedies The duties and obligations imposed by these General Conditions and the rigghts and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed o► available by Laws or Regulations, by special warranty or guarantee. or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligalions All representations, indemnifications, warranties, and guarantees made in. required by, or given in accordance with the Contract Documents. as well as all ContlnUing obligations indicated in the Contract Documents, will survive final payment, completion. and acceptance of the Work or termination or completion of the Contract or termination of the services of CMAR. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CI I)'()I:FORT WORTH Sl/ANI)ARU I ONSIR(ICI'ION SPLC'IPCAIION UOCI Ih11?N IS FOR('MAR PRO11.( IS Page 71 o1 71 Revised December 2014 ATTACHMENT D Revised Exhibit I - Construction Budget and Fee Proposals CMAR—CFW FOR: C01920 Page 13 of 13 Attachment D Revised Exhibit I - Construction Budget and Fee Proposals Total Project Budget: $6,268,400.00 (City funds for additional design/engineering:) ($ 220,000.00) City's Budget: ($ 626,840.00) (city's contingency, inspection, material testing and project administration) Construction Budget: $5,421,560.00 Proposer's Fees Pre-Construction Services Minimum Fee $40,000.00 Additional Fee (Proposer's discretion, $11,734.00 cannot be negative) Total Pre-Construction Services Fee $51,734.00 Construction Services Fee Management Fee (expressed as a 8% percentage of GMP Additional Cost Sharing if an $ As described in the CMAR Agreement Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. 811812016 M C RpM w Official FORT WORTII CM COUNCIL AGENDA COUNCIL ACTION: Approved As Amended on 8/16/2016 DATE: 8/16/2016 REFERENCE C-27877 LOG NAME: 80LAKE WORTH TRAIL PHASE NO.: I_CMAR CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Construction Manager-at-Risk Agreement with Haydon Building Corp for the Lake Worth Trail Phase I Project with a Preconstruction Phase Services Fee in the Amount of$51,734.00 and a Construction Phase Services Fee of Eight Percent of the Guaranteed Maximum Price Within a Project Construction Budget of$5,421,560.00, Provide for City Construction Contingencies, Administration Costs, Inspections, Material Testing for a Total Project Construction Budget of$6,068,400.00, Authorize Execution of Amendment No. 3 to City Secretary Contract No. 44073 with Freese & Nichols, Inc., in the Amount of$200,000.00 for Additional Engineering Services for the Lake Worth Trail Phase I Final Design Increasing the Project Design Costs to$1,298,834.00 with the Overall Project Budget of$7,347,234.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Construction Manager-at-Risk Agreement with Haydon Building Corp for the Lake Worth Trail Phase I Project with a preconstruction phase services fee in the amount of $51,734.00 and a construction phase services fee of eight percent of the guaranteed maximum price within a project construction budget of$5,421,560.00. 2. Authorize the execution of Amendment No. 3 to the Engineering Agreement with Freese and Nichols, Inc., (City Secretary Contract No. 44073) in an amount not to exceed $200,000.00 for engineering services associated with the Lake Worth Trail Phase I Final Design increasing the project design costs to $1,298,834.00 . DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Construction Manager-at-Risk (CMAR)Agreement with Haydon Building Corp for the Lake Worth Trail Phase I Project with a preconstruction phase services fee in the amount of$51,734.00 and a project construction budget of$5,421,560.00 within which the construction phase services fee of eight percent of the guaranteed maximum price shall be included. Staff is reserving the amount of$626,840.00 for contingencies, administration costs, inspections and material testing. The total project budget, including design, is$7,347,234.00. The project scope includes the construction of approximately 5.6 miles of trail beginning at Trinity Trail near Anahauc Street going through YMCA Camp Carter, Marion Sansom Park, along Cahoba Drive through Windswept Circle Park and Plover Circle Park terminating at a Trailhead in Arrow 'S' Park. Construction Manager-at-Risk: Due to factors of budget and site challenges, the design team determined that utilization of the Construction Manager-at-Risk method will increase and/or enhance functionality resulting from preconstruction review, phasing and sequencing of project delivery to reduce impacts to park users during construction, and employ cost-savings and/or cost-avoidance techniques and reduce overall delivery timeline. Construction Manager-at-Risk Selection: A Request for Proposals (RFP)for a CMAR was published on Thursday, April 21, 2016 and Thursday, April 28, 2016 in the Fort Worth Star Telegram. A pre-proposal meeting and site tour was held May 3, M4://apps.cfwnet.orgkmri il_pwke/mc_review.asp?ID=22565&councildate=8/16/2016 1/4 8/16/2016 M&C Review 2016. Six proposals were received on May 19, 2016 from the following firms: The Fain Group, Inc., C. Green Scaping, Haydon Building Corporation, Scott Tucker Construction Company, LLC, W.B, Kibler Construction Co. LTD, and NorthStar Construction, LLC/FWCC Fort Worth Civil Constructors, LLC. On May 21, 2016 and May 26, 2016 a selection committee of five members, which consisted of representatives from the Park and Recreation Department(PARD), Transportation and Public Works Department(TPW), and the Housing and Economic Development Department(M/WBE), convened to review the proposals. The selection committee assigned values for each firm based on the published criteria, including: (a) cover letter, (b)forms and certificates, (c) experience and financial stability, (d) pre-construction service fee, (e) qualifications and experience of key personnel, (f) project approach, (g) compliance with BDE Ordinance, (h) special considerations and (i) proposer's responsiveness. Note: Items(a), (b)and (i) were non-point based and were scored as a pass or fail with each proposer meeting the requirements, thus not shown in table below. Based on the evaluation of the listed factors, Haydon Building Corporation received the most points and is selected as the firm that demonstrated the most effective CMAR project delivery approach. EVALUATION FACTORS I i FIRMS (c) (d) (e) (f) i (9) (h) TOTAL RANK POINTS i Haydon Building Corp [T3 37 95 190 ! 19 30 F 444 1 c The Fain Group 67 64 75 133 12 35 386 2 —[ Scott Tucker Construction [ 45 70 77 134 12 10 348 3 i FW' . B. Kibler Construction [�7 [�o 78 129 .10 5 309 4 i F N 3 57 $6 orthStar/FWCC 3 12 2 265 5 C. Green Soaping __ 33 49 j 52 [_89 j�-4 7 234 6 I ! i The project budget includes the following: Description Amount $293,328.00 Preliminary Contract Design Design Amendment No. 1 $89,110.00 Design Amendment No. 2 $598,940.00 Design Amendment No. 3 ( $200,000.00 Design Administration $117,456.00 (DESIGN SUBTOTAL $1,298,834.00 Construction Budget - Includes: j 1.) CMAR Pre-Construction Phase Services ($51,734.00) $5,421,560.00 2.) CMAR Construction Phase (includes an eight percent management fee of GMP) (GMP to be determined) http://apps.ciwneLorg/courdlj)acket/mc_review.asp?ID=22565&couricildate=8/16/2016 214 8/16/2016 MSC Review 'City's Contingency, Administration, Inspections and Material Testing $626,840.00 CONSTRUCTION SUBTOTAL $6,048,400.00 PROJECT TOTAL $7,347,234.00 Funds were earmarked for trail construction in the 2007 Lake Worth Capital Improvement Implementation Plan which is funded by Lake Worth Gas Lease Capital Fund. Total appropriations are summarized below. Date. M&C Amount 12/4/12 C-25989 $300,000.00 5/6/14 C-26791 y� $120,000.00 7/21/15 C-27382 - — - $658,834.00 12/15/15 G-18625 $7,347,23 $6,268,400.00 (Tarrant Regional Water District Participation: The City and the Tarrant Regional Water District(TRWD) (M&C C-27382) considered an Interlocal Agreement regarding cash funds to support the project; however with reduced gas lease revenues, TRWD requested a change in its participation structure such that in lieu of a cash contribution, TRWD will now support the project with in-kind services. PARD staff have been working with TRWD to identify potential in-kind services such as providing pedestrian bridges, park signage and 911 signs.These in- kind services will reduce the overall impact to the total cost for construction. The original ILA was never executed. A_revised ILA for in-kind services may be entered into at an appropriate time. Design Services Agreement Amendment: On January 8, 2008, (M&C G-16013) the City Council amended the Gas Well Revenue Distribution Policy to allow for revenues derived from lease bonuses and royalties from properties in and around Lake Worth to be used for the execution of the 2007 Lake Worth Capital Improvements Implementation Plan. On December 16, 2008, (M&C C-23262)the City Council authorized Freese and Nichols to produce a preliminary Lake Worth Trail Routing Study for the hike and bike trail around Lake Worth, which is currently being used to define the scope of the final trail layout and design. On December 4, 2012, (M&C C-25989)the City Council authorized an Engineering Agreement with Freese and Nichols in the amount of$293,328.00 for design services for the Lake Worth Trail Preliminary Design. On May 6, 2014, (M&C C-26791) the City Council authorized the execution of Amendment No. 1 to the Engineering Agreement with Freese and Nichols in the amount of$89,110.00 for additional design, engineering and surveying services for the Lake Worth Trail Preliminary Design. On July 21, 2015, (M&C C-27382)the City Council authorized the execution of Amendment No. 2 to the Engineering Agreement with Freese and Nichols in the amount of$598,940.00 to perform final design, engineering and surveying services for the Lake Worth Trail Phase I Final Design. Contract Amendment No. 3 Freese and Nichols proposes additional engineering and surveying services for a lump-sum amount not to exceed of$200,000.00 for items not previously scoped and Staff considers this to be fair and reasonable for the scope of services proposed. The M/WBE Office has determined that there is no MBE diverse goal for Pre-Construction Phase Services. The overall diverse MBE goal for Construction Phase Services for this project is 15 percent and Haydon Building Corp has stated that it can exceed the minimum goal of 15 percent MBE participation required for this project during the construction phase by achieving 18 percent participation. http://apps.crwnet.org/cairrilj)acket/mc review.asp?ID=22565&councildate=8/1612016 3/4 8118/2016 M&C Review Freese and Nichols, Inc., agrees to maintain its initial SBE commitment of 25 percent that it made on the original Agreement and extend and maintain that same SBE commitment of 25 percent to all prior amendments up to and inclusive of this Amendment No. 3. Therefore, Freese and Nichols, Inc., remains in compliance with the City's BDE Ordinance and attests to its commitment by its signature on the Acceptance of Previous SBE Commitment form executed by an authorized representative of its company. An annual maintenance cost of$78,700.00 is expected for this project. The Lake Worth Trail project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Lake Worth Gas Lease Capital Improvement Fund, and funds from Tarrant Regional Water District will not be received. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Charlfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 39301 0800450 5330500 C01920 C05030 $200,000.00 1 39301 0800450 5330500 C01920 C05030 $51,734.0 Submitted for City Manager's Office by: Susan Alanis(8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek(5744) ATTACHMENTS Form 1295 rev1.pdf LWT FNI Form 1295.adf LWT-Phase 1 Map-032916.pdf http:// .cfwnet.org/couridl_packet/mc_review.asp?ID=225&9&councildate=8/16/2016 4/4