HomeMy WebLinkAboutContract 45717 (2)- ' t�: � s j �,
'�. � a � �i , - — _
. � � � � � � � — - -- -
" • • � � • •
THIS AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES which
INCLUDES SECTIONS FOR PRE-C�NSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES, is made and entered into by and between the City of
Fort Worth, a Texas municipality, ("City") and McCarthy Building Companies, Inc., a legal entity
existing under the laws of the State of Texas, ("CMAR") City and CMAR may be referred to
herein as a"Party" or the "Parties".
WITNESSETH:
WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which
consist of Pre-Construction Phase Services and Construction Phase Services, and CMAR
possesses broad experience, knowledge and technical resources to provide such services
related to the design, permitting, construction and construction management for the Hemphill
Street— LancasterAvenue to Vickery Boulevard construction project (the "Project"); and
WHEREAS, the City desires to contract with CMAR for the Pre-Construction and Construction
services and CMAR is willing and able to undertake and provide the services and to be
responsible for the overall completion of the Project, as described on Attachment A, upon the
terms, covenants, recitals, and conditions hereinafter set forth; and
WHEREAS, City has engaged the services of Transystems Corporation Consultants, ("Design
Engineer") to prepare the design of the Project; and
WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated 20th
day of June, 2013, attached hereto as Attachment B both incorporated herein by reference;
and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary subcontractors(s) to which CMAR awards contracts, the City's
Standard General Conditions for a CMAR Construction Contract, Attachment C, incorporated
herein by reference; and
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized terms as found in the Standard General Conditions for a CMAR
Construction Contract
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and of the covenants and promises to be carried out by the
Parties, it is agreed by and between the Parties that the City hereby contracts with said CMAR
and said CMAR hereby accepts such contract to perForm the services hereinafter defined upon
the terms and conditions set forth herein, including any Attachments and Exhibits, which are
hereby incorporated.
ARTICLE 1 — SERVICES
�
2.
CMAR agrees to furnish all Pre-construction Phase Services,
A and B.
The Pre-Construction Phase Services shall commence within
of an authorization in the form of a Notice �ee��E
upon conclusion of Guaranteed Maximum P,������111�'���
CFW CMAR AGREEMENT — HEMPHILL
as described in Attachments
7 calendar days after receipt
ity to CMAR and terminate
� ations. CMAR may initiate
; <<::� � "{ �t���� a�;���
�,
ti� �''�, ��IHI' 7"�C
;;
Page 1 of 13
,
��.- -� ���.
3.
�
early works packages, such as for utility relocations, prior to final development of the GMP.
Costs of early works packages shall be included in the GMP.
CMAR agrees to furnish all Construction Phase Services for the amount of the GMP, as
hereinafter described, abiding by this Agreement and its Amendments and Attachments, to
also include the Construction Documents created to effect the Work on the Project.
The Construction Phase Services shall commence within 7 calendar days after receipt of an
authorization in the form of a Notice to Proceed from the City to CMAR.
ARTICLE 2 — COMPENSATION
1. The City shall compensate CMAR for providing the Pre-Construction Phase services for the
Pre-Construction Services Fee of Sixtv Thousand Dollars $60,000.00 as further described
on Attachment B.
2. The City shall compensate CMAR
Construction Services Fee of 3_5%
Attachment B.
for providing the Construction Phase services for
(percent) of the Cost of Work as further described
the
on
3. Notwithstanding Article 1, Paragraph 3, above, or Paragraph 2 of this Article, City may, by
giving written notice at any time before the end of the Pre-Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City's reasonable estimation, would significantly exceed the City's Estimated
Construction Budget. In such event, CMAR shall be paid for Work performed up to the date
of termination in accordance with this Agreement.
4. CMAR Contingency - CMAR's GMP shall include a Contingency of 5% of the GMP for
CMAR's exclusive use, with City's written approval, which approval shall not be reasonably
withheld, to cover those costs considered reimbursable as a Cost of the Work but not
included in a Change Order, such as those related to unanticipated costs resulting from
local market, labor and material conditions, bidder and subcontractor defaults, errors or
negligence of the CMAR, interfacing omissions between the various work categories, and
General Conditions costs in excess of estimate. Any unspent contingency funds shall be
shared on a 50/50 basis between CMAR and City.
5. Savings — In the event the final Cost of the Work, inclusive of the CMAR Fee, is less than
the GMP, as may be adjusted by Change Orders, 50% of the resulting savings will be paid
to the CMAR as an additional incentive.
6. Schedule Incentives to promote perFormance results by contractors may be established by
CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an allowance amount, which will be a part of the GMP, to be used for Schedule
Incentives. Any of these funds unspent shall be returned to City.
7. Hourly Preconstruction rates for additional Pre-Construction Phase services required or
requested in writing by City: Executive $161/hr, Project Director $143/hr, QC Director
$133/hr, Lead Estimator $118/hr, Civil Estimator $113/hr, Construction Manager $104/hr,
Project Superintendent $118/hr, Scheduler $94/hr.
ARTICLE 3 — PAYMENT
Payment by City to CMAR is to be made as follows:
CFW CMAR AGREEMENT — HEMPHILL Page 2 of 13
1. CMAR shall submit a monthly invoice for Pre-Construction Phase Services describing the
work perFormed during the preceding month. The City shall make payment of any
undisputed amounts to CMAR within thirty days after receipt of said invoice.
2. CMAR shall submit a monthly invoice for Construction Phase Services describing the Work
performed during the preceding month. The City shall make payment of any undisputed
amounts to CMAR within thirty days after receipt of said invoice, less 5% retainage, except
that no retainage shall be held on CMAR's General Conditions Costs or Construction
Services Fee. Payment shall be based on invoices for Work performed by CMAR or its
subcontractors, which City has a right to review upon request (if not included with CMAR's
invoice). CMAR's Construction Services Fee and General Conditions costs shall be included
and each shown as a line item in said invoice to City.
3. Unless City has disputed the accuracy of any portion of an invoice, City shall make its
payments on the invoice on the undisputed portions of an invoice within thirty days from the
receipt of the invoice. Upon failure by City to so pay, CMAR may suspend performance of
Work (whichever phase), or to immediately terminate this Agreement in the event any
invoice remains unpaid for ninety days on the basis of non-perFormance on the part of the
City. Interest at the rate of two percent per annum shall be payable on any amounts which
are due but unpaid after sixty days after receipt of such invoice. When such progress
payments are restored, CMAR shall resume providing all agreed upon Services.
ARTICLE 4— GUARANTEED MAXIMUM PRICE
The Guaranteed Maximum Price proposal for Construction of the Project shall be presented to
the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise
mutually agreed. When established and accepted by City, the GMP shall be memorialized and
incorporated as an amendment to this Agreement.
ARTICLE 5— CHANGES IN THE WORK
The City, without invalidating this Agreement, may order changes in the design of the Project
and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the
GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work shall
be authorized by "Change Order", a written order to the CMAR signed by the CMAR, City and
the Design Engineer, issued after the execution of this Agreement, 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.
ARTICLE 6- PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A as modified by CMAR in
Attachment B and the Project Schedule, as developed by CMAR and presented simultaneously
with the GMP. CMAR will perForm the required services in a timely manner and comply with the
Project Schedule and any minor adjustments as reasonably requested by City. Major changes
to the Project Schedule may be negotiated and memorialized by a Change Order.
CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial
loss if the Work is not completed within the Project Time, plus any mutually agreed extension
thereof. The CMAR also recognizes the delays, expense and difficulties involved in proving in a
legal proceeding the actual loss suffered by the City if the Work is not completed on time.
Accordingly, instead of requiring any such proof, CMAR agrees that as liquidated damages for
delay (but not as a penalty), CMAR shall pay City $1,250.00 for each day that expires after the
CFW CMAR AGREEMENT — HEMPHR„L Page 3 of 13
expiration of the Project Time until such time as Substantial Completion of the Project is issued
by the City in writing.
ARTICLE 7 — MBE
The CMAR commits to 5% MBE participation for the Pre-Construction Phase Services for this
Project. The CMAR must meet the MBE commitment during pre-construction phase services to
meet a minimum qualification for self-performing any or all of the construction phase services.
The CMAR commits to 15% MBE participation for the Construction Phase Services for this
Project.
': __ � _�_:�_ i11 G � •►� •► �
1. CONSTRUCTION DOCUMENTS. In addition to the definitions in the attachments or
exhibits to this Agreement, which are incorporated for use herein, the term "Construction
Documents" shall mean those written or electronic documents indicating the basic scope
of work as set forth by the Design Engineer, Design Engineer's formal construction
documents and related specifications, including bid materials, the Request for
Proposals, CMAR's proposal, and the other necessary documents as may be indicated
by the Owner whether specifically attached hereto or provided separately.
2. PROFESSIONAL STANDARDS. The CMAR shall be responsible, to the level of care
and skill ordinarily used by practicing professionals in the same type of work in the City's
community, for the professional and technical soundness, accuracy, and adequacy of all
consultation, cost estimating, pre-construction and other services and materials
furnished under this Agreement.
3. CONSTRUCTION PHASE GENERAL CONDITIONS. Attachment C contains the City's
Construction General Conditions applicable to this Project. CMAR is expected to have
reviewed and hereby agrees to comply with said Construction General Conditions,
including providing a copy to any contractors or subcontractors, as applicable.
4. PROJECT PROGRESS. CMAR's services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
5. PROJECT DELAYS. Should completion of the services be delayed for cause(s) beyond
CMAR's reasonable control, including force majeure, or delays occasioned by factors
which could not reasonably have been foreseen at the time this Agreement was
prepared and executed, CMAR and City shall work together to adjust the project time
schedule(s). Should adjustment be necessary, the time for performance may be
extended for a period mutually agreed upon in writing by the parties or if the parties
cannot agree then a reasonable time as determined by the City.
6. PERFORMANCE OF WORK. CMAR shall publicly advertise for bids or proposals and
receive bids or proposals from trade contractors or subcontractors for the perFormance
of all major elements of the work other than the minor work that may be included in the
general conditions. CMAR may seek to perform portions of the work itself by submitting
its bid or proposal for those portions of the work in the same manner as all other trade
contractors or subcontractors and City determines that the CMAR's bid or proposal
provides the best value for the City.
CFW CMAR AGREEMENT — HEMPHILL Page 4 of 13
7. REVIEW OF BIDS OR PROPOSALS. The CMAR shall review all trade contractor or
subcontractor bids or proposais in a manner that does not disclose the contents of the
bid or proposal during the selection process to a person not empioyed by the CMAR,
Design Engineer, or City. All bids or proposals shall be made available to the City on
request and to the public after the later of the award of the contract or the seventh day
after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and
recommends to the City a bid or proposal from a trade contractor or subcontractor but
the City requires another bid or proposal to be accepted, City shall compensate the
CMAR by a change in price, time, or GMP for any additional cost and risk that the CMAR
incurs because of the City's requirement that another bid or proposal be accepted.
8. DEFAULT; PERFORMANCE OF WORK. If a selected trade contractor or subcontractor
defaults in the performance of its work or fails to execute a subcontract after being so
selected, the CMAR may fulfill, without advertising, the contract requirements or select a
replacement trade contractor or subcontractor to fulfill the contract requirements.
9. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written
consent of the City. CMAR may enter into subcontracts with respect to the services
required by this Agreement but shall remain fully responsible to the City in connection
therewith. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of City.
10. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure
at its own expense, personnel required to perform the services under this Agreement.
Such personnel are not employees of, nor have any contractual relationship with the
City. CMAR acknowledges responsibility for all federal, state, and local requirements for
employers that apply to CMAR.
11. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement is solely and exclusively for the benefit of the City and CMAR and not
for the benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed
exclusively to the other party to the Agreement and are not intended to create any rights,
contractual or otherwise, to any other person or entity. The doctrine of respondeat
superior shall not apply.
12. INSURANCE. CMAR shall, during the performance
insurance with the following requirements:
• The City shall be shown as an Additional Insured
Compensation and Professional Liability.
of the Agreement, keep in force
on all coverages, except Worker's
� These certificates shall require that coverage afforded under the policies will not be
canceled unless at least 30 days prior to cancellation written notice has been given
to the City. The policy in existence is to read as the certificates read.
• The insurance company used by CMAR must be licensed to do business by the state
of Texas, and have an A.M. Best rating of "A -, VII" or higher except in the worker's
compensation category.
• The Certificates of Insurance, and any subsequent renewals, shall reference the
Project.
• Required Coverages:
■ Statutory Worker's Compensation
■ Employer's Liability:
CFW CMAR AGREEMENT — HEMPHII,L Page 5 of 13
- Bodily Injury by Accident -$100,000 each accident
- Bodily Injury by Disease -$500,000 policy limit
- Bodily Injury by Disease -$100,000 each employee
- If self-insured, proof of filing with the State of Texas and secured, se1
aside funds shall be required.
■ General Liability
-$1,000,000 Limit of liability per occurrence for bodily injury and property
damage
■ Automobile Liability Insurance
- $1,000,000 limit of liability per occurrence for bodily injury and property
damage. Coverage to include all owned non-owned and hired vehicles.
■ Professional Liability Insurance with $1,000,000 limit.
Within ten days after execution of this contract and during the entire period of CMAR
responsibility under this contract, CMAR shall maintain professional liability
insurance as provided herein. CMAR shall file with the City the certificate from an
insurance company authorized to do business in the State of Texas showing
issuance of professional liability insurance (errors and omissions insurance).
13. DUTY TO PAY PREVAILING WAGE RATES. The CMAR shall comply with all
requirements of Texas Government Code Chapter 2258, (Chapter 2258), including the
payment of not less than the rates as determined by the City Council of the City of Fort
Worth on October 29, 2013, and unless subsequently revised prior to establishment of
the GMP shall be the minimum prevailing wage rates to be paid by CMAR and/or its
contractors in accordance with Chapter 2258. Such prevailing wage rates are included in
the Construction Documents.
14. OWNERSHIP OF WORK PRODUCT. CMAR shall maintain detailed records of its
Services relating to this Agreement and upon completion of the Project, such records,
including all accounts, bills, vouchers, associated documentation and estimates relative
thereto, become the property of the City. If the City should reuse the Project's
information, it shall assume full responsibility therefor.
15. TERMINATION. The City may terminate this agreement at any time by providing a thirty-
day notice to the CMAR. If this Agreement is terminated, CMAR shall be compensated
for work actually perFormed and expenses incurred plus any profits earned up to date of
termination. Notice of termination shall be given by the City through certified mail, return
receipt requested, to the principal office of the CMAR. The effective date of termination
shall be 30 days after the date of receipt of the notice.
16. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of
CMAR's experience and qualifications and represent CMAR's best judgment as a
qualified professional familiar with the industry.
17. INDEMNIFICATION. CMAR COVENANTS AND AGREES TO, AND DOES HEREBY
ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN
EXPENSE, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND A�L CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE WORK TO BE PERFORMED UNDER THIS AGREEMENT,
WHETHER OR NOT CAUSED lN WHOLE OR /N PART BY ANY ACT, OMISSION OR
NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS,
CFW CMAR AGREEMENT — HEMPHILL Page 6 of 13
EMPLOYEES, LICENSEESOR lNV/TEES OF C/TY. CMAR LIKEWISE COVENANTS
AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS
FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO
PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE WORK TO BE PERFORMED UNDER THIS AGREEMENT,
WHETHER ARISING OUT OF OR lN CONNECTION WITH OR RESULT/NG FROM, /N
WHOLE OR lN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR /NVITEES. THE
INTENT OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY
FOR ITS SOLE OR CONCURRENT NEGLIGENCE.
18. SURETY BONDS. The CMAR shall, within ten days of the final execution by the Parties
of this Agreement, deliver to the City a letter from CMAR's surety acceptable to the City
to ensure that the CMAR is able to furnish the required performance and payment bonds
when a guaranteed maximum price is established and as a condition precedent to the
City issuing of a Notice to Proceed with the Construction Phase of this Agreement.
Payment and Performance Bonds when issued for the Construction Phase Work shall
be on a form acceptable to the City and in compliance with Texas Government Code
Chapter 2253. The Payment and Performance Bonds shall name the City as obligee,
and shall each be in a penal sum equal to the GMP.
Maintenance Bonds, valid for two years from the substantial completion date of the
Work, in the amount of the GMP shall be provided by the CMAR on or before the final
acceptance of the Work by the City on a form acceptable to and in the name of and in
favor of the City.
All payment, performance and maintenance bonds issued shall be provided by a surety
in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that
are at the time if issuance in default or delinquent on any bonds or which are interested
in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the CMAR to that effect and
the CMAR shall immediately provide a new surety and bonds satisfactory to the City.
19. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in
any fiscal year following the City's fiscal year in which this Agreement begins and the
City Council fails to appropriate funds to make the payments, then this Agreement
automatically terminates at the beginning of the first day of the successive fiscal year for
which funds were not appropriated, and the City shall not be obligated to make or have
any liability to the CMAR for the payments.
20. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with
the Project, except suits or claims by a third party against the City arising out of alleged
errors or omissions of Design Engineer or CMAR, the City shall provide additional
compensation to CMAR based on actual cost.
ARTICLE 9— THE CITY'S RESPONSIBILITIES
The City shall:
1. Upon request from CMAR, provide all criteria and full information as to its requirements
for the Project, including design objectives and constraint, space, capacity and
perFormance requirements, flexibility and expandability, and any budgetary limitations;
CFW CMAR AGREEMENT — HEMPHII,L Page 7 of 13
and furnish copies of all design and construction standards which the City will require to
be included in the Project's design.
2. Designate a person to act as its representative with respect to the services to be
rendered under this Agreement for Pre-Construction Services. Such person will have
complete authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to CMAR services.
3. Furnish to CMAR all non-confidential technical data in its possession which it may
lawfully release, including but not limited to, maps, surveys, drawings, soils or
geotechnical reports, and any other information required by CMAR, all of which may be
used and relied upon in perForming services under this Agreement.
4. Arrange for access to and make all provisions for CMAR to enter upon public and private
property as required for CMAR to perform services under this Agreement.
5. May examine all studies, reports, sketches, estimates, and other documents presented
by CMAR.
ARTICLE 10 — AMENDMENTS
This Agreement may only be amended in writing, agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and CMAR
with respect to the subject matter of this Agreement and supersedes all prior understandings,
negotiations, representations or agreements, either written or oral contracts between City and
CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of
City and CMAR and their respective successors and assigns.
ARTICLE 12 — GOVERNING LAW & JURISDICTION
Arbitration will not be allowed on this Project. The terms of the Agreement shall be construed
and interpreted under, and all respective rights and duties of the parties shall be governed by,
the laws of the State of Texas, without regard to its conflict of law provisions. CMAR hereby
submits to the jurisdiction of the Texas Courts and will obtain and maintain an agent for service
of process in the State of Texas. Neither party will bring any action against the other party
arising out of or relating to this Agreement in any forum or venue except in Tarrant County,
Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division.
CMAR irrevocably waives any present or future objections to such legal action and irrevocably
waives the right to bring any legal action in any other jurisdiction.
ARTICLE 13 - SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this agreement.
CFW CMAR AGREEMENT — HEMPHIL,L Page 8 of 13
ARTICLE 14 — WAIVER
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall
condition or any
breach occurred.
not be deemed to be a waiver of any other breach of that term, covenant or
other term, covenant or condition of this Agreement, regardless of when the
ARTICLE 15 — HEADINGS
The headings in this Agreement are inserted for reference only, and shall not define or limit the
provisions hereof.
ARTICLE 16 - NOTICE
All notices required herein shall be addressed to City as follows:
Mr. Michael Weiss, P.E.
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Michael.Weiss@fortworthtexas.gov
817-392-8485
All notices to CMAR shall be addressed as follows:
Jerry Mayer, P.E.
McCarthy Building Companies, Inc.
12001 N. Central Expressway, Suite 400
Dallas, TX 75243
jmayer@mccarthy.com
972-991-�500 ext. 5�265
BALANCE OF THE PAGE INTENTIONALLY BLANK
CFW CMAR AGREEMENT — AEMPHILL Page 9 of 13
Executed and effective as of the last day executed by a duly authorized representative of each
Party hereto in three counterparts, each of which may be deemed an original.
CMAR
McCarthy Buil
By:
Name: �*�.��,
Title: '� ��-� � �
i
Date: � �� / Q �
By City:
Approved as to Form and Legality
CITY OF FORT WORTH:
� ��-� By: (....�L---
Fernando Costa
Assistant City Manager
Date: 6 30 /4
Recommended:
� �
� � -�� ' , ��
V Douglas W. Black
Assistant City Attorney
M&C: � L � � l `j
Date: 1 ��- Z Z- I 3
�J, c�J
Douglas 1GV. Wiersig
Director, Transportation
Works Department
ATT��T:
� �o���,� ' '�
�. � �
-�,.� �g� � �'� f --%-� �� � ,-��
�9 `°o \
0
� °n�000
��� �
�� .�`�'
v°
,� ,��
ary`J. Kayser
ity Secretary
,�:
; ;a .. `�c � ' 1
z � F M.
�L � -
ies, Inc.
►,����
t
,
. .•
Public
-�/ � i�� i
CFW CMAR AGREEMENT — HEMPHILL Page 10 of 13
ATTACHMENT A
PreConstruction and Construction Phase Services
CFW CMAR AGREEMENT — HEMPHILL Page 11 of 13
1 � � ■ll_\ �
1.
PRE-CONSTRUCTION PHASE SERVICES SCOPE OF WORK
The Preconstruction Phase Services will include:
1. Provide a Project Manager, ail Key Personnel and all other associated
personnel necessary to fully meet the CMAR obligations for the
Preconstruction Phase Services; In providing such Pre-Construction
Phase Services, Contractor does not assume any responsibility for design
errors, omissions or inconsistencies.
2. Consult with, advise and provide recommendations to the City and the
Design Engineer on all aspects of the planning, design, and proposed
construction and drawings and specifications;
3. Provide constructability review and consult on constructability issues in
the development of the 90% final design review plans and specifications,
including recommendations on design packaging to advance
construction, material availability and independent quantity calculations to
verify quantities provided by Design Engineer;
4. Provide list of additional details needed on 90% final design review plans
that would be needed to complete the project in the allotted time or to
accelerate aspects of the work;
�
6.
7.
Project Manager, Estimator, Scheduler and Superintendent along with
any other necessary personnel shall attend review workshops with the
City TPW and Parks Departments, TxDOT, UPRR, The-T, and Design
Engineer at the 90% final design review milestones, assume each
workshop is one complete eight (8) hour day;
Provide on-going value engineering review, including written reports and
recommendations on the 90% final design review, as applicable;
Identify, evaluate and propose cost-effective alternatives;
8. Develop independent detailed construction cost estimates for the Project
and Critical Path Method schedules at the 90% final design review
milestones;
9. Provide monthly project planning and scheduling report (using critical
path method) to minimize the construction impact and prepare cash flow
analyses for both the design and construction phases;
�
11
12.
Identify long-lead equipment procurement needs and submit a report to
the City;
Identify, evaluate and recommend elements of the Project that may
require less than 100% design;
Make recommendations to the City regarding the division of the Work to
facilitate bids and proposals for the major elements of the Work;
13. Advise the City of ways to gain efficiency in Project delivery;
14. Provide a complete, detailed, written GMP proposal including line item
cost breakdowns with conditions, assumptions, and CMAR contingency;
15
16.
Provide a construction emergency response plan;
Prepare and submit a construction site safety plan;
Attachment A— CFW CMAR AGREEMENT — HEMPHII,L Page 1 of 4
17. Develop, implement and maintain a
assures conformance to every section
QA/QC program to ensure continuing
installation of error-free work;
quality management plan that
of the specifications. Develop a
attention to the production and
18. Provide an environmental management plan detailing programs for a
storm water pollution prevention plan and handling other environmental
issues (dust, on site chemicals and fuel, etc.) required to comply with
permits and regulations applicable to the Project;
19. Incorporate the City's standard specifications and provisions relating to
quality, safety, community, and environmental factors. (This pertains to
the construction phase general conditions contract and applicable City
standards, requirements, and ordinances as relating to quality, safety,
community, and environmental factors);
20. Schedule all Project construction related activities;
21. Identify Work which the Proposer intends to self-perform. Identify and
recommend which work, if any, should be procured through value based
competitive selections, in lieu of low bid;
22. Identify and recommend Early Works Packages;
23. Provide monthly progress reports;
24. Participate in one Project kick off ineeting for Preconstruction Phase
Services;
�5. Participate in up to 10 additional meetings or workshops with the Design
Engineer, Owner or others as needed;
26. The CMAR's Preconstruction Phase Services shall include, in addition to
preparation of the Plan described below, a general outreach program to
MBEs or potential MBEs to educate the MBE community about the
project and raise awareness of the opportunities to bid on preconstruction
phase services; and
2. CONSTRUCTION PHASE SERVICES SCOPE OF WORK
Construction Phase Services will include the following:
1. Under the relevant state laws, including Local Government Code Chapter
252 and Government Code Subchapter F, Chapter 2269.251 et seq.
(each as may be amended), solicit and publicly conduct trade contractor
or subcontractor bidding and proposals for all major elements of the
construction work estimated at greater than $50,000.00, and for material
suppliers for the Project, unless incorporated above or otherwise
exempted;
2. Discuss Project with subcontractors and material suppliers to determine
work-loads, bonding capacity, and worker/mechanic availability;
3. Review and monitor the final design and suggest equipment, materials
and systems for selection;
4.
5
Review construction emergency response plan with City and sub-
contractors,
Review construction site safety plan with City and sub-contractors;
Attachment A— CFW CMAR AGREEMENT — HEMPHII,L Page 2 of 4
�
Prepare the Bids/Proposais packages for the elements of the Work which
must incorporate the requirements of the Contract;
7. Develop and submit recommendations for the award of the subcontracts
to construct the Project;
8. Participate in one Project kick off ineeting for Construction Phase
Services;
9. Performance of the construction portion of the Work in strict accordance
with all applicable Contract Documents;
10. Coordinate and manage the Work that includes all required
appurtenances, necessary site improvements, and all other work required
to make a complete and operable system within the Guaranteed
Maximum Price and within the contract time agreed upon by the CMAR
and the City;
il. Coordinate with various local and state agencies, as necessary;
12. ' Arrange for procurement of materials and equipment;
13. Manage all procurement and construction-related subcontracts while
meeting the City's requirements for procurement of subcontractor and
supplier bids or proposals, including compliance with the MBE goals.
This effort includes inspection of the Work performed by subcontractors to
ensure conformance with the Contract;
14. Monitor and maintain quality controls over shop drawings, equipment and
materials, implementation and Work;
15. Provide Performance Bond, Payment Bond, and 2-year Maintenance
Bond(s) as detailed in this Agreement;
16. Provide insurance for Construction Phase as detailed in this Agreement,
and also naming the Fort Worth Transportation Authority as an additional
insured;
17. Implement the construction site safety plan to provide a safe working site
for the Project, maintain, update and implement as needed the
emergency response plan;
18. Conduct a Pre-Construction Meeting with all the contractors, sub-
contractors, inspectors, TxDOT, UPRR, The T, and other entities
perforrning major elements of the work prior to the start of their work
activities,
19. Obtain any necessary construction permits and meet all requirements of
TxDOT, The T, and UPRR;
20. Manage storm water runoff and dust;
21. Establish and implement procedures to track, expedite and process all
submittals, change orders, and requests for information;
22. Review and process shop drawings and other submittals for submission
to Owner for City approval;
23. Establish a Critical Path Method schedule for the Project, monitor and
update the construction schedule monthly, prepare three week look
ahead work schedules consistent with overall schedule;
24. Review and process all pay request applications from subcontractors
using the City's standard specifications and provisions;
Attachment A— CFW CMAR AGREEMENT — HEMPHII,L Page 3 of 4
25. Conduct monthiy progress meetings with the on-site trade foremen or
superintendents;
26. Attend monthly meetings with City Staff, inspectors, TxDOT, The T,
UPRR, Design Engineer and other entities and provide written monthly
progress report and updated schedule;
27. Maintain current hard copies of Project as-built drawings, including all
subcontracted work, and submit in hard copy, PDF and electronic format
specified by the Design Engineer monthly;
28. Expedite and coordinate delivery and installation of Owner-procured
material and equipment, as applicable;
29. Maintain strict enforcement of Owner's or other applicable prevailing
wage requirements,
30. Update and revise the Operation and Maintenance
the Design Engineer as necessary;
31. Supervise and manage the warranties provided
equipment and construction work;
Manual developed by
to the City for the
32. Receive warranty/guaranty Work items from the construction contractors
and subcontractors and provide same to Owner upon Final Completion of
the Project, or at a date negotiated by the Parties;
33. Conduct a final walk-through with the City TPW and Parks Departments,
TxDOT, UPRR, The T, and Design Engineer at the completion of
construction and 20 months after acceptance regarding the two-year
warranty;
34. Implement close out procedures necessary for the City to accept the
Project as being finally complete; provide lien waivers from all
subcontractors and material suppliers;
35.
36.
Complete all Construction Phase Services and Work;
Prepare a final report on all construction costs.
Attachment A— CFW CMAR AGREEMENT — HEMPHII.L Page 4 of 4
ATTACHMENT B
CIIAAR'S WRITTEN PROPOSAL
CFW CMAR AGREEMENT — HEMPHII,L Page 12 of 13
� �rs
Y�'f��: _ k� �.
�� . ,. �'. -a. --- � -r �•..-�--�. . . � , - -- � '� �� i �,S �--- : .. -_ .
S�t ' - — f�r(L
y � �. 4 -' .* ;'�ii . - � . , � � !.I
i.� �4-�"-'Fi - .a.- i.�,. \,, '4 � -.Q�
i,- w�.--'�"•. �
. .J+, �,�.��,�- , . .�# � ,`y -- '� . .. _. � .-.
�� , -- � s�, .:'', i's';,E ' t
� , .. � f . �� r_
i , �, _� - _ � ' - - -
� �:���� ..:� ti .
�- ,` ;�, - _
�; , � . .� �
. . ` � r � � � �� { f �� .+ '� ,
� ' �`�.�' � . rf - ��-' i
} � � °i. \ , - - ' ,� `' - _ .. , i
� . � ' - � t I ��.,,+. �' � r: R � z` �� .�� . _ ' ��,�i�` -
� � - ,� , , . � l �.�,, ;� - _ , �� :���.�� i_ �
` � . ?p , �f�r� I. � �
_�,�, .�-a: _4 � + �. i \ . t � } �.`. ✓��., 4 � ` :►r' � � �n+� , ��!
��=-1-, .._.`y�`� ,�''•��.�1�.• �. �.� k ��� _ -- � _ -�.
x'; . �i"`��.:-`- q� {'��4 �f.r�. `� _ �^ ' �rv� ,_'�, � - .�,. '"r:��.
._ ��� �� � �� � �� - � �
+ti't`' �,� t'a•.' i�,?,, � _
. � ,1 ��� �� �4 . - �Sp C . -�
- .. . . :� . - - i � � �1� �� , . _ • '
�i �'��'+ ..� ���i"� _ � �'
� � - . .�"' -.s
� � � ��� � �
���-.:� f � � -. - �-.-�f � •: •4�t�� __ � �, _ �j - � +�' f,.� -
- - �
�
i.` , � �
�
f I
� ��h
= 1���' � . �,•
..� � �`�i.�
. - ��_ , .����
r'�
y _ �a+-a�� �l
,� -- ;
� . ����
�� ,
j ';_1�� t (�y�� - � __
... �-\. �.✓`� .t�T�F;�
� ' _ . � � � � �. hl � 'r- � 1
� . f. , 4
.. . -. 1 f�.�
' _: 1� _ _ —_= d 't. 'L -'
�RT ORTH
une 20, 2013 �
�
�,
u g
,
�'.
:
- �
__ �'
!r�`,
a.
�
�. -
;'' �\�.
y
4 :
•.' �:
.:�
� Atil
' � ;�
�'-. R � L � �.�
_ - ���Z . � -•�, �'�`�
<,
�
� .#
�`_ - y ^�`
� �
S �'�
� .��,
�
�'.•. �
•� � ':'�-
�`� �_ , �K j
� '"��_ �` �
��.. ��\��,. �.
�.. `-' �;`�
TABLE OF CONTENTS
�
}_
�;..
r' � �
.:_ ' __
_;� �
;�
,
; , ';
,� -
���
`- -�
�. .
f�.-
�� ��
�
�� ���
�.
S : ,
f
�. �
�
�
��'�"°
s �
� A �. �� • -
§'.
� ��S"�c'�i �. .
_r� � �
o E��-;,w::
� ���
- �' r _�
_ i ;� ' � ,' ,� .' t '
_, � _ Y��` s i 1 ` '
�. , . c. �;,.
-,.
a=:. r ' �....
�' ( �. ..sr 4 � .
� ,� , -.
-�
.� _ . �.
r , � .z- �.5
. . 4� \ '-: F ` J' ' I i ^ , �. 1
{ �-: • � ��.:r . y .
_`� - _ _ � , f ' �� _ :� �'� '
,r �,�-� � Y*� �.tr --s"_ 4— . , -_ ' .
_ ��,��
'' ��.� }�.�. . . � -
_".;�- -. - f
,�-: �.,,,���� �� _
. � . �� �,�� - j .
;:;.� -�, �,��: . - _�, r
FORT WORTH
City of Fort Worth Hemphill Street - Lancaster Avenue to
Vickery Boulevard
SECTION 1 - Cover Letter
SECTIQN 2 - �orms and Certifications
SECTION 3- Proposer's Corporate Experience and
Financial Stability
SCCTION 4� - Pricing of CMAR Services
�FCTION 5- Qualifications and Experience of Key
Personnel
SECTION 6 - Project Approach
SECTION 7- Compliance with the Business Diversity
Enterprise Ordinance - Minority Business
Enterprise Participation
APPENDIX
- Resumes
CITY OF FORT WORTH HEMPHILL STREET
�
�':
P:.
�,,'� � �,
� ._� '',
.r
�' _ j!'i `�
.� �
� �•
� ��
ti.�.. '�_
Y ;�
rt_;':s.- _ .
+� , � "�'�*;,
__ v�ti,�i., _
"�_` �
���
" ��_ ,.
.
�t� �'
a
� ,.
+, � ,
1:� #`� ��
r-
}- .
� -..
;i , - ,
.
� . i �- � `�r�_ �'
i.� � 7 i ��. �.
t
-;.�'F= °� ' �
�-.�� ?"� �-t.
'"�, � 'F`� '�'
_ �
.;���s� •� £,}.
' � �' �1
I ' ,�,�_::�:i';-�
. ,.#.
:,;'':�t,.-, A :, �
�r,s�
� : �t�tt
- �,9. - � � ,r� i�.
- - . 4 ` ' . t.'t
� .
_ • �.be�,r': �c:,
� 1 � P��1��� D � (� �h �� -.
r � f �t
! i / n � , ;L
^+i ' - ' i��
;'?�R-..s .�.,��
�*� �:�� `�-.`�� Y. `.{
, _ . r.
_ . _ ___ _ _ _ _ _ _ ___ ___ . _ _ __ - -- _
_ __ ___ _
Mr. Michael Weiss, P.E.
Fort Worth Transportation and Public Works
1000 Throckmorton Street
Fort Worth, Texas 76102
June 20, 2013
RE: Hemphill Street, Lancaster Ave. to Vickery Blvd - CMAR Proposal - CIP Project No. 00141
Dear Mr. Weiss,
Congratulations to the City of Fort Worth TPW Department for taking this step into alternative project
delivery. We understand the challenges you face in executing your first CMAR transportation project.
A successful project will require a collaborative team of professionals with proven CMAR capabilities
and significant experience in constructing road and bridge projects.
McCarthy Building Companies, Inc., is offering the City a contractor-led team of seasoned profession-
als with extensive CMAR and transportation experience, as well as a track record of national award-
winning construction successes.
Our team is excited for the opportunity to serve as CMAR for the Hemphill Street project. We are
committed to working with the City of Fort Worth and Transystems Corporation Consultants to deliver
this project on budget, on schedule, and more importantly, in a collaborative manner that will help
you realize the full benefits of the CMAR process.
McCarthy is bringing a true team of highly qualified CMAR construction professionals to this project.
Our proposed Project Executive, Project Manager, Superintendent, and Project Quality Engineer are
all currently working together on a nearly identical roadway underpass project. With these existing
relationships, McCarthy's team is well suited to hit the ground running on this project. No other team
wil/ be able to bring more immediate, directly relevant experience than McCarthy.
It's not just the McCarthy Team's depth of CMAR project delivery experience and resources that make
us stand out as the right choice. Our excellent safety record, financial strength, and bonding capacity
lend added assurance to this project's success. Thank you for your consideration, and we look forward
to introducing our outstanding CMAR team to you in person.
McCarthy acknowledges receipt of Addendum No. 1, dated May 28, 2013, Addendum No. 2 dated
June 4, 3013, and Addendum No. 3 dated June17, 2013. This proposal is valid for 90 days from
June 20, 2013.
Sincerely,
Kurt Knebel
Vice President, Civil Operations
McCarthy Building Companies, Inc.
WWW.McCARTHY.COM 12001 N CENTRAL EXPY, SUITE 400 DALLAS, TEXAS 75243 T:972.991.5500 F:972.991.9249
_�
�
? r;
,�' �,
-�' �+{
+� �
�'
.. . � �" _...
� �_ �
S � ". -i�
� ��
.. .. ..-_ . _�� __._ '�if....
r �- �
�� � �
� .
�
'+4$5 r : . i i
e:,._ . . �
. �`-_;�
_� �
� —s„ -
��?'g ` �� i �,,., _ ` �,
�" .�`"., ;---
x � �,i.� .�.�
,� ' �!tq' � �'
`�za?��..',�r��•-�,�' *"_-''��4
� � ��—�
p-i '� �-'� _�� _ ' - ..
� .�..�� �.' �.: S.`�k, "�
�, �� =ti��-�J�.
� = �'bi 6._= _���
��i �_ _��'C'+ „7,�-�. , �.lL
����'_ . , .
���1�y� -- � f. �. , � . . .
S.'•6 � _��r. � _ . .. �.�i'�.;� � -
� = c
� �� �� 9�� rg
^� � fi4 + ��� } 4 1 F� ��
�� tF
Tr�'t�z a h k �
}��'�i� �` ,ne- �
t 5 i C
� � J
RESUMES
25 total years experience
FDUCATION
FORT WORTH
KUR i FZI�EBEL
Project Executive
Kurt Knebel's primary focus will be project management, oversight and leadership
of the project team. A 25-year veteran of the civil construction industry, Knebel
possesses extensive construction and management experience with large transpor-
tation, civil, and infrastructure projects.
Relevant Experience
Texas A&M Weliborn Road Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
TexasA&M University Cameron County West Rail Relocation - Brownsville, TX; $24.6 million, railroad
Bachelor of Science,
Civrl Engineering bypass and international bridge consisting of bridge deck, rail, ties, ballast, beams,
Construction Management girders, abutments, piers, drilled shafts, and including a levee access road, road-
way improvements, culverts, grading, a Department of Homeland Security facility,
REFEf�ENC�S SWPPP, wetland mitigation, vegetative buffer area, signing and striping.
Name: Chris Masters
DART Assistant Vice Presi-
dent-Program Delivery
Phone: 214-749-3170
Email: CMastersQdart.org
Name: Paul Williams, P.E.
TxDOT Area Engineer
Phone: 214-320-6240
Email: PauI.WilliamsQtxdot.
gov
Name: David Lott, P.E.
TxDOT Area Engineer
Phone: 214-319-6502
Email: David.Lott@txdot.gov
UTSW Medical Center William P Clements Jr. University Hospital Overhead
Connector Extension - Dallas, TX; This CMAR bridge project includes precon-
struction and construction of 2,000 LF of elevated roadway consisting of 2
twelve-foot lanes and a ten-foot sidewalk, bridge connection to the existing over-
head connector, and 75 LF of overhead walkway from an existing physician office
building to the new overhead connector, and a covered or enclosed walkway from
the existing physician office building to the University Hospital.
IH-30 reconstruction - Rockwall, TX; $150 million, widening of a freeway facility
consisting of excavation, embankment, grading, base, bridge construction, asphalt
paving, concrete paving, signing and illumination in Dallas and Rockwall Counties.
Bridge structure included marine work required to build two bridges over lake Ray
Hubbard.
NTTA DNT Extension, Lemmon Ave to Oa4� Lawn - Dallas, TX; $60 million, con-
struction of 6 miles of highway consisting of excavation, embankment, drainage,
asphalt paving, concrete pavings and bridge construction.
SH-66 Reconstruction - Rowlett, TX; $55 million, construction of 5.8 miles of
highway consisting of excavation, embankment, grading, base, bridge construction,
asphalt paving and concrete paving in Dallas County.
I H-30 Reconstruction - Garland, TX; $55 million, widening of a freeway facility
consisting of excavation, embankment, grading, base bridge construction, asphalt
paving, concrete paving, signing and illumination in Dallas County.
I H-27 - Lubboc4< County, TX; construction of a freeway facility consisting of exca-
vation, embankment, grading, base bridge construction, asphalt paving, concrete
paving, signing and illumination in Lubbock County.
SH-45/IH-35 Intersection Mainline and Turnaround E3ridges - Roun
New construction and widening of a freeway facility consisting of
embankment, grading, base, drainage, bridge construction, asphalt
d Rock, TX;
excavation,
paving and
�' CITY OF FORT WORTH HEMPHILL STREET
:a
CARELR SUNIMARY
RESUMES
cnR�LR sulVli��iiii��r
13 years with McCarthy
13 total years experience
Previous positions
at McCarthy:
Project Superintendent
Asst. Project Superintendent
Project Engineer
EDUCATION
Texas A&M University
Bachelor of Science,
Construction Science
REFERENCES
Mr. Brian Nicholson
Baylor University
254.710.8242
Mr. Kenny Krishnan
TXDOT
972.479.9747
FORT WORTH
��1RIS F�ELLY
Project Manager
Chris will have complete authority to represent McCarthy during the project and
respond to the day-to-day needs of the City. He will manage all aspects of the
project and provide overall direction to the preconstruction and construction effort.
Relevant Experience
Texas A&M Wellborn Road Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
Dallas County, Beltline Ro�d, Irving, Texas; $23.6 million total reconstruction of
Beltline Road from Hunter Ferrell Road at the south end to Oakview Drive to the
north. Reconstruction of 2.3 miles of Beltline Road.
Dallas/Fort Worth International Airport Auto���ated People Mover Guideway, DFW
Airport, Texas; $29 million CMAR, Elevated concrete superstructure for the APM
System at Terminals E and F. Elevated guideway sections were 60 feet above
grade and all concrete was cast in place.
Dallas/Fort Worth International Airport Automated People Mover Guideway, DFW
Airport, TX; CMAR 2,500 lineal foot of guideway and two 4-story concrete tram
stations for Automated Elevated People Mover Guideway section at Terminal D.
The Headquarters for Blue Cross and Blue Shield of Texas - Richardson, TX;
$182 million CMAR 1,050,000 sf headquarters campus including 15-story
and 7-story office towers with a 3,600-car parking structure. This project is
LEED Registered, awaiting LEED Silver Certification. Winner of the TEXO 2010
Distinguished Building Award of Merit.
Mr. Bob Browning Baylor University East Campus Par4<ing Facility, Waco, Texas; $9.6 million,
K�c 4-level, 1170-car, 360,896 sf design/build precast concrete Parking Garage.
214.696.1700 Winner of the 2004 ABC North Texas Excellence in Construction Award.
Mr. Bill Chabot Nortel Networlcs Phase I I I, Richardson, Texas; $37.5 million CMAR, 297,923 sf,
Texas Department of 7-level office building with a 763-car and a 845-car parking structure. Winner of
Transportation the 2001 ABC North Texas Excellence in Construction award for Commercial proj-
972.479.9747
ect and Melvin McCarthy award winner.
California State Prison Delano II BP 3, Delano, California; $124.3 million,
861,000 sf prison facility. Project included sixteen 50,203 sf housing units con-
taining 128 cells in each unit, two single-level administrative segregation housing
units totaling 27,547 sf, consisting of 100 cells each, as well as fourteen guard
towers measuring 169 sf each.
�' CITY OF FORT WORTH HEMPHILL STREET
�
RESUMES x
1 years with McCarthy
26 total years experience
EDUCATION
Computer Learning Center
Network Engineering and
Management
Texarkana College
M�CARTHY
FORT WORTH
JO� ��RCIA
Project Superintendent
Joe will lead the field team as General Superintendent. He will coordinate and
inspect the work of various subcontractors and self-perform labor on the project.
His emphasis is on the actual construction work as opposed to the documentation
and submittal process. Although the entire McCarthy staff pays continuous atten-
tion to the quality and workmanship of the construction operations, quality control
and safety are Joe's main focus during the project. Monte brings 34 years of con-
struction experience to this assignment . He will be On-Site 100% of the time dur-
ing construction.
Relevant Experience
Texas A&M Wellborn Road Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
1�33A Phase I I- Ceda�� Park, TX; $76 million, 500,000 sf of bridge deck, 750,000
cy of excavation and embankment, 310,000 sy of concrete paving. Project
includes 5 miles of new toll road including overpasses, cross street bridges and toll
facilities.
Manor Expressway, Phase I- Austin, TX; $53 million, 500,000 sf of bridge deck,
150,000 cy of excavation and embankment and 70,000 sf of concrete paving.
I-30/Loop 45 - Texarl<ana, AR; $37 million, 4 miles of new roadway from Loop
245 north to I-30. 1,860,000 cy of embankment, 500,000 cy of excavation,
4,000,000 cy of structural steel.
Section 6 on 45 Toll Road - Austin, TX; $32 million.
I-35 at University - Austin, TX; $11 million.
CITY OF FORT WORTH HEMPHILL STREET
. 1
CAREER SUMMARY
,��
FORT WORTH
Ll�l� L�IS�IOP
Project Quality Engineer
Lisa will be on-site 100% for the duration of construction to support Chris and
handle many of the Project Administration duties, including project accounting
and cost control, and RFI and submittal management. She will support Joe in
managing the Quality Control process, she will lead the pre-installation meetings
with all subcontractors to ensure quality control standards are met for the project.
CAREER SUMMARY Relevant Experience
5yearswith McCarthy Texas A&M Wellborn Road Uncier��ass, College Station, Texas; $25 million
11 total years experience construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
EDUCATION fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
University of Arkansas, Little
Rock
Bachelor of Science,
Construction Management
LICENSES
Associate Constructor
Certification
REFER[NCES
DART.TRE Beltline Grade Separation - Irving, TX; $46.2 million, two-phase con-
version of an at-grade, single line rail into two elevated railroad lines for the Trinity
Railway Express (TRE) in the City of Irving. Designed to eliminate the at-grade
traffic conflict between train and automobile traffic at three key intersections in
Irving, the project consists of 122 spans totaling over one and one-half miles long.
State I-lighway 5- Melissa, TX; $6.2 million replacement of bridge and approach-
es, etc. Project consists of grading, structures, drainage, lime treated subgrade,
asphaltic concrete pavement, signing and pavement markings, etc.
Mr. Barrett R. Atkins
North Texas Municipal Water District RegionalWater System Water Treatment
DART-Senior Manager Plants, I, I I, I I I, and IV Ozonation - Wylie, TX; $116 million addition of two ozone
Facilities Construction generation buildings, eleven ozone contactors, and other associated upgrades.
214.749.2765
Tarrant Regional Water District Richland Cl�ambers Wetlands - Streetman, TX;
$41 million CMAR, 1300 acre expansion to wetlands area including three sedi-
mentation basins, 13 additional wetland cells, bypass channel, conveyance canals,
raw water pipeline, upgrades to lift station and mechanical/electrical upgrades to a
pump station.
Dallas Independent Scliool District - Wilmer Hutcliins High Scf�ool - Dallas, TX;
$24.1 million, 189,500 sf high school and stadium renovation.
Dallas Independent Scl�ool District - Bid Pacl�age #3 - Dallas, TX; 12 million,
DISD Bid Package #3 includes renovations at four elementary schools including
Annie Blanton, Nancy Moseley, Richard Lagow and John W. Runyon. Renovations
will include new exterior windows, kitchen/cafeteria additions, site improvements
and MEP upgrades. In addition, a new 27,000 sf wing composed of (12) class-
rooms will be constructed at Nancy Moseley.
�. CITY OF FORT WORTH HEMPHILL STREET
�
RESUMES
CAR[ER SUMMARY
1 Year with McCarthy
16 total years experience
FORT WORTH
�I���f1�lY S{�/�W
Preconstruction Manager
Jeromy will oversee the development of all project cost estimates and other pre-
construction deliverables. He will develop our initial budget and cost model and
lead the development of the GMP for the project.
Relevant Experience
Texas A&M Wellborn Roacl Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
EDUCl�TION UTSW Medical Center William P Clements Jr. University Hospital Overhead
TexasA&M University Connector Extension - Dallas, TX; This CMAR bridge project includes precon-
Bachelo�ofScience, struction and construction of 2,000 LF of elevated roadway consisting of 2
Construction Engineeringand twelve-foot lanes and a ten-foot sidewalk, bridge connection to the existing over-
Manangement
head connector, and 75 LF of overhead walkway from an existing physician office
building to the new overhead connector, and a covered or enclosed walkway from
the existing physician office building to the University Hospital.
Denton County SH 121 - Denton, TX; $102 million, expansion from Standridge
Drive to Dallas North Tollway.
Bexar County IH 10 - San Antonio, TX; $62 million, reconstruction from Vance
Jackson to Culebra.
Southwest Parkway Section 2B - Fort Worth, TX; $56 million, construction of new
bridge over rail yard at Hulen St.
President George Bush Turnpi4<e - Irving, TX; Construction of $29 million highway
in Irving, Texas. Responsible for project scheduling, quantity tracking, material
procurement and management and subcontractor management.
SH 121 Toll Gantries - Lewisville, TX; $20 million, construction of tolling gantries
for new tollway.
Collin County FM 3286 - Melissa, TX; Construction of $20 million, bridge over
Lake Lavon.
Southwest Parkway Section 2C - Fort Worth, I X; $21 million construction of 2.39
miles new six lane tollway from Forest park to Hulen St.
I H-30 - Sulphur Spr ings, TX; $9 million highway overlay project. Responsibilities
included scheduling, tracking quantities and cost, and supervising crews, equip-
ment and subcontractors.
Grayson County SH 289 - Sherman, TX; Construction of new location tollway.
CITY OF FORT WORTH HEMPHILL STREET
.
.. _ �
�
CAR[ER SUMMARY
7 Years with McCarthy
27 total years experience
EDUCATION
Texas A&M University
Bachelor of Science,
Civil Engineering
�-�CcaRrHr�
FORT WORTH
CI�IJ��� S{�Iv�
Lead Estimator
Chuck will support Jeromy and the estimating team. Chuck has 27 years of heavy
civil estimating experience across the state of Texas including treatment plants,
civil work, roads, and bridges. Chuck will be involved in take-off, pricing, value
analysis, constructability reviews, and subcontractor engagement throughout the
preconstruction phase.
Relevant Experience
Texas A&M Wellborn Roacl Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
DART TRE Beltline Grade Separation - Irving, TX; $46.2 million, 2-mile long,
two-phase conversion of an at-grade, single line rail into elevated railroad bridges
for the Trinity Railway Express (TRE) in the City of Irving.
Cameron County West Rail Relocation - Brownsville, TX; $24.6 million, railroad
bypass and international bridge consisting of bridge deck, rail, ties, ballast, beams,
girders, abutments, piers, drilled shafts, and including a levee access road, road-
way improvements, culverts, grading, a Department of Homeland Security facility,
SWPPP, wetland mitigation, vegetative buffer area, signing and striping.
Dallas County, Beltline Road, Irving, Texas; $23.6 million total reconstruction of
Beltline Road from Hunter Ferrell Road at the south end to Oakview Drive to the
north. Reconstruction of 2.3 miles of Beltline Road.
Dallas County IH635 at Towneast Boulevard - Mesquite, TX; $52 million highway
interchange renovation at IH635 and IH30 in Dallas County.
City of Fort Worth Westside Water Treatment Plant - Fort Worth, TX; $47 million
new Membrane Water Treatment Plant with initial treatment capacity of 12 MGD
that includes construction of pre-treatment facilities including ozone contact
basin, rapid mix, flocculation & high rate-sedimentation basins, membrane oper-
ations building, washwater recovery basins, recycle pump station, 2.5 MG stor-
age tank, high service pump station, ozone chemical building, electrical building,
and associated work.
San Jacinto River Authority - Surface Water Facility - Conroe, TX; CMAR $191 mil-
lion CMAR new 30MGD Membrane Surface Water Treatment Plant, Raw Water
Intake and Pump Station sized for the ultimate capacity of 120 MGD.
Tarrant Regional Water District, Richland Chambers Wetlands - Corsicana, TX;
CMAR $45 million CMAR, 1,800 acre expansion to a wetlands area. The project
includes five sedimentation basins, 16 additional wetland cells, a bypass chan-
nel, conveyance canals, raw water pipeline, upgrades to lift station and mechani-
cal/electrical upgrades to a pump station.
MARAD Beaumont Layberth Facility - Beaumont, TX; $34.6 million layberth facil-
ity to berth eight reduced operating service vessels. The design-build project will
consist of two pile supported dock structures and dredging utility infrastructure,
access road and parking.
CITY OF FORT WORTH HEMPHILL STREET
RESUMES
V�: ��
�...-
ti-�.
CAREER SUNI�V�illtl'
��:'`=.
�� '"
16 years with HDR
26 total years experience
EDUCATION
University of Texas at Arlington
Master of Engineering, Civil
Engineering
Texas A&M University
Bachelor of Science, Civil
Engineering
PR0I=ESSIONAL
REGISTRATIONS
Professional Engineer-Civil,
Texas, No. 71211
REFERENCES
Steven Martchencke
Union Pacific Railroad
817.353.7625
SWMARTCHC�up.com
Monte Nicholson
Texas Municipal Power Agency
936.873.1132
mnicholson@texasmpa.org
rLl`
FORT WORTH
��NRII� �CFiULZE, PE
Value Analysis
Dennis will support McCarthy's Value Analysis efforts during preconstruction, and
will attend all Value Analysis sessions with our team and provide additional cost
saving recommendations. Dennis is intimately familiar with the Hemphill project,
and participated in previous three-day long Value Engineering sessions with the
City of Fort Worth and Transystems representatives. McCarthy's staff and Dennis
bring current, ongoing relationships together on rail projects in Fort Worth.
Relevant Experience
UPRR/BNSF, Tower 55 Surface Improvements, Fort Worth, TX; Project Principal.
Mr. Schulze was responsible for the Tower 55 At-Grade Rail Improvement Project
which was designed to enhance the capacity and productivity of a significant
intersection in the national rail network by increasing throughput and average
speeds of freight and passenger trains whose routes intersect at Tower 55 in Fort
Worth, Texas.
City of Fort Worth, Dir4<s Road, Fort Worth, TX; Project Principal. Mr. Schulze
was responsible for providing the Fort Worth & Western Railroad (FWWR) with
engineering services to develop a complete set of plans, specifications, and esti-
mate (PS&E) documents necessary to obtain competitive bids from Contractors
for the construction of surface improvements pertaining to the Dirks Road (East)
roadway improvement project. The segment of FWWR main line track from MP
5.50 — MP 6.00 of the Dublin Subdivision is within Tarrant County, Texas.
City of Arlington/TxDOT Fort Worth, UPRR Overpass of SH 360, Arlington, TX;
Engineering services for the demolition and construction of a new four-track
(UPRR) bridge crossing over SH 360 at Division Street in the City of Arlington.
The design included redesign of a preliminary construction sequencing plan, for
the rail improvements.
Bexar County Rail District, Toyota Rail Design for Bexar County Rail District,
South San Antonio, TX; Mr. Schulze was responsible for the preliminary align-
ment study of an industrial spur from the UPRR Mainline to the proposed Toyota
Facility in South San Antonio, Texas.
Bryan/College Station MPO, UPRR Bryan/College Station Route Study, Bryan/
College Station, TX; This project was for an alternative alignment analysis in the
form of a Major Investment Study to determine the feasibility of constructing a
new or upgrading the existing rail network. This will allow through-freight trains,
local motorists, and pedestrians to travel uncongested through all or part of
Bryan/College Station area between Hearne and Navasota, Texas.
Texas Municipal Power Agency, TMPA - UPRR Build-out from Gibbon Creek SES,
Carlos, TX; Mr. Schulze was responsible for alternative alignment definition, per-
mitting, design and construction of 11 miles of new alignment associated with
the build-out from Gibbons Creek SES to Union Pacific Railroad (UPRR).
CITY OF FORT WORTH HEMPHILL STREET
RESUMES
��.
CAREER SUMMARY
30 total years experience
EDUCATION
Lamar University
Associate of Science
FORT WORTH
�ER�' V�JI�LIAMS
Scheduler
Bert Williams has more than 30 years of experience specializing in Civil
Engineering, Construction Management, Site Development, pavements, drainage,
and Municipal Utility Districts. As part of McCarthy's preconstruction team, Bert
will provide Scheduling and Cost Estimating support services during preconstruc-
tion.
Relevant Experience
President George Bush Turnpil<e Eastem Extension (PGBT-EE), NTTA - Rowlett,
TX; As Construction Manager on two (2) sections of the PGBT-EE Sections 29 &
31, Bert was responsible for managing a staff of over ten (10) individuals monitor-
ing the daily activities of both construction sites and their contractors performing
toll-way construction.
_ Kincaid Stadium, Dallas ISD Bond Program - Dallas, -TX; This program varied
CERTIFIC�II IUNS 8� TRAINING from roof rehabilitation to Design/Build construction and Construction Manager
at Risk, for improvements being made to existing athletic facilities within this
Primavera P6 Scheduling project. The construction for the athletic facility consisted of the installation of
OSHA Confined Spaces, Tx track surface and configuration of fully automatic timing system and scoreboard
configurations. This project also included the selection of trainer's equipment and
placement of cardio equipment.
Kelly Wall, NTTA - Dallas, TX; Bert managed the quality schedule and delivery of
the Kelly Blvd Wall project at PGB Turnpike. Bert provided the work schedule for
advance notification to motorists, general oversight of contractor demolition &
new construction. Review of contractor traffic control during construction, inspec-
tor's summary of work completed, provide necessary and appropriate material
inspection services, project documentation, documentation of project quantities,
and preparation of final inspection report.
Student Resident Housing, Dallas Baptist University - Dallas, TX; This project
involved the site development of a 60 acre campus master plan and the develop-
ment of a drainage design to relocate 30,000 cubic yards of dirt to construct a
multi-level resident housing. This project involved a redesign of the existing drain-
age system, water and wastewater system, provided construction management for
the improvements and assisted the campus administration with filing and submit-
tal of the Master Plan.
Jarvis College, Facility Improvements - Hawkins, TX; Project scope included a
Wastewater Treatment Plant, Master Plan Development, and Wastewater Line
Rehabilitation Program. Bert was responsible for redesigning the existing system
so that there would not be 20' to 25' deep manholes that where under capacity to
handle the daily flow. Mr. Williams developed a Lift-Station design that would allow
for an inline grinder to reduce the solids in the system before being delivered to
the existing treatment plant.
� CITY OF FORT WORTH HEMPHILL STREET
RESUMES
13 years with McCarthy
49 total years experience
PROFESSIONAL &
COMMUNITY AfFILIFlTIONS
Associated General Contractors
Hazard Communication
Instructor
Associated General
Contractors
Crisis Management
American Society of Safety
Engineers
Excavation Safety Management
Crane Inspection &
Certification Bureau
Crane Management
OSHA Training Institute, Texas
A&M
OSHA 30/10 Hour lnstructor
National Safety Council
Industrial First Aid
Texas Engineering Extension,
Texas A & M
Excavation Safety Management
FORT WORTH
��UCE FULLER
Safety Director
Bruce has more than 35 years of safety experience in the construction industry.
He is directly involved in preplanning activities and will have overall responsibil-
ity for the project's safety. He will regularly visit the jobsite, supervise the on-site
safety staff and oversee McCarthy's safety training to our own employees, as well
as trades labor.
Relevant Experience
Texas A&M Wellborn Road Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
Cameron Co�mty West Rail Relocation - Brownsville, TX; $24.6 million, railroad
bypass and international bridge consisting of bridge deck, rail, ties, ballast, beams,
girders, abutments, piers, drilled shafts, and including a levee access road, road-
way improvements, culverts, grading, a Department of Homeland Security facility,
SWPPP, wetland mitigation, vegetative buffer area, signing and striping.
DART TRE Beltline Grade Separation - Irving, TX; $46 million rail road bridge on
existing track location.
Dallas County IH635 at Towneast Blvd - Mesquite, TX; $52 million highway inter-
change renovation at IH635 and IH30 in Dallas County.
Bexar County IH410/San Pedro & Bridges at McCullough/US 281- San Antonio,
TX; $58 million construction of IH410 from Blanco Road to McCullough road in
Bexar County. Upgrade to a 10-lane freeway and traffic management, reconstruc-
tion of US 281/IH 10 intersection, including paving, bridge structures and retain-
ing walls.
NTTA SH190 PGBT & US 75 Interchange - Plano, TX; $48.1 million, 14 Bridges,
(concrete beam and structural steel), 40,000+ cy concrete, 1,368,067 sf bridge
deck; 73,000 sy Concrete Paving.
IH10/IH 410 at Bexar County - San Antonio, TX; $49.5 million, reconstruction of
the existing interchange between IH10 and IH410 including 7 flyover type bridges
and 19 permanent walls; both cut and fill walls plus three temporary walls.
REFERENCES North Texas Municipal Water District Plants I, II, III, & IV Ozonation- Wylie, TX;
Mr. Donald Kriesel $113 million construction of two ozone generation buildings, eleven ozone contac-
Senior Risk Manager tors, as well as extensive electrical, piping, and other associated upgrades.
Zurich North America Dallas County, Beltline Road - Irving, TX; $22.8 million 2.3 mile total reconstruc-
281-229-1115
tion of Beltline Road from Hunter Ferrell Road to Oakview Drive.
Ms. Dorothy Shaw
President
TEXO
972-647-0697
M�caRrHr
Liberty County FM 1960 - Dayton, TX; $6.6 million railroad grade separation
structure and approaches consisting of grading, flex base, asphalt paving, bridge,
drainage structures, pavement markings and signage.
CITY OF FORT WORTH HEMPHILL STREET
CAREER SUMMARY
RESUMES
24 years with McGarthy
25 total years experience
Previous positions
at McCarthy:
Project Manager
Project Superintendent
Project Engineer
Estimator
CDUCATION
University of Missouri
B.S., Business
Administration
M�CARTHr
FORT WORTH
�,4�1 �E 1 �l(, [�,��� AI�
QUALITY DIRECTOR
Dan has 25 years of experience and is a certified quality professional. As Quality
Director, he will ultimately be responsible for implementing McCarthy's overall
Quality Program and will provide quality support to the Project Superintendent.
Dan will oversee creation of the Site Specific Quality Plan and will visit the jobsite
on a monthly basis to monitor quality and incident reporting.
Relevant Experience
Texas A&M Wellborn Road Underpass, College Station, Texas; $25 million
construction of two lane vehicular roadways and two 30 foot wide pedestrian
pathways. The project span bridge includes the construction of a railroad "shoo
fly" track to temporarily divert trains to allow construction of the railroad bridge
structure.
Cameron County West Rail Relocation - Brownsville, TX; $24.6 million, railroad
bypass and international bridge consisting of bridge deck, rail, ties, ballast, beams,
girders, abutments, piers, drilled shafts, and including a levee access road, road-
way improvements, culverts, grading, a Department of Homeland Security facility,
SWPPP, wetland mitigation, vegetative buffer area, signing and striping.
DART TRE Beltline Grade Separation - irving, TX; $46.2 million, two-phase con-
version of an at-grade, single line rail into two elevated railroad lines for the Trinity
Railway Express (TRE) in the City of Irving. Designed to eliminate the at-grade traf-
fic conflict between train and automobile traffic at three key intersections in Irving,
the project consists of 122 spans totaling over one and one-half miles long.
Dallas County IH635 at Towneast Bivd - Mesquite, TX; $52 million highway inter-
change renovation at IH635 and IH30 in Dallas County.
Dallas County, Beltline Road - Irving, TX; $22.8 million 2.3 mile total reconstruc-
tion of Beltline Road from Hunter Ferrell Road to Oakview Drive.
Bexar County IH410/San Pedro & Bridges at McCullough/US 281- San Antonio,
TX; $58 million construction of IH410 from Blanco Road to McCullough road in
Bexar County. Upgrade to a 10-lane freeway and traffic management, reconstruc-
tion of US 281/IH 10 intersection, including paving, bridge structures and retain-
ing walls.
NTTA SH190 PGBT & US 75 Interchange - Plano, TX; $48.1 million, 14 Bridges,
(concrete beam and structural steel), 40,000+ cy concrete, 1,368,067 sf bridge
deck; 73,000 sy Concrete Paving.
IH10/IH 410 at Bexar County - San Antonio, TX; $49.5 million, reconstruction of
the existing interchange between IH10 and IH410 including 7 flyover type bridges
and 19 permanent walls; both cut and fill walls plus three temporary walls.
Westside Water Treatment Plant - Fort Worth, TX; $47 million, 69,700 sf, 12
MGD water treatment plant.
Bexar County IH-10 Dominion Interchange - San Antonio, TX; $20.2 million
addition of two new bridges and retaining walls to carry the IH-10 mainlanes over
Dominion Drive. Includes widening of IH-10 frontage roads, Dominion Drive in
both directions, and improved drainage, utilities, and traffic signals.
CITY OF FORT WORTH HEMPHILL STREET
CAREER SUMMARY
RESUMES
Cf�RI_EIZ SUM1�1�1RY
5 years with McCarthy
35 total years experience
Previous positions
at McCarthy:
Project Scheduler
REFERENCES
Bryan Byrd
Synergen Consulting
International
281.591.1190
Mr. Robert J Kleineck
Sunland Group
214.800.2808
FORT WORTH
KEVIfV l��R��
Scheduling Director
Kevin will provide scheduling oversight from pre-construction through construction
phases, and assist in the development of the Preliminary Design and Construction
Schedule, Milestone Schedules, Master Construction Schedule, Critical Path
Method Schedule and ongoing project updates.
Relevant Experience
DART TRE 6eltline Grade Separation - Irving, TX; $46.2 million, two-phase con-
version of an at-grade, single line rail into two elevated railroad lines for the Trinity
Railway Express (TRE) in the City of Irving. Designed to eliminate the at-grade
traffic conflict between train and automobile traffic at three key intersections in
Irving, the project consists of 122 spans totaling over one and one-half miles long.
Dallas County IH 635 & Town East Blvd. - Dallas, TX; $46 million highway inter-
change renovation at IH635 and IH30 in Dallas County.
Port Of Houston Bayport Container Stage 1 Roller Compacted Concrete -
Seabroo4<, TX; $50.3 million, new container yard at the Port of Houston's Bayport
Terminal facility. Approximately 43 acres of various types of concrete pavement
and related appurtenances.
Port Freeport Velasco Terminal - Freeport, TX; $34.6 million new wharf construc-
tion on auger cast pile foundations, as well as paving and site work.
Dallas Independent School District - Dallas, TX
Bid Package #22 -$6.9 million renovations to A. Maceo Smith High School,
Harry Stone Montessori and Whitney M. Young Elementary School.
Bid Package #10 -$13,692,278.00 Russel ES Addition, Community
Learning Center Demolition, Terry ES Reno and Village Fair HS Renovation.
Bid Package #3 -$12,340,000.00 Renovation of Annie Blanton ES, Nancy
Moseley ES, Richard Lagow ES and John Runyon ES
Bid Package #25 -$24.1 million, 189,500 sf high school and stadium
renovation to Wilmer Hutchins High School.
The Unviversity of Texas M.D. Anderson Cancer Center - Alkek Expansion -
Houston, TX; $240 million, 500,000 sf, design-build vertical and horizontal
expansion and renovation composed of a 12-story addition above and 24-story
elevator tower next to the existing continually operating 12-story hospital. The
expansion includes 144 new inpatient rooms, pharmacy, facility support space,
observation deck, 5 shell floors with room for 240 future patient rooms, as well as
renovation of existing spaces and upgrade of existing structure and infrastructure
to support the expansion.
The Headquarters foi� Blue Cross and Blue Shield of Texas - Ricl�ardson, TX;
$182 million CMAR 1,050,000 sf headquarters campus including 15-story and
7-story office towers with a 3,600-car parking structure.
� CITY OF FORT WORTH HEMPHILL STREET
�
ATTACHMENT C
STANDARD GENERAL CONDITIONS FOR A CMAR CONSTRUCTION CONTRACT
CFW CMAR AGREEMENT — HEMPHII,L Page 13 of 13
ki =- - t
�c� ,{!.`; K _ i
: =Sz';2� _{
!}; "
i
Y�.�.y.::,�_ .
2'�-�-i=r'�'�- _
�L�+ tl.ti��-' �.
�^'�5-.^.1;.= ' ;
�s~i��'=�='Y�:
�_�_.+_ -___
�'-t" :l
�<�;t�- =`i�`' ,
,
.` ��d
�.
" . i:
•4
1 i }. � *�r,r
�
i � �*
�
�.
�i -
� � �� .
_��
4.i -
• ��.i: �: �-�,�.
�;�.
WORTH
� �
�`
- ��� �
��
,`�� ��
�� _
�
��
;
�..� -
S� '�"
�'_ i.� �.
� l .
'1 �
,j�. - � � .�1. .. 1
1 k l�'.v
A�_ r � '
. �i
� ' �
=� . !'
�', i .' .-
� �� �� � � _
�� , �� � �i
� ___'"... � y -
��;.
� .�,
�r...
��'..,,;
�� : ��
_ ` '� ��
y � _ _ �
� ..' L i "s
Forms & Certifications
���
�-�'
� �"�
�
� #
�
� � ���� - � � �$:
' � . � � � ' +'�F
-���� ����� �_ yy .. �� •a' � �I �
� : ; � �
�t . �'� • �;�� 4�," : e, y` �
�_�� � ;a ; � �-�
�,,, . � � +� - - :�
� ��
y R.
� �
�� ,
h ���
,p �
y ;
� �
r'
���.��` �
�xhibit A - Yroposal Affidavit
TO: City of Fort Worth, Texas
FROA�: McCai�thy I3uildin 7 Companies, Iiic.
(P►•ol�nser•'s Na»ie)
FOR: Hen�phill Street fram Lancaster Avenue to Vickery Boulevard
Submittcd une 20, 2013
The ui�dersigned Proposer, in compliance tvith youc RequeSt for Proposal for tl�is Project, having
examii�ed the Rec�uest for Proposl( Doeuments aud the site of the proposecl �vork, and being
f�imiliar �vith all af tl�e conditions surrot�nding the construction of the proposed Project, including
the availability of materials �nd labor, hereby proposes to perforin Prc-Construction Services and to
submit � Guar�uteccl Maximu�l� Price Proposal to construct ttie Projcct iu accord�iice witli the s<<ici
Dacttments.
The P�'oposer proposcs �ud �grees, if tl�is Proposal is �tccepted, to contract �vith the City of Fort Worth,
Texas iti tlle roi•m of Coiitract Agi•eement for Pre-Coiistructioli Sei•vices specified, to fui•nish all laboi•
necessary to coii�plcte tlie Pre-Constcuction Services in full �ud complete �ccorda�ice �vitli tlie
reasoii�ibly inlended recJuirements of the Pre-Construction Services Scope of Work ro the full �nd
eiitii•e s�tisf�ctioil of tlie City of Fort ��ortli, Tcx�is �vitli a definite u►iderstaitding lhat n� moiiey �vill
be �llowed for cxtra �vork except as sct forth in the Contc�ct Documents.
The Pi•oposer pi•oposes atid agrees, if tlle Guar�iiteed Ma;cimum Price Proposal is �ccepted, to
colitinue �vitli the City of Fort Worth, Texas u�ider t}ie CMAR agreeiilent foi� constructio�i ph�ise
sei•vices, ro furnish �tll necesstiry pi•oducfs, macliiner}�, tools, �lpparatus, meaus of tr�lnsportation a►id
laUor necess�ry to coiiiplele the constrt�ction of the Work in full ��ud coinplete accordlnce with ttie
reasonably intei�ded rec�uirenieiits of the Co»tract Documents to the full and entire satisf�ction of
the City of Fort Worth, Te�as with a defiuite understanding thlt no money ���ill Ue �Ilotveci for extra
tvork except �is sct forlh in the Contcact Documents.
The Proposer hereby �uthorizes ancl requests any person, f1Pil1 or corpor�tion to furnish �i�y
infoi�mation rec�uested by tl�e city in verific�ltioit of the recit�tls cottlprising this Proposal. By tlic
sign�ture provided Uelo�v, tlie signer affirms th�t the iuformation provicled herein is truc and correct
to the Uest of his/her kno�vlec�ge atid belief.
By:
giiatuce)
'I'itle: Vice President, Civil Opei•�tioiis
Datc: June 20, 2013
- Exhibit B —
Exceptions to Draft Contract
Comment Location in
Number CMAR Etception and Rationale Suggested Alternate Language
Agreement
1 6.20, 13.07 GCs Overly broad warranty language. Contractor Provision should be modified so that Contractor is
should not be responsible for damage caused only responsible for correcting work found not in
by others. accordance with the Contract Documents.
Contractors typically provide a 12 month Recommend revising to state that any special
warranty. Recommend revised language. guarantees or extended warranties from the
manufacturer will be passed through to the City. Per
13.07.D, if defective work has been corrected,
warranty for said repair may be extended for an
additional one year after the initial date of correction.
2 Not included Mutual waiver of consequential damage We would like to include into the agreement a
provision not included in agreement. mutual waiver of consequential damages.
g 6.14 E 6.14.E indicates —All damage or loss to Ilow Contractor to provide Builders Risk insurance.
property caused directly or indirectly, in whole
or in part, by Contractor, Subcontractor or any
other individual or entity directly or indirectly
employed by any of them, or anyone for whose Suggest the "directly or indirectly caused by"
acts any of them may be liable, shall be language is deleted.
remedied by Contractor. This gives the
Contractor the risk of loss for all damage. As a
result, the Contractor will need to carry the
Builders Risk in order to protect the
Contractors interest.
he rovision above is overl broad.
q GC 5.03.13 Our insurance policies cover our entire work Suggest provision is deleted.
program. It is not appropriate for the City to
request changes to particular policy terms that
affect other projects. .
5 11.02.0 GCs here is a"Contingency Allowance" for the sole Suggest adding additional language to further define
use of the City. This needs further clarification. contingencies. Recommend the following
he owner should have a design contingency contingencies:
and a construction contingency. In CMAR
contracts, it is customary for the CMAR to have • �Wner Design Contingency
a Construction Manager's Contracting • Owner Construction Contingency
Contingency. • CMAR Construction Contingency.
6 Not included We would like to discuss the following erms to be negotiated.
contractual incentives often included in CMAR
contracts:
• Shared Saving Provisions
• Quality, Safety, and Schedule
I ncentives
� ddendum #2, Item Language requires that CMAR and Owner be Language should be clarified to state that only the
15 named as co-obligees on the payment and Owner will be named as the Obligee
performance bonds that the CMAR is providing.
he CMAR cannot be an obligee on a bond that
it provides.
Client Reference Form
ProjectName: exas A&M Weliborn Road Underpass
College Station, TX
City's Name: he Texas A&M University System
City's Phone Numbe►: (979) 458-7065
City's Contact Name & Bill Scott, Construction Project Manager
Type of Conh�act (Design/Bid/Build, Desigi�/Build, CM at Risk, Lump Sum
Engineer/Architect/ Construction Manager's Klotz Associates
Engineer/Architect/ Construction Manager's Phone (281) 589-7257
Engineer/Architect/ Construction Manager's Contact Name & Brad Brown, Vice President
Original Contract Value / GMP of $24,995,260.50
Cost Savings Identifed: N/A — lump sum project
Final Conh•act Value of $24,995,260.50
Project Description: $25 million construction of two 2-lane vehicular roadways
and two 30 foot wide pedestrian pathways, which will
ransverse under the existing Wellborn Road and Union
Pacific Railroad at the Old Main Drive Intersection. The
grade separation will primarily consist of new 70' to 80'
foot structures to carry Wellborn Road and the Union
Pacific railroad tracks over the vehicular roadways and
pedestrian walkways. The project span bridge includes the
construction of a railroad "shoo fly" track to temporarily
divert trains to allow construction of the railroad bridge
tructure.
Original Project Duration: 18 months
Original Project Coinpletion 9/1/2013
Actual Project Completion Not yet complete; Scheduled for 5/22/2013
Explanation for later project completion date or contract value overrun, if applicable:
Project is three months ahead of schedule and on-budget.
List Major Subcontractor's; names, contact phone numbers
Associated Steel Fabricators Inc., Craig Drachman, (713) 896-1400; Boenigk Masonry Inc., Randy Boenigk, (979) 776-9600; BorTunco LLC, Patric
Mann, (832) 300-3333; Cen Tex Hydroseed Inc., Liz Richards, (936) 395-0374; EAS Contracting LP, Chris Johnson, (281) 443-6800; Green Teams
Inc., Tucker Gallagher, (979) 823-7551; ICelly Burt Dozer Inc., Sharon Burt, (979) 778-1902; Kieschnick General Contractors, Dana Kieschnick,
(979) 690-0710; ICnife River Corp. Herb Bro�vn, (979) 361-2900; N-Line Traffic Maintenance LP, Bob England, (979) 778-9999; Siren Steel Inc, Lis
Doran, (713) 640-2593; T&C Construction LTD, Preston Schneider, (281) 445-1828; Texas Moisture Protection, Tyler Althouse, (281) 642-9915;
Trac-Work Inc, Todd Krueger, (972) 878-2232; Tricon Precast Inc, Michael Ogorchock, (281) 991-9832; WW Foundation Drilling LTD, Troy
Lehman, (713) 645-0688
List Maj or Material Suppliers' names, contact phone numbers
Bexar Concrete Works Inc., Jorge Hinojosa, (210) 497-3773; ICing Fabrication LLC, David Newman, (281) 209-0811; Knife River Corp. Herb
Brown, (979) 361-2900; Capital City Steel, Jim Lyons, (512) 282-8820; CMC, Rodney Scott, (972) 938-9500; Lhoist, Jason Stanley, (254) 675-8668;
Tricon, Mike Ogorchock Sr., (281) 931-9832
Client Reference Form
ProjectName: DARTTRE Beltline Grade Separation
Irving, TX
City's Name: Dallas Area Rapid Transit
City's Phone Number : (214) 749-2926
City's ContactName & Title: im McKay, Senior Vice President Project Management
Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) CM at Risk
Engineer/Architect/ Construction Manager's Name: Bridgefarmer & Associates, Inc.
Engineer/Architect/ Construction Manager's Phone Number: (972) 231-8800
Engineer/Architect! Construction Manager's Contact Name & Title: Sterling Forsythe, PE, President
Ot•iginal Contract Value / GMP of Project: $43,006,363.00
Cost Savings Identified: $0
Final Conlract Value of Project: $46,291,453.00
ProjectDescription: $46.2 million, two-phase conversion of an at-grade, single
line rail into two elevated railroad lines for the Trinity
Railway Express (TRE) in the City of Irving. Designed to
eliminate the at-grade traffic conflict between train and
automobile traffic at three key intersections in Irving, the
project consists of 122 spans totaling over one and one-hal
miles long.
Original Project Duration: 34 months
Original Project Completion Date: 7/1/2010
Actual Project Completion Date: 8/2�/2010
Explanation for later project completion date or contract value oveirun, if applicable:
Later Project Completion Date: Owner & City disagreements delayed start to critical path work. Drill Shaft Design delay that occurred at the
beginning of the project delayed the project 125 days.
Contract Value Ovei7•un: Owner change orders and unforeseen conditions.
List Maj or Subcontractor's; names, contact phone numbers
A&A Construction, Hector Garcia, (817) 267-2767; A.H. Beck Foundation Co., Inc., August Beck, (210) 342-5261; Andrews Paving, Donna Russell,
(972) 735-8830; Choctaw Erectors, Inc., Kevin Ball, (972) 790-2255; Dowager Construction, Adrian Smartt, (972) 931-1263; Fraire's Rebar, Hector
Fraire, (214) 942-4630; North Texas Trucking, David Davilla, Jr., (214) 904-8263; Scott Derr Company, Zach Derr, (281) 480-0158; Craig Olden, Inc.,
Chris Robertson, (972) 294-5000; Texas Environmental Management, William Borger, (888) 434-8249
List Major Material Suppliers' names, contact phone numbers
CMC Americas, Rodney Scott, (972) 938-9500; Superior Steel Services, LTD., David Brown, (817) 999-4752; Texas Concrete Co., Justin Yard, (254)
822-1351; Structural & Steel Products, Dan Guinn, (817) 332-7417; TXI - North Texas Ready Mix, Eric Feleciano, (972) 647-3341; Tricon Precast,
LTD, Sam Brown, (281) 931-9832 x 310;
Client Reference Form
ProjectName: Dallas County IH635 at Towneast Boulevard
Mesquite, TX
City'sName: exas Department ofTransportation
City's Phone Numbet: (214) 320-6199
City's Contact Name & Title: Tracey Friggle Logan, Director of Construction, Dallas District
Type of Contract (Design/Bid/Build, Design/Build, CM at Rislc, etc.) Lump Sum
Engineer/Architect/ Construction Manager's Name: �TB
Engineer/Architect/ Consh•uction Manager's Phone Number: No longer with company
Engineer/Architect/ Construction Manager's Contact Name & Title: No longer with company
Original Contract Value / GMP of Project: $45,942,288.00
Cost Savings Identified: N/A— lump sum project
Final Contract Value of Projecr $52,054,115.00
ProjectDescription: $52 million reconstruction of IH635 at Town East
Boulevard in Mesquite, TX. Project consisted of
180,000 cy of excavation, 50,000 cy of embankment,
127,000 sy of concrete paving, 87,000 sy of concrete
paving removal, 63,000 sf of bridge decl<, 327,000 sf
of MSE precast retaining walls, 39,000 sf cast-in-place
retaining walls, 22,000 sf of noise wall construction,
$3 million new water, sanitary, and gas lines, $5.5
million of asphalt paving, $2 million in electrical work,
and 50,000 sy of asphalt detour to allow for 9 phased
traffic switches.
Original Project Duration: 44 months
Original Proj ect Completion Date: 7/1/2008
Actual Project Completion Date: 9/21/2009
Explanation for later project completion date or contract value oven•un, if applicable:
Later Project Completion Date: Five contract time extensions were authorized by TXDOT for a total of 329 work days for reasons including
traffic signal redesign, signifcant right-of-way issues not resolved by TxDOT ahead of time, bridge bent redesign, and SBC telephone line
utility relocation. The project finished ahead of the revised contract completion date.
Contract Value Overrun: Owner added scope and owner-initiated change orders.
List Major Subcontractor's; names, contact phone numbers
AT5 Drilling, L.P., Dave Hoag, (817) 498-0040; Renaissance Contractors; Angela Dominguez (817) 430-0054; Mica Corporation, Mike Tanner (817)
847-6121; Breda Company, Joe Whitt (817) 759-0069; APAC Texas, Inc., Tony Conner (214) 741-3531; Craig Olden, Inc., Chris Robertson, (972) 294-
5000
List Major Material Suppliers' names, contact phone numbers
TXI, Jim Borders, (972) 647-3997; Reinforced Earth Co., Tom Schick, (817) 283-5503; CMC, Rodney Scott, (972) 938-9500; Bexar
Concrete Works, Inc., Jorge Hinojosa, (210) 497-3773
- Exhibit E -
SAFETY HISTORY TABLE
2012' 2011 2010
5,501,627 4,569,286 4,960,119
A' Total Number of Field Man-Hours
10 9 16
B, Number of Recordable Incidents with no lost time
accidents
5 2 3
CNumber of Recordable Incidents with lost time
accidents
0.55 0.48 0.77
D' Total Recordable Incident Rate (TRIR)
(B+C) x (200,000) I A
0 1 0
E Number of Fatalities
0.43 0.45 0.46
F Published Eaperience Modification Rate (EMR)
Provide documentation to support the above Experience Modification Rate information. Either of the
following methods are acceptable:
Letter from insurance agent, insurance cairier, or appropriate government agency (on their
letterhead) verifying the modification rate.
Copies of the Experience Rating Calculation
insurance carrier forwards to you annually.
Sheets for each of the above years that your
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 3001ogs for
each of the past three years.
':'t:`6.�r@Klnct�.rc t; G.4C �
�`P � L����I l Insur�nc.�
'` y '� L Cvm,�any
-i �rt�:ri�'.n.�, ,f :.; :� i �_ .;.r�, .� , . .
November 2, 2012
RE: McCarthy Building Companies, Inc. NCCI Risk ID #910664166
3 T 1. G:t•� Y.��Y,•,r (?n; r.
S�t:?;{ll�J ..
Crica;, ��i:%..
r,' "•;-J:; BS_z;
� �,.�i.;ti!.$1�?
Arch Insurance Company currently provides General Liability (2M/4M), Automobile (1 M CSL),
Workers' Compensation; Employers Liability Insurance (1 M/1 M/1 M) coverage for McCarthy
Building Companies, Inc. since April 1, 2004 with no lapse in coverage. These coverages/limits will
be available to McCarthy if they are awarded the project. Arch's A.M. Best Rating is A+ XV and we
are licensed to do business in the state of Texas. McCarth�ls NCCI experience modification factors
for the current plus past 3 years are as follows:
Effective
4/1 /2012
4/1 /2011
4/1 /2010
4/1 /2009
NCCI
.43
.45
.46
.47
Aon Rislc Services manages the insurance needs for McCarthy Building Companies, Inc, If you
have any questions or require additional information, please do not hesitate to contact the
undersigned at (651) 855-7187 or Maric Gloriod, Director, Aon Construction Services Group, at
(314) 854-0709.
Sincerely,
���t%�,12-t�.L� �;�t��l'��.�.-��
Kathie Ketchum
Assistant Underwriter
Arch Insurance Group
�
���
�1�
�1at�'i't�i' c-5t��zofMinn:c��a
fl6YCo��9ssion EK�ircs
���.
._. _ _ -.
�� �-
Juue 7, 20t3
Transpoitatiou and Pubtic �Vorks De�artnient
1000 Throckmorton Street
Fort 1Vorth, TX 7G IO2
Attn: Mr. ibiiehaef �Veiss
Travelet�
940 1Vest Port Plaza
Suite 450
Maryiniid Heights, MO 63 t46
(314)579-8316
R�: Reqtrest j'ot� P!•oposats
Cor�sir•i�ction Mana�er• tri Risk
Preconstrtrction and Constr•uctiort PltcrseSetvices for�Hetn�l�i!(Street-
LrrnctrsterAvenire to YtelceryBoulevard
City of Fol�t Worth C!P Pt•oject No. 00141, DOE No. 6120
Dear Mr. �Veiss:
McCarthy Building Con�panies, Iuc.'s bonds are �vritten Hirough a co-surety arrnnge�uent �vith Travelers �Casualty and
Stlrety Contpany and Federat Ittsur�nee Cotttpa�iy.
Travelers C�sualty atid Surety Caiupany, a memUcr of tlie Travelers Co�i}panics, iias nn A.l�f. Best Rating of A-�- XV
and has 1'1'reasury Liiuit of �2,065,2b0,000. Fcdernt 3nsura�tce Co�npany is � member of the GhuUb Group of
Contpanies, wltictt can'ies au A.�f. Best R�ting of A-E-H 7�V and a Treasnry Li►ttit of $1,252,279,000. Tlieir surefy
refationstrip is tliirty-four years witfi Fecieral, tl3irtee�i yeals tvitl� Travelers.
Travelers CRsu�lty and Siirety Gompany ancl Federa( Insuranee Con�pany i�ave participlted on bonds for �icCarthy
Suitding Campanies, Inc. in ercess of $350,000,000 for a single groject. Total su�•ety eat�acity �rovided to McCai�ttiy is
�2.5 billion, of�vhich McCartiiy currently fias approxiu�ately$i.2 Uitlion �vailnbie.
Sfiould a projeci be aw�rdecl to aiic( aecepted by i�(cCartlry, we are prepared and favorabiy inclitied to provide ttie
rec�uired perfonnance nnd }�ayuient bonds on its beEialf. Our support is cotfcfitioiied upon com�letion of tite
undenvriting proeess, inclutiing satisfaciory review of contract docunte�its, batd fornls, con6rmatiou of finaneing
and our oilgoing review of the operationai �ud �nanciai capaeity of McCarthy.
�Ve are �leased to st�are witEi you our fatirorabte eYperience aud Itigit regard for McCa�3liy. Tliis tetter is not ait
nssumption of liability and is issued oul}+ as a prequalifccation reference request from our client. [t sltould be
understood ti�at �ny arrangement for boi3ds is strietly 1 matter between McCacthy Bui(ding Co�upanies, Inc,, TraveEers
Casualty and Surety Company and Feder�l Inst�r�cice Compa��y.
Traveters Casualfy and Surety Co�nE�a�iy azid Feclera[ I�isui�ance Company are botli admittecl sucety instn•ers in all fifty
states.
TRAV�LERS CASUALTY AND SURETY CO�tPANY
FEDERAL I�TSURANCE COMPANY
� ��
BI':
�
Susan A. 1Velsfi, Attorney-in-Fact
ACKNOWLEDGEMENT BY SI.TRETY
STATE OF ILLINOIS
COUNTY OF CO�K
On this 7t�' of June, 2013, be�o�•e me, Sandra M. Nowak, a Nota�y Public,
within and for said County and State, personally appeax•ed Susan A. Welsh
to tne personally known ta be ihe Attorney-in-Faci of and for Trav�lers
Casual
� and �'ede�
e Camnanv and
acknowledged that she executed the said instr�.��nent as the fi•ee act antl deed
of said Coinpany.
IN WI�'NESS WHEREC�F, I have hereunio sei 1ny hand and affixed my
offieia] seal, at lny office in the afoz•esaid Couniy, the day and yeaz� in this
cez•ii�'icate first above written.
- �;; � = �
, ; ,
, - -
. ,
_ __...�aail
,.
Notaxy Public in the State of �llinois
County of Cook
�
� ! , _ i �
POWER QF ATTORNEY
Fat��ttitigto�t Casa�lty� ContpanJ�
Pidelify ��id Gu3rantp Insurance Con�pany
Fidel[ft� Tnd Guara�riy Insurance Under�vi4ters, Inc.
S�. YAUI F�t1C All(I I1'IR1111C TllStil'81tCC COIlt�R3lj�
St. Panl Gunrdian Insurunce Coiupany
Atforitey-ht Faci nTo. 2257I2
St. Paut i4lercury It►sura�tce Company
`�a�•elers Cnsualty aud Surety CouipA�iy
'�k�;���elers Casualty end Surei�• Compauy of Amorica
Unifed States Fideliiy aud Guaranty Compa�iy
Certi�cate No. � O� 4 6.1„ ���
T{I�O}i` ALL A�iEN BX THESE PRESENTS: That Farmington Casualty Companp, St. Paui Fire and A4arinc Insurauce Companp, St. Pauf Guazdian Insurance
Company, St. Paul Mercury Inst�ra�tce Company, Travelers Casualty and 5urety Compaiiy, Travelers C�sn:tlty �nd Surety Company of Amcrica, and United States
Fidelity nnd Guaranty Company are co�porations duly organized under the lativs of the State of Connecticat, tttat Fidelity and Guara��ty Tnst�rauce Company is a
corpar�tion duty organized under tha laws of the State of Iotva, and thai Fidelity aud Ga�r.mty Tnsurance Underwriters, bic., is a earporafion dtsly organized under the
latrs of ttic State of lVisconsin (herein collecti��ely called the "Compnuics"), aud lhat the Companies do hereby make, constItute and appoint
Debra J. Doyle, Di�ne M. O'Leary, Geof&ey E, Heekin, James B. McTaggart, Jennifer L. Jakaitis, Jl�dit(i A. Lucky-Eftimov,
Karen L. Daniel, Richard A. Moore Jr., Sa�idra M. Wi��sfed, Sandra M. Now�k, Susaci A. Weisl�, Melissa L. ForEier, and Derek Elsto��
of ft�e City of Chielga , State of III1IlOiS , their true and lawful Attomey(s)-in-Faet,
each in their separate eapacity if more than o�te is �tamed abore, to sign, execute, seal aud acknowledge any and 111 bonds, recognizanees, conditional undertakings and
other writings obligatory in ihe nature thereof oft behaif of the Companies in tiieir business of guaranteei�ig the fidelity of persans, guaranteeing the perforn�auce of
contracts �Fid axecuting or guaranteeing bonds and undertal:ings reg�tired or pernutted in any actipns or proceedings alto�ved b�� la4v.
,
, _ ,
..
25th
ZN ����N ASril����QF, the Comp 2a13have caased tlris instrament:to be signed a�id thcir.corpor�fc seals to be hereto afiixed, this
an}� of� p , , . -
Farmi�igton Casualfy Conipany
Fidclitt' fltit� Gi1�Ri'R[ifJ� Iivsurance Compaji�': :�. ;`
Fidelit}' RIl[� GURI'Rtity` IllSUI'Al1CC U11f12P\i'P1tE'YS� II1C.
Sf. Panl I+ire n;id Aiarine I�isurance Compan��
St. P�ul Guardi�r�i Z3isurance Cmnpauy
St. Pau} 1liercur�• Insurance Compa�iy
'lra�•elers Casualt,r� and Suret,v Compaity
'Z1AF�elers Casualty aud Suret4� Couipa»y ofAi�iei•ica
U�iifed StaEes Fideli#v Rlic1 Guarant}� Compat�y
GASU,�� p}s�:YiQ� J4FlR� Q y O�k11..7 �9 JQ.� tNSVq� t� 9J},tlY �lYpeG .S��•w�h c��Y��
`2' rA �f T y 4`/ 4y 4p'� y"+ P
�1 V��y� 4 9 ttaxPORA>F Q 40Rq l�i � �a � ��D
� 7 9:� 3� O �'i9%r n'OC�fAIEO �.. � a� �� z�pOR.... Tf i � i " NAHfFOfOl� < ttl � •�s
0 •
Z . e 195f ,•sea� a" � S�ii.L•'� � car� g ��' c N tess�p
yd`�,��a� t� � �'�s c° �a�........ a�f ba�.'�..._...��a° yb a� �� h'� �'SSy) b�
Yy + r`' 1�� ���`•4 IS; �N� �[s , y.e b< , rey :� AN:
Stats of Connecticnt
Ciry of Haz#ford ss.
By:
Robert [.. Raney,
Vice President
On tiiis tl�c 25fl1 day of April 2Q I3 before me personally appeared Rohert L, Ra�tey> who acki�o�rledged himsalf to
Ge the Se�iior Vicc Presidcnt of �anningtou C�sualty Company, Fidelitp and Gulrflnky Tusurance Company, Fidelity atid Guaranty Insarance Undenvriters, bic., St. P;tul
Fire aiid A•farine Insurance Company, St. Paul Gnardinn Insurnnce Comi�ai�y, St. Paul h�fercury Insurance Company, Traveters Casualty �nd Surety Company,lYac�elers
Castialiy and Sttrefy Company of America, and United States Ridelity and Gnaranty Company, and that he, as such, beiEtg aufhorized so to do, executed the foregoing
instniment for the purposes therein contained by signing on behalF of ths corporations by himself as a duly authorized oft'�car.
In �Vfhiess �Vhe►�eof, I hcrauttto set my hn�id and ofticial scal.
A3y Commission exQires the 30th day of Jwie, 2016.
58440•8-12 !'rinted in U.S.A.
WARNIN�: THIS
Marie C. Tetreault, Notary Public
D WITHOUT THE RED
ATTORNEY IS 1NVALID WITFIOUTTHE RED
This Po���er of Attorney is grinted under and bp the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Compnny, Pideliry
and Guaranty Tnsurance Compauy, Fidelity and Guaranty Tnsurance Undertc�riters, Inc., St. Paul Fire and Iviarine Insurance Company, St, Paul Guardian hisarance
Company, St. Faul Mcrcury Tnsur���ce Company, Travelers Casuaity and Surety Company, Travelers Casuatty and Suretp Compauy of America, and iJnited Statcs
Fidclity and Guaranty Cotnpa��y, which resolatio��s are now in fu11 force and effect, �ading �,s follows:
I2FS4TV�D, that the Cfiairman, the Presidant, any Vice Chairmnn, any Executive Vice Preside3tt, any Sanior Vice President, any Vice President, any Second Vice
President, the Tmasurer, aay Assistant Treasurer, the Corpor;�te Secretaq> or any Assistant Secretary ntay appoint Aitonieys-in-Pact and Agents to act For and on behalf
of ciie Company aiid m1y give st�ch appointee such authority as l�is or her cetti�cate of authorify may prescribe to sign with the Company's name and seal wiUi the
Company's seal Gonds, recognizances, contracts of indenmity, and other �vritiugs obligatory in the �tature of a hond, recognizance, or couditional uuder�aking, and any
of said officers or ihe Board of Direciors at any time ma�� rentove a�iy such ap�ointee and re��oke the pac��er give�i flim ar her; and it is
�'UR�'HER RF,SOT.'V�D, thak the Chairmau, the President, ang Vice Chairman, any Exeeutive Vice Presideut, 1ny Senior Vice President or any Vi�e President may
c�elegate Ail or atry part of the foregoing authority to ais or more officers or employees of this Compaiiy, �rovidcd that each such delegafion is in �vriting aud a copy
thereof is f ted in the office of the Secretary; and it is
FDRTHER RFSOLVED, Ih�+t miy bond, recoguizance, contract of indemnity, or �vriting ohfigatory i�t tha naEure o� a bond, xecognizance, or conditional under�aking
shait hc valid �nd binding upon the Coj�ipany �vhen (a) signed by the President, any Vice Chairmnn, any Lseculive Vice Preside�it, any Senior Vice President or any Vite
President, any Second Vice President, ti�e Trensurcr, any Assistant TYeasurer, the Carporate Secretary or euy Assistant Secretary and dtdy atlested and senied wiih the
Company's seal by a Secretuy or Assistant Secretary; or (b} duly executed (under seal, if required) by one or more Atforncys-in-Iact and Agents pursuant to thc po�ver
prescribed in his or her certi#icate or their certifcates of at�tharity or by one or more Company ofticers pursuaiit to a turitten delegation of auihority; and it is
FURTFI�R 12FSOLVED, that the signature of each of ihe following ofFicers: Presideiit, any Executiti�e Vice Presideztt, any Senior Vice Presidefit, nriy Vice President,
any Ass3stant Vice President, any Secretnry, any Assistant Secrefary, and the seal of the Cotnpany may be afiixed by facsiniite to any Po���er of Attorney or to any
eedifccete relating thereta appointing Resident Vice Presidents, Resident Assisfiant Secretaries or Attomays-in-Fact for purposes only of axecnting and attesiing bonds
�nd undertakiugs and other �vricings obligafory ln the iiati�re tliereof, and any such Potiver of Attomap or cerfificate benring such facsinille signaii�re or facsimile senl
shnli be valid nnd binding upon the Con�pan}� and any such po�*��er so execuied and cerii�ed by sucfi facsimite signature and facsimile seal shalL be va2id and binding on
the Conipai�y iii ti�e fiiture �vith respect to any bond or tinderstanding to wl�ich it is attached.
I, Keviu E. Hughes, che undersigued, Assistant Secretazy, of F�rmington Casualty Contpany, Fidelity and Gunravty Insurance Gampany, Pidelity and Guarnnty Insurance
Undenvdters, Inc., St. Pat�l Rire and Mariiie hisura»ce Company, St. Paul GuardiaFt Insurance Compatiy, St. P�ul D4ercury Insuraiice Company, Tra��elers Casualty nnd
Surety Cam�yany, Trati�elers C�sualty and Surety Cont�any of America, and UnitedS�tates Fideli;y,' and Guaranty Company do hereby certify thzt the above and foregoi»g
is a tnte and eorrect copy of the Power of Attomey executed by said Companies`which;is in fiill for�e aiid'effect and has not been revoked.
. 4`, . �J..,'� �`,,, _t;ti�. '��}'_ .
{-`. - :':.t, ';_:.
iN TES'i'It��iONP 1VH�12�OT', I have hereunto set my haiid end.�ff'u�ed ihe, �Sea1s of sait► Conipanies this� �d1y of ,_,'`--�(.�I'1:�.._ , 20' �
; -
_\ ..
�� . '.+:,:
-.,�`
± j :.
` !
� �,,,,. �. �-�
Keviii E. Hughcs, Assistaul
pASU� I yF1R[ 6 �T1t„�Mf { SNSUq SSY AYO a1w i
Q (�J- c �_ .y7 Q�i' �43'y 4,�A.........4,L �gJ 64 !� �\D � �O
p i l F'� C... P T.�ORPOR�� Q'/ eORAt�cr �' 9P _�\ � �
i i,9 8 2� O � 7977 � �4i1f0 $..� � b% w �}� X j t0R .•• f� n x° �ftARTFQF4/� � �F3lRifb�] � r�s �
%`��Gt+� a; 1851 y o. ,�lsEaU f�o" QiS81LX,�e �y\ 'vn"- /r^ � �/�R �i' `�r
b� �� s� F c a......... j a. , a s\_�ya � .�' �
y: r � f� �;.�c rS.:.AN� tsy �., � ei *a .'� gYI d!N
To verify tlia authencicity of this Pox�er of Attoniey, calf 1-80Q-42I-3380 or contact us a! ww�vdravelersbond.cam. Please refer 10 the Attomep-In-Fact numUer, tt�e
lbove-named individuals and the details of the bo�id to which the power is attached,
THIS PQWER OF ATTORNEY 1S INVALI� WITHOUTTHE REO BORDER
Chubb
Sureiy
G�u�l�
��
POWER Federa) Insurance Cort�pany
�� Vigilant l(nsurance Campany
ATfORNEY pacific �ndemnity Company
Know AIf by 7hese Fresents, That FEtlEt�AL (�iSUF2ANCE COMPANY, an lndiana corporafion, VtGItANT ENSURANCE
COMPANY, a New York c�rporation, and PACiFIC lNDEMNITY COMPANY, a Wisconsin corporation, do each hereby canstitute and
appoint Marcia K. Cesafsky, Karen l., Daniel, pebra J. Dnyte, Robert E. Duncan, Melissa l.. Fortier, Jennlfer �. Jakaltis,
James B. McTaggart, Linda M. Napo[il1o, Sandra M. Nowrak, Diane M. O'l.eary, Christopher P. Traha, Susan A. Welsh ant{
Sandra M. Winsted af Chiaaga, illinais -- _.......�___�__ ....__�_ __ __
each as their Uue and lavrfui Attomey- in- Facl lo execute under such designation in lheir names and lo affix iheir oorporate seats to and deGver tor anc! on lheir behal! as surety
thereon or othenvise, honds and underia}:ings and oihef wriVrx,}s obtgatory in the nature thereof {oiher Lhan baii bonds) glven vr executed fn !he coe+rse of business, and any
instroments amending or afiering the same, and consents to (he modificaGon a alle�aUai of any instrumenl referred to in said bonds a a6tigations.
tn Witness Whereof, said FEOERAL IkSUFtAtJGE CqhiPANY, V[GiCANT tNSURANC� COMPANY, and PAC(FIC litOE�dN[iY COMPANY have eacti sxecuied and aKested
ihesepresentsandaffixedtheircorporatesealsonthis`�St dayot QCtObBi', x0'(2.
�
��
u.
County oi Somersei
Ore this 'i S� day ot Oetober, 2012 betore me, a Nofary Public oF New Jersey, personaify came Kenneth C. Wendef, ta me knarm to be Assistan{ g�elary of
FEDERAE. tNSURANC� COMPANY, V!GltI1NT INSURANCE COMPANY, and PACIFIC INO�MNI7Y COA4PANY, lhe companies vfiich execcrted the foregoing Powec of
Atlwney, and the said Kenneih C. Wendei, being by me duly svrom, did depose and say that he is Assfsiant Seaetary of. FEOEKAL INSt1R�lNGE COMPANY, VIGiIANT
INSURANC� COMPANY, and PAClFIC INOEMNIiY COMPANY arxi knows tha corporale seats lhereo(, ihai tfie sea(s affixed to the foregang Pa�er of Attomay are suCh
cofporate seals and vrere ihereio a�ixeti by authority ot the i3y Lav�s of sald Cvmpani8s; and that he signed sa4d Power of Attorney as Assistanl Secretary oi seid Companies
by like authority; and that he is acquainted vrith oavid B. Nwris, Jr., and knows hlm to be Vice Aresident of said Companles; aad tha[ the sig�ature af David B. Norris, Jr..
sub5cribed to said Power otAkiomey is in the genuine handwriling of David 8. Norris, Jr., and was ihereto svbsccibed by aulhorityoisatd f3y Laws a�d in deponenfs prese�ce.
Noiariai Seat
KATN�RINE 1. ADELAA�
NOTARY PU$LiC O� NEW 1ERSEY
No 2316685
Commiuion Ercpira� luiy I b, 2414
CERTIF(CATIOPi
Ext�act from the By-
Attn: Surety Department
�5 Mounfain View Road
Warren, N,t 47059
��2�1 Q�t----�'
rvotary
INSURAFlCE COPAPAMY, VlGICAN7INSURANCE GOMPRNY, and PAC(F!C INDEMNITY COtaiPANY:
'Atf powers ot attorney (or and on beha[f of the Company may and shaii be execuied +n Ihe name and on behat( o[ lhe Company, e(ther by the Chairman or the
AresideM or a Vice Preside�t w an AssistaM ViCe Presidant jofntty wilh thB Secrelary or an Assistanl Seuetary, under Uteir �espedive designations. The
signalure of such offcers may be engraved. pdnted or lilhographed. Tne signature of eaCh of ihe [ottowtng officers: Chalmian, President, any Vice Presideni, any
Assistanl Vice Preside�t, any Secrelary, any Assislant Sectetary and the s2at ot Ihe Compa�y may be affixed By tacsimite to any povrer ot attomey or to any
cerii�cale �efatlag thereto appointing As515Iani Secrelaries a Attomeys- In- FaU fa purposes atly ot executfng anrf attesting bonds and undertakings a�d other
writings obiigatory in ihe nabre it}ereaT, and any svCh parer of aftoraey or Ceriificate bearing such facstmite stgnature o� (aCsimile seaf shall t� va�id and binding
upon the Company and any such power so executed and cerii5ed by such tacsimile signature and facsimlte seal sha0 be vafid and binding upon the Company
with respect io any bond oc undertaking to vfiich il Rs atiached '
I, Kenneth C_ Wendel, Assistant Seaetary of FEOERAL tNSUttANCE COMPANY. VIGitANi INSURANCE COMPANY, and PACfFIC INO�NSNITY COMPANY
(Ihe'Companies') do herebyceriify ihat
{i)
(ii)
{iiiy
ihe foregoing e�ract ot the 8y- tavrs of the Campanies is Vue and carrecl,
lhe Companies are duty licensed and auUwrized to t�ansatt svrety businass in aff 50 of lhe United Slates of America and ihe DislriU of Co�umbia and are
authorized by the U.S. ireasury Oeparimerd; fucther, Fe�e�ai ansf V'�gltant are ficensed in Puerto Rico and 1he li.S. �rgin Islands, and Federaf is ticensed in
AmerEcan Samoa, Guam, and each oi ihe Provinces of Canada axcepl Prince Edward Istand; a�d
the toregoing Aaver of Altaney is true, carcect and in fulf lorce and effed.
G1ven undef my hand and seals o( said Compantes at Warre�, NJ this�� day of c`�; [.kJ ��
S �1
� . .
Q
IN TFiE �V�N7 YQU WISH TO NOT(FY US O� A C[AIM, VEF2(FY TNE At3THEt�TiCiTY OF THtS BONR OR NOTIFY US OF ANY OTHER
MAiTER, PLEASE GONTACT US A'i AODR�SS LISiED ABOVE, OR 8Y Telephone {808) 903- 3493 Fax {908) 9o3- 3656
e-mait: sure chubb.com
Form 15-10- 02256- U(Ed. 5- Q3} CONS�NT
STATE O� NEW JERSEY
C�N�'Ll�i O� iNi�R�S`� �l1�STIONNAI��
For vendor or otf�er person doing business witf� local governmental entity
This questiotuiaire roflects chan�es made to the law by H.B. 74�J1, a0th Le�., Rec�ular Session.
This questionnaire is being filed in accordance with Cfiapter 176, Local Government Code
by a person who has a husiness relationship as defined by Section 17G.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administratorof the local governrnental
entity not later than the 7th business day after the date the person becornes aware of facts
that require the statement to be filed. See Section 17G.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person who has a husiness relationship with local �overnmental entlty.
McCarthy Building Companies, Inc.
� Checic this box if you are filin� an update to a previously filecl questionnaire.
� ti A,
OFFICE USE ONLY
Dale fteceived
(The law requires ttiat you file an updated completed questionnaire witt� ihe appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurafe.)
Name of local cJovernment offlcer with whom ffier has employment or husiness relationship.
None
Name of Officer
This section (item 3 including subparts A, B, C& D) must be completed for each officer with whom the (iler has an
employment or otf�er business relationship as defined by Secfion 176.001(1-a), Local Government Code. Attach additional
pac�es to this Form CIQ as necessary.
A. Is the local government officer named in thfs seclion receiving or likely to receive taxable income, other ihan investment
income, frorn the filer of the questionnaire?
OYes � No
B. is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from ihe local
governrnental enlily?
� Yes � No
C. Is the filer of tliis questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership oi 10 percent or more?
� Yes � No
D. Describe eacl� employment or business relationship with the local government officer named in this section.
None
06l20/2013
Signalure of person doing business ��rilh 1he governmenlal enlity
� .�-.
Adopted 06/2fl/2007
.�'I`�+�' �:,\,, �,�
'4s.��
t1 d �. � - � . - ub' .' ,; ._ i�.� `+..'�
,h 4y . . � . � � � �� +. �- # 4 _' �S
� � �, ' .► � � � y� �+. ,� '� -• a _+, �- � ;
. ,� � +° ' . � i.��. '� �, ^�:.��
r� ''' ' � .�, t �
� � i '� . z y
��� i � � "�'t.�,� .. � . �� s �� s+.� � -�" "�t.;,; --:.
� - F . � tA �'. �' �t � '. f.
'�� `' . ..5�. Lt�. . � t �a ' ' � ��+.
�
,� �.. a `�, ' ; ' , � �`#M; ,���;
..1 � Y ��� , � t,y�
{
4=. !� 1�C. . . .. � ~ •��� . . ���, -' i� �
'• „}, � � �� *�^�
. . � 4� ,,'�, �. }y T . . . , r " ���,1� �� y4 �' � � i '�•��
`'� .� 3,, _ �..����1`` ,�� . ;'�`� ,�'�;
� � - � . �.•,� ,�, � .. ..A,'*�
�b' � � `' '``
�+. �' - �' 9 ' • �� S . �� �� -��
�.
� �, � ,�,. ° ` � . �.�1 �, ' �, ,, ,
`,, J� �. �' . . . �� y�,.� �� ti "�` + -t �. e,i�s".R
*t . . . � `���§ '�k ;' '� ,� .. $ � a_ � 1� i``'!-
' 1� � . s 5 ��'.
�' �, �`'a �,�` "� '4t w' a - ,�°1
1, '� 'S`F ' . � '��. ' : � . s�'s � � r`+.t �. � r . • v� ya .t`§,.' •,Q �,�4 �
y 4.� ' � tri.; '� .} '•-.�� } , � �� � �
f� +,5 — y �
y � • -A � 1 . " �, � _ y �
�i''. � � 4 • ' �.a � � � r � .� 4'� \ , �t��}, Yic.
4��� � Y� c ��'y �.ry� j� `,� F;�ry. 4 -
� . � l -,�4. . . . , � ti� .. ,� } ` ..
'��t, �� ' •.� � � 4 , ,� , �' k � y .. w'.�... �.
. y �'�. � '�;,�� `�r }` �. \ � �'�4''� r . 1 '''{�` _ -�
�� � �,'4 '1�� �, ' �t � ` 4 -�
� � . �.' r�`�a, .`l^, � � tr$
�'�.�1 ,� L' �" y _ +� t\4' .� ly4 9
. � � . ` ' Sti. . ' ��� ` � ��.. ( �4 '�.,',� � ; '�' k . ,, Y' � ,�. �
'°4 � t,� �y ���y��.,� f ��
_ � �c`�0, ,�� �•,�i l� , � '♦4 '1.�,'� r . '�'il y� ��i ��'`R � �iY�i �
''1 �+��. -:i�. — � ��4. 1 W ry,� `�� ��i.?* '�1'y —
� �45 '4. � '� 'r. � � � � ., y � � `� � � .
, "t". ' , -• �1� � ' � � �� 4 '+. 1, �� ,. L },�a'�� .
� "'�'� f .l J�i ' k'�� +�; 4 � y� �`� � L�,� -
� 'd�� � � h. � +�'}� � � �''q � ,� y .�; k k '
�,I+4'i � , . `'V � � � � r
, ((�i I I
� .# �1�� .:1. S . �: �` Sti'y ' .-� ; i � ���..r� I_��__ ' ��
t ' '�
r �'y� !�' , , 1�� ,�,,i�s 4q3' .�,
x�'4'�_�_ � �___. � _._. ;{�L . _.. '� .. _ . _ •rY'S �.�_. ._ i .�_. �.� � ��..�1,�i� �. h '
_.___. ___.
3. FIRM'S EXPERIENCE AND FIiVANCI�L STABILITY
CMAF2 Experience
McCarthy has extensive national CMAR project experi-
ence and records over $1 Billion per year in construc-
tion volume delivered through CM-at-Risk contracts. In
Texas alone, we deliver over $200 million in CMAR and
Design-Build contracts annually.
FoR� x
TRWD Richland Chambers Wetlands - Corsicana,
TX;$42 million, 1,600 acre wetlands construction and
civil/site work.
SJRA Surface Water Facility- Conroe, TX;$191 million,
water treatment plant, pump station, lake intake
structure.
In Texas, due to lack of
legal authority to utilize Our combination of transportation
alternative delivery methods construction experience and
for horizontal construction, CMAR preconstruction expertise
nearly all heavy civil proj- makes McCarthy the d���s�
ects have been delivered qualifii�d coriiractar to successfully
through Hard Bid or Unit- deliver this ro'ect
Motorola USLI MOS 13 - Austin,
TX; $260 million, 1,000,000 sf
structure that supports 100,000
sf of class M1 cleanroom.
��z�� �
�'�y� f�lidland Memorial
�= "'�; Hospital - Midland,
: ;� � TX; $105 million new
7-story patient tower.
Price Lump-Sum contracts. p � ' United
Until recently, there have Hospital
been limited CM-at-Risk civil /lddition
project opportunities available in the Texas marketplace. Falls, IX; $45.2 million,
However, for the past 20 years, the vast majority of 4-level Hospital Addition.
McCarthy's general building work in Texas has been
through Construction Management-at-Risk and GMP
contracts. As such our Texas office has significant expe-
Regional ` �
South Tower -� �, '
Wichita
170,000 sf, -'�"
University of North Texas Sorority Row - Denton, TX;
$3.6 million, student housing complex for 5 on-campus
, sororities.
rience with this delivery method and has proven precon- Texas Instruments Process Exhaust DMOS 5- Dallas,
struction processes in place to deliver CMAR Services TX; $6 million, Design-Build process exhaust system.
with GMP contracts. McCarthy thoroughly understands
the Texas State Code relative to the CMAR process, sub- UTSW Medical Center Lab Researcli &
contracting requirements, and GMP delivery. I�� � � Support Building - Dallas, TX; $27.8 million,
multi-disciplinary research facility.
Our specific preconstruction
processes and protocols are
already in place so our team
can hit the ground running.
We won't have to go through
a learning curve on your
project.
McCarthy's CMAR experience in Texas alone
includes over 50 projects. Here's a few:
UTSW Overhead Connector Bridge - Dallas, TX;$11
million, 2,000 If, elevated roadway.
�' . W Hotel & Residences - Dallas, TX;$128
[_ � million, 34-story luxury hotel and
. ��'�� condominium tower.
�,��, F`-I &T Performing Arts Center Dee & Charles
� �� iyly Theatre - Dallas, TX; $61.9 million,
�.�=�� `` 12-story, 650-seat multi-form theatre with
support space in the Dallas Arts District.
Texas Instruments DMOS 6 Scrubber Yard
- Dallas, IX; $6 million, Wafer Fab Process Exhaust
System
Texas Instruments DMOS 5 Waste Water Treatment
Plant - Dallas, TX; $3.1 million, Industrial waste water
treatment plant.
Su Clinica Medical Office Building - Harlingen, TX;
$6.6 million, 65,000 sf, family clinic and pharmacy.
Blue Cross Blue Shield Headquarters -
�, � Richardson, TX;$189 million, 1.2 million
—��� SF office complex and 3,500 car parking
`�,�a garage.
University of Texas - Austin Psychology and Child
Development Building - Austin, TX; $41.7 million,
6-level, classroom and lab facility.
Electra Memorial Hospital - Electra, TX; $9 million
Outpatient Services building addition.
� Dallas City Performance Hall - Dallas,
= ` TX;$31.3 million, 46,655 sf, 750-seat LEED
_ �--Y�"= - Silver performance hall.
�:M CITY OF FORT WORTH HEMPHILL STREET PAGE 1
3. FIRM'S EXPERIENCE AND FINANCIAL �TABILITY
Self-Perform Capabilities
McCarthy has a long history as a successful self-per-
forming general contractor, and we take a great deal of
pride in our self-perform capabilities. We thrive on the
challenge of working `hands-on' and owning responsi-
bility for the project. This allows us to deliver the best
final cost, every time.
� For the Hemphill Street project, our
�I� `, �� -:' intent is not to self-perform the entire
�,'� project, but rather utilize qualified
local subcontractors, and small busi-
- '` nesses. However, McCarthy does
" "�� ,, f �'
" intend to competitively bid key ele-
, _ �;
_��—,:i� ments of the work because self-per-
y` forming key work packages allows us
to have greater control over the entire construction pro-
cess - from schedule, to safety, to risk management, to
cost and quality control, which all results in a smoother,
more efficient project for City of Fort Worth and your
staff. Furthermore, should a subcontractor default dur-
ing the course of construction, McCarthy's self-perform
capabilities allow us to step in and complete the work,
without resulting in a negative schedule impact.
With a Texas labor force of over 300 hourly tradesmen
and over $30 million in heavy equipment assets in
Texas alone, McCarthy is capable of self-performing a
majority of the project, including concrete paving (form-
ing, placing and finishing), bridge construction, walls,
excavation, and earthwork. We typically subcontract
underground utilities, storm sewer, electrical, landscap-
ing, trucking/hauling, and other miscellaneous scopes
of work.
When buying CM-at-Risk services, you are paying for the
knowledge and experience that only a true builder can
provide. As a Texas transportation contractor, McCarthy
is keenly aware of local market conditions, material
pricing, and labor capacity. And as a self-performer, we
look at projects from a builder's perspective, allowing
us to provide more accurate cost estimates, better con-
structability reviews, more precise construction strategy
and logistics planning, and better value analysis sug-
gestions during preconstruction, all of which will lead to
lower cost for the City.
In addition to saving money, by self-performing the
critical work, McCarthy can drive the schedule and set
quality standards for the project. We also find that our
Fox� x
subcontractors will maintain McCarthy's high standards
when working side by side with our labor forces. This is
why we say "We're true builders."
Financial 5tability
McCarthy is one of the most financially stable contrac-
tors in the country, with an aggregate bonding capacity
of $3,000,000,000 and $450,000,000 for a single
project. For nearly 150 years of continuous business
operations, McCarthy has never failed to complete a
project or default on a payment or performance bond.
This is a testament to the leadership of our Executive
team, but more importantly given the exemplary stan-
dards set for performance in every McCarthy employee.
We pride ourselves in the relationships and financial sta-
bility which we have maintained for 149 years.
As a 100% employee-owned company, McCarthy's
Financial Statements are confidential, and are included
in a separate, sealed envelope.
Litigation
McCarthy always strives to achieve a successful project
outcome for all parties involved. We work diligently to
treat all the project team members fairly. We proactively
manage and support our subcontractors and suppliers,
and attempt to identify issues early when they are easier
to remediate. Most often, we are able to examine each
issue in a professional manner and come to an agreeable
conclusion before they result in claims.
McCarthy is not involved in any lawsuits or arbitration
proceedings with Owners or subcontractors, which in
the opinion of our legal counsel would affect our per-
formance if retained on your project. The following is
McCarthy's Texas Division's list of pending Claims/Suits:
Project
Red River
Army Depot
TF carkar;�, Te.<as
Port Freeport
F�eepo�t, Texas
Matter/Description
Lawsuit by defaulted subcontractor for
wrongful termination; counter claim filed
by McCarthy for costs to complete the
subcontractor's work.
Third party petition filed against McCarthy
by the defendants in the lawsuit. -- The
Owner, Port of Freeport, filed a lawsuit
against its designers for damages related
to alleged design defects. The designers
have filed third party petitions against
McCarthy tor contribution and indemnity.
McCarthy has not been sued by the Owner.
Filed
3/12/13
9/1/12
'' CITY OF FORT WORTH HEMPHILL STREET PAGE 2
�
3. FIRM'S EXPERIENCE AND FINANCIAL STABILITY
Nearly Identical Project:
�exas A&M W�Ilborn �nad �lnd�rpaass
College Station, TX
Owner's Name: Texas A&M University System
Contract Price: $25 million
Construction Complete Date: August 2013
Contract Type: Lump Sum
_ _- -- ---- _ __ _ ------ __ _
Relevance to Hemphill St: Relevant Staff
• Roadway Underpass under Chris Kelly; PM
Active Roadway and Railway Joe Garcia; Sup't
• Retaining Walls Lisa Bishop; APM
• Rail Bridge Construction Kurt Knebel; Executive
• Active Train Environment Michael Bond; PE
• Major Utilities
• Aesthetic elements
Project Description: McCarthy is the prime contractor '
on this $25 million construction of two 2-lane '
vehicular roadways and two 30-foot wide pedestrian
pathways, which transverse under existing Wellborn :
Road and UPRR at the Old Main Drive Intersection.
,�.�r ;,�
A:,.;�
: �,
_._ 'r�n J
��gi ��;. �,�
-T°'- �i�l��e �s:,�� ,
�_ _-__ �= --_. �, :�...�-_
FOR� x
v, .; 1 . '
.,
� W�
��
�, � � ` -� ;. „ "�:
�_ ;� �; ���
The grade separation consists of new 80-foot bridge structures to carry Wellborn Road and UPRR tracks over the
vehicular roadways and pedestrian walkways. Required construction of a railroad "shoo-fly" track to temporarily
divert trains to allow construction of the railroad bridge structure. The scope included extensive site work,
underpass excavation, concrete paving and road work, railroad track and bridge construction, temporary shoo-fly
rail track, utilities, drainage, landscaping, pavers, lighting and electrical work. McCarthy self-performed concrete
paving, placement and finishing, bridge erection, site preparation and subgrade, sheet pile, excavation and
embankment. Work occurred in and around active tracks as over 20 trains per day pass directly through the jobsite.
This project is nearly identical to the Hemphill Connector project and is currently on schedule to complete in Au-
gust 2013, As a result, McCarthy is proposing to deliver our entire staff from this project directly to the Hemphill
project. No other team will be able to hring more immediate, directly relevant experience than McCarthy's staff.
Similar CM-at-Risk Projects:
UTS�II Medical �;enter William P Clements Jr. University
�lospi��al Overhead Connector Extension, Dallas, Tx
Owner's Name: UT Southwestern Medical Center
Contract Price: $11,263,193
Construction Begin Date: I n Preconstruction
Contract Type: CM-at-Risl�
Project Description: This CMAR bridge project includes preconstruction and
construction of 2,000 LF of elevated roadway consisting of 2 twelve-foot
lanes and a ten-foot sidewalk, bridge connection to the existing overhead
connector, and 75 LF of overhead walkway from an existing physician office
building to the new overhead connector, and a covered or enclosed walkway
from the existing physician office building to the University Hospital.
McCarthy is currently in the preconstruction phase and anticipates a GMP
and NTP for construction in October 2013.
��-- -
— �--
� . ..- ����
Relevance to Hemphill St
• CMAR Transportation project in N Texas
• Utility Relocations
• 6 months Preconstruction Services :
• Jeromy Shaw is Precon Manager '
• Kurt Knebel is Project Executive '
�' CITY OF FORT WORTH HEMPHILL STREET PAGE 3
3. FIRM'S EXPERIENCE AND FINANCIAL STABILITY
Dallas/Fort Worth International Airport �utomated P�o�le
Mover Guideway & Elevated Roadway, Dallas, rx
Owner's Name: DFW international Airport
Contract Price: $48,572,307
Construction Begin Date: June 2001
Construction Complete Date: July 2004
Contract Type: Construction Management
Project Description: As part of the DFW Airport Terminal D Program,
McCarthy constructed the 249,000 sf, two-Level Elevated Roadway system
and two thirds of all of the elevated guideway for the Skylink Automated
People Mover (APM) System. Construction included 2,500 lineal foot of
guideway and two 4-story concrete tram stations at Terminal D, as well as all
elevated concrete superstructure for the APM System at Terminals E, and F.
The elevated guideway sections were 60 feet above grade and all concrete
was cast in place. The elevated road sections were designed using a post-
tension system of both multi-strand and mono-strand cables. The work was
primarily cast-in-place concrete, but also included fire sprinklers, highway
signage and striping.
Richland �h�mber� We�lar�ds, Corsicana, Tx
Owner's Name: Tarrant Regional Water District
Contract Price: $42,890,141
Construction Begin Date: March 2011
Construction Complete Date: Scheduled August 2013, 95% complete
Contract Type: CM-at-Risk
Project Description: This $41 million CMAR civil project includes
preconstruction and construction of a 1,600 acres of wetlands area
including three sedimentation basins, 13 earthen wetland cells, bypass
channel, conveyance canals, 1-mile long raw water pipeline, upgrades to
lift station and mechanical/electrical upgrades to a pump station. McCarthy
is self performing 42% of the project including all concrete flow control
structures, roadways atop the levees, mechanical piping and pump station
mod ifications.
San Jacinto River Authority - Surfiace Vll�ter 6�acilify, conroe, Tx
Owner's Name: San Jacinto River Authority
Contract Price: $191,000,000
Construction Begin Date: August 2012
Construction Complete Date: Scheduled May 2015, 31% Complete
Contract Type: CM-at-Risl�
Project Description: McCarthy is the CMAR on this $191 million new Water
Treatment facility that includes a intake structure and pump station on
Lake Conroe, a 30 MGD treatment plant on large site, and a finish water
pump station. McCarthy performed 14 months of preconstruction services
co-located on-site with the owner. We successfully coordinated with three
design engineering firms and a Program Manager. McCarthy provided over
$I S million in Value Analysis savings and delivered a GMP under budget.
McCarthy si self-performing 45% of the project including the concrete
intake structure and lake bridge, earthwork, mechanical piping and large
diameter yard piping. The project is currently ahead of schedule.
�' CITY OF FORT WORTH HEMPHILL STREET
,a
FOR� x
� � � �� � �� _
_ '��� _:�i " ._ �
• CM Transportation project
• Rail bridge / guideway construction
• Roadway construction
• Self-perform paving and structures work
• Chris Kelly was the Asst. Project Mngr
• CMAR Civil project
• Substantial excavation
• 13 months preconstruction services
• Self-perform roadway, concrete and
paving construction
Relevanre to Hemphill St:
• CMAR Heavy Civil project in Texas
• 14 months preconstruction services
• Features a concrete platform and
roadway bridge out on the lake
• Self-perform concrete structures and
site work
• Chuck Shive was Lead Estimator
PAGE 4
— � -- � .� ----
_ 1�� - � � ya _ �».at . ���("
�, - -
, :_ � _ `"
-- __ _ , � _- ��._�.
�,�.� � -�„—� �
t _;� �-� st '�c� � :<:< - �,,,
}
� 3 �-i • `�` �
�' �nt� _�� � �
j ��t���' t - -
� ,'� �;�� -----
3. FIi�M'S EXPERIENCE AND FINANCIAL STABILITY
Similar Transportation Projects:
��/��:`�` �R� C��Iflii�e �r�a�i� �e}�ara�ion, Irving, rx
Owner's Name: Dallas Area Rapid Transit
Contract Price: $46,291,453
Construction Begin Date: September 2007
Construction Complete Date: August 2010
Contract Type: Lump Sum
Project Description: Two-phase $46.2 million conversion of an at-grade,
single line rail into two elevated railroad lines for the Trinity Railway Express
(TRE) in the City of Irving. Designed to eliminate the at-grade traffic conflict
between train and automobile traffic at three key intersections in Irving.
The project consists of 122 spans totaling over one and one-half miles long.
The two-phased, dual-track project required construction of one half of the
project while rail traffic continued on the other half. Throughout the entire
project, McCarthy worked immediately adjacent to active commuter rail
traffic.
Cameron County West Rail
Owner's Name: Cameron County
Contract Price: $24,830,000
Completion Date: March 2013
Contract Type: Lump Sum
Relocatior�, erownsville, TX
Project Description: Construction of a$24.6 million, 6-1/2 mile railroad
bypass and international bridge for Union Pacific Railroad. Project
consisted of bridge deck, rail, concrete ties, ballast, beams, girders,
abutments, piers, drilled shafts. The project included a levee access road,
roadway improvements, culverts, grading, a Department of Homeland
Security facility, SWPPP, wetland mitigation, vegetative buffer area.
Dallas County IH635 at Towneast Blvcl, Mesquite, Tx
Owner's Name: Texas Department of Transportation
Contract Price: $52,054,115
Construction Complete Date: September 2009
Contract Type: Lump Sum
Project Description: Phased construction of two new bridges and retaining
walls to carry the IH-635 mainlanes over Town East Blvd, new exit ramps,
a new entrance ramp bridge, reconstruction of the frontage roads on new
right of way, widening of highway mainlanes and Town East Blvd, as well as
extensive utility work, drainage, sound walls, traffic signals, landscaping
and illumination. 127,000 sy of concrete paving, 63,000 sf of bridge deck,
4,000 sy landscape pavers.
FOR_ T�WoR_TH
Relevance to Hemphill St
• Rail Bridge Construction
• Constructed in Phases
• Work in active train environment
• Extensive Railroad Coordination
• Lisa Bishop was Asst. Project Manager
• Chuck Shive was Lead Estimator
-- -�-��r�i l, ��. ��,� ,� ��
f i ��-_
���
� -� J� � �i � `; �
� � ._� ���� _ � �� i:'�
Relevance to Hemphill St:
• Roadway project in North Texas
• Concrete paving and bridge construction
• Extensive aesthetic pavers, walls, lighting,
and architectural soundwalls
CITY OF FORT WORTH HEMPHILL STREET PAGE 5
__ _ _ _ __ i=�„�,�,�n st:
• Rail Bridge Construction
• Coordination with UPRR
�_; _ =
r;:. _:,: _
!Y�_ __ -=�j ��
t,r, 4,yL;�.:.
�=�:: .,� � s
'.;g. .
� :1 ';
�>ir�.�_::
� �Y'`i :
� ;..`._'?.;-r"_
�: �
`.�''
j�,L:�. ... .. .
� �F
-_,F:� -
� _ i <` r v
WORTH
L � ' j `�Y
.:i
� (j�
, �' �r
�f '-i-
r'. `-'.
�.�
��
�
i:::r'..;�� ;>
- '=:�: < ;: ;.
' _.'R '"
_._. _rt.� ��.:,_
- = s;
U.-��?:::.'.:�
-
�
Pricing of CMAR Services
,_-L.
ir� i �_ b iLll �i; ,
�
:� � �:
�
Addendum #3, Item #2:
EXHIBIT F(page 26 of 26) is replaced with the following:
"Exhibit F-
Construction Budget and Fee Proposals
Proposer's Proposed Fees
Pre-Construction Services Fee
Minimum Fee
Additional Fee(Proposer's discretion, cannot be negative)
Total Pre-Construction Services Fee
Construction Services Fee
Total Construction Services Fee, expressed as a percentage of the
Guaranteed Maximum Cost of the Work. For comparison
purposes, $12,000,000 will be used as the estimated Guaranteed
Maximum Cost of the Worlc
3.5 % x $12,000,000
$ 25,000.00
$ 35,000.00
$ 60,000.00
$ 420,000.00 "
Hemphill CMAR Addendum#3 page 3of4
�� �
���: ;
'r" - �.
_ � - _
� ,:_
r�-.
� -x
t° -
r.
±` -
r: .>-%.:..�, �:;,'
�+� ' - y
i
f�-':'::', .s::.=:i
�Fi
��,�
� � x3�'
- _ =s
-'.,F
>".-.,. ._ _.�t..
WORTH
: '• �
Qualifications and Experience
of Key Personnel
•
� �.
���I;,r�•.
� 'it `'�i
»
. 't� -;.,.�n..�
� - '; t• ���ire � �� '�_' � :��� + `-�c�y'x�,� � 1 '!�
1
•� 4# � �_
�� 7�Gf4 a4s�iii�'�! �.+"-����.+. •�,�`�� - � '+��'�` �� `'�yy�t�. 'a�
� i � �! � !�,!�iy�� ' . i � a f 'c t
e .��a � ; �.i� �.. Ek,i �f�&� � � 1�i � * �
r.. . ,t}�' � �r.. • -y�,- I�j�� - � �a. � : ♦ � . � _
��;��� � � ��► � �*� � : , �` t� � �. .� �» �-s � ; _� �, �. �� �. . '
�:. . �� � ► z�.1�' �� '�y�. �i� ;.� �'�ij �p
� �' � �_�� � �„� ti������,t.��•y�����_ Ll � � �1 �
T3 �
' 1.�►-� ? 1 � ,� � =�� -`'� �� :;� , �,� _ � � t . �� <
-_-- _ - : � __ - � '. ,�,� � �. - �-�--��.
�-+�'- .��� ��� .��5 l+tY,�� '���. ��I rt; u,� �,� � :�_ i:
� ' ..- i1 � �•�' � t� y —
� �♦`' �_t� ,� � :'` � � ��.. ��, �
: —� �� �".��.+ys, �` ' • ,,`-� ,'P ; _�=
#t �-- �' +' -�- "` '�'�,;�'�.:�'`'�' , ,d,.
� � .y ' 7 t..i �. � R� .�-� _,r _'b '�1 s 1��..
_ �r �"� '� � � ��j �+'�.� � ` �
- ��� � � �- � � `� C � "t�'�`- �i
—_� , � � i y� � �v; ��� r.�-��
� s '� i
�- .
} �- �" � : � __ � --�-�'' -�:� �' ; � f �
�� �
''� _ . _ �' �y � �'r ,�- �` ♦ ��' �::
� �� + •� ' ��� �_�� � � sq
i .�-� � - � � �. � � . ��, � �'� �. ,;
�.- � A .� X �- � -�'-� . � _
��- �1,��►�` i 1 .�' t�
_.l. = - '
� _ _" �-�� T �' � ��:�'- � :. �� !
:-:�': ' '
: ' � ' ��
�f pti i/:.i�
.,
F �.,. �
..;
. �',� !
���
s�
� � �j
�€
! r `. �.L� 1Sar
� ��
��
#�r
��
I
. y
"�e+.
� K 1�
� r .�
��3'��.,�_ ., �... =
��--�,q„'�'�*�-�....+rFe'�,
E'. _
�- i � ��
r r � _
` �I� i • i (((
' � ����.
����!'� r� �' .
�����; � :
, 2,.�._ =
F�s� � d ; �tt� �
a�
•i ► �` �
���'��
� t
�- .1 °x�.
� C
� � ��
� yf �a .
i�'" �
4t`�
���
,�
��
��� -
`f
5. QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
McCarthy is proposing a highly qualified and immediately
available project team with experience working together.
Reasons this team will bring value to the Hemphill Street
project include:
• 7 team members that have successfully completed
projects under CM-at-Risk Delivery.
• 8 team members currently working together on a
nearly identical project.
This team, more so than any other, will be able to hit the
ground running and provide the City with high quality
CM-at-Risk services.
Our entire preconstruction team is currently available
to begin working with the City and the CDM design
team to provide preconstruction services for the project
immediately. McCarthy commits that all proposed
project team members will be made available to respond
to the needs of the project.
CMAR Project Organization
McCarthy has developed a collaborative staffing
chart that reflects a focus on efficiency as well as
accountability for the Hemphill Street project. Our
top down approach offers Fort Worth one Project
Executive, Kurt Knebel. Kurt will give the City a
single point of contact for all executive level project
communication from cradle to grave - preconstruction
through completion and warranty period. Kurt directs
and oversees both the Preconstruction and Construction
teams, as well as the project support team.
Reporting directly to Kurt is Chris Kelly, Project
Manager, who will oversee both Construction and
Preconstruction teams. Jeromy Shaw, Preconstruction
Manager, will lead our Preconstruction Team and Joe
Garcia, Superintendent will lead the Construction
operations on-site. Each will report to Chris.
Reporting to Chris on-site are Superintendent, Monte
Cook and Project Quality Engineer, Lisa Bishop. Project
support staff such as other Project Engineers, Safety,
and Administration individuals will carry out other
managerial duties, as needed, that allow us to deliver
certainty of cost, schedule, safety and quality to each
element of this project.
Our team will be seamlessly integrated as the project
staff will be individually focused yet accountable to
one another to deliver the Hemphill Street project in a
Fox_ T�
coordinated effort. Project Manager Chris Kelly will act
as the primary liaison to the City and the Transystems-
led Design Team.
Our Team's philosophy is to facilitate individuals at the
correct position level to solve problems expeditiously
by empowering decision making. Our team is organized
such that each team member brings the proper level of
experience to his or her various project responsibility.
This ensures that the knowledge base and decision
making abilities are present to facilitate an efficient
project work environment.
McCarthy has found that communication during a
CMAR project between our Team members and Owner
or Designers works best when members from each party
hold equivalent positions. Matching the correct level of
decision makers together creates an empowered Owner-
Engineer-Contractor CMAR Team. This model allows
quick reaction, quick consensus and quick decisions
which ultimately lead to a well-run project.
4tey Team Members
� __
= PROJECT EXECUTIVE
The McCarthy team is led by Project Executive 6(urt
{4nebel, who will be committed 33°/a to the project.
Kurt will provide leadership of the entire project from
cradle to grave. He will provide leadership to the
construction team, attend monthly owner meetings with
Fort Worth, and be ultimately accountable to the City
for McCarthy's performance on the project.
Kurt has more than 25 years of construction experience
and brings both CMAR and design/build experience. He
has successfully led numerous civil and transportation
projects, including the $11 million UTSW Overhead
Connector Bridge CMAR project and the $25 million
Texas A&M Wellborn Underpass in College Station, TX.
Kurt is a well-rounded construction professional with
excellent credentials to direct the activities of the
project team. He will be the City's main point of contact
and will lead a team of the experienced professionals
listed below.
During Preconstruction, Kurt will provide oversight to
�� CITY OF FORT WORTH HEMPHILL STREET PAGE 6
5. QIJALIFICATIONS AND �XPERIENCE 0� F(EY PERSOf�1NEL
the overall efforts of our preconstruction team. He will
ensure the preconstruction team stays on schedule,
delivers timely and accurate estimates, engages the
subcontracting community and is responsive to Fort
Worth throughout the preconstruction phase.
Chris {<elly, Project Manager, will be committed 100%
to the project to oversee both the Preconstruction and
Construction teams. Chris possesses significant civil
and CM-at-Risk project experience and is also currently
working with Kurt Knebel, Joe Garcia, and Lisa Bishop
on the Texas A&M University Wellborn Underpass
project.
As Project Manager, Chris is the day-to-day leader
of McCarthy's team and is responsible for delivering
the project on-time and on budget while meeting or
exceeding the budget, safety and quality expectations
of the City. Chris will be active in the preconstruction
process and will lead site logistics, construction planning
and constructability review efforts. His involvement in
preconstruction will facilitate a smooth transition to the
construction phase.
During Construction, Chris will assist in negotiation and
buy-out of subcontracts and purchase orders, finalizing
master construction schedule and coordinating
subcontractor activities and manpower requirements. He
will also have responsibility for final review and approval
of schedule of values and monthly pay requests.
Chris will set up the construction operation, manage
the day-to-day activities of the construction team
and remain on-site during project close-out to make
certain that the project is constructed and delivered in
accordance with the City's requirements.
@reconstruction Team
Fox� x
Jerorny �haw will be committed 50% to the project
during preconstruction and will be the overall lead
for McCarthy's preconstruction services. He brings
extensive road and bridge preconstruction experience
to this assignment. Currently, Jeromy is leading the
preconstruction effort on McCarthy's $11 million UTSW
Overhead Connector Bridge CMAR project.
Jeromy will oversee the development of all project cost
estimates and other preconstruction deliverables. He will
develop our initial budget and cost model and lead the
development of the GMP for the project.
Chuck Shive will be committed 100% to the project
during preconstruction and will lead the day-to-
day estimating activities during preconstruction.
Chuck will lead the day-to-day estimating activities
during preconstruction focusing on the mechanical
and equipment aspects of the work. Chuck has 27
years of heavy civil estimating experience across the
state of Texas including treatment plants, civil work,
roads, bridges and railroads. He will be involved
in take-off, pricing, value analysis, constructability
reviews, and subcontractor engagement throughout the
preconstruction phase. His relationships with the civil
subcontractor community will add value to the City.
Dennis Schulze, PE will support McCarthy's Value
Analysis efforts during preconstruction, and will attend
all Value Analysis sessions with our team and provide
additional cost saving recommendations. Dennis is
'� CITY OF FORT WORTH HEMPHILL STREET PAGE 7
9;
5. QUALIFI�/�iI�N� fal�i� �XP�RI�f�1C� �F FtLY �E�tS�NNCL
intimately familiar with the Hemphill project, and
participated in previous three-day long Value Engineering
sessions with the City of Fort Worth and Transystems
representatives. McCarthy's staff and Dennis bring
current, ongoing relationships together on rail projects in
Fort Worth.
Bert Williams, of TEI Program and Construction
Management Inc. - a certified MBE firm, will be
committed 33% to the project during preconstruction.
Bert has more than 30 years of experience specializing
in Civil Engineering, Construction Management, Site
Development, pavements, drainage, and Municipal
Utility Districts. As part of McCarthy's preconstruction
team, Bert will provide Scheduling and Cost Estimating
support services during preconstruction.
Consiruction �'earn
�• '
-�''-
PROJECT SUPERINTENDENT
Joe Garcia, I'roject Superinfendent will be
committed 20% during Preconstruction and 100%
during Construction and will serve as the General
Superintendent. In this role, he will coordinate,
schedule, and inspect the work of the various
subcontractors and any self-performed labor. His
emphasis is on the actual construction work, as opposed
to the documentation and submittal process. Joe will be
responsible for implementing the Safety Program during
the construction phase of this project, and will conduct
on-site safety meetings, task-hazard analysis, toolbox
safety meetings and all on-site safety training.
Joe brings 26 years of civil and transportation
experience, including his current Texas A&M Wellborn
Road Underpass project. He has worked together
with Chris, Kurt and Lisa on past projects. Joe will be
located on-site, full-time during construction.
Fox_ T,� x
Lisa �ishop will be committed 33% during
Preconstruction and 100% during Construction and
will serve as the Project Quality Engineer. She has
11 years of experience in road projects. Lisa will be
active in the preconstruction process and will lead site
logistics, construction planning and constructability
review efforts. Her involvement in preconstruction will
facilitate a smooth transition to the construction phase.
Lisa will be on-site 100% for the duration of
construction to support Chris and handle many of
the Project Administration duties, including project
accounting and cost control, and RFI and submittal
management. She will support Joe in managing
the Quality Control process, she will lead the pre-
installation meetings with all subcontractors to ensure
quality control standards are met for the project. She
will supervise and coordinate required mock-ups and
take the lead in Shop Drawing and Submittal review and
processing.
Additional support resources include:
Bruce Fuller, Safety Director: Bruce has 30 years of
construction safety experience. Bruce is an OSHA
certified trainer and spends a considerable amount
of his time at each of McCarthy's Texas job sites to
ensure McCarthy's safety program is fully implemented
and adhered to by both our employees and our
subcontractors. During preconstruction, Bruce will be
involved with the construction planning activities to
assist the field staff in configuring the jobsite with the
safest methods possible. During construction, Bruce will
visit the site on a regular basis to make sure McCarthy's
safety program is being properly implemented.
Dan Petry, Quality Director: Dan will provide our team
with guidance and direction regarding quality. During
preconstruction, Dan will work with our project team to
develop and implement the Site Specific Quality Plan
for the project. He will maintain overall responsibility
_ __ __
�9: CITY OF FORT WORTH HEMPHILL STREET PAGE 8
5. QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL
for implementing McCarthy's quality initiative, "Quality
without Question" and will also facilitate formal
partnering sessions throughout the project.
For the Hemphill Connector project, McCarthy's
projected team time commitments will be as follows:
f'RFCON�TRUCTI�R�
Project Executive, Kurt Knebel
Preconstruction Manager, Jeromy Shaw
Lead Estimator, Chuck Shive
Value Analysis, Dennis Schulze
Project Manager, Chris Kelly
Scheduler, Bert Williams
General Superintendent, Joe Garcia
Project Quality Engineer, Lisa Bishop
33%
50%
100%
33%
100%
33%
20%
33%
GONS I Rl1C I IOIV
Project Executive, Kurt Knebel
Project Manager, Chris Kelly
General Superintendent, Joe Garcia
Project Quality Engineer, Lisa Bishop
Fox_ T�
33%
100%
100%
100%
CMAR Project Transportation Texas A&M UTSW Overhead TxDOT Beltline
Exp. Project Exp. Wellborn Road Connector CMAR Road $24M
Underpass $25M $11M
Kurt Knebel � � o p
Chris Kelly � � � e
Jeromy � � � e
Shaw
Chuck Shive � � � � p �
----�
Joe Garcia �/ �
Lisa Bishop � � �
Bruce Fuller � � � o �
Dan Petry � �/ � � �
-�
�
�' CITY OF FORT WORTH HEMPHILL STREET PAGE 9
a
Z
�
H
Q
N
Z
a
C7
d.'
�
H
U
W
�
O
�
a
LLl �
a ���
E N �
(Yi fn !
� W ..�
� �.
E J �
W
F+..� = Q
U �
� �
J �
W �,
m �
W �
Z K
Y �
� v
= O
Y �
r�
J �
J �
W �
Y �
fn �,
4-' y
_ �o
U a
___ .� .
N
w-
�n
a�
U �
a °�
cv .�
w�
O �
�
U
a
.a
G_
�
�
c
a ��
o�
x'-`'
N .,d7'
m'�
a=
N �
J i�
N
.p
�
G
0
N
w
.�
.�
�
Q
O
W Q � O i.7 J
Jc� }� Z._:
°� � ._ O Gl
LL � H [a '� GA
W Z,�
W >. a ,� -
�`� Q= Y�
pp� �C7 �
�
�
�
c
a�
=c
�a
� L
i
� N
W �
"'f V
�
o �
.�
U I
i
� I
O
U I
�
C1D I
0
� �
c �
n4
�I
�
� I
O I
+� I
.�
C I
C I
O
U
a v�
a v
c S � N
a �, � e
O� �� Q� �� p c
J
�
Z W (�CI d' .� �±' � ��
� Z Y � Q a _
� a; m N
za� Z � Q1 W �i f� U� a�
=�o �`n �� ��
v" a a`�, �' � �
'o
0. U J �
�
� W
= v
� � � W ,N
N
a�' � � = a v
� Y �j 2 a � a
F � �t7 N � .�
� � �
W = a N > 1-
U �a Z �
Z W
W m
�
O
.-�
W
�
Q
a
'
H
W
W
�
H
�
J
2
a
�
W
2
2
F-
�
0
�
O
O
r
F-
U
y, : �'s : r�`: i �. :
T."
.� _
i �,
� �,
�� .� `� '
�-
,
� � ���
,� � � �4,,
�'; � t . '- i t r
�. , �
'-� 7 � � :j.� j
5�
.,j, � �
�_ -,'r `� �� �'9 ��
4 Y �`����'�1
�� : r4���;:
� { ; �1
.i �,
��"tic,i � r .. _ . ;.
*�` '� � i �
i i t \
��
�
r� �
� � �'�
�f ,�
a�
WORTH
��:�
_ .�,�
, �,;
z,
��� ����
,
y :j-z. '
`._s_. •.•'
- , _'i�: ��� 7. j.
t--s"+.-.^'.`n:4 --+- -.
�� ;
-�� �:�
t
� �; �,���i � ��4
'. �T• .c; �_.'�
.. r � �
— r s� � Y �� �� �, � � , -•
��
`r,:� 1�3 �.. t.�:�
%T � .�,i
� , a��„ ,�i�° �
�
��
. � ;''�'i�3��,.��*"�
_ . , � � �l #rF i� F�.
.. � �,�.;.' _ k,�,�.�ti_f +
r i ��
,
' . i '-
�' � II
� ��i�� —� e �, � �
�
i �, ,
�
r,
',�� � ��j, d
_ �
� ,a:
, � .
�; , _
.
::;�_ � :�� p
�
� �}, � �
_ S� r
�..> �
� + 5� �J .
� , -
Proj ect Approach
�=� :
�," '
:§ •a
��. -_ � - f.°
t�__ - -E�
6. PROJECT APPROACH
PRECONSTRUCTION APPROACI-1
McCARTHY ADVANTAGE
It starts with Communication
As CMAR, we understand our role is to serve as Fort
Worth's advocate throughout the process. We approach
the project with a spirit of collaboration and a desire to
achieve not only a successful project, but an enjoyable
experience for all parties involved.
During pre-construction meetings, McCarthy takes the
lead to eliminate barriers, develop mutually beneficial
relationships, and establish and monitor project objec-
tives. We communicate and facilitate action items
and deadlines. Project Manager Chris Kelly will direct
McCarthy's overall project team, with oversight from
Project Executive Kurt Knebel. During Preconstruction,
Chris Kelly and Jeromy Shaw, Preconstruction Manager,
will attend all preconstruction meetings, while estima-
tors, schedulers and other field personnel attend meet-
ings applying to their particular disciplines. Our goal is
to understand every inch of the project so we can advise
on constructability, schedule and cost, enabling you to
make informed and timely decisions.
FORT WORTH
Actively engaging our key construction personnel
early in the preconstruction phase is fundamental to
McCarthy's process. Because we are a true contrac-
tor, this allows the design team to take full advantage
of our insights into constructability and sequencing
logistics that might affect design details and project
costs.
,
, , ,� �,
- �,,
� 4
� t '
d �� '� �Y ;
�. . 'r
�__ �_�_.__! r �> _ � . _ s��_ �
quantity of work is accurately represented by the activ-
ity, the duration to complete the work is reasonable, the
resources (materials, equipment and manpower) neces-
sary to complete the work within the time frame will be
available, and that the work progresses in a logical flow.
During the design phase, McCarthy's Pre-Construction
Team will work closely with Transystems and the
City of Fort Worth project staff to provide input
regarding the new Hemphill Street Connector, includ-
ing the constructability of the entire design, sched-
ule, and cost implications. That team, including our
Project Manager, Preconstruction Manager, Lead
Estimator, Estimating staff, Construction Manager and
Superintendent, works together in the following ways:
We keep the project moving forward on time.
McCarthy creates realistic preconstruction and construc-
tion schedules that meet your objectives. In collabora-
tion with all team members, McCarthy establishes a
design and construction phasing strategy. As necessary,
we can propose early, phased GMP solutions that allow
for the construction schedule to be optimized. Based on
the project needs, required approvals, design status and
financing, we will continue to bring recommendations to
Fort Worth to evaluate and approve.
During the development of the Project Schedules, we will
go through an extensive planning process to ensure the
The schedule also includes submittal and procurement
activities for all critical or long lead items that could ulti-
mately impact the completion date. Prior to commenc-
ing construction, all subcontractor submittal and work
activities will be agreed upon and included in the master
schedule.
Next, we create a Design/Construction Schedule that
documents activity requirements for each team member.
This schedule is reviewed and updated on a monthly
basis to ensure successful compliance to our monthly
objectives. A Milestone Schedule is then developed
and expanded from the preliminary design/construction
schedule showing planned milestones, or major events,
of the construction phase. It reflects the additional proj-
ect definition developed throughout the design process.
Further expanding on earlier schedules, McCarthy then
prepares a detailed Master Schedule as design docu-
ments are completed. Our goal is to inform you of deci-
sion points that facilitate the design and construction
process, resulting in an on-time delivery.
Value Analysis
�CITY OF FORT WORTH HEMPHILL STREET PAGE 11
3
6. {�ROJECT A{���t(��Ct-I
Value Analysis is a critical component of our design
phase services. A sys-
tematic approach to Value Engineering
maximizing the effect provided early in the
project by McCarthy
of every project dollar can have significant
spent, McCarthy's Value cost savings to the
Analysis process evalu- project.
ates alternative materials j
and equipment to main- , �`��, �,;;� -= �--�•�
tain a specific level of � �, - ' 4 i
performance while reduc �';- � � �
ing costs. Our precon- ����� ��` ��
struction team will review
all plans and specifications during the pre-construction
phase and recommend alternate design solutions that
may improve the cost and quality of the final product.
Our means for controlling this recommendation is
through the use of our Value Analysis Log. This track-
ing document ensures that the approved items are
actually incorporated into the drawings and ultimately
accounted for in the budget.
We have reviewed the July 2012 Value Analysis
Session and resulting report. Immediately upon
Notice to Proceed, McCarthy will engage in at least
two intense Value Analysis sessions with the team
members from the City and Transystems to expand
upon these options and recommendations, and pro-
vide more current market cost data. These ses-
sions will involve both our estimating and construc-
tion team members and, at a minimum, include:
• Identifying needs and definition of function.
• Creating solutions to meeting the basic needs or
function.
• Review of contract documents and budget estimates
to identify items that are not within the guidelines
of the specifications.
• Developing the costs for the various alternative solu-
tions.
• Evaluating and prioritizing the various solutions
based on project criteria, feasibility of implementa-
tion and cost.
• Selecting the optimum solution and implementa-
tion.
FORT WORTH
To enhance our Value Analysis efforts, McCarthy has
supplemented our team with Dennis Schulze, PE of
HDR Engineering, Inc. McCarthy and HDR bring a
long-standing relationship with one another and are
currently teamed together as a design-build team in
pursuit of the TexRail Commuter Rail project for the
Fort Worth Transportation Authority.
As a member of our preconstruction team, Dennis
will attend all Value Analysis sessions with our team
and provide additional cost saving recommenda-
tions. Dennis is intimately familiar with this project,
a n d r e c e n t l y p a r t i c i p a t e d i n a t h r e e- d a y l o n g V a l u e
Engineering session with the City of Fort Worth and
Transystems representatives.
Together, our preconstruction team will objectively
review all design documents to prevent omissions and
overlaps, to create concise and complete bidding and
construction documents. Our role will be to provide
information on the relative cost of alternate design
solutions, which may be under consideration. Our
emphasis will be on cost control and the impact of
potential decisions on the established project budget.
We will study the cost and suitability of the design
with an emphasis on cost-control and the impact of
potential decisions on not only the first cost, but also
the long-term performance and maintenance cost. We
understand the tight budget constraints for this proj-
ect, and our Value Analysis process will minimize vari-
ance from your schedule and budget objectives.
McCarthy's entire proposed Construction team is
currently building a nearly identical project at Texas
A&M University involving construction a new roadway
underpass beneath a railroad bridge. As a result, we
can otfer directly relevant constructabilify and value
analysis ideas and recent actual cost histories to the
Hemphill project.
Constructability Reviews
Once the Value Analysis process has begun and any
recommendations are chosen implemented into the
revised design, McCarthy will also perform a com-
prehensive constructability review. These reviews are
critical components of the pre-construction process.
McCarthy's preconstruction team takes a disciplined,
pro-active approach to this review. Cf�ris Kelly, Joe
Garcia, and Lisa Bishop will lead this process and
��.CITY OF FORT WORTH HEMPHILL STREET PAGE 12
�
�. ���J��i' �PL�{�(�l�Cl�!
assess:
• Construction efficiency
• Cost-effectiveness
• On-site construction logistics and phasing, includ-
ing site access and minimizing any disruption to the
nearby neighborhood.
• Design ambiguities that require detailing
• Possible inconsistencies between design and the
specifications
• Any scope growth that may affect cost
Throughout the review process, our role is that of a
construction resource, lending our construction exper-
tise to ensure clear, concise, constructible construction
documents. McCarthy's thorough constructability
review process should identify problems and eliminate
the need for most change orders in the field.
McCarthy's deliverables resulting from our constructa-
bility reviews will include a red line set of documents at
each stage of review and an ongoing review log docu-
menting the page, location, and brief description of the
issue or item to be resolved. As appropriate, recom-
mendations and solutions will be documented as well.
This log serves as a checklist to ensure that identified
items are addressed in the next phase of document
development.
The Hemphill Connector is a challenging project and
presents several constructability issues that will need
to be addressed. Access to the project work area is
limited and involves working directly on, above and
around active vehicular and train traffic. McCarthy is
well aware of these constraints and will work with the
City to develop project solutions that minimize cost and
safety risk impacts to the project.
Coordination with the railroads and modification to
the existing Shoo-fly plan is recommended to provide
better and safer access to the work area. Coordination
with TxDOT on possible lane rentals would better opti-
mize beam delivery and setting operation during con-
struction of bridge structures.
Some of these issues were addressed in the previous
Value Analysis session. McCarthy will work hand-in-
hand with the project team to further refine these
ideas and identify the most cost-effective means of
construction.
McCarthy will also identify any Long Lead time materi-
FORT WORTH
al. After analyzing available resources and the timing of
each element's construction, we will develop a strategy
for procurement along with the design team. To ensure
timely delivery, McCarthy will identify, recommend
for purchase and expedite procurement of any unique
material or equipment that may require a lengthy fabri-
cation or delivery period.
Construction Planning
During the Construction Planning process in
Preconstruction, our emphasis will be on the review
and development of Plans, Policies and Procedures for
the following:
• Safety
• Constructability Reviews
• Construction Submittals
• ROW Real Estate Coordination
• Site Investigations
• Environmental Issues
• Scheduling
• Financial Planning & Cost Management
• Contracting Plan Including MBE Participation
At the start of the Preconstruction phase, our first
order of business will be to develop an agenda of
required internal and external coordination meetings
along with an agreed upon frequency to discuss each
of these topics.
During Preconstruction, we will also support the City
in the development of any outstanding Third Party or
Railroad agreements that are in progress or yet to be
started. Any issues relevant to these matters will be
reviewed, discussed and resolved during our external
coordination meetings with the City.
Railroad Coordination
A primary focus during
Preconstruction will be the
development of Railroad Work
Plans. During preconstruc-
tion, our team will coordinate
with the railroads to develop a
construction plan and schedule that will allow for the
project while still allowing the railroads to operate with
minimal interruptions. Dennis Schulze, will lead this
effort and provide the primary point of contact with the
operating railroad(s). Dennis brings extensive experi-
�, . CITY OF FORT WORTH HEMPHILL STREET PAGE 13
3
6. PROJECT APPROACH
ence working directly with the Class ls in Fort Worth.
During preconstruction, Dennis will assist our team
in coordinating with the railroads to understand their
requirements and help us develop a construction plan
that minimizes interruptions to their daily operations.
McCarthy will also customize and refine our existing
corporate Safety Plan to meet the requirements of this
project. Additionally, we will tailor our Hemphill Safety
Plan to comply with the most stringent of requirements
for all affected Railroad Authorities and/or Stakeholders.
At a minimum our Railroad Construction Safety Plan will
incorporate the following elements:
• Roadway Worker Protection Training Program and
/ or requirements.
• Hemphill Railroad Operations and Flagging
Protection Plan
• Railroad Safety Audit program
Preparing Cost Estimates
Upon notice to proceed, Mc-
Carthy's entire Preconstruction
Team will participate in kickoff
meetings with the design team.
During this initial interaction
and interface, we will engage the
design team members as they describe and review their
90% design drawings, considerations, known constraints
as well as other pertinent information. This estimate
will allow the entire team to verify the scope of work.
From this meeting, our team will develop an Initial
Cost Model with elements and definition, schedule
and logistic parameters, as well as the Cost Trend Log
which the project team will use as one of the change
management control tools throughout the project.
This initial cost model is critical as it sets the base-
line for budget control of the project moving forward.
As the design progresses, we anticipate monthly meet-
ings at The City of Fort Worth's offices with all team
members, as well as weekly meetings with the indi-
vidual design teams at the most appropriate location.
We also use our "lessons learned" database (with owner
changes, design errors, omissions and coordination is-
sues from comparable past projects) to help add further
definition to the cost model. McCarthy provides cost
modeling summaries on both major and sub-elements of
the design. The entire cost model is broken down into a
line item estimate with quantities and unit pricing with-
FORT WORTH
in the different sub elements. This makes it easier for all
team members to review and understand the scope and
values being identified. It also allows our preconstruc-
tion team members to discuss, at a much deeper level of
dialogue, the design elements and cost relationships so
that we (The City of Fort Worth, McCarthy, Transystems)
can work jointly on reducing costs and bring the next set
of ideas forward for evaluation and presentation to you.
By conducting the process in this manner, The City of
Fort Worth can make timely decisions to maintain the
design deliverables schedule.
As the design progresses, we will prepare another mile-
stone cost model estimates at 95% to ensure the bud-
get is on target and all agreed-to clianges have been
incorporated into the design. This milestone estimate
is reconciled with the project team as described above.
As conceptual information is converted to details, each
system cost is compared to the corresponding item in
the previous estimate and reconciled. As a result, our
team readily identifies changes in the project scope
and any increases in the anticipated construction cost.
This allows the team to continue work on cost efficien-
cies and budget compliance as design efforts progress.
Procurement, Subcontracting and GMP Development
We start early building relationships with local subcon-
tractors and vendors. As the first step in our partner-
ship with local companies, we help prepare documents
to inform all bidding subcontractors and suppliers of
basic project requirements. This includes:
• Hosting Outreach Meetings
• Invitation for bids
• Bid proposal form
• Purchase orderform
• Schedule of values format
• Supplementary conditions
• Schedule
• Early purchased equipment provisions
Early in the project, McCarthy identifies subcontractors
and suppliers for all needed trades, then pre-qualifies
them to ensure their performance capabilities. During
the design phase we build interest by actively involving
them in the pre-construction process. Then when it is
time to deliver the GMP, McCarthy will solicit competi-
tive bids for all work categories, advertising in various
trade publications and plan rooms, distributing docu-
ments and conducting pre-bid conferences.
i CITY OF FORT WORTH HEMPHILL STREET PAGE 14
�
6. PROJECT APPROACH
It is McCarthy's goal to provide the very best
local subcontractors, so we look for trade con-
tractors possessing the talent and combination
of resources, experience, financial strength,
and commitment to job performance to guar-
antee a smooth running project and at the end,
a successful project that meets the goals and
expectations of the City. According to Texas
State CM-at-Risk code, McCarthy will divide
the project into multiple bid packages and so-
licit subcontractors in an effort to receive at least three
competitive bids for each bid package. Where feasible
to do so, McCarthy will take care to divide bid packages
into small sizes in order to generate more subcontractor
interest, maximize competition, and promote increased
participation by M/WBE firms.
During the bidding period, as McCarthy solicits com-
petitive bids from subcontractors, we will either solicit
lump sum bids or GMP proposals for these subcontrac-
tors. Since we might solicit GMP proposals based upon
incomplete documents, we will reconcile the GMP as
the documents are completed and convert the GMP to a
lump sum for each subcontractor. Criteria for determin-
ing the best value for this project will be established
by McCarthy hand-in-hand with the entire project team.
Pre-Bid conferences will be scheduled and conduct-
ed to communicate to the subcontracting commu-
nity the details of the project. During these conferences
McCarthy will discuss drawings, schedule, as well as the
City and Design Team's expectations prior to the receipt
of bids, answer questions, review subcontract proce-
dures, and discuss any special contracting requirements.
McCarthy will receive all proposals jointly with the City
of Fort Worth and the Design Team. Each proposal is
recorded and evaluated.
McCarthy then interviews the apparent low bidders in
each trade category to determine validity and complete-
ness of proposals, then prepares a list of recommended
subcontractors for your review and approval. This allows
us to get not only the best price, but also the most quali-
fied subcontractors for your project.
When contracting with the "best value" subcontractor,
McCarthy requires the subcontractor to incorporate the
construction schedule into their agreement, along with a
manpower commitment. Contracting for schedule adher-
ence and commitment to manpower levels will increase
subcontractor performance an
which will benefit the City and
ect.
FORT WORTH
d accountability,
the overall proj-
For the work that McCarthy intends to self-
perform, on this project, we will make sure the
City receives a competitive price. McCarthy will
solicit subcontractors and submit a competitive
bid with those subcontractors. McCarthy will
then review our self-perform bid tabulation with
the City showing McCarthy's lump sum scoped bid com-
pared to qualified competing lump sum subcontractor
bids. The City will have final approval of selection of all
subcontractors for this project.
Guaranteed Maximum Price
Depending on the state of design, desire to initiate the
Notice To Proceed for Construction, and upon the City's
approval of subcontractors and suppliers, McCarthy will
prepare a Guaranteed Maximum Price. This price forms
the basis of the construction agreement and includes all
total direct costs of the work, costs of the construction
manager and subcontractor performance and payment
bonds, on-site general conditions, premiums for custom-
ary insurance coverage, agreed upon contingencies, and
McCarthy's Construction Phase Services Fee.
According to the City's project schedule, due to railroad
agreements and the Tower 55 Improvements project,
there will be a long delay between selection of the CMAR
and Notice to Proceed for construction. As a result,
schedule is not the driving factor. Therefore, McCarthy
would propose to wait to submit the final GMP until
several months later, closer to the start of construction,
at 100% documents. This would provide the lowest pos-
sible cost and eliminate escalation contingencies in the
GMP from subcontractors.
Rest assured, McCarthy has the ability and proven track
record to deliver projects with accurate GMPs and keep
them on-budget throughout construction. We are confi-
dent we can do the same for the City of Fort Worth on
this important project.
CONSTRUCTION APPROACH
McCarthy's construction approach is built upon proven
project management and field procedures designed
� CITY OF FORT WORTH HEMPHILL STREET PAGE 15
k.
i • � �j �a
to facilitate a well-coordinated construction operation
resulting in on-time, on-budget project delivery that
meets the functional, aesthetic, quality, and safety
objectives of our owners.
Our primary focus throughout the construction phase
is full-time on-site supervision and project control. Our
field team acts as your eyes and ears, interacting closely
with your staff throughout the project. The On-Site
Construction Manager is responsible for the day-to-day
administration and management of the field team, and
is supported by McCarthy's Project Manager and the full
resources of our Dallas office.
Key elements of our construction services include:
We keep the channels of communication open.
Through weekly job site meetings, the McCarthy team
leads the communication process among owner, engi-
neer and all subcontractors and vendors. McCarthy
prepares meeting minutes for distribution to all team
members. Our staff develops monthly, weekly and daily
reports of construction activity including cost, schedules
and administrative issues.
We manage subcontractors to get the best results
McCarthy maintains the highest level of professionalism
in working with our subcontracting partners. On-site, we
manage and administer construction contracts, including
monitoring construction document interpretations. We
conduct conferences with the
successful bidders in each
category to discuss proce-
dures, scheduling, safety and
equal opportunity programs
before any work is begun. The
team implements procedures
for processing and approv-
ing shop drawings, catalogs and samples, monitoring
the progress through weekly Submittal Status Reports
to ensure timely approvals. We ensure all construction
agreements are executed, including insurance, bonding
and other procedural requirements.
We provide continuous management and observation
of the work and support engineer and owner inspection
efforts.
McCarthy coordinates subcontractors' work to achieve
the highest productivity and track
materials from initial submittals
and delivery to coincide with the
sequence.
We watch the clock.
FORT WORTH
s the flow of major
through fabrication
proper construction
McCarthy keeps the proj-
ect running on time through
enforcement of our Master
Construction Schedule. This
includes start and finish dates
for procurement and construc-
tion activities, major milestones and schedule of values.
The field staff ineets weekly with the superintendent for
each subcontractor to update the schedule. The sched-
ule consists of several parts including detailed Critical
Path Networks, a bar chart for subcontractor foremen
and a narrative update report.
We use state of the art technology.
At McCarthy, we believe the "tools of the trade" have
evolved beyond traditional hammers and blueprints
where our focus is developing knowledgeable workers.
The new and improved tools include effective commu-
nication, effective relationships and access to the right
information from anywhere at any time. This should
be the core competency of any business. McCarthy's
Building Information Modeling (BIM) capabilities give
substantial value to our projects. Our technology plan at
McCarthy is to implement technology for the sake of our
clients and our business, not for the sake of technology.
Perhaps the most critical element of success is jobsite
communication. McCarthy brings an exclusive com-
munication tool to its projects: McCarthy's Oracle-
Based Project Management software called Teamsights"'
�M�`A�'1H�
Teamsight.
��,n. m w� ,N����� ,>.,�R
, �,e.��� n
���;�� � e a
; , E_ � E�
� CITY OF FORT WORTH HEMPHILL STREET PAGE 16
�
6. PROJECT APPROACH
Teamsights"' is a management tool that streamlines com-
munication between owners, engineers, general contrac-
tor and subcontractors through a web-based program.
What were once several independent record-keeping
systems - document control, engineering, scheduling and
cost control - are now combined in a single comprehen-
sive database. McCarthy's IT team has enhanced its PM
system to deliver more than 130 detailed reports based
on each project's specific needs. The format of reports
will be determined with the City at the beginning of the
project and modified throughout the job as necessary.
Teamsights"' has a positive impact on the bottom line -
by ensuring that key team members spend far less time
completing paperwork requirements and more time out
on the job site managing your project.
We take the guesswork out of paperwork.
We know the importance of accurate record keeping.
At the job site, we maintain a current library of all con-
tracts, shop drawings, samples, purchases, specifica-
tions and other project documents and related materials
including maintenance manuals and warranties.
McCarthy enrolls each subcontractors in our CDI pro-
gram or obtains performance and payment bonds and
insurance certificates from all subcontractors before
starting on-site construction. We review statutory
requirements for compliance and obtain necessary per-
mits, licenses and other governmental requirements.
We hang in there with you until the very end.
The McCarthy field staff coordinates the check-out for
operation and readiness of the facilities and any equip-
ment, including a formal turnover process. We prepare
punch lists and coordinate work completion. We obtain
certificates of occupancy as required. We maintain a
project staff at the job site for 30 days after final turn-
over, providing continuity and quick response to any
issues that may arise. Finally, we provide a final con-
struction report including job site files, photographs,
reports, submittals, record drawings and other pertinent
information.
23 Month Warranty Program.
The final component of the site specific quality plan that
will be created by McCarthy, Design Team, and the City-
is the 23-month warranty walk through. Following occu-
FORT WORTH
pancy of the facility for just under a year, and prior to the
24 month warranty expiration, McCarthy will contact the
City and Engineer for a thorough walk thru of the entire
completed facility. All items not deemed acceptable will
be charted and dealt with by the applicable subcontrac-
tor or McCarthy staff, prior to the 24 month occupancy
date.
SAFEIY
At McCarthy, safety is the
most important thing we
do each day. It's in part
because we're a company
where family is a key ingre-
dient. But more important-
ly, we are safety conscious
because it's simply the right thing to do.
means that at McCarthy, we've made the
zero-injury work environment not just a
instead, one of our core values.
All of which
quest for a
priority, but
The result has been an award-winning safety program.
McCarthy's safety program has routinely received local,
state and national recognition from various industry
associations. McCarthy's commitment to safety and
health was recently recognized when we were selected
as "best in class" at the national Associated General
Contractors (AGC) 2007 Willis/AGC Construction Safety
Excellence Awards presentation, effectively naming
McCarthy the safest large contractor in America. Our
current EMl4 of 0,49 demonstrates our dedication to
safety.
Development of the Hemphill Street Site-Specific
Safety Plan for this project begins early in the precon-
struction phase as our Division Safety Director, Project
Manager, and Project Superintendent review schemat-
ic design drawings and any preliminary specifications.
This review breaks down the project by work categories
and documents the potential hazards identified and
the measures required to address them. As the design
progresses, the Project Safety Program is updated and
expanded and will be finalized and submitted to the
City. Engaging the on-site team during preconstruc-
tion enhances our ability to anticipate, recognize and
control safety risks on the project. A major part of our
pre-construction safety planning for the project will be
focused on completing our Pre-Job Safety Planning
i' CITY OF FORT WORTH HEMPHILL STREET PAGE 17
��:
`��� `_�� a __-
6. PROJECT APPROACH
and safety checklist included in our Field Procedures
Manual.
During construction, project safety is the responsibility
of the entire project team. Our on-site project Safety
Manager will implement, monitor, and administer the
various project specific safety plans that comprise our
Project Safety Program. Our most specific enhance-
ment is our Task Hazard Analysis (THA). Prior to any
change in work activity, a THA will be lead by the
project foreman to make all employees aware of the
hazards of the activity that they are about to start.
Through our past and current experiences, McCarthy
understands the unique construction safety challenges
associated with marine construction projects. As with
every McCarthy project, we will implement our award
winning safety protocols and develop a Site Specific
Accident Prevention Plan (APP) that is fully compli-
ant with federal, state and local requirements, and
McCarthy's internal controls.
As part of the various project specific safety require-
ments for this project, our team will implement
numerous specific safety protocols and procedures on
this project, some of which include:
• Orientation
• Personal Protection
• Task Hazard Analysis
• Fall Protection
• Crane Safety
• Environmental Safety
• Hazardous Materials
• Emergency Response Plan
• Ongoing Inspection
These are just a few of the procedures that will be
included in the APP for Hemphill Street. We believe
that Safety is everyone's responsibility. In addition to
daily observations and inspections by our designated
safety coordinator, our project manager, superinten-
dent, foremen and craftsmen are all integral parts
of our safety observation and accident prevention
progra m .
Not only do we monitor the safety of McCarthy employ-
ees on the project, but also, the safety performance
of our subcontractors. In fact, McCarthy's evaluation
of subcontractors for our projects includes a myriad
of non-financial factors including their safety record.
Prior to receipt of any bids, we encourage subcontrac-
tors to complete our Subcontractor Pre-Qualification
Form which includes a comprehensive section on
FORT WORTH
safety. The subcontractor's safety staff, EMR and
Incident Rates, Insurance/Claims History, and their
corporate safety plans and policies are among the
information we request in the Pre-Qualification Form.
The McCarthy team's proposal represents the best
value to the City and includes a thorough analysis of
our subcontractor's ability to meet the safety require-
ments and expectations for the prolect. ,
QA/QC Plan
"Quality without Question"
succinctly describes our
Quality Program. It is an
integrated day-to-day ap-
proach focused on identify-
ing and eliminating issues
so that quality is truly with-
out question on the proj-
ect. This is not easy, but by
making our Quality Program
an integral part of our cul-
ture, quality is achieved through our standard business
practices. This includes clearly understanding and then
meeting our customer's expectations and requirements.
McCarthy's commitment to quality begins with our pre-
construction efforts—to minimize propagation of issues
— and continues through the first year of occupancy — to
encompass post-construction issues.
At McCarthy, quality is not a single activity, but a series
of linked activities performed proactively to avoid larger
issues later in the project. We focus on the value of
quality, from which certainty can be produced. An ex-
ample of this is the bid documents — the more concise
and clear the bid documents can be, the easier it is for
the subcontractors to understand the project require-
ments and to bid the project with certainty.
This certainty then permeates throughout the project as
requests for information and changes are minimized,
improving coordination and scheduling. The bottom line
is that quality can be achieved and budgets met when
properly managed.
McCarthy's Quality Program is a team effort and each
and every one of McCarthy's Team is committed. Lisa
Bishop, Construction Manager, and Joe Garcia, Project
Superintendent will lead the Quality Program imple-
mentation on the Hemphill Street project for the en-
tire project team of subcontractors, design team and
� CITY OF FORT WORTH HEMPHILL STREET PAGE 18
?:
6. PROJECT APPROACH
the City. The McCarthy Team focuses on communication
of expectations and team building to create a project
atmosphere of doing work right the first time and elevat-
ing quality as a priority equal to that of safety, schedule
and budget.
A key member of the Project Team is Dan Petry, Texas
Division Quality Director, whose responsibilities include
overseeing and evaluating the implementation of Mc-
Carthy's Quality Initiatives, providing training to Project
Staff, and serving as a resource for the project relative
to quality items.
Key Project Quality-Based Activities
McCarthy utilizes a formal preconstruction-to-construc-
tion transition process to minimize the time required to
mobilize for construction and to improve the communi-
cation between team members who have been involved
since the start of the project and those just starting on
the project.
The following activities are
accomplished during the
construction phase of a proj-
ect as part of McCarthy's
Quality Program:
� ` ' Site Specific Quality Plan —
�; � . , _+�. , �
� To further integrate quality
� into the way McCarthy works,
a Site Specific Quality Plan
-���� will be created specifically
for the Hemphill Street proj-
ect. The primary focus of the Site Specific Quality Plan
is to fully explore the contract documents, identify the
project's Quality Challenges, and identify how our Team
will overcome these challenges. The Site Specific Qual-
ity Plan is a living document in our project management
toolkit and will provide focus and direction throughout
the project.
Pre-Construction Conferences: Each subcontractor will
attend a Pre-Construction Conference with their man-
agement staff prior to any Work being performed.
This meeting will focus on open submittal issues, mate-
rial laydown/storage, subcontractor coordination, speci-
fications/drawings, review mock-up requirements, work
permits, Quality Assurance / Quality Control require-
ments, safety requirements, and security requirements
of the project.
FORT WORTH
Mock-ups and Sample Construction — We view mock-ups
and sample construction as a critical part of the Quality
Program. The primary reason for this is that they allow
us the opportunity to document not only the sequence
of installation, but to also functionally test the systems
and assemblies to verify they achieve the required con-
tract characteristics (i.e., the building enclosure does
not leak).
The mock-ups and sample construction are also used as
the standard for the remaining work. Each subcontrac-
tor will be required to build a mock-up of their work for
approval before beginning.
Pre-Installation Meetings — There is often a significant
time differential between completion and approval of
the mock-ups or sample construction and the start of
production construction. In response, McCarthy en-
gages the trades and subcontractor supervision in pre-
installation meetings for all work. These meetings allow
those actually accomplishing the work to understand the
contract documents and our expectations, to review the
mock-up, and to become prepared for any verifications,
inspections or tests to be accomplished.
lst Installation Verifications — Once the first portion of
work has been completed, McCarthy meets with the
subcontractor and trades to review compliance to con-
tract documents, accomplish any testing possible, and
resolve issues prior to proceeding with subsequent work.
These lst Installation Meetings are intended to verify
that the actual trades doing the work can achieve plans,
specifications, and the expectations approved in the
mock-ups and sample construction.
Through the use of the Pre-Installation meetings, mock-
ups, and a collaborative team approach we will make
sure each item is inspected as it is being installed to
avoid any rework.
Quality Assurance Inspections /
wait until the end to test ��
components, we institute � �
an on-going verification and �
testing approach through- .
out construction to build in �
quality, identify issues and
resolve as soon as possible. �;
�' CITY OF FORT WORTH HEMPHILL STREET PAGE 19
�
Testing: Rather than
6. PROJ�� I 61E�PF�OAGH
Documentation — Our team utilizes a cus-
tom Oracle PM system, TeamsightT"', to
identify and track the core quality activi-
ties, making it part of our day-to-day focus.
This automated documentation provides
clear records of the activities and results.
Unlike most contractors, The McCarthy
Team has developed a statistical metric
that tracks quality incidents on projects.
We require reporting of every quality inci-
dent as it happens and track resolution of
these incidents.
Nonconformance —If an incident is identi-
fied as non-conforming (work is stopped).
A non-conformance report is generated and
logged into the TeamsightSM system and
shared with the subcontractor/supplier and
project team (all of us). Root causes are determined,
corrective actions are evaluated, agreed upon and imple-
mented to prevent further nonconformance. Field crews
are met with to retrain, share all of the lessons learned
and refocus their understanding. Closure is brought to
the nonconformance report and documented onto the
system.
The goal, just like our safety plan, is to constantly low-
er our incident rate and ultimately improve the overall
quality performance on all our projects. The City will
be informed and have access to all our quality incident
reports every month.
Submittals and Shop Drawings — Achieving quality re-
quires that the right materials and equipment are avail-
able when needed. Therefore, proper processing and
management of submittals and shop drawings is essen-
tial. McCarthy utilizes a prioritized approach to submit-
tals to allow the Engineers sufficient time to respond to
submissions.
In addition, by performing thorough internal reviews pri-
or to sending to the Engineers, we minimize the number
of rejected submissions — thus speeding up the review
and approval process.
Pre-Punch — We recognize the intent of an Owner's or
Engineer's punch walk-through is to approve the con-
struction — not to find problems. Therefore, McCarthy
accomplishes an internal pre-punch with each subcon-
tractor to verify completion of work prior to requesting
FORT WORTH
a walk-through by the City and the Design
Team. This minimizes closeout delays and
issues.
Inspection Management — Code and con-
tract required inspections require proac-
tive planning and management, as well as
understanding of the inspection's purpose
and key focus areas of the inspector. Mc-
Carthy's inspection approach is focused on
early communication with the inspectors -
getting to know them, their requirements,
and the evaluation criteria for the project.
CQST AND SChIEDULE CUNTROL
The McCarthy Team will handle the City's
budget as carefully as we manage our own dollars. We
practice a continuous process of cost control beginning
on the day we are selected as part of the project team.
On a daily basis, from pre-construction to completion,
we focus on realistic budgeting, accurate documenta-
tion and ongoing review of costs to achieve the highest
efficiencies for the project.
As CM-at-Risk specialists, McCarthy always serves as
our client's advocate. Our cost control strategies are
tailored to produce the most cost—effective projects pos-
sible and we always strive to save money and maximize
each dollar for our clients.
The Hemphill Street project requires a Construction
Manager that has proven systems for managing projects
that have the added complexity of construction starting
prior to design completion. McCarthy has the proven
experience and systems to keep the City well informed of
the current and projected budget.
Cost Control during Construction
Cost Control truly starts in preconstruction through
effective value analysis and constructability reviews as
previously discussed.
Cost control during construction starts with a compre-
hensive approach to scoping and contracting with sub-
contractors. We will follow all requirements for soliciting
subcontractors in MBE subcontractors and will receive
bids with City representatives. Once we receive bids, we
�' CITY OF FORT WORTH HEMPHILL STREET PAGE 20
�
6. PROJECT APPROACH
first will conduct an initial review of all bids received and
determine the completeness of bids/proposals received.
After this initial review we will rank the top three sub-
contractors in each work category. At this stage, we will
interview the top three in each category to review their
bid/proposal in detail including discussing commitment
to the project schedule and ensuring adequate man-
power. Technical proposals and additional qualifications
may be requested. Once the scope and amount of each
proposal is confirmed we will make recommendations to
the City.
The philosophy of the McCarthy Team is to conduct the
accounting procedures for the project on an open book
basis, permitting access by the City at any time to review
all costs associated with the construction of the project.
Contract cost is reported monthly and deals with the
current committed cost on the project and anticipated
costs, thereby insuring that all forecasted costs will be
included in the reporting system. Subcontract status
reports are prepared monthly and present the status of
each subcontract in terms of original contract amount,
approved changes, billings to date, current billing for
the month and retainage. Our pay applications are pre-
pared on-site to facilitate accuracy. Our on-site Project
Manager reviews all subcontractor invoices and will
review them in person with the subcontractor's desig-
nated representative to verify that the invoice is correct.
Managing Change Orders
Another important cost control item is to minimize
additive change orders. This is typically accomplished
through good preconstruction services and thorough
constructability reviews. However if a change order is
necessary, our approach to controlling change orders
and substitutions is first to understand the scope of
the change or substitution in detail, who initiated it
(i.e.: City of Fort Worth, Design Team, McCarthy, Field
Condition - RFI), and the reasoning behind the request.
Once we have validated the change order request,
McCarthy will obtain pricing from each affected sub-
contractor. Once detailed pricing is received from the
affected subcontractors and suppliers, the McCarthy
field staff will challenge the specific elements of the
direct costs and test them utilizing our in-house esti-
mating cost data as a comparison. McCarthy's field staff
FORT WORTH
relies heavily on our computerized records of building
construction costs. This current price information,
obtained from actual bid results from relevant projects,
including recent Texas projects, is used in our estimates
of the work. We feel that McCarthy's extensive records
of treatment plant construction costs and the ability to
accurately predict costs are unsurpassed. Armed with
the knowledge of the change or substitution along with
current pricing information, McCarthy will meet with the
affected subcontractors and negotiate a fair cost for the
work.
In addition to managing change orders, the McCarthy
Team's field staff is responsible for generating potential
cost saving suggestions during the j
entire course of construction. They �,�
will make recommendations on alter- ,� �
native systems and materials, life "' _fi ;�q
cycle costs and address constructabil- - '; ��'c
ity issues that will impact the cost, ,,_ � =�
schedule and quality of the proj �''�:� � ��
ect. Value Analysis Change Proposals �! ,/'� �
(VACPs) will be processed in the man- ��w
ner of Change Proposal Requests. :::�_
Each VACP will be accompanied by �` �
the appropriate cost and schedule ���'' -- _�
back-up. To control VACPs, McCarthy will utilize our
standard Value Analysis Log to track and monitor these
items to insure that timely decisions are made for their
inclusion or exclusion into the project.
Schedule Control
McCarthy will utilize proven project management and
scheduling techniques to keep the Hemphill Street proj-
ect on schedule.
Our Project Manager, Chris Kelly, will coordinate all
McCarthy scheduling activities throughout preconstruc-
tion and construction. During preconstruction, he will be
assisted by Scheduler, Bert Williams with TEI. As the
project transitions to the field, our Construction Manager
will have primary responsibility for maintaining and
updating the various project construction schedules. We
utilize the Primavera Software program to develop all our
schedules, in particular, Primavera Project Planner (P6).
CITY OF FORT WORTH HEMPHILL STREET PAGE 21
6. PROJECT APPROACH
McCarthy will develop and maintain project schedules
that incorporate all the activities of the project team. We
will continuously add information and update the sched-
ules throughout the project time frame. The project
schedules for each project will be displayed by McCarthy
in the following formats:
-� Preliminary Design and
Construction Schedule
�Milestone Schedule
� Master Construction
Schedule
� CPM (Critical Path)
Schedule
-�Short-Term Schedules
Throughout construction, the CPM Schedule will be
updated weekly at the jobsite to serve as a planning and
monitoring tool for our Project Director, Project Manager
and field staff to use in managing the project. McCarthy
also hosts weekly schedule meetings at the jobsite with
subcontractors to communicate progress, current status,
and possible recovery tactics should schedule slippage
begin to occur. A monthly schedule update report will be
provided to the City detailing the progress of construc-
tion.
The Short Term Schedules are used to communicate
to all trade subcontractors, foremen and craftsmen the
construction activities that must be accomplished during
the succeeding six-week period.
FORT WORTH
� CITY OF FORT WORTH HEMPHILL STREET PAGE 22
�r-; :> 1, r:��:,: {: �.
.`,-'�`��:. �7- -
`= r:�;.; ;=;., �
�, --
-�
� -�
� '-
Compliance with the Business Diversity
WORTH Enterprise Ordinance - Minority Business
- Enterprise Participation
� . � �-.
f � .�` ; ��
�� 4 .
�� D'�` j �:# i
�� , � � '4 J ;
.�� �� � ;_�
s � . v; �k �� �
� 1 r
, t� ,, ��
��� �,�
� . � � � ��,�.
'► '� �
��� �5. � � f s�
�� F
_ '! �. � , � �..;�
� i.� f � �
�� - •-��
3
,
.�; �
��
_
'��. :
�
:£
�#Y
1'j F'
s �
. R
�
�1.� �� t 1
� �,
. 4 "�
i� �
, - .=� i
j s ����� �
- 1 � i � � � s � �
_ � ��;`�- �
-;; � i �� : ,
,,;- :
::� , _ �:
�, � - ,
1
. �# f �
��`' 3 rt � `,�- � '�'
. �� };������,���
k� �t . ' �' #,, ^-
' f' ;,
�` �
, r, :r ' _ t...
. .: � � -}�, �3�
f �J J ,
�:�
��
_.�
��
�:_ � r �:.
, =f
� �...• -
�F�_�
�
��-
.1
� �y�'t
��_ �
�. � �
:�._:: W, _�
r��::.:--
�
\
J � � •
`��` ! �
�_ � ---
�a z �
`� .
!
� 1
f�l�. ._. ����!��
�- 'Qi
J - I R .
.� � � � �v+
� � t �� �
��- ,
��.� � ��.
�. �' � -o
- _ �-: _
� ..s
'� ° ,� r; . —z�.�
� �r
� E t -�� -
,e
9� • �
_.� _
7. COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE
PROVEN PAST PERFORMANCE MEETING MBE GOALS
McCarthy brings a long history of ineeting and exceed-
ing public sector disadvantaged, minority and/or women
business enterprise (D/M/WBE) program requirements.
McCarthy has consistently exceeded participation goals
and included D/M/WBE firms at all business levels -
from prime joint venture partners, to subcontractors,
vendors and suppliers.
McCarthy has successfully employed a variety of strate-
gies on past projects designed to solicit and involve the
local, small and minority/women business community
in our projects. Our ongoing relationship with the MBE
community is built on a strong networking system that
includes small businesses; federal, state and local pub-
lic agencies; local, regional and national trade associa-
tions; small business support organizations; and other
organizations and institutions committed to small busi-
nesses. Through this network, we continuously identify
and document MBE firms with proven technical and
operational capabilities. We have established numer-
ous alliances with several MBE subcontractors and also
commit to expand this network with local, Fort-Worth
based MBE firms.
McCarthy's commitment to supporting local MBE busi-
ness is reflected in our history of consistently exceeding
participation goals on projects. Forexample, on the $47
million City of Fort Worth Westside Water Treatment
Plant project, McCarthy achieved 16% participation,
which exceeded The City's 12% goal. Here are a few
other examples:
� � ;'� �, � ��
i, ,
PortofHouston,BayportTerminai $100.5million 30% 34%
— Wharf
Port of Houston Bayport Stage 2 $56 million 16% 69%
ContainerYard and Stage 1 Roller
Compacted Concrete
PortofHoustonBayportTerminal $15million 35% 49%
' Port Road
— DARTTrinity Railway Express, $46 million 20% 25%
Beltline Grade Separation
DFWAirportAutomatedPeople $56million 30% 38%
Mover Guideway
- Dallas City Performance Hall $32 million 26% 31%
Dallas KlydeWarren Park $16 million 25% 27%
FortWorthWestsideWater $47million 12% 16%
Treatment Plant
M�caRr�
FORT WORTH
A key element of McCarthy's business diversity approach
and methodology has been to develop project-specific
processes. Successful programs we employ to promote
MBE involvement include:
� Utilizing specialized MBE program consultants to
ensure the most effective and productive MBE strat-
egy and plan.
� Developing formal mentor-protege relationships. For
example, McCarthy's current relationship with certi-
fied 8a firm, GCC, has resulted in over $52 million
in federal contracts currently underway in Texas, in
which GCC is the majority equity partner.
� Development and implementation of a comprehen-
sive MBE strategy, including involvement of rel-
evant professional services, and vendors/ suppliers
necessary for the project.
� Formal outreach events designed to introduce and
promote the project to the local and MBE business
communities. Our outreach is deliberate and tacti-
cal in enlisting local community business-related
support and introducing technical support programs
for more effective MBE competitiveness and quali-
fications.
� Implement effective monitoring, tracking and
reporting procedures and processes.
o Early identification and determination of project
subcontract, vendor and supplier needs and ser-
vices. This effort has almost become routine for our
team since the identification of such services and
products is crucial to outreach and timely consider-
ation of the local and MBE business communities.
PRECOfVSTRUCTION f'FiASE
McCarthy is committed to exceeding the 5% MBE par-
ticipation goal for preconstruction. To accomplish this,
we have partnered with TEI Program and Construction
Management, Inc. (TEI). As an exclusive member
of our team, TEI will provide Scheduling and Cost
Estimating support services during preconstruction for
the Hemphill Street project. TEI's services comprise
16.7% of McCarthy's preconstruction services fee for a
total of $10,000.
�TEI is an MBE firm, certified with
NCTRCA and the City of Fort Worth,
iHOGFAM � CONSTRUCTION
MANAGEMENT that specializes in providing construc-
tion management, program management, schedul-
ing, quality assurance/ quality control, inspection and
CITY OF FORT WORTH HEMPHILL STREET
PAGE 23
7. COMPLIANCE WITH BUSINESS C�IVEi�SITY ENTERPRISE ORDINANCE
materials testing services. Since its inception in 1996,
TEI has grown to over 25 full time professionals and
worked for major transportation clients including NTTA,
DART, DFW Airport, Dallas Love Field Airport, Parkland
Hospital, Valley Metro Rail, and Phoenix Sky Harbor
Airport.
CONSTRUCTION PHASE
McCarthy commits to meet or exceed 15% MBE
Participation for this project during construction. Our
ability to meet this commitment will occur through sub-
contracting. _,
In fact, we have
already received
a listing of MBE
firms in all antici-
pated work catego-
ries from the City's
Business Diversity
Department so we
can begin proac-
tively planning our
approach to meet the
MBE goals for the
project.
ORTWORTH.
,„,.a„
��� .�
�
���� e��
,�,..�°a � ��°�,d.,..�..�
���
ff�,�"�
�
�
�
�
�� ,
��
,.� �....�,
_..�.,�.�_— �� —.�-�� ..�
� � ,,;�.� �.�,.,�
��� ��
� ; �,�;:�,,,
�� ,;,,,,�°' �,,.,.,�
""" ,o,��m��.n� ,�
,��aw.�:....�-r ..�„ �
During Preconstruction, we will develop and tailor bid
packages to attract capable MBE firms to ensure effec-
tive participation. In addition we will raise awareness
in the MBE community of available opportunities for
participation on the Hemphill Street project. Upon final
GMP, we will submit our detailed MBE plan to the City
with specific names of firms, scopes of work, and their
level of participation.
McCarthy's MBE Participation Approach is outlined in
the following steps:
1. Establish Program Requirements
McCarthy will establish processes and procedures that
will effectively incorporate MBE contractual requirements
that will serve to promote and maximize the City's MBE
project goals and requirements.
FORT WORTH
2. Develop Project Manual
McCarthy will develop a Project Program Manual,
designed to lay out the Hemphill Connector project as a
"program" to the local and MBE communities and present
the project development in an orderly, understandable
process, as well as provide an orderly vehicle to identify
contracting and procurement opportunities.
The manual, at a minimum will address and present the
following aspects:
• A description of the project to provide an overview
and understanding of the entire program.
• General bid package descriptions.
• Timing of bidding phases
• Bid package dollar amounts
• Identify anticipated subcontracting areas and major
procurement areas.
• Provide key McCarthy contact persons
The proposed manual will be updated as needed during
preconstruction to reflect current project status. We will
also explore presenting the manual's information through
a dedicated project website which will allow us a critical
additional vehicle by which to reach the MBE community
and outreach into the business community.
3. Project-Specific Technical Assistance
McCarthy will explore a project specific technical
assistance initiative designed to provide specialized
support to the MBE business community. Our objective
will be to offer technical assistance in the historical/
traditional barriers to MBE program involvement, which
will allow MBEs to be as competitive and capable as
possible. Technical assistance program areas will
address bonding, insurance, financing and payment
requirements.
4. Project-Specific Outreach Program
McCarthy will host formal Outreach Events designed to
present the project and it's opportunities to the local
and MBE community during preconstruction. We will
establish a project specific outreach initiative seeking
to enlist the support and partner with local business
related community organizations. Our objective will be
to develop strategic relationships with the organizations/
i CITY OF FORT WORTH HEMPHILL STREET PAGE 24
q
7. COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE
entities in the local community that bring a"business
base" relative to the needs of the project.
Targeted entities will include:
• Hispanic and African-American Chambers of
Commerce
• Minority and Women business organizations and
entities, such as the Hispanic Contractors Association
• City of Fort Worth related business departments and
programs
.
U.S. Small Business Administration (SBA)
NCTRCA Business Development Center
Private sector vehicles and business programs
5. MBE Monitoring and Reporting Procedure
McCarthy, in coordination with the City's diversity
department, will establish and implement MBE
monitoring and reporting requirements and procedure.
Our approach will be not only to incorporate the City's
MBE requirements, but also ensure timely payments to
participating MBEs and provide quarterly and Ad Hoc
reports on participation levels. This will result in a well
documented and up-to-date monitoring and reporting
process that will effectively track and report local and
MBE participation both overall and on a project specific
basis.
At a minimum our monitoring and reporting process will:
J
Track and document MBE participation
Report actual payments to all subcontractors
• Ensure and adherence to all MBE goals incorporated
into the final CMAR Agreement
*This is a brief outline of McCarthy's MBE plan. Upon selection, a
detailed approach plan will be provided.
_ y
��:
' ��•�T
� _ -
�. ::
.�:.�. �.� �':;
�� � - ,
b ���
FORT WORTH
�-: �, r�, _
.�
� �,�� �
�:'�`��r �� �
_�
i:�,_�'-°.'_'-�� — ---_
McCarthy hosted this outreach event in Fort Worth during
pursuit of the TexRail project to present available project
opportunities. Over 80 MBE subcontractors and suppliers
were in attendance.
�. CITY OF FORT WORTH HEMPHILL STREET PAGE 25
�
ATTACHMENT C
STANDARD GENERAL CONDITIONS FOR THE CMAR
CONSTRUCTION CONTRACT
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUNIENTS FOR CMAR PROJECTS
Revision: Jwie2014
STANDARD GENERAL CONDITIONS OF
THE CONSTRUCTION CONTRACT
. �
.
CONTENTS
'�:
Article 1— Definitions and Terminology ..........................................................................................................1
1.O1
1.02
DefinedTerms ............................................................................................................................... l
Terminology.................................................................................................................................. 6
Article2— Preliminary Matters ......................................................................................................................... 7
2.01 Copies of Documents .................................................................................................................... 7
2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Construction ........................................................................................................ 8
2.05 Preconstruction Conference .......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initial Acceptance of Schedules .................................................................................................... 8
Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3.01 Intent .............................................................................................................................................. ts
3.02 Reference Standards ......................................................................................................................9
3.03 Reporting and Resolving Discrepancies ....................................................................................... 9
3.04 Amending and Supplementing Contract Documents .................................................................10
3.05 Reuse of Documents ...................................................................................................................10
3.06 Electronic Data ............................................................................................................................11
Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ...........................................................................................................11
4.01 Availability of Lands ..................................................................................................................11
4.02 Subsurface and Physical Conditions ..........................................................................................12
4.03 Differing Subsurface or Physical Conditions .............................................................................12
4.04 Underground Facilities ...............................................................................................................13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Environmental Condition at Site ..............................................................................14
Article5— Bonds and Insurance .....................................................................................................................16
S.Ol Licensed Sureties and Insurers ...................................................................................................16
5.02 Performance, Payment, and Maintenance Bonds .......................................................................16
5.03 Certificates of Insurance .............................................................................................................16
5.04 Contractor's Insurance ................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19
Article 6 — Contractor's Responsibilities ........................................................................................................19
6.01 Supervision and Superintendence .....................................
..................................................19
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hu�e?A14
6.02 Labor; Working Hours ................................................................................................................ 20
6.03 Services, Materials, and Equipment ...........................................................................................20
6.04 Project Schedule ..........................................................................................................................21
6.05 Substitutes and "Or-Equals" .......................................................................................................21
6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................24
6.07 Wage Rates ..................................................................................................................................25
6.08 Patent Fees and Royalties ........................................................................................................... 26
6.09 Pernuts and Utilities ....................................................................................................................27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 T�es ...........................................................................................................................................28
6.12 Use of Site and Other Areas ....................................................................................................... 28
6.13 Record Documents ......................................................................................................................29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative ..................................................................................................................30
6.16 Hazard Communication Programs .............................................................................................30
6.17 Emergencies and/or Rectification ...............................................................................................30
6.18 Submittals ....................................................................................................................................31
6.19 Continuing the Work ................................................................................................................... 32
6.20 Contractor's General Warranty and Guarantee ..........................................................................32
6.21 Indemnifcation ......................................................................................................................... 33
6.22 Delegation of Professional Design Services .............................................................................. 34
6.23 Right to Audit .............................................................................................................................. 34
6.24 Nondiscrimination .......................................................................................................................35
Article7- Other Work at the Site ................................................................................................................... 35
7.01 Related Work at Site ................................................................................................................... 35
7.02 Coordination ................................................................................................................................36
Article8- City's Responsibilities ................................................................................................................... 36
8.01 Communications to Contractor ...................................................................................................36
8.02
8.03
8.04
8.05
8.06
8.07
8.08
8.09
FurnishData.......... ....................................................................................................................... 36
PayWhen Due ............................................................................................................................ 36
Lands and Easements; Reports and Tests ................................................................................... 36
ChangeOrders .............................................................................................................................36
Inspections, Tests, and Approvals .............................................................................................. 36
Limitations on City's Responsibilities .......................................................................................37
Undisclosed Hazardous Environmental Condition .................................................................... 37
Compliance with Safety Program ............................................................................................... 37
Article 9- City's Observation Sta.tus During Construction ...........................................................................37
9.01 City's Project Representative ..................................................................................................... 37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Authorized Variations in Work ..................................................................................................38
9.04 Rejecting Defective Work ..........................................................................................................38
9.05 Determinations for Work Performed .......................................................................................... 38
9:06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hme2014
Article 10 - Changes in the Work; Claims; Extra Work ................................................................................ 38
10.01 Authorized Changes in the Work ............................................................................................... 3 8
10.02 Unauthorized Changes in the Work ........................................................................................... 39
10.03 Execution of Change Orders ....................................................................................................... 39
10.04 Extra Work .................................................................................................................................. 39
10.05 Notification to Surety .................................................................................................................. � 9
10.06 Contract Claims Process ............................................................................................................. 40
Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41
11.01 Costofthe Work .........................................................................................................................41
11.02 Allowances .................................................................................................................................. 43
11.03 Unit Price Work ..........................................................................................................:............... 44
11.04 Plans Quantity Measurement ..................................................:...................................................45
Article 12 - Change of Contract Price; Change of Contract Time ................................................................. 46
12.01 Change of Contract Price ............................................................................................................46
12.02 Change of Contract Time ............................................................................................................47
12.03 Delays ..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48
13.01 Notice of Defects ........................................................................................................................ 48
13.02 Access to Work ........................................................................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering Work ........................................................................................................................49
13.05 City May Stop the Work .............................................................................................................49
13.06 Correction or Removal of Defective Work ................................................................................50
13.07 Correction Period ........................................................................................................................ 50
13.08 Acceptance of Defective Work ................................................................................................... 51
13.09 City May Correct Defective Work ............................................................................................. 51
Article 14 - Payments to Contractor and Completion .................................................................................... 52
14.01 Schedule of Values ...................................................................................................................... 52
14.02 Progress Payments ...................................................................................................................... 52
14.03 Contractor's Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................ 55
14.05 Final Inspection ...........................................................................................................................55
14.06 Final Acceptance .........................................................................................................................55
14.07 Final Payment .............................................................................................................................. 56
14.08 Final Completion Delayed and Partial Reta.inage Release ........................................................ 56
14.09 Waiver of Claims ........................................................................................................................ 57
Article 15 - Suspension of Work and Termination ........................................................................................ 57
15.01 City May Suspend Work ............................................................................................................. 57
15.02 City May Terminate for Cause ................................................................................................... 58
15.03 City May Ternunate For Convenience .......................................................................................60
Article16 - Dispute Resolution ...................................................................................................................... 61
16.01 Methods and Procedures .............................................................................................................61
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCiJMENT'S FOR CMAR PROJECTS
Revision: June2014
Article17 — Miscellaneous .............................................................................................................................. 62
17.01 Giving Notice .............................................................................................................................. 62
17.02 Computa.tion of Times ................................................................................................................ 62
17.03 Cumulative Remedies ................................................................................................................. 62
17.04 Survival of Obligations ............................................................................................................... 63
17.05 Headings ......................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCLfIv1ENTS FOR CMAR PROJECTS
Revision: June2014
UU'%L UU - 1
General Conditions
Page 1 of 65
ARTICLE 1— DEFII�tITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a conte� consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
l. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
Sta.tes Occupational Safety and Health Administration.
5. Award — Authoriza.tion by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or sta.te holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the ne� midnight.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCA'TION DOCUMEN'PS FOR CMAR PROJECTS
Revision: J�u�e2Al4
U�'!G UU - 1
General Conditions
Page 2 of 65
13. Change Order A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Sta.tutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the Ciiy Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — T'he officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The o�cially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representa.tive.
18. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract conta.ins the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents=Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time The number of days or the dates sta.ted in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUIvIh"NTS FOR CMAR PROJECTS
Revision: June?Ai4
WYLUU-1
General Conditions
Page 3 of 65
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representa.tive, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assista.nt, or agents.
32. Drawings — That part of the Contract Documents prepared or approved by Engineer
which graphically shows the scope, e�ent, and character of the Work to be performed by
Contractor. Submitta.is are not Drawings as so defined.
33. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer — The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. E�ra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie7A14
UU'%L UU - i
General Conditions
Page 4 of 65
38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that ma.y present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a tota.l cost equal
to or greater than 5% of the original Contract Price or $�5,000 whichever is less.
45. Milestone A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award—The written notice by City to the Successful Bidder sta.ting that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed—A written notice given by City to Contractor fi�ng the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs—Polychlorinated biphenyls.
49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
50. Plans — See defuution of Drawings.
51. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jw�e2014
UU %L UU - 1
General Conditions
Page > of 65
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project
the Site.
Representative The authorized representative of the City who will be assigned to
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginnuig at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values—A schedule, prepared and ma.intained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being fiunished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certa.in administrative requirements and procedural ma.tters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by atta.chment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCIJMENTS FOR CMAR PROTECTS
Revision: hute?A14
UU'%L UU - 1
General Conditions
Page 6 of 65
64. Substantial Completion — The stage in the progress of the Work when the Work (or
designated portion thereo fl is sufficiently complete in accordance with the Contract
Documents so that the City can utilize the Work (or a designated portion thereo� for its
intended use.
65. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
66. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
67. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
68. Supplier A manufacturer, fabricator, supplier, distributor, ma.terial man, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish ma.terials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
69. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or atta.chments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
70. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
71. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at �:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
72. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documenta.tion necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
73. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performa.nce of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'TS FOR CMAR PROJECTS
Revision: Jw�e2A14
UU %L UU - i
General Conditions
Page 7 of 65
l. The Contract Documents include the terms "as allowed,57 "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suita.ble," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
l. The word "Furnish" or the word "Insta.11" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporatirig in the Work including all necessary labor, ma.terials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents,
technical or construction industry or trade meaning
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01
2.02
Copies of Documents
words or phrases that have a well-known
are used in the Contract Documents in
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime?A14
2.03 Starting the Work
2.04
2.05
2.06
i►.�Iyl
�U'!L �U - 1
General Conditions
Page 8 of 65
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
Public Meeting
Contractor may not mobilize any equipment, ma.terials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
Initial Acceptance of Schedules
No progress payment shall be made to Contractor until accepta.ble schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by ali.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereo� to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as"the Contractor
shall," "in confornuty with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The Contractor shall not take advantage of any variation of form, forma.t or style in
CTTY OF FORT WORTH
STANDARD CONSIRUCTION SPECIFCATION DOCUNIENTS FOR CMAR PROJECTS
Revision: June?A14
UU %l UU - i
General Conditions
Page 9 of 65
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
l. Reference to standards, specifications, manuals, or codes of any technical society,
organiza.tion, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manua.l, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
l. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguiiy,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performauce of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Conlractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
CTPY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCIJMENTS FOR CMAR PROJECTS
Revision: J�me2A14
UU'/L 11U - 1
General Conditions
Page 10 of 65
3.04
3.05
:
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
Resolving Discrepancies:
l. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manua.l, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
�. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
Amending and Supplementing Contract Documents
A, 'The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify tlie terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
l. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo� prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on e�rtensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05
Contract. Nothing herein shall preclude
Documents for record purposes.
will survive final payment, or termination of the
Contractor from retaining copies of the Contract
CTI'Y OF FORT WOR'I'H
STANDARD CONSTRUCTION SPECIFCA'I'ION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime2014
UUllUU-1
General Conditions
Page i l of 65
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of te�, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media forma.t, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4— AVAILABILITY OF LAND5; SUBSURFACE AND PHYSICAL CONDITIONS;
AA�AunOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall fiunish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in e�sting facilities.
l. The City has obta.ined or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated fo be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outsta.nding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or
relocation of utilities is anticipated in accordance with the schedule set forth in the
Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with
the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or
relocated by others.
B. Upon reasonable written request, Ciiy shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of ma.terials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTTON SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: J�me2014
uu i� uu - i
General Conditions
Page 12 of 65
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to e�sting surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized.� Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
l. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information conta.ined in such reports or shown or
indicated in such drawings; or
3, any Contractor interpreta.tion of or conclusion drawn from any "technical data°' or any such
other data, interpretations, opinions, or information.
4.03 D�ering Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
l. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall be entitied to an adjustment in the Contract Price or Contract Time if:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S FOR CMAR PROJECTS
Revision: June?A14
uu iz uu - i
General Conditions
Page 13 of 65
1. Contractor did not know of the existence of such conditions at the time Contractor made a
final commitment to City with respect to Contract Price and Contract Time by the
submission of a Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could not reasonably have been discovered or revealed as a
result of the examination of the Contract Documents or the Site; or
3. Contractor gave the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents
with respect to e�sting Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1: City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data.;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground �
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated.•
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change ma.y be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCAITON DOCU1vIENTS FOR CMAR PROJECTS
Revision: Jime2014
11U'/L UU - 1
General Conditions
Page 14 of 65
be issued to reflect and document such consequences.
3. Verification of existing utilities, shuctures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: T'he Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor ma.y rely upon the
accuracy of the "technical data°' contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
l. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2, other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpxetation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2Al4
uu il uu - i
General Conditions
Page 15 of 65
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessiiy to retain a qualified expert to evalua.te such condition or take
corrective action, if any. When the Hazardous Environmental Condition has been rendered
harmless by the City's separate remediation confiractor, the work in the affected area shall resume
upon written agreement of the City and Contractor. For such Hazardous Environmenta.l
Conditions that Contractor encounters that are not within Contractor's scope of work, the
Contract Time shall be extended appropriately and the Contract Price shall be increased in the
amount of Contractor's reasonable costs of shut-down, delay and start-up, by Change Order.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required pernuts related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suita.ble for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To tlze fullest extent per�nitted by Laws and Regulations, Contractor shall indemnify and
hold harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and clzarges of engineers, arclzitects, attorneys, and otlzer professionals and
all court or arbitration or other dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition created by Contractor or by anyone for wlaom
Contractor is responsible. Nothing in tlais Paragrapla 4.06.G shall obligate Contractor to
indemn� any individual or entiry from and against flze consequences of that individual's or
entity's own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hme?A14
VU'!L UU - 1
General Conditions
Page 16 of 65
ARTICLE 5— BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the Sta.te of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. The Contractor shall, within ten days of the final execution by the Parties of this Agreement,
deliver to the City Payment and Performance Bonds, on a fortn acceptable to the City and in
compliance with Texas Government Code Chapter 2253, for the Construction Work. The
Payment and Performance Bonds shall be in the name of the City and shall each be in a penal
sum equal to the estimated construction budget or guaranteed maximum price, if known at the
time.
B. Maintenance Bonds, valid for two years from the substantial completion date of the Work, shall
be procured and provided by the Contractor to City prior to final acceptance of the Work and
shall be on a form acceptable to the City and in the name of and in favor of the City.
C. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by
an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is ternlinated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and mainta.in.
l. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as"Additional Insured" on all liability policies.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jtme2014
U�'/L UU - 1
General Conditions
Page 17 of 65
2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed andlor approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Ra.ting Guide or have reasonably equivalent fmancial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable, and except related to any Builders' Risk insurance provided by
Contractor), and each additional insured identified in the Supplementary Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the Ciiy to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise sta.ted, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
sta.te that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City. The City acicnowledges that McCarthy's
CTI'Y OF FORT WORTFI
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2A14
UU'%l U� - 1
General Conditions
Page 18 of 65
Professional Liability policy SIR is $1,000,000, and that such SIR is acceptable to the City.
11. Not used.
12. Ciiy, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with sta.tutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them ma.y be liable:
l. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2Ai4
UU'%L UU - 1
Generat Conditions
Page 19 of 65
three (3) years
Conditions).
following the completion of the project (if identified in the Supplementary
C. Automobile Liabiliry. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
5.05
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (ar other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the Ciry shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as ma.y be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the.
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to Ciiy. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hme?A14
UU'%L UU - 1
General Conditions
Page 20 of 65
6.02 Labor; Working Hours
A. Contractor shall provide competent, suita.bly qua.lified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times mainta.in good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not pernut the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
l. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of ma.terials and equipment.
C. All ma.terials and equipment to be incorporated into the Work shall be stored, applied, insta.11ed,
connected, erected, protected, used, cleaned, and conditioned in accordance with inshuctions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jiuie2014
UU %L UU - 1
General Conditions
Page 21 of 65
1. Contractor shall submit to City for acceptance (to the e�ent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification Ol 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05
Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description conta.ins or is followed by words reading that no like, equivalent,
or "or-equa.l" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or-Equal " Items: If in City's sole discretion an item of ma.terial or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an"or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a.
L
the City deternunes that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
CTTY OF FORT WORTH
STANDARD CONSTRUCT'ION SPECIFCATION DOCUMEN'TS FOR CMAR PROJECTS
Revision: huie2014
UU'%l UU - 1
General Conditions
Page 22 of 65
2. Substitute Items.•
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an"or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section O1 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, ma.intenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision:.huie2A14
UU'%l UU - 1
General Conditions
Page 23 of 65
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is e�ressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.OS.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an"or-equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a
warranty with respect to any substitute. Contractor shall indemn� and hold harmless City and
anyone directly or indirectly employed by them . from and against any and all claims, damages,
losses and expenses (including attorneys' fees) arising out of the use of substituted materials or
equipment.
E. Ciry's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed ar
submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. PERFO�CE OF WORK. Contractor shall publicly advertise for bids or proposals and
receive bids or proposals from trade contractors or subcontractors for the performance of all
major elements of the work other than the minor work that may be included in these general
conditions. Contractor may seek to perform portions of the work itself by submitting its bid or
proposal for those portions of the work in the same manner as all other trade contractors or
subcontractors and City deternunes that the Contractor's bid or proposal provides the best value
for the City.
CTI'Y OF FORT WORTH
STANDARD CONS'IRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU'/L UU - 1
General Conditions
Page 24 of 65
B. REVIEW OF BIDS OR PROPOSALS. The Contractor shall review all trade contractor or
subcontractor bids or proposals in a manner that does not disclose the contents of the bid or
proposal during the selection process to a person not employed by the Contractor, Design
Engineer, or City. All bids or proposals shall be made available to the City on request and to
the public after the later of the award of the contract or the seventh day after the date of final
selection of bids or proposals. If the Contractor reviews, evaluates, and recommends to the
City a bid or proposal from a trade contractor or subcontractor but the City requires another bid
or proposal to be accepted, City shall compensate the Contractor by a change in price, time, or
guaranteed maximum price for any additional cost and risk that the Contractor incurs because
of the City's requirement that another bid or proposal be accepted.
G .
D. DEFAULT; PERFORMANCE OF WORK. If a selected trade contractor or subcontractor
defaults in the performance of its work or fails to execute a subcontract after being so selected,
the Contractor may fulfill, without advertising, the contract requirements or select a
replacement trade contractor or subcontractor to fulfill the contract requirements
E. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection..
F. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and
equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
an MBE and/or SBE goal, Contractor is required to comply with the intent of the City's
Business Diversity Ordinance (as amended) by the following:
l. Contractor shall, upon request by the City, provide complete and accurate information
regarding actual work performed by a MBE and/or SBE on the Contract and payment
therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit andlor examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MBE and/or SBE. Material misrepresenta.tion of any nature may be grounds
for termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
G. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCIJMENTS FOR CMAR PROJECTS
Revision: Jwie2014
U�'fl UU - 1
General Conditions
Page 25 of 65
l. shall create for the benefit of any such Subconiractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individua.l or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
H. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontxactors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
I. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
J. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. 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 a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the infortnation, as to whether
good cause e�sts 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 Conlractor 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.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: 7une2Ai4
UU '/l UU - 1
General Conditions
Page 26 of 65
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 Sta.tutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the llth 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
fmal and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor 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 inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage �Zates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
e�stence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest e�ent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Ciiy, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
CTI'Y OF FORT WOR1'H
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June?A14
UU'fl UU - 1
General Conditions
Page 27 of 65
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for pernuts provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. Ciry obtained permits and licenses. City will obtain and pay for all pertnits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the Ciiy approves the changes, the Contractor is responsible for obta.ining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Deparhnent of Transporta.tion Permits
2. U.S. Army Corps of Engineers Pernuts
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Pernuts
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to pernuts
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
pernuts and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing that it is contrary to Laws or Regulations, Contractor
shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such Work. However, it shall not be
Contractor's responsibility to make certain that the Specifications and Drawings are in
CTTY OF FORT WOR1`H
STANDARD CONSTRUCTION SPECIFCATION DOCDMENTS FOR CMAR PROJECTS
Revision: hme2014
uu i� uu - i
General Conditions
Page 28 of 65
accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qua.lifies for exemption pursuant to
Texas Ta�c Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all ma.terials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas T� Code, Subchapter H.
B. Texas Tax permits and information ma.y be obta.ined from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 7871 l; or
2. http://www.window.sta.te.tx.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
l. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas vv�th construction equipment or
other ma.terials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to fuush the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be ma.de by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision:7une2014
uu i� uu - i
General Conditions
Page 29 of 65
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, f�-om and
against all claims, costs, losses, and darrtages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work.• During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utiliza.tion by City or adjacent property ovcmer. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpreta.tions and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submitta.ls will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, ma.intaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who ma.y be affected by the Work;
CTI'Y OF FORT WORTH
STt1NDARD CONSTRUC'ITON SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime2014
UU'%L UU - 1
General Conditions
Page 30 of 65
2. all the Work and ma.terials and equipment to be incorporated therein, whether in storage on
or offthe Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent properly and of Underground Facilities and other utility owners when
prosecution of the Work ma.y affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representa.tives must comply while at the Site.
E. All dama.ge, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity
employed by any of them to perform any of the Work, or anyone for whose acts any of them may
be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jw�e7A14
ou i� uu - i
General Conditions
Page 31 of 65
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not ta.ke positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submitta.ls to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conforinance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the insta.11ation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data. such as catalog numbers,
the use for which intended and other data. as City may require to enable City to review the
submitta.l for the limited purposes required by Paragraph 6.18.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
CTPY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
�U %L UU - 1
General Conditions
Page 32 of 65
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals accepta.ble to City. City's review and acceptance will be only to determine if the
items covered by the submitta.is will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not e�end to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construcrion is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section O1 33 00 and City has given written acceptance of each
such variation by spec�c written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibiliiy for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor ma.y otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or dama.ge caused by:
l. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCi:fMENTS FOR CMAR PROJECTS
Revision: June?A14
UU'%l UU - 1
General Conditions
Page 33 of 65
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or fmal payment;
3. the issua.nce of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submitta.l by City;
6. any inspection, test, or approval by others; or
�. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work that was not performed in
accordance with the Contract Documents, and pay for any damage to other work or property
resulting therefrom which shall appear within a period of two (2) years from the date of
Substantial Completion of the Work and shall furnish a good and sufficient maintenance
bond, complying with the requirements of Article 5.02.B. The City will give notice of
observed defects with reasonable promptness.
6.21 INDElVINIFICATION
SEE ARTICLE 8, SECTION 17 OF THE AGREEMENT
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Coniract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for conshuction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submiitals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCiJMENTS FOR CMAR PROJECTS
Revision: Jwie1A14
UU'!1 UU - 1
General Conditions
Page 34 of 65
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and desi�
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after fmal
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract, except that any lump sum amounts or agreed-upon rates shall not be subject to
audit. Contractor agrees that the City shall have access during Regular Working Hours to all
necessary Contractor facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the Ciiy shall, until the expiration of three (3) years after fmal
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract (except that any lump sum amounts or agreed-upon rates shall not be subject to
audit), and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequa.te and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Conlractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.�4 Nondiscrimination
A. The City is responsible for operating Public Transporta.tion Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
CTI'Y OF FORT WORTFi
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hu�e?A14
UU'fl UU - 1
General Conditions
Page 35 of 65
ARTICLE 7— OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners; and such other contractors shall be responsible for procuring their own property,
liability or workers compensation insurance, and Contractor shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of Contractor. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to Contractor prior to starting any such other work.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opporhxnity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that ma.y be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
l. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific ma.tters to be covered by such authority and responsibility will be itemized; and
3. the e�ent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementa.ry Conditions, City shall have authority for such
coordination.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCIJMEN'TS FOR CMAR PROJECTS
Revision: Jwie?A14
uu rl uu - i
General Conditions
Page 36 of 65
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01
E:�17►J,
8.03
8.04
8.05
8.06
8.07
. .,
. 1.
Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
Furnish Data
City shall timely ftu�nish the data required under the Contract Documents.
Pay When Due
City shall make payments to Contractor in accordance with Article 14.
Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to e�sting surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
Change O�ders
City shall execute Change Orders in accordance with Paragraph 10.03.
Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
Limitations on City's Responsibilities
A. T'he City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jiuie2014
UU"lLUU-1
Generai Conditions
Page 37 of 65
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limita.tions of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
sta.ges of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limita.tions on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCITON SPECIFCATION DOCUIvIENTS FOR CMAR PROJECTS
Revision: Jime?Al4
UU'!l U(1- 1
General Conditions
Page 38 of 65
9.05
9.06
Determinations for Work Pe�formed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such ma.tters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data.).
Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be fmal and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORI�; CLAIMS; EXTRA WORK
10.01
10.02
10.03
Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order E�ra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). E�ra Work shall be
memorialized by a Change Order which ma.y or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
l. changes in the Work which are: (i) ordered by City pursuant to Paragraph lO.Ol.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU '/l UU - 1
General Conditions
Page 39 of 65
10.04 Extr�a Work
A. Should a difference arise as to what does or does not constitute E�ra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding E�ra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual insta.11ation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or E�ra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limita.tion, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or E�ra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work ar the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the Ciiy for decision. A decision by City shall be required as a condition
precedent to any exercise by Contractor of any rights or remedies he ma.y otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
l. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or e�ent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data. in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: ,hme2A14
UU'/L UU - 1
General Conditions
Page 40 of 65
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City's written action under Paragraph 10.06.0 will be fmal and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; iJNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.0 l Cost of the Work
A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11A1.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incrementa.l costs required because of the change in
the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph
11.O1.B, but shall include, but not be limited to, the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limita.tion, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
UU'%l UU - 1
Generai Conditions
Page 41 of 65
include;
a. salaries with a 63% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the e�ent authorized
by City.
2. Cost of all ma.terials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor. All trade discounts, rebates, and
refunds or returns from sale of surplus materials and equipment shall accrue to Owner and
Contractor shall make provisions so that they may be obtained. Costs of materials
described in this paragraph in excess of those actually installed but required to provide
reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be
provided to the Owner at the completion of the Work or, at the Owner's option, shall be
sold by the Contractor or returned to the supplier; amounts realized, if any, from such sales
or returns shall be credited to the Owner as a deduction from the Cost of the Work.
3. Renta.ls of all construction equipment and ma.chinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined by the
Contractor. .
a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
Media, Inc., as adjusted to the regional area of the Project. T'he most recent published
edition in effect at the commencement of the actual equipment use shall be used.
b. Rates shall apply to equipment in good working condition. Equipment not in good
condition, or larger than required, may be rejected by Engineer or accepted at reduced
rates.
c. Equipment in Use: Actual equipment use time documented by the Engineer shall be
the basis that the equipment was on and utilized at the Project site. In addition to the
leasing rate above, equipment operational costs shall be paid at the estimated operating
CTI'Y OF FORT WORTFI
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU'fl UU - 1
General Conditions
Page 42 of 65
cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Blue Book Payment
Actua.l Usage Category
Less than 8 hours Hourly Rate
8 or more hours but less than Daily Rate
7 days
7 or more days but less than Weekly Rate
30 days
30 days or more Monthly Rate
d. Equipment when idle (Standby):
transit to and from the Work
modification but not in actual
Engineer, shall be paid at the
operational costs.
Idle or standby equipment is equipment on-site or in
site and necessary to perform the Work under the
use. Idle equipment time, as documented by the
leasing rate determined in 11.O1.A.4.c., excluding
e. Where a breakdown occurs on any piece of equipment, payment shall cease for that
equipment and any other equipment idled by the breakdown. If any part of the Work is
shut down by the Owner, standby time will be paid during non-operating work hours if
diversion of equipment to other Work is not practicable. Engineer reserves the right to
cease standby time payment when an extended shutdown is anticipated.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, includ'mg transportation and maintenance, dismantling and removal of all materials,
supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,
and hand tools not owned by the workers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain
the property of Contractor.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2Al4
UU%lUU-1
General Conditions
Page 43 of 65
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for pernuts and licenses.
e. Losses and damages (and related expenses) caused by damage to any of the Work that has
been completed and accepted by the City, not compensated by insurance or otherwise,
sustained by Confractor in connection with the performance of the Work, provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any Subcontractor, or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall include settlements made with
the written consent and approval of City. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee. If,
however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and Contractor is placed in charge thereof, Contractor shall be
paid for services, a fee proportionate to that stated in Paragraph 12.01.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions
and communication services at the Site, reproduction costs, progress photography costs,
costs of general office and similar supplies, postage, express delivery and courier
services, and similar petty cash items in connection with the Work.
h. T'he costs of premiums for all bonds Contractor is required by the Contract Documents to
purchase and maintain; the cost of all subcontractor bonds and/or an agreed-upon rate for
subcontractor default insurance; and insurance at the agreed-upon rate to be stated in the
GMP Amendment.
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the Contractor's
personnel incurred while traveling in discharge of duties connected with the Work in
accordance with the Contractor's written policies for personnel at or below the level of
Project Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by Contractor or
Subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance are considered
costs of the Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATiON DOCUMEN'I'S FOR CMAR PROJECTS
Revision: June?Al4
UU'!L UU - 1
General Conditions
Page 44 of 65
m. Fees and assessments for the building pernut and for other permits, licenses and
inspections for which the Confiractor is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the Contract Documents, except those
related to nonconfornung Work other than that for which payment is pernutted by
Paragraph t below.
o. Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for
infringement of patent or other intellectual property rights arising from such requirement
by the Contract Documents and payments made in accordance with legal judgments or
settlements against the Contractor resulting from such suits or claims, such payments
made only with the City's consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the Contractor's Fee
or the Guaranteed Ma�mum Price and provided that such royalties, fees and costs are not
excluded by provisions of the Contract Documents.
p. Legal, mediation and arbitration costs, other than those arising from disputes between the
City and Contractor or reasonably incurred by the Contractor in the performance of the
Work, except where covered under any indemnity by Contractor and only with the City's
written permission.
q. Reasonable expenses incurred 'm accordance with the Contractor's standard personnel
policy for relocation and temporary living allowances of personnel required for the Work,
in case it is necessary to relocate such personnel, for personnel below the level of Project
Superintendent.
r. Reasonable costs incurred by the Contractor in taking action to prevent threatened
damage, injury or loss in case of an emergency affecting the safety of persons or property.
s. Costs incurred by the Contractor in repairing or correcting damaged or nonconforming
Work performed by the Contractor or its Subcontractors or suppliers, provided that such
damaged or nonconforming Work was not caused by the negligence or failure of the
Contractor or the Contractor's employees, including supervisory, administrative or
managerial personnel, to perform in accordance with the Contract Documents or by the
failure of the Contractor's personnel to supervise adequately the Work of the Contractor's
Subcontractors or suppliers, and only to.the e�ent that the cost of repair or correction is
not recoverable by the Contractor from insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the Contractor in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities, temporary utilities, dumpsters and toilets.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'TS FOR CMAR PROJECTS
Revision: Jiuie2014
UU'%L UU - 1
General Conditions
Page 45 of 65
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded.• The term Cost of the Work shall not include any of the following items:
l. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safeiy managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.Ol.A.l or specifically covered by Paragraph 11.O1.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch o�ces other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capita.l
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due primarily to the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.O1.A.
6. The Contractor's capita.l expenses, including interest on the Contractor's capital employed for
the Work.
7. Renta.l costs of machinery and equipment, except as specifically provided in Paragraph
11.O1.A.3.
8. Liquidated damages assessed the Contractor by the City.
9. Data. processing and soflware costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.O1.B.1 above.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: 7tme2014
UU '!L UU - 1
General Conditions
Page 46 of 65
11. That portion of the reasonable travel and subsistence expenses of the Contractor's personnel
incurred while traveling in discharge of duties connected with the Work in accordance with the
Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. .
C. Contractor's Fee: Contractor's fee shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order for an adjustment in Contract Price is
determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth
in Paragraph 12.01.
D. Documentation: Whenever the Cost of the Work for any purpose is to be deterniined pursuant to
Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form accepta.ble to City
an itemized cost breakdown together with supporting data.
E. For all subcontracts, the Contractor shall ensure compliance with Texas law.
F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Contractor
shall accrue to the City if (1) before making the payment, the Contractor included them in an
Application for Payment and received payrnent therefore from the City or (2) the City has
deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall
accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of
surplus materials and equipment shall accrue to the City, and the Contractor shall make provisions
so that they can be secured. Amounts which accrue to the City in accordance with the provisions
of this paragraph shall be credited to the City as a deduction from the Cost of the Work.
G Accounting Records: The Contractor shall keep full and detailed accounts and exercise such
controls as may be necessary for proper financial management under the Contract Documents; the
accounting and control systems shall be satisfactory to the City. The City and the City's
accountants shall be afforded access to the records, books, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Project, and the Contractor shall preserve these for a period of three years after fmal payment, or
for such longer period as may be required by law.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as ma.y be acceptable to City.
B. Pre-bid Allowances:
l. Contractor agrees that:
a. the pre-bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision:.hme2014
UUYLUU-1
General Conditions
Page 47 of 65
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: shall be as defined in Article 2, Section 4 of the Agreement
D. Prior to fmal payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Confract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Ciiy subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionaily complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidenta.l work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
l. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased ot� Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices e�st, this will be considered E�ra Work and the Contract will be amended
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision:.hme2014
UU'%1 UU - 1
General Conditions
Page 48 of 65
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs ma.terially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
1�5% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract ma.y request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment ma.y be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be ma.de. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the fmal quantity as a plans
quantity.
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
CTI'Y OF FORT WORTH
STANDARD CONSTRLTCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime2014
UU'fl UU - 1
General Conditions
Page 49 of 65
ARTICLE 12 — CONTRACTOR'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF
CONTRACT TIME, DELAYS
12.01 Contractor's Fee
See Article 2, Sections 1 and 2 of the Agreement.
12.02 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
l. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01), and shall include the cost of
any secondary impacts that are foreseeable at the time of pricing the cost of E�ra Work; or
3. where the Work involved is not covered by unit prices conta.ined in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.02.B.2, on the
basis of the Cost of the Work (deternuned as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided below plus CMAR
Construction Services Fee as stated in Article 2 of the Agreement).
a. for costs incurred under Paragraphs 1 l.Ol.A.l and 1 l.Ol.A.2, the Contractor's additional
fee shall be 15% percent,
b. for costs incurred under Paragraph 11.O1.A.3„ the Contractor's fee shall be _15%
percent, as esta.blished in the Contractor's Proposal, based on subcontractor's actual
Cost of the Work
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs 11.Ol.A.l and 11A1.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount
paid to the next lower tier Subcontractor, however in no case shall the cumulative total of
fees paid to Contractor and all tiered sub-contractors be in excess of 26.8%;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6,
andl 1.01.B;
e. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to 3.5 percent (%) of such
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2A14
UU%LUU-1
General Conditions
Page 50 of 65
net decrease.
12.03 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for E�ra Work or for claimed delay unless
the E�ra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.04 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be e�ended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City or its designers or consultants, acts or neglect of utility owners or other
contractors performing other work as contemplated by Article 7, fires, floods, epidemics,
abnormal weather conditions, or acts of God.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) susta.ined by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributa.ble to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the acts or neglect of the City or
its designers, consultants, or utility owners or separate contractors, including without
limita.tion the failure of the City to provide information or material, if any, which is to be
furnished by the City.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU%LUU-1
General Conditions
Page 51 of 65
13.03
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they ma.y comply therewith as applicable.
Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations so require, any of the Work (or part thereo� to be
inspected, tested, or approved by City, City shall assume responsibility for arranging and
obta.ining such independent inspections, tests, retests or approvals, pay all costs in connection
therewith, and receive the required certificates of inspection or approval; excepting, however,
those fees specifically identified in the Supplementary Conditions or any Texas Department of
Licensure and Regulation (TDLR) inspections, which shall be paid as described in the
Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any additional inspections, tests, re-tests, or approvals required for City's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation
in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations
accepta.ble to City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab")
perform any inspections or tests ("Testing") for any part of the Work, as determined solely
City.
1. City will coordinate such Testing to the e�ent possible, with Contractor;
to
by
2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
uu iz ou - i
General Conditions
Page 52 of 65
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable tliat covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
l. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly ariributa.ble to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suita.ble materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duiy on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime2014
UU'%L (lU - 1
General Conditions
Page 53 of 65
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Conh�actor's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to
be defective, Contractor shall promptly, without cost to City and in accordance with City's
written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
/
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written inshuctions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start to
run from an earlier date if so provided in the Contract Documents.
D. Where defective Work (and dama.ge to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be e�ctended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to Contractor should
such additional warranty coverage be required. Contractor may dispute this requirement by filing
a Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limita.tion or repose.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision:.hme2Al4
13.08 Acceptance of Defective Work
13.09
UU'/L UU - 1
General Conditions
Page 54 of 65
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City ma.y do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the e�ent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
e�editiously. In connection with such corrective or remedial action, City ma.y exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representa.tives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this
Paragraph13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
City shall be entitled to an appropriate decrease in the Contract Price. h
D. Confiractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributa.ble to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
T'he Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
UU'%L UU - 1
General Conditions
Page 55 of 65
accepta.ble to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications fo� Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date esta.blished in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documenta.tion as is required by the Contract Documents.
The Contractor's Fee for overhead and profit shall be payable on a monthly basis, prorated
as a percentage of the contract time expended.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suita.bly stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the ma.terials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of reta.inage with respect to progress payments will be as stipulated in the
Contract Documents.
B. Review ofApplications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Confiractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the qua.lity of the Work is generally in accordance with the Contract Documents (subject
CTl'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jime2A14
UU'%L UU - 1
General �onditions
Page 56 of 65
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a fmal
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections ma.de to check the quality or the quantity of the Work as it has been
performed have been e�austive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City ma.y refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such e�ent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been dama.ged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
e. Ciiy has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
See Article 3 Subsection2 of the Agreement..
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment.• Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
CTI'Y OF FORT WORTTi
STANDARD CONSTRUCT'ION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU '/1 UU - 1
General Conditions
Page 57 of 65
F. Reduction in Payment:
1. City ma.y refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice sta.ting the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Conlractor, when Contractor remedies the
reasons for such action.
14.03
Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials,
Application for Payment, whether incorporated in the Project or not,
the time of payment free and clear of all Liens.
and equipment covered by any
will pass to Ciiy no later than
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performa.nce of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
l. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
CITY OF FORT WORTH
STANDARD CONSTRUCITON SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jiuie2Al4
UU'%1 UU - 1
General Conditions
Page 58 of 65
14.05 Finallnspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
l. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
14.07 Final Payment
A. Application for Payment:
l. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to fmal payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documenta.tion,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCLJMENTS FOR CMAR PROJECTS
Revision: Jwie2014
UU%LUU-1
General Conditions
Page 59 of 65
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed ar corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and ma.intenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount reta.ined provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
T'he acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TEF:NIINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so f�ed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no e�ra payment for stand-by
time of construction equipment andlor construction crews.
CITY OF FORT WORTH
STANDARD CONSTRUCT'ION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June?A14
UU'!L UU - 1
General Conditions
Page 60 of 65
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefuute period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement ma.y not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule esta.blished under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's Business Diversity Enterprise Ordinance #20020-12-2011esta.blished under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
fmancially unable to carry on the Work satisfactorily; or
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June?Al4
UU'%l VU - 1
General Conditions
Page 61 of 65
8. Contractor commences legal action m a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent pernutted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City ma.y exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City ma.y deem expedient.
3. Whether City or Sureiy completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2Al4
uur�uu-i
Generai Conditions
Page 62 of 65
law.
15.03
C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of riotice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which ma.y thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liabiliiy.
E. If and to the e�ent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the ternunation to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Posta.l Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein sta.ted; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work
termination;
under the Contract on the date and to the e�ent specified in the notice of
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work ternunated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the e�ent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
, other material produced as a part of, or acquired in connection with the performa.nce of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Time2A14
uurzuu-i
General Conditions
Page 63 of 65
i110 Clijr.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the properly related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be ma.de prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
e�ctension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
l. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination;
2. direct expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work;
3. reasonable expenses directly attributable to termination; and
4. overhead and profit in the form of a prorated amount of the Contractor's Fee, with such
proportion being "the cost of the work completed to date" divided by "GMP minus the
Contractor's Fee".
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
ternunation and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
CTI'I' OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: hme?A14
UU7LUU-1
General Conditions
Page 64 of 65
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall sta.y the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents reguires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an o�cer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the ne� Working Day shall become the last
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jwie2014
uu il uu - i
General Conditions
Page 65 of 65
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
All representa.tions, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive fmal payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
17.06 Mutual Waiver of Consequential Damages
The Contractor and City waive Claims against each other for consequential damages arising out of
or relating to this Agreement. This mutual waiver includes: (1) damages incurred by the City for
rental expenses, for losses of use, income, profit, fmancing, business and reputation, and for loss of
management or employee productivity or of the services of such persons; and (2) damages incurred
by the Contractor for principal office expenses including the compensation of personnel stationed
there, for losses of fmancing, business and reputation, and for loss of profit except anticipated profit
arising directly from the Work performed. This mutual waiver is applicable, without limita.tion, to all
consequential damages due to either party's termination in accordance with Contract Documents.
Nothing contained in this Section 17.06 shall be deemed to preclude an award of liquidated
damages, when applicable, in accordance with the requirements of the Contract Documents.
CTTY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jtme2014
M&C Review
Official
CITY COUNCIL AGENDA
DATE:
CODE:
10/22/2013
C
Page 1 of 3
site of the City of Fort Worth, Texas
FORT �'�rORTII
_�_
COUNCIL ACTION: Approved on 10/22/2013
REFERENCE NO.: **C-26514 LOG NAME:
TYPE:
CONSENT PUBLIC
HEARING:
f►�i7:l�►�il�:ll�sN►�i1_1:7
�
SUBJECT: Authorize Execution of a Two-Phase Construction Manager-at-Risk Agreement with
McCarthy Building Companies, Inc., and Authorize Expenditures for Pre-Construction
Services in the Amount of $60,000.00 for the Hemphill Street Extension from Lancaster
Avenue to Vickery Boulevard (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a two-phase Construction Manager-at-
Risk Agreement with McCarthy Building Companies, Inc., for Pre-Construction Services in the
amount of $60,000.00 for the Hemphill Street extension from Lancaster Avenue to Vickery Boulevard.
DISCUSSION:
The 2004 Capital Improvements Program (CIP) included funding for the design and construction of
Hemphill Street from Lancaster Avenue to Vickery Boulevard as a four-lane arterial street under IH-
30 and the Union Pacific Railroad tracks.
The project involves extensive coordination with the Union Pacific Railroad, Texas Department of
Transportation, and The T. Use of the Construction Manager-at-Risk (CMAR) alternative project
delivery method will provide additional benefits through reduced construction cost and accelerated
project delivery. This project represents the first application of the CMAR delivery method for a
transportation project in the City.
Under the CMAR approach, a Construction Manager is selected based on qualifications to provide
the best value to the City for the desired services. The CMAR will work with the design engineer and
City to provide construction knowledge and value engineering services during the design, or pre-
construction phase. In addition, as the design proceeds, the CMAR prepares a Guaranteed Maximum
Price (GMP) for construction phase services, which is also open bid to other contractors to secure the
best prices to construct the project. The CMAR process is designed to share the risk between the
City and the contractor and is authorized by state law. The contract is a single contract with two
phases: this Pre-Construction Phase and a future Construction Phase. The City has the option to
cancel the contract prior to the Construction Phase, if the GMP exceeds the expected costs, or for
other reasons.
On May 8, 2012, (M&C C-25602) the City Council authorized the rejection of all bids received for the
construction of Hemphill Street from Lancaster Avenue to Vickery Boulevard, directed Staff to identify
potential cost savings or cost avoidance, and authorized re-advertising the construction project for
bids or proposals.
On June 22, 2012, the City administratively authorized an Agreement with Wilson Associates, VE,
Inc., in the amount of $49,857.00 for a value engineering study to identify potential construction and
right-of-way cost savings for the Hemphill Street project. The study identified design considerations
for a potential savings up to $2,000,000.00 in the construction cost, from the prior low-bid of
$12,556,816.84. These ideas will be investigated further with the CMAR.
mhtml:file://C:\Users\WeissM\Documents\Hemphill-Lamar-Tayl... 6/24/2014
M&C Review
Page 2 of 3
On May 9, 2013 and May 16, 2013, the Transportation and Public Works Department published a
Request for Proposals (RFP) for a Construction Manager-at-Risk for Hemphill Street from Lancaster
Avenue to Vickery Boulevard. A mandatory Pre-Proposal Conference was held on June 7, 2013, and
proposals were received from the following eight firms on June 20, 2013:
Archer Western Construction, LLC
AUI Civil, LLC
Austin Bridge & Road, LP
Fain Group, Inc.
Haydon Building Corporation
McCarthy Building Companies, Inc.
Sundt Construction, Inc.
Webber, LLC
A Selection Committee (Committee) comprised of Staff evaluated the submitted proposals with
respect to the published RFP criteria for: company and personnel performance and experience in
constructing transportation projects of similar size and scope, CMAR pricing, project approach, and
MBE commitment. The Committee ranked the teams based on the written proposals and short-listed
four firms: Austin Bridge & Road, LLC, Haydon Building Corporation, McCarthy Building Companies,
Inc., and Sundt Construction, Inc.
On August 1, 2013 and August 2, 2013, the four short listed firms were evaluated by the Committee
through oral interviews to further assess their capabilities. The Committee evaluated the four firms
and selected McCarthy Building Companies, Inc., as the best qualified team who best understood the
CMAR process and demonstrated an effective project delivery approach for this project.
M/WBE Office - McCarthy Building Companies, Inc., is in compliance with the City's BDE Ordinance
by committing to 17 percent MBE participation on the Pre-Construction phase services and 15
percent MBE participation on the construction phase services of this CMAR project. The City's MBE
goal on the Pre-Construction Phase Services is five percent and the City's MBE goal on the
Construction Phase Services is 15 percent.
The Department will bring a second Mayor and Council Communication seeking authorization and
funding for the Construction Phase Services portion of the contract at the appropriate time.
The Hemphill Street project is located in COUNCIL DISTRICT 9, Mapsco 76D and 76H.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Street Improvements Fund.
TO Fund/Account/Centers
C200 539120 209230014180
Submitted for City Manaqer's Office by:
Originating De�artment Head:
FROM Fund/Account/Centers
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Additional Information Contact:
Mike Weiss (8485)
�,.� ��� ��
mhtml: file://C:\Users\WeissM\Documents\Hemphill-Lamar-Tayl... 6/24/2014
M&C Review
ATTACHMENTS
• i 1 i��►�l��i�������: � ���
Page 3 of 3
mhtml: file://C :\Users\WeissM\Documents\Hemphill-Lamar-Tayl. .. 6/24/2014
MAYOR AND COUNCIL COMMUNICATION MAP
20HEMPHILL CMAR
�.�ry+ynynt �ui o i,iry m ron vwru�. unaumonzea repmaucuon is a vioiaoon or appucaae iaws.
This produclis forinfamational purposes and may not have been prepared foror be suitable fa legal, engineering, a surveying
purposes. Il does nolrepresentan on-the-ground survey and represerits only 1he approximale relative location of propeAy boindaries. L`�'�Y P R�JEL`T# 0��4�
The City of Fort Worih assianes no responsibilily forthe accuracy ofsaid data