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HomeMy WebLinkAboutContract 35723 CITY SECRETARY w0cwFa CONTRACT NO_ j� THE CITY OF FORT WORTH, TEXAS =mcmn o iwemw TPUV2006-01 FORT WORTH CONVENTION CENTETT"-" PARKING GARAGE - FORTWORTH MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER Robert Goode, P.E. Director, Transportation and Public Works Dept Kirk Slaughter i Director, Public Events Department Thos. S. Byrne, Ltd. Jacobs Facilities, Inc. Ffl�IAL REC®RD August 2007 IR Nokyfl, TEX. i ORIGINAL Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/12/2007 - Ordinance Nos. 17604-06-2007 and 17605-06- 2007 DATE: Tuesday, June 12, 2007 LOG NAME: 20TSBGARAGE2 REFERENCE NO.: C-22184 SUBJECT: Authorize Execution of a Construction-Manager-at-Risk Agreement with Thos. S. Byrne, Ltd., for the Construction of the New Downtown Parking Garage and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $3,254,463.00 and decreasing the unaudited, unreserved, undesignated fund balance by the same amount; 2. Authorize the City Manager to transfer $3,254,463.00 from the Culture and Tourism Fund to the Parking Garage Capital Project Fund; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Parking Garage Capital Project Fund in the amount of$3,254,463.00 from available funds; and 4. Authorize a Construction-Manager-at-Risk (CMAR) agreement with Thos. S. Byrne, Ltd. (TSB), in the amount of$22,965,032.00 for the construction of a new downtown parking garage. DISCUSSION: On October 13, 2005, a request for proposal was issued for a CMAR firm to participate in the design process and lead the construction process for the construction of a new downtown City parking garage. A city staff selection panel identified TSB as the best qualified CMAR firm. On January 24, 2006, (M&C C- 21271) City Council authorized a consultant agreement with Jacobs Facilities Inc. (Jacobs) for the design and construction administration of this parking garage. On that same date, the City Council approved a Pre-Construction Services Agreement (M&C C-21272) with TSB for pricing, value-engineering, and constructability review services associated with the design of a new downtown parking garage. Jacobs submitted the 100 percent construction design, and based on that a Final Guaranteed Maximum Price of$22,965,032 has been negotiated with TSB. The estimated overall cost of the project is: Design $1,275,000.00 Pre-Construction Services $25,000.00 CMAR Construction Contract $22,965,032.00 Geo-tech and materials testing $427,000.00 Utilities $825,000.00 ITS $25,000.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007 Page 2 of 3 Staff Admin $45,000.00 Contingency $87,968.00 Total $25,900,000.00 Thos. S. Byrne has committed to 30 percent overall M/WBE participation on the parking garage project and is in compliance with the City's M/WBE Ordinance. The City's goal on this project is 30 percent. Funding for this project is coming from two sources: 1) Cultural and Tourism Fund has set aside $5,400,000, of which $2,145,537 has already been appropriated (M&C's C-21271, C-21272, and C- 21546), leaving a balance of $3,254,463 to be appropriated with this M&C. 2) M&C G-15621 approved appropriation of $22,030,000 for the parking garage; $20,500,000 will be used to fund construction with this M&C and the balance of$1,530,000 is available to begin repayment of the bond debt until the parking garage begins to generate revenue. Projects of this magnitude typically include at least 5 percent construction contingency. This project has a much lower contingency than typical (less than 1/2 percent) at this point to allow inclusion of all alternates related to the appearance of the garage. Examples of alternates accepted include embedded conduits for lighting and sound systems to be installed under a separate public art contract; the use of colored glass rather than tinted glass; and replacing a translucent canopy with a colored glass canopy. A value- engineering proposal to delete the thin brick veneer for a credit of $365,000 has not been accepted. If additional funds are needed for contingency purposes, it is recommended that the thin brick veneer be deleted from the contract scope and those funds be used for contingency change orders. The project is physically located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Parking Garage Fund. The unaudited, unreserved, designated fund balance of the Culture and Tourism Fund will be $13,957,899 after this appropriation. TO Fund/Account/Centers FROM Fund/Account/Centers 1) GG04 538070 0240400 $3,254,463.00 2) GG04 538070 0240400 $3,254,463.00 P259 511080 301070013680 $30,000.00 259 541200 301070013680 $22,965,032.00 3) $250,000.00 P259 522500 301070013680 3) $400,000.00 P259 531060 301070013680 3) $2,574,463.00 P259 541200 301070013680 P259 472004 301070013680 $3,254,463.00 Submitted for City Manager's Office b, Marc Ott (8476) Originating Department Head: Robert Goode (7801) Additional Information Contact: Glenn Balog (2028) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/30/2007 Page 3 of 3 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 8/3 0/2007 ra CITY OF FORT WORTH, TEXAS CONSTRUCTION MANAGEMENT AT RISK CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This CONTRACT is made and entered into the 25th day of June, 2007, by and between the CITY OF FORT WORTH, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City", and the Construction Manager at Risk, Thomas. S. Byrne, Ltd., hereinafter called "CMAR." The City and CNiAR are sometimes referred to herein individually as a "Party"and collectively as the"Parties". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bonds bearing even date herewith, CMAR hereby agrees to provide all labor, supervision, materials and equipment necessary to be used or incorporated in order to provide construction management services and to produce the construction of certain improvements per the basic scope of work set forth in the Architect/Engineer construction documents based on the scope included in the Construction Drawings dated March 19, 2007 and related specifications, the Request for Proposals, CMAR's proposal, and the other Contract Documents (the"Work")for the FWCC HOUSTON STREET CONVENTION CENTER PARKING GARAGE ("Project"). That the work herein contemplated shall consist of: Managing the Project during the construction phase and furnishing as an independent CMAR, all labor, tools, appliances, and materials necessary for the construction and completion of said Project. The Final Guaranteed Maximum Price (FGMP) of the Project, including all the foregoing, plus the agreed upon burdens, shall not exceed $22,965,032.00 (the "Construction Budget"). The CMAR agrees to commence the construction of said Work within ten (10) calendar days after being notified in writing to do so by City. Compensation The City agrees to pay, and the CMAR agrees to receive, for all of the aforesaid Work, compensation equal to actual expenses incurred plus the CMAR Fee up to the FGMP as detailed in Thos S. Byrne letters dated March 6, 2007, May 22, 2007, and May 31, 2007 which are attached hereto and incorporated herein as Attachment 1. Payment will be made in monthly installments upon actual work completed by the CMAR and receipt of invoice from the CMAR pursuant to the payment provisions of the General Conditions. Upon the City's request, the CMAR will provide documentation demonstrating actual expenses E incurred Schedule The CMAR agrees to complete the Work, suitable for occupancy and beneficial use, within 400 calendar days from the Notice-to-Proceed. _ MWBE The CMAR commits to 30% M/WBE participation for this Project. CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE,JUNE 2007 Page 1 of 46 w General Conditions Attachment 2 will be the General Conditions and Insurance Requirements for this Project Insurance Certificate Reauirements The CMAR will provide a Certificate of Insurance listing the City of Fort Worth as certificate holder, showing the amounts and types of coverage as required in the General Conditions. The CMAR agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance! covering each of its employees on the Project in compliance with Texas law. No Notice-to-Proceed will be issued until the CMAR has complied with this Section. The CMAR agrees to require each and every Subcontractor who will perform work on the Project to provide to it a certificate from such Subcontractor stating that the Subcontractor has a policy of workers compensation insurance covering each employee employed on the Project. CMAR will not permit any Subcontractor to perform work on the Project until such certificate has been acquired. The CMAR shall provide a copy of all such certificates to the City. Prior to the execution of this Contract, the CMAR shall provide both the Payment and Performance Bonds for the full amount of the Contract. The CMAR shall apply for all City of Fort Worth permits and for any other permits required by this Project. The City of Fort Worth permit fees are waived. Separate permits will be required for each facility. If the CMAR should fain to complete the Work as set forth in the Plans and Specifications and other Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due CMAR, the liquidated darnages outlined in the General Conditions, not as a penalty but as liquidated damages. The CMAR and its Surety shall be liable to the City for such a deficiency. (Remainder of Page Intentionally Left Blank) CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENER PARKING GARAGE JUNE 2007 Page 2 of 46 Mr IN WITNESS WHEREOF, the Parties have caused this i ument to be signed in six counterparts Executed in Fort Worth,Texas, this the day of , 2007. Thos S rne, Lt ., APPROVED: CITY OF FORT WORTH John A 'a; Jr. Title: Vresident & CEO rc Ott Assistant City M ager APPROVAL RECOMMENDED: ATTEST: Robert Goode, .E., Director Marty Hendrix Transportation and Public Works City Secretary APPROVE TO FOR LEGALITY: Contract Authorization: M&C -a-o- Amy J. Ra y Assistant A torney ate: D - ; wL Ric CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENER PARKING GARAGE JUNE 2007 Page 3 of 46 f r Bond #46BCSEB3594 PERFORMANCE BOND THE STATE OF TEXAS § ■r § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1)_ Thos. S. Byrne. Ltd. , as Principal herein, and (2) Hartford Fire Insurance Company a corporation organized under the laws of the State of (3) Connecticut , and who is authorized to issue surety A bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in -the sum of Twenty Two Million, Nine Hundred Sixty Five Thousand, Thirty Two Dollars and No Cents Dollars ( $22,965,032.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 25th day of June , 2007, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of FWCC HOUSTON STREET' CONVENTION CENTER PARKING GARAGE (DOWNTOWN PARKING GARAGE). NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 15th day of August, 2007. Thos. S.Byrne,Ltd. PRINCIPAL F' ATTEST: By: q—L�/ Name: Elias "ar (Principa -nx kt;r Title: Executive Vice President- T.S. Byrne Management. Inc.—General Partner (S E A L) Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Principal Hartford Fire Insurance Company SURETY ATTEST: By: Name: Tracy Tucker Secretary Attorney in Fact (S E A L) Address: 2005 White Settlement Road — Ft Worth, TX 76107 Witness as to Surety Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. r Bond #46BCSEB3594 • PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Thos. S. Byrne, Ltd. , as Principal herein, and (2) Hartford Fire Insurance Company a corporation organized and existing under the laws of the State of (3) Connecticut , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Twenty Two Million, Nine Hundred Sixty Fiye Thousand, Thirty Two Dollars and No Cents Dollars ($22,965,032.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 25th day of June , 2007, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: FWCC HOUSTON STREET CONVENTION CENTER PARKING GARAGE (DOWNTOWN PARKING GARAGE). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 15th day of August, 2007. r Thos. S. Byrne, Ltd. PRINCIPAL ATTEST: By: Name: Elia a' ar (Principal) S-r . ae Title: Executive Vice-President-T.S. Byrne Management, Inc. — General Partner (S E A L) Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Principal Hartford Fire Insurance Company SURETY �^ ATTEST: By: — Name: Tracy Tucker Secretary Attorney in Fact (S E A L) Address: 2005 White Settlement Road Ft Worth, TX 76107 Witness as to Surety Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. POWER OF ATTORNEY THE HARTFORD PLAZA Q HARTFORD PLAZA HARTFORD,CONNECTICUT 06115 0 Hartford Fire Insurance Company Twin City Fire Insurance Company 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest 0 0 Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast 0 >b KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, >. Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Tracy Tucker, Tobin Tucker, W. Lawrence Brown of Fort Worth, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly �+ attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. trite u 4^itrs:y try .tdr'N ! a�! r. ::iue.ne.rr.;. � bvar ��r"""r0 i�(.f-°V°y'+o•s; 3�rOM * lad . 8 i �r►4' - 1•y`+rreonerJ, ealaN► Frye Sp70 ttt�F 4 1y79 a I97t1 V. Paul A.Bergenholtz,Assistant Secretary John P.Hyland,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19'"day of September, 2000, before me personally came John P. Hyland,to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford,State of Connecticut;that he is the Assistant Vice President of the Companies, .. the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. max.tr+ �•�� . hoc . Jean H.Wozniak CERTIFICATE Notary Public My Commission Expires June 30,2004 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 15, 2007 Signed and sealed at the City of Hartford. tray, �� v� .�°4'•• ..+�tra � t eoiy �•�as�ayq�` �1 ''i,� �" � Alf► ,�, , s�:`orre,n`r%: � rsaiA+y► 'irt�t :I� taT9 { 4. I979 e `�na•;:.!gt9� i��ww,N rA•,�.� s my'�ttr�ty�N,I"= hon.', �.'.,R,.. 11 ra Colleen Mastroianni,Assistant Vic@ Piesident TUCKER AGENCY, LTD, Bonds and Insurance 2005 White Settlement Road Fort Worth, Texas 76107 (817) 336-8520 j 1`14114 . . .T F 0 � , Claims Inquiries Notice A Hartford Fire Insurance Company Twin City Insurance Company �. Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters insurance Company Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888-266-3488 Fax—Claims 860-757-5835 or 860-547-8265 E-mail bond.claims@tht,-hartford.com Mailing Address The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 s Claims Inquiries Notice 2003 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/16/2007 PRODUCER (817)336-8520 FAX (817)336-6501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tucker Agency, Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Ft. Worth TX 76113 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:American Guarantee & Thos S Byrne Ltd INSURER B:American Zurich Ins Co 900 Summit Ave INSURER c:Westchester Fire INSURER D:America First Ins Co Ft Worth TX 76102 INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM PRGE EMISES (E.occur ence) $ 300,000 r.a A CLAIMS MADE Ex_]OCCUR CPO 3994415 03 10/1/2006 10/l/2007 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 - POLICY X JECTPRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 B ALL OWNED AUTOS TAP 3994416 03 10/1/2006 10/l/2007 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY X $NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 25,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 25,000,000 C DEDUCTIBLE G220094480002 10/1/2006 10/l/2007 $ X RETENTION $10,000 $ $ WORKERS COMPENSATION AND X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERiMEMBEREXCLUDED? WC 3994414 03 10 l/2006 10/l/2007/ / E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Builders Risk Policy Binder 08/16/2007 08/16/2008 Limit $22,965,032 Deductible $5,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: FWCC Houston Street Convention Center Parking Garage Additional insured in favor of The City of Fort Worth applies to all policies except workers compensation if required y written contract. Waiver of subrogation in favor of The City of Fort Worth applies to all policies if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE TCity of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1000 Throckmorton Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Fort Worth, TX 7 6102 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE T INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tracy Tucker/JUDY ,OCORD 25(2001/08) f ©ACORD CORPORATION 1988 INS025 pim).D6 AMS VMP Mortaaae Solutions Inc re00s97-nser F# CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project FWCC HOUSTON STREET CONVENTION CENTER PARKING GARAGE (DOWNTOWN PARKING GARAGE) and City of Fort Worth Project No. P259-301070013680 CONTRACTOR: Thos. S. B e Ltd. By: Name: John vita Jr. Title: Presi nt/CEO Date: August 16, 2007 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of R�e%c�ep� ICE d `ems. S ,erne, UA for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this�_day of S�- , 20 01 ���G��1MGUrl CIAUFiA DENMAN Notary Public in and for the State of '�' �Pubft SM Of Tom Texas My Comm.Gip.o nzi o Attachment 1 F(IMP Breakdown ow sw aw ow 1 G CONSTRUCTION MANAGER AT RISK CONTRACT � CONVENTION CENER PARKING GARAGE JUNE 2007 pp Page 4of46 .��N�Jsu°'�W�LS YISGY� �!1 THOS. S. BYRNE, LTD. GENERAL CONTRACTORS F_•Yl.yv. Q..:..•A:t•in .. Ae.ao May 31,2007 Mr. Glenn F. Balog Facilities Manager Transportation and Public Works Department City of Fort Worth 311 West I0`h Street Fort Worth, Texas 76102 Re: Convention Center Parking Garage Dear Glenn, Thank you for your email of this afternoon. We accept your proposal of the addition of$400,000 to Byrne's current Guaranteed Maximum Price for a total contract award of$22,965,032 and a shared Savings Clause of 50/50. You did not mention in your email,but we mist also have the uncontested use of the contingency to cover both our staff idle time and to mitigate subcontractor price increases. We will use the notification requirements contained in the contract to substitute either subcontractors or vendors with the proper notification to the City. We recognize and acknowledge that we caimot reduce the MWBE requirements for the project. As you know Byrne is committed to our local firms and to the MWBE community. We will adhere to the provisions of the Texas Local Government Codes, Sections 271.118 and 271.025 that govern the public advertising and bidding for elements of work over$25,000. If the contingency proviso is acceptable, then we have a deal. 4W Sincerely, ohn Avi a�� President& CEO cc: Mayor Mike Moncrief, City of Fort Worth Joe Paniagua,Assistant City Manager Councilwoman Wendy Davis, City of Fort Worth Keith Muskrat, SVP&COO, Thos. S. Byrne Bill Scott, VP,Thos. S. Byrne Jason Moore, Project Manager, Thos. S. Byrne w .. 900 SUMMIT AVENUE FORT WORTH, TEXAS 76102 817/335-3394 METRO 817/429-0452 FAX 817/877-5507 www.tsbyrne.com EIGHT DECADES Of EXCELLENCE 900 SUMMIT AVENUE THOS.S.BYRNE,LTrI. FORT WORTH,81EXAS5-3394 GENERAL CONTRACTORS METRO 817/429-0452 Far Wa,x A..-Su,Axmxia FAX 817/8775507 GMP PRICING SUMMARY Fort Worth Convention Center Parking Garage Fort Worth,Texas Date: 6/19/2007 392,000 CONTRACT BP# Bid Package D- 6-27-OT Cost/SF iGeneral Conditions $775,630 $1.9 :Cost of Work $1 217 44 $3.0 BP-01500 :Traffic Control $27 000 $0.1 BP-02100 :Excavation Support System $52,000 $0.1 BP-02200 :As halt Patching $24,531 $0.0 BP-02300 :Earthwork $303,919 $0.7 BP-02580 :Pavement Markings $12,812 $0. ear♦ BP-02821 :Chain-link Fencing $133,170 $0.3 BP-02900 landscaping $52,957 $0.11 BP-03000 :Site&Foundation Concrete $1,334,726 $2.5 :Structural Concrete $7 400 000 $18.8 ar• BP-03450 :Precast Concrete $2 450 850 $6.2 BP-04800 I,Masonry $479,810 $1.151 BP-05100 :Structural&Miscellaneous Steel $1,830,0501$4 BP-07100 :Water roofin $165,263BP-07500 :Roofin $78,600BP-08100 :Doors,Frames&Hardware $34,390BP-08300 :Overhead Doors $40,5001BP-08800 :Glass&Glazin $1,820,562BP-09200 :Plaster $19,890BP-09250 :D all $45,3581BP-09300 :Tile $9,8000BP-09900 :Painting $145,0103BP-10200 :Louvers&Grilles former) ornamental metals $421,5001BP-10400 :Si nape $28,5661BP-10800 :S cialties $10,220BP-11150 :Parkin E uipment $261,2186BP-11160 :Dock Equipment $5,46401 BP-14210 :Elevators $666,785 $1.8 BP-15000 :Mechanical includes site utilities $749,300 $1.8 BP-13900 :Fire Protection $102,811 $0.2 BP-16000 :Electrical $744,266 $1.7 r Accepted Alternates_ 2 :Delete wash-down waters stem $21,800 $0.05 4 :Add electrical service to artwork on west side $8,009 $0.0 - 5 :Add electrical service for lighing at marquee $9,897 $0.0 6 :Add conduit and box for sounds stem $3,122 $0.01 7 :Re lace tinted glazing with colored glazing $220,065 $0. 8 :Re lace translucent canopy with colored glass canopy $23,460 $0.0 9 :Add decorative lighting to elevator cabs $22,437 $0. 10 :Add decorative lighting to marquee $14,846 $0.0 11 :Add decorative lighting to southwest corner $21,033 $0.0 VE 4 :Delete silane sealer on precast $45,400 $0.12 VE 9 ::Eliminate grinding of welds at exposed steel $2,600 $0.01 VE 10 :Reber couplers at every other level $106,542) $0.27 VE 13 Penetrating sealer at roof slab only $66,650 ($0.17 Owner Allowances :Owner Contingency Allowance By Owner :Si na a Allowance $50,000 $0.1 :Irrigation Allowance $35,000 $0.0 :Allowance for Final Construction Document revisions 0 !Printing for Final Construction Documents $20,000 Subtotal $21,629,285 $54.2 Impact Fee&Building Permit Excluded CGL&Umbrella Insurance 0.80% $173,034 $0.4 Builders Risk0.25% $54,506 $0.1 Payment&Performance Bond 1.00% $218,568 $0.5 Fe 3.00% $662 262 $1.6 Subtotal $22,737,655 $56.9 Construction Manager Contingency1.00% $227,377 $0.5 Total $22,965,032 $57.5 EIGHT DECADES OF EXCELLENCE ny 900 SUMMIT AVENUE FORT WORTH, THOS. S. BYRNE, LTD. 81�35-3394 GENERAL CONTRACTORS METRO 817/429-0452 FORT WORTH-DALUB-AU97Ix-SAN Axroxa � FAX 817/877-5507 ALLOWANCES Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 3/6/2007 Allowances specified in Contract Documents 1 Irrigation System Allowance $35,000 2 Garage Identification Panel Sign $50,000 Convention Center Parking Garage-Fort Worth,TX Contract Documents List THOS.S.BYRNE,LTD. Fort Worth Convention Center Parking Garage TSB PROJECT NO. 1370 CONTRACT DOCUMENTS Sheet No.of I Original Sheet Name Revisions Notes Pages Date 1 1 2 3 4 SPECIFICATIONS Volume 1 00003 5 10/06/06 TABLE OF CONTENTS 1/22107 1/24/07 01100 3 10/06/06 SUMMARY 01210 3 10106/06 ALLOWANCES _ 01230 3 10/06/06 ALTERNATES 1/22/07 01250 3 10/06/06 CONTRACT MODIFICATION PROCEDURES 01270 2 10/06/06 UNIT PRICES 01290 6 10/06/06 PAYMENT PROCEDURES 01310 7 10/06/06 PROJECT MANAGEMENT AND COORDINATION 01320 6 10/06/06 CONSTRUCTION PROGRESS DOCUMENTATION 01322 3 10/06/06 PHOTOGRAPHIC DOCUMENTATION 01330 11 10/06/06 SUBMITTAL PROCEDURES 01400 8 10/06/06 QUALITY REQUIREMENTS 01420 5 10/06/06 REFERENCES 01500 8 10/06/06 TEMPORARY FACILITIES AND CONTROLS ! 01600 7 10/06/06 PRODUCT REQUIREMENTS 01700 8 10/06106 EXECUTION REQUIREMENTS 01731 5 10/06/06 CUTTING AND PATCHING 01770 5 10/06/06 CLOSEOUT PROCEDURES 01781 4 10/06/06 PROJECT RECORD DOCUMENTS ! 01782 7 10/06/06 OPERATION AND MAINTENANCE DATA 02220 7 10/06106 EXCAVATION AND FILL 02230 3 10/06/06 SITE CLEARING 02466 9 10/06/06 DRILLED PIERS 02810 12 01/22/07 IRRIGATION SYSTEMS ! 02821 5 10/06/06 CHAIN LINK FENCING FABRIC 02930 9 01/22/07 EXTERIOR PLANTS 03250 12 10/06/06 POST TENSIONING 03310 26 10/06/06 CONCRETE WORK 03450 17 10/06/06 ARCHITECTURAL PRECAST CONCRETE ! 04810 13 10/06/06 IUNIT MASONRY ASSEMBLIES 04851 6 10/06/06 EXTERIOR STONE CLADDING 05120 9 10/06/06 STRUCTURAL STEEL 05310 5 10/06/06 STEEL DECK 05500 8 10/06/06 METAL FABRICATIONS 05521 7 10/06106 PIPE AND TUBE RAILING 05810 5 10/06106 EXPANSION JOINT ASSEMBLIES 06105 5 1 10106106 MISCELLANEOUS CARPENTRY 07100 4 10/06/06 WATERPROOFING 07186 5 10/06/06 HEAVY DUTY VEHICULAR TRAFFIC COATINGS 1/22/07 07210 3 10/06/06 BUILDING INSULATION ! 07412 11 03/19/07 METAL WALL PANELS Added Specs not in ADD 1&2 07420 8 10f06106 NATURAL STONE REINFORCED PANELS 07531 10 10/06/06 EPDM SINGLE-PLY MEMBRANE ROOFING 07620 4 10/06/06 SHEET METAL FLASHING AND TRIM 07710 4 10106/06 MANUFACTURED ROOF SPECIALTIES ! 07841 8 10106/06 THROUGH PENETRATION FIRESTOP SYSTEMS 07920 8 10/06/06 JOINT SEALANTS 08111 5 10/06106 STANDARD STEEL DOORS AND FRAMES 08311 3 03119/07 ACCESS DOORS&FRAMES Added Specs not in ADD 1&2 08331 7 10106/06 OVERHEAD COILING DOORS 08334 6 10106/06 OVERHEAD COILING GRILLES 08460 8 10106/06 AUTOMATIC ENTRANCE DOORS 08710 10 10106/06 FINISH HARDWARE 08800 14 10/06/06 GLAZING 08912 11 10106/06 STRUCTURAL SEALANT GLAZED CURTAIN WALL ! 08950 5 10106/06 TRANSLUCENT WALL AND ROOF ASSEMBLIES Taken out of Specs on 3.19.07 09220 7 10/06106 PORTLAND CEMENT PLASTER 09252 3 10@6)06 GYPSUM SHEATHING 09255 11 10/06/06 GYPSUM BOARD ASSEMBLIES 09312 8 10106/06 QUARRY TILE: - 09511 6 10/06/06 ACOUSTICAL PANEL CEILINGS 09900 10 10106/06 PAINTING 10200 8 10106/06 LOUVERS AND VENTS 10240 4 1OY06/06 ARCHITECTURAL SCREENS 10425 8 10/06/06 GARAGE PANEL SIGNAGE 10522 4 10/06/06 FIRE EXTINGUISHERS,CABINETS,AND ACCESSORIES 10800 4 10/06/06 TOILET AND BATH ACCESSORIES 11150 14 10/06/06 PARKING CONTROL EQUIPMENT 11161 7 10/06106 LOADING DOCK EQUIPMENT 13129 7 10/06/06 PREFABRICATED CONTROL BOOTHS 13915 27 10/06/06 FIRE-SUPPRESSION PIPING ! 14210 13 10/16/06 ELECTRIC TRACTION ELEVATORS Volume 2 00003 1 5 1 10/06/06 15050 1 10 1 10/06/06 IBASIC MECHANICAL MATERIALS AND METHODS Convention Center Parking Garage-Fort Worth,TX ri Contract Documents List THOS.S.BYRNE,LTD. Fort Worth Convention Center Parking Garage IM CONTRACT DOCUMENTS TSB PROJECT NO. 1376 Sheet No.of Original Sheet Name Revisions Notes Pages Date 1 2 3 4 15055 8 10106/06 MOTORS 15060 10 10/06/06 HANGERS AND SUPPORTS 15075 7 10/06/06 MECHANICAL SYSTEMS IDENTIFICATION 15081 11 03/19/07 DUCT INSULATION Added Specs not in ADD 1&2 15082 12 03/19/07 HVAC INSULATION Added Specs not in ADD 1&2 15083 12 10/06/06 IPIPING INSULATION •� 15110 14 10/06/06 IVALVES 15121 5 10/06/06 PIPE EXPANSION FITTINGS AND LOOPS 15126 6 10/06/06 METERS AND GAGES FOR PLUMBING PIPING 15127 9 10/06/06 METER AND GAGES FOR HVAC PIPING 15140 11 10/06/06 DOMESTIC WATER PIPING 15160 12 10106/06 SANITARY AND STORM DRAIN PIPING 15181 21 10/06/06 HYDRONIC PIPING 15183 9 01124/07 REFRIGERANT PIPING 15185 5 01/24/07 HYDRONIC PUMPS 15194 10 10/06/06 FUEL GAS PIPING _ 15430 10 10/06/06 PLUMBING SPECIALTIES 1i22/07 15446 5 10106/06 SUMP PUMPS 15515 9 10/06/06 WATER TUBE BOILERS 15550 6 10/06/06 BREECHINGS,CHIMNEYS,AND STACKS 15600 7 01/24/07 VARIABLE FREQUENCY DRIVES 15626 9 10/06/06 ROTARY SCREW WATER CHILLERS 15738 5 03/19/07 SPLIT SYSTEM AIR-CONDITIONING UNITS Added Specs not in ADD 1&2 15762 3 01/24/07 UNIT HEATERS 15779 4 10/06/06 HEAT TRACING FOR PIPING 15784 3 10/06/06 PACKAGED TERMINAL AIR-CONDITIONING UNITS 15815 7 10/06/06 DUCTWORK 15820 4 10/06/06 DUCT ACCESSORIES 15838 6 10/06/06 POWER VENTILATORS 15900 21 10/06/06 HVAC INSTRUMENTATION AND CONTROLS 15940 4 10/06/06 SEQUENCE OF OPERATION 15950 18 10/06/06 TESTING,ADJUSTING,AND BALANCING ri 16051 4 10106/06 COMMON WORK RESULTS FOR ELECTRICAL 16052 3 10/06/06 COMMON WORK RESULTS FOR COMMUNICATIONS 16055 6 10/06/06 OVERCURRENT PROTECTIVE DEVICE COORDINATION 16060 6 10/06/06 GROUNDING AND BONDING 16075 4 1 10106/06 ELECTRICAL IDENTIFICATION 16120 5 10/06/06 CONDUCTORS AND CABLES 16130 5 10/06/06 RACEWAYS AND BOXES 16140 5 10106/06 WIRING DEVICES 16145 6 10/06/06 LIGHTING CONTROL DEVICES 16211 3 10/06/06 ELECTRICITY METERING _ 16231 11 10/06/06 PACKAGED ENGINE GENERATOR 1122/07 1/24/07 16289 3 10/06/06 TRANSIENT VOLTAGE SUPPRESSION 16410 9 10/06/06 ENCLOSED SWITCHES AND CIRCUIT BREAKERS 16415 5 10/06/06 TRANSFER SWITCHES 16442 11 10/06/06 PANELBOARDS 16511 6 10/06/06 INTERIOR LIGHTING 10 16521 8 10/06/06 EXTERIOR LIGHTING 16721 16 03119/07 FIRE ALARM JAdded Specs not in ADD 1&2 APPENDIX A N 40 10/06/06 GEOTECHNICAL REPORT DRAWINGS G001 1 10/06/06 COVERSHEET 1/22/07 3/19/07 C100 1 10/06/06 FINAL PLAT 3/19/07 C101 1 10106/06 SURVEY DRAWING 3119107 C102 1 10/06/06 SITE DEMOLITION PLAN 3/19/07 C103 1 10106/06 SITE UTILITY PLAN 3/19/07 C104 1 10/06/06 SITE GRADING PLAN 3/19/07 C105 1 10/06/06 PAVING ADJUSTMENTS 3/19/07 C106 1 10/06/06 DETAILS 3119/07 C107 1 10/06/06 TRAFFIC CONTROL PLAN 3/19/07 A001 1 10/06/06 GENERAL.INFORMATION AND CODE ANALYSIS 3/19/07 so A201 1 10106/06 LEVEL 1 FLOOR PLAN 12119/06 1122107 2/28107 3119/07 A202 1 10/06/06 LEVEL 2 FLOOR PLAN 1/22/07 2128/07 3/19/07 A203 1 10/06/06 LEVEL 3 FLOOR PLAN 1122/07 2/28/07 3/19/07 A204 1 10/06/06 LEVELS 4-10 FLOOR PLAN 1/15/07 2/28107 3/19/07 A205 1 10/06/06 LEVEL 11 FLOOR PLAN 1/22/07 2/28/07 3/19/07 A206 1 10/06/06 ROOF PLAN 3/19/07 A211 1 10/06/06 LEVEL 1 SIGNAGE PLAN 3119/07 A212 1 10/06/06 LEVEL 2 SIGNAGE PLAN 3/19/07 A213 1 10106/06 LEVEL 3 SIGNAGE PLAN 3119107 A214 1 10/06/06 LEVEL 4-10 SIGNAGE PLAN 3/19/07 A215 1 10/06/06 LEVEL 11 SIGNAGE PLAN 3/19/07 A301 1 10/06/06 EAST ELEVATION 1/22/07 2/28/07 3/19/07 A302 1 10/06/06 NORTH ELEVATION 1/24/07 2/28/07 3/19/07 A303 1 10/06/06 WEST ELEVATION 1/22/07 1/24/07 2/28/07 3/19/07 A304 1 10/06/06 SOUTH ELEVATION 2/28/07 3/19/07 A305 1 10/06/06 ENLARGED ELEVATIONS 2/28/07 3/19/07 �d Convention Center Parking Garage-Fort Worth,TX Contract Documents List THOS.S.BYRNE,LTD. Fort Worth Convention Center Parking Garage u TSB PROJECT NO. 1370 CONTRACT DOCUMENTS Sheet No.of Original Sheet Name Revisions Notes Pages Date 1 2 1 3 4 A306 1 10106/06 ENLARGED ELEVATIONS 2128/07 3/19/07 r A307 1 10/06/06 ENLARGED ELEVATIONS 2/28107 3119/07 A308 1 10/06/06 ENLARGED PRECAST PANEL ELEVATIONS 2/28107 3/19/07 A311 1 10/06/06 BUILDING SECTIONS 12/19/06 3/19/07 A401 1 10/06/06 ENLARGED WALL SECTIONS 12/19/06 3/19/07 A402 1 10/06/06 1 ENLARGED WALL SECTIONS 3119/07 r A403 1 10/06106 JENLARGED WALL SECTIONS 12/19/06 2/28/07 3/19/07 A404 1 10/06/06 ENLARGED WALL SECTIONS 12/19/06 2/28/07 3/19/07 A405 1 10106/06 ENLARGED WALL SECTIONS 3119107 A406 1 10/06/06 ENLARGED WALL SECTIONS 12/19/06 1/22/07 3/19/07 A407 1 10/06/06 ENLARGED WALL SECTIONS 12/19/06 1/22/07 3/19/07 A411 1 10/06/06 DETAILS 1/22/07 2/28/07 3/19/07 A421 1 10/06/06 DETAILS 3/19/07 A431 1 10/06/06 WALL DETAILS 12/19/06 3/19/07 A432 1 10/06/06 DETAILS 3/19/07 A433 1 10/06/06 DETAILS-EAST WALL 1/22/07 2/28/07 3/19/07 A501 1 10/06/06 REFLECTED CEILING PLANS AND DETAILS 3119107 A601 1 10/06/06 ENLARGED ELEVATOR/STAIR PLANS 1/22/07 3/19/07 A602 1 10/06/06 ENLARGED ELEVATOR/STAIR PLANS 12/19/06 1/22/07 2/28/07 3/19/07 A603 1 10/06/06 ENLARGED STAIR PLAN 12/19/06 1/22/07 3/19/07 A611 1 10/06/06 STAIR SECTIONS 3/19/07 A612 1 10106/06 STAIR SECTIONS 3/19/07 A621 1 10/06/06 STAIR DETAILS 1/22/07 3/19/07 A701 1 10/06/06 ENLARGED FLOOR PLANS 1/22/07 3119/07 A702 1 10106106 ENLARGED FLOOR PLANS 1/22/07 3/19107 A703 1 10/06/06 ENLARGED FLOOR PLANS 1/22/07 3/19/07 A721 1 10/06/06 INTERIOR ELEVATIONS 3119107 do A722 1 10106/06 INTERIOR ELEVATIONS 1122/07 3/19/07 A801 1 10/06/06 DOOR AND ROOM FINISH SCHEDULES AND ELEVATIONS 12/19/06 1/22/07 2/28/07 3/19/07 A802 1 10/06/06 PARTITIONS AND DETAILS 3/19/07 A803 1 10/06/06 DOOR DETAILS 3/19/07 A804 1 10/06/06 DOOR DETAILS 3/19/07 A811 1 10106106 ENLARGED ELEVATIONS 2128107 3119107 A812 1 10/06/06 ENLARGED ELEVATIONS 2/28107 3/19/07 A813 1 10106/06 ENLARGED ELEVATIONS-CURTAINWALL 2/28/07 3/19/07 A814 1 10/06/06 ENLARGED ELEVATIONS-CURTAIN WALL 2/28/07 3/19/07 A815 1 10106/06 ENLARGED ELEVATIONS-CURTAIN WALL 2/28/07 3/19/07 A816 1 10106/06 ENLARGED ELEVATIONS-CURTAIN WALL 2/28107 3/19/07 A817 1 10/06/06 ENLARGED ELEVATIONS-CURTAIN WALL 2/28/07 3/19/07 S001 1 10/06/06 GENERAL NOTES 12/19/06 3/19/07 S002 1 10/06/06 GENERAL NOTES 12/19/06 3/19/07 S003 1 10106/06 GENERAL NOTES 3/19/07 — S201 1 10106/06 FOUNDATION PLAN 12/19/06 3/19/07 S202 1 10/06/06 STAIRS FOUNDATION 12/19/06 3/19/07 S203 1 10/06/06 SLAB PLANE-LEVEL 1 12/19/06 1/22/07 3/19107 S204 1 10106/06 SLAB AND FRAMING PLAN-LEVEL 2 12/19/06 1122/07 1 3/19/07 S205 1 10/06/06 SLAB AND FRAMING PLAN-LEVELS 3&4 12/19/06 1/22/07 3/19107 S206 1 10106/06 SLAB AND FRAMING PLAN-LEVELS 5-10 12/19/06 1/22/07 3/19/07 w S207 1 10/06/06 SLAB AND FRAMING PLAN-LEVEL 11 12/19/06 1/22/07 3/19/07 S208 1 10/06/06 FRAMING PLANS-EAST STAIR TOWER 12/19/06 1/22/07 3/19/07 S208A 1 10106/06 FRAMING PLANS-EAST STAIR TOWER AND VAULT 12/19/06 1122/07 3/19/07 S209 1 1OY06106 FRAMING PLANS-WEST STAIR TOWER 12/19/06 1/22/07 3/19/07 S210 1 10/06/06 FRAMING PLANS-SOUTHEAST TOWER 12/19/06 3/19/07 S211 1 10/06/06 FRAMING PLANS-EAST ENTRY 12/19/06 3/19/07 S212 1 10106/06 FRAMING PLANS-EAST ENTRY 12/19/06 3/19/07 S213 1 10/06/06 FRAMING PLANS-WEST ENTRY 12/19/06 3/19/07 S301 1 10/06/06 EAST ELEVATION 12/19/06 3/19/07 S302 1 10/06/06 WEST ELEVATION 12/19/06 3/19/07 S401 1 10/06/06 FOUNDATION SCHEDULES 12/19/06 3/19/07 S402 1 10/06/06 COLUMN DETAILS 12/19/06 3/19/07 S402A 1 10/06/06 COLUMN DETAILS 12/19/06 3/19/07 S403 1 10/06/06 POST-TENSION BEAM SCHEDULE 3/19/07 S404 1 10/06/06 POST-TENSION BEAM SCHEDULE 12119/06 3/19/07 S405 1 10/06/06 POST-TENSION GIRDER AND CONCRETE BEAM SCHEDULE 3119/07 S406 1 10/06/06 SLAB REINFORCEMENT SCHEDULE 12/19/06 1/22/07 3/19107 S511 1 10/06/06 TYPICAL FOUNDATION DETAILS 12/19/06 3/19/07 S512 1 10/06/06 FOUNDATION DETAILS 12/19/06 3/.19/07 S513 1 10/06/06 FOUNDATION DETAILS 12/19/06 3/19/07 S521 1 10/06/06 TYPICAL FRAMING DETAILS 3/19/07 S522 1 10/06/06 FRAMING DETAILS 12/19/06 3/19/07 S523 1 10/06/06 FRAMING DETAILS 12/19/06 3/19/07 S524 1 10/06/06 FRAMING DETAILS 12/19106 3119107 S531 1 10/06/06 STEEL DETAILS 12/19/06 3/19/07 - S532 1 10/06/06 STEEL DETAILS 12/19/06 3/19/07 S533 1 10106/06 STEEL DETAILS 12/19/06 3/19/07 MP200 1 10/06/06 UNDERGROUND MECHANICAUPLUMBING PLAN 1/22/07 3/19107 MP201 1 10/06/06 LEVEL 1 MECHANICAL/PLUMBING PLAN 1/22/07 3/19107 MP202 1 10/06/06 LEVEL 2 MECHANICAUPLUMBING PLAN 1/22/07 3/19/07 MP203 1 10/06/06 ILEVELS 3-8 MECHANICAUPLUMBING PLAN 1/22/07 3119/07 Convention Center Parking Garage-Fort Worth,TX Contract Documents List THOS.S.BYRNE,LTD. Fort Worth Convention Center Parking Garage TSB PROJECT NO. 1370 CONTRACT DOCUMENTS Sheet No.of Original Sheet Name Revisions Notes Pages Date 1 2 1 3 4 MP204 1 10/06/06 LEVEL 4 MECHANICAUPLUMBING PLAN 1/22/07 3119/07 .� MP205 1 10/06/06 LEVEL 5-9 MECHANICAUPLUMBING PLAN 1/22/07 3/19/07 MP206 1 10/06/06 LEVEL 10 MECHANICAUPLUMBING PLAN 1/22/07 3/19/07 MP207 1 10/06/06 ROOF PLAN MECHANICAUPLUMBING PLAN 1/22/07 1/24/07 3/19/07 MP300 1 10/06/06 MECHANICAL SCHEDULES 1/24/07 3/19/07 MP301. 1 10/06/06 ISCHEDULES 1/22/07 3/19107 MP302 1 10/06/06 RISERS AND DETAILS 3/19/07 MP303 1 10106/06 RISERS AND DETAILS 11221071 3119107 E200 1 10/06/06 ELECTRICAL SYMBOLS 1/22107 3/19/07 E201 1 10/06/06 LEVEL 1 ELECTRICAL LIGHTING PLAN 3/19/07 E202 1 10/06/06 LEVEL 2 ELECTRICAL LIGHTING PLAN 3/19/07 E203 1 10/06/06 LEVELS 3-8 ELECTRICAL LIGHTING PLAN 3/19/07 E204 1 10106/06 LEVELS 9-10 ELECTRICAL LIGHTING PLAN 3119107 E205 1 10/06/06 ROOF PLAN ELECTRICAL LIGHTING PLAN 3/19107 E301 1 10/06/06 LEVEL 1 ELECTRICAL POWER&SYSTEMS PLAN 12/19/06 1/22/07 3/19107 E302 1 10/06/06 LEVEL 2 ELECTRICAL POWER&SYSTEMS PLAN 3/19/07 _ E303 1 10/06/06 LEVELS 3-8 ELECTRICAL POWER&SYSTEMS PLAN 3/19/07 E304 1 10/06/06 LEVELS 9-10 ELECTRICAL POWER&SYSTEMS PLAN 3/19/07 E305 1 10/06/06 ROOF PLAN ELECTRICAL POWER&SYSTEMS PLAN 1/22/07 1/24/07 3/19/07 E400 1 10/06/06 ELECTRICAL ENLARGED LIGHTING PLANS 3/19/07 E401 1 10/06/06 ELECTRICAL ENLARGED POWER PLANS 12/19/06 1/22/07 1/24107 3/19/07 E500 1 10/06/06 ELECTRICAL RISER DIAGRAM 1/22/07 1/24/07 3/19/07 E501 1 10/06/06 ELECTRICAL RISER DIAGRAM 3/19/07 E502 1 10/06/06 FIRE ALARM RISER DIAGRAM 3/19/07 E600 1 10/06/06 ELECTRICAL SCHEDULES 1/22/07 1124/07 3/19/07 E601 1 10/06/06 ELECTRICAL SCHEDULES 3/19/07 E700 1 10/06/06 ELECTRICAL DETAALS 3/19/07 ADDENDA 1 1 14 1 01122/07 JADDENDUM NO.1 2 1 5 1 01/24/07 JADDENDUM NO.2 EIGHT DECADES OF EXCELLENCE BYMN 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOs. S. BYRNE, LTq. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FOXI Wm"•DAL'LAS•AOSTN•SAN AMTON O FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 General Conditions_ 1 Pricing is based on drawings and specifications dated March 19, 2007 as issued by Jacobs 2 Independent laboratory testing will be provided by the Owner. Retesting for failed tests is included in this pricing. 3 Hazardous material abatement is excluded 4 Sales tax is excluded 5 Building permit fees are excluded 6 Tap and impact fees are excluded 7 Street and sidewalk rental fees are excluded 8 Tenant improvement work is excluded 9 General conditions pricing is based on 3.95% of the cost of subcontracted work(prior to insurance,fees, bond and contingency) 10 Pricing includes a 1% Construction Manager Contingency. Owner Contingency is excluded. Cost of Work Items 1 Cost of work pricing is based on 6.2% of the cost of subcontracted work(prior to insurance, fees, bond and contingency) 2 Construction fencing is included as chain-link fence panels with windscreen material 3 Pricing includes field engineering, construction fencing, barricades, small tools, drinking water,temporary toilets, dumpsters, clean-up, final cleaning, construction utilities and tower crane BP-01500 Traffic Control 1 Traffic signage, barriers and barricades 2 Traffic control is included to meet code and our building erection requirements and will not match the traffic control plan indicated on sheet C107. BP-02100 Excavation Support System 1 Retention system included as shotcrete system for the underground electrical vault. 2 No retention system included for site perimeter BP-02200 Asphalt Patching 1 Pricing includes sawcutting and demolition of existing asphalt street paving as indicated on sheet C105. 2 New concrete valleys at east and west ends of 12th street 3 Temporary asphalt curbs at east and west ends of 12th street i 4 Feathering street paving to match new grades w i EIGHT DECADES OF EXCELLENCE BYMN 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FONT WmH-0u s-Aocnx-Sul)w o r FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-02300 Earthwork 1 Sawcutting and demolition of existing parking lot, curbs, sidewalks and site amenities 2 Removal of underground conduits _ 3 Excavate and haul-off existing fill soils and place select fill as indicated 4 Excavation for underground electrical vault 6 Construction entrances BP-02580 Pavement Markings 1 Parking stall striping and diagonal striping in parking garage 2 Directional arrows and handicap logos 3 Handicap parking signage 4 Precast wheel stops 5 Powerwashing of concrete substrates prior to pavement marking application BP-02821 Chain-Link Fencing 1 Vinyl-coated chain-link fencing materials as specified: .. 2 Mechanical equipment enclosure on level 2 3 Mechanical equipment enclosure on level 11 4 Fencing behind louvers at east elevation dft 5 Fencing at cable-barrier system as indicated BP-02900 Landscaping 1 6"caliper trees as indicated 2 Tree grates 3 Planting soils and materials 4 No irrigation system. Irrigation is included as an allowance BP-03000 Concrete 1 Underground electrical vault. Traffic rated lid (frame&cover to be supplied by TXU and installed by Thos. S. Byrne, Ltd. 2 Drilled piers, grade beams, pier caps, elevator pits and slab on grade 3 Ramp walls and slab 4 Columns, elevator shear walls, elevated decks, perimeter curbs and islands 5 Pricing includes: structural excavation and backfill,vapor barrier under slab on grade, reinforcing steel, post-tensioning, placing and finishing of concrete. 6 Pricing is based on using HDO plyform in lieu of BB plyform as specified. Fins will be removed where exposed to view. 7 Grout-cleaned finish is excluded 8 Drilled piers are priced"dry". Steel casing is excluded. 9 Mechanical rebar couplers have been included at every other level per VE alternate 10 10 Barrier cable system at building perimeter is included as indicated in the contract documents. However, the current design will not work according to our post-tension subcontractor. Additional discussions will be required to address this concern. EIGHT DECADES OF EXCELLENCE BYWm 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOs. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FONT WONTN-DALLAS-AuenN-SAN A.v'"U.v r* FAX 8171877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-03450 Precast Concrete 1 Pricing includes precast concrete building skin as designed 2 Thin brick finish is included 3 Pricing includes material, delivery and installation 4 Silane sealer has been deleted per accepted VE alternate 4. BP-04800 Masonry 1 CMU walls as indicated 2 Limestone veneer at building base is included as Cream Limestone with a honed finish provided by'Texastone Quarries in lieu of American Limestone. 3 Natural stone reinforced panels at east elevation are included as 2'8"high x 54"long panels as indicated in section A2/A403 in lieu of 5'4"x5'4"panels indicated in the east elevation 4 Natural stone reinforced panels are priced as"Impala Black"granite finish. 5 Perlite fill in CMU wall at parking office 6 Includes rebar material and installation for CMU wall reinforcing BP-05100 Structural & Miscellaneous Steel 1 Elevator tower structural steel 2 Steel structure for east fagade architectural feature 3 Steel structure for southeast corner marquee 4 Steel guardrails and wall rails at concrete stairs 5 Steel guardrails at dock area 6 Elevator pit Ladders 7 Steel bollards 8 Steel structure for bang bar at garage entry 9 WT and angles for cable-barrier system 10 Pipe guards for protection of drainage piping 11 Steel ships ladder at elevator machine room 12 Plates and angles for CMU wall bracing 13 Elevator hoist beams, guide rails and sill angles 14 Steel framing for canopies 15 All exposed steel is hot-dip galvanized as specified 16 Touch-up of welds is included 17 AISC certification for steel erector is excluded 18 Grinding of welds has been excluded per VE alternate 9 ja a� 1tN.o?���� ti" EIGHT DECADES OF EXCELLENCE BY ® 900 SUMMIT AVENUE THOS. S. BYRNE, FORT WORTH,TEXAS 76102 LTD. GENERAL CONTRACTORS 817/ Foai WwTm•DALUS•Aucne•SAx ANT CM,C METRO 817/429-29-0452 452 FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-07100 Waterproofing 1 Waterproofing at underground electrical vault and elevator pits 2 Traffic coating at entry ramp and parking level above occupied spaces 3 Expansion joint materials 4 Compressible filler at masonry construction 5 Fire sealants at perimeter of Levels 1.5&2 6 Fire sealants at rated CMU walls 7 Slab sealants 8 Sidewalk to building and sidewalk to curb sealants 9 Sealants at precast concrete panel joints 10 Sealant between precast concrete and structure 11 Sealants at stone, plaster and natural stone panels BP-07500 Roofing 1 EPDM roofing as specified 2 Manufactured copings s 3 Sheet metal (lashings and trim 4 Plywood decking at marquee and east facade element roof areas 5 Metal wall panels behind east facade stone panels as indicated 6 Conductor heads and downspouts 7 Roof-related wood blocking BP-08100 Doors, Frames and Hardware 1 Hollow metal doors and frames 2 Hollow metal window frame at parking office J 3 Fire-rated access panel 4 Hardware for hollow metal doors 5 Door and hardware installation BP-08300 Overhead Doors and Grilles 1 Motor operated overhead doors and grilles per door schedule 2 Vehicle detector loops as specified 3 Overhead door and grille hardware 4 Installation and adjustment of door and grille operation EIGHT DECADES OF EXCELLENCE BYMN 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOs. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FOR.WORTH-0—a-kam-Sin A,T.,. � FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-08800 Glass& Glazing 1 Furnish and install aluminum doors and hardware as specified (cylinders are by Owner) 2 Aluminum curtainwall system at exterior of Level 1 3 Pricing includes colored, laminated glass in lieu of tinted, laminated glass per accepted alternate No. 7 4 Includes colored, laminated glass canopy in lieu of translucent panel canopy per accepted Alternate No. 8 5 All colored, larinated glazing is included as 3/8"nominal thickness(including the glass canopy. 1/4"thickness as specified is too thin to fabricate. 6 Curtainwall system at elevator tower 7 Curtainwall system at southeast marquee 8 Curtainwall systems at northwest and southwest building corners 9 Curtainwall system between marquee and garage structure _ 10 Glazing for hollow metal window frame at parking office 11 Fire-safing and break metal between curtainwall and structure as indicated 12 Auto entry door at elevator tower 13 Section 08912 specifies a 10-year warranty for the curtainwall system. However,the curtainwall manufacturer will only warrant this system for a period of five years. This pricing includes a five-year warranty and specifically excludes the 10-year warranty. = BP-09200 Plaster 1 Plaster finish at parking office wall 2 Plaster soffits as indicated 3 Plaster finish coat is not colored and will be field painted as indicated BP-09250 Drywall 1 Drywall partition between retail space and east fagade element 2 Corridor partitions 3 Parking office, restroom and chase walls 4 Drywall ceiling at elevator equipment room 5 ACT ceilings at parking office and restroom 6 In-wall wood blocking 7 Sound/thermal wall insulation 8 Installation of hollow metal frames in drywall partitions 9 Sealants and fire-safing in drywall assemblies EIGHT DECADES OF EXCELLENCE 3 ENR 900 SUMMIT AVENUE i FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FORT WORTH•Duua•Auene•SAN A17QN:G FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-09300 Tile _ 1 Quarry tile floor/base at Level 1 elevator lobby, parking office and restroom 2 Quarry tile flooring at elevator cabs 3 Grout sealer 4 Kraft-paper floor protection BP-09900 Painting 1 Fire tape retail partitions 2 Tape, bed,texture and paint parking office walls and elevator machine room ceiling 3 Paint hollow metal doors and frames 4 Concrete floor sealer in specified rooms 5 Penetrating concrete sealer at parking level 11 only. Sealer at levels 3-10 has been deleted per VE alternate 13 6 Paint plaster walls and soffits 7 Paint louver type 2 8 Paint bang bar structure .. 9 Paint overhead doors 10 Paint stair guardrails and wall rails 11 Paint access doors 12 Paint pipe guards 13 Paint steel bollards 14 Painting of steel structures at elevator tower, east fagade element and southeast marquee is _ excluded 15 Paint elevator shaft walls BP-10200 Louvers and Grilles 1 Grille type 1 at punched openings 2 Bent plates for attachment of grilles in punched openings 3 Grille type 1 at west elevation above precast element 4 Grille type 2 at east fagade element 5 Type 1 and Type 2 louvers as shown 6 Installation of louvers and grilles BP-10400 Signage 1 Furnish and install sign types 1 through 7 as specified. Sign type 8 (H/C signs)will be furnished and installed by BP-02580 Pavement Markings 2 Allowance for exterior signage is not included in this bid package. See Allowance pricing EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS. S. BYRNE, L'I'D. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Fom WMTN-DALIAS-AusnN-SIN AuTo z FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-10800 Specialties 1 Knox boxes 2 Fire extinguishers and fire extinguisher cabinets 3 Fire extinguishers and brackets .. 4 Toilet accessories for parking office restroom BP-11150 Parking Equipment 1 Parking equipment and controls, including: 2 Automatic Barrier Gates 3 Ticket Dispensers 4 Proximity Card Readers 5 Proximity Cards(500 ea) 6 Lag Time Ticket readers 7 Fee Computer and validator 8 Remote fee indicator 9 Validation Unit 10 Voice intercom 11 Central Pay Station 12 Cash register and credit card reader 13 Lot Full Sign 14 Central System Computer 15 Revenue MGMT Software 16 Count Monitor Software 17 Access Software 18 Report Generator Software 19 Pre-fabricated parking control booths 20 Low-voltage control wiring 21 Owner training as specified BPA 1160 Loading Dock Equipment 1 Dock leveler 2 Dock bumpers BP-14210 Elevators 1 Three electric traction elevators serving 10 levels each `-' 2 Glass-backed elevator cabs 3 5,000 pound capacity and 350 FPM speed 4 12 month warranty 5 12 month service and maintenance agreement EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Font W—H-D,a As-Ausnn-Sim A- i FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-15000 Mechanical 1 3"domestic water meter and vault 2 New 6"fire line from 5'outside of building 3 Remove existing 5'storm drain inlet and install 18"x18"x15"tee 4 10' storm drain inlet and 18" RCP 5 Grease trap,and oil/water separator and associated piping 6 Sump pumps and piping for dock area and elevators 7 All water, sanitary, drainage, and refrigerant piping 8 -Toilet 9 -Lavatory 10 -Floor Drains 11 -Roof Drains 12 -Boilers �- 13 -Trap Primers 14 -Backflow Preventers 15 -Trench Drains 16 -Chemical Feeder 17 -Expansion Tanks 18 -Exhaust Fans 19 -Unit Heaters 20 -Air Separators 21 -Chillers 22 -Chilled/heated water pumps 23 -Boilers and split systems 24 Gas piping AN 25 Generator exhaust and boiler flues; 26 Ductwork insulation, piping insulation and heat-tracing 27 Temperature controls system 28 Test, adjust and balance mechanical systems 29 Vibration isolation 30 Mechanical identification 31 Electrical instantaneous water heater under lavatory in parking office restroom 32 Heat trace chilled water piping from chiller to mechanical room 33 Fire wrap on grease duct 34 Firestopping for mechanical penetrations through rated assemblies 35 Wash down water system is excluded per Alternate No.2 w EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE THOS. S. BYRNE LTD. FORT WORTH,TEXAS 76102 r 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Foci WmTn-DALW-Auum-SM Aran:;. FAX 817/877-5507 CLARIFICATIONS & QUALIFICATIONS Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 6/26/2007 BP-15300 Fire Protection 1 Manual, dry-pipe standpipes 2 Wet-pipe sprinklers at level 1 conditioned spaces 3 Dry-pipe sprinklers at level 1 un-conditioned spaces 4 Detector check and backflow preventers 5 Wall-mount FDC's at north and west elevations 6 Firestopping of penetrations through rated assemblies 7 Test and flush system 8 No fire protection is included for the parking level above level 1. None indicated. BP-16000 Electrical 1 Equipment disconnects and motor starters not furnished w/equipment 2 Temporary construction power and lighting 3 Conduit and conductors for electrical service from underground electrical vault 4 Route conduit and boxes inside concrete structure as indicated. 5 Concrete fill for primary electrical conduits 6 Electrical identification as specified. 7 Lighting control devices as specified. 8 Electrical metering equipment as specified. 9 Transient voltage suppression as specified. 10 All interior and exterior lighting as specified. 11 Install controls for overhead door operators 12 Conduit and box for data/comm systems 13 Conduit and box for parking equipment/control system 14 Fire stopping, safing and caulking at penetrations 15 Fire alarm system as specified 16 Fuel for generator 17 IT conduit running from the garage to the Convention Center is specifically excluded. 18 Telephone and data cabling is excluded 19 Code blue cabling is excluded 20 Sound system wiring and devices are excluded 21 Security system wiring and devices are excluded 22 Electrical service to artwork on Throckmorton Street is included per Alternate No.4 23 Electrical service for lighting at marquee is included per Alternate No. 5 24 Conduit and box for sound system is included per Alternate No. 6 25 Decorative lighting at elevator cabs is included per Alternate No. 9. This lighting is fluorescent. 26 Decorative lighting at marquee is included per Alternate No. 10. This lighting is neon. 27 Decorative lighting at soutwest corner is included per Alternate No. 11. This lighting is neon BY R- M THoS.S. BYRNE, LTD. GENERAL CONTRACTORS R.ec ta.r..�..,x Iun•-.,.bu.M .c May 22,2007 Mr. Glen F. Balog Facilities Manager Transportation and Public Works Department City of Fort Worth 31 1 West 10°i Street Fort Worth,Texas 76102 Re: Convention Center Parking Garage .,, Change Order No. 1 —Delayed Start in Construction Dear Glen, This letter is to advise you of the current status of the Parking Garage estimate. As you know, the trade packages bid on January 30, 2007. Based upon the bid document requirements, subcontractors and suppliers were bound to their pricing for ninety (90)days. As of today, Byrne has not been given a notice to proceed. In the timeframe between bid day and today, several key subs and suppliers have notified us of cost impacts relating to escalating material costs. In addition, during this timeframe Byrne received and sent out to prospective bidders the Construction Set of documents. Upon issuing this set of drawings to all construction related parties,Byrne asked subcontractors and suppliers confirm the revised drawings do not affect their original quotation. Subsequently,Byrne has received several claims for scope increases based upon these new documents. We have reviewed the claims and in some cases have reduced the impact. In some scopes of work,the subcontractors and/or suppliers have quoted legitimate escalation and/or scope increase claims. We have forwarded these issues to you and the architect to review and would like to meet as soon as practical to review these issues and determine a course of action including mitigating cost increases through additional value engineering,adjustment of the GMP for submission and approval to the City Council or preparation of a draft of what will become Change Order Number One to Byrne's Contract. Attached is a pricing sununary that shows the latest estimate(100% documents) aside the previous estimate(Permit documents) that shows the variances. If you have any questions or comments,please do not hesitate to contact me. Sincerely, Bill Scott Vice President—Construction Manager Cc: Kevin Lacey .. Jeff Giles Jason Moore EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE A FORT WORTH,TEXAS 76102 THUS.S.ByRNE,LTD. 8171335-3394 GENERAL CONTRACTORS METRO 817/429-0452 a, FAX 8171877-5507 GMP PRICING SUMMARY r� Fort Worth Convention Center Parking Garage Fort Worth,Texas Date:51212007 392,000 �- rl :General Conditions S762,121 $788,002 $25,882 $1.94 Cost of Work $1,196,240 S1,236,864 $40,624 $3.05 BP-01500 Traffic Control $50,000 $50,000 S0.13 BP-02100 :Excavation Support System 7S52,000 S67,591 $15,591 So.13 BP-02200 :Asphalt Patching $36,531 $36,531 $0.09 BP-02300 :Earthwork S310,762 $310.762 $0.79 BP-02580 :Pavement Markings $13,898 $13,898 $0.04 BP-02821 :Chain-link Fencing S140,000 $140.000 $0.36 BP-02900 ':Landscaping $45,000 $54,663 S9,663 S0.11 BP-03000 :Site&Foundation Concrete S1,008,512 $1,359,182 S350,670 S2.57 ;Structural Concrete $7.400,000 $7,400,000 $18.88 BP-03450 :Precast Concrete S2,450,850 S2,450,850 $6.25 BP-04800 :Masonry S449,402 S488,007 $38,6051 S1.15 BP-05100 :Structural&Miscellaneous Steel $1,750,000 $1,906,050 $156,050 $4.46 1111� BP-07100 :Waterproofing S165,263 S165,263 $0.42 BP-07500 !Roofing $84,725 S84,725 $0.22 BP-08100 :Doors,Frames&Hardware $34,390 $34,390 $0.09 BP-08300 :Overhead Doors $40,500 $40,500 SOA0 BP-08800 :Glass&Glazing $1,820,562 S1,820,562 $4.64 BP-09200 :Plaster $19,890 $19,890 $0.05 BP-09250 ;Drywall 1 $45,358 $45,3581 $0.12 BP-09300 :Tile $9,250 $9,800 $550 $0.02 BP-09900 :Painting S138,868 $148,303 $9,435 $0.35 BP-10200 :Louvers&Grilles(formerly ornamental metals) S449,100 $449,100 $1.15 on BP-10400 !Signage $37,410 $37,410 $0.10 BP-10800 :Specialties $16,225 $10,225 $0.03 BP-11150 :Parking Equipment S271,513 $271,513 $0.6 BP-11160 :Dock Equipment $5,464 $5,464 SO.01 - BP-14210 :Elevators $716,785 S716,785 S1.83 BP-15000 :Mechanical(includes site utilities) S732,437 $759,900 $27,463 $1.87 BP-13900 :Fire Protection S102,129 $106,811 S4,682 $0.2 BP-16000 :Electrical S677,590 S761,012 $83,422 S1.73 _ Accepted Alternates 2 Delete wash-down water system (S20,900) ($21,800) 4 Add electrical service to artwork on west side S8,009 S8,009 $0.02 5 :Add electrical service for lighing at marquee $9,897 S9,897 S0.03 6 :Add conduit and box for sound system $3,122 S3,122 $0.01 7 i Replace tinted glazing with colored glazing S220,065 S220,065 SO.56 8 i Replace translucent canopy with colored glass canopy S23,460 $23,460 $0.06 9 :Add decorative lighting to elevator cabs S22,437 S22,437 SO.06 10 !Add decorative lighting to marquee S14,846 $14,846 $0.04 11 :Add decorative lighting to southwest corner S21,033 $21,033 SO.D VE 4 ,Delete silane sealer on precast (S45,400) ($45,400) VE 9 Eliminate grinding of welds at exposed steel (S2,600) ($2,600) VE 10 Rebar couplers at every other level ($106,542) ($106,542) VE 13 ;Penetrating sealer at roof slab only ($66,650) ($66,650) Owner Allowances :Owner Contingency Allowance By Owner By Owner !Signage Allowance $50,000 $50,000 S0.13 Irrigation Allowance S35,000 S35,000 SO.09 Allowance for Final Construction Document revisions S40,000 0 ;:Printing for Final Construction Documents S20,000 S20,000 Subtotal $21,252,551 $21,974,288 $721,737 $54.22 Impact Fee&Building Permit Excluded Excluded CGL&Umbrella Insurance 0.80% S170,020 5175,794 S5,774 S0.43 Builders Risk 0.25% S53,556 S55,375 S1,819 $0.14 Payment&Performance Bonds 1.00% S214,761 S222,055 $7.293 S0.55 Fee 3.00% $650,727 S672,825 S22,099 S1.66 Subtotal $22,341,616 $23,100,338 $758,722 $56.99 _ Construction Manager Contingency 1.00% S223,4161 S231,003 $7,587 S0.57 Total $22,565,032 $23,331,341 $766,309 $57.56 III THOS. S, Bn'NE, LTD, GENERAL. CONTRACTORS FORT WORTH-DALLAS-AGsi;tq-SAN Ammo March 6, 2007 Mr. Glen Balog Facilities Manager :r Transportation & Public Works Department Facilities Management Division City of Fort Worth .. 319 West 10ti,Street Fort Worth, Texas 76102 .. Re: Fort Worth Convention Center Parking Garage Dear Glen, Thos. S. Byrne, Ltd. is pleased to present our GMP pricing package for the above referenced project in the amount of twenty-two million five hundred sixty-five thousand thirty-two dollars ($22,565,032.00). This amount includes payment and perfonnance bond premiums. Our price is based upon the documents listed in the attached Contract Documents List and the competitive bids received for same. We have also included for your review and approval our clarifications, allowances, tab sheets, and the project schedule. Please review this GMP proposal and advise if you have any questions or need .. any additional information. Sincerely, THOS. S. BYRNE, LTD. P# p Jeff Giles Senior Estimator _ EIGHT DECADES OF EXCELLENCE 900 SUMMIT FORT WORTH,TEXAS 76102 THOs.S.BYRNE,LTD. 817/335-3394 GENERAL C04TRACTORS METRO 81 714 2 9-04 5 2 .s:,. m.:.. >..,.., FAX 817/877-5507 GMP PRICING SUMMARY Fort Worth Convention Center Parking Garage Fort Worth,Texas Date: 3/6/2007 392,000 General Conditions $762,121 $1.9 '.Cost of Work $1,196,240 $3.0 rBP-02100 01500 :Traffic Control $50,000 $0.1 :Excavation Support System $52,000 $0.1 BP-02200 :Asphalt Patching $36,531 $0.0 BP-02300 :Earthwork $310,762 $0.7 BP-02580 :Pavement Markings $13,898 $0.0 BP-02821 :Chain-link Fencing $140,000 $0.3 BP-02900 :Landscaping $45,000 $0.11 8P-03000 :Site&Foundation Concrete $1,008,512 $2.5 :Structural Concrete $7,400,000 $18.8 BP-03450 Precast Concrete $2,450,850 $6.2 BP-04800 :Masonry $449,402 $1.1 BP-05100 :Structural&Miscellaneous Steel $1,750,000 $4.4 BP-07100 :Waterproofing $165,263 $0.4 BP-07500 :Roofing $84,725 $0.2 BP-08100 :Doors,Frames&Hardware $34,390 $0.0 BP-08300 :Overhead Doors $40,500 $0.1 BP-08800 :Glass&Glazing $1,820,562 $4.6 BP-09200 :Plaster $19,890 $0.0 BP-09250 :Drywall $45,358 $0.1 BP-09300 :Tile $9,250 $0.0 BP-09900 :Painting $138,868 $0.3 BP-10200 :Louvers&Grilles(formerly ornamental metals) $449,100 $1.1 BP-10400 :Signage $37,410 $0.1 BP-10800 :Specialties $10,225 $0.0 BP-11150 :Parking Equipment $271,513 $0.6 BP-11160 :Dock Equipment $5,464 $0.01 BP-14210 :Elevators $716,785 $1.8 BP-15000 Mechanical(includes site utilities) $732,437 $1.8 BP-13900 :Fire Protection $102,129 $0.2 BP-16000 :Electrical $677,590 $1.7 Accepted Alternates 2 ;Delete wash-down water system ($20,900) 4 :Add electrical service to artwork on west side $8,009 $0.0 5 :Add electrical service for lighing at marquee $9,897 $0.0 6 :Add conduit and box for sound system $3,122 $0.01 7 :Replace tinted glazing with colored glazing $220,065 $0.5 8 :Replace translucent canopy with colored glass canopy $23,460 $0.0 9 :Add decorative lighting to elevator cabs $22,437 $0.0 10 :Add decorative lighting to marquee $14,846 $0.0 11 :Add decorative lighting to southwest corner $21,033 $0.0 VE 4 :Delete silane sealer on precast ($45,400 VE 9 1 Eliminate grinding of welds at exposed steel ($2,600) VE 10 :Rebar couplers at every other level ($106,542) VE 13 Penetrating sealer at roof slab only ($66,650) Owner Allowances :Owner Contingency Allowance By Owner :Signage Allowance $50,000 $0.1 :Irrigation Allowance $35,000 $0.0 :Allowance for Final Construction Document revisions $40,000 €Printing for Final Construction Documents $20,000 gg� EIGHT DECADES OF EXCELLENCE BYR + a 900 SUMMIT AVENUE TNOS.S.BYRr:E.LTO. FORT WORTH,TEXAS 76102 GENERAL CONTRACTORS 8171 :•.n:,:_n.:.. a... ;:.+. .. 3394 METR08171429-429-04520452 FAX 817/877-5507 t• GMP PRICING SUMMARY Fort Worth Convention Center Parking Garage Fort Worth,Texas Date: 3/6/2007 392,000 me Subtotal $21,252,551 $54.22 Impact Fee&Building Permit Excluded CGL&Umbrella Insurance 0.80% $170,020 $0.4 Builders Risk 0.25% $53,556 $0.1 Payment&Performance Bonds 1.00% $214,761 $0.5 Fee 3.00% $650,727 $1.6 Subtotal $22,341,616 $56.99 Construction Manager Contingency 1.00% $223,416 $0.5 Total $22,565,032 $57.56 EIGHT DECADES OF EXCELLENCE 900 SUMMIT AVENUE G FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 _ GENERAL CONTRACTORS METRO 817/429-0452 Forr Y.'cat-•�•an-A_.;t*•Sa R.arcaa FAX 817/877-5507 ALLOWANCES Fort Worth Convention Center Parking Garage Fort Worth, Texas Date: 3/6/2007 Allowances specified in Contract Documents 1 Irrigation System Allowance $35,000 2 Garage Identification Panel Sign $50,000 3 Allowance;for Final Construction Document revisions $40,000 4 Printing for Final Construction Documents $20,000 EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE Taos.S.BY"RNE.L'cb. FORT WORTH.TEXAS 76102 GENLRAL C1­N;RAC10R5 8171335-3394 n_ s, METRO 817/429-0452 FAX 8171877-5507 ALTERNATE PRICING SUMMARY Fort Worth Convention Center Parking Garage Fort Worth,Texas Date: 3/6/2007 BID ALTERNATES DESCRIPTION COST PRELIMINARY PRELIMINARY REMARKS ACCEPTANCE REJECTION 1 Delete thin-brick veneer on precast concrete panels 2 Delete wash-down water system INCLUDED IN GMP PRICING 3 Electrical power to tree wells $7,182 4 Add electrical service to artwork on Throckmorton $8,009 $8,009 INCLUDED IN Street elevation GMP PRICING 5 Add electrical service for lighting at marquee $9,897 $y 897 INCLUDED IN GMP PRICING 6 Add conduit and box for sound system $3,122 $3,122 INCLUDED IN GMP PRICING 7 Replace tinted glazing with colored glazing $220,065 $220,065 INCLUDED IN GMP PRICING 8 Replace translucent canopy with colored glass $23,460 $23,460 INCLUDED IN canopy GMP PRICING 9 Add decorative lighting to elevator cabs $22,437 $22,437 INCLUDED IN GMP PRICING 10 Add lighting to marquee $14,846 $14,846 INCLUDED IN GMP PRICING r 11 Add lighting to southwest corner $21,033 $21,033 INCLUDED IN GMP PRICING 12 Delete thin-brick veneer on precast concrete panels at North and South Elevations only. Total Accepted Alternates Included in GMP 301,969 Attachment 2 City of Fort Worth, Texas Transportation and Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION MANAGER AT RISK(CMAR) SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the Parties,including but not necessarily limited to,the Contract, Notice to Bidders,Architect/Engineer construction documents,the Request for Proposals,CMAR's Proposal, General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda and/or Amendments signed by all Parties,Change Orders,written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the CMAR and the City,or Change Order,or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by the Contract Documents. A-4 PROJECT MANAGER. A City employee of the Architectural Services department assigned to be the point person for day-to-day communications with the City. The Project Manager for this Contract is: Alfonso Mesa,Registered Architect,during design and Jack Durham,Senior Construction Manager during construction. : Thee City may change the Project Manager and will notify the CMAR of any such change. A-5 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals,with all required attachments,including required bonds and insurance certificates,by the CMAR and the City in such form as may be prescribed by law and returned to the City within ten business days of notification to CMAR. Failure to execute contracts and provide required enclosures would be grounds for revocation of award and taking of Bid Bond. A-6 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal,the bidder shall examine carefully the,Plans,Specifications,special provisions,and the form of contract to be entered into for the work : contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that it has complied with these requirements and has accepted the site as suitable for the Work. CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENER PARKING GARAGE JUNE 2007 Page 5 of 46 CMAR shall be responsible for all costs associated with naturally occurring differing or unforeseen site conditions. City shall be responsible for any costs associated with manmade differing or unforeseen site conditions. This Y provision shall not apply to the renovation,repair,or rehabilitation of any existing structure. A-7 ONE UNIFIED CONTRACT. Insofar as possible,the Contract Documents will be bound together and Y executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor, supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. Y A-8 DIVISION OF WORK. The arrangement of drawings and/or Specifications into Divisions,Sections, Articles,or other Subdivisions shall not be binding upon the CMAR in dividing the Work among Subcontractors or Trades. A-9 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as _ may be necessary for the proper execution or progress of the Work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CMAR,or City,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any Y dispute between any of the Parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect CMAR,or any Subcontractor or materialsman,or involving any question of fault or liability of any Party,the decision of the City shall be final and binding. In the event of inconsistency in the Contract Documents,the following sequence for interpretation shall be used in order of precedence: Change Orders and/or field orders(by date of issuance);addenda(by date of issuance); Y drawings;notes and dimensions on drawings;Technical Specifications; Special Provisions;Supplementary General Conditions;General Conditions;and,Contract. A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. . CMAR shall pay the cost of reproduction for all copies of drawings and Specifications necessary for its work. Y All drawings,Specifications and copies thereof furnished by the City or the Architect are and shall remain the property of the City. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the City on request after the completion of the Work. Y A-11 MINORITY ANI)WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects except where federal or state guidelines are mandatory for funding.(i.e.TxDOT or EPA) 0 A-12 CORRELATION AND INTENT. In general,the drawings indicate dimension,locations,positions, quantities,and kinds of construction;the Specifications indicate the quality and construction procedures required. Y Work indicated on the drawings and not specified or vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the Specifications the better quality or greater quantity of work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small- scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-13 AGE In accordance with the policy""of the Executive Branch of the federal government,CMAR covenants that neither it nor any of its officers,members,agents,employees,program participants or Subcontractors, while engaged in performing this Contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against a GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 6 of 46 persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statuto- ry requirement. CMAR further covenants that neither it nor its officers,members,agents,employees,Subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work _ on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory equipment. CMAR warrants it will fully comply with the federal policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third Parties or Subcontractor against City arising out of CMAR's and/or its Subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. A-14 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"), CMAR warrants that it and any and all of its Subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of CMAR or any of its Subcontractors.CMAR warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third Parties or Subcontractors against City arising out of CMAR's and/or its Subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term"Architect"is used in the General Conditions,it shall refer to the design architect or engineer. B-2 DUTIES OF THE ARCHITECT As used herein,the term Architect means the Architect or its authorized T representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the CMAR. B-3 ARCHITECT AS REPRESENTATIVE OF THE CITY The Project Manager will provide general administration of the Contract on behalf of the City and will have authority to act as the representative of the City to the extent provided in the Contract Documents unless changed in writing by the City. The Architect will be available for conferences and consultations with the City or the CMAR at all reasonable times. B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the site to familiarize himself with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations,the Architect will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's applications for payments,the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts. B-5 INTERPRETATIONS. The Architect will be,in the first instance,the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the CMAR.,subject to the final decision of the City. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 7 of 46 B-6 MISCELLANEOUS DUTIES OF ARCHITECT. Shop Drawings. The Architect will review shop drawings and Samples,The Architect may retain a working and file copy of the shop drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the City by the Architect. All remaining copies will be returned to the CMAR. Change Orders. Change Orders and field orders for minor changes in the Work will be issued by the City pursuant to its processes. Guarantees. The City will receive all written guarantees and related documents required of the CMAR.Upon completion of the project the CMAR shall provide the City six(6)copies of each guarantee. The specified guarantees and warranties will be submitted in the O&M Manuals listed below. Inspections The City will conduct inspections for the purpose of determining and making its recommendations concerning the dates of substantial completion and final completion. The City&Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The City will receive six copies of all applicable equipment installation, operation,and maintenance brochures and manuals required of the CMAR. B-7 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the City,the City shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or shall appoint a successor Architect. SECTION C CITY as OWNER C-1 IDENTIFICATION. The City of Fort Worth is acting herein by its duly authorized representatives in the manner provided by law. Depending upon the action to be taken,authorized representatives include the City Manager,Assistant City Manager,the Director and of Transportation and Public Works Department and members of the Architectural Services Division. Generally speaking a designated representative will be the Project Manager identified from within the Architectural Services Division to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE CITY. The City shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work which may be reasonably relied upon by CMAR provided, however,that the CMAR hereby covenants that it has inspected the premises and familiarized itself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the City's survey are for information only,are not binding upon the City.The City shall secure and pay for title to the site and all necessary permanent or construction easements. The City will cooperate with the CMAR in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the CMAR. L. , C-3 INSTRUCTIONS. The City shall issue all instructions to the CMAR through the Project Manager. C-4 ACCESS TO JOB SITE. The City shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the City may perform its assigned functions under the Contract Documents. L I C-5 PROGRESS INSPECTIONS. The City will make visits to the site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the Work,the City will approve and authorize the CMAR's applications for payments. ` GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 8 of 46 C-6 AUTHORITY TO STOP WORK. The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever,in its reasonable opinion,the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the City will have authority to require the CMAR to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and the Project Manager that the Work is substantially complete,the City will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect,City and CMAR.Items identified during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the CMAR,and accepted,approved and signed by the City. C-8 RIGHT TO AUDIT. CMAR agrees that the City shall,until the expiration of three years after final payment under this Contract,have access to and the right to examine any directly pertinent books,documents,papers and records of the CMAR involving transactions relating to this Contract. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books,documents,papers and records of such Subcontractor, involving transactions to the subcontract.The term"subcontract"as used herein includes purchase orders. CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONSTRUCTION MANAGER AT RISK(CMAR) D-1 IDENTIFICATION OF CMAR AND BASIC DUTIES. The CMAR is the person or organization identified as such in the Contract.The term CMAR means the Construction Manager at Risk or its authorized representative. The term Contractor is synonymous with CMAR in this performance of the construction portion of the Work. The duties of the CMAR are as follows: 1. The CMAR will propose a Guaranteed Maximum Price("GMP")for the construction of the Work that is within the Construction Budget after or during the completion of the design phase services. 2. The CMAR will serve as general contractor for the Work during the construction phase including the selection of Subcontractors and prompt payment to Subcontractors and suppliers. D-2 INDEPENDENT CONTRACTOR. CMAR shall perform all work and services hereunder as an independent contractor,not as agent,or employee of the City. CMAR shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder,and all persons performing same,and CMAR shall be solely responsible for the acts of its officers,agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the CMAR,its officers,agents and employees,and the doctrine of respondent superior shall not apply as between the City and the CMAR. D-3 SUBLETTING.It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said CMAR without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Contract, Conditions of the Contract,drawings, Specifications,addenda and modifications and shall at once report to the City and to the Architect any error,inconsistency or omission it may discover. However,CMAR shall not be responsible for ascertaining that the drawings and specifications are sufficient for use performing the work,adequate for their GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 9 of 46 intended purpose,or in compliance with applicable law,regulations or building codes.The CMAR shall do no work without drawings,Specifications and Interpretations. D-5 SUPERVISION. The CMAR shall supervise and direct the Work,using its best skill and attention.He shall be solely responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND ATERIALS. Unless otherwise specifically noted,the CMAR shall provide and pay for all labor,materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers,workmen and materialmenl The .. general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. The CMAR shall at all times enforce strict discipline and good order among its employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. a) Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code(Chapter 2258),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 for Violation. The CMAR or any Subcontractor who does not pay the prevailing wage shall,upon T 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) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by the CMAR or a Subcontractor,the City shall make an initial determination,before the 31"day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or Subcontractor has violated Chapter 2258, the City shall retain the full 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 from successive progress payments pending a final determination of the violation. d) Arbitration Required if Violation Not Resolved. 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 binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised statutes) if the contractor or Subcontractor and any affected worker do 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 1 lth 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 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 in the construction of the Work provided for in this Contract;and(ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 10 of 46 inspection by the City. The provisions of the Audit section of these Contract Documents shall pertain to this inspection. f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas Government Code. g) Postingof f Wage Rates. The CMAR shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. h) Subcontractor Compliance. The CMAR shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g.Davis-Bacon)the CMAR agrees to meet all requirements of such programs. This project will not require Davis-Bacon wage rates. D-8 WARRANTY. The CMAR warrants to the City and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified,and that all work will be of good quality,free from faults and defects,and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the City,the CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The CMAR is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. City will furnish tax exemption certificate to CMAR. D-10 LICENSES.NOTICES AND FEES. The CMAR shall obtain all Permits,Licenses,Certificates,and Inspections,whether permanent or temporary,required by law or these Contract Documents. Fees for Permits, Licenses,Certificates and Inspections performed by other departments of City are waived. The CMAR shall give all Notices and comply with all laws,ordinances,rules,regulations,statutes,City Charter, orders,and directives of any public authority bearing on the performance of the Work.If the CMAR observes or becomes aware that any of the Contract Documents are at variance therewith in any respect,it shall promptly notify the Architect&City in writing and any necessary changes will be made.If the CMAR performs any Work knowing that it is in violation of,or contrary to,any of such laws,ordinances,rules,regulations,statutes,City Charter, ordinances,orders,directives,or regulations without furnishing notice to the City,the CMAR will assume full responsibility therefore and bear all costs attributable thereto. D-11 SUPERINTENDENT. The CMAR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Work site during the progress of the Work. The CMAR's Project Manager shall represent the CMAR and all communications given to the Project Manager shall be binding as if given to the CMAR. All binding communications from the City or Architect will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the City for the acts and omissions of all its employees and all Subcontractors,their agents and employees,and all other persons performing any of the Work. D-13 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the City shall have the right,after providing CMAR Ten(10)days written notice and an opportunity to cure,to either demand the surety to take over the Work SL and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,and if,in the completion thereof, the reasonable cost to the City shall exceed the Contract price or prices set forth in the said Plans and Specifications made a part hereof,the CMAR and/or its GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 11 of 46 Surety shall pay City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-14 PROGRESS SCHEDULE. The CMAR,immediately after being awarded the Contract,shall prepare and submit for the Project Manager's approval,an estimated progress schedule for the Work.The progress schedule shall be related to the entire project.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Project Manager's approval.It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. It shall also include review and ow approval dates that are equally binding on the Architect and City. The CMAR shall submit an updated progress schedule the Project Manager at least monthly for approval along with ow the CMAR's monthly progress payment requests. D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the ow City one copy of all drawings,Specifications,addenda,approved Shop Drawings,Change Orders,and other changes and amendments in good order and marked to record all changes made during construction.These shall also be available to the Architect to review while on site. The drawings,marked to record all concealed/covered mechanical,electrical,and plumbing work and all request for information changes made during construction,shall be delivered to the City upon completion of the Work.The Architect will prepare,and provide to the City,one complete set of reproducible record drawings of the Work. D-16 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings,diagrams,illustrations,schedules, performance charts,brochures and other data which are prepared by the CMAR or any Subcontractor,manufacturer, supplier or distributor,and which illustrate some portion of the Work. Samples are physical examples furnished by the CMAR to illustrate materials,equipment or workmanship,and to establish standards by which the Work will be judged. The CMAR shall review,stamp with its approval and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other CMAR,normally within the first 90 days of the Work, seven(7)copies of all Shop Drawings and four(4)Samples required by the Contract Documents or subsequently as ,.. covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified.At the time of submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the CMAR thereby represents that it has determined and verified all field measurements,field construction criteria,materials,catalog numbers and similar data,and that it has checked and coordinated each shop drawing given in the Contract Documents. The Architect will review and approve Shop Drawings and Samples within the timeframes of the approved schedule and with reasonable promptness so as to cause no delay,but only for conformance with the Contract Documents of the project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected .. copies of Shop Drawings or new Samples until approved.The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any deviation from the requirements of the Contract Documents unless the CMAR has informed the Architect in writing .. of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 12 of 46 No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All'such portions of the Work shall be in accordance with approved Shop Drawings and Samples. a D-17 SITE USE. The MAR shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documen and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the Work by the City, the entire site of the Work shall be under the exclusive control,care and responsibility of the CMAR. CMAR shall take reasonable precaution against injury or damage to persons or property by the action of the elements or from any other foreseeable cause whatsoever.The CMAR shall rebuild,repair, restore and make good at i own expenses damages to any portions of the Work occasioned by any of the above to it's original form,caused before acceptance. D-18 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of its Work that may required to make its several parts fit together properly,and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-19 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work CMAR shall remove all its waste materials and rubbish from and about the project as well as all its tools,construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings"broom-clean",CMAR shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces, clean fixtures and wash all concrete,tile and terrazzo floors. If the CMAR fails to clean up,the City may do so,and the cost thereof shall be charged to the CMAR. D-20 COMMUNICATIONS. As a general rule,the CMAR shall forward all communications to the City and concurrently to the Architect. D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS.CMAR shall observe and comply with the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the Work at the site.The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or its authorized representative. Nothing contained in the Contract,Documents shall create any contractual relation between the City and the Architect and any Subcontractor or any of its sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS.The CMAR shall comply with requirements of Sections 271.118 and 271.025,Texas Local Government Code,in advertising and awarding contracts to subcontractors. City shall comply .. with the requirements of Section 271.1186),Texas Local Government Code. CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all elements of Work exceeding$25,000 other than the General conditions. To self-perform work,the CMAR must submit a bid or proposal in the same manner as the major trade Subcontractors mentioned above. CMAR may perform all other duties as required. CMAR will provide City full access to the results of all bid solicitations prior to the award of any subcontract. CMAR will recommend to the City the Subcontractor to be awarded each bid package. City shall have the right to reject the use of any subcontractor found objectionable. If a rejected subcontractor is the low,qualified bidder the GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 13 of 46 ur GMP shall be adjusted upwards by an amount equal to the difference between the bid amount of the subcontractor receiving the award and the bid amount of the rejected subcontractor. The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the City and the Architect,unless the substitution is also acceptable to the City and the Architect.The CMAR shall not be entitled to any adjustment in the GMP based on a CMAR initiated substitution. CMAR shall comply with the requirements of City Ordinance 15530 regarding Minority and Women Owned Businesses in all subcontracting opportunities. E-3 TERMS OF SUBCONTRACTS. All work performed for the CMAR by a Subcontractor shall be pursuant to an appropriate agreement between the CMAR and the Subcontractor(and where appropriate between Subcontractors and Sub-subcontractors),which shall contain provisions that: 1. Preserve and protect the rights of the City and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the CMAR of applications for payment under each subcontract to which the CMAR is a Party,in reasonable time to enable the CMAR to apply for payment; 4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the CMAR(via any Subcontractor or Sub- subcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the CMAR upon the City; 5. Waive all rights the contracting Parties may have against one another for damages caused by fire or other perils covered by the property insurance,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the City and the Architect,whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE(M/WBE).Should the base bid be less than $25,000,the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 15530(the"Ordinance"),the City of Fort Worth sets goals for the participation of minority and women business enterprises(M/WBE)in City contracts. Ordinance No 15530 is incorporated in these General Conditions by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five City business days after bid opening. Failure to comply with the City's M/WBE Ordinance,or to demonstrate a "good faith effort",shall result in a bid being considered non-responsive. During Construction: CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE Subcontractors and or suppliers prior to issuance of the Notice to Proceed. CMAR shall also provide monthly reports on utilization of the Subcontractors to the M/WBE Office and the Construction Manager. CMAR must provide the City with complete and accurate information regarding actual work performed by an M/WBE on the Contract and proof of payment thereof. CMAR further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts and/or the commission of fraud by the CMAR will be grounds for termination of the Contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement. An offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three(3)years. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 14 of 46 r The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein,mpy result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one(1)year. The CMAR may count toward the goal any tier of MWBE Subcontractors and/or suppliers. The CMAR may count r toward its goal a portion of the total dollar amount of the Contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the Work to be performed. All Subcontractors used in meeting the goals must be certified prior to the award of the Contract. r Change Orders: Whenever a change order affects the work of an M/WBE Subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the Contract,the CMAR shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the MWBE Office. 'r 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the CMAR represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work,the CMAR shall notify the City before subcontracts for work and/or supplies are awarded and shall be r required to comply with subsections 12.3 and 12.4 of the 00rdinance,exclusive of the time requirements stated in such subsections. r 3. The CMAR shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM,if,during the term of any contract,the CMAR wishes to change or delete one or more M/WBE Subcontractors or suppliers. Justification for change of Subcontractors may be granted for the following: 1. An M/WBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or r 2. An M/WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits _ required of the CMAR by the City;or 2)the limits contained in the CMAR's standard subcontract or supply agreements used on other projects of similar size and scope and within the CMAR's normal business practice with non-M/WBE Subcontractors/subconsultants or suppliers;or r 3. An MWBE's failure to execute the CMAR's standard subcontract form,if entering a subcontract is required by the CMAR in its normal course of business,unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work;or b) The contract presented provides for payment once a month or longer and the CMAR is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the M/WBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other r improprieties to the City or to provide notice of any claim to the CMAR's surety company or insurance company. ,r d) Mediation shall be a consideration before the request for change is approved. 4. An M/WBE defaults in the performance of the executed subcontract. In this event,the CMAR shall: GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 15 of 46 a) Request bids from all M/WBE Subcontractors previously submitting bids for the Work, b) If reasonably practicable,request bids from previously non-bidding M/WBEs,and c) Provide to the M/WBE office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. Within ten days after final payment from the City the CMAR shall provide the M/WBE Office with documentation to reflect final participation of each Subcontractor and supplier,including non-M/WBEs,used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor,upon receipt of payment from the City,an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work.The CMAR shall also require each Subcontractor to make similar payments to its subcontractors. If the City refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault of a particular Subcontractor,the CMAR shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for its Work to the extent completed,less the retained percentage. The CMAR shall pay each Subcontractor a just share of any insurance monies received by the CMAR,and it shall require each Subcontractor to make similar payments to its Subcontractors. The City may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified to the CMAR on account of Work done by such Subcontractors. E-6 SUBCONTRACTOR REOUIREMENTS FOR FEDERALLY FUNDED PROJECTS Each Subcontractor must agree to comply with all applicable federal,state,and local requirements in addition to those set forth in this section. No Subcontractor will be employed on this project,except as specifically approved by the City,who is contained in the listing of contractors debarred,ineligible,suspended or indebted to the United States from contractual dealings with federal government departments. The work performed by any such contractor or Subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include,or incorporate by reference,the equal opportunity clause of Executive Order11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon. Each Subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime CMAR who will compile them and submit to the City.The Subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 Each subcontract with every Subcontractor must contain a clause committing the Subcontractor to make a good faith effort to provide(define good faith effort)employment of local labor to the maximum extent possible. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 16 of 46 SECTION F SEPARATE CONTRACTS F-1 CITY'S RIGHT. The City reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work,"the contractor"in the Contract Documents in each case shall be the contractor who signs each separate contract. City will notify and provide CMAR in advance of the scope of work for other contractors and,if any work beyond the scope of work as defined by the Contract Document I is required of the CMAR,allow CMAR to adjust Contract for coordination issues. F-2 MUTUAL RESPONSIBILITY OF CMARS. The CMAR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work,and shall properly provide for connections and coordination of its work with theirs. If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractors,the CMAR shall inspect and promptly report to the City any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the CMAR to inspect and report shall constitute an acceptance of the other CMAR's work as fit and proper to receive its Work,except as to defects which may develop in the other separate CMAR's work after the execution of the CMAR's Work. Should the CMAR cause damage to the work or property of any separate CMAR on the site,the CMAR shall,upon due notice;settle with such other CMAR by agreement,if it will so settle. If such separate CMAR sues the City on account of any damage alleged to have been so sustained,the City shall notify the CMAR who shall defend against such suit at the CMAR's expense,and if any judgment against the City arises therefrom,the CMAR shall pay or satisfy such judgment and shall reimburse the City for all attorney's fees,court costs and expenses which the City has incurred in connection with such suit. _ F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting, fitting or patching of its Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.The CMAR shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect.Any costs caused by defective or ill-timed work shall be borne by the Party responsible therefore. F-4 CITY'S RIGHT TO CLEAN UP. If a dispute arises between the CMAR and a separate contractor as to their responsibility for cleaning up,the City may clean up and charge the cost thereof to the CMAR and other contractor(s)as the Director of the Department of Transportation and Public Works shall determine to be just and mutually agreeable with CMAR. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract.The CMAR must familiarize itself and strictly comply with all federal,state,county and city laws,statutes,City Charter, ordinances,regulations,or directives controlling the action or operation of those engaged upon the Work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such laws,statutes,City Charter,ordinances,regulations,or directives,whether by CMAR,its employees,agents or Subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this Contract is made and entered into by the Parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the CMAR agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the City herein,the officers,agents and employees of the City of Fort VKe e�- GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 I"' �t� •� Page 17 of 46 engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong. G-4 COMPLIANCE;WITH LAWS. CMAR agrees to comply with all federal,state and local laws,including all ordinances,rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished project are not subject to State Sales Tax. The City is responsible for obtaining the Building Permit. The CMAR and the appropriate Subcontractor are responsible for obtaining A other construction permits from the governing agencies. CMAR shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water and sewer tap,impact&access fees will be paid by the City. Any other permit fees are the responsibility of the CMAR. G-5 INDEMNIFICATION:CMAR COVENANTS AND AGREES TO INDEMNIFY CITY'S _ ENGINEER AND ARCHITECT,AND THEIR PERSONNEL AT THE PROJECT SITE FOR CMAR'S SOLE NEGLIGENCE. IN ADDITION,CMAR COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND,AT ITS OWN EXPENSE,THE CITY,ITS OFFICERS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS, PROPERTY DAMAGE,PERSONAL INJURY,INCLUDING DEATH,TO THE EXTENT ARISING OUT OF,OR ALLEGED TO ARISE OUT OF,THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CMAR,ITS OFFICERS,AGENTS,EMPLOYEES,SUBCONTRACTORS,LICENSEES OR INVITEES,CMAR LIKEWISE COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURIES TO CITY'S OFFICERS, SERVANTS AND EMPLOYEES AND ANY DAMAGE,LOSS OR DESTRUCTION TO PROPERTY OF THE CITY TO THE EXTENTARISING FROM THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT. In the event City receives a written claim for damages against the CMAR or its Subcontractors prior to final payment,final payment shall not be made until CMAR either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides City with a letter from CMAR's liability insurance carrier that the claim has been referred to the insurance carrier. The City's authorized representative may,if it deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a CMAR against whom a claim for damages is outstanding as a result of work performed under a City contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this Contract shall be binding upon and insure to the benefit of the Parties hereto,their successors or assigns.CMAR shall not assign or sublet all or any part of this Contract or its rights or duties hereunder without the prior written consent of the City.Any such purported assignment or subletting without the prior written consent of City shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The CMAR agrees,on the submittal of its Proposal to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work,such bonds being as provided and required in Article 5160 of the Revised Civil statutes of Texas,as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total Contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 18 of 46 Bonds shall be made on the forms fiunished by or otherwise acceptable to the City. Each bond shall be properly executed by both the CMAR and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the United states secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2) have obtained reinsurance for any liability in excess of it$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sold discretion,will determine the adequacy of the proof required herein. Nor sureties will be accepted by the City that are at the time 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 provide a new surety satisfactory to the City. G-9 CITY'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the City may, after Two(2)days written notice and an opportunity to cure has been provided to CMAR,without prejudice to any other remedy it may have,enter the site and make good such deficiencies.In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default,neglect or failure.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the City. G-10 TESTS. If the Contract Documents,laws,ordinances,rules,regulations or orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the CMAR shall give the City timely notice of its readiness and the date arranged so the Architect may observe such inspection,testing or approval.The City shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work,the City determines that any Work requires special inspection,testing or approval not included above,the City,upon written authorization from the City,will instruct the CMAR to order such special inspection,testing or approval,and the CMAR shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents,the CMAR shall bear all costs thereof,including the Architect's additional services made necessary by such costs;otherwise the City shall bear such costs,and an appropriate Change Order shall be issued. The CMAR shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by it to the City.The Architect will review the certificates and forward one copy of each with its recommendation(s)to the City. If the City wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and,where practicable,at the source of supply. Neither the observations of the Architect or the City in their administration of the Contract,nor inspections,tests or approvals by persons other than the CMAR shall relieve the CMAR from its obligations to perform the Work in accordance with the Contract Documents. G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the Work under this Contract with a minimum of outage time for all utilities.Interruption shall be by approved sections of the utility. In some cases,the CMAR may be required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved by the City.When it is necessary to interrupt the existing utilities,the CMAR shall notify the City in writing at least ten days in advance of the time that it desires the existing service to be interrupted.The interruption time shall be kept to a minimum.Depending upon the activities at an GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 19 of 46 existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the CMAR.In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the CMAR of existing utility services shall be as approved by the City. .. G-12 LAYING OUT WORK The CMAR shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between drawings, Specifications,and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory workmanlike manner at the CMAR's sole expense. However,CMAR shall not be responsible for errors and omissions in the contract documents including dimensions and elevations. The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the CMAR shall carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings;each with the other that in any affects the locations or elevation of the Work to be executed by it,and should any discrepancy be found,it shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on its part to comply with this function shall be done at the CMAR's sole expense. G-13 MEASUREMENTS: Before ordering any material or doing any Work,the CMAR shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra .. charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings if the extra cost could have been avoided by the CMAR measuring before ordering.Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the Project. G-14 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the Project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved,replaced or protected,as required,whether or not shown or specified at the CMAR's sole expense. Existing overhead electric lines are taken down at the City's expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the drawings. Location of existing underground lines,shown the drawings are based on the best available sources,but are to be regarded as approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-15 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages. CMAR's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the CMAR not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost to the City. G-16 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the Contract Documents,whether expressly stated or not,that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the Project. The CMAR shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the Project,including advising all materials suppliers and Subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact the potable water supply. G-17 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment,piping, ductwork,etc.are diagrammatic and job conditions may not always permit their installation in the location shown. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 20 of 46 When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference.The CMAR will be held responsible for the relocating of any items without first obtaining the Architect's approval.He shall remove and relocate such items at its own expense if so directed by the City.Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. G-18 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,and machinery or any other item thereon.No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-19 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products,processes,equipment,or the like be installed or applied in accordance with manufacturer's instructions, direction or Specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site.Seven(7)copies of such instructions shall be furnished to the Architect and its approval thereof obtained before work is begun. G-20 CLEANING UP.The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work.At completion of Work,the General CMAR shall,immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary,and all temporary labels,tags,and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 8. Clean all glass surfaces and mirrors of putty,paint materials,etc.,without scratching or injuring the glass and leave the Work bright,clean and polished.Cost of this cleaning work shall be home by CMAR. 9. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all Work under the Contract. 10. Burning:Burning of rubbish on the premises will not be permitted. G-21 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any _ operations during the construction period.If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 21 of 46 G-22 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-23 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by CMAR in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-24 PROJECT CLOSEOUT. Final Inspection,Record Drawings:Attention is called to General Conditions Section entitled,"Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8''/z"x 11",except pull out sheets may be neatly folded to 8 '/z"x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of Project lettered on front and shall contain: 1) Name,address and trade of all Subcontractors. 2) Complete maintenance instructions;name,address,and telephone number of installing CMAR,manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures,valves,water heaters,heating and cooling equipment,temperature control, fan,electrical panels,service entrance equipment and light fixtures. Provide local supplier contact information for all parts associated with same. 4) Manufacturer's name, type,color designation for resilient floors,windows,doors,concrete block,paint,roofing, other materials. Submit six copies of Maintenance Manual,prior to request for final payment. _ Operational Inspection and Maintenance Instruction:The CMAR shall provide at its expense,competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the City in the proper operation and maintenance of each item. G-25 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project,prior to final payment,guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by Subcontractors and submitted through the CMAR to Architect.Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 22 of 46 The CMAR shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain portions of work,are for longer periods,General CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this Contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by City.Guarantees shall not apply to work where damage is result of abuse,neglect by City or its successor(s)in interest. The CMAR agrees to warrant its Work and materials provided in accordance with this Contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees,the CMAR shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The CMAR further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the CMAR,the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-26 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the Work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes,legends and details that may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition, the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-27 CONSTRUCTION FENCE. At the CMAR's option,it may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-28 PRODUCT DELIVERY,STORAGE,HANDLING. The CMAR shall handle,store and protect _ materials and products,including fabricated components,by methods and means which will prevent damage, deterioration and loss,including theft(and resulting delays),thereby ensuring highest quality results as the Work progresses.Control delivery schedules so as to minimize unnecessary long-term storage at Project site prior to installation. G-29 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for City salvage shall be carefully removed and delivered to the City at any location in within the City limits as directed by the City. G-31 MANUFACTURER'S REFERENCE.Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered.CMAR shall inform the City of any substitutions intended for the Project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the CMAR to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the CMAR,the CMAR will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment. SECTION H GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 23 of 46 CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner. The date of commencement of the Work is the date established in the Notice to Proceed. The Notice to Proceed will be issued upon issuance of the Building Permit. The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Architect and the City-that construction is sufficiently complete,in accordance with the Contract Documents,so the City may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by official action authorized by the City,and no other form of acceptance will be binding upon the City. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a"Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the Project Manager with final approval by the City of Fort Worth. A Working Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not under the control of the CMAR permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m.and 6:00 p.m.However,nothing in these Contract Documents shall be construed as prohibiting the CMAR from working on Saturdays if it so desires.Legal holidays are defined as being New Year's Day,Independence Day,Labor Day,Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The CMAR shall begin the Work on the date of commencement as defined in this Section.He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act of the City or the Architect,or by any authorized employee of the City,or by any separate CMAR employed by the City,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation, unavoidable casualties or any causes beyond the CMAR's reasonable control,or by any cause which the Architect ` determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the City. If a delay exists for more than 10 days the City will review and consider the impact of such delays on the site overhead costs to the CMAR upon receipt of a written request by the CMAR.If the CMAR should reasonably believe that the delay will ensue for more than 10 days it shall take all reasonable steps to suspend its costs incurred. If the City determines that the delay is substantial and will persist beyond ten days it may exercise its right to terminate the Project and this Agreement. Nothing contained in this Section shall limit the City's rights to terminate this Agreement. When the CMAR is delayed due to abnormal w weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time and/or costs for delay shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 24 of 46 SECTION I PAYMENTS AND COMPLETION I-1 GUARANTEED MAXIMUM PRICE.The Guaranteed Maximum Price("GMP")as stated in the Contract Documents is the maximum amount potentially payable by the City to the CMAR for the construction of the Work. The CMAR will be reimbursed for the actual cost for the construction including burdens and CMAR's Fee up to the amount of the GMP. The Guaranteed Maximum Price(GMP)for this Project is$22,965,032. The GMP includes a line item totaling$227,377 designated as the CMAR's Contingency that may be utilized for cost overruns for which CMAR is not entitled to a change order and an increase in the GMP,including additional CMAR staff costs while waiting for Contract Award.Any unused Contingency will be shared between the City and the CMAR on a 50150 basis,with half of the remaining unused Contingency returned to Owner in the form of savings. I-2 SCHEDULE OF VALUES.Before the first Application for Payment,the CMAR shall submit to the Project Manager a Schedule of Values of the various portions of the Work,including quantities if required by the Project Manager,aggregating the total Contract Sum,divided so as to facilitate payments to Subcontractors, prepared in such form as specified or as the Project Manager and the CMAR may agree upon,and supported by such data to substantiate its correctness as the Project Manager may require.Each item in the Schedule of Values shall include its proper share of overhead and profit.The Schedule of Values,when approved by the Architect and the City,shall be used as a basis for the CMAR's Applications for Payment. I-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the CMAR will make current estimates in writing for review by the Architect of materials in place on a percentage complete basis and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. The CMAR fee will be paid over the life of the Project in proportion to the percentage of work complete. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the CMAR of bills of sale or such other procedures satisfactory to the City to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site. The CMAR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether incorporated in the Project or not,will pass to the City upon the receipt of such payment by the CMAR,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens";and that no Work,materials or equipment covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work,subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. The CMAR shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment",and attached thereto AIA Document G703,"Continuation Sheet",to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-4 CERTIFICATES FOR PAYMENT. If the CMAR has made Application for Payment as above,the above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment,with a copy to the CMAR,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the City,based on the Project Manager's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 25 of 46 of the Work as a functioning whole upon Substantial Completion,to the results of any subsequent tests required by the Contract Documents,to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the City that the CMAR be paid in the amount certified.In addition,the Architect's approval of final payment assures the City that the conditions precedent to the CMAR's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issu d a Certificate for Payment,the City shall approve or disapprove same within ten days after it has been delivered t the Director of the Department of Transportation and Public Works.For contracts less than$400,000,City shall ply 90%of the approved estimate to the CMAR within seven days after its approval,and the remaining 10%of each ch estimate will be retained by the City until the final estimate is approved and the Work is accepted by the Cit Council of the City of Fort Worth.For contracts in excess of$400,000,the City will retain only 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment,nor any progress payment,nor any partial or entire use or occupancy of the Project by the City,shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the CMAR of liability in respect to any warranties or responsibility for faulty materials or workmanship.The CMAR shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. Costs for damages to other work as defined herein are considered job cost. I-5 PAYMENTS WITHHELD. The Project Manager may decline to approve an Application for Payment - and may withhold its Certificate in whole or in part if in its opinion it is unable to make the representations to the City as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in its opinion to protect the City from loss because of Defective work not remedied; 1) Claims filed or reasonable evidence indicating probable filing of claims; 2) Failure of the CMAR to make payments properly to Subcontractors,or for labor,materials or equipment; 3) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 4) Damage to another contractor 5) Reasonable indication that the Work will not be completed within the Contract Time;or 6) Unsatisfactory prosecution of the Work by the CMAR. When such grounds for the refusal of payment are removed,payment shall be made for amounts withheld because of them.The City reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the CMAR fails to perform the Work in accordance with the Specifications. I-6 LIOUIDATED DAMAGES:The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to$100,000 $154 $100,000 to$500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 over$10,000,000 $980 GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING:GARAGE JUNE 2007 Page 26 of 46 I-7 FAILURE OF PAYMENT If,without fault on the part of the CMAR,the Project Manager should fail to issue any Certificate for Payment within seven days after receipt of the CMAR's Application for Payment,if the CMAR's Application for Pityment,or if,without fault on the part of the CMAR,the City should fail to approve such estimate or to pay to the CHAR 90%or 95%(as applicable)of the amount thereof within the period of time specified,then the CMAR may,upon seven(7)days additional written notice to the City and to the Architect,stop the Work until payment of the amount owing has been received. I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT.Prior to the request for final payment,the CMAR must meet all provisions for Project closeout. When the CMAR determines that the Work is substantially complete,the CMAR shall inspect the Project and prepare a"Preliminary Punch List". Within Seven(7)working days of the preliminary punch list being completed, - the Architect shall issue its punch list. When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,it then will prepare a Certificate of Substantial Completion(G704),which shall allow the CMAR to request a Certificate of Occupancy that will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the City and the CMAR for maintenance,heat,utilities,and insurance and the City shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such i surveys and all punchlist items.The CMAR shall complete the remaining work listed therein within 15 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 2.5%. Upon completion of the work listed on the Architects punch list and the items below to the satisfaction of the City of Fort Worth,the retainage shall be reduced to 0%. Should the CMAR fail to complete all contractual requirements of the Contract,including submittals and final pay request within the fixed time,the contract time will again commence. Should the CMAR fail to complete the Work within the contract duration,liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the CMAR. The CMAR shall submit the following items to the City prior to requesting final payment: 1) CMAR's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the City or its property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) CMAR's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases,and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the City. 5) CMAR's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor,materialman or laborer refuses to furnish a CMAR's Affidavit of Release of Liens,the CMAR may,at the election of the City,furnish a bond satisfactory to the City to indemnify it against any right,claim or lien that might be asserted by such Subcontractor,materialman or laborer.If any such right,claim or lien remains unsatisfied after all payments are made.The CMAR shall refund to the City all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims by the CMAR except those previously made in writing and still unsettled. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 27 of 46 The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the City.Final payment and release of the retainage amount will become due within fifteen days following acceptance. I-9 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The CMAR shall designate a responsible member of its organization at the site whose additional duty shall be the prevention of accidents.This person shall be the CMAR's superintendent unless otherwise designated in writing by the CMAR to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care,custody or control of the CMAR or any of its Subcontractors;and (3) Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work,it shall be under the charge and care of the CMAR,and it shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The CMAR shall rebuild,repair,restore and make good,at its own expense,all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The CMAR shall comply with all applicable laws,ordinances,rules,regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss.He shall erect and maintain,as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any Subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,shall be remedied by the CMAR. The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS AND SAFETY GLASSES. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each CMAR,employee and visitor at any construction site included in the Contract will be required to wear a hardhat and eye protection.The CMAR shall enforce the wearing of hard GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 28 of 46 hats and safety glasses by CMAR,employees and visitors.CMAR shall provide ten hard hats and safety glasses for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the CMAR shall act at its discretion to prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the CMAR on account of emergency work shall be determined as provided in changes in the Work J-5 SAFE WORK PRACTICES.The CMAR shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of its workmen,City employees and the public. The CMAR shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the Work,the CMAR shall remove all its wastes and rubbish from and about the work area,as well as its tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the Work was undertaken. J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring _ and stabilization to meet regulatory requirements. If the Proposal requires,the CMAR shall include a per unit cost for trench safety measures in its bid. If not included in the Proposal,the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in its Schedule of Values. SECTION K-INSURANCE K-1 INSURANCE REQUIRED.The CMAR shall not commence work under this Contract until it has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the CMAR allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured"on all policies except Worker's Compensation. K-2 WORKERS' COMPENSATION INSURANCE: 1) General a) CMAR's Worker's Compensation Insurance. CMAR agrees to provide to the City(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the Project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this Section. b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every Subcontractor who will perform work on the Project to provide to it a certificate from such Subcontractor stating that the Subcontractor has a policy of workers compensation insurance covering each employee employed on the Project. CMAR will not permit any Subcontractor to perform work on the Project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the City. c) By signing this Contract or providing or causing to be provided a certificate of coverage,the CMAR is representing to the City that all employees of the CMAR who will provide services on the Project will be covered by worker's compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.Providing false or misleading information may subject the CMAR to administrative penalties,criminal penalties,civil penalties or other _ civil actions. d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to declare the Contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the City. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 29 of 46 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self- insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person or entity's employees providing services on a project,for the duration of the Project. b) Duration of the Project. Includes the time from the beginning of the Work on the Project until the CMAR's/person's work on the Project has been completed and accepted by the City. _. c) Persons providing services on the Project("subcontractor" in section 406.096)-includes all persons or entities performin all or part of the services the CMAR has undertaken to perform on the project, regardless of whet�er that person contracted directly with the CMAR and regardless of whether that person has employees. This includes,without limitation,independent CMARs,Subcontractors,leasing companies, ` motor carriers,City-operators,employees of any such entity,or employees of any entity that furnishes persons to provide services on the Project. "Services" include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other services related to a project. "Services" does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The CMAR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CMAR providing services of the Project,for the duration of the Project. b) The CMAR must provide a certificate of coverage to the governmental entity prior to being awarded the _ Contract. c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the Project,the CMAR must,prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The CMAR shall obtain from each person providing services on a project,and provide to the City: i) a certificate of coverage,prior to that person beginning work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and ii) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the Project. e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The CMAR shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the CMAR knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project. g) The CMAR shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. h) The CMAR shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage,based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 30 of 46 ii provide to the CMAR prior to that person beginning work on the project,a certificate of coverage P �P P g� g P J � g showing that:coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the CMAR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during - the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the CMAR: (1) a certificate of coverage,prior to the other person beginning work on the Project;and (2) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; v) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and vii) contractually require each person with whom it contracts,to perform as required by this Section with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing,hauling,or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE. The CMAR shall procure and maintain during the term of this Contract,and shall require any Subcontractor performing work covered by this Contract to procure and maintain such Liability Insurance as shall protect it and the City of Fort Worth from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) WORKER'S COMPENSATION INSURANCE • Statutory limits • Employer's liability • $100,000 disease—per each employee • $500,000 disease—policy limit • $100,000 each occurrence GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 31 of 46 2) COMMERCIAL GENERAL LIABILITY INSURANCE The CMAR shall procure and shall maintain during the life of this Contract,commercial liability insurance coverage to cover bodily injury,death,and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include,but not be limited to,contingent liability for independent contractors,XCU coverage,and contractual liability. • Consequential damage due to faulty workmanship performed by the CMAR or its agents shall be covered 3) BUSINESS AUTOMOBILE LIABILITY • $1,000,000 each accident on a combined single limit or • $250,000 property damage and$500,000 bodily injury per occurrence The policy shall cover"any auto"used in the course of the project. "Any auto"is defined as autos owned,hired and non-owned. t K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invitation,the CMAR shall procure,pay for and maintain at all times during the term of this Contract,Builder's Risk Insurance against the perils of fire,lightning,windstorm,hurricane, hail,riot,explosion,civic commotion,smoke,aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site.If specifically required in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE.The CMAR shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the CMAR's insurance as documented on the certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents an/or insurers for the CMAR's insurance coverages specified for the Project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by CMAR and its Subcontractor(s),if applicable,shall be authorized to do .. business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 32 of 46 r which the insurance is placed must have a rating of at least A:VII,as stated in current edition of A.M.Besfs Key Rating Guide. At the Citys sole discretion,a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding$10,000 require approval of the City of Fort Worth as respects this Contract. r 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation,non-renewal or material change in coverage regarding any policy providing insurance _ coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. Aggregate limits shall apply to each project. r 7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. r 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. r 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth, 12) CMAR shall agree to either require its Subcontractors to maintain the same insurance coverages and limits " thereof as specified herein or the CMAR shall provide such coverage on the CMAR's Subcontractors. SECTION L .. CHANGES IN THE WORK L-1 CHANGE ORDER. The City,without invalidating the Contract,may order changes in the Work within _ the general scope of the Contract consisting of additions,deletions or other revisions,the GMP and the Contract Time being adjusted accordingly.All such changes in the Work shall be authorized by Change Order,and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the CMAR signed by the CMAR,City and the Architect,issued after the execution of the Contract,authorizing a change in the Work or adjustment in the GMP or the Contract Time.The GMP and the Contract Time may be changed only by Change Order. r Any changes in work required due to changed or unforeseen conditions,or by request of either the CMAR or the City,shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work.The cost or credit to the City r resulting from a Change Order shall be the actual cost to be incurred or deducted as thecae might be multiplied by the allowance for contractual overhead and profit. If after the Contract has been executed,the Architect,requests a price proposal from the CMAR for a proposed change inscape of the Work,CMAR shall process such proposal r within seven days of receipt and return the price quote to the Architect in writing.The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and price proposal to the City for approval.The Architect will attempt to negotiate with CMAR to revise the proposal to a figure which it r deems is fair and reasonable and forward it on to the City for approval.If the negotiations do not result in an equitable solution,the CMAR will perform the changes on a time and material basis,agreeing with the City on unit GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 33 of 46 r costs for labor/equipment/materials prior to any work being done,signing tickets,and agreeing to all amounts on a daily basis. CMAR is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and work orders which results in an increase in cost of the Contract amount by over$25,000.Normal ,r processing time for the City Staff to obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty days.City,and MAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If the MAR claims that a ditional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,(2)any order by the Architect or City to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a minor change in the Work,the CMAR shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time,it shall give the Architect&City_written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the CMAR before proceeding to execute the Work,except in an emergency endangering life or property in which case the CMAR shall proceed in accordance with Section J.No such claim shall be valid unless so made.Any change in the Contract Sum or Contract Time resulting from such claim,if approved by the City,shall be authorized by Change Order. L-3 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be confirmed as no cost changes by the City and the CMAR. L-4 FIELD ORDERS. The Architect may issue written field orders that order minor changes in the Work without change in Contract Sum or Contract Time.The CMAR shall carry out such field orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the City,it must be uncovered for observation and replaced,at the CMAR's expense. If any other work has been covered which the City has not specifically requested to observe prior to being covered, the Architect or the City may request to see such work and it shall be uncovered by the CMAR.If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the City.If such work be found not in accordance with the Plans and Specifications,the CMAR shall pay such costs. M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the City as defective or assailing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated,installed or completed.The CMAR shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of T Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the Work is found to be defective or not in accordance with the Contract Documents,the CMAR shall correct it promptly after receipt of a written notice from the City to do so,unless the City has previously given the CMAR a written acceptance of such condition, describing same specifically and not generally.The City shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the work shall be corrected to comply with the Contract Documents without cost to the City. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 34 of 46 The CMAR shall bear the cost of making good all work of separate CMARs destroyed or damaged by such removal or correction. If the CMAR does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the City,the City may remove it and may store the materials or equipment at the expense of the CMAR. If the CMAR does not pay the cost of such removal and storage within ten days thereafter,the City may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the CMAR including compensation for additional architectural services.If such proceeds of sale do not cover all costs that the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change Order shall be issued.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the City. If the CMAR fails to correct such defective or non-conforming work,the City may correct it in accordance with Section G. The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon it by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the City prefers to accept defective or non-conforming work,it may do so instead of requiring its removal and correction,in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum,or,if the amount is determined after final payment,it shall be paid by the CMAR. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CMAR. If the Work is stopped for a period of 30 days under an order or any _ court or other public authority having jurisdiction,through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the CMAR,or if the Work should be stopped for a period of 30 days by the CMAR for the City's failure to make payment thereon as provided in Section I,then the CMAR may after the end of such period of 30 days and upon seven additional days' written notice to the City,terminate the Contract. N-2 TERMINATION BY THE CITY. If the CMAR is adjudged as bankrupt,or if it makes a general assignment for the benefit of its creditors,or if a receiver is appointed on account of its insolvency,or if the CMAR refuses,except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials,or if it fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply with all laws,statutes,City Charter,ordinances,regulations or orders of any public authority having jurisdiction,or otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the City,on its own initiative that sufficient cause exists to justify such action,may,without prejudice to any rights or remedy and after giving the CMAR and its surety,if any,seven(7)days'written notice,terminate the employment of the CMAR and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon owned by the CMAR and may finish the Work by whatever method it may deem expedient.In such case the CMAR shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work,including compensation for the Architect's additional services,exceed the unpaid balance of the Contract,the CMAR shall pay the difference to the City. The City of Fort Worth may terminate this Contract in whole,or from time to time,in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the CMAR a notice of termination specifying to what extent performance of the Work of the Contract is being terminated and the effective date of termination. After receipt of termination the CMAR shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the Work not terminated. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 35 of 46 c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination. After termination as above,the City will pay the CMAR a proportionate part of the Contract price based on the work completed;provided,however,that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof attributable to the work not completed and further reduced by the amount of payments,if,any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in this paragraph within 30 clays after receipt of such claim. SECTION O SIGNS The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the CMAR's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The CMAR shall furnish,erect,and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and Subcontractors employed on the Project,subject to reasonable directions by the CMAR as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper,safe operating and sanitary condition for the duration of the Contract.Upon completion of the Contract,all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED. The CMAR shall provide a temporary field office building for himself,its Subcontractors and use by the Architect and City's representative..Field offices shall be maintained for the full time during the operation of the Work of the Contract.During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 T degrees F.Upon completion of the Work of the Contract,the CMAR shall remove the building from the premises. The CMAR shall provide and maintain storage sheds,other temporary buildings or trailers on the Project site as required for its use. Remove sheds when work is completed,or as directed. P-5 TELEPHONE. The CMAR shall provide and pay for telephone installation and service to the field offices described above. Service shall be maintained for the duration of operations under this Contract. P-6 TOILET FACILITIES. The CMAR shall provide proper,sanitary and adequate toilet facilities for the use _ of all workmen and Subcontractors employed on the Project. P-7 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during the construction.CMAR shall provide and install temporary utility meters during the Contract construction period.These meters will be read and the CMAR will be billed on this actual use.The CMAR shall provide all labor and materials required to tap into the utilities.The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the Work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing voltages,pressures,frequencies,etc. will be available to the CMAR. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 36 of 46 Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the Project or as shown on the drawings.Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to Subcontractors engaged on the Work.Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools,motors,welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50-foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day lighting is inadequate.Provide at least 0.75 watts of incandescent lighting per square foot and maintain a socket voltage of at least 110 volts.Use at least 100-watt lamps.In any event,the lighting intensity shall not be less than 5-foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The CMAR shall provide heat,ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew that is potentially damaging to materials and finishes.All such heating,ventilation and services shall be provided and maintained until final acceptance of all work.In addition,the CMAR shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing,setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F b) Any damage to drywall or any interior fmishes that result from inadequate heating/cooling or inappropriate humidity shall be corrected by the CMAR at the CMAR's sole expense. c) Seven days prior to installing any wood finished the buildings shall be properly climatized. P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION The CMAR shall provide,maintain,and remove upon completion of the Work all temporary rigging,scaffolding, hoisting equipment,rubbish chutes,ladders to roof,barricades around openings,and all other temporary work as required to complete all work of the Contract.CMAR shall coordinate the use and furnishing of scaffolds with its Subcontractors. The CMAR shall provide,maintain,and remove upon completion of the Work,or sooner,if authorized by the City,all fences,barricades,lights,shoring,pedestrian walkways,temporary fire escapes,and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The CMAR shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. The CMAR shall maintain provision for closing and locking the building at such time as possible to do so.If this is not feasible,maintain a night watch person. The CMAR shall provide and maintain all barricades or enclosures,required to protect the Work in progress from outside elements,dusts,and other disturbances as a result of work under this Contract. Such protection shall be GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 37 of 46 positive,shall meet the approval of the City and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The CMAR shall furnish,install and maintain during the life of the Project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the City,in a prominent place.1ccessible to employees of the CMAR and Subcontractors,and to applicants for employment.The bulletin board shall remain the property of the CMAR and shall be removed by CMAR upon completion of the Work.T) a following information which will be furnished by the City to the CMAR,shall be posted on the bulletin board and shall be maintained by the CMAR in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates Safety Posters. C. OSHA Injury Log d. Copy of Bond SECTION Q VENUE If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Contract,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 38 of 46 WEATHER TABLE Month Average Inches of Snow/I Days of Rainfall ce Rain Pellets January 7 1.80 1 February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 December 6 1.82 ANNUALLY 77 32.30 1 (1) Mean number of day's rainfall, 0.01"or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more Less than 0.5 inches This table is based On information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground)551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the CMAR was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the Contract period will be adjusted by Change Order. Days following rainfall may be included as conditions may not allow work to take place. These conditions may be used in the above calculations. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 39 of 46 ., PROJECT DESIGNATION SIGN 1-1/2' FORTWORTH 3' 3" Project Title 1_1/2"1/Z"- Contractor: 2-1/2' Contractors Name 1-3/4' 1. FUNDED BY 2-1/2 (List Bond Fund, etc) SCHEDULED COMPLETION DATE -1/2' YEAR m l 1-1/2" W-0" SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE'MOLLY"LOGO IS PMS 167. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 40 of 46 AN 4y FoFTWORTH ANN- TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organization: City of Fort Worth Texas Sales and Use Tax Permit#1-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by the price paid for the taxable items purchased or the fair market rental value for the period of time use. I understand that it is a misdemeanor to give an exemption certificate to the seller taxable items which I know,at the time of purchase,will be used in a manner other than that expensed in this certificate and upon conviction,may be fined up to S500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth Street Address: 1000 Throckmorton 4 City,State,Zip Code: Fort Worth Texas 76102 Signature/Title: L? Purch msIg Manager Sample, original to be provided Date: contractOone az: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102 (817) 871-8360 * FAx (817)871-8440 Printed on recycled GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 41 of 46 DO NOT APPLY DAVIS BAGG4 GENERAL DEGISinni. 96 State: Texas L . 'netdentel te Building GemStFuetien in Taffent Geunty and feF Paving and Utilities ineidental te Building 06M 3Q003 02MB nnne 7 96Q4 oG4 8 02Q4Q006 Rates FIFinges _ BFieldayeF................. CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE,JUNE 2007 Page 42 of 46 GARP1421 001 ncin-vvrviri996 Rates FFinges 1 6.49 8-.92 s 'Rates FFinges -LIGGCTfGiQTTT .........:$ 24.58 5.32i 1.26% _ Eleetri..an...............$22,36 6.�]7i�N Rates Ffinges ow I\ Q' 7 A 4C — -, a 4� . t35 Rates FFinges Rates Frimws •• -Garpe ntef hangers, aeousfieal .. ...............$ 12.27 2.22 CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 43 of 46 EW DFywall Finisher............$ 11.18 2.21 •eF.........................$ 11.37 i.3i 68beFeF(Ineluding Mesen Tenders& Pipelayer-s).-..-....$ :7.46 4-.09 Landsespe Leberw............$ SAS Meehanteal 'nSU'8teF...........$ 10.92 1.00 Pa�nter, Bfush and Spmy (exeluding Drywall 0 4 r% —47 2.21 PlasteMF......................$ 11.50 PlurnbeFs and Pipefitters (Ineluding HVAG WeFIO........$ 13.34 2.16 PeWeF equipment epeFateFS! Baekhees....................$ 12.30 1.82 Penes.......................$ 14.26 2.44 Q� 0 IZA Feundatien DFill C)peFal.'--,--....IV w.— GFedeFS......................$ 11.69 ReefeF(imeluding Built wly, Gempositien and Gingle Ply).... Sheet fnetal WeF!(eF(lneludft WELDERS Reee've Fate pFeseFibed feF eFaft peFfeFffling epeFatiefl te whieh welding is WELDERS Ree6ve Fate pFeseFibed feF eFaft per-ferming eperatien te whieh weldft is ineidental. CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 44 of 46 No No eelleetively baFgained wage and fFinge benefit Fates. E)theF designatiens indieete uniens whose F61tes have in the listing abeve, th �"s—W designafien fneans that fates listed undeF the identifieF de net Feflee WAGE DETERMINATIEM APPEALS PROGCQC * an existing published wage deteFminatien w w * a Wage and HeUF DiYi5ien On sufvey Felated mettefs, initial eenteet, ineluding fequests feF summaries ef surveys, sheuld be with the w . With re@BFd te any ether FnatteF met yet Fipe feF the fefffflal pmeess deseribed here, initial eenteet sheuld be Wage and w Hour ivisslen 209 Genstitut'en Avenue, W.W. wWashftten, =G-2424-0 CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 45 of 46 w Wage and H IF AdministFatef Inn n..ns fia.,fi. n Avenue, N.W. DG 20240 N Hf6FFfIati8H (wage payment data, pFejeet deseHptieM, area pFeetiee FneteFial, ete.)that the FequeSteF Adnqinistm�ve Review Beard ffermwly the Wage Appeals BeaFd). WFite te! U.S. DepaFtment ef Labe 4.)All deeisiens by the Administfative Review Beard are finel. --------------------------------------------------------- ENE) OF GENERAL DEGIQION CONSTRUCTION MANAGER AT RISK CONTRACT CONVENTION CENTER PARKING GARAGE JUNE 2007 Page 46 of 46