HomeMy WebLinkAboutContract 57409CMAR – CFW Fire Station Park Expansion Project # C02638 Page 1 of 14
Agreement Form 01/19/22
AGREEMENT FOR CONSTRUCTION MANAGER-AT -RISK
PRE-CONSTRUCTION AND CONSTRUCTION SERVICES
for
PROJECT
CITY OF FORT WORTH, PROJECT NO.
C02638
THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT -RISK SERVICES which
INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES (“Agreement”), is made and entered into by and between
the City of Fort Worth , a Texas municipality, (“City”) and Dean Electric, Inc., dba Dean
Construction, a legal entity existing under the laws of the State of Texas and authorized t o
conduct business in the State of Texas, (“CMAR”). City and CMAR may be referred to herein as
a “Party” or the “Parties”.
WHEREAS, City has identified a project known as Fire Station Park Expansion Project (the
“Project”); and
WHEREAS, City desires to engage CMAR to perform Construction Manager-At-Risk services,
which consist of Pre-Construction Phase Services and Construction Phase Services, for the
Project; and
WHEREAS, CMAR possesses broad experience, knowledge and technical resources to provide
such services related to the design, permitting, construction and construction management for
the Project; and
WHEREAS, City has engaged the services of Pacheco Koch Consulting Engineers, Inc.
(“Design Engineer”), to prepare the design of the Project; and
WHEREAS, CMAR was selected by City through a competitive procurement process; and
WHEREAS, CMAR is willing and able to undertake and provide the services and to be
responsible for the overall completion of the Project, as described on Attachment A, within a
project construction budget of $1,500,000, upon the terms, covenants, recitals, and conditions
hereinafter set forth; and
WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated the 20th
day of January, 2022, attached hereto as Attach ment B; and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary contractors to which CMAR awards contracts and subcontractor s(s),
the City’s Standard General Conditions for a CMAR Agreement (“General Conditions”), attached
hereto as Attachment C; and
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WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized /defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project’s
scope.
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and the covenants and promises to be carried out by each
Party, the City and CMAR hereby agree to perform the services described herein upon the
terms and conditions set forth herein and any Attachments and Exhibits hereto, which are
hereby incorporated.
ARTICLE 1 – SERVICES
A.CMAR agrees to furnish all Pre-construction and Construction Phase Services, as
described in Attachment s A and B.
B.The Pre-Construction Phase Services shall commence within 7 calendar days after
receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and
terminate upon conclusion of Guaranteed Maximum Price negotiations . CMAR may initiate
early works packages in advance of the Construction Phase , such as, but not limited to,
preliminary site grading , utility relocations or procuring long -lead materials prior to final
development of the GMP. Costs of early works packages shall be included in the GMP.
C.The Construction Phase Services shall commence within 7 calendar days after recei pt of
an authorization in the form of a Notice to Proceed from the City to CMAR. CMAR agrees to
furnish all Construction Phase Services , as described in Attachments A and B, for the
amount of the GMP, as hereinafter described , abiding by this Agreement and its
Amendments and Attachments, to also include the Construction Documents created to
effect the Work on the Project.
1.CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time , subject to Article 6 herein – Project Time and Liquidated
Damages.
2.CMAR shall perform all Work in accordance with the requirements of the
Construction Documents. CMAR shall at all times exercise complete and exclusive
control over the construction means, methods, sequences, and techni ques. CMAR
shall provide all necessary construction labor, materials, tools, equipment, as well as
all construction supervision, inspection, and temporary utilities as required to
complete the Work pursuant to the Construction Documents. CMAR shall be
responsible for the proper performance of the work, including all work performed by
its subcontractors, and any acts and omissions in connection with such performance.
D.CMAR shall be responsible for obtaining and paying for any necessary temporary
construction easements or permission from adjacent landowners to allow CMAR to perform
the Work. CMAR shall present documentation of temporary construction easements or other
permissions at the time the GMP is submitted to City.
E.CMAR warrants to City that all materials and equipment furnished under this
Agreement will be new, unless otherwise specified. The CMAR also warrants to City
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that all materials and equipment furnished under this Agreement will be in
conformance with the Construction Documents.
ARTICLE 2 – COMPENSATION
A.The City shall compensate CMAR for providing the Pre-Construction Phase Services in
the amount of $ 3,500 (“Pre-Construction Phase Fee”).
B.The City shall compensate CMAR for providing the Construction Phase Services in th e
amount of 3.5 % of the Cost of Work (“Construction Phase F ee”).
C.Notwithstanding Article 1, Paragraph C. or Paragraph B. of this Article, City may, by
giving written notice at any time before the end of the Pre -Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City’s reasonable estimation, exceeds or would exceed the City’s estimated
Construction Budget. In such event, CMAR shall be paid for Work performed up to the date
of termination in accordance with this Agreement.
D.Any unspent CMAR Contingency shall be shared on a T o-Be -Determined 0% basis
between CMAR and City.
E.Savings – In the event the final Cost of Work, inclusive of the Construction Phase Fee, is
less than the GMP, a s may be adjusted by Change Orders, the To-Be -Determined 0% of the
resulting savings will be paid to the CMAR as a performance incentive .
F.Schedule Incentives to promote performance results by contractors may be established
by CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an amount, which will be a part of the GMP, to be used for schedule incentives
for subcontractors. Any of these funds which remain unspent shall be returned to City .
ARTICLE 3 – PAYMENT
Payment by City to CMAR is to be made as follows:
A.CMAR shall submit monthly an Application for Payment for Pre-Construction Phase
Services describing the work performed during the preceding month. The City shall make
payment pursuant to Paragraph 14.02 of the General Co nditions.
B.CMAR shall submit monthly an Application for Payment for Construction Phase Services
describing the Work performed during the preceding month. The City shall make payment
pursuant to Paragraph 14.02 of the General Conditions , less 5% withheld as retainage per
pay application, except that no retainage shall be held on CMAR’s Construction Services
Fee or General Conditions Costs (a/k/a Costs of the Work as defined in the General
Conditions). CMAR’s Construction Services F ee and General Conditions costs shall each be
shown as a line item in the Application for Payment .
ARTICLE 4 – GUARANTEED MAXIMUM PRICE
A.The Guaranteed Maximum Price proposal for Construction of the Project shall be
presented to the City no later than 30 days after receipt by CMAR of approved 90%
plans or as otherwise mutually agreed.
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B.Elements to be considered in the GMP include but are not limited to:
a.Hard Costs (estimated or actually obtained by bid)
1)General Conditions Costs, see Section 11.01 of the General Conditions
2)Cost of Work (estimated or formally procured) (Open Book)
3)Other Fees as may be presented in Attachments A or B
b.CMAR’s Construction Phase Fee
c.Contingencies and Allowances
1.CMAR Contingency
2.City’s Allowance
C.After submission of the GMP proposal, CMAR and City shall meet to discuss and review
the Design Documents and the GMP Proposal in an effort to negotiate a final GMP.
D.When established and accepted by City in writing, the GMP shall be memorialized and
incorporated as an amendment to this Agreement.
E.If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the
Project may proceed or to affect a termination .
ARTICLE 5 – CHANGES IN THE WORK
The City, during either phase of services and without invalidating this Agreement, may order
changes in th e design of the Project and/or the Work consisting of additions, deletions or
other revisions issued in the form of a Field Order or , where necessary , a Change Order to
adjust the GMP and the Contract Time .
ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A except as modified by
CMAR in Attachment B and memorialized in the Project Schedule when developed by
CMAR and presented to City. CMAR will perform the required services in a timely manner
and 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. Unless delayed, as defined in the General Conditions, CMAR shall ac hieve
Final Acceptance of the Work, including all punch list items, within sixty (60) days from the
date of Substantial Completion .
CMAR recognizes that time is of the essence to this Agreement and that City will suffer
financial loss if the Work is not completed within the Project Time plus any mutually agreed
extension thereof . The CMAR recognizes the delays, expense , and difficulties involved in
proving in a legal proceeding the actual loss suffered by the City if the Work is not
completed on time and, instead of requiring any such proof, CMAR agrees that Liquidated
Damages, not as a penalty but as just compensation , shall be $650 for each day that
expires after the expiration of the Project Time until such time as Substantial Completion of
the entire Project is issued by the City in writing.
ARTICLE 7 – MBE/WBE
The CMAR must meet, and hereby commits to meet, the Business Equity participation goal
of 0% for the Pre -Construction Phase Services for this Project.
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CMAR must meet, and hereby commits to meet, the Business Equity goal of 20% during
Construction Phase Services for this Project.
ARTICLE 8 - GENERAL TERMS
A.PROFESSIONAL STANDARDS. The standard of care for all design professional
services performed under this Agreement shall be the care and skill ordinarily used by
members of the architectural and engineering professions practicing under similar conditions
at the same time and locality as the Project. The CMAR shall be responsible for the
professional and technical soundness, accura cy, and adequacy of all consultation, cost
estimating, pre-construction , construction and other services and materials furnished under
this Agreement.
B.MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in
providing to each other in formation available, and in facilitating the Work within the scope of
this Agreement. City shall, throughout the performance of the Construction Work, cooperate
with CMAR and perform its responsibilities, obligations and services in a timely manner so
as not to delay or interfere with CMAR’S timely and efficient performance of its obligations
under the Contract Documents. The City shall cooperate and provide reasonable assistance
to the CMAR in obtaining the permits, approvals, and licenses that are CMAR’s
responsibility to obtain.
C.GENERAL CONDITIONS. Attachment C contains the City’s General Conditions
applicable to this Project. CMAR hereby agrees to comply with said General Conditions,
including providing a copy to any contractors or subcontractors, as ap plicable.
D.PROJECT PROGRESS. CMAR’s services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
E.ASSIGNMENT. CMAR shall not assign its interest in this Agreeme nt 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.
F.PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perform the services under this Agreement. Such
personnel are not employees of, nor have any contractual rela tionship with the City . CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G.EXTENT OF AGREEMENT/NO THIRD PARTY RIGHT S. The City and CMAR agree that
this Agreement represents the entire and int egrated 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 per son or entity. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of City. The doctrine of respondeat
superior shall not apply.
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H.REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs,
drawings, specifications, documents, and other work products of the CMAR whether in hard
copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by City or by others acting throug h or on
behalf of City of any such instruments of service without the written permission of the CMAR
will be at the City’s sole risk. The City shall own the final, printed designs, drawings,
specifications and documents. Transfer of ownership of the contra ct documents does not
constitute sale of the documents.
I.INSURANCE. CMAR shall, during the performance of the Agreement, keep in force
insurance as described in Article 5 of the General Conditions.
J.TERMINATION. T his Agreement may be terminated as provide d for by Article 2, Section
C of this Agreement or as otherwise provided by the General Conditions.
K.COST ESTIMATES. CMAR’s opinions of probable cost are to be made on the basis of
CMAR’s experience and qualifications and represent CMAR’s best judgment as a qualified
professional familiar with the industry.
L.INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ, UNDERSTANDS AND
AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M.SURETY BONDS. The CMAR shall furnish the required performance , payment and
maintenance bonds as described in Article 5 of the General Conditions .
N.CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City’s fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O.EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost .
P.NO CAUSE OF ACTION AGAINST ENGINEER. CMAR, its subcontractors and
equipment and materials suppliers on the Project or their sureties, shall maintain no direct
action against the Engineer, its officers, employees, and subcontractors, for any claim arisin g
out of, in connection with, or resulting from the engineering services performed. Only the City
will be the beneficiary of any undertaking by the Engineer. The presence or duties of the
Engineer's personnel at a construction site, whether as on -site representatives or otherwise,
do not make the Engineer or its personnel in any way responsible for those duties that
belong to the City and/or the City's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
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construction work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The Engineer and its personnel have no
authority to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions .
ARTICLE 9 – THE CITY ’S RESPONSIBILITIES
The City shall:
A.Designate a Project Representative to act as its representative with respect to the
services to be rendered under this Agreement for Pre-Construction Services. Such
Project Representative will have complete authority to transmit instructions, receive
information, interpret and define City’s policies and decisions with respect to CMAR’s
services.
B.Provide timely reviews of studies, reports, sketches , estimates, and other documents
presented by CMAR consistent with City’s normal business practices.
C.Secure and execute all necessary permanent easements and agreements with adjacent
land or property owners that are necessary for the Project . City is further responsible for
all costs, including attorneys’ fees, incurred in securing these necessary permanent
easements and agreements. City is responsible for securing all zoning approvals
required for the Project for the construction to proceed without delay .
ARTICLE 10 – AMENDMENTS
This Agreement may only be amended in writing, agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and
CMAR with respect to the subject mat ter of this Agreement and supersedes all prior
understandings, negotiations, representations or agreements, either written or oral contracts
between City and CMAR respecting this Project. This Agreement will be binding upon and
inure to the benefit of City and CMAR and their respective successors and assigns.
ARTICLE 12 – GOVERNING LAW & JURISDICTION
Except as provided for in the General Conditions, Paragraph 6.0 8, arbitration will not be
allowed on this Project. The performance of the work and 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.
Performance shall be specifically governed by Subchapter F, Texas Government Code
2269.251 et seq. 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 part y 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 s uch legal action and irrevocably waives the right to bring any legal
action in any other jurisdiction.
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ARTICLE 13 – SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to
be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations
contained in the valid covenants, conditions or provisions of this agreement.
ARTICLE 14 – WAIVER
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
ARTICLE 15 – CONFLICT IN TERMS
In the event there is a conflict between the terms of this Agreement, and any other Contract
Document, the terms of this Agreement shall control over the other Contract Documents.
ARTICLE 16 - HEADINGS
The headings in this Agreement are inserted for reference only, and shall not define or limit
the provisions hereof.
ARTICLE 17 - NOTICE
All notices required herein shall be addressed to City as follows:
Jing Yang
Park & Recreation Department
200 Texas Street
Fort Worth, Texas 76102
PHONE 817.392.5742
EMAIL jing.yang@fortworthtexas.gov
With Copy to:
All notices to CMAR shall be addressed as follows:
Greg Firebaugh
Dean Electric, Inc., dba Dean Construction
701 Hall Street
Cedar Hill, TX 75104
PHONE 972.291.7153
EMAIL greg@dean-construction.com
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ARTICLE 18 – PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CMAR, unless a sole proprietor, acknowledges that in accordance with C hapter 2271 of the
Texas Government Code, if CMAR has 10 or more full time -employees and the contract
value is $100,000 or more, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a writte n verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms “boycott Israel” and “company” shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this contract,
CMAR certifies that CMAR’s representative’s signature provides written verification to
the City that if Chapter 2271, Texas Government Code applies, CMAR : (1) does not
boycott Israel; and (2) will not boycott Is rael during the term of the contract.
ARTICLE 19 – IMMIGRATION NATIONALITY ACT
CMAR shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, CMAR shall provide City with copies of all I-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. CMAR shall adhere to all Federal and State laws as well as establis h
appropriate procedures and controls so that no services will be performed by any CMAR
employee who is not legally eligible to perform such services. CMAR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CMAR, CMAR’s EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CMAR, shall
have the right to immediately terminate this Agreement for violations of this provision by
CMAR.
ARTICLE 20 - PROHIBITION ON BOYCOTTING ENERGY COMPANIES.
CMAR acknowledges that in accordance with Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more, which will be paid
wholly or partly from public funds of the City, with a company (with 10 or more full -time
employees) unless the contract contains a written verification from the company that it: (1)
does not boycott energy companies; and (2) will not boycott energy companies during the
term of the contract. The terms “boycott energy company” and “company” have the
meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, CMAR
certifies that CMAR’s signature provides written verification to the City that CMAR: (1)
does not boycott energy comp anies; and (2) will not boycott energy companies
during the term of this Agreement .
ARTICLE 21 - PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION
INDUSTRIES.
CMAR acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of $100,000 or
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more which will be paid wholly or partly from public funds of the City, with a company (with
10 or more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade associatio n; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade
association. The terms “discriminate,” “firearm entity” and “firearm trade association” have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, CMAR
certifies that CMAR’s signature provides written veri fication to the City that CMAR: (1)
does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
ARTICLE 22 – AUTHORITY TO SIGN
CMAR shall attach evidence of authority to sign Agreement if signed by someone other than
the duly authorized signatory of the CMAR.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE P AGE
AND ATTACHMENTS/EXHIBITS TO FOLLOW
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ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the
date subscribed by the City’s designated Assistant City Manager (“Effective Date”).
CMAR CITY OF FORT WORTH:
Dean Electric, Inc., dba Dean Construction
By: By:
Greg Firebaugh Valerie R. Washington
CEO/President Assistant City Manager
Date: _______________ Date: ________________
By City:
Approved as to Form and Legality Approval Recommended:
Douglas W. Black Richard Zavala
Sr. Assistant City Attorn ey Director, Park & Recreation Department
M&C: 22-0241 ATTEST:
Date: 03/29/2022 ____________________________
Form 1295 Yes Jannette S. Goodall
City Secretary
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Jing Yang
Park & Recreation Department
11
2022-848420
Richard Zavala (Apr 12, 2022 08:48 CDT)
Richard Zavala
DBlack (Apr 13, 2022 20:58 CDT)
Valerie Washigton (Apr 13, 2022 22:21 CDT)
Valerie Washigton
Apr 13, 2022
Jannette S. Goodall (Apr 14, 2022 09:47 CDT)
Jannette S. Goodall
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
Create New From This M&C
DATE:3/29/2022 REFERENCE
NO.:
**M&C 22-
0241 LOG NAME:80FIRE STATION PARK
IMPROVEMENTS CMAR
CODE:C TYPE:CONSENT PUBLIC
HEARING:NO
SUBJECT: (CD 9) Authorize Execution of a Funding Agreement with Historic Southside, Inc.,
dba Near Southside Arts, Inc. in the Amount of $680,000 and Authorize a Construction
Manager at Risk Agreement with Dean Electric, Inc., dba Dean Construction, for the Fire
Station Park Expansion Project with a Preconstruction Phase Services Fee in the Amount
of $3,500.00 and a Construction Phase Services Fee of 3.5% of the Guaranteed
Maximum Price within a Project Construction Budget of $1,500,000.00, Adopt Attached
Appropriation Ordinances, and Amend the Fiscal Years 2022-2026 Capital Improvement
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a funding agreement with Historic Southside, Inc., dba Near Southside Arts,
Inc., in the amount of $680,000.00 for the Fire Station Park Expansion project (City Project
No. C02638);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Project Fund in the amount of $680,000.00, from Near Southside
Arts contributed funds, for the purpose of funding the Fire Station Park Expansion project;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Dedication Fees Fund in the amount of $1,000,000.00, from available funds, for
the purpose of funding the Fire Station Park Expansion project;
4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the PARD Dedication Fees Fund, in the amount of $180,000.00, by decreasing estimated
receipts and appropriations in the Central City programmable project (City Project No.
P00057), and increasing estimated receipts and appropriations in the Fire Station Park
Expansion project (City Project No. C02638) by the same amount;
5. Authorize execution of a Construction Manager at Risk Agreement with Dean Electric, Inc.
dba Dean Construction, for the Fire Station Park Expansion project with a preconstruction
phase services fee in the amount of $3,500.00 and a construction phase services fee of
3.5\% of the Guaranteed Maximum Price within a project construction budget of
$1,500,000.00; and
6. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to accept local funding from Historic
Southside, Inc. and authorize execution of a Construction Manager at Risk (CMAR) agreement
with Dean Electric, Inc., dba Dean Construction (Dean Construction), for the Park & Recreation
Department's (PARD) Fire Station Park Expansion project with a preconstruction phase services fee
in the amount of $3,500.00 and a construction phase services fee of 3.5\% of the Guaranteed
Maximum Price (GMP) within a project construction budget of $1,500,000.00. The project scope
includes the installation of lighting, vehicular and pedestrian pavement, plaza, skate park, pump track,
dog park, event lawn and other park amenities. The overall project budget, inclusive of design, is
$1,889,446.00.
Design Services:
On August 30, 2016, the City Council authorized the acquisition of approximately 1.35 acres of land
located at 1616 Hemphill Street for the expansion of existing Fire Station Park (M&C L-15946). On
April 26, 2019, an Engineering Services Agreement with Pacheco Koch Consulting Engineers,
Inc. (Pacheco Koch) was administratively executed in the amount of $10,000.00 to prepare Phase I
development of the site (City Secretary Contract No. 52234). On May 6, 2020, the City Council
authorized Amendment No. 1 to the agreement to provide additional design and construction
documents for the site in an amount of $124,828.00, for a total contract value of $134,828.00 (M&C
20-0321).
Due to factors of budget and private fund schedules, City staff determined that utilizing a CMAR
method of project delivery would best assist the progression of the project. By engaging a CMAR early
in the project schedule the overall project delivery time can be reduced.
CMAR Selection:
A Request for Proposals for a CMAR was advertised in the Fort Worth Star-Telegram on December 16
and 23, 2021. A pre-proposal meeting and site visit was held January 6, 2022. The City received two
proposals on January 20, 2022 from the contractors listed below:
• Dean Construction
• The Fain Group, Inc.
A selection team, comprised of representatives of the PARD, City Diversity and Inclusion
Department, Near Southside Arts, Inc., (NSA) and Pacheco Koch reviewed and scored the
submittals. The selection team reviewed the proposers' (a) corporate experience & financial stability,
(b) pricing of CMAR services, (c) CMAR qualifications and experience of key personnel, (d)
construction approach, (e) pre-construction approach, (f) QA/QC and safety plan, (g) cost and
schedule control; (h) compliance with the Business Equity Ordinance. The individual scores were
averaged for each of the criteria and the final scores are listed in the following table.
Proposers Evaluation Factors
a b c d e f g h Total Score Rank
Dean Construction 7.6 8.0 15.6 12.6 8.6 4.4 17.0 2.0 75.8 1
The Fain Group, Inc.7.0 6.6 16.0 11.7 8.4 3.3 19.6 1.0 73.6 2
Staff recommends that the City Council authorize execution of a CMAR Construction Contract with
Dean Construction, for development and construction of the Fire Station Park Expansion project.
This project is being funded by City PARD Dedication Fees Fund and private funds provided by NSA
as shown in the following table. NSA will make an initial payment in the amount of $530,000.00 to the
City upon execution of the funding agreement between the City and NSA. NSA shall make three
future payments of $50,000.00 each to the City as outlined below.
Fund Sources Available Date Amount
PARD Dedication Fees Fund CFW Available Now $1,000,000.00
Private Funds NSA Available Now $530,000.00
Private Funds NSA Prior to June 30, 2022 $50,000.00
Private Funds NSA Prior to June 30, 2023 $50,000.00
Private Funds NSA Prior to June 30, 2024 $50,000.00
PARTNERSHIP FUNDING $1,680,000.00
Funding for this project was not included in the Fiscal Years 2022-2026 Capital Improvement Program
(CIP) due to unrealized private funding at the time of CIP submission. The action in this M&C will
amend the FY2022-2026 CIP.
Approval of Recommendation No. 4 would adjust appropriations between a programmable project and
convert the Fire Station Park Expansion project in a static capital project. This action is needed as
future funding for the Fire Station Park Expansion project is anticipated from other funding sources
and the scope of this project differs from that of the current programmable project.
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Schedule – Pre-Construction services will commence upon award of this contract and issuance of a
Notice to Proceed. Construction services for Fire Station Park Expansion project will begin April
2022, with completion of the skate park by October 2022 and the completion of the remaining park
improvements by February 2023.
The Fire Station Park Expansion project is estimated to increase the department’s annual
maintenance by $25,402.00 beginning in FY2023. As of January 31, 2021, the cumulative total of all
previously approved M&C’s increased the department’s estimated annual maintenance by
$557,948.00 beginning in FY2023.
Fees – Because this work will be performed by a City contractor, occur on City property and be
owned by the City, general construction permit fees are waived and Building Permit Fees are waived
in accordance with the City' s Code of Ordinances, Chapter 7, Article I, Section 7-1 Building
Administrative Code, Section 109.2.1, Building Permit Fees, Exception 2.
Business Equity Goal – Dean Construction is in compliance with the City's Business Equity
Ordinance by committing to 20\% Business Equity participation on this project. The City's Business
Equity goal on this CMAR project is 20\%.
Fire Station Park is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
agreements and adoption of the attached appropriation ordinances, funds will be deposited into the
General Capital Projects Fund and available in the PARD Dedication Fees Fund, as appropriated.
The Park & Recreation Department (and Financial Management Services) is responsible for the
collection and deposit of funds due to the City. Prior to any expense being incurred, the Park &
Recreation Department also has the responsibility to validate the availability of funds
TO
FROM
Submitted for City Manager's Office by:Valerie Washington (6192)
Originating Department Head:Richard Zavala (5704)
Additional Information Contact:David Creek (5744)
ATTACHMENTS
80FIRE STATION PARK IMPROVEMENTS CMAR funds availability.pdf (CFW Internal)
80FIRE STATION PARK IMPROVEMENTS CMAR Updated FID table.xlsx (CFW Internal)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30100_AO22(r2) (2)r.docx (Public)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30110_AO22(r3) (2)r.docx (Public)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30110_AO22(r4) (1)r.docx (Public)
ATTACHMENTS
80FIRE STATION PARK IMPROVEMENTS CMAR funds availability.pdf (CFW Internal)
80FIRE STATION PARK IMPROVEMENTS CMAR Updated FID table.xlsx (CFW Internal)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30100_AO22(r2) (2)r.docx (Public)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30110_AO22(r3) (2)r.docx (Public)
80FIRE_STATION_PARK_IMPROVEMENTS_CMAR_30110_AO22(r4) (1)r.docx (Public)
C2638 Fire Station Park Project Budget Summary.jpg (CFW Internal)
Dean Electric_CompMemo_C02638_2.16.22 GV.pdf (CFW Internal)
Form 1295.pdf (CFW Internal)
Location Map.pdf (Public)
CMAR – CFW Fire Station Park Expansion Project # C02638 Page 12 of 14
Agreement Form 01/19/22
ATTACHMENT A
Pre -Construction and Construction Services
Scope of Work
(City’s RFP)
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK (CMAR)
Preconstruction and Construction Phase Services for
Fire Station Park Improvements Project
City Project No. C02638
City of Fort Worth
Mattie Parker David Cooke
Mayor City Manager
Richard Zavala
Director, Park & Recreation Department
December 16, 2021
Page 2 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Table of Contents
Section 1. Definitions and Documents ..................................................................... 4
Section 2. Description of Project ............................................................................. 5
Section 3. Business Diversity .................................................................................. 6
Section 4. CMAR Services ....................................................................................... 8
Section 5. Procedural Requirements Request for Proposals .................................11
Section 6. Content of Proposal and Evaluation Criteria ......................................13
Section 7. Award and Execution of Contract .........................................................17
Section 8. Bonds and Insurance ………………………………………………… .....17
Section 9. Inspection and Construction Material Testing .....................................18
Section 10. Proposed Schedule .................................................................................18
Exhibits and Attachments:
Map 1 – Location Map
Map 2 – Site Overall Plan
Exhibit A– Proposal Transmittal Letter (and corporate verification of authority)
Exhibit B – Statement of Experience
Exhibit C – Proposed Project Key Personnel
Exhibit D – Exceptions to Agreement (see Attachment 2)
Exhibit E – Conflict of Interest Questionnaire
Exhibit F – Client Reference Form
Exhibit G – Bond Forms
Exhibit H – Safety History Table
Exhibit I – Construction Budget and Fee Proposals
Exhibit J – Evaluation Criteria
Exhibit K – Prevailing Wage Rates
Attachment 1 – General Conditions for CMAR Project
Attachment 2 – Draft Construction Manager at Risk Agreement
Attachment 3 – Business Equity Goal
Attachment 4 – Prequalification Resources
Page 3 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
The City of Fort Worth, Texas desires to select a Construction Manager-at-Risk (CMAR)
contractor to provide CMAR services in connection with the final design and construction
of the Fire Station Park Improvements project. The selection will be a one -step process in
accordance with Texas Government Code Ch. 2269.251 et seq.
The City will be evaluating the proposers, in general, on: project delivery techniques,
approaches and relevant experience that results in the following value statements for the
project and City:
• Efficiency in overall delivery timeline (schedule).
• Increased and/or enhanced functionality resulting from phasing a nd
sequencing of project delivery to reduce impacts to homeowners and
business owners and improve public mobility during construction.
• Cost-savings and cost-avoidance (project construction change order /Field
Order reductions) identified during preconstruc tion phase - constructability
review of the design.
• Reduced risk resulting from early engagement of the Construction Manager
to optimize construction delivery in collaboration with the City’s contracted
Engineer .
CMAR or other enhanced project management experience is desired and will be recognized
in two ways:
1. Demonstrate d relevant CMAR experience of the Proposer;
2. Value -delivery techniques on non-CMAR projects that demonstrate results
and benefits to the project and Owner .
Page 4 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
SECTION 1: DEFINITIONS AND DOCUMENTS
A. Definitions: In this Request for Proposals capitalized terms (unless otherwise defined
herein or in the General Conditions ) shall mean:
Agreement means the writte n instru ment memorializing the understanding between Cit y
and CMAR regarding the prosecution of the Work’s Preconstruction Phase services and
Construction Phase Services .
City means the City of Fort Worth, Texas.
CMAR means Construction Manager-at-Risk, the entity or person with which the City
will contract to provide the construction manager -at-risk Preconstruction Phase Services
and Construction Phase Services for the Project.
Construction Budget means the amount of $1,50 0,000.00 , a s detailed on Exhibit I .
Construction Phase Services means the Construction services for the Project as more
fully described in this RFP and the Contract.
Construction Phase Fee (also CMAR Fee) means the fee sought by the Proposer for
fulfilling the general conditions (generally to include profit, general overhead and other
costs associated with supporting the Work).
Contract Documents means the entire contract consisting of the Agree ment, the Request
for Proposals, CMAR’s Proposal, the Construction Documents, and any exhibits thereto,
and other necessary documents as may be indicated by the City whether specifically
attached hereto or provided separately.
Engineer means Pacheco Koch Consulting Engineers, Inc ., with which the City has
contracted to design the Project.
Guaranteed Maximum Price (GMP) means the maximum cost to the City for CMAR
to construct the Project within the Project Budget and according to the Contract
Documents .
Owner means the City of Fort Worth, Texas.
Preconstruction Phase Services means the preconstruction phase services that the
CMAR must provide as more fully described in this RFP and the Contract.
Preconstruction Phase Services Fee (also CMAR Fee) means the entire cost to provide
the Preconstruction Phase Services including overhead, profit and all other expenses.
Project specifically means the construction of the Fire Station Park Improvements
Project.
Proposal means the Proposer’s written response to this RFP.
Page 5 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Proposer means a person, corporation, partnership, or other entity that submits a Proposal
in response to this RFP.
RFP means Owner’s request for proposals seeking responses from eligible Proposers
including , at a minimum, the Proposer’s proposed fees and prices for fulfilling any
general conditions or Work related to the Project.
Utilization Plan means a P roposer’s plan to address the diverse Business Equity Goal
(as defined in the Business Equity Ordinance) for use when bids or proposals are sought
from trade contractors or subcontractors for performance of all major elements of the
Work.
Work means all labor, materials, equipment, and services necessary to construct, erect,
install, equip, complete and commission the Project as provided in the Contract
Documents. Work shall not include Preconstruction Phase Services.
B. Documents: The Exhibits and Attachments listed above in the table of contents are
attached here to and are incorporated as part of this RFP .
SECTION 2: DESCRIPTION OF PROJECT
A. The Project consists of the construction of 2 skate parks, a market plaza, a dog park, an
event lawn, a pump track, sidewalks and street parking and landscaping at the 1.35 acres
Fire Station Park east of Fire Station Community Center located at 1601 LIPSCOMB ST.
There is a specific, grant-required delivery deadline for the stake park component of the
project.
B. The City’s Engineer is in the process of completing 95% design documents for the Project.
This effort includes topographic survey, geotechnical investigation, and preparation of
construction documents.
1. Design Phase Services is expected to be completed in January 2022.
2. Construction Phase Services are expected to start immediately after acceptance of
the GMP , with completion of the skate park by October 2022 and the completion
of the remaining park improvement by February 2023.
C. Project Team. The City has selected Pacheco Koch Consulting Engineers, Inc., as the
Engineer. The City’s team of employees who will work on this Project consists of Park
& Recreation Department personnel and other departments as needed.
D. CMAR Selection Method. The City is selecting the CMAR by a one -step RFP process,
as set forth in Section 2269.253 Tex. Gov’t Code.
E. Additional Professional Services . The City will contract separately for (1) inspection
services, (2) testing of materials, (3) any verification testing services necessary for
acceptance of the Project. The City reserves the right to retain other professionals and
consultants to assist it with Preconstruction Phase and Construction Phase services and
monitoring the Work.
F. Permissions/Rejections. The CMAR will not perform any phase of services until the
City provides the CMAR with written notice to proceed with that phase. The City may
Page 6 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
determine not to proceed with any and/or a portion of the Construction Phase Services,
at the City’s sole discretion.
G. The City reserves the right to reject any or all proposals.
SECTION 3: BUSINESS EQUITY PROVISIONS FOR CONSTRUCTION
MANAGER AT RISK (CMAR) SOLICITATION
Note: Capitalized terms used in this section not specifically defined herein are defined in the
Business Equity Ordinance.
A. All proposers shall note that the Business Equity Ordinance No. 25165-10-2021 (codified
in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any
relevant policy or guidance documents, was adopted to ensure the full and equitable
participation of certified Minority – and Women-owned business enterprises (M/WBEs),
(collectively, “Business Equity Firms”) in City contracts for the procurement of goods
and services where a contract’s total dollar value is greater than $100,000, as detailed
below.
The Business Equity Goal for Pre-Construction Phase Services is 0%.
The Business Equity Goal for Construction Phase Services is 20%.
B. Unless modified herein, Proposers shall follow the guidelines found in Attachment 3 -
Business Equity Goal. If a Proposer is certified as a Business Equity Firm, such Proposer
can count its self -performance services towards meeting the Business Equity Goa l(s) for
the assigned NAICS commodity codes on their MBE or WBE certification. If such
Proposer will not self-perform all of the work, it will be required to provide
subcontracting opportunities with certified Business Equity Firms to meet the stated
goal(s).
C. Proposers must obtain a listing of certified Business Equity Firms from the City of Fort
Worth’s Department of Diversity and Inclusion (DVIN). The request for listings form
can be found on the City’s website at
https://www.fortworthtexas.gov/departments/diversity-inclusion/business -equity , by
calling (817) 392-2674 or email DVIN_BEOffice@fortworthtexas.gov. The selected
CMAR acknowledges it will present Business Equity Firms currently certified by the
North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth
Minority Supplier Development Council (D /FW MSDC) and the Women’s Business
Council Southwest (WBCS) and accepted by the City of Fort Worth at the time the GMP
is submitted, in order for the participation to be counted towards the established goal(s).
The firms must be located in the Marketplace. Additionally, the City may recognize other
counties, like Collin, if within a 100-mile radius from City of Fort Worth, Texas City
Hall on a case-by-case basis when contractors located within those counties can prove
they have done business in the City of Fort Worth.
Page 7 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
D. Proposers shall submit with their proposals a preliminary Business Equity Utilization
Plan (“Plan”) to address how it will comply with the Business Equity Goal(s), if any,
when proposals/bids are sought from trade contractors or subcontractors for performance
of all major elements of the Work. At a minimum, the preliminary Plan must certify that
the Proposer will comply with the requirements of Subsection C of this Section and
present evidence of the Proposer’s past business diversity procur ement practices. The
preliminary Plan should also detail, to the extent possible, Proposer’s planned efforts to
comply with Subsection E. herein.
Failure to submit a preliminary Plan may render a Proposer non-responsive and
the Proposal may be rejected.
E. At the time the Guaranteed Maximum Price proposal is submitted to the City, it shall be
accompanied by the then-CMAR’s final Utilization Plan detailing efforts to comply with
the Business Equity Goal(s). The final Plan shall use the required documentation (see
Attachment 3) and include, at a minimum:
A detailed description of the work to be performed by each Business Equity Firm;
The expected sub-contract value or percentage of the GMP construction cost for each
phase of work identified for each Business Equity Firm participant;
The timing of the major elements of the work including approximate advertising
dates and provide the same identification information for all non- Business Equity
Firm participants
The Business Equity Firm company name, address, point of contact, email address,
office and fax telephone numbers of the subcontractors and suppliers and their
respective participation;
The tier level, i.e., 1st 2nd, 3rd, etc. (if other than 1st tier, the plan must clearly identify
the firm name and tier from whom the Business Equity Firm firm will be receiving
payment);
The Business Equity Firm percentage level of commitment achieved and/or a Good
Faith Efforts statement;
The CMAR shall communicate with, and report compliance to, the City’s Project Manager
and the DVIN during the Project including providing letter(s) of intent, purchase orders
and/or executed sub-contract agreements (after award by the CMAR) prior to the issuance
of the notice to proceed of each relevant phase of the Work.
F. Business Equity Firms must be certified at the time each of the Work’s major elements
are bid or proposals submitted, in order for the participation to be counted towards the
established goal.
G. Failure to comply with the Business Equity utilization commitments in the Plan may
subject the CMAR to sanctions as provided in the Ordinance outlined in Attachment 3.
For additional information contact the DVIN at (817) 392-2678 or send email to
DVIN_BEOffice@fortworthtexas.gov.
Page 8 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
SECTION 4: CMAR SERVICES
A. PRECONSTRUCTION PHASE SERVICES
The CMAR Preconstruction Phase services will be provided for a fixed cost identified in
the Proposal. The CMAR will provide the following Preconstruction Phase Services:
1. Provide a Project Manager, all Key Personnel and all other associated personnel
necessary to fully meet the CMAR obligations for the Preconstruction Phase
Services;
2. Consult with, advise and provide recommendations to the City and the Engineer on
all aspects of the design and proposed construction and drawings and specifications
and review prequalification of subcontractor requirements, if any;
3. Provide constructability review and consult on constructability issues of the 95%
design documents and final design review plans and specifications, including written
reports and recommendations on design packaging to advance construction, material
availability and independent quantity calculations to verify quantities provided by
Engineer;
4. Provide list of additional details needed on the design documents and final design
review plans that would be needed to complete the project in the allotted time or to
accelerate aspects of the work;
5. Provide input and assist Engineer in developing construction sequencing;
6. Ide ntify, evaluate and propose cost-effective alternatives;
7. Develop independent detailed construction cost estimates for the Project and Critical
Path Method schedules at the 95% and final design review milestones;
8. Provide monthly project planning and scheduling report (using critical path method)
to minimize the construction impact and prepare cash flow analyses for both the
design and construction phases;
9. Identify long-lead equipment procurement needs and submit a report to the City;
10. Identify and evaluate elements of the Project that may require less than 100% design
prior to commencing construction such as specific independent project elements,
utilities relocation, grading or site clearing ;
11. Identify and evaluate the division of the Work to facilitate bids and proposals for the
major elements of the Work;
12. Identify and evaluate methods to gain efficiency in Project delivery;
13. Provide a complete, detailed, written GMP proposal including list of bids received -
identifying the bidders, recommendations for the award of subcontracts to construct
the Project, line item cost breakdowns with conditions and assumptions and CMAR
Contingency;
14. Develop, implement and maintain a n emergency/site safety plan and a quality
management plan that assures conformance to every section of the specifications.
Develop a QA/QC program to ensure continuing attention to the production and
installation of error -free work;
15. 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;
Page 9 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
16. Incorporate the City’s standard specifications and provisions relating to quality,
safety, community, and environmental factors;
17. Schedule all Project construction related activities;
18. Identify Work which the Proposer intends to self -perform;
19. Identify which work, if any, should be procured through value -based competitive
selections in lieu of low bid;
20. Solicit and publicly procure trade contractors or subcontractors for all major elements
of the construction work and for materials estimated at greater than $50,000.00 for
the Project if necessary.
21. Provide monthly progress reports;
22. Participate in one Project kick off meeting for Preconstruction Phase Services;
23. Participate in up to 6 meetings or workshops with the Engineer, Owner or others as
needed;
24. Provide Insurance for the Pre -Construction and Construction Phase s as described in
Section 8.
25. Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as
described in Section 8.
B. CONSTRUCTION PHASE SERVICES
The CMAR Construction Phase services will be provided for a percentage fee of the Cost
of Work as identified in the Proposal. The CMAR will provide the following
Construction Phase Services:
1. Publicly procure subcontractors and material suppliers to perform the Work pursuant
to City prequalification requirements , if any ;
2. Review and monitor the final design and suggest equipment, materials and systems
for selection;
3. Review site safety/emergency response plan with subcontractors ;
4. If not done during Pre -Construction Phase, prepare the competitive procurement
solicitation packages for the elements of the Work, including applicable early work;
5. Participate in one Project kick off meeting for Construction Phase Services;
6. Performance and/or oversight of the construction of the Work in strict accordance
with all applicable Contract Documents;
7. Coordinate and manage the Work in accordance with the Contract Documents
including the Plans and Specifications and General Conditions within the Guaranteed
Maximum Price and within the contract time agreed upon by the CMAR and the City;
8. Coordinate with various local and state agencies, as necessary;
9. Procure necessary materials and equipment;
10. 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 Business Equity Firm goal(s). This effort includes
inspection of the Work performed by subcontractors to ensure conformance with the
Contract Documents ;
11. Monitor and maintain quality controls over shop drawings, equipment and materials,
implementation and the Work;
Page 10 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
12. 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;
13. Conduct a Pre -Construction Meeting with all the contractors, sub-contractors,
inspec tors, City staff and other entities performing major elements of the work prior
to the start of their work activities;
14. Obtain any necessary construction permits ;
15. Prepare traffic control plans;
16. Manage storm water runoff and dust;
17. Establish and implement pr ocedures to track, expedite and process all submittals,
Project change orders /Field Orders and requests for information;
18. Monitor the Critical Path Method schedule for the Project, monitor and update the
construction schedule monthly, prepare three weeks lo ok ahead work schedules
consistent with overall schedule;
19. Review and process all pay request applications from subcontractors using the City’s
standard specifications and provisions;
20. Conduct monthly progress meetings with the on-site trade foremen or
super intendents;
21. Attend bi-weekly (every two weeks) meetings with City Staff, inspectors, and other
entities and provide written monthly progress report and updated schedule;
22. Maintain current hard copies of as -built drawings, including all subcontracted work,
and submit in hard copy, PDF and electronic format specified by the Engineer
monthly;
23. Expedite and coordinate delivery and installation of Owner procured material and
equipment, as applicable;
24. Maintain strict enforcement of Owner’s or other applicable preva iling wage
requirements;
25. Update and revise the Operation and Maintenance Manual developed by the Engineer
as necessary;
26. Supervise and manage product warranties, if any, issued for materials or equipment
and related installation, and provide same to the City upon Final Acceptance of the
Project, or at a date negotiated by the Parties; and
27. Receive any specific warranty/guaranty documents from contractors or
subcontractors and provide same to Owner upon Final Acceptance of the Project, or
at a date negotiated by the Parties;
28. Conduct a final walk-through with the Park & Recreation Department,
Transportation & Public Works Department, a nd Engineer at the completion of
construction and 20 months after Final A cceptance regarding the two-year warranty;
29. Implement close out procedures necessary for the City to accept the Project as being
finally complete; provide lien waivers and affidavits of bills paid from all
subcontractors and material suppliers;
30. Complete all Construction Phase Services and Work no later than the end date of the
Project Time established as part of Article 6 – Project Time and Liquidated Damages,
of the negotiated CMAR Agreement (Attachment 2 – CMAR Agreement).
31. Prepare a final report on all construction costs.
Page 11 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
C. SELF PERFORM ANCE REQUIREMENTS
In accordance with Texas law, the CMAR may seek to self -perform work if the CMAR
submits a bid or proposal in the same manner as all other trade subcontractors or suppliers
and the City determines that the CMAR’s low bid or proposal provide s the best value for
the submitted work. The CMAR must still meet the Business Equity goal even if self -
performing some or all of the Construction Phase Services.
SECTION 5: PROCEDURAL ITEMS
A. RESERVATION OF RIGHTS
1. The City may reject any or all Proposals and/or waive minor deviations and/or
irregularities therein and evaluate proposals .
2. The City reserves the right to cancel this project for any reason at any time during the
proposal evaluation process without incurring any obligations or liabilities.
3. The City reserves the right to modify the CMAR procurement schedule.
B. SUBMISSION OF PROPOSALS
1. Proposal: Each Proposal should be prepared simply and provide a straightforward
and concise description of the Proposer’s ability to perform, as a CMAR, the required
Preconstruction Phase Services and Construction Phase Services as described in this
RFP and the Agreement as per the General Conditions . Emphasis should be on
completeness, clarity of content, responsiveness to the requirements and an
understa nding of the City’s needs. Vague or misleading statements will be viewed
unfavorably.
2. Modifications to Submissions: No modifications to materials that have been
submitted to the City are allowed unless Proposer withdraws its entire response .
Resubmittal is acceptable up to the time specified for submittal of proposals.
3. Disclosure of Proprietary Information: All materials submitted to the City become
public property and are subject to the Texas Public Information Act upon receipt. If
the Proposer does not desire submitted information that it considers to be proprietary
to be disclosed, each page must be identified and marked proprietary at the time of
submittal. The City will, but only to the extent allowed by law, endeavor to protect
such information from disclosure. Failure to identify proprietary information will
result in all unmarked sections being deemed non-proprietary and available upon
public request. City will notify any and all Proposers if a Public Information Act
request is received to allow a Proposer to prepare its own response to protect its
proprietary material beyond that which the City is allowed. Entire Proposals marked
as proprietary will not be provided any special care under a PIA request.
4. Costs of Preparing Proposal: All costs of preparing the Proposal shall be the sole
responsibility of the person or entity submitting the information.
Page 12 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
5. Pre -Proposal Conference: A Pre-Proposal Conference will be held at 2:00 p.m. on
Thursday, January 06 , 2022 . The conference will be held at Fire Station Park
Community Center at 1601 Lipscomb St., Fort Worth 76104. The presentation given
at the conference and any questions and answers provided at the conference will be
issued as an Addendum to the bid. All interested proposers are strongly encouraged
to participate in this conference.
6. Further Information and Questions: Information requests and questions must be
submitted in writing by email and received by the City Project Manager no later than
Wednesday, January 12, 2022 at 5:00 pm. Responses to all requests and questions
will be emailed to all known interested parties and posted to the City of Fort Worth
Purchasing Division website at http: www.fortworthgov.org/purchasing by end of
day, Thursday, January 13, 2022.
Please email all information requests and questions regarding this RFP, with “Fire
Station Park Improvements Project CMAR RFP” noted in the email Subject Line ,
to:
Jing Yang, Project Manager
Park & Recreation Department
Fort Worth, Texas
Jing.yang@fortworthtexas.gov
7. Anti-Lobbying. Proposers submitting Proposals and any interested subcontractors
are prohibited from directly or indirectly communicating with , including but not
limited to contact by email, phone or in person, any City of Fort Worth representative
regarding this RFP, except as provided herein for requests for further information.
8. Submission of Proposal: The proposal shall be limited to 25 pages. Proposals must
be printed on letter-sized (8.5 inch by 11 inch) paper. Sheets as large as 11 inches by
17 inches may be used for graphics and will be counted as two pages. Sections should
be divided by tabs for ease of reference.
The 25-page maximum does not include a one -page cover letter and the required fee
proposal form. The Proposal shall use 10 pt. font or larger for the text. Resumes of
Key Personnel may be included in an appendix if desired, not to exceed an additional
15 pages. Each copy of the Proposal must be bound to ensure that pages are not lost.
One (1) original, one (1) electronic (PDF format or equivalent). An original signature
must appear on the cover letter. Please mark the document with the original signature
as “ORIGINAL”.
9. Receipt of All Proposals: Proposals shall be s ealed in an envelope or container
marked on the outside with the Pr oposer’s name and address and:
Fire Station Park Improvements Project
CMAR RFP
City Project Number C02638
Park & Recreation Department
Facsimile submittals will not be accepted. Proposals may be mailed or delivered to:
Page 13 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
City of Fort Worth Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
All sealed proposals must be received by the City no later than 1:30 pm on
Thursday, January 20, 2022 . All proposals will be publicly opened and the names
of the Proposers and the submitted fees and prices for the Project will be read aloud
at 2:00 pm the same day in the City Council Chambers. Proposals received after
the date and time specified herein wil l be returned unopened.
10. Conflict of Interest Questionnaire. Each Proposer must complete and submit
directly to the City Secretary’s Office, an original Conflict of Interest Questionnaire.
If a Proposer already has a Conflict of Interest Questionnaire on file with the City
Secretary’s Office, a Proposer may so certify to that fact. See Exhibit E.
11. Financial Statement. Proposers should provide one copy of an audited financial
statement from the current or previous year or, if the Proposer does not have audited
financial statements, the previous year and current year-to-date financial statements.
The single financial statement should be submitted with the original proposal, and
may be provided in a separate sealed envelope and does not affect the page count.
SECTION 6: CONTENT OF PROPOSAL AND EVALUATION CRITERIA
Proposers shall submit complete responses to all requirements described in this RFP.
Although concise submittals are preferred, proposals must be sufficiently detailed to
demonstrate that the Proposer can successfully deliver the CMAR scope of services. All
items in all tabs shall be included in each copy of the Proposal. Proposals containing
incomplete information will be rejected.
A. The Proposal must contain the following information in the following order:
1. Cover Letter (Pass/Fail) Not included in page count
The Proposer’s one -page cover letter should clearly state that the Proposal is valid
for 90 days from January 20 , 2022 and should be signed by an individual with
authority to commit the Proposer to the Project. The 90-day period applies to the
Exhibit I.
2. Forms and Certifications (Pass/Fail) Not included in page count
The Forms and Certifications in Exhibits A – K are attached for use in documenting
compliance with the City’s procurement process, Business Equity Firm requirements
and for use in preparing the Proposer’s Price Proposal.
3. Proposer’s Corporate Experience and Financial Stability (10 point maximum,
not to exceed 3 pages) Included in page count
Page 14 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
The Proposer shall provide information in a tabular format, for roadway construction
projects of similar size, and scope, including project durations for projects completed
or currently in progress for all owners within the past ten years. The proposer sha ll
demonstrate a history of completing projects on time.
Proposer shall identify and present a detailed summary on up to five projects that best
represent the Proposer’s relevant, demonstrated experience and services requested
for the Project. The total number of projects presented shall not be less than three .
The Proposer shall identify its experience in the performance of CMAR Pre -
Construction Services which will be required on this project, specifically (1) working
with design engineers in the preparation of construction documents, (2)
constructability reviews based on engineering drawings and site visits, (3) preparing
cost estimates on partially completed construction documents, (4) project scheduling,
and (5) developing a GMP. The proposer should explain the benefits of their
experience in terms of value for the P roject.
The Proposer shall identify the major work elements/trades of a typical project
and identify if the Proposer intends to self-perform such elements/trades and
provide examples of thos e elements/trades which it normally s elf-performs. The
listing of major work elements/trades should, at a minimum, include those listed
under Section 2 Description of Project above .
4. Pricing of CMAR Services (10 points maximum, not to exceed 2 pages)
Included in page count
Provide the Preconstruction Phase Cost (expressed in dollars) and Construction
Phase Fee (expressed as a percentage of cost of work) on Exhibit I – Construction
Budget and Fee Proposal.
Provide any proposed incentives for delivery.
5. CMAR Qualifications and Experience of Key Personnel (relevant Non-CMAR
construction experience acceptable ) (20 points maximum, Not to Exceed 6
pages) Included in page count
Overall qualifications of the Proposer’s Key Personnel to perform the required
Preconstruction Phase Services and Construction Phase Services shall be provided.
Additional information to be provided on Key Personnel should include roles and
major responsibilities and their experience with CMAR or non-CMAR project
delivery including value engineering, constructability reviews and public
procurement of subcontractors and other general preconstruction services
(Preconstruction Phase ) and general construction or construction management
experience (Construction Phase Services).
Include a statement that proposed Key Personnel will be dedicated and available for
the performance of the Project. Also, state the amount of time on a percentage basis
each Key Personnel will spend during the Preconstruction Phase and Construction
Page 15 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Phase Services. Proposer shall indicate where Key Personnel have worked together
on prior projects.
Proposer shall provide an organizational chart showing all Key Personnel and other
personnel (either by name or job category) for both Preconstruction Phase and
Construction Phase Services.
The Proposer will provide a client reference for three of the projects listed in Item 3
using Exhibit F.
6. Project Approach (55 points maximum, not to exceed 14 pages) Included in
page count
Preconstruction Services – 10 points maximum
Describe the approach to the successful completion of the Preconstruction Phase
Services. Discuss the potential benefits from these activities to the overall Project.
Use examples from prior efforts to prove benefits. Identify any specialized skills or
special consideration that Proposer will be able to provide.
Construction Approach – 15 points maximum
Describe the approach to the successful completion of the Construction Phase
Services and identify any specialized skills or special cons iderations that Proposer
will be able to provide. Use specific examples.
Describe in detail how Proposer will coordinate CMAR tasks with that of
subcontractors tasks, the Owner, Engineer, other governmental entities and
professional services that may be involved in the Project (inspection, materials
testing, etc.) and phase critical elements of the project such as timely delivery of the
skate park portion vis-a-vis the remainder of the improvements.
QA/QC and Safety Plan (5 points maximum)
Describe in detail in no more than 3 pages how you will develop and implement your
quality assurance/quality control and site safety plans to achieve a successful project.
Cost and Schedule Control (25 points maximum)
Describe in detail in no more than 3 pages, how Proposer will manage and control
costs and schedule. Discuss change management process and how Owner initiated
requests will be addressed.
7. Compliance with the Business Equity Ordinance (5 point maximum, Not to
exceed 1 page) Included in page count
Proposer shall acknowledge and commit to meeting the overall diverse Business
Equity goal and present its preliminary Utilization Plan (as defined above in Section
3.D.). Failure to submit a preliminary Utilization Plan may render a Proposer
non-res ponsive and the Proposal may be rejected.
B. Review of Proposals and Release of Information
Page 16 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
The City will convene a team to apply the Evaluation Criteria set forth in this RFP and
to rank the qualified Proposers with the goal to select the Proposer that offers the best
value under the evaluation criteria.
Within seven days after the City Council authorizes execution of the CMAR contract,
the City will document the basis of its selection and make the evaluations public.
C. Guaranteed Maximum Price
1. The GMP will be established during the Preconstruction Phase Services and will be
acknowledged as an amendment to the CMAR Agreement. The CMAR assumes the
risk of completing the Work for the stated GMP and within the allotted Contract time.
Cost sharing arrangements are more fully described in the Contract. Adherance to the
GMP, as may be amended by the parties, shall be the responsibility of CMAR. Cost
overruns shall be borne by the CMAR.
2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended)
of the Texas Government Code. This statute, among other things, requires all
contractors and subcontractors performing public works contracts for a municipality
to:
i. pay the prevailing wage rate as determined by the municipality;
ii. keep records of the name and occupation of each worker, laborer and mechanic
employed by them to work on the Project and the actual per diem wages paid to
each; and
iii. forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or
mechanic who is not paid the stipulated wage for the type of work performed by
him as required by the Labor Classification and Minimum Wage Scale. The City
is authorized to withhold the penalty amount from the CMAR’s payment, as
provided in the statute .
iv. The prevailing wage for this Project will be included in the GMP calculation and
will be established at the time the bids/proposals are requested for the major
elements of the Work.
SECTION 7: AWARD AND EXECUTION OF CONTRACT
After evaluation and ranking, Staff will attempt to negotiate a contract with the top ranked
Proposer . If negotiations fail, the City will end the negotiations in writing and commence
negotiations with the next-highest ranked Proposer, and so on, until a contract is negotiated
or all candidates are rejected.
Staff will negotiate only those items listed as Exceptions to Agreement - Exhibit D , and any
cost sharing proposals submitted on Exhibit I. Excessive contract exceptions will be viewed
unfavorably.
The initial notice to proceed w ill be for the Preconstruction Phase Services. The City may
elect to not proceed with the Construction Phase Services, at the City’s sole and exclusive
discretion.
Page 17 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
As provided in the Agreement, the City may terminate the contract after the Preconstructio n
Phase if a GMP cannot be negotiated and during the Construction Phase with or without
cause.
To comply with Article 11, Sec. 5 of the Texas Constitution, the City will include the
following provision in the Contract:
“Notwithstanding any other provisions of this Contract, if this Contract provides for the City
to make payments to the CMAR in any fiscal year following the City’s fiscal year in which
this Contract begins and the City’s City Council fails to appropriate funds to make the
payments, then this Contract automatically terminates at the beginning of the first day of the
successive fiscal year for which funds were not appropriated, and the City shall not be
obligated to make or have any liability to the CMAR for the payments.”
SECTION 8: BONDS AND INSURANCE REQUIREMENTS
Performance and Payment Bonds. If a fixed contract amount or guaranteed maximum price
has not been determined at the time the contract is awarded, the penal sums of the
performance and payment bonds delivered to the governmental entity must each be in an
amount equal to the estimated Construction Budget, as specified in this RFP and on a form
acceptable to the City. The CMAR shall deliver the bonds not later than the 10th day after
the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other
financial security acceptable to the City to ensure that the CMAR will furnish the required
performance and payment bonds when a guaranteed maximum price is established.
If any Maintenance Bonds are required, said bonds shall be provided or procured by the
CMAR and shall be in the name of and in favor of the City. All payment, performance and
maintenance bonds issued with respect to this section shall be provided by a surety
authorized to do business in the State of Texas and in accordance with Texas Gov’t Code
2253.
The City’s bond forms are provided in Exhibit G.
Insurance. Please refer to Attachment 1 General Conditions for CMAR Project at Article 5,
Section 5.03-5.05 for detailed insurance values, limits and descriptions.
SECTION 9: INSPECTION AND CONSTRUCTION MATERIAL TESTING
The City will provide or contract for, independently of the CMAR’s services, inspection
services, testing of construction materials, engineering, and the verification testing services
necessary for acceptance of the Work. The selected Proposer will be required to coordinate
these services.
SECTION 10: PROPOSED SCHEDULE
Publication of Request for Proposals (1 st) December 16, 2021
Publication of Request for Proposals (2 nd) December 23, 2021
Pre -proposal Conference (2:00 PM) January 06, 2022
Deadline for Comments (5:00 PM) January 12, 2022
Addendum Posted (5:00 PM) January 13, 2022
RFP Submittals Due : 1:30 PM January 20, 2022
Page 18 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Opened and Read Aloud: 2:00 PM January 20, 2022
Evaluation of Proposals January 2022
Notice to Selected CMAR February 202 2
Contract Negotiations February 202 2
CMAR Contract Award (M&C) March 2022
Notice to Proceed (Preconstruction Phase) March 2022
Preconstruction Phase Services and
GMP Negotiation March - April 2022
Construction Phase Services April 2022 - Febuary 2023
Page 19 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Map 1 – Location Map
Fire Station Park
1601 LIPSCOMB ST
Fire Station Park is a 3-acre community park located in central Fort Worth,
Approximately .6 miles west of I-35 and approximately .5 miles south of West Rosedale Street.
This project scope only includes the 1.35-acre vacant area east of Fire Station Community Center.
Project Area
Page 20 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
M ap 2 – Site Overall Plan
Attachments A-F have been removed. Refer to the original RFP to see these forms.
Page 36 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Exhibit G – Bond Forms
Pre -Construction Phase Services:
For Pre-Construction Phase Services, no bonds are required.
Construction Phase Services:
Construction Phase Bonds shall be the City’s standard form performance, payment and
maintenance bonds .
Page 37 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Page 38 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
.
Page 39 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Page 40 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Exhibit H – Safety History Table
2018 2019 2020
A
Total Number of Field Man-Hours
B
Number of Recordable Incidents with no lost time accidents
C
Number of Recordable Incidents with lost time accidents
D
Total Recordable Incident Rate (TRIR)
(B+C) x (200,000) I A
E
Number of Fatalities
F
Published Experience Modification Rate (EMR)
Provide documentation to support the above Experience Modification Rate information.
Either of the following methods are acceptable:
• Letter from insurance agent, insurance carrier, or appropriate government agency
(on their letterhead) verifying the modification rate.
• Copies of the Experience Rating Calculation Sheets for each of the above years
that your insurance carrier forwards to you annually.
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide
OSHA 300 logs for each of the past three years.
Page 41 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Exhibit I – Construction Budget and Fee Proposals
Construction Budget
The City’s Construction Budget $1,5 0 0,000.00
(include s $100,000 A llowance to be included in GMP)
CMAR Fee Proposal
Pre -Construction Phase Cost (Paid from other Project funds):
Minimum Amount (required) $3 ,5 00
Additional Amount (if any , cannot be negative) $
Total Pre -Construction Phase Cost $
Construction Phase Fee:
(expressed as a percentage of cost of Work; will be
incorporated into GMP )
%
Additional Shared Savings Proposed (if any)
(refer to Attachment 2, Agreement, Articles 2.D and 2.E)
Note: Only the Total Pre -Construction Phase Cost and Construction Phase Fee
percentage will be read publicly at the time the RFP is opened.
Page 42 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Exhibit J - Evaluation Criteria
Evaluation Criteria Weighted
Value
1. Cover Letter Pass/Fail
2. Forms and Certifications Pass/Fail
3. Proposer’s Corporate Experience and Financial Stability:
related CMAR and non-CMAR project delivery experience,
including safety record, self-performance capabilities, financial
qualifications, corporate history of litigation and the forms of
dispute, and history of completing projects on time. The Firm can
demonstrate relevant and recognized project delivery experience
through using various project delivery techniques and best practices.
The Firm explains the benefits of that experience in terms of value
for the City’s project and provides a current Company Financial
Statement.
Maximum 10
points
4. Pricing of CMAR services (Pre andConstruction Services Costs
and Fees)
Maximum 10
points
5. CMAR Qualifications and Experience of Key Personnel
(RELEVANT Non-CMAR experience acceptable): Demonstrated
results and success with of projects of similar size and scope (CMAR
and Non-CMAR Experience): Proposer’s relevant experience in
project delivery including: value engineering, constructability
reviews, value analysis and best practices in construction delivery
methods (design/bid/build, construction management at risk and
design-build) and associated Pre -Construction Services. The team’s
value proposition is clearly communicated through experience,
results and assigned roles and responsibilities.
CMAR and non-CMAR experience is recognized when the team can
demonstrate experience in various delivery techniques and, explain
the benefits of that experience in terms of value for the City’s
project.
Include Client References for Similar Work Performed and Proposed
Proje ct Team’s Capacity, experience and workload
Maximum 20
points
Page 43 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Evaluation Criteria Weighted
Value
6. Project Approach
Construction Approach: Team’s approach to quality
assurance/quality control during construction, approach to dealing
with Project Change Orders/Field Orders, dealing with delivery
impacts (i.e. adverse weather, operational issues, etc.), working with
stakeholder and customer communities, and achieving project close -
out to meet or exceed construction timeline.
Pre -Construction Services: Team’s approach to performing pre -
construction phase services, integration with the Owner’s design
firm, controlling schedule and budget to meet GMP and meet or
exceed delivery timeline.
Maximum 15
points
Maximum 10
points
QA/QC and Safety Plan: Demonstrated development and
implementation of Quality Assurance/Quality Control and Safety
Plans to achieve successful projects.
Cost and Schedule Control: Managed and controlled costs and
schedules with a change management process. Addressed Owner-
initiated requests
Maximum 5
points
Maximum 25
points
7. Compliance with the Business Equity Ordinance: Acknowledge
and commit to meeting the overall diverse Business Equity Goal and
present its preliminary Utilization Plan
Maximum 5
points
Proposer’s responsiveness to Request for Proposal Yes/No
Page 44 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Exhibit K – Prevailing Wage Rates
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION Wage Rate
AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer (Miscellaneous) $ 13.00
Metal Installer Helper (Miscellaneous) $ 11.00
Metal Stud Framer $ 16.12
Metal Stud Framer Helper $ 12.54
Painter $ 16.44
Painter Helper $ 9.98
Pipefitter $ 21.22
Pipefitter Helper $ 15.39
Plasterer $ 16.17
Plasterer Helper $ 12.85
Plumber $ 21.98
Plumber Helper $ 15.85
Reinforcing Steel Setter $ 12.87
Page 45 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00
The prevailing wage rates shown for Commercial construction projects were based on a
salary survey conducted and published by the North Texas Construction Industry (Fall
2012) independently compiled by the Lane Gorman Trubitt, PLLC Construction Group.
The descriptions for the classifications listed are provided on the TEXO's (The
Construction Association) website: www.texoassociation.org/Chapter/wagerates.asp
Page 46 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Attachment 1 – General Conditions for CMAR Project
General Conditions for CMAR Project can be found inside Fire Station Park
Improvements Project CMAR RFP bid package for downloading in following Bim 360
link:
https://docs.b360.autodesk.com/shares/ec595145-bdf7-465d-ac6a-3d11007646ba
Page 47 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Attachment 2 –Construction Manager at Risk Agreement
Construction Manager at Risk Agreement can be found inside Fire Station Park
Improvements Project CMAR RFP bid package for downloading in following Bim 360
link:
https://docs.b360.autodesk.com/shares/ec595145-bdf7-465d-ac6a-3d11007646ba
Page 48 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Attachment 3 – Business Diversity
Business Equity Goal
APPLICATION OF POLICY
If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is
applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs).
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business
Equity Firms when applicable, in the procurement of all goods and services. All requirements
and regulations stated in the City’s Business Equity Ordinanc e No.25165-10-2021, (replacing
Ordinance No. 24534-11-2020 (codified at:
https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to this bid.
BUSINESS EQUITY PROJECT GOAL
The City's Business Equity goal(s) on this project is as stated in Section 3. A. to this RFP.
METHODS TO COMPLY WITH THE GOAL
On CMAR projects where a Business Equity Goal is applied, offerors are required to comply with
the City's Business Equity Ordinance by meeting or exceeding the above stated goal(s) or
otherwise complying with the ordinance through one of the following methods: 1. Commercially
useful services performed by a Business Equity prime contractor, including the CMAR, 2.
Business Equity subcontracting participation, 3. Combination of Business Equity prime
services and Business Equity subcontracting participation, 4. Business Equity Joint
Venture/Mentor-Protégé participation, 5. Good Faith Effort documentation, or 6. Prime
contractor Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
Applicable documents (listed below) must be submitte d by the CMAR with CMAR providing
notice of compliance to the assigned City of Fort Worth Project Manager or Department Designee.
Documents are to be received no later than 2:00 p.m., on the third City business day after
the bid/proposals opening date, exclusive of the bid/proposals opening date. CMAR shall
prov ide notice of compliance by the close of business that same day.
The CMAR, as part of establishing the GMP, must submit one or more of the following documents:
1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded;
2. Good Faith Effort Form and Utilization Form, including supporting documentation, if
participation is less than stated goal, or no Business Equity participation is accomplished;
3. Prime Contractor Waiver Form, including supporting documentation, if the CMAR will
self -perform all subcontracting/supplier opportunities; or
4. Joint Venture/Mentor-Protégé Form, if goal is met or exceeded with a Joint Venture or
Mentor -Protégé participation.
These forms can be found at:
Business Equity Utilization Form and Letter of Inte nt
Page 49 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Utilization%
20Form.pdf
Letter of Intent
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/NEW Business Equity
Ordinance/Letter of Intent-2021.pdf
Business Equity Good Faith Effort Form
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Good%20Fai
th%20Effort%20Form.pdf
Business Equity Prime Contractor Waiver Form
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Prime%20Co
ntractor%20Waiver.pdf
Business Equity Joint Venture Form
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Joint%20Ven
ture.pdf
FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE
ORIDNINACE WILL RESULT IN THE CMAR BEING REJECTED. A CMAR MAY
RESUBMIT DOCUMENTATION IN ORDER TO ACHIEVE A GMP IN COMPLIANCE
WITH THE ORDINANCE.
FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR
OTHERWISE COMPLY WITH THE ORDINANCE MAY SUBJECT THE CMAR TO
SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE.
FOR QUESTIONS, PLEASE CONTACT THE BUSINESS EQUITY DIVISION OF THE
DEPARTMENT OF DIVERSITY AND INCLUSION AT (817) 392-2674.
Page 50 of 50 City of Fort Worth – Fire Station Park Improvements Project
CMAR RFP – Project #C02638
Attachment 4 – Prequalification
1.1. All contractors and subcontractors for major elements of the Work are required to be prequalified
for the work types requiring prequalification as indicated below. CMAR shall not submit a
proposed GMP containing bids from contractors or subcontractors who are not prequalified if so
required. Prequalification requirement work types and documentation are available by accessing
BIM 360 project folder or the City’s website
at: https://apps.fortworthtexas.gov/ProjectResources/ .
1.1.1. Paving – Requirements document located at:
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20-
%20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving%20Con
tractor%20Prequalification%20Program/PREQUALIFICATION%20REQUIREMENTS%
20FOR%20PAVING%20CONTRACTORS.pdf
1.1.2. Roadway and Pedestrian Lighting – Requirements document located at:
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20-
%20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadway%20a
nd%20Pedestrian%20Lighting%20Prequalification%20Program/STREET%20LIGHT%20
PREQUAL%20REQMNTS.pdf
1.1.3. Water and Sanitary Sewer – Requirements document located at:
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20-
%20Construction%20Documents/Contractor%20Prequalification/Water%20and%20Sanitar
y%20Sewer%20Contractor%20Prequalification%20Program/WSS%20prequal%20require
ments.pdf
1.1.4. Skate Park & Pump Track Construction Prequalification :
CMAR Proposer or specialty sub-contractor who is responsible for the construction of skate
park & pump track MUST HAVE prior specialty skate park and/or pump track construction
experience. This qualification is required for specialty skate park and/or pump track items
only. CMAR shall submit to City the prequalification status of skate park & pump track
builder prior to the award of CMAR contract.
1.2. CMAR shall, with submittal of the GMP Proposal, submit to City the prequalification status of
all relevant contractors or subcontractors.
CMAR – CFW Fire Station Park Expansion Project # C02638 Page 13 of 14
Agreement Form 01/19/22
ATTACHMENT B
CMAR’s Written Proposal
(Response to RFP)
Request for Proposal
Construction Manager at Risk
Fire Station Park Improvements
City of Fort Worth
City Project No. CO2638
O
Dean Construction
701 Hall St.
Cedar Hill, TX 75104
Phone: 972-291-7153
Fax: 972-291-7172
Email: �re�@dean-construction.com
�
aean
CONST/7UCT/ON
�
Table of Contents
1. Cover Letter
2. Forms & Certifications
3. Proposer's Corporate Experience
4. Pricing of CMAR Services
5. CMAR Qualifications and Experience of Key Personal
6. Project Approach
7. Compliance with the BDEO
8. Special Considerations
�
aean
CONST� N
January 20, 2022
Letter of Interest for Fire Sfation Park Improvements
City of Fort Worth
Attention of: Purchasing Division
200 Texas St
Fort Worth, Texas 76102
We are pleased to be considered as the Construction Manager at Risk for North Park
Improvements. The following proposal is for your consideration and we believe you will
find Dean Electric Inc. dba Dean Construction meets and exceeds your criteria for
selection.
The Proposal set forth shall remain effective for a period of 90 calendar days from
opening.
We are looking forward to the opportunity to work with the City of Fort Worth.
Sincerely,
�
�`� 'm� ��' l:
Greg Firebaugh
CEO/President
i, .. -. .. . .. ._ , .. riF!��'-�
..:... �.. . f�'.Ma�..���;��'�`�'.�1 :"..,.i.�1�.�� ��I�a?!xG�431.�-'*.i"+!�µ��
•��
� �
��nl��sTrdu�'i�Li�!
Dean Eiectric. Inc. dba Dean Construction
701 Hall Street, Cedar Hill, Texas 75104
Phona. 972-291-7153 Fax� 972-291-7172
MINUTES OF A SPECIAL. MEEi1NG OF
THE BOARD OF DiRECTORS OF
DEAN ELECTRIC, INC.
A special meei ng of the Board of Directors of Dean Electri� Inc a Texas corporation r,�rs h�ld
at th� principal ofii�e oi the Corpora!ion iocated at C�d3r Hill, Texas on November 1, 2015.
All of the D recto�s of tne Corporation rvere present at ih� meeting constitut�ng ? quorum
Greg �'irebaugh, l'n? Pres�d�n►. of the CorporaEion, presid�d at ti�Q nieet+ng as Chairman and
Kirs!en George, Secre;�ry o� the Corooration. a�te� as S2cretary of {�� meeting a�d recoro�d tne
minutes
The Cha rman brought up tn2 matcer of J�P� Dean, Chief FinGncial Of; cer and 8aroara �ean
SBCf�i�f�/ ar�d Tf'.aSU(�( Oi tn2 Corpora?ion submitring letters Oi f2Sfgf13ti0f1 1Ni18�2�5 85 a f@SUii Of ,12ii
Dean an� Baroa a Dear s�om ti na tneir l�iters �f resignaEion i��� Board o� Dirzc�ors n�2J to ele��. na�;!
oFicer� o� tne Corpor�t!on. AE;�r d'�sc�usion and upon motion duly mad� and s=_cond�J u wa�
unanimously
RESOlVrD that tne foll��ving psr;on ara el2cted to F tnz folto,ving o`czr posi��on;
p�OVlp�� for oy i�2 Corporation�5 �/18"13 c(I� �O S�t�l2 i tn� n�xt annua� maet!na o� Ifl�
dlfcC[of5 Oi Uflil� {f1Cl; 5�3CC8550f� al� QIe�IZJ 8�i:1 yU8 ' ��
GREG FIREBAUGH Pres�d�n�. and Cn:e"r Exe�ut�v2 Or�ce�
KtRSTEN GEORGE Corpar�t� Sscretary
TNEREFpRE BE IT RESOLVED �na� ine na;v � ���cied ���i�Frs �r�
H8r2b/� �.:�lo{Izc� anJ Clircci?d t0 d� 8n`; an� G': til 'iC�� ��'CZSs3��/
To e7e�tu�:e tn� foraoo'na r�soiu: on
Tn�raaFer tnare ba��y no fu�tn2r businass to coma before sa�d maa��n� uoo� motion d.�ly made
s=cond�d and una� mous3y carried: tne m2etin �vas ad�ournad
�
Kirste George. Secretary �
�ll��UTES OF A 5?ECIAE MEETWG
OF THE BOARO OF DIFECfiORS— Solo Page
. �Z
ExhibitA - Proposal Transmittal Letter
TO: City of Fort Worth, Texas
FROM: Dean Electric, Inc dba Dean Construction
(Proposer's Name)
FOR: Fire Station Park Improvements Project
Submitted: Januar r�20, 2022
The undersigned Proposer, in compliance with your Request for Proposal for this Project,
having examined the Request for Proposal and Contract Documents and the site of the
proposed work, and being familiar with all of the conditions sunounding the construction of
the proposed Project, including the availability of materials and labor, hereby proposes to
perform Construction Manager-at-Risk Services including development of a Guaranteed
Maximum Price Proposal and to construct the Project in accordance with the said Contract
Documents.
The Proposer agrees, if this Proposal is accepted, to enter into a written contract with the
City of Fort Worth, Texas to furnish all items necessary to perform the Construction
Manager-at-Risk Services including Pre-Construction Services and Construction Services in
full and complete accordance with the reasonably intended requirements of the respective
scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a
definite understanding that no compensation will be allowed for extra work except as set
forth in the Contract Docurtients.
The Proposer agrees, if the Guaranteed Maximum Price Proposal is accepted, to commence
with the construction of the Project completely by furnishing all necessary products,
machinery, tools, apparatus, means of transportation and labor necessary to complete the
construction of the Work in full and complete accordance with the reasonably intended
requirements of the Contract Documents to the full and entire satisfaction of the City of Fort
Worth, Texas with a definite understanding that no compensation will be allowed for extra
work except as set forth in the Contract Documents.
The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this
Proposal Transmittal Letter submitting the Proposer's response to the RFP and further
authorizes and hereby requests any person, firm, or corporation, if requested by the City, to
furnish any information in verification of the recitals comprising this Proposal. By the signature
provided below, the signatory affirms that the information provided herein and in this Proposal
is true and correct to the best of his/her knowledge and belief. Attached hereto is authority
provided by the Proposer's governing body verifying the authority of the signatory to so execute
this document.
�
By:
( ature)
Title: President
Date: O1 /20/2022
City of Fort Worth — Fire Station Park Improvements Project Page 21 of 50
CMAR RFP — Project #CO2638
Exhibit B— Statement of Experience
Using the summary format included below, list and describe Proposer's history of
successful completion of both similarly sized and scoped projects and projects utilizing
the CMAR project delivery method within the past ten (10) years. Give documentation
of three (3) projects that meet the criteria listed in Section 6.A.4. Additional
consideration will be given to projects combining multiple elements listed in Section 4.
Project
Name of Project: Dream P
Location: 2401 University Drive Fort Worth, TX 761
OWNER's Name and Address: City of Fort Worth
OWNER's Contact Person (Print): Scott Penn
Phone/Fax No.: 817/ 392-5750
Initial Contract Price: $1,668,353.00
Final Contract Price: $1,637,756.00
For Design Projects, Construction Cost:
Contract Start Date:_(Date of Notice to Proceed) 08/2018
Contract Time: 210 (X) Calendar Days () Working Days
Contract Substantial Completion Date: 04/12/2019
Actual Substantial Completion Date: 04/12/2019
City of Fo�t Worth — Fire Station Park Improvements Project Page 22 of 50
CMAR RFP — Project #CO2638
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Thirtv extra days were issued for rain days. There were 32 rain days on this job.
Project Description and Statement of Relevance to this Project:
Dream Park's similarities include tree protection erosion control site fine ading,
concrete flatwork, concrete sidewalks, electrical service, sod and landscaping.
City of Fort Worth — Fire Station Park Improvements Project Page 23 of 50
CMAR RFP — Project #CO2638
Exhibit B- Statement of Experience (continued)
'ect 2
Name of Project: Gabe Nesbitt
Location: 7001 Eldorado Pkwy, McKinney, TX 75070
OWNER's Name and Address: City of McKinney
OWNER's Contact Person (Print): Patricia Jackson
Phone/Fax No.: 972/ 547-2604
Initial Contract Price: $3,800,000.00
Final Contract Price: $3,650,000.00
For Design Projects, Construction Cost:
Contract Start Date: 03/11/2011
Contract Time: 369 (X) Calendar Days () Working Days
Contract Substantial Completion Date: 03/25/2012
Actual Substantial Completion Date: 03/15/201
City of Fort Worth — Fire Station Park Improvements Project Page 25 of 50
CMAR RFP — Project #CO2638
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Project Description and Statement of Relevance to this Project:
Gabe Nesbitt's similarities include skate park designed and constructed b.y SPA
Skateparks, parking lot expansion, fencin ,� tree protection, erosion control, site fine
ading, concrete flatwork, concrete sidewalks, electrical service, sod, and landscapin�
City of Fort Worth — Fire Station Park Improvements Project Page 26 of 50
CMAR RFP — Project #CO2638
Exhibit C- Proposed Project Key Personnel
Pro osed Pro'ect Mana er s
Or anization Doin Business As Dean Construction
Name of Individual Gre o Firebau h
Years of Ex erience as Pro'ect Mana er 25
Years of Ex erience with this or anization 27
Number of similar ro'ects as Pro'ect Mana er 202
Number of similar ro'ects in other ositions 52
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Carpenter Park — Skate Park and $9,118,966 $9,145,830 8/2018 8/2018
thletic Complex
Gabe Nesbitt Park — Community Park $3,800,000 $3,650,000 3/2012 3/2012
Dream Park — Handicap Centric $1,668,353 $1,637,756 4/2019 4/2019
Community Park
Name Kevin Murray Name Peter Kao
Title/ Position Parks Director Title/ Position Parks Director
Organization City of Plano Organization City of Southlake
Telephone 972-941-7265 Telephone 214-457-9649
E-mail kevinm@plano.gov E-mail pkao(a�ci.southlake.tx.us
Project Carpenter Park Project Bicentennial Park
Candidate role project Manager Candidate role project Manager
on Project on Project
Name of Assignment Percent of Time Estimated Project
Used for this Com letion Date
Rick Oden Park 25 Februa 2023
North Park 25 June 2022
Midlothian Park 25 June 2022
City of Fort Worth — Fire Station Park Improvements Project Page 29 of 50
CMAR RFP — Project #CO2638
Exhibit C- Proposed Project Key Personnel
Pro osed Pro'ect Mana er s
Or anization Doin Business As Dean Construction
Name of Individual T ler Firebau h
Years of Ex erience as Pro'ect Mana er 14
Years of Ex erience with this or anization 18
Number of similar ro'ects as Pro'ect Mana er 8
Number of similar ro'ects in other ositions 12
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completio Completion
Midlothian Community Park-Phase 1$6,528,094 $6,528,094 02/2017 02/2017
Cade Branch Park $2,622,925 $2,622,925 03/25/2019 OS/2020
idlothian Community Park- Phase 2$19,089,437 Ongoing 7/2020 Ongoing
Name Heather powell Name Ronnie Angel
Title/ Position Parks Director Title/ Position Parks Director
Organization City of Midlothain Organization City of Roanoke
Telephone 972-775-7159 Telephone 817-837-9930
E-mail Heather.Dowell(cr�,Midlothian.tx.us E-mail rangel@roanoketexas.com
Project Midlothian Community Park Project Cade Branch Park
Candidate role Candidate
on Project Project Manager role on Project Manager
Name of Assignment Percent of Estimated Project
Time Used Com letion Date
Rick Oden Park 25 Februa 2023
North Park 25 June 2022
Midlothian Park 25 June 2022
City of Fort Worth — Fire Station Park Improvements Project Page 30 of 50
CMAR RFP — Project #CO2638
Exhibit C- Proposed Project Key Personnel - Continued
Pro osed Pro'ect Safe Officer
Or anization Doin Business As ean Construction
Name of Individual ob Baker
Years of Ex erience as Pro'ect Mana er 15
Years of Ex erience with this or anization 1
Number of similar ro'ects as Pro'ect Mana er 15
Number of similar ro'ects in other ositions 0
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
idlothian Community Park- Phase 2$19,089,437 Ongoing 7/2020 Ongoing
ussell Creek Synthetic Turf $4,015,338 Ongoing 6/2021 Ongoing
ick Oden Park $6,798,842 Ongoing 8/19/2021 Ongoing
Name Heather powell Name Kevin Murray
Title/ Position Parks Director Title/ Position Parks Director
Organization City of Midlothain Organization City of Plano
Telephone 972-775-7159 Telephone 972-941-7265
E-mail eather.Dowell Midlothian.tx E-mail kevinm@plano.gov
Project Midlothian Community Park Project Carpenter Park
Candidate role project Manager Candidate role project Manager
on Project on Project
Name of Assignment Percent of Time Estimated Project
Used for this Com letion Date
idlothian Communi Park 25 02/2023
ussell Creek S nthetic Turf 25 06/2022
ick Oden Park 25 06/2022
City of Fort Worth — Fire Station Park Improvements Project Page 33 of 50
CMAR RFP — Project #CO2638
Exhibit C- Proposed Project Key Personnel — Continued
Pro osed Pro'ect Quali Control Mana er
Or anization Doin Business As ean Construction
Name of Individual ob Baker
Years of Ex erience as Pro'ect Mana er 15
Years of Ex erience with this or anization 1
Number of similar ro'ects as Pro'ect Mana er 15
Number of similar ro'ects in other ositions 0
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
idlothian Community Park- Phase 2$19,089,437 Ongoing 7/2020 Ongoing
ussell Creek Synthetic Turf $4,015,338 Ongoing 6/2021 Ongoing
ick Oden Park $6,798,842 Ongoing 8/19/2021 Ongoing
Name Heather powell Name Kevin Murray
Title/ Position Parks Director Title/ Position Parks Director
Organization City of Midlothain Organization City of Plano
Telephone 972-775-7159 Telephone 972-941-7265
E-mail eather.Dowell Midlothian.tx E-mail kevinm@plano.gov
Project Midlothian Community Park Project Carpenter Park
Candidate role project Manager Candidate role project Manager
on Project on Project
Name of Assignment Percent of Time Estimated Project
Used for this Com letion Date
idlothian Communit Park 25 02/2023
ussell Creek S nthetic Turf 25 06/2022
ick Oden Park 25 06/2022
City of Fort Worth — Fire Station Park Improvements Project Page 34 of 50
CMAR RFP — Project #CO2638
Exhibit D- Exceptions to Agreement (see Attachment 2)
Comment Location in
Number CMAR Exception and Rationale Suggested Alternate Language
Agreement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
City of Fort Worth — Fire Station Park Improvements Project Page 32 of 50
CMAR RFP — Project #CO2638
Exhibit E- Contlict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORMCIQ
For vendor or other person doing business with local governmental entity
This questinnnaire reflects rhan�es made to the law hy H.B 1491, Rf1th Lag., Regular Sassion. OFFICEUSEONLY
This questionnalre Is being flled In accordance with Chapter 176, Local Government Code o3ca Received
by a person who has a business relationship as defined by Sedion 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law th Is qu estlonnalre m ust be fll ed wtth the records administrator of the loca 1 governm ental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Loc� Government Code.
A person commits an affense ff the person knowingly violates Section 178.006, Local
Government Code An offense underthis section is a Class C misdemeanor.
� Name of person who has a business relationship with local governmental entity.
{, C '
2
Check this box if you are filing an update to a previously filed qu�onnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business cray after the date the originalty filed questionnaire becomes incomplete or inaccurate.}
3
rvame ot�ocai govemmentomcerwrtn wnom n�er nas emp�oyment or business re�atwnsnip.
Name of Offlcer
This section (item 3 including subparts A, B, C& D) must be completed for each officer with whom the filer has an
employmerit or other business relationship as defined by Section 176_001(1-a), Local Government Code. Attach additional
pages to thls Form CIQ as necessary.
A. Is the Ixal qovernment offlcer named In thls section recelving or likely to receive taxable income, other than Investment
Income, from the fller of the questlonnaire?
Yes No N f �(
B. IE the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
diraction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No Iv I �
C. Is the Aler of this questlonnalre employed by a corporartion or other buslness endry wlth respect to whlch the local
government officer senres as an o(ficer or director, or holds an own�ship of 10 percent w more?
Yes No N � �
D- Describe each employment or business relationship with the local c�overnment o(ficer namecl in this section.
a
_/
� ' �� �V L�
Signatur o n tlolnq bu ss ith the govemmental entitV Date
City of Fort Worth — Fire Station Park Improvements Project Page 33 of 50
CMAR RFP — Project #CO2638
L•.r/rihit I'— Client �2efet•rnce Furni
Projeci \'am;
Ouner's i�'ame: �Gt�f � 'roY.�,
�+��ner Cootact's Phone t�`umber:
Ottner's Contact \`ame & Title:
��pe ofCo�uract (t)e;i!m 8id Ciuild, C)e;i=n Ruild. C\i ai Ris4�, eic.)
Engineer Architect'Constntctioiti \fana�er's \�ame:
Engineer rlrchitecdConstruction b(ana��r's Phone \�umber.
E��trineer Arcnitect/Constnc:tion �tanager's Contact Name &"fitle:
Oris�ii�a! Coutra.l �'ah�e G\(f' of Projcct:
Co�t Sa�in�s Identifiecl:
I 1111I CUI1�('iiCE � BILIE �-�.f Prsyec�;
Proje�t U.s.rip:i �t'
�' J�1'1:C.�
�
C�,m�.�,�.1 �k w��
P1�. c�-�d U"d �`c.-a-p
�nl-�-�� P`� ��xeS .
Uri��in:�l ('rojzc! D.ira�i n: Z`d �
'Ori�_=ii��il F�r�icc� Cq�?i��l?tian D;ue: L-� jZ. 2�
-\ctual Project Coi�ipleti:n D��tr L-r Z
f�plz iriti_.n t�_�r 1;�.�.:�;• �;roj?�t c,�mplzti �ii da�.e cr c�ant:•act �a{:.� o�errt�r. iF��pplicabl..
Pa;e 40 0�
;,z�
�
Liit ��-lajor Subcontractor's: name�, contaci phone numbers
�C.� �1��C,�cYI; Z1U�q"l�j-o`6��
, A �iev� � �� � , : G �2 - �t�lZ _ �crr1
I�� 3 �l�c�'K�� : �1'72-�2 � � ►1 �so
� n -�,1.1.�h1'�k�2�j : $17-�-1`6I - Z$�Cp
��rc1�.1� [r.�r�z�r`j: �I�Z -�Z�-O��Z
� �1'Y�-�-J : �b17-- co�ll -- �6�0�
�-T"= PJ'�r �1� e-Tenn, s Csur�zs .�S 17 -�--J �7- C�-� 1Z
' i���,�l�x �� ��b� �,-�5- 2�y�
���. � �y C �. z j� -�s�- �_;► y c�
Page 41 of
, i.
z
Exhibit G — Bond Forms
Pre-Construction Phase Services:
For Pre-Construction Phase Services, no bonds are required.
Construction Phase Services:
Construction Phase Bonds shall be the City's standard form performance, payment and
maintenance bonds.
City of Fort Worth — Fire Station Park Improvements Project Page 36 of 50
CMAR RFP — Project #CO2638
ExhibitH— Safety History Table
2018 2019 2020
A Total Number of Field Man-Hours Z�Z� (��2 � o � ob� 7�� ��
B Number of Recordable Incidents with no lost time accidents � � �
C Number of Recordable Incidents with lost time accidents Q� ( �
�.r
D Total Recordable Incident Rate (TRIR) q
(B+C) x(200,000) I A � Z. I
�
E Number of Fatalities � J7'� �
��i
F Published Experience Modification Rate (EMR) ��� , r/' � j
� ��
Provide documentation to support the above Experience Modification Rate infortnation.
Either of the following methods are acceptable:
• Letter from insurance agent, insurance carrier, or appropriate government agency
(on their letterhead) verifying the modification rate.
Copies of the Experience Rating Calculation Sheets for each of the above years
that your insurance carrier forwards to you annually.
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide
OSHA 3001ogs for each of the past three years.
City of Fort Worth — Fire Station Park Improvements Project Page 40 of 50
CMAR RFP — Project #CO2638
WORKERS COMPENSATION EXPERIENCE RATING
NCC/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Effective Date: 03/31/2018 Production Date: 10/17/2017 State: TEXAS
t Exp Excess Facpected Exp Prim Act Exc Losses 8allast A,ct Inc Losses Act Prim
Losses Losses Losses �osses
10 32,011 53,a97 21,086 0 24,750 2,101 2,101
Exp Eiccess (D) Expected (E) �cp Prlm (F) pct E�c (Gj Ballast (H) Act Jnc (F) Act Prim
sSes (D - E) Losses Loss.ets Losses (H - q Losses Lasses
32,011I 53,097I 21,086 I OI 24,750I 630I 630
Primary LosSes StabiUztng Value Ratable Excess Totals
(�) C ' (1 - A) + G (A) ' (F) (J)
Actual 630 53,560 0 54,190
(E) C' (1 - A) + G (A) ' (C) (K)
Expected 21,086 53,560 3,201 77,847
ARAP FLARAP SARAP iViAARAP Exp Mod
�
Factors .70
RATING REF�ECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS
DOLLARS WHERE ERA IS APPLIED.
Carrier: 29939 - 000 Policy: 0001178134 Eff-Date: 03/31/2017 Exp-Date: 03/31l2018
J Copynght 1993•2017, Ali nghts reseroed. This producl is comprised of compilations and information which are the proprietary and ezclusive property of ihe National Counnl on
Compensation Insurance. Inc. (fYCCI). No fuAher use, dissemination, sale, transfer, assignment or disposition of ihis product, in whole or in part, may be made without the prior written
consent of NCCI. This praduct is furnished "As is" "As available"'With all defects' and includes information available at the tlme ol publication only. NCCI makes no representations or
warran6es oF any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranry of inerchantability, fitness
for a OaRicular purpose, accuracy, completeness, currentness, or correclness of any information or product furnished hereunder. All responsibiliry for the use of and for any and all results
derived or abtained through the use of the product are the end user's and NCCI shall not have any liability thereto.
V- Page 1 of 2
9
WORKERS COMPENSATION EXPERIENCE RATING
NC[/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Effective Date: 03/31/2018 Production Date: 10/17/2017 State: TEXAS
yc-�a�N� rirm iu: rirm Name: utAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2014 Exa Date: 03/31/2015
Code ELR � Payroll Expectecl Exp Prim Clalm Data i.) OF Act Inc Act Prim
Ratio Losses Losses � Losses Losses
0042 1.74 .41 130,479I 2,270 931
5190 1.36 .39 179,868 2,446 954
5200 1,5$ .40 623,151 9,846 3,938 � J
5606 .31 .38 64,756 201 76 �_J
6219 1.72 .38 167,252 2,877 1,093 ��
8809 .05 u 167,031 84 29 �� I I I I
8810 .U5 .37 125,802 63 23 ��
Policy Total: 1,458,339IPremlum: 52,658 ossesct Inc O
42-TEXAS
Carrier. 29939
Firm ID: Firm Name: DEAN ELECTRIC INC
PoUcy No. 0001178134 Eff Date: 03/31/2015
Code ELR a Payroli Expected Exp Pri�it
Ratio Losses Losses
0042 1.74 .41 100,317 1;746 716
5190 1.36 .39 153,686 2,090 815
5200 1.58 .40 658,054 10,397 4,159
5606 .31 .38 64,800 201 76
6219 1.72 .38 190,488 3,276 1,245
8809 .05 .34 155,397 78 27
8810 .05 .37 125,820 63 23
Subiect
Policy Total: 1,448,56 Premium: 53,025I
Exp Date: 03/31 /2016
CI�1hi�Data IJ OF Act Inc A�t Prim
Losses Losses
6000981087 06 F 2,101 2,101
� ��
�� I I
L� � � I �
ITotal Act Inc I I
�Losses: 2,101
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2D16 Exp Date: 03/31/2017
Code ELR � Payrop �atpected . Exp Prim Clairn Data W OF Ac! Inc ACt Prtm
RaHo Losses Losses Lasses Losses
0042 1.74 .41 149,168 2,596 1,064
5190 1.36 .39 139,924 1,903 742 �
5200 1.58 .40 800,284 12,644 5,058
5606 .31 .36 69,773 216 82
8809 .05 .34 125,470 63 21
8810 .05 .37 74,477�_ 37 14
Policy Total: 1,359,096�Premi m: 50,131I I os esct inc p I
O Copyrigh� 1993-2017, All rights reserved, This product is cornprised of compilalions and information which are the proprielary and exclusrve propeAy of the Nalional Council on
Compensatlon Insurance, Ina (NCCI). No further use, Cissemination, sale, transfer, assignment or dispositlon of this product, in whale a in part, may be made withaut the prior written
consent ol NCCI. This product is furnished "As is" "As available' "With all detects" antl inclutles iniormation avaitable at the time of publicaGon onty. NCCI makes no rep�esentations or
warranties of any kmd relating ta the product and hereby ezpressly disclaims any and all express, statutory, or implied warranties, mcluding the implied waRanry of inerchantahiliry, fitness
for a particular purpose, accuracy, completeness, curtentness, or correctness ol any information or pradud tutnished hereunder. All responsibiliry for the use ol and lor any and all results
derived or obtained Nrough the use of the product are the end user's and NCCI shall not have any liability thereto,
' Total 6y Policy Year of ali cases E2000 or less. D Disease Loss X Ex-Medical Coverage U USLBHW
C Catastrophic Loss E Employers Liabilily Loss # Umited Loss
V-Page2of2
70
WORKERS COMPENSATION EXPERIENCE RATING
NC[/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Effective Date: 03/31/2019 Production Date: 10/15/2018 State: TEXAS
State Wt Exp F�ccess Hxpected Exp Prim Act Exc Losses Ballast Act Inc Losses Act Prim
Losses Losses Losses Losses
Tx .10 31,96 51,606 19,646 0 25,125 2,112 2,11
(A) (B (C) Exp Excess (D) Expect�"d (E) Ex�f Prim (Fj Act Exc (G) Ballast (H) Act inc (I) Act Prim
Wt Losses(D-E} Losses Losses Losses�H-I) toss�s Losses
.10I I 31,960I 51,606I 19,646L OI 25,125I 634� 63
Primary Losses Stabilizin��/alue RataBle Excess Totals
(I) C' (1 - A) + G (A)' (F) (J)
Actual 634 53,889 0 54,523
(E) C ' (1 - A) + G (A) ' (C) (K)
Expected 19,646 53,889 3,196 76,731
ARAP FLARAP S�,AF�AP MAARAP Ezp Mod
(J) / (K)
Factors .71
RATING REFLECTS A DECREASE OF 70% MEDICAL ONLY PRIMARY AND EXCESS LOSS
DOLLARS WHERE ERA IS APPLIED.
Carrier: 29939-000 Policy: 0001 1 781 34 Eff-Date: 03-31-2018 Exp-Date: 03-31-2019
y copyngnt i�a-zuta, nn ngnts reservea. i nis protluc[ Is compnsetl o� compilatlons antl inlormation which are the proprietary and eaclusive proparty ol the Nalional Council on Compensation Insurance.
Irx. (NCCq. No fuAher use. dissemination. sale transfer, assignment ar dispositbn of this product, m whola or in paA, may be made without the prior wriqan consent ol NCCI This produd is fumished `As
is" "A5 evailable" "With all defects' and includes information available al lhe lime ol publication only. NCCI makes no re0resentations or warranGes ot any kind relaling to the product and hereby expressly
disclaims any and all express, statutory, or implied wananties, including the implied wartanty ol merchantability, limess for a particular purpose, accuracy, completeness, currentness, oi correctness of the
product or informaGon contained tharein. This product and the inlormatian contained therein are to be used exc�usivety for undenvriling. premium calculation and other tnsurence purposes a� may no[ be
used for any other puryose including but not limited to salery scoring tor project bidding purposes. Ail responsibility loi the use ol a�d tor any and all rewlts de�ived or o0tained th�ough the use of the product
and intormation are Ihe end user's arM NCCI shall not have any f�abiliry ihereto.
Page t of 2
7
WORKERS COMPENSATION EXPERIENCE RATING
AlCC/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Etfective Date: 03/31/2019 Production Date: 10/15/2018 State: TEXAS
42-TExAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2015 Exp Date: 03/31/2016
Code ELR � Payroll F�cpected Exp p��m Claim dete iJ QF Act ino Act Prim
Ra�io Losses Losses Losses Losses
I 0042 I 1.70I .40I 100,317 1,705 682 6000981087 06 I F I 2,112I 2,112I
5190 1.19 .38 153,686 1,829 695 I I ( I I I
5200 1.49 .38 658,054 9.805 3,726 ��
5606 .29 .38 64,800�_ 188 71 u
6219 1.53 .36 190,488I 2,914 1,048 ��
8809 .05 .31 155,397� 78 L_ 24 ��
8810 .04 .40 125,820 50 �_ 20
Subject Total Act Inc
Policy Total: 1,448,56 Premium: 53,025 Losses: 2,112
42-TEXAS Firm 10: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2016 Exp Date: 0313 1 /201 7
Code Et,R � Payroll Expected Fxp Prim Clalm Da2a IJ OF Act inc Act Prim
Ratio Losses Losses Losses Losses
0042 1.70 .40 149,168 2,536 1,014
5190 1.19 .38 139,924 1,665 633
5200 1.49 .38 800,284 11,924 4,531
5606 .29 .38 69,773 202 77
8809 :05 .31 125,470 63 20 � ��� I I
8810 04 40 74,477 30 12 � �
Policy Total: 1,359,096�Premtum: 50,131I ILoss sct Inc OI I
42-TEXAS Firm ID: Fi�m Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2017 Exp Date: 03/31/2018
Code �LR D❑- Payrofl Expected �xp �rim Claim Data l,f �F Act )nc I� Act Prim
Ratio Losses Losses Losses I Losses
0�42 1.70 .40 147,912 '2,515 1,006 ��
5190 1.19 .38 164,906 1,962 746 ��
5200 1.49 .38 821,090I 12,234 � 4,648 �
5606 29 .38 83,045 241 92 �
6219 1.53 36 105,511 1,614 581
8809 .OS .31 62,400 31 10
6810 .04 .40 49,749 20 8
IPolicy Total: 1,434,613�Premium: 55,191) Lossesct Inc O
�2� Copyright 1993-2018, Ali nghts reser�ed. This product is wmpnsetl ol compilaCans arW information which are lhe proprielary arM ezclusrve property al the Nationa� Coundl on ComDensation Insurance,
Inc. (NCCq. No further use, dissemination, sale. trens(er, assignment or disposition of this praduct. in whole or in part, may be made wi�hout the prior written consent ol NCCI. 7his product is fumished "As
is" "As available' -Wlth all delects' and �ncludes iMormation availeble at the time of pubiieaGon ony. NCCI makes no representations or wananties ot any kind reWting to the producl and hereby expressly
d�sciaims any and all express, slalutory, or implied wananties, includirg the implied warranry ol merchantability, titoess iw a particular purpose, accuracy, completeness, wrrenNess, or wrrectness of the
producl or informalion conta�ned therein. T�is product and the in(orma6on containad iherein are to be use0 exclusivaly loi underv+riting. premium wlcutation and other Insurance purposes and may not be
usea loi any other purpose including but not limited ro safety swrinp for pro�ec[ bidding purposes. All responsibiliry tor the use ol and fa any anC all resufls derived ar obtained through Ihe use of ihe product
and informalion are !he end usor s and NCCI shall nat have anv liabiliry therelo-
' Total by Policy Year of all cases 52000 or less. 0 Oisease Lou X Ex-Metlical Coverage U USL&HW
C Catast�ophic Lass E Employers Liahilily Loss # Limited Loss Page 2 of 2
8
WORKERS COMPENSATION EXPERIENCE RATING
NCC/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Effective Date: 03/31/2020 Production Date: 10/23/2019 State: TEXAS
Wt Exp Ezcess Expected Exp Prlm Act Exc Losses Baliast Act Inc Losses Act'Prim
Losses Losses Losses Losses
.09 27,46 44,301 16,832 0 25,375 0
(Cj Exp Excess (D) ExPect�d (E) Exp Prim (Fy Act Exc (G) Sallast (Hj Act Inc {1) Act Prim
Lo9ses(D-E) Losses Losses Loss�s(H-I) Losses Losses
27,469I 44,301I 16,832 0 25,375 0
Primary Losses Stabilizing Value Ratatile Exoess Totals
(I) C' (1 - A) + G (A) ' {F) (J)
Actual p 50,372 0 50,372
(E) C ' (1 - A) + G (A) ' {C) (K)
Expected 16,832 50,372 2,472 69,676
ARAP FLARAP SARAP MAARAP �xp Mod
��) � )
Factors .72
Carrier: 29939-000 Policy: 0001178134 Eff-Date: 03-31-2019 Exp-Date: 03-31-2020
� Capyrighl 1993-2019, All rghts reserved. This product is comprised ol compilations and infarmation which are the proprietary and exclus�va property of the National Council on CompensaGon Insurence,
Ina (NCCIj. No fuaher use, dssemination. sale iransfe�, assignment or dis0osition ol this product, in whole or in part, may be made without the prior writtan consent of NCCI. Th1s product is tumisbed'AS is'
`As available' "With all detects" and inclutles inPormaBon avadable aUhe time ol publicallon only_ NCCI makes no represenU6ons a warranties of any kind relating to ihe produd and hereby expressty
discleims any and all ezpress, statutory, or Impliatl warranties, intluding the imphetl warranty of inerMantaWfily, tilness lor a particular purpose, accuracy, compleleness, curreNness, or mrtecmess of [he
product or inlormation conlamed theretn. 7his product and the informafion conlained therem are to be used e�Gusively lor undarvvrrtmg, premium calculation and oMer Inwrance purposes antl may not be
used for any othe� puryose u�cluding but not limrted ro safery scoring tar project Wtldirg purposes. An responsibipty tor the use ol and for any and alt results derivetl a obtamed through the use ol the protluct
and inlormalion are Me end user's and NCCI shall nm have any liabiliry thereto.
Page 1 of 2
5
WORKERS COMPENSATION EXPERIENCE RATING
N[t/ Risk Name: DEAN ELECTRIC INC Risk ID: 420235801
Rating Effective Date: 03/31/2020 Production Date: 10/23/2019 State: TEXAS
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2016 Exp Date: 03/31/2017
Code EtR D- Payroll Expected Exp Prlm Clalm Data IJ OF Act In� Act Prim
Ratio Losses Losses Losses Losses
0042 1.50 .40 149,168 2,238 895
5190 1.04 .37 139,924 1,455 538 �
5200 1.36I .38I 800,284 10,884 4,136 �_J
5606 .24 .38 69,773 167 63 I I �
8809 .OS .34 125,470 63 21 u
8810 .04 .40 74,477 30 12 � J
Policy Total: 1,359,096 Premeum: 50,131I I ossesct Inc OI I
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2017 Exp Date: 03/31/2018
Code ELR R� o Payroll ��i� Losses Clalm Data W OF �os_ses Losses
0042 1.50 .40 147,912 2,219 888 ��
5190 1.04 _37 164,906 1,715 635
5200 1.36 .38 821,090 11,167 4,243 _�
5606 .24 .38 83,045 199 76
6219 1.34 .34 105,511 1,414 �_481
8809 :05 .34 62,400�_ 31 11
8810 04 .40 49,749 20 8
Policy Totai: 1,434,613�Prem um: 55,191I ILossesct Inc O I
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 PoNcy No. 0001 1 781 34 Eff Date: 03/31/2018 Exp Date: 03/31/2019
Code ELR D- Payroll Expecied — Exp Prim Claim Deta 1J OF Act�inc Aci Prim
Ratfo Losses Losses losses Losses
5200 1.36 .38 860,502 11,703 4,447
5606 .24 .38 391,779 940 357 � J 1 I I I
8809 .05 .34 62,400 31 � 11 ! I�� I I
8810 .04 .40 fi1,5061 25 10 �--_Jj�� � �
Policy Total: 1,376,187�Premium: 36,340I ILossesct Inc OI I
ril Copynght 1993-2019, All rights reserved. Tbis product is campnsed of compilatans and intormatian wb�cb are Me pwprietary arM exclusve properry ol the Nationai Council on CompensaUon Insurance,
Inc. (NCCI). No lurther use, dissemination, sale. transfer, assignment or disposition of this product. in whole or in part, may be made withoul Ihe prior written consent ol NCCI. This p�otluct is furnished "As Is
'As available' MNith all defects' and includes intormation available al the time of puDlication only. NCCI makes no representations or wenanties of any kind relating to the product and hereby expressly
disclaims any and aN express, staWtory, or implied warranties, including the implied wartanty oi merchantabiliry, fitness lor a paAicular purpose, aauracy: compleleness, currentriess, or corredness ot the
producl or informalion con(amed therein. This product and lhe inlormation contained therein are to be used exclusively fo� undarvrriting. premium talculation an0 oNar Inwrance purposes a�d may not be
used tor any other purpose inclu0ing but not limited to salery scorinp for pro�xl biddmg puryoses- All respansibilily for the use oF and for any antl all results derived or obtained through Mre use of the product
and inlormation are lhe end user's and NCCI shall not have any liabipty thereW.
' Total by Policy Year ot all cases $2000 0� less. D Disease Loss X Ex-Medical Coverage U USLSHW
C Calastrophic Loss E Employers Liabiliry Loss k Limded Loss Page 2 of 2
6
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9
Exhibit I- Construction Budget and Fee Proposals
Construction Budget
The City's Construction Bud�et I$1,500.000.00
$100,000 Allowance to be included in
CMAR Fee Proposal
Note: Only the Total Pre-Construction Phase Cost and Construction Phase Fee
percentage will be read publicly at the time the RFP is opened.
City of Fort Worth — Fire Station Park Improvements Project Page 43 of 50
CMAR RFP — Project #CO2638
Exhibit J- Evaluation Criteria
.
� '
1. Cover Letter Pass/Fail
2. Forms and Certifications Pass/Fail
3. Proposer's Corporate Experience and Financial Stability:
related CMAR and non-CMAR project delivery experience,
including safety record, self-performance capabilities, financial
qualifications, corporate history of litigation and the forms of
dispute, and history of completing projects on time. The Firm can Maximum 10
demonstrate relevant and recognized project delivery experience points
through using various project delivery techniques and best practices.
The Firm explains the benefits of that experience in terms of value
for the City's project and provides a current Company Financial
Statement.
4. Pricing of CMAR services (Pre andConstruction Services Costs Maximum 10
and Fees oints
5. CMAR Qualifications and Experience of Key Personnel
(RELEVANT Non-CMAR experience acceptable): Demonstrated
results and success with of projects of similar size and scope (CMAR
and Non-CMAR Experience): Proposer's relevant experience in
project delivery including: value engineering, constructability
reviews, value analysis and best practices in construction delivery
methods (design/bid/build, construction management at risk and
design-build) and associated Pre-Construction Services. The team's
value proposition is clearly communicated through experience, Maximum 20
results and assigned roles and responsibilities.
points
CMAR and non-CMAR experience is recognized when the team can
demonstrate experience in various delivery techniques and, explain
the benefits of that experience in terms of value for the City's
project.
Include Client References for Similar Work Performed and Proposed
Project Team's Capacity, experience and workload
City of Fort Worth — Fire Station Park Improvements Project Page 42 of 50
CMAR RFP — Project #CO2638
1
6. Project Approach
Construction Approach: Team's approach to quality Maximum 15
assurance/quality control during construction, approach to dealing
with Project Change Orders/Field Orders, dealing with delivery points
impacts (i.e. adverse weather, operational issues, etc.), working with
stakeholder and customer communities, and achieving project close-
out to meet or exceed construction timeline.
Pre-Construction Services: Team's approach to performing pre- Maximum 10
construction phase services, integration with the Owner's design points
firm, controlling schedule and budget to meet GMP and meet or
exceed delivery timeline.
QA/QC and Safety Plan: Demonstrated development and
implementation of Quality Assurance/Quality Control and Safety Maximum 5
Plans to achieve successful projects. points
Cost and Schedule Control: Managed and controlled costs and Maximum 25
schedules with a change management process. Addressed Owner-
initiated requests points
7. Compliance with the Business Equity Ordinance: Acknowledge
and commit to meeting the overall diverse Business Equi , Goal and Maximum 5
present its preliminary Utilization Plan points
Proposer's responsiveness to Request for Proposal Yes/No
City of Fort Worth — Fire Station Park Improvements Project Page 43 of 50
CMAR RFP — Project #CO2638
ExhibitK- Prevailing Wage Rates
(Commercial Construction Projects)
CLASSIFICATION DESCRII'TION
AC Mechanic
AC Mechanic Helper
Acoustical Ceiling Installer
Acoustical Ceiling InstallerHelper
Bricklayer/Stone Mason
Bricklayer/Stone Mason Trainee
Bricklayer/Stone Mason Helper
Carpenter
Carpenter Helper
Concrete Cutter/Sawer
Concrete Cutter/Sawer Helper
Concrete Finisher
Concrete FinisherHelper
Concrete Form Builder
Concrete Form Builder Helper
Drywall Mechanic
Drywall Helper
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Apprentice (Helper)
Electronic Technician
Floor Layer
Floor Layer Helper
Glazier
Glazier Helper
Insulator
Insulator Helper
Laborer Common
Laborer Skilled
Lather
Metal BuildingAssembler
Metal Building AssemblerHelper
Metal Instal ler (Miscellaneous)
Metal Installer Helper(Miscellaneous)
Metal Stud Framer
Metal Stud Framer Helper
Painter
Painter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
Plumber
Plumber Helper
Reinforcing Steel Setter
Wage Rate
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
25.24
13.67
16.83
12.70
19.45
13.31
10.91
17.75
1432
17.00
11.00
15.77
11.00
15.27
11.00
15.36
12.54
15.00
11.50
19.63
15.64
20.00
18.00
10.00
21.03
12.81
16.59
11.21
10.89
14.15
12.99
16.00
12.00
13.00
11.00
16.12
12.54
16.44
9.98
21.22
15.39
16.17
12.85
21.98
15.85
12.87
City of Fort Worth - Fire Station Park Improvements Project Page 44 of 50
CMAR RFP - Project #CO2638
Reinforcing Steel SetterHelper
Roofer
Roofer Helper
Sheet Metal Worker
Sheet Metal Worker Helper
Sprinkler System Installer
Sprinkler System InstallerHelper
Steel Worker Structural
Steel Worker Structural Helper
Waterproofer
Equipment Operators
Concrete Pump
Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel
Forklift
Foundation Drill Operator
Front End Loader
Truck Driver
Welder
Welder Helper
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
11.08
16.90
11.15
16.35
13.11
19.17
14.15
17.00
13.74
15.00
18.50
19.31
16.45
22.50
16.97
16.77
19.96
13.00
The prevailing wage rates shown for Commercial construction projects were based on a
salary survey conducted and published by the North Texas Construction Industry (Fall
2012) independently compiled by the Lane Gorman Trubitt, PLLC Construction Group.
The descriptions for the classifcations listed are provided on the TEXO's (The
Construction Association) website: www.texoassociation.org/Chapter/wagerates.asp
City of Fort Worth — Fire Station Park Improvements Project
CMAR RFP — Project #CO2638
Page 45 of 50
GABE NESBITT
McKinney, Texas
ORIGINAL BUDGET:
$ 3.8 MILLION
GMP:
$ 3.65 MILLION
FI�.,1� Ct;_.��:
s 3.65 Mi�uory
PHASCUf ��CVLLUPMC-Nl:
PHASE 1
COMPLETION DATE:
MARCH 2O12
TYPE OF CONSTRUCTION
SERVICES PROVIDED:
DESIGN BUILD
OvrNErzs Cor�Ta: ��:
CITY OF M�KINNEY
PATRICIA �ACKSON
972-547-26oy.
PROJECT ARCHITECT:
LANARC DESIGN INC
DAVID SHIP
z14-733-8805
Dean Construction worked in conjunction with LanArc Design
Inc and SPA Skateparks to design and build Gabe Nesbitt park
on time and under budget.
Gabe Nesbitt was a combination oftwo lit ballfields, parking
lot, site concrete, fencing, skate park, ballfield development,
shade structures, earthwork, so feet of moisture conditioning
and two feet of select fill under the skate park, site masonry,
and site amenities. Dean Construction was able to self-preform
the construction of the ballfields, site concrete, fencing, shade
structures, ten feet of moisture conditioning and two feet of
select fill under the skate park, and site amenities.
The destination-scale Gabe Nesbitt Skate Park in McKinney,
Texas is now one of the largest and certainly most unique
skate parks in the region. Boasting roughly 30,00o square feet
of plaza and transitional skateboarding terrain, this site-built,
concrete skate park caters to participants of all ages and skill
levels, while providing a truly prized public space for parents,
spectators and the community at large. The City proudly
claims the skate park as one oftheir most-used parks per
square foot, with up to i,000 skaters visiting per week.
t��;�
I��� �..
�
ri •� 1
!� �i'�. � �
"'`"��-�9e�
� r.���'*� .:�
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�� � " � � °,. �; - � � � �. �.
Y .�`' �.�.t��:
��� � ��� �/ ���� � ��� ,
_�J� ' �- _ '. � �-:� �.,�� �Y``�i
� � �' � �'`.. _� _�.
.� � i
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�
-: � �_ �,,.: � �-
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��
Dream Park - FOrt W��h TX
ORIGINAL BUDGET:
$z,og8,63z.00
G �•.� r�
$1,668,353.00
�ir�„�. ��.�_
$1,637,756.00
C'HASF OF C�F��EI Cif'i�.'�� 6�!- �
PHASE #i
COMPLE�ION DA I E.
APRIL 2019
TYPE OF CONSTRUCTION
SERVIC�=$ PROVIDED:
SELECTED AS
BEST VALUE
CONTRACTOR
NOIv-f ,�G� TCCr,la�l
RACHAEL
CHURCHILL
zzc,-gzg-9818
PROJECTARCfiITECT
PSC — SRA
1AME5 WILLIAMS
817-6493216
PROIECT SUPERINTENDENT
KELLY MAYFIELD
Dream Park was a renovation of existing playground. Included new
concrete pathways, benches, pavilion, playground, rubber surfacing,
stone walls, fencing and handrails. Dean construction was able to
self-perform site concrete, pavilion installation, handrails, fencing
and install of site amenities.
The redesign of park mainly focused on meeting the needs of
children with special needs.
Dean Construction was selected as the best value contractor and
worked in conjunction with Dream Park Non-profit, SRA and City of
Fort Worth to complete the job on time and underthe original
budget.
, - �a
DEAN ELECTR�C, INC.
FINANCIAL STATEMENTS
AND SUPPLEMENTARY SCHEDULES
Years Ended March 31, 2021 and 2020
with Independent Accountants' Review Report
2
DEAN ELECTRIC, INC.
FINANCIAL STATEIVIENTS
AND SUPPLEMENTARY SCHEDULES
Years Ended March 31, 2021 and 2020
Table of Contents
Independent Accountants' Review Report .................................................................................. I
Financial Statements:
BalanceSheets ...................................................................................................................... 3
Statements of Income and Changes in Stockholders' Equity ............................................... 4
Statementsof Cash Flows ..................................................................................................... 5
Notes to Financial Statements ..................................................................................................... G
Supptementary Schedules:
Schedules of Earnings From Contracts .................................................................................. 17
Schedules of Contracts Completed ....................................................................................... 18
Schedules of Contracts in Progress ....................................................................................... 20
Schedulesof Notes Payable .................................................................................................. 22
i�
whitleypenri'
INDEPENDENT ACCOUNTANTS' REVIEW REPORT
To the Stockholders of
Dean Electric, Inc.
6�:0 Taylnr Street
���te zzoo
��rt 41+orth, Texas 7oIO2
s17.G59.91C10 Main
whiileypenn.coir
We have reviewed the accompanying financial statements of Dean Electric, Inc., which comprise the
balance sheets as of March 31, 2021 and 2020, and the related statements of income and changes in
stockholders' equity and cash flows for the years then ended, and the related notes to the financial
statements. A review includes primarily applying analytical procedures to management's financial
data and making inquiries of company management. A review is subslantially less in scope than an
audit, the objective of which is the expression of an opinion regarding the financial statements as a
whole. Accordingly, we do not express such an opinion.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation 1nd fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States ot'America ("GAAP");
this includes the design, implcmentation, and maintenance of internal control relevant to the
preparation and fair presentation of the financial statcments that are free from material misstatement
wheiher due to fraud or error.
Accountants' Responsibility
Our responsibility is to conduct the review engagement in accordance with Statements on Standards
for Accounting and Review Sen�ices promulgated by the Accounting and Review Services
Committee of the American Instihite of Certi�ed Public Accountants. Those standards require us to
perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any
material modifications that should be made to the financiat statements for them to be in accordance
with GAAP. We believe that the results of our procedures provide a reasonable basis for our
conclusion.
We are required to be independent of Dean Electric, Inc. and to meet our other ethical responsibilities,
in accordance with the relevant ethical requirements related to our review.
Accountants' Conclusion
Based on our review, we are not aware of any material modifications that should be made to the
accompanying financial statements in order for them to be in accordance with GAAP.
�A membei of
�Nexia
inter�ationai
Supplementary Information
The accompanying schedules of earnings from contracts and contracts completed for the years ended
March 31, 2021 and 2020, and contracts in progress and notes payable as of March 31, 2021 and
2020, (collectively "supplementary information") are presented for purposes of additional analysis
and are not a required part of the basic financial statements. Such information is the responsibility of
management and was derived from, and relates directly to, the underlying accounting and other
records used to prepare the financial statements. The supplementary information has been subjected
to the review procedures applied in our review of the basic financial statements. We are not aware of
any material inodifications that should be made to the supplementary information. We have not
audited the information and do not express an opinion on such information.
C.C��,��1� a��r Lt�
%
Fort Worth, Texas
June 22, 2021
5
DEAN ELECTRIC, INC.
BALANCESHEETS
Assets
Curreut assets:
Cash and cash equivalents
Accounts receivable, trade
Retainage receiv�ble
Contract assefs
Income tax receivable, net
Employee advances
Note receivable, related party
Prepaid expenses
T'otal current assets
Property and equipment, net
Total assets
LiabiliNes and Stockholdcrs' Equit��
Current liabilities:
Accouuts payable, trade
Retainage payable
Accnied liabilities
Contract liabilities
Current portion of notes payable
"I_otal current liabilities
Deferred Yax liahilities
Notes payable, net of current portion
rotal liabitilies
Cotrmutments and contingeucies
Stockholders' equity:
Coirunon stock Class A Voting -$1 par value; 10 shares authorized;
10 shares issued; 3 and 3 shares outstanding, respectively
Conunon stock Class B Non-Voting -$0.01 par value;
990 shares authorized; 990 shares issued; 125 and 150 shares
outstanding, respectively
Paid in capital
Retained eamings
Less treasury stock, at cost; 7 and 7 Class A shares, respecti�ely;
and 865 and 840 Class B shares, respectively
Total stockholders' equity
Total liabilities and stockholders' equity
March 31,
2021 2020
S 1,15G,754
1,944,370
513,258
480,409
I36,847
1,549
7,473
51,040
4,291,700
$ 1,021,283
2,085,2G 1
977,917
288,236
22,894
12,651
10,050
40,762
4,459,054
799,091
$ 5,090,791
� 1,773,3G4
�71,07U
50,399
C5,438
61,127
2,321,398
161,645
292,998
2,776,�41
10
10
33,968
3,157,794
686,63 I
$ 5,145,685
� 1.7(2,018
586,47C
53,729
27G,503
59,322
2,738,048
135,857
354,12C,
3,228,031
!0
10
33,968
2,74�,198
(877,032) (861,532)
2,314,750 1,917,G54
$ 5,090,791 $ 5,145,685
See independent accountants' review report and accompanying notes to financial statements.
3
9
DEAN ELECTRIC, INC.
STATEMENTS OF INCOME AND CHANGES IN STOCKHOLDERS' EQUITY
Revenues
Cost of sales
Gross profit
General and administrative expenses
Income from operations
Other income (expense):
Loss on disposal of equipment
Interest expense
Other income
Paycheck Protection Program loan forgiveness
Economic Injury Disaster Loan advance forgiveness
Total other income (expense), net
Income before provision for income taxes
Provision for income taxes:
State tax expense
Current tax benefit (expense)
Deferred tax expense
Total provision for income taxes
Net income
Stockholders' equity at beginning of year
Year Ended March 31,
2021 2020
$ 17,229,241 $ 19,410,1 G9
15,907,510 17,579,381
1,321,731 1,830,788
1,268,398 1,157,804
53,333 (72,984
(2,571)
( I 1,653)
8,605
391,300
10,000
395,681
449,0 I 4
(12, I 66)
8,733
(3,433)
6(>9,551
(20,197)
9,567
(25,788)
(36,418)
412,596
1,917,654
(4,895)
(52,691)
(73,964)
(131,550)
538,001
1,395,153
Purchase of treasury stock (15,500) (15,500)
Stockholders' equity at end of year $ 2,314,750 $ 1,917,654
See independent accountants' review report and accompanying notes to financial statements.
4
L
DEAN ELECTRIC, INC.
STATE:�iENTS OF CASH FLOWS
Operating Acti�ities
Net income
Adjustments to reconcile net income to net cash
provided by operating activities:
Loss on disposal of equipment
Depreciation
Deferred tax expense
Forgiveness of Paycheck Protection Program loan
Changes in operating assets and liabilities:
Account and retainage receivable
Accounts receivable, related party
Contracts assets
Income tax receivable
Employee advances
Prepaid expenses
Accounts and retainage payabte
Accrucd liabilities
Contract liabilities
Net cash provided by operating activities
tnvesting Activities
Advance on notes receivable, related pany
CollecUons on notes receivable, related paRy
Purchases of property and equipment
Net cash used in investu�g activities
Financing Activitics
Payments on notes payable
Purchase of treasury stock
Proceeds from Paycheck Protection Program loan
Net cash provided by (used in) financing activities
Net increase in cash and cash equivalents
Cash and cash equivalents at begiuning of year
Cash and cash equivalents at end of year
Supplemental Disclosure of Cash Flow Information
Cash paid during the year for interest
Cash paid during the year for federal income t�uces
Year Ended March 31,
2021 2020
$ 412,596
2,571
89,496
25,788
(391,300)
$ 538,001
605,550
(192,173)
(113,95�)
11,102
(10,278)
(204,060)
(3,330)
(2 l 1,065 )
20,944
(25,000)
27,577
(204,527)
(201,950)
(59,323)
(I5,500)
391,300
316,477
135,471
1,021,283
$ 1,156,754
73,615
73,964
(1,826,172)
65,000
(261,595)
52,691
(7,902)
(19,732)
1,682,091
(16,828)
66,510
4 I 9,643
(25,000)
14,950
(145,973)
(156,023)
(52,839)
( I 5,500}
(68,339)
195,281
826,002
$ 1,021,283
$ 11,653 $ 12,166
$ 126,814 $ -
See independent accountants' review report and accompanying notes to financial statements.
5
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS
March 31, 2021 and 2020
A. Nature of Business
Dean Electric, Inc. (the "Company") was incorporated in Texas in 1984_ The Company constructs
public parks and ball fields primarily for municipal govercunents and school districts.
B. Summary of Significant Accounting Policies
A summary of the Company's significant accounting policies consistently applied in the preparation
of the accompanying financial statements follows.
Basis of Accounting
The accounts are maintained and the accompanying financial statements have been prepared using the
accrual basis of accounting in accordance with accounting principles generally accepted in the United
States of America ("GAAP").
Use of Estimates
The preparation of financial statements in confonnity with GAAP requires management to make
estirrtates and assumptions that affect certain reporied amounts in the financial statements and
accompanying notes. Actual results could differ from these estimates and assumptions.
Cash and Cash Equivalents
The Company considers all highly liquid investments with a maturity of three months or less when
purchased to be cash equivalents. At March 31, 2021 and 2020, the Company had no such
investments. The Company maintains deposits in one financial institution, which may at times
exceed amounts covered by insurance provided by the U.S. Federal Deposit Insurance Corporation
("FDIC"}. The Company has not experienced any losses related to amounts in excess oF FDIC limits.
Sales Taxes
The Company includes sales taxes as a line item at the point of invoicing customers for taxable
transactions. These taxes are recorded net (excluded from revenue and costs) to a payable account.
At the point of remitting the taxes to the proper authority, the payable account is relieved.
G
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (continuecl)
B. Summary of Significant Accounting Policies — continued
Accounts Receivable, Trade
Accounts receivable, trade are recorded when sales invoices are issued and are presented in the
balance sheet net of the allowance for doubtful accounts. Accounts receivable are written off when
they are determined to be uncollectible. The allowance for doubtful accounts is estimated based on
the Company's historical losses, the existing economic conditions in the industry, and the financial
stability of their customers. The Company considers accounts receivable balances to be fully
collectible; accordingly, no allowance for doubtful accounts has been established as of March 31,
2021 and 2020. If accounts become uncollectible, they will be charged to operations when that
determination is made. The Company follows the practice of filing statutory liens on all construction
projects where collection problems are anticipated. The liens serve as collateral for accounts
receivable, trade.
Retainagc Receivable
Retainage receivable represents a portion of the contract amount that bas been billed, but for which
the contract allows the customer to retain a portion of the billed amount until iinal contract settlement
(generally 5% to 10% of contract billings). Retainage is not considered a significant financing
component because the intent is to protecl the customer. Retainage that has been billed, but is not due
until completion of performance and acceptance by customers, is recorded in the accompanying
balance sheets as a current or long-term asset depending upon mana�ement's estimate of when the
contract wi11 be completed and the amount will be paid by the customer.
Property and Equipment
Property and equipment are carried at cost. Depreciation is provided on the straight-line method over
lhe assets' estimated service lives. The cost of assets sold or abandoned and the related accumulated
depreciation are eliminated from the accounts, and any gains or losses are reflected in the
accompanying statements of operations and changes in stockholders' equity of the respective period.
Depreciable lives of assets are stated below:
Estimated
Useful Lives
Construction equipment 10 years
Furniture and �xtures 10 years
T'ransporiation equipment 5- 10 years
Office equipment 10 years
Leasehold improvements 39.5 years
o�
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEI4�ENTS (continued)
B. Summary of Significant Accounting Policies — continued
Long-Lived Assets
The Company evaluates its long-lived assets for impairment whenever events or changes in
circumstances indicate that the carrying amount of an asset may not be recoverable. Recoverability
of these assets is measured by comparison of their carrying amounts to future undiscounted cash
flows that the assets are expected to generate. If long-lived assets are considered to be impaired, the
impairtnent to be recognized equals the amount by which the carrying value of the asset exceeds its
fair market value and is recorded in the period the determination was made. Based upon
management's assessment, there was no impairment of long-lived assets at March 31, 2021 and 2020.
Paycheck Protection Program Loan
On March 27, 2020, the U.S. federal government enacted the Coronavinis Aid, Relief, and Economic
Security Act ("CARES Act"), which included provision for a Paycheck Protection Program ("PPP")
administered by the U.S. Small Business Administration ("SBA"). The PPP allows qualifying
businesses to borrow up to $10 million calculated based on qualifying payroll costs. PPP loans bear a
fixed interest rate of 1% over a two-year term, are guaranteed by the federal government, and do not
rcquire collateral. Payments of principal and interest are deferred until 10 months from the date of
the loan, and prepayments may be made at any time without penalty. The loans may be forgiven, in
part or whole, if the proceeds are used to retain and pay employees and for other qualifying
expenditures. The Company applied for a PPP loan in the amount of $3)1,300, which �vas approved
by the SBA on April 10, 2020.
The Company has eleeted to account for the PPP loan in accordance with Accountin� Standards
Codification {"ASC") 47U — Ueb�. The Company used the proceeds of the PPP loan in accordance
with the provisions of the CAR�S Act and applied for full forgiveness during the year. On
November 23, 2020, the Company was informed that the PPP loan has been forgiven and paid in full
by the SBA. As such, a gain on the forgiveness of the Paycheck Protection Program loan of $391,30U
is included on the accompanying statements of income and changes in stockholders' equity for the
year ended March 31, 2021.
Revenue Recognition
The Company's construction revenue is derived from contracts with customers, and the Company
determines the appropriate accounting treatment for each contract at the commencement of each
contract. Revenue is earned based upon an agreed-upon fixed price with the customer over time as
the construction progresses.
The Company accounts for a construction contract when: (i) it has approval and commitment from
both parties, (ii) the rights of the parties are identified, (iii) payment terms are identified, (iv) the
contract has commercial substance, and (v) collectability of consideration is probable. The Company
considers the start of a project to be when the above criteria have been met and the Company has
written authorization from the customer to proceed.
«
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (conJinued)
B. Summary of Signiticant Accounting Policies — continued
Revenue Recognition - continued
As the Company has a contractual right to payment for work performed, revenue is recognized over
time. Under this method, revenue recognized is measured principally by the costs incurred and
accrued to date for each contract as a percentage of the estimated total cost for each contract at
completion.
Contract costs include all direct material, labor, and indirect costs related to contract performance.
Changes in _job performance, job conditions, estimated contract costs and profitability, and final
contract settlements may result in revisions to costs and income, and the effects of these revisions are
recognized in the period in which the revisions are determined. Provisions for estimated losses on
uncompleted contracts are made in the period in which such losses are determined. This
measurement and comparison process requires updates to the estimate of total costs to complete the
contract, and these updates may include subjective assessments and_judgments.
The transaction price for the Company's contracts may include variable consideration, �vhich includes
changes to the transaction price for approved and unapproved change orders, claims, and incentives.
T'hese variable considerations are estimated by the Company as construction progresses and are
accountcd for as a modification of the existing contract and performance obligation.
The timing of customer billings is generally dependent upon advance billing terms, milestone billings
based on completion of certain phases of work, or when services are performed. Generally, under the
terms of the contract, the customer makes progress payments based on quantifiable measure of
performance by the Company. Progress payments, generally net of unounts retained, are paid by the
customer over the duration of the contract. The asset, "Contract assets," represents revenues
recognized in excess of amounts billed. The liability, "Contract liabilities," represents billings in
excess of revenues recognized.
lncome Taxes
Deferred income taxes are determined using the liability method in accordance with GAAP. Deferred
tax assets and liabilities are recognized fdr the future tax consequences attributable to differences
between the financial statement carrying amounts of existing assets and liabilities and their respective
tax bases. Deferred income taxes are measured using enacted tax rates expected to apply to taxable
income in years in which such temporary differences are expected to be recovered or settled. The
effect on deferred income taxes of a change in tax rates is reco�ized in the accompanying statements
of operations and changes in stoekholders' ec�uity of the period that includes the enactment date.
GAAP prescribes a comprehensive model for the financial statement recognition, measurement,
presentation, and disclosure of uncertain tax positions taken or expected to be taken in income tax
returns. The Company classifies any interest recognized on an underpayment of income taxes as
interest expense and classifies any statutory penalties recognized on a tax position taken as general
and administrative expenses. Management does not believe that it has taken a tax position that, if
challenged, would be expected to have a material effect on the financial statements or the effective
tax rate for the year ended March 31, 2021.
9
zt
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (conlinued)
B. Summary of Significant Accounting Policies — continued
lncome Taxes — continued
The Company files income tax returns in the United States federal jurisdiction and the state of Texas.
The tax years which remain subject to potential examination by major tax jurisdictions as of
March 31, 202 t, includes each of the years from 2018 through 2020. The Company has not incurred
any penalties or interest related to such tax retums and there are currently no returns under
examination.
Aclvertising
Advertising costs are expensed as incurred. The Company did not incur any advertising expense For
the years ended March 31, 2021 and 2020.
C. Property and Equipment
Property and ec�uipment consisted of the following at March 31,:
Construction equipment
Furniture and fixtures
Transportation equipment
Office equipment
Leasehold improvements
2021
$ 1,021,512
1,564
40U,547
17,�77
45,580
2020
Total property and equipment
Less accumulatcd depreciltion
Total property and equipment, net
� 858,420
1,5G4
387,294
15,414
45,580
1,487,08U 1,308,272
(687,98I) (621,641)
$ 799,091 $ 686,631
10
s�
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STAT'EMENTS (continued)
D. Contract Assets (Liabilities)
Information with respect to contract assets (liabilities) is as follows at March 31,:
2021 2020
Costs incurred on uncompleted contracts
Estimated earnings
$11,913,898 $17,713,176
1,228,173 1,856,901
Less billing to date
I 3,142,071 19,570,077
(12,727,100) (19,558,344)
$ 414,971 $ 11,733
Contract assets (liabilities) information is included in the accompanying balance sheets under the
following captions at March 31,:
Contract assets
Contract liabilities
2021 2020
$ 480,409 $ 288,236
(65,438) (276,503)
$ 414,971 $ 11,733
E. Stock Purchase
In August 2016, the Company acyuired 10 shares of its outstanding Class A common stock, but
subsequent(y reissued 3 of those shares, and acquired 765 shares of its outstanding Class B common
stock from various stockholders for a value oF approximately $780,500 (the "Stock Purchase"). The
Company paid $168,500 at closing and entered into two notes payable with these stockholders
totaling $612,000 (see Note G). The Company also paid approximately $35,000 in stock transaction
costs associated with the Stock Purchase during the year ended March 31, 2017.
Additionally, as part of the Stock Purchase, the Con�pany agreed to purchase 250 shares of Class B
common stock from a stockholder over a ten-year period ending in August 2025. The payments
associated with this agreement are expected to be $15,500 per year. The Company paid $15,500 for
25 shares of Class B coinmon stock during the years ended March 31, 2021 and 2020.
F. Line of Credit
The Company has a$500,000 line of eredit with a financial institution, which is collateralized by
certain assets of the Company. The line of credit matures in January 2022 and incurs interest at a rate
of 6.00%. As of March 31, 2021 and 2020, there were no amounts outstanding on this line of credit.
I1
4L
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (conlinued)
G. Notes Payable
In Au�ust 2016, in connection with the Stock Purchase, the Company entered into two notes payable
with the former stockholders totaling $612,000. The first note payable ("Note I") is for $383,450,
with a stated interest rate of 3.00% and maturity of September l, 2026. Note 1 requires monthly
principal and interest payments of $3,703 through August 2017, followed by quarterly principal and
interest payments of $11,136 through maturity. The second note payable ("Note Z") is for $228,550,
with maturity of September 1, 2026, and a stated interest rate of 3.00%. Note 2 requires monthly
principal and interest payments of $2,207 through August 2017, followed by quarterly principal and
interest payments of $6,637 through maturity. At March 31, 2021, the outstanding balance on Note 1
and Note 2 was approximately $222,000 and $132,000, respectively. Each note is collateralized by
the stock purchased. At March 31, 2020, the outstanding balance on Note 1 and Note 2 was
approximatety $259,U00 and $154,000, respectively.
The aggregate maturities of the notes payable at March 31, 2021 are as follows:
2022
2023
2024
2025
2026
Thereafter
$ 61,127
62,986
64,901
66,876
68,909
29,326
Total
H. Incomc Taxes
$ 354,125
[ncome tax (expense) benefit is comprised of the followin� for the year ended March 31,:
2021 2020
Current:
Federal
State
� 9,567 $ (52,691 }
(20,197) (4,895)
(10,630) (57,586)
Deferred:
Federal
(25,788) (73,964)
$ (36,418) $ (131,550)
12
S€
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (cvntinued)
A. Income Taxes — continued
Deferred tax assets and tiabilities consist of the following at March 31,:
Deferred tax liability:
Property and equipment
2021 2020
$ (1G1,645) $ (135,857)
Deferred income tax liability
I. Employee Benefit Plan
$ (161,645) $ (135,857)
The Company sponsors a profit sharing plan with a 401(k) feature (the "Plan") covering stibstantially
all employees. The Plan provides for employer matching contributions on employee contributions of
up to 3%. Costs incurred related to matching employee contributions totaled approximately $45,000
for the years ended March 3l, 2021 and 2020.
J. Risk Concentrations
The Company extends credit to its cuslomers in the nonnal course of business and generally requires
no collateral. This credit risk is considered by management to be limited, since there is little concern
of defautt due to the size of the customers.
At March 31, 2021, the Company had three customers lhat accounted for approYimately 97% of the
accounts receivable balance and two customers that accounted for approximately 91 % of the
retainage receivable on contracts. At March 31, 2020, the Company had two custorners that
accounted for approximately 91% of the Company's accounts receivable balance and three customers
that made up 80°/a of the retainage receivable on contracts.
For the year ended March 31, 2021, two customers
Company's total revenues. For the year ended March
approximately 89% of the Company's total revenues.
accounted for approximately G8°/u of the
31, 2020, three customers accounted for
K. Commitments and Contingencies
Leases
The Company leased of6ce and warehouse space from a stockholder under a ten-year lease
agreement, which would have matured on December 31, 2025. Tttie lease payments were $I,500 per
month. However, on September 12, 2019, the leased property was acquired by a related-party entity
and a new lease was entered into with that entity. The new lease payments are $5,200 per month and
the term is ten years.
13
9l
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (cvntinued)
K. Commitments and Contingencies — continued
Leases — eontinuecl
Total lease expense approximated $68,000 and $62,000 for the years ended March 31, 2021 and
2020, respectively. Future minimum annual lease commitments as of March 31, 2021, are as follows:
2022
2U23
2024
2025
2026
Thereafter
$ 62,400
62,400
62,400
62,400
G2,400
213,200
$ 525,200
Risks and Uneertainties
In March 2020, the World Health Organization declared the outbreak of a novel coronavirus
(COVtD-19) as a pandemic, which continues to spread throughout the United States of America.
Efforts implemented by local and national govemments, as well as businesses, including temporary
closures, are expected to have adverse impacts on local, national, and global economies. Although
the disruption is currently expected to be temporary, there is uncertainty around the duration and lhe
related economic impact. Therefore, while management expects this matter to have an impact on the
Company's activities, the impact to the resutts of operations and financial position cannot be
reasonably estimated at this time.
L. Related-Party Transactions
At March 31, 2021, the Company had an outstanding note receivable from a related party for
approximately $7,000. The note receivable bears a 2% interest rate and matures on May 8, 2021. At
March 31, 2Q20, the Company had an outstanding note receivable from a related party for
approximately $10,000. The note receivable bore a 2% interest rate and matured on June 14, 2020.
The Company leases office and warehot�se space from a related-party entity (see Note K). Total lease
expense with related pariies approximated $68,000 and $42,000 for the years ended March 31, 2021
and 2020, respectively.
M. Surety Bonds
The Company, as a condition for entering into some of its construction contracts, must provide a
surety bond collateralized by contracts receivable. The Company had outstanding surety bonds as of
March 31, 2021, for approximately $17,705,000. The Company had outstanding surety bonds as of
March 31, 2020, for approximately $5,477,000.
14
Ll
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEh�ENTS (con/inuerl)
N. Subsequent Events
In preparing the financial statements, the Company has evaluated all subsequent events and
transactions for potential recognition or disclosure through June 22, 2021, the date the financial
statements were available for issuance.
15
8L
SUPPLEMENTARY SCHEDULES
I 6t
DEAN E�,ECTRIC, INC.
SCHEDULES OF EA.RNINGS FROM CONTRACTS
Year Ended March 31, 2021
Contracts completed during the year
Contracts in progress at year-end
Total
Ycar Ended March 31, 2020
Contracts completed during the year
Contracts in progress at year-end
Total
Revenues
Earned
$ 5,773,780
Cost of
Sales
$ 5,393,069
Gross
Profit
$ 380,711
11,455,461 10,514,441 941,020
$ 17,229,241 $ 15,907,510 $ 1,321,731
Revenues
Earned
$ 404,4C3
Cost of Gross
Sales Pro�t
$ 375,74C $ 28,717
19,005,706 17,203,635 1,802,07 I
$ 19,410,169 $ 17,579,381 $ 1,830,788
See independent accountants' review report.
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Dean Electric, Inc. dba Dean Construction
701 Hall Street, Cedar Hiil, Texas 75104
Phone: 972-291-7153 Fax: 972-291-7172
June 22, 2021
Whitley Penn LLP
640 Taylor Street, Suite 2200
Fort Warth, Texas 76102
We are providing this letter in connection with your reviews of the financial statements of �ean Electric,
Inc. {the "Company"), which comprise the batance sheets as of Marth 31, 2021 and 2020, and the
related statements of income and changes in stockholders' equity and cash flows for the years then
ended, and the related notes to the financial statements, for the purpose of obtaining limited assurance
as a basis for reporting whether you are aware of any material modifications that should be made to the
financial statements in order for the statements to be in accordance with accounting principles generally
accepted in the United States ("U.S. GAAP").
Certain representations in this letter are described as being limited to matters that are material. Items are
considered material, regardless of size, if they involve an omission or misstatement of accounting
information that, in the light of surrounding circumstances, makes it probable that the judgment of a
reasonable person relying on the information would be changed or influenced by the omission or
m isstatement.
We represent that, to the best of our know{edge and belief, having made such inquiries as we considered
necessary for the purpose of appropriately informing ourselves as of the date of this letter:
Financial Statements
l. We acknowledge our responsibility and have fulfitled our responsibilities for the preparation
and fair presentation of the financial statements in accordance with U.S. GAAP.
We acknowledge our responsibiliry and have fulfilled our responsibilities for the design,
implementation, and maintenance of internal control relevant to the preparation and fair
presentation of the financial statements that are free from material misstatement, whether due
to fraud or enor.
3. We acknowledge our responsibility for the design, implementation, and maintenance of
internal control to prevent and detect fraud.
9Z
4. Signiftcant assumptions used by us in making accounting estimates, including those
measured at fair value, are reasonable.
5. Related-party relationships and transactions have been appropriately accounted for and
disclosed in accordance with the requirements of U.S. GAAP.Guarantees, whether written or
oral, under which the Company is contingently liable have been properly accounted for and
disclosed in accordance with the requirements of U.S. GAAP.
6. Significant estimates and material concentrations known to management that are requiced to
be disciosed in accordance with Financial Accounting Standards Board ("FASB")
Accouating Standards Codification ("ASC")275, Risks and Uncertarnties, have been properly
accounted for and disclosed in accordance with the requirements of U,S. GAAP.
7. There are no material transactions that have not been properly recorded in the accounting
records underlying the financial statements.
8. All eve�ts subsequent to the date of the financial statements and for which U.S. GAAP
requires adjustment or disclosure have been adjusted or disclosed.
9, The effects of uncorrected misstatements are immaterial, both individually and in the
aggregate, to the fina�cial statements as a whole. A list of the uncorrected misstatements is
attached to the representation (etter in Exhibit B.
10. You have recommended certain adjusting journal entries, which are attached to the
representation letter in Exhibit A. We are in agreement with the adjusting journal entries you
have proposed, and they have been posted to the Company's accounts.
I1. We are not aware of any pending or threatened litigation, ciaims, or assessments, or
unasserted claims or assessments that are required to be accrued or disclosed in the financial
statements in accordance with U.S. GAAP, and we have not consulted a lawyer concerning
litigation, claims, or assessments.
12. In regards to the financial statement preparation, tax retum preparation, and deferred tax
calculation services perfortned by you, we have:
a) Made all management decisions and perforrned all management functions;
b) Assigned a competent individual to oversee the services;
c) Evaluated the adequacy and results of the services performed;
d) Evaluated and accepted responsibility for the results of the services performed; and
13. Established and maintained internal controls, including monitoring ongoing activities.With
�espect to the supplementary information accompanying the financial statements:
a. We acknowledge our responsibility for the presentation of the supplementary
information in accordance with U.S. GAAP.
b. We believe the supplementary information, including its form and content, is fairly
presented in accordance with U.S. GAAP.
LZ
c. We believe the significant assumptions or interpretations underlying the
measurement or presentation of the supplementary information, and the basis for our
assumptions and interpretations, are reasonable and appropriate in the circumstances.
d. When the supplementary information is not presented with the reviewed financial
statemenis, management will make the reviewed financial statements readily
available to the intended users of the supplementary information no later than the
date of issuance by the entity of the supplementary information and the accountants'
report thereon.
Information Pravided
14. We have responded fully and truthfully to all inquiries made to us by you during your
reviews.
I5. We have provided you with:
a. Access to all information, of which we are aware, that is relevant to the preparation
and fair presentation of the financial statements, such as records, documents, and
other matters;
b. Additional information that you have requested from us for the purpose of the
reviews; and
c. Unrest�icted access to persons within the entity from whom you determined it
necessary to obtain review evidence.
16. All transactions have been recorded in the accounting records and are reflected in the
financial statements.
17. There were no minutes of the meeting of the stockholders, directors, and committees of
directors, or summaries of actions of recent meetings.
18. We have no knowledge of any fraud or suspected fraud that affects the entity and involves:
a. Management;
b. Employees who have significant roles in internat control; or
c. Others when the fraud could have a material effect on the Fnancial statements.
19. We have no knowledge of any allegations of fraud, or suspected fraud, affecting the entiry's
financial statements as a whole communicated by employees, former employees, ana(ysts,
regulators, or others.
20. We have no plans or intentions that may materially affect the carrying amounts or
classification of assets and liabilities.
21. We are not aware of any instances of noncompliance or suspected noncompliance with laws
or regulations whose effects should be considered when preparing the financial statements.
22. We are not aware of any pending or threatened litigation and claims whose effects should be
considered when preparing the financial statements, and we have not consulted legal counsel
concerning litigation or claims.
8Z
23. We have disclosed to you any other material liabilities or gain or loss cantingencies that are
reyuired to be accrued or disclosed by FASB ASC 450, Contingencies.
24. We have disclosed to you the identity of the entity's related parties and al! the related-party
relationships and transactions of which we are aware.
25. No material losses exist (such as from obsolete inventory or purchase or sale commitments}
that have not been properly accrued ar disclosed in the financial statements.
26. The Company has satisfactory title to all owned assets, and no liens or encumbrances on such
assets exist, nor has any asset been pledged as collateral, except as disclosed to you and
reported in the financia) statements.
27. We have complied with all aspects of contractual agreements that would have a material
effect on ihe financial statements in the event of noncompliance.
28. Receivables recorded in the financial statements represent valid claims against debtors for
sales or other charges arising on or before the balance sheet date and have been reduced to
their estimated net realizable value. All potential losses estimated in management's judgment
to be incurred related to receivables as ofyear-end have been properly reserved for.
29. There have been no communications from regulatory agencies concerning
noncompliance with, or deficiencies in, financial reporting practices.
30. There are no estimates that may be subject to material change in the near-term that have not
been properly disclosed in the financial statements. We understand that near-term means the
period within one year of the date of the financial statements. In addition, we have no
knowledge of concentrations existing at the date of the ftnancial statements that make the
company vulnerable to the �isk of a near-term severe impact that have not been properly
disclosed in the financiat statements.
31. We have reviewed long-lived assets for impairment whenever events or changes in
circumstances have indicated that the carrying amount of the assets might not be recoverable
and have appropriatety recorded the adjustments. [n management's opinion, there has been
no permanent impairment to the value of the Company's long-lived assets as of March 31,
2021.
32. We have disclosed to you all sales terms, including the rights of return or price adjustments.
33. The Company has not guaranteed the debt of others.
34. W ith regard to contracts completed during the years and in process as of
March 31, 2021 and 2020:
a. The (ists of contracts completed during the years and in process as of
March 31, 2021 and 2020, represent a complete listing of all contract activity of the
Company, and there were no unauthorized or unrecorded uses of the Company's
assets on any projects during the years. Furthermore, there were no unrecorded
revenues for contract-related work during the years.
b. The Company uses the over-time method of recognizing revenue on all of our
contracts in progress for financial reporting purposes. We believe this to be an
acceptable method in accordance with U.S. GAAP. We believe that our estimates of
costs to comptete and extent of progress on atl contracEs in progress are reasonable
and attainable.
6Z
c. Adequate provisions for losses have been provided on all loss contracts, if any.
d. There are no material unapproved change orders, unrecorded claims, or contract
postponements or cancellations as of the date of this letter.
35. We have a"use it or lose it" paid time off policy. As such, we have not accrued an expense
related to unused time.
36. We have adhered to the five components of revenue recognition under FASB ASC 606,
Revenue from Contracts wilh Custo►ners, including accounting for any potential instances of
variable consideration, to the best of our ability.
37. We are not aware of any rebates, rewards, allowances, or similar items that we have obtained
that have not been discussed that would impact revenue recognition under FASB ASC 606.
38. We are not aware of any future pricing commitments we have made to customers in excha�ge
for current business.
34. Management does not intend to provide refunds or concessions that a�e not required under the
provisions of any contractual arrangement, and the Company's historical performance
supports such intent.
40. The Company has evaluated under ASC 450, Contingefrcres, whether it has any unremitted
sales and use tax obligations as a result of physical presence nexus or economic nexus and
determined that there are no obligations or disciosures required under ASC 450.
41. Adequate provision has been made for all federal, state, and other local taxes on income,
including amounts applicable to prior years. Recognition has been given to significant
adjustments, which have been made or are expected to be proposed by any taxing
authorities. The Companies are responsibfe for determining the amount of the deferred tax
asset valuation allowance, if any. The deferred tax provision recorded represents our best
estimate based on the available evidence and has been dete�mined pursuant to the
provisions of FASB ASC Topic No. 740, Income Toxes, including the Companies' estimation of
future taxable income and the valuation allowance recorded is required or needed to
reduce the total deferred tax assets and liabilities to an amount that wiil more likely than
not be realized. FASB ASC Topic No. 740 tax planning tax strategies used in determining the
amount of the valuation allowance are prudent and feasible strategies that would, if
necessary, be implemented. There are no uncertain tax positions that we are aware af and
proper disclasure has been made in the financial statements.
42. We have evaluated the impact of the COVID-19 outbreak, which was declared a pandemic by
the World Health Organization in March 2020, on our financial statements including the
accompanying footnotes, including its impact on the nature of our operations, accounting
estimates, vulnerabiliry ta significant concentrations, and subsequent event disclosures in
accordance with ASC 275 - Risks and Uncertain�ies and ASC 855 - Subsequerrt Events. We
have also contemplated the effect of the impact of the COVID-19 pandemic and the resulting
economic decline in the assessment of the Company's ability to continue as a going concern
for at least one year from the date of the issuance of the fnancial statements. The Company
has included related disclosures in Note K Commitments and Contingencies, and such
disclosures include all relevant information based on our knowled�e as oi the date of this
letter.
o�
43. In April 2020, we applied for and received approximately $391,000 under the Paycheck
Protection Program ("PPP"} established by the Coronavirus Aid, Relief, and Economic
Security ("CARES") Act of 2020. As of March 31, 2021, we have applied for and received
forgiveness for the April 2020 PPP loan of approximately $391,000.
44. In April 2020, we applied for and received the Economic lnjury Disaster Loan ("EEDL")
Advance of $l0,000 from the U.S. Smal) Susiness Administration ("SBA") under the E1DL
program. The SBA refers to this program as an advance, however, part of the CARES Act of
2020, changed the program to offer an emergency grant of up to $10,000 per business. This
grant doesn't have to be repaid.
45. We have read and reviewed the financial statements and notes to the financial statements to
which this letter refers and agree with such financial statements and the notes to fnancial
statements, and the amounts, disclosures, and presentation contained within, and approve of
their issuance.
/
Greg Fire , Preside
Gs
Exhibit A
Corrected Misstatements
Dean Electric, Inc.
Entry to adjust the current poriion of long term debt
2290 Current Portion Long Tenn Debt
2990 Less Current Portion Long Tenn
Total
To record accrual for franchise tax expense at year end
8561 Franchise Tax Expense
2255 Franchise Tax Accrued
Total
�'o reclass retainage receivable amount out of payable
1220 Retainage Receivable
2030 Retaina�e Payablc
Total
To record current year %deral income tax aciivity
1200-)9 Income Taxes Receivable
9030 Deferred T�x Expense (Beneiit)
1410 Prepaid Income "I'axes
2940 Deferred Income 'Caxes
WP6 Ct►rrent Tax Expense
Total
� 109,419
$ 109,419
$ 11,024
$ 11,024
$ 14,789
$ 14,789
I
� 136,847
25,788
$ 109,419
$ 109,419
� 11,024
$ 11,024
� 14,789
$ 14,789
� -
( l 1,024)
� 127,28U
25,788
9,567
$ 162,635 $ 162,635 (16,221)
Total Decrease to Net Income $ (27,245)
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Exhibit B
Uncorrected Misstatements
Dean Electric, Inc.
Entry to record additional payroll accrual
7990 Salary, Wages
2262 Accrued Wages and Salaries
Total
� 18,274
$ 18,274
To record additional re�enues related to jobs completed after
year end
1290 Cost and F,stiinated Eamings in
4010 Construction Revenue
Total
5 11,076
� 18,274
$ 18,274 � (18,274)
� 11,07G
$ 11,076 $ 11,076 11,07G
Total Decrease to Net Income (7,198)
Prior Year Turnaround Effect 9,U09
Cumulative Effect After i'rior Year Turnaround Effect $ 1,811
TEAM RESUMES
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EXPERIENCE
36 years
EDUCATION
Tarrant County Junior
College
Greg
FIREBAUGH
Project Role: Project Manager/Estimator
r��
aean
CON5Tl2 UCT/ON
�
GREGORY FIREBAUGH is a high-energy professional who leads Dean
Construction through change and challenge to profitable growth.
Gregory is a strategic problem solver who envisions smarts solutions
and executes with urgency across all levels of our organization.
A hands-on leader with extensive construction experience and
leadership abilities used to keep the team focused and productive.
Gregory is also skilled in negotiating partnerships and alliances with
the ability to capture opportunities and catapult new ventures.
PROJECT EXPERIENCE
• CARPENTER PARK NORTH
Plano, Texas
• DREAM PARK
Fort Worth, Texas
• CARPENTER PARK SOUTH
Plano, Texas.
• FRONTIER PARK
Prosper, Texas
• BICENTENNIAL PARK PHASE II
Southlake, Texas
Tyler Firebaugh
5428 C. R. 206
Grandview, TX 76050
Professional Experience
Construction Supervisor — Dean Construction, Cedar Hill, Texas (2006 to present)
• Schedule and assign personnel to projects.
• Responsible for company policy enforcement and safety procedure implementation.
• Direct and operate as required all construction equipment (backhoes, motor graders, box blades, trackhoe,
scrapers, etc...).
• Schedule and order equipment rentals and materials.
� Conduct initial site assessments.
• Coordinate project management meetings.
McClennon, Waco, Texas
• Two years, studying design.
Greg Firebaugh
Project
Manager/Estimator
Kirsten George �� Tyler Firebaugh
Office Manager � � Superintendent
Toby Baker
Construction Layout
Preconstruction Services
One of the keys to a successful project is our pre-construction services, when the greatest opportunity
exists to have a positive impact on the cost, schedule and value of your project, long before construction
begins in the field. Our management team has the experience and expertise to provide you with timely
and accurate information regarding project cost, schedule, alternative systems and materials, and other
value-added alternatives that will help you make informed decisions to achieve the most value for your
construction dollar and meet the needs of the end users at the same time.
With Dean Construction, you have the added benefit of working with the same project team throughout
pre-construction and construction for a seamless process from start to finish.
Our Pre-Construction Service include:
• Work with Owner & A/E Design Team to:
• Establish Acceptable Budget and Overall Project Schedule
• Determine Site Conditions, Constraints & Phasing Requirements
• Incorporate these requirements into the Construction Schedule & Bid Package
• Preliminary Project Schedule that incorporates Pre-Construction & Construction
• Regular Project Meetings with the Owner & A/E Design Team
• Schematic & Design Development Budget Estimates:
• Solicit, Obtain & Evaluate Subcontractor/Supplier Budget Estimates
• Provide Scope Description & Schedule of Values with Each Budget Estimate
• Track Budget Estimates against Project Budget
• Identify Cost Issues & Potential Cost Saving Alternatives
• Evaluate Potential Cost Saving Alternatives
• Advise on Selection of Materials & Equipment
• Long Lead Items:
• Schedule Early Bid Packages for Any Long Lead Delivery Items
• Purchase/Pre-Purchase Any Long Lead Items necessary to meet the Project Schedule
• Assign Long Lead Items to Successfu! Subcontractors early in the project
• Evaluate Value Engineering and Potential Cost Saving Alternatives
• Price Alternative Systems
• Price Alternative Materials, Details and Construction Methods
• Check Availability and Lead Times of Materials & Equipment
• Review Systems and Details for Constructability & Economy
• Prepare Bidder's list and Submit for Owner Input & Approval
• Subcontractor/Vendor Pre-Qualification
• Guaranteed Maximum Price:
• Bid Packaqes:
• Bid Invitations
• Instructions to Bidders
• P/ans, Specifications & Addenda
• Scope of Work
• Construction Schedule
• Project Conditions & Constraints (!f Any)
• Solicit Sub/Vendor Bids
• Receive and Analyze 8ids from Subcontractors & Vendors
• Establish & Submit Guaranteed Maximum Price, Scope Description & Clarifications
• Obtain Any Permits Necessary for Construction
• Issue Subcontractor/Purchase Orders to the Successful Subcontractor & Vendor
• Set-Up Controls for Construction
On multiple projects Dean Construction has utilized early out packages on earthwork and utilities to
keep projects on schedule due to unforeseen & uncontrollable delays at no additional cost to the
Owner. We regularly work with our extensive list of subcontractors and in house experts to offer time
and money saving changes to the project prior to construction to meet the proposed budget.
Our bid packages are written for each job to define the scope of work in each item and verify that each
subcontractor is bidding on the same thing. This reduces the overall cost of the project and allows for a
faster transition from bidding to a guaranteed maximum price.
Construction Approach
Successful Projects require a workable and effective game plan. Our preconstruction planning,
scheduling and coordination are critical elements to provide the tools necessary to deliver a quality
project on time or ahead of schedule. With Dean Construction, you have the added value of a Project
Manager and General Superintendent that are responsible for the project throughout pre-construction
and construction for a seamless process from start to finish. Having a hands on Superintendent is one of
the greatest values during construction because this allows us to change direction immediately due to
weather or uncontrollable delays. Dream Park is a prime example of weather delaying the construction
progress. Our superintendent was able to finish on time by adjusting work elements to allow work to
continue safely in wet conditions.
Our Construction Services include:
• Regular Project Meetings with the Owner & A/E Design Team
• Schedule & Facilitate Pre-Construction / Pre-Installation Meeting Requirements
• Daily Management & Coordination of Field Operations
• Management & Coordination of Subcontractors Field Operations
• Weekly Jobsite Meetings with Our Superintendent & Subcontractors
• Schedule & Confirm Lead Times/ Delivery Dates for Shop Drawings & Submittals
• Schedule & Confirm Lead Times/Delivery Dates for Material & Equipment
• Coordination of Plans & Specifications with Field Conditions
• Coordination of Shop Drawings, Submittals and RFIs with Plans & Specifications
• Compliance of Work with Plans & Specifications
• Schedule & Facilitate Testing & Inspections Requirements
• Obtain Temporary Permits & Certificates Necessary for Construction
• Prepare and Submit As-Built Drawings for Closeout Documentation
• Coordination, Schedule and Complete Punch List
• Delivery of the Project On Time or Ahead of Schedule
• Delivery of the Project Within or Under Budget
QA/QC and Safety P/an
Dean will utilize the submittal process to make sure that all materials and equipment meet or exceed
the project specifications set forth by the owner and the design team. No substitution of materials or
equipment will be allowed without written consent of the owner and the design team. We take pride in
providing a superior product to the City. Our reputation for quality and durability is important to us. We
will never allow a lesser product, work or finish on our projects. If such an incident were to arise, Dean
would correct the problem immediately at no extra cost to owner.
Dean Construction is committed in all its endeavors to provide a safe and healthy working environment,
We will take a proactive approach to prioritize the safety of the general public and all construction
workers. We will work together with the owner to determine the most suitable locations for temporary
construction access, staging and a laydown area, temporary construction fence and sequencing of
material deliveries to the site in a collaborative effort will allow the owner to maintain their essential
operations. The temporary staging and access plan will need to address pedestrian traffic, fire
department access and public safety.
We have taken steps to exceed all requirements on the ongoing corona virus issue including:
• Daily temperature checks on all onsite personnel
• Requiring anyone with a temperature above 99.6 to self-quarantine for two weeks after any
fever is recorded
Enforcing social distancing
Requiring facemasks when employees are in an enclosed area
• Treating restroom and common areas three times a day with germicide
• Each employee is issued a spray bottle of germicide for their personal use
Our Safety Program includes:
• Written Safety Program
• Safety Training
• Safety Inspections
• Weekly Safety Meetings
• Interim Life Safety Measures
• Infection Control Measures
Our project manager will be responsible for the development of a project specific site control/safety
plan during preconstruction and periodic safety inspections during construction. Our on-site
superintendent is responsible for daily site control and safety, coordination of construction activities
with the owner and will attend all project meetings during construction.
Subcontractor Safety Programs must conform to the safety program requirements of Dean Construction
and the owner. Subcontractors are also required to submit documentation, such as competent person
designations, written haz/com programs, MSDS, proof of training certifications and weekly safety
meeting minutes.
Cost and Schedule Control
During the early stages of the design process Dean Construction, the owner & the design team will work
closely on the park features. Accurate and current job costs and constant communication will ensure
real cost data and adherence to the City's project budget. Design review between Dean Construction,
the owner & the design team will allow for accurate cost considerations much earlier in the process than
the normal Design-Bid-Build method. Dean Construction normally suggest a 5% contingency on all
project which if unused will be returned to Owner.
MBE Utilization P/an
We are familiar with the City Of Fort Worth MBE Utilization Program. Dean Construction was able to
meet the requirements on the Dream Park project and will meet the requirements for this project as
well. Our approach has allowed Dean Construction to successfully meet MBE/WBE/DBE participation
goals on projects for West Lawther Hike and Bike Trail at White Rock Lake Park Phase I and Phase II,
Kiest Park Athletic Complex in The City of Dallas as well as Dream Park in The City of Fort Worth.
Our policy is to advertise all bid opportunities on the DFW Minority website as well as following each
individual city's requirement.
Dean Construction is proud of the continued success we have had implementing this approach for our
clients and our community. We consistently look to implement new strategies to make a more
substantial impact such as our creative bid packaging, community partnerships, and continued
education on the importance of diversity within the construction industry.
Through the sustained efforts of our Diversity Coordinator, we have fostered a culture of inclusion that
is evident on every project as well as in our internal hiring procedures. At Dean Construction, we
understand that regular training and workforce development is an integral part of encouraging diversity
and inclusion in our own organization as well as the industry as a whole.
Dean Construction currently has a few preferred MBE/WBE/DBE contractors that we are currently
working with on existing projects. If Dean is selected for CMAR for North Park Improvement, we would
start contacting MBE/WBE/DBE during the pre-construction phase to help with budgeting in hopes to
create interest in the project. Once we issues plans & specs for bidding, our staff will reach out to
MBE/WBE/DBE contractors in Fort Worth to notify them of the current bid opportunity.
Dean Construction will provide a plan to meet the goals of this project however without full design it is
difficult to foresee which MBE we will be using. Rest assured we will make the City of Fort Worth's goal
our goal.
CMAR – CFW Fire Station Park Expansion Project # C02638 Page 14 of 14
Agreement Form 01/19/22
ATTACHMENT C
Standard General Conditions for a CMAR Contract
CIT Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 2 of 71
Revised January 2020
STANDARD GENERAL CONDITIONS OF A
CMAR AGREEMENT
TABLE OF
CONTENTS
Page
Article 1 – Definition s and Terminology .......................................................................................................... 6
1.01 Define d Terms............................................................................................................................... 6
1.02 Terminology ................................................................................................................................. 12
Article 2 – Preliminar y Matters ........................................................................................................................ 13
2.01 Copie s of Documents ................................................................................................................... 13
2.02 Commencement of Contrac t Time; Notic e to Proceed ............................................................... 13
2.03 Starting the Work ......................................................................................................................... 13
2.04 Before Starting Construction, Baselin e Schedules ...................................................................... 14
2.05 Preconstruction Conferenc e ......................................................................................................... 14
2.06 Public Meeting ............................................................................................................................. 14
Article 3 – Contrac t Documents : Intent, Amending, Reus e .......................................................................... 14
3.01 Intent............................................................................................................................................. 14
3.02 Reference Standards..................................................................................................................... 15
3.03 Reporting and Resolvin g Discrepancies...................................................................................... 15
3.04 Amending and Supple mentin g Contrac t Document s ................................................................. 16
3.05 Reus e of Documents ................................................................................................................... 16
3.06 Electronic Data ............................................................................................................................ 16
Article 4 – Availabilit y of Lands ; Subsurfac e and Physica l Conditions ; Hazardous Environmental
Conditions ; Reference Points......................................................................................................... 17
4.01 Availab ilit y of Lands ................................................................................................................... 17
4.02 Subsurfac e and Physica l Conditions ........................................................................................... 17
4.03 Differing Subsurfac e or Physica l Conditions .............................................................................. 18
4.04 Underground Facilitie s ................................................................................................................ 19
4.05 Referenc e Points .......................................................................................................................... 20
4.06 Hazardous Environmenta l Condition at Sit e ............................................................................... 20
Article 5 – Indemnity, Bonds and Insuranc e .................................................................................................... 21
5.01 Indemnification................................................................................................................................ 21
5.02 Bonds............................................................................................................................................ 22
5.03 Certificates of Insuranc e .............................................................................................................. 23
5.04 Categories of Insurance ............................................................................................................... 24
5.05 Insurance Requirements……………………………………………………………………...25
5.06 Acceptance of Bonds and Insurance; Option to Replace ………………..………………………………..27
CIT Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 71
Revised January 2020
Article 6 – CMAR’s Responsibilitie s .............................................................................................................. 27
6.01 Supervision and Superintendenc e............................................................................................... 27
6.02 Labor ; Working Hours ................................................................................................................. 28
6.03 Solicitation of Construction- Phase Work.................................................................................. 28
6.04 Service, Material and Equipment................................................................................................ 29
6.05 Project Schedule .......................................................................................................................... 29
6.06 Substitutes and “Or Equals”........................................................................................................ 30
6.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 32
6.08 Wage Rates ................................................................................................................................ 33
6.09 Patent Fees and Royalties……………………………………………………………………. 34
6.10 Permit s and Utilitie s .................................................................................................................... 35
6.11 Laws and Regulations ................................................................................................................. 35
6.12 Taxe s ........................................................................................................................................... 36
6.13 Use of Sit e and Othe r Areas ....................................................................................................... 36
6.14 Record Document s ...................................................................................................................... 37
6.15 Safety and Protection .................................................................................................................. 37
6.16 Safety Representative.................................................................................................................. 38
6.17 Hazard Communicatio n Progra ms ............................................................................................. 38
6.18 Emergencies and/or Rectification............................................................................................... 38
6.19 Submittals and Sa mples ........................................................................................................... 39
6.20 Continuing the Wor k................................................................................................................... 40
6.21 CMAR’s General Warranty and Guarante e ................................................................................ 40
6.22 Additional Professional Design Services .................................................................................. 41
6.23 Righ t to Audit.............................................................................................................................. 42
6.24 Nondiscriminatio n....................................................................................................................... 42
Article 7 – Othe r Wor k at the Sit e ................................................................................................................... 42
7.01 Related Work a t Sit e ................................................................................................................... 42
7.02 Coordination................................................................................................................................ 43
Article 8 – City’s Responsibilitie s................................................................................................................... 43
8.01 Communications to CMAR......................................................................................................... 43
8.02 Furnis h Data ................................................................................................................................ 43
8.03 Pay Whe n Due ............................................................................................................................ 44
8.04 Change Orders ............................................................................................................................. 44
8.05 Inspections , Tests, and Approvals .............................................................................................. 44
8.06 Limitation s on Cit y’s Responsibilitie s ....................................................................................... 44
8.07 Undisclose d Hazardous Environmenta l Condition ................................................................ …..44
Article 9 – City’s Observation Status Durin g Construction ........................................................................... 44
9.01 City’s Projec t Representative ..................................................................................................... 44
9.02 Visit s to Sit e ................................................................................................................................ 45
9.03 Authorize d Variation s in Wor k .................................................................................................. 45
9.04 Rejecting Defective Work .......................................................................................................... 45
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9.05 Determination s for Wor k Performe d .......................................................................................... 45
9.06 Decision s on Require ments of Contrac t Documents and Acceptability of Wor k ................... 45
Article 10 – Change s in the Work; Claims; Extra Wor k ................................................................................ 46
10.01 Authorize d Change s in the Work ............................................................................................... 46
10.02 Unauthorize d Change s in the Wor k ........................................................................................... 46
10.03 Execution of Change Orders....................................................................................................... 46
10.04 Extra Wor k .................................................................................................................................. 46
10.05 Notificatio n to Surety .................................................................................................................. 47
10.06 Contrac t Claims Process ............................................................................................................. 47
Article 11 – Cos t of the Work; Allowances; Unit Pric e Work....................................................................... 48
11.01 Cos t of the Wor k ......................................................................................................................... 48
11.02 Allowance s/Contingency ............................................................................................................ 54
11.03 Unit Pric e Work .......................................................................................................................... 54
11.04 Additional Compensation ……………………………………………………………………55
Article 12 – CMAR’s Fee, Change of Contrac t P rice ; Change of Contrac t Time, Delays............................ 55
12.01 CMAR’s Fee ................................................................................................................................ 55
12.02 Change of GMP ........................................................................................................................... 55
12.03 Change of Contract Time ........................................................................................................... 56
12.04 Delays……………..…………………………………………………………………………. 56
Article 13 – Tests and Inspections ; Correction, Remova l or Acceptance of Defective Wor k ...................... 57
13.01 Notic e of Defects ........................................................................................................................ 57
13.02 Access to Wor k ........................................................................................................................... 57
13.03 Tests and Inspections .................................................................................................................. 57
13.04 Uncovering Wor k........................................................................................................................ 58
13.05 Cit y Ma y Stop the Wor k ............................................................................................................. 58
13.06 Correction or Remova l of Defective Wor k ................................................................................ 59
13.07 Correction Perio d ........................................................................................................................ 59
13.08 Acceptance of Defective Wor k................................................................................................... 60
13.09 Cit y Ma y Correc t Defective Wor k ............................................................................................. 60
Article 14 – Payments to CMAR and Completio n ......................................................................................... 61
14.01 Schedule of Values...................................................................................................................... 61
14.02 Progres s Payments ...................................................................................................................... 61
14.03 CMAR’s Warranty of Title ........................................................................................................ 63
14.04 Partia l Utilizatio n ........................................................................................................................ 63
14.05 Fina l Inspection .......................................................................................................................... 64
14.06 Fina l Acceptance ......................................................................................................................... 64
14.07 Fina l Payment.............................................................................................................................. 64
14.08 Fina l Completio n Delayed and Partia l Retainage Release ........................................................ 65
14.09 Waive r of Claims ........................................................................................................................ 65
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Article 15 – Suspension of Work and Terminatio n ........................................................................................ 66
15.01 Cit y Ma y Suspend Work............................................................................................................. 66
15.02 Cit y Ma y Terminat e for Caus e ................................................................................................... 66
15.03 Cit y Ma y Terminat e For Convenienc e ....................................................................................... 68
Article 16 – Dispute Resolutio n ...................................................................................................................... 70
Methods and Procedure s ..................................................................................................................... 70
Article 17 – Miscellaneous .............................................................................................................................. 70
17.01 Givin g Notic e .............................................................................................................................. 70
17.02 Computation of Times ................................................................................................................ 71
17.03 Cumulativ e Remedie s ................................................................................................................. 71
17.04 Surviva l of Obligation s ............................................................................................................... 71
17.05 Headings ...................................................................................................................................... 71
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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Whereve r use d in thes e General Conditions or in othe r Contrac t Documents , the terms listed belo w
have the meanings indicate d whic h are applicable to both the singula r and plura l thereof, and words
denoting gende r shall includ e the masculine , feminin e and neuter. Said terms are generally capitalize d
or written in italics , but not always. Whe n use d in a context consistent with the definitio n of a listed -
define d term, the term shall have a meaning as define d belo w whether capitalized or italicize d or
otherwise . In additio n to terms specifically de fined , terms wit h initial capita l letters in the Contrac t
Document s includ e references to identifie d article s and paragraphs, and the title s of othe r documents or
for ms.
1. Addenda—Written or graphic instru ments issued prior to the opening of Bid s whic h clarify, corr ect,
or change the Biddin g Require ments or the propose d Contrac t Documents.
2. Agreement—The writte n instru ment memorializing the understanding between Cit y and CMAR
regarding prosecution of the Work.
3. Allowance –Funds, if any, reserved unto the Project by the City for City’s use .
4. Applicatio n for Payment—The for m acceptable to Cit y which is to be use d by CMAR during the
cours e of the Wor k in requesting progres s or fina l payments and whic h is to be accompanie d by suc h
supporting documentation as is require d by the Contrac t Documents.
5. Asbestos—Any material tha t contains mor e tha n one percent asbestos and is friable or is releasin g
asbestos fiber s int o the air above current action levels establishe d by the United State s Occupationa l
Safety and Health Administra tion.
6. Awar d – Authorization by the Cit y Council for the Cit y to ente r int o an Agree ment.
7. Bid —The offer or proposa l of a Bidde r submitted on the prescribe d for m setting forth the price s
for the Wor k to be performed.
8. Bidder—The individua l or entit y who submit s a Bid directly to CMAR. CMAR may be a Bidder
should it seek to self-perform portions of the Work.
9. Biddin g Documents—The Biddin g Require ments and the propose d Contrac t Documents (includin g
all Addenda).
10. Biddin g Requirements—The advertise ment or Invitation to Bid , Instructions to Bidders , Bid securit y
of acceptable form, if any, and the Bid For m wit h any supple ments.
11. Busines s Day – A busines s da y is define d as a da y tha t the Cit y conducts normal business, generally
Monda y through Friday , except for federal or state holidays observe d by the City.
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12. Business Diversity Enterprise Ordinance - the City’s Business Diversity Enterprise Ordinance #20020-
12-2011 (City Code Chapter 20, Article X), as amended.
13. Buzzsa w – City’s on-line , electronic document manage ment and collaboratio n system.
14. Calendar Day – A da y consistin g of 24 hours measured from midnight to the next midnight.
15. Change Order—A document, whic h is prepare d and approve d by the City , whic h is signed by
CMAR, Engineer and Cit y and authorize s an addition , deletion , or revisio n in the overall Work or an
adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the
Agree ment.
16. City — The Cit y of For t Worth, Texas, a Texas home-rule municipa l corporation, acting by it s
governing body through it s City Manager , his/her designee , or agents authorize d unde r his/her behalf ,
and is the entity wit h whom CMAR ha s entered int o the Agree ment and for whom the Wor k is to be
perfor med.
17. City Attorne y – The officially appointe d Cit y Attorne y of the Cit y of Fort Worth, Texas, or her duly
authorize d representative.
18. City Council - The duly elected and qualifie d gover nin g body of the Cit y of Fort Worth, Texas.
19. City Manager – The officially appointe d and authorize d Cit y Manage r of the Cit y of Fort Worth,
Texas, or his duly authorize d representative.
20. CMAR – A sole proprietorship, partnership, corporation, or other legal entity that assumes the
risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a
gene ral contractor and provides consultation to the City regarding construction during and after
the design of the facility.
21. CMAR Fee —The moneys payable by Cit y to CMAR for prosecution of the Work in accordanc e
wit h the Contrac t Documents as state d in the Agr eement.
22. Contract Claim—A de mand or assertion by Cit y or CMAR seeking an adjustment of Contrac t
Pric e or Contrac t Time, or both, or othe r relie f wit h respect to the terms of the Agreement. A de mand
for mone y or services by a thir d party is not a Contrac t Claim.
23. Contract Documents—The entire contract consisting of the Agree ment, the Request for Proposals,
CMAR’s P roposal, the Construction Documents, and any exhibits thereto, and other necessary
documents as may be indicated by the City whether specifically attached hereto or provided
separately. Approve d Submittals , othe r submittals , and the reports and drawings of subsurfac e and
physica l conditions are not Contrac t Documents.
24. Contract Price—The moneys payable by CMAR to a Contractor for completio n of the Work in
accordance wit h the Contrac t Documents .
25. Contract Time — The numbe r of days or the date s state d in the Agree ment to: (i) achieve
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Milestones , if any, and (ii) complet e the Work so tha t it is ready for Fina l Acceptance.
26. Contractor—The individua l or entity, whether one or more, wit h whom CMAR ha s entered int o a
contract for construction of the Work.
27. Construction Documents-Those written or electronic documents indicating the basic scope of work
as set forth by the Engineer, Engineer’s formal construction documents , Drawings and
Specifications, including materials, and work package(s) bid documents.
28. Construction Phase Services – Those services to be provided by CMAR as defined in the RFP and
the CMAR’s Proposal.
29. Cost of Work — The included and excluded cos ts which CMAR shall consider when developing the
CMAR’s Fee and the GMP. Se e Paragraph 11.01 of thes e General Conditions for details .
30. Damage Claims – A de mand for mone y or services arisin g from the Projec t or Sit e from a thir d
party, Cit y, CMAR or Contrac tor exclusiv e of a Contrac t Claim.
31. Day or day – A day, unles s otherwis e defined, shall mean a Calenda r Day.
32. Directo r o f Aviatio n – The officially appointe d Director of the Aviatio n Department of the Cit y of
For t Worth, Texas, or his duly appointe d representative , assistant, or agents.
33. Directo r of Park s and Recreation Department – The officially appointe d Director of the Parks and
Recreation Department of the Cit y of For t Worth, Texas, or his duly appointed representative ,
assistant, or agents .
34. Directo r o f Plannin g and Development – The officially appointe d Director of the Planning and
Development Department of the Cit y of Fort Worth, Texas, or his duly appointed representative ,
assistant, or agents.
35. Directo r of Transportation and Public Work s – The officially appointe d Director of the
Transportation and Public Works Department of the Cit y of Fort Worth, Texas, or his duly appointe d
representative, assistant, or agents.
36. Directo r o f Wate r Department – The officially appointe d Director of the Wate r Department of the
Cit y of For t Worth, Texas, or his duly appointe d representative, assistant, or agents.
37. Drawings — Tha t par t of the Contrac t Documents prepare d or approve d by Enginee r which
graphically show s the scope , extent, and c haracter of the Wor k to be per formed by Contractor .
Submittals are not Drawings as so de fined.
38. Effective Date of th e Agreement — The date indicate d in the Agree ment on whic h it becomes
effective, but if no suc h dat e is indicated, it means the date on whic h the Agree ment is signed by the
City Manager .
39. Engineer – The licensed professional engineer or engineering firm registered in the State of Texas
performing professional services for the City.
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40. Extra Wor k – Additiona l work made necessary by change s or alterations of the Contract
Documents or of quantitie s or for othe r reasons for whic h no price s are provide d in the Contrac t
Documents . Extra Wor k shall be incorporated into the Work.
41. Field Order — A written orde r issued by Cit y, often on recommendation by the CMAR, whic h
require s change s in the Wor k but which doe s not involve a change in the GMP , Contrac t Time , or the
inten t of the Engineer for the Project. Payment for Field Orders are paid from Allowances or CMAR
Contingency, if any, or other funding sources incorporated into the Agreement.
42. Fina l Acceptance – The writte n notic e give n by the Cit y to the CMAR tha t the Work specifie d in
the Contrac t Documents ha s bee n complete d to the satisfaction of the City.
43. Fina l Inspectio n – Inspection carrie d out by the Cit y to verif y tha t the CMAR has complete d
the Work, and each and every par t or appurtenanc e thereof , fully , entirely , and in confor manc e wit h
the Contrac t Documents.
44. General Requirements —Section s of Divisio n 1 of the Contrac t Documents .
45. Guaranteed Maximum Price (GMP) - The maximum c ost to the City for the Work as established
by the CMAR according to the Contract Documents and as approved by the City. The GMP may
contain a contingency amount for CMAR’s use (“CMAR Contingency”) with City review and
approval.
46. Hazardous Environmental Co ndition —The presenc e at the Sit e of Asbestos, PCBs, Petroleum,
Hazardous Waste, Radioactive Material, or othe r materials in suc h quantitie s or circumstances tha t
may present a substantia l dange r to persons or property expose d thereto.
47. Hazardous Waste —Hazardous waste is define d as any solid waste liste d as hazardous or
possesses one or mor e hazardous characteristics as define d in the federal waste regulations, a s
amende d from time to time.
48. Laws and Regulations—Any and all applicable laws , rules , regulatio ns , ordinances , codes, and
order s of any and all governmenta l bodie s, agencies, authorities , and courts having jurisdiction.
49. Liens —Charges , security interests, or encumbrances upon Projec t funds , real property, or persona l
property.
50. Liquidated Damages. A specified sum of money that, for each calendar da y tha t any work shall
remain uncomplete d afte r the time specifie d in the Agreement, will be deducte d from the monie s due
the CMAR, not as a penalty, but as liquidate d da mages suffere d by the City.
51. Major Ite m – An Ite m of wor k include d in the Contract Documents tha t ha s a total cos t equal to or
greater tha n 5% of the origina l Contrac t Pric e or $25,000 whicheve r is less.
52. MBE - A business concern located in the Marketplace (as defined in the Business Diversity
Enterprise Ordinance) meeting the following criteria: is at least 51 percent owned by one or more
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minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is
owned by one or more minority persons; and management and daily business operations are
controlled by one or more minority persons who own it.
53. MBE Utilization Plan – The CMAR’s plan to address the diverse MBE goal for use when bids or
proposals are sought from trade contractors or subcontractors for performance of all major elements
of the Work.
54. Milestone—A principa l event specifie d in the Contrac t Documents relatin g to an inter mediate Contrac t
Time prio r to Fina l Acceptance of the Work.
55. Notice of Award —The writte n notic e by Cit y to the successful Proposer sta tin g tha t upon timely
complianc e by the successful Proposer wit h the conditions precedent liste d therein, City will execute
the Agree ment.
56. Notic e to Proceed—A writte n notic e give n by Cit y to CMAR fixin g the date on whic h the Contrac t
Time will commenc e to run and on whic h Contractor shall start to per form the Wor k specifie d in
Contrac t Documents.
57. Open Book Price The price of subcontracts and purchases, the site expenses for superintendence and
professional services directly supporting the construction effort plus agreed overhead and profit.
58. PCBs—Polychlorinate d biphenyls.
59. Petroleum—Petroleum, includin g crude oil or any fractio n thereof whic h is liquid at standard
conditions of te mperature and pressure (60 degree s Fahrenheit and 14.7 pounds pe r square inc h
absolute), suc h as oil, petroleum, fue l oil, oil sludge , oil refuse, gasoline , kerosene , and oil mixe d wit h
othe r non-Hazardous Waste and crude oils.
60. Pla n s – Se e definitio n of Drawings.
61. Pre -Construction Phase Services – Those services to be provided by CMAR as defined in the RFP.
62. Project—The Work to be perfor med unde r the Contrac t Documents.
63. Project Schedule—A schedule , prepare d and maintaine d by Contractor, in accordance with the
General Require ments , describin g the sequenc e and duration of the activities comprising the
Contractor’s pla n to accomplis h the Work within the Contrac t Time.
64. Projec t Representative —The authorize d representative of the Cit y who will be assigne d to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
65. Proposal – A Proposer’s response to the RFP issued by the City to solicit a CMAR to perform
CMAR services.
66. Proposer – A CMAR Firm which submits a Proposal.
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67. Public Meetin g – An announce d meeting conducte d by the Cit y and/or CMAR to facilitat e public
participatio n and to inform the public of the Project.
68. Radioactiv e Material—Source , special nuclear, or byproduc t material a s define d by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amende d from time to time.
69. Regula r Workin g Hours – Hour s beginning at 7:0 0 a.m. and ending at 6:0 0 p.m., Monday thru
Frida y (excluding lega l holidays).
70. Request for Proposals (RFP) – A request by the City issued to qualified CMAR Firms for
P roposals to perform CMAR services for the Project.
71. Retainage – The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR’s progress payments
72. Samples—Physica l exa mple s of materials, equipment, or workmanship tha t are representative of
some portion of the Work and whic h establis h the standards by whic h such portion of the Wor k will
be judged.
73. Schedule of Submittals—A schedule , prepare d and maintaine d by CMAR , of required submittals
and the time require ments to suppor t schedule d perfor manc e of related construction activities.
74. Schedule of Values—A schedule prepare d and maintaine d by CMAR, allocatin g portions of the
Project Pric e to various portions of the Wor k and use d a s the basis for reviewing CMAR Application s
for Payment.
75. Site —Lands or areas indicate d in the Contrac t Documents as bein g furnishe d by Cit y upon whic h
the Wor k is to be perfor med, includin g rights -of -way, per mits , and easements for access thereto, and
suc h othe r land s furnishe d by Cit y whic h are de signate d for the us e of CMAR in furtherance of the
Project.
76. Specifications—Tha t par t of the Contrac t Documents consistin g of writte n require ments for
materials, equipment, systems, standards a nd workmanship as applie d to the Work, and certain
administrative require ments and procedura l matters applicable thereto. Specifications may be
specifically made a part of the Contrac t Documents by attachment or , if not attached, may be
incorporate d by referenc e.
77. Subcontractor—An individua l or entit y, at whatever tier, having a direc t contrac t wit h Contractor, the
CMAR or wit h any othe r Subcontractor for the performanc e of a part of the Wor k at the Site.
78. Submittals —All drawings , diagra ms, illustrations , schedules , and othe r data or in for mation whic h
are specifically prepare d or assemble d by or for CMAR and submitte d to City by CMAR to illustrat e
some portion of the Work.
79. Substantial Completion – The stage in the progress of the Project when the Work (or designated
portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City
can utilize the Project (or a designated portion thereof) for its intended use.
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80. Successful Bidder—The Bidde r submittin g the lowes t and mos t responsive Bid and to whom CMAR
make s an award of a contract, unless otherwise directed by City.
81. Superintendent – The representative of the CMAR who is available a t all times and able to receive
instructions from the Cit y and to act for the CMAR.
82. Supplementary Conditions—Tha t par t of the Contrac t Documents whic h amends or supple ments
thes e General Conditions.
83. Supplier—A manufacturer, fabricator, supplier, dis tributor, material man, or vendor having a direc t
contrac t wit h CMAR, Contractor or wit h any Subcontractor to furnis h materials or equipment t o be
incorporate d in the Work.
84. Underground Facilities—All underground pipelines , conduits , ducts , cables, wires, manholes , vaults ,
tanks , tunnels , or othe r suc h facilitie s or attachments , and any encasements containing suc h facilities ,
includin g but not limit ed to, thos e tha t conve y electricity, gases, steam, liquid petroleum products ,
telephone or othe r communications , cable television, water, wastewater, storm water, othe r liquid s or
che micals , or traffic or othe r control systems.
85. Unit Pric e Work —Se e Paragraph 11.03 of thes e General Conditions for definition.
86. Weekend Workin g Hours – Hour s beginning a t 9:0 0 a.m. and ending at 5:0 0 p.m., Saturday, Sunda y
or lega l holiday, as approve d in advanc e by the City.
87. Work —The labor, materials, equipment, and services necessary to perform the construction-phase , or
the various separately identifiable parts thereof, as require d by the Contrac t Documents . Work
include s and is the result of performin g or providing all other services, and documentation necessary
to perform such construction including any Change Orde r or Field Order , and furnishing, installing ,
and incorporating all materials and equipment int o suc h construction, as require d by the Contrac t
Documents.
88. Workin g Day – A working da y is define d as a day, not includin g Saturdays , Sundays , or legal holiday s
authorize d by the Cit y for contrac t purposes , in whic h weather or othe r conditions not unde r the
control of the CMAR will permit the performanc e of the principa l unit of work underwa y for a
continuous perio d of not les s tha n 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 define d but, whe n use d in
the Biddin g Require ments or Contrac t Documents , have the indicate d meaning.
B. Inten t of Certai n Terms o r Adjectives:
1. The Contrac t Documents includ e the terms “a s allowed,” “a s approved,” “a s ordered,” “as
directed” or terms of lik e effect or import to authorize an exercise of judgment by City . In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of lik e effect or impor t are use d to describ e an action or determinatio n of Cit y as to
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the Work. It is intende d tha t suc h exercise of professiona l judgment, action, or determination
will be solely to evaluate, in general, the Work for complianc e wit h the in for matio n in the
Contrac t Documents and wit h the desig n conce pt of the Projec t as a functioning whole as
show n or indicate d in the Contrac t Documents (unles s ther e is a specific state ment indicating
otherwise).
C. Defective:
The word “defective,” whe n modifying the wor d “Work,” refers to Wor k tha t is
unsatis factory, faulty , or de ficien t in tha t it:
a. doe s not conform to the Contrac t Documents ; or
b. doe s not meet the require ments of any applica ble insp ection, reference standard, test, or
approva l referred to in the Contrac t Documents ; or
c. ha s bee n da mage d prio r to City’s writte n acceptance.
D. Furnish , Install, Perform, Provide , Supply:
The word “Furnish” or the wor d “Install” or the wor d “Perform” or the wor d “Provide ” or the
word “Supply,” or any combinatio n or simila r directiv e or usage thereof , shall mean
furnishing and incorporatin g in th e Work includin g all necessary labor , materials, equipment,
and everything necessary to perfor m the Wor k in dicated, unles s specifically limite d in the
context used.
E. Common Construction Terms: Unles s state d otherwis e in the Contrac t Documents ,
words or phrase s tha t have a well-known technica l or construction industr y or trade meaning
are use d in the Contrac t Documents in accordanc e wit h suc h recognize d meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Copies o f Documents
Cit y shall furnis h to CMAR one (1) original executed copy and one (1) electronic copy of the
Agreement and Contrac t Documents , and up to four (4) additiona l copies of the Drawings , as
requested by CMAR. Additiona l copie s will be furnishe d upon reques t at the cos t of reproduction.
2.02 Commencement o f Contract Time ; Notic e to Proceed
The Contrac t Time will commenc e to run on the da y indicate d in the Notic e to Proceed. A Notic e to
Proceed may be give n at any time within 14 days afte r the Effective Date of the Agree ment.
2.03 Startin g th e Work
CMAR shall begin compensable performance of the design-phase portion of the Wor k on the
date whe n the Contrac t Time commences to run. N o construction-phase Wor k shall be done a t the
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Sit e prio r to the date on whic h the City approves the final design of the Work, unless an early works
package, whether one or more, is requested and permission is specifically granted by the City.
2.04 Before Startin g Construction , Baselin e Schedules
CMAR shall submit to City its schedule in accordance wit h the Contrac t Documents , and
prio r to starting the Work. No progres s payment shall be made to CMAR until acceptable schedule s
are submitte d to Cit y in accordanc e wit h the Schedule Specification as provide d in the Contrac t
Documents.
2.05 Preconstruction Conference
Befor e any construction-phase Wor k at the Sit e is started, the CMAR shall attend a
Preconstruction Conferenc e as specified in the Contrac t Documents.
2.06 Public Meeting
CMAR may not mobiliz e any equipment, materials or resource s to the Sit e prio r to CMAR and
Contractor, if known, attending the Public Meeting as schedule d by the City.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contrac t Documents are comple mentary; wha t is require d by one is as binding as if required
by all.
B. It is the inten t of the Contrac t Documents to describe a functionally complet e projec t (or part
ther eof) to be constructe d in accordance wit h the Contrac t Documents . Any labor,
documentation, services, materials, or equipment tha t reasonably may be inferred from the
Contrac t Documents or from prevailin g custom or trade usage as bein g require d to produc e the
indicate d result will be provide d whethe r or not specifically calle d for, at no additiona l cos t to
City.
C. Clarification s and interpretations of the Contrac t Documents shall be issued by City.
D. The Specifications ma y var y in for m, format and style. Some Specification sections may be
writte n in varying degree s of strea mline d or declarative style and some sections may be
relatively narrative by comparison. Omissio n of such words and phrase s as “the Contractor
shall,” “in conformit y with,” “a s shown,” or “a s specified ” are intentiona l in streamlined
sections . Omitte d words and phrase s shall be supplie d by inference. Simila r type s of provisions
may appea r in various parts of a section or article s within a part depending on the format of the
section. The CMAR or Contractor shall not take advantage of any variatio n of form, for mat
or style in makin g Contrac t Claims.
E. The cros s referencing of specification sections unde r the subparagraph heading “Related
Sections includ e but are not necessarily limite d to:” and elsewhere within each Specification
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section is provide d a s a n aid and convenienc e to the Contractor . The CMAR or Contractor shall
not rely on the cros s referencing provide d and shall be responsible to coordinate the entir e Work
unde r the Contrac t Documents and provide a complet e Projec t whethe r or not the cros s
referencing is provide d in each section or whethe r or not the cros s referencing is complete.
3.02 Reference Standards
A. Standards , Specifications, Codes , Laws, and Regulations
1. Referenc e to standards , specifications, manuals , or code s of any technical society,
organization, or association, or to Law s or Regulations , whethe r suc h reference be specific or
by implication , shall mean the standard, specification, manual, code , or Laws or Regulations
in effect at the time of opening of Bid s (or on the Effective Date of the Agree ment if there
were no Bids), except as may be otherwis e specifically stated in the Contrac t Documents.
2. No provision of any suc h standard, specification, manual, or code , or any instructio n of a
Supplier, shall be effective to change the duties or responsibilitie s of City , CMAR,
Contractor , or any of their subcontractors , consultants , agents , or employees , from thos e set
forth in the Contract Documents . No suc h pr ovisio n or instructio n shall be effective to assign
to City or any of its officers, directors , members , partners , employee s, agents , consultants , or
subcontractors , any duty or authority to supervis e or direc t the perfor manc e of the Wor k or
any duty or authority to undertake responsibilit y inconsistent wit h the provisions of the
Contrac t Documents.
3.03 Reportin g and Resolvin g Discrepancies
A. Reportin g Discrepancies:
1. CMAR’s and Contractor’s Review o f Contrac t Documents Before Startin g Work : Before
undertaking each part of the Work, CMAR and Contractor shall carefully study and
compar e the Contrac t Documents and chec k and verif y pertinent figure s therein agains t all
applicable field measurements and conditions . CMAR shall promptly repor t in writin g to
Cit y any conflict , error, a mbiguity, or discrepanc y whic h CMAR discovers , or ha s actual
knowledge of , and shall obtain a written interpretation or clarificatio n from Cit y be for e
proceeding wit h any Wor k affected thereby.
2. CMAR’s or Contractor’s Revie w of Contract Documents Durin g Performanc e o f Work :
If, during the performanc e of the Work, CMAR or Contractor discover s any conflict , error,
ambiguity, or discrepancy within the Contrac t Documents , or between the Contrac t
Documents and (a) any applicable La w or Regulatio n, (b) any standard, specification,
manual, or code , or (c) any instructio n of any Supplier, the n CMAR shall promptly report it
to Cit y in writing . CMAR shall not procee d wit h the Wor k affected thereby (except in an
emergenc y as require d by Paragraph 6.18.A) until an amendment or supple ment to the
Contrac t Documents ha s bee n issued by one of the methods indicate d in Paragraph 3.04.
3. CMAR shall not be liable to Cit y for failure to report any conflict , error, a mbiguity, or
discrepanc y in the Contrac t Documents unles s CMAR ha d actual knowledge thereof.
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B. Resolvin g Discrepancies:
1. Except as may be otherwis e specifically stated in the Contrac t Documents , the provisions of
the Contrac t Documents shall take precedence in resolvin g any conflict , error, ambiguity, or
discrepanc y between the provisions of the Contrac t Document s and the provisions of any
standard, specification, manual, or the instruct ion of any Supplie r (whethe r or not specifically
incorporate d by reference in the Contrac t Documents).
2. In case of discrepancies, figure d dimensions shall govern ove r scaled dimensions , Plan s shall
gover n ove r Specifications, Supple mentary Condition s shall govern ove r General Conditions
and Specifications, and quantitie s show n on the Plan s shall gover n ove r thos e show n in the
proposal.
3.04 Amendin g and Supplementing Contract Documents
A. The Contrac t Documents ma y be amende d to provide for additions , deletions , and revision s in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The require ments of the Contrac t Document s ma y be supple mented and mino r variation s and
deviations in the Work not involving a change in GMP or Contrac t Time, may be authorized, by
one or more of the followin g ways:
1. A Field Order;
2. City’s revie w of a Submitta l (subjec t to the provisions of Paragraph 6.19.C); or
3. City’s written interpretation or clarification.
3.05 Reuse o f Documents
A. Contractor and any Subcontractor or Supplie r shall not:
1. have or acquire any title to or ownership rights in any of the Drawings , Specifications , or
othe r documents (or copie s of any thereof ) prepared by or bearing the seal of Engineer,
includin g electronic media editions ; or
2. reus e any suc h Drawings , Specifications, othe r documents , or copie s thereof on extensions of
the Projec t or any othe r projec t without writte n consent of Cit y and specific written
verificatio n or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will surviv e fina l payment, or terminatio n of the
Agreement. Nothing herein shall preclude CMAR from retainin g copie s of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unles s otherwis e state d in the Supple mentary Conditions , the data furnishe d by Cit y or Engineer
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to Contractor, or by CMAR to Cit y or Engineer , tha t may be relie d upon are limite d to the
printe d copie s include d in the Contrac t Doc uments (als o know n as hard copies ) and other
Specifications referenced and located on the City’s Buzzsa w site . File s in electronic media
format of text, data , graphics , or othe r types are furnishe d only for the convenienc e of the
receiving party. Any conclusion or informatio n obtaine d or derive d from suc h electronic files
will be at the user’s sole risk . If there is a discrepanc y between the electronic file s and the hard
copies , the har d copie s govern.
B. Whe n transferring documents in electronic media format, the transferring party make s no
representations as to lon g term compatibility , usability , or readabilit y of documents resulting
from the us e of software applicatio n packa ges, operating systems, or compute r hardware
differing from thos e use d by the data’s creator.
ARTICLE 4 – AVAILABILITY O F LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL COND ITIONS ; REFERENCE POINTS
4.01 Availability of Lands
A. Cit y shall furnis h the Site . Cit y shall notif y CMAR of any encumbrance s or restriction s not of
genera l applicatio n but specifically related to us e of the Sit e wit h whic h CMAR mus t comply in
perfor min g the Work. Cit y will obtain in a timely manne r and pa y for easements for per manent
structure s or per manent change s in existin g facilities.
1. The Cit y ha s obtaine d or anticipates acquisit ion of and/or access to right-of -way, and/or
easements . Any outstanding right-of-way and/or easement s are anticipated to be acquire d in
accordance wit h the schedule set forth in the Supple mentary Conditions . The Project
Schedule submitte d by the CMAR in accordanc e wit h the Contrac t Documents must conside r
any outstanding right-of -way, and/or easements.
2. The Cit y ha s or anticipates re moving and/or relocatin g utilities. Any outstanding remova l or
relocation of utilitie s is anticipated in accordance with the schedule set forth in the Supple mentary
Conditions . The Projec t Schedule submitted by the CMAR in accordance wit h the Contract
Documents mus t conside r any outstanding utilitie s to be removed, adjusted, and/or relocated by
others.
B. Upon reasonable writte n request, Cit y shall furnis h CMAR wit h a current statement of record
lega l title and lega l descriptio n of the land s upon whic h the Work is to be performed.
C. CMAR shall provide for all additiona l land s and access thereto tha t may be require d for
construction facilitie s or storage of materials and equipment.
4.02 Subsurface an d Physical Conditions
A. Reports and Drawings : The Supple mentary Conditions identify:
1. thos e reports know n to Cit y of explorations and tests of subsurfac e conditions at or
contiguous to the Site ; and
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2. thos e drawings know n to Cit y of physica l conditions relatin g to existin g surface or
subsurfac e structure s at the Sit e (except Underground Facilities).
B. Limite d Relianc e by CMAR o n Technical Data Authorized : CMAR may rely upon the
accuracy of the “technical data ” containe d in such reports and drawings, but suc h reports and
drawings are not Contrac t Documents . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . CMAR may not make any Contrac t Claim agains t City , or any of its officers,
directors , members , partners , e mployees , agents , consultants , or subcontractor s wit h respect to:
1. the completeness of suc h reports and drawings for CMAR’s purposes , including, but not
limite d to, any aspects of the means, methods , techniques , sequences, and procedure s of
construction to be employe d by CMAR, and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions , and informatio n containe d in suc h reports or show n or
indicate d in suc h drawings ; or
3. any CMAR interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions , or infor mation.
4.03 Differing Subsurface o r Physica l Conditions
A. Notice: If CMAR believe s tha t any subsurfac e or physica l condition tha t is uncovere d or
revealed either:
1. is of suc h a nature as to establis h tha t any “technical data ” on whic h CMAR is entitle d to
rely as provide d in Paragraph 4.02 is materially inaccurate; or
2. is of suc h a nature as to require a change in the Contrac t Documents ; or
3. differs materially from tha t show n or indicate d in the Contrac t Documents ; or
4. is of a n unusua l nature , and differs materially from conditions ordinarily encountere d and
generally recognize d as inherent in wor k of the character provide d for in the Contract
Documents;
then CMAR shall, immediately after becomin g aware thereof and befor e furthe r disturbing the
subsurfac e or physica l conditions or perfor min g any Work in connection therewith (except in an
emergenc y as require d by Paragraph 6.18.A), notif y Cit y in writin g about suc h condition.
B. Possible Price and Time Adjustments
CMAR shall be entitle d to an adjustment in the GMP or Contrac t Time if:
1. CMAR did not know of the existenc e of suc h conditions at the time CMAR made a final
commit ment to Cit y wit h respect to GMP and Contrac t Time , by the submissio n of a Bid, or
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becomin g bound unde r a negotiate d contract; or
2. the existenc e of suc h condition could not reasonably have bee n discovere d or revealed as a
result o f the exa minatio n of the Contrac t Documents or the Site ; or
3. CMAR gave the writte n notic e as require d by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The infor matio n and data show n or indicate d in the Contrac t Documents
wit h respect to existin g Underground Facilitie s at or contiguous to the Sit e is base d on
informatio n and data furnishe d to Cit y or Enginee r by the owner s of suc h Underground
Facilities , includin g City , or by others . Unles s it is otherwis e expressly provide d in the
Supple mentary Conditions:
1. Cit y and Enginee r shall not be responsible for the accuracy or completeness of any such
infor matio n or data provide d by others ; and
2. The cos t of all of the followin g will be include d in the GMP , and CMAR shall hav e full
responsibilit y for:
a. reviewin g and checkin g all suc h informatio n and data;
b. locatin g all Underground Facilitie s show n or indicate d in the Contrac t Documents;
c. coordination and adjustment of the Work wit h the owners of suc h Underground
Facilities , includin g City , during construction; and
d. the safety and protection of all suc h Underground Facilitie s and repairin g any da mage
thereto resultin g from the Work.
B. No t Shown o r Indicated:
1. If an Underground Facilit y whic h conflict s wit h the Work is uncovere d or revealed at or
contiguous to the Sit e whic h was not show n or indicated, or not show n or indicate d with
reasonable accuracy in the Contrac t Documents , CMAR shall, promptly afte r becoming
aware thereof and befor e furthe r disturbing conditions affected thereby or perfor min g any
Wor k in connection therewith (except in an emergenc y as require d by Paragraph 6.18.A),
identif y the owne r of suc h Underground Facilit y and giv e notic e to tha t owne r and to City.
Cit y will revie w the discovere d Underground Facilit y and determin e the extent, if any, to
whic h a change may be require d in the Contrac t Documents to reflect and document the
consequence s of the existenc e or locatio n of the Underground Facility . CMAR shall be
responsible for the safety and protection of suc h discovere d Underground Fa cility.
2. If Cit y conclude s tha t a change in the Contract Document s is required, a Change Orde r ma y
be issued to reflect and document suc h consequences.
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3. Verificatio n of existin g utilities , structures , and servic e line s shall includ e notificatio n of all
utilit y companie s a minimum of 48 hour s in advanc e of construction includin g exploratory
excavation if necessary.
4.05 Reference Points
CMAR shall provide engineering surveys to establis h reference points for construction, whic h are
necessary to enable CMAR to procee d wit h the Work. CMAR will provide construction stake s or
othe r customary method of markin g to establis h lin e and grade s for roadwa y and utilit y construction,
centerlines and benchmarks for bridgework. CMAR shall protec t and preserve the establishe d
reference points and property monuments , and shall make no change s or relocations . CMAR shall
repor t to Cit y wheneve r any reference point or property monument require s relocation because of
necessary change s in grade s or locations . CMAR shall be responsible for the replacement or
relocation of reference points or property monuments destroye d by the CMAR or Contractor.
4.06 Hazardous Environmenta l Conditio n a t Site
A. Reports and Drawings: The Supple mentary Conditions ide ntif y thos e reports and drawings
know n to Cit y relatin g to Hazardous Environmental Conditions tha t have bee n identifie d at the
Site.
B. Limite d Relianc e by CMAR o n Technical Data Authorized : CMAR may rely upon the
accuracy of the “technical data ” containe d in such reports and drawings , but suc h reports and
drawings are not Contrac t Documents . Suc h “technical data ” is identifie d in the Supple mentary
Conditions . CMAR may not make any Contrac t Claim agains t City , or any of its officers,
directors , members , partners , e mployees , agents , consultants , or subcontractor s wit h respect to:
1. the completeness of suc h reports and drawings for CMAR’s purposes , including, but not
limite d to, any aspects of the means, methods , techniques , sequence s and procedure s of
construction to be e mploye d by CMAR and safety precautions and progra ms incident
thereto; or
2. othe r data , interpretations , opinions and infor matio n containe d in suc h report s or show n or
indicate d in suc h drawings ; or
3. any CMAR interpretation of or conclusion draw n from any “technical data ” or any such
othe r data , interpretations , opinions or information.
C. CMAR shall not be responsible for any Hazardous Environmenta l Condition uncovere d or
revealed at the Sit e whic h was not show n or indica ted in Drawings or Specification s or identified
in the Contrac t Documents to be within the scope of the Work. CMAR shall be responsible for a
Hazardous Environmenta l Condition created wit h any materials brought to the Sit e by CMAR,
Contractor, Subcontractors , Suppliers , or anyone els e for whom CMAR is responsible.
D. If CMAR encounters a Hazardous Environmenta l Condition or if CMAR or anyone for whom
CMAR is responsible creates a Hazardous Environmenta l Condition, CMAR shall immediately:
(i) secure or otherwis e isolat e suc h condition ; (ii) stop all wor k in connection with suc h condition
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and in any area affected thereby (except in an emergenc y as require d by Paragraph 6.18.A); and
(iii) verbally notif y Cit y (and promptly thereafter confir m suc h notic e in writing). Cit y ma y
conside r the necessity to retain a qualifie d exper t to evaluate suc h condition or take corrective
action, if any. When the Hazardous Environmental Condition has been rendered harmless –
whether by the CMAR or City’s separate remediation contractor, the work in the affected area
shall resume upon written notice by the City to CMAR. For such verified Hazardous
Environmental Conditions that CMAR encounters that are not within CMAR’s scope of work,
the Contract Time shall be extended appropriately and the Contract Pric e shall be increased in the
amount of any reasonable costs of shut-down, delay and restart.
E. CMAR shall not be require d to resume Work in connection wit h suc h condition or in any
affected area until afte r Cit y ha s obtaine d any require d per mit s related thereto and delivered
written notic e to CMAR: (i) specifyin g tha t suc h condition and any affected area is or has
bee n rendere d suitable for the resumptio n of Work; or (ii) specifyin g any special conditions
unde r whic h suc h Wor k may be resumed.
F. If after receipt of suc h writte n notic e CMAR doe s not agre e to resume suc h Wor k base d on a
reasonable belie f it is unsafe , or doe s not agree to resume suc h Wor k unde r suc h special
conditions , the n Cit y may orde r the portion of the Wor k tha t is in the area affected by such
condition to be deleted from the Work. Cit y may have suc h deleted portion of the Work
perfor med by City’s ow n forces or others.
G. To the fulles t extent permitte d by Laws and Regulations, CMAR shall indemnify and hold
harmles s City, from and agains t all claims, cos ts, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and othe r professional s and
all court or othe r dispute resolution costs ) arising out of or relating to a Hazardous
Environm enta l Condition created by CMAR or by anyone for whom CMAR is responsible.
Nothing in this Paragraph shall obligate CMAR to indemnify any individua l or entity from
and against the consequence s of tha t individual’s or entity’s own negligence.
H. The provision s of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovere d or revealed at the Site.
ARTICLE 5 – INDEMNITY, BONDS AND INSURANCE
5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME
LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND
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HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR
DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF CITY’S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. THE INTENT
OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS
SOLE OR CONCURRENT NEGLIGENCE.
5.02 Bonds
All bonds and insuranc e required by the Contrac t Documents to be purchased and maintaine d by
CMAR shall be obtaine d from surety or insur anc e companie s tha t are duly license d or authorized in
the State of Texa s to issue bonds or insura nce policie s for the limit s and coverage s so required. Suc h
surety and insuranc e companie s shall als o meet suc h additiona l require ments and qualifications a s
may be provide d in the Supple mentary Conditions.
Performance, Payment, and Maintenanc e Bonds
A. If a fixed contract amount or GMP has not been determined at the time the Agreement
is awarded, the penal sums of the performanc e and payment bonds must each be in an
amount equal to the construction budget.
B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver
to the City payment and performance bonds or a bid bond or other financial security acceptable
to City to ensure that the CMAR will furnish the payment and performance bonds prior to
commencement of the construction Work. No payment or performance bond is required for the
design portion of the Agreement. The payment and performance bonds shall each be on a form
acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in
the name of the City.
C. Maintenance bond(s), valid for two years from the Substantial Completion date of the
construction Work, shall be procured and provided by the CMAR to City prior to final
acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name
of and in favor of the City.
D. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov’t Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice will be given to the CMAR to that effect and the CMAR shall
immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an
agent or attorney-in -fact mus t be accompa nie d by a sealed and dated powe r of attorney whic h
shall show tha t it is effective on the date the agent or attorney-in -fact signe d each bond.
E. If the surety on any bond furnishe d by CMAR is declared bankrupt or becomes insolvent or it s
righ t to do busines s in the State of Texa s is terminate d or it ceases to meet the require ments of
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Paragraph 5.02.D, CMAR shall promptly notif y Cit y and shall, within 30 days after the event
givin g ris e to suc h notification , provide anothe r bond and surety, both of whic h shall comply
wit h the require ments of Paragraphs 5.01 and 5.02.D.
5.03 Certificates of Insurance
CMAR shall delive r to City , wit h copie s to each additiona l insure d and los s paye e identifie d in th e
Supple mentary Conditions , certificates of insuranc e (and othe r evidenc e of insuranc e requested by
Cit y or any othe r additiona l insured) whic h CMAR is require d to purchas e and maintain.
1. The certificate of insuranc e shall document the City , and all identifie d entitie s na med in the
Supple mentary Conditions as “Additiona l Insured” on all liabilit y policies.
2. The CMAR’s genera l liabilit y insuranc e shall includ e a, “pe r project” or “pe r location”,
endorse ment, whic h shall be identifie d in the certificat e of insuranc e provide d to the City.
3. The certificate shall be signe d by an agent authorize d to bin d coverage on behalf of the
insured, be complet e in it s entirety, and show complet e insuranc e carrie r na me s a s liste d in
the current A.M. Best Propert y & Casualty Guide
4. The insurers for all policie s mus t be licens ed and/or approve d to do busines s in the State of
Texas. Except for workers ’ compensation, all insurers mus t have a minimum ratin g of A-:
VII in the current A. M. Best Key Ratin g Guid e or have reasonably equivalent financial
strength and solvenc y to the satisfactio n of Ris k Manage ment. If the ratin g is belo w that
required, writte n approva l of Cit y is required.
5. All applicable policie s shall includ e a Waive r of Subrogation (Rights of Recovery) in favor
of the City . In addition, the CMAR agrees to waiv e all rights of subrogation agains t the
Enginee r (if applicable , and except related to any Builders’ Risk insurance provided by
CMAR), and each additional insure d identifie d in the Supple mentary Conditions .
6. Failur e of the Cit y to de mand suc h certificates or othe r evidenc e of full complianc e wit h the
insuranc e require ments or failur e of the Cit y to identif y a deficiency from evidenc e tha t is
provide d shall not be construe d as a waive r of CMAR’s obligatio n to maintain suc h lines o f
insuranc e coverage.
7. If insuranc e policie s are not writte n for specifie d coverage limits , an Umbrella or Excess
Liabilit y insuranc e for any differences is required. Excess Liabilit y shall follo w form of the
primary coverage.
8. Unles s otherwis e stated, all require d insurance shall be written on the “occurrenc e basis”. If
coverage is underwritte n on a claims-made basis , the retroactive date shall be coincident with
or prio r to the date of the effective date of the agreement and the certificate of insuranc e shall
state tha t the coverage is claims-made and the retroactive date . The insuranc e coverage shall
be maintaine d for the duration of the Agreement and for thre e (3) years followin g
Final Acceptance provide d unde r the Contrac t Documents or for the warranty period,
whicheve r is longer . An annua l certificate of insuranc e submitte d to the Cit y shall evidenc e
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such insuranc e coverage.
9. Policie s shall have no exclusions by endorse ments which neithe r nullif y or a mend the
require d line s of coverage , nor decrease the limit s of said coverage unles s suc h endorse ments
are approve d in writin g by the City . In the event a contrac t ha s bee n awarded and the
exclusions are determine d to be unacceptable or the Cit y desire s additiona l insurance
coverage , and the Cit y desire s the CMAR or Contractor to obtain suc h coverage , the contract
pric e shall be adjuste d by the cos t of the pre miu m for suc h additiona l coverage plu s 10%.
10. Any self -insure d retention (SIR) in excess of $25,000.00 affecting require d insurance
coverage shall be approve d by the Cit y in regards to asset valu e and stockholders ' equity. In
lie u of traditiona l insurance , alternative cover age maintaine d through insuranc e pools or risk
retention groups , mus t als o be approve d by City.
11. City , at it s sole discretion , reserves the righ t to revie w the insuranc e require ments and to
make reasonable adjustments to insuranc e coverage s and their limit s whe n dee med necessary
and prudent by the Cit y base d upon change s in statutory law , cour t decisio n or the claims
history of the industr y as well as of the contracting part y to the City . The Cit y shall b e
require d to provide prio r notic e of 90 da ys , and the insuranc e adjustments shall be
incorporate d int o the Agreement by amendment.
12. Cit y shall be entitled , upon writte n reques t and without expense , to receive copie s of policies
and endorse ments thereto.
13. Cit y shall not be responsible for the direct payment of insuranc e pre miu m costs for CMAR’s
insurance.
5.04 Categories of Insurance
A. Worker s Compensation and Employers’ Liability. CMAR shall purchas e and maintain such
insuranc e coverage wit h limit s consistent wit h statutory bene fit s outline d in the Texa s Workers’
Compensation Act (Texa s Labor Code , Ch. 406, a s amended), and minimum limit s for
Employers ’ Liabilit y as is appropriate for the Wor k bein g per formed and as will provide
protection from claims set forth belo w whic h may aris e out of or result from CMAR’s
perfor manc e of the Wor k and CMAR’s othe r obligations unde r the Contrac t Documents,
whethe r it is to be performed by CMAR, Contractor, any Subcontractor or Supplier , or by anyone
directly o r indirectly employe d by any of the m to perform any of the Work, or by anyone for
whos e acts any of the m may be liable for :
1. claims unde r workers ’ compensation, disabilit y benefits , and othe r simila r employe e benefit
acts;
2. claims for da mage s because of bodily injury , occupationa l sicknes s or disease, or death of
Contractor’s employees.
B. Commercia l Genera l Liability. Coverage shall includ e but not be limite d to covering liability
(bodily injur y or property da mage ) arisin g from: pre mises/operations , independent contractors,
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products/complete d operations , persona l injury , and liabilit y unde r an insure d contract. Insurance
shall be provide d on an occurrenc e basis , and as comprehensive as the current Insuranc e Services
Offic e (ISO) policy . This insuranc e shall apply as primary insuranc e wit h respect to any other
insuranc e or self-insuranc e progra ms afforde d to the City . The Commercial General Liability
policy , shall have no exclusions by endorse ments that would alte r of nullif y pre mises/operations,
products/complete d operations , contractual, persona l injury , or advertisin g injury , whic h are
nor mally containe d wit h the policy , unles s the Cit y approve s suc h exclusions in writing.
For cons truction projects tha t present a substa ntia l complete d operation exposure , the Cit y may
requir e the CMAR to maintain complete d operations coverage for a minimum of no les s than
thre e (3) years followin g the completio n of the projec t (if identifie d in the Supple mentary
Conditions).
C. Automobile Liability. A commercial busines s auto polic y shall provide coverage on “any auto”,
define d as autos owned, hire d and non-owne d and provide inde mnit y for claims for da mages
because bodily injur y or death of any pers on and or property da mage arisin g out of the work,
maintenanc e or us e of any motor vehicle by the CMAR, Contractor , any Subcontractor or
Supplier , or by anyone directly or indirectly employe d by any of the m to perfor m any of the
Work, or by anyone for whos e acts any of the m may be liable.
D. Railroa d Protectiv e Liability . If any of the work or any warranty work is within the limit s of
railroa d right-of -way, the CMAR shall comply wit h the require ment s identifie d in the
Supple mentary Conditions.
E. Notificatio n o f Policy Cancellation : CMAR shall immediately notify Cit y upon cancellation or
othe r los s of insuranc e coverage . CMAR shall stop wor k until replacement insuranc e has bee n
procured. There shall be no time credit for days not worke d pursuant to this section.
5.05 Insurance Requirements
A. Preconstruction Phase Services:
1. CMAR shall not commence work under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
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$100,000 disease - each employee
2. Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMAR’s worker’s compensation
insurance policy, the City, its officers, employees and servants shall be endorsed as an
additional insured on CMAR’s insurance policies.
b. Certificates of insurance shall be delivered to the City’s Project Representative at the address
specified prior to commencement of Work.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days’ notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days’
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
f. Other than worker’s compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The City must approve in writing any alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the Project
shall be endorsed with a waiver of subrogation providing rights of rec overy in favor of the
City.
h. CMAR’s insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by City shall not be
called upon to contribute to loss recovery.
i. In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project
Representative any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
j. CMAR’s liability shall not be lim ited to the specified amounts of insurance required herein.
B. Construction Phase:
The limits of liability for the required insurance shall provide the following coverages for not
less than the following amounts or greater where required by laws and regulations:
Workers' Compensation:
Statutory limits
Employer's liability
$100,000 each accident/occurrence
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$100,000 Disease - each employee
$500,000 Disease - policy limit
Commercial General Liability:
Commercial General Liability shall be on a per project basis covering the CMAR with
minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment – Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work package,
if more than one.
The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U”
coverage’s. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
Automobile Liability:
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned and shall be in an amount not less than the following amounts:
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
5.06 Acceptance of Bond s and Insurance; Option to Replace
If Cit y ha s any objectio n to the coverage afforded by or othe r provisions of the bonds or insurance
require d to be purchase d and maintaine d by the CMAR in accordance wit h this Article 5 on the
basis of non-confor manc e wit h the Contrac t Documents , the Cit y shall so notify the CMAR in
writing within 10 Busines s Days afte r receipt of the certificates (or othe r evidenc e requested).
CMAR shall provide to the Cit y suc h additiona l infor matio n in respect of insuranc e provide d as the
Cit y may reasonably request. If CMAR doe s not purcha se or maintain all of the bonds and insurance
require d by the Contrac t Documents , the Cit y shall notify the CMAR in writin g of suc h failure prio r
to the start of the Work, or of suc h failur e to maintain prio r to any change in the required coverage.
ARTICLE 6 – CMAR’S RESPONSIBILITIES
6.01 Supervision an d Superintendence
A. CMAR shall supervise , inspect, and direc t the Work competently and efficiently , devoting
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suc h attention thereto and applying suc h skills and expertis e as may be necessary to perfor m the
Wor k in accordance wit h the Contrac t Documents . CMAR shall be solely responsible for the
means, methods , techniques , sequences, and procedure s of construction.
B. At all times during the progres s of the Work, CMAR shall assign a competent, English -
speaking, Superintendent who shall not be replaced without writte n notic e to City . The
Superintendent will be CMAR’s representative at the Sit e and shall have authority to act on
behalf of CMAR. All communicatio n give n to or received from the Superintendent shall be
binding on CMAR.
C. CMAR shall notify the Cit y 72 hour s prio r to moving on site for the commencement of
construction-phase Work.
6.02 Labor; Workin g Hours
A. CMAR shall provide competent, suitably qualifie d personne l to perfor m construction as require d
by the Contrac t Documents . CMAR shall at all times maintain good disciplin e and orde r at the
Site.
B. Except as otherwis e require d for the safety or protection of persons or the Wor k or property at
the Sit e or adjacent thereto, and except as otherwise state d in the Contrac t Documents , all Work
at the Sit e shall be per formed during Regula r Working Hours . CMAR will not per mit the
perfor manc e of Work beyond Regula r Working Hour s or for Weekend Working Hour s without
City’s writte n consent (whic h will not be unrea sonably withheld). Writte n reques t (by letter or
electronic communication) to perfor m Work:
1. for beyond Regula r Working Hours reques t mus t be made by noon at least two (2) Business
Days prior ;
2. for Weekend Working Hour s reques t mus t be made by noon of the preceding Thursday;
3. for lega l holidays reques t mus t be made by noon two Busines s Days prio r to the legal
holiday.
6.03 Solicitation of Construction-Phase Work .
A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade
contractors or subcontractors for the performance of all major elements of the Work other than
minor work that may be included in the Construction Documents . CMAR may seek to self -
perform portions of the Work by submitting its Bid or proposal for those portions of the work in
the same manner as all other trade contractors or subcontractors and upon a determination by
City that the CMAR's bid or proposal provides the best value for the City.
B. The CMAR 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 CMAR, Engineer or City. All Bids or proposals shall be made available to the
City on request and to the public after the later of the award of the contract or the seventh day
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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.
C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to
execute a contract after being so selected, the CMAR may fulfill, without advertising, the
contract requirements or select a replacement trade contractor or subcontractor to fulfill the
contr act requirements . CMAR self-performance under this section does not directly absolve
CMAR from its MBE Utilization Plan requirements.
6.04 Services, Materials, and Equipment
A. Unles s otherwis e specifie d in the Contrac t Documents , CMAR shall provide and assume full
responsibilit y 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 othe r facilit ie s and incidentals necessary for the perfor mance,
require d testing, start-up, and completio n of the Work.
B. All materials and equipment incorporate d int o the Wor k shall be as specifie d or , if not specified,
shall be of good qualit y and new , except as otherwis e provide d in the Contrac t Documents . All
special warranties and guarantee s require d by the Specifications shall expressly run to the benefit
of City . If require d by City , CMAR shall furnis h satisfactory evidenc e (includin g reports of
require d tests) as to the source , kind, and qualit y of materials and equipment.
C. All materials and equipment to be incorporate d into the Wor k shall be stored, applied , installed,
connected, erected, protected, used, cleaned, and conditione d in accordance wit h instru ction s of
the applicable Supplier , except a s otherwis e may be provide d in the Contrac t Documents.
D. All ite ms of standar d equipment to be incorporate d int o the Wor k shall be the latest mode l at the
time of Agreement, unles s otherwis e specified.
6.05 Pr oject Schedule
A. CMAR shall adhere to the Projec t Schedule establishe d in accordance wit h Paragraph 2.04 and
the General Require ments as it ma y be adjuste d from time to time as provide d below.
1. CMAR shall submit to Cit y for acceptance (to the extent indicate d in Paragraph 2.04 and the
General Require ments ) propose d adjustments in the Projec t Schedule tha t will not result in
changing the Contrac t Time. Suc h adjustments will comply wit h any provisions of the
General Require ments applicable thereto.
2. CMAR shall submit to Cit y a monthly Projec t Schedule wit h a monthly progres s payment for
the duration of the Agreement in accordance wit h the schedule specification 01 32 16.
3. Propose d adjustments in the Projec t Schedule tha t will change the Contr act Time shall be
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submitte d in accordance wit h the require ments of Article 12. Adjustments in Contrac t Time
may only be made by a Change Order.
6.06 Substitute s and “Or-Equals”
A. Wheneve r an ite m of material or equipment is specifie d or describe d in the Construction
Documents by usin g the na me of a proprietary ite m or the na me of a particula r Supplier , the
specificatio n or description is intende d to establis h the type, function, appearance, and qualit y
required. Unless the specification or descriptio n contains or is followe d by words reading tha t:
no like , equivalent, or “or -equal” ite m or no substitution is per mitted, othe r ite ms of material or
equipment of other Suppliers may be submitte d to Cit y by CMAR for revie w unde r the
circumstances describe d below.
1. “Or -Equal” Items : If in City’s sole discretio n an ite m of material or equipment propose d by
CMAR is functionally equa l to tha t na me d and sufficiently simila r so tha t no change in
related Wor k will be required, it may be conside red by Cit y as an “or-equal” ite m, in which
case revie w and approva l of the propose d ite m may, in City’s sole discretion , be
accomplishe d without complianc e wit h some or all of the require ments for approva l of
propose d substitute ite ms. For the purpose s of this Paragraph 6.06.A.1, a propose d ite m of
material or equipment will be considere d functionally equa l to an ite m so na med if:
a. The Cit y determine s that:
1) it is at least equa l in materials of construction, quality , durability , appearance,
strength, and desig n characteristics;
2) it will reliably per for m at least equally well the function and achieve the results
impose d by the desig n concept of the complete d Projec t as a functioning whole ; and
3) it ha s a prove n record of performanc e and availabilit y of responsive service; and
b. CMAR certifie s that, if approve d and incorporate d int o the Work:
1) ther e will be no increase in cos t to the Cit y or increase in Contrac t Time; and
2) it will confor m substantially to the detailed require ments of the ite m na med in the
Construction Documents.
2. Substitute Items:
a. If in City’s sole discretio n an ite m of material or equipment propose d by CMAR does not
qualif y as an “or -equal” ite m, it may be submitte d as a propose d substitute ite m.
b. CMAR shall submit sufficie nt in formatio n as provide d belo w to allo w Cit y to deter min e
if the ite m of material or equipment propose d is essentially equivalent to that na med and
an acceptable substitute therefor . Requests for revie w of propose d substitute items of
material or equipment will not be accepted by Cit y from anyone othe r than CMAR.
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c. CMAR shall make writte n applicatio n to Cit y for revie w of a propose d substitut e item o f
material or equipment tha t CMAR seeks to furnis h or use . The applicatio n shall co mply
wit h Section 01 25 00 and:
1) shall certify tha t the propose d substitute ite m will:
a) perfor m adequately the functions and achie ve the result s calle d for by the general
design;
b) be simila r in substanc e to tha t specified;
c ) be suite d to the same us e as tha t specified; and
2) will state:
a) the extent, if any, to whic h the us e of the propose d substitut e ite m will prejudice
CMAR’s achievement of fina l completio n on time;
b) whethe r us e of the propose d substitute ite m in the Work will requir e a change in
any of the Contrac t Documents (or in the provisions of any othe r direc t contract
wit h Cit y for othe r wor k on the Projec t) to adapt the desig n to the proposed
substitute ite m;
c) whethe r incorporation or us e of the propose d substitute ite m in connection with
the Wor k is subjec t to payment of any licens e fe e or royalty; and
3) will identify:
a) all variation s of the propose d substitut e ite m from tha t specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an ite mize d estimate of all cos ts or credits tha t will result directly or
indirectly from us e of suc h substitute ite m, includin g costs of redesign and Damage
Claims of othe r contractor s affected by any resultin g change.
B. Substitute Constructio n Methods o r Procedures: If a specific means, method, technique,
sequence , or procedur e of construction is e xpressly require d by the Contrac t Documents, CMAR
may furnis h or utiliz e a substitute means , method, technique , sequence , or procedure of
constructio n approve d by City . CMAR shall submit sufficien t in for matio n to allo w City , in
City’s sole discretion , to determin e tha t the substitute propose d is equivalent to tha t expressly
calle d for by the Contrac t Documents . CMAR shall make writte n applicatio n to Cit y for revie w
in the same manne r as thos e provide d in Paragraph 6.06.A.2.
C. City’s Evaluation : Cit y will be allowe d a reasonable time within whic h to evaluate each
proposa l or submitta l made pursuant to Paragraphs 6.06.A and 6.06.B. Cit y may require CMAR
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to furnis h additiona l data about the propose d substitute . Cit y will be the sole judge of
acceptability. No “or -equal” or substitute will be ordered, installe d or utilize d until City’s review
is complete , whic h will be evidence d by a Change Orde r in the case of a substitute and an
accepted Submitta l for an “or -equal.” Cit y will advis e CMAR in writin g of it s determination.
D. Special Guarantee: Cit y may requir e CMAR to furnis h at CMAR’s expens e a warranty wit h
respect to any substitute . CMAR shall ind emnify and hol d harmles s City and anyone directly
or indirectly employed by the m from and against any and all claims, damages, losses and
expenses (including attorney s’ fees) arising out of the us e of substitute d materials or
equipment.
E. City’s Cost Re imbursement: Cit y will record City’s costs in evaluating a substitute propose d or
submitte d by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.B. Whethe r or not City approve s
a substitute so propose d or submitte d by CMAR, CMAR may be require d to reimburs e Cit y for
evaluating each suc h propose d substitute . CMAR may als o be require d to reimburs e Cit y for the
charge s for makin g change s in the Contrac t Documents (or in the provisions of any othe r direc t
contrac t wit h City ) resultin g from the acceptance of each proposed substitute.
F. CMAR’s Expense: CMAR shall provide all data in suppor t of any propose d substitute or “or -
equal” at CMAR’s expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporate d to the Agreement by Change Order.
H. Time Extensions: No additiona l time will be grante d for substitutions.
6.07 Concerning Subcontractors, Suppliers , an d Others
A. Business Diversity Enterprise Ordinance Compliance: It is a Cit y requirement to ensur e the full
and equitable participatio n by Minorit y and Small Busines s Enterprise s (MBE) (SBE) in the
procure ment of goods and services pursuant to the Business Diversity Enterprise Ordinance . If
the Contrac t Documents provide for an MBE and/or SBE goal, CMAR is require d to comply
wit h the City’s Business Diversity Ordinance by doing the following:
1. CMAR shall provide complet e and accurate informatio n regarding actua l wor k perfor med by
an MBE and/or SBE on the contrac t and payment therefor.
2. CMAR’s or Contractor’s failure to make payments as provided by state law shall, in addition
to any other remedies provided by law, authorize City to withhold future payments and/or
reject future bids from the CMAR or Contractor until compliance with the Business Diversity
Enterprise Ordinance is attained.
3. CMAR will not make additions , deletion s, or substitutions of accepted MBE/SBE firms
without written consent of the City . Any unjustifie d change or deletio n shall be a material
breach of the Agreement and ma y result in disciplinary action in accordanc e wit h the
procedure s outline d in the Business Diversity Enterprise Ordinance.
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4. CMAR shall, upon reques t by City , allo w an audit and/or exa minatio n of any books, records ,
or file s in the possession of the CMA R tha t will substantiate the actual work performed by
an MBE and/or SBE. Material misrepresentation of any nature may be grounds for
terminatio n of the Agreement in accordanc e wit h Paragraph 15.02.A . Any such
misrepresentation may subject CMAR to disciplin ary action in accordance with the
procedure s outline d in the Business Diversity Enterprise Ordinance .
B. CMAR shall be fully responsible to Cit y for all acts and omission s of the Contractor,
Subcontractors, Suppliers , and othe r individuals or entitie s pe rformin g or furnishing any of the
Wor k jus t as CMAR is responsible for CMAR’s own acts and omissions . Nothing in the
Contract Documents shall:
1. create for the bene fit of any suc h Contractor, Subcontractor, Supplier , or othe r individua l
or entity, any contractua l relationship between Cit y a nd any suc h Contractor, Subcontractor,
Supplie r or other individua l or entity; nor
2. create any obligatio n on the par t of Cit y to pa y or to see to the payment of any monies due
any suc h Contractor, Subcontractor , Supplier , or othe r individua l or entit y except as ma y
otherwise be require d by Laws and Regulations.
C. CMAR shall be solely responsible for scheduling and coordinating the Wor k of Contractor,
Subcontractors , Suppliers , and othe r individuals or entitie s perfor min g or furnishing any of the
Wor k unde r a direc t or indirec t contrac t wit h CMAR.
D. All Contractor(s), Subcontractors , Suppliers , and suc h othe r individuals or entitie s perfor min g or
furnishing any of the Wor k shall communicate wit h Cit y through CMAR.
E. All Wor k perfor med for CMAR by a Contractor, Subcontractor or Supplie r will be pursuant to an
appropriate agreement between CMAR and the Contractor, Subcontractor or Supplie r whic h
specifically bind s the Contractor, Subcontractor or Supplie r to the applicable terms and
conditions of the Contract Documents for the benefit of City.
6.08 Wag e Rates
A. Duty to pay Prevailin g Wag e Rates. The CMAR shall comply wit h all require ments of
Chapte r 2258, Texa s Government Code (a s a mended), includin g the payment of not les s tha n the
rate s determine d by the Cit y Council of the Cit y of For t Worth to be the prevailin g wage rates in
accordance wit h Chapte r 2258. Suc h prevailin g wage rate s are include d in thes e Contract
Documents.
B. Penalty for Violation . CMAR, Contractor or any Subcontractor who doe s not pa y the prevailin g
wage shall, upon de mand made by the City , pa y to the Cit y $60 for each worke r employe d for
each calendar da y or part of the da y tha t the worke r is paid les s tha n the prevailin g wage rates
stip ulate d in thes e Contrac t Documents . This pena lt y shall be retained by the Cit y to offset its
administrativ e costs , pursuant to Texa s Government Code 2258.023.
C. Complaints of Violation s and City Determinatio n o f Good Cause. On receipt of infor mation,
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inc ludin g a complain t by a worker , conce rnin g an allege d violatio n of 2258.023, Texas
Government Code , by a Contractor or Subcontractor , the Cit y shall make an initial
determination , befor e the 31s t da y afte r the date the Cit y receives the infor mation , as to whether
good cause exist s to believ e tha t the violatio n occurred. The Cit y shall notif y in writin g the
CMAR, Contractor or Subcontractor and any affected worker of it s initia l determination . Upon
the City’s determinatio n tha t there is good cause to believ e the CMAR, Contractor or
Subcontractor ha s violated Chapte r 2258, the Cit y shall retain the full amounts claimed by the
claimant or claimants as the differenc e between wage s paid and wage s due unde r the prevailin g
wage rates, suc h amounts being subtracte d from successive progres s payments pending a fina l
determinatio n of the violation.
D. Arbitratio n Required if Violatio n No t Resolved. An issue relatin g to an allege d violatio n of
Section 2258.023, Texa s Government Code , includin g a penalty owe d to the Cit y or an affected
worker , shall be submitted to binding arbitratio n in accordance wit h the Texa s General
Arbitratio n Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR,
Contractor or Subcontractor and any affected worke r doe s not resolv e the issue by agreement
befor e the 15th da y afte r the date the Cit y make s it s initia l determinatio n pursuant to Paragraph
C above . If the persons require d to arbitrate unde r this section do not agre e on an arbitrator
befor e the 11th da y after the date that arbitratio n is required, a distric t cour t shall appoint an
arbitrator on the petitio n of any of the persons . The Cit y is not a party in the arbitr ation . The
decisio n and award of the arbitrator is fina l and binding on all partie s and may be enforce d in
any cour t of competent jurisdiction.
E. Records to b e Maintained . The CMAR, Contractor and each Subcontractor shall, for a perio d o f
thre e (3) years followin g the date of acceptance of the work, maintain records tha t show (i) the
na me and occupation of eac h worke r employe d by the CMAR, Contrac tor or Subcontractor in
the construction of the Wor k provided for in this Agreement; and (ii) the actual pe r die m wage s
paid to each worker . The records shall be ope n at all reasonable hours for inspectio n by the
Cit y. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspectio n.
F. Progress Payments. Wit h each progres s payment or payroll period, whicheve r is more frequent,
the CMAR shall submit an affidavit stating tha t the CMAR ha s complie d wit h the require ments
of Chapte r 2258, Texa s Government Code.
G. Postin g o f Wag e Rates. The CMAR shall pos t prevailin g wage rates in a conspicuous plac e at all
times.
H. Subcontractor Compliance. A Contractor shall includ e in it s subcontracts and/or sha ll otherwis e
require all of it s Subcontractor s to comply wit h Paragraphs A through G above.
6.09 Paten t Fees and Royalties
A. CMAR shall pa y all licens e fees and royaltie s and assume all costs inciden t to the us e in the
perfor manc e of the Wor k or the in corporation in the Wor k of any invention, design, process,
product, or devic e whic h is the subjec t of patent rights or copyrights held by others . If a
particula r invention, design, process , product, or devic e is specifie d in the Contrac t Documents
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for us e in the performanc e of the Wor k and if , to the actual knowledge of City , it s us e is subject
to patent rights or copyrights callin g for the payment of any licens e fee or royalty to others , the
existenc e of suc h rights shall be disclose d by Cit y in the Contra ct Documents . Failur e of the City
to disclos e suc h infor matio n doe s not reliev e the Contractor from it s obligations to pa y for the
us e of said fees or royaltie s to others.
B. To the fulles t extent permitte d by Laws and Re gulations , CMAR shal l indemnify an d hold
harmles s City, fro m and agains t all claims , cos ts , losses, and damage s (including but no t
limited to all fee s and charge s o f engineers , architects, attorneys , and othe r professionals
and all court o r othe r dispute resolutio n costs ) arising out o f o r relating to any
infringement of paten t right s o r copyrights incident to the us e in the performanc e o f the
Work o r resulting from the incorporatio n in the Wor k o f any invention, design, process ,
product, or devic e no t specified in the Contrac t Documents.
6.10 Permits and Utilities
A. CMAR obtained permit s and licenses. CMAR shall obtain and pa y for all construction per mit s
and license s except thos e provide d for below, in the Supple mentary Conditions, or Contract
Documents . Cit y shall assist CMAR, whe n necessary, in obtaining suc h permit s and licenses.
CMAR shall pa y all governmenta l charge s and inspectio n fees necessary for the prosecution of
the Wor k whic h are applicable at the time of opening of Bids , or , if there are no Bids , on the
Effective Date of the Agree ment , except for permit s provide d by the Cit y as specifie d in 6.10.B.
Cit y shall pa y all charge s of utilit y owner s for connections providing permanent servic e to the
Work.
B. City obtained permit s and licenses. Cit y will obtain and pa y for all pe rmit s and license s as
provide d for below, in the Supple mentary Conditions, or Contrac t Documents . It will be the
CMAR’s responsibilit y to carry out the provisions of the pe rmit . If the CMAR initiate s change s
to the Work beyond the scope of any City-acquire d permit, the Contractor is responsible for
obtaining clearance s and coordinating wit h the appropriate regulatory agency. The Cit y will not
reimburse the Contractor for any cos t associated wit h these additional require ments of any Cit y-
acquire d permit . The followin g are per mit s the Cit y will obtain if required:
1. Texa s Department of Transportation Permits
2. U.S. Army Corps of Engineer s Permits
3. Texa s Commissio n on Environmenta l Qualit y Permits
4. Railroa d Company Permits
6.11 Laws and Regulations
A. CMAR shall giv e all notice s require d by and shall comply wit h all Laws and Regulations
applicable to the perfor manc e of the Work. Except where otherwis e expressly require d by
applicable Laws and Regulations , the Cit y shall not be responsible for monitoring CMAR’s
complianc e wit h any Laws or Regulations.
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B. If CMAR perfor ms any Wor k knowing tha t it is contrar y to Laws or Regulations , CMAR shall
bea r all claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of
engineers, architects, attorneys , and othe r professionals and all cour t or othe r dispute resolutio n
costs) arisin g out of or relatin g to suc h Work. However , it shall not be CMAR’s responsibilit y to
make certain tha t the Construction Documents are in accordance wit h Laws and Regulations , but
this shall not reliev e CMAR of CMAR’s obligations unde r Paragraph 3.02.
C. Change s in Laws or Regulations not know n at the time of opening of Bid s having an effect on
the cos t or time of perfor manc e of the Wor k may be the subjec t of an adjustment in Contract
Pric e or Contrac t Time .
6.12 Taxes
A. On a contrac t awarded by the City , an organization whic h qualifie s for exe mptio n pursuant to
Texa s Ta x Code , Subchapte r H, Sections 151.301-335 (as amended), the CMAR may purcha se,
rent or lease all materials, supplie s and equipment use d or consumed in the performanc e of this
contrac t by issuin g to his supplie r a n exe mptio n certificate in lie u of the tax, said exe mptio n
certificate to comply wit h State Comptroller’s Rulin g .007. Any suc h exe mption certificate
issued to the CMAR in lie u of the ta x shall be subjec t to and shall comply wit h the provision of
State Comptroller’s Rulin g .011, and any othe r applicable ruling s pertainin g to the Texa s Ta x
Code , Subchapte r H.
B. Texa s Ta x permit s and infor matio n may be obtaine d from:
1. Comptrolle r of Public Accounts
Sale s Ta x Division
Capito l Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.13 Use o f Site and Other Areas
A. Limitatio n on Use o f Site and Other Areas:
1. CMAR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Sit e and othe r areas permitte d by Laws and Regulations , and
shall not unreasonably encumbe r the Site and othe r areas wit h construction equipment or
othe r materials or equipment. CMAR shall assume full responsibilit y for any da mage to any
suc h lan d or area, or to the owne r or occupant thereof , or of any adjacent lan d or areas
resultin g from the perfor manc e of the Work.
2. At any time when, in the judgment of the City , the CMAR ha s obstructe d or close d or is
carrying on operations in a portion of a street, right-of-way, or easement greater tha n is
necessary for prope r execution of the Work, the Cit y ma y require the CMAR to finis h the
section on whic h operations are in progres s be fore wor k is commenced on any additional
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area of the Site.
3. Should any Damage Claim be made by any suc h owne r or occupant because of the
perfor manc e of the Work, CMAR shall promptly attempt to resolv e the Damage Claim.
4. CMAR shall indemnif y and hold harmles s City from and against all claims, costs , losses,
and damages arising out of or relating to any claim or action, lega l or equitable , brought
by any suc h owne r or occupant against City.
B. Removal of Debris During Performanc e of th e Work : Durin g the progres s of the W ork CMAR
shall kee p the Sit e and othe r areas free from accumulation s of waste materials, rubbish , and
othe r debris . Remova l and disposa l of suc h waste materials, rubbish, and other debris shall
confor m to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24-hours afte r written notic e is give n to the CMAR tha t the
clean-up on the jo b sit e is proceeding in a manne r unsatisfactor y to the City , and if the CMAR
fails to correct the unsatisfactor y procedure , the Cit y may take suc h direc t action as the City
dee ms appropriate to correct the clean-up de ficiencie s cite d to the CMAR in the written
notic e (by letter or electronic communication), and the costs of suc h direc t action, plu s 25 % of
suc h costs , shall be deducte d from the monie s due or to become due to the CMAR.
D. Fina l Site Cleaning: Prio r to Fina l Acceptance of the Work, CMAR shall clean the Sit e and the
Wor k and make it ready for utilizatio n by Cit y or adjacent property owner . At the completion of
the Wor k, CMAR shall remove from the Sit e all tools , appliances, construction equipment and
machinery, and surplus materials and shall restor e to origina l condition or bette r all property
disturbe d by the Work.
E. Loading Structures: CMAR shall not loa d nor per mit any par t of any structur e to be loaded in
any manne r tha t will endange r the structure , nor shall CMAR subjec t any par t of the Work or
adjacent property to stresses or pressure s tha t will endange r it.
6.14 Record Documents
A. CMAR shall maintain in a safe plac e a t the Sit e or in a plac e designate d by the CMAR and
approve d by the City , one (1) record copy of all Drawings , Specifications, Addenda , Change
Orders, Field Orders, and writte n inte rpretations a nd clarification s in good orde r and annotate d to
show change s made during construction. Thes e record documents togethe r wit h all approved
Sa mple s and a counterpart of all accepted Submittals will be available to Cit y for reference.
Upon comple tio n of the Work, thes e record documents , any operation and maintenanc e manuals
and Submittals will be delivere d to Cit y prio r to Fina l Inspection. CMAR shall include accurate
location s for burie d and imbedde d ite ms.
6.15 Safety and Protection
A. CMAR shall be solely responsible for initiating , maintainin g and supervising all safety
precautions and progra ms in connection wit h the Work. Suc h responsibilit y doe s not relieve a
Contractor or Subcontractor(s) of their responsibilit y for the safety of persons or property in the
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perfor manc e of their work, nor for complianc e wit h applicable safety Laws and Regulations .
CMAR shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent da mage , injur y or los s to:
1. all persons on the Sit e or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporate d therein, whethe r in storage on
or off the Site ; and
3. othe r property at the Sit e or adjacent thereto, includin g trees, shrubs , lawns , walks,
pave ments , roadways , structures , utilities , and Underground Facilitie s not designate d for
removal, relocation, or replacement in the cours e of construction of the Work.
B. CMAR shall comply wit h all applicable Laws and Regulations relatin g to the safety of
persons or property, or to the protection of persons or property from da mage , injury , or loss ; and
shall erect and maintain all necessary safeguards for suc h safety and protection. CMAR shall
notif y owner s of adjacent property and owners of Underground Facilitie s and othe r utilit y
owner s when prosecution of the Wor k may affect the m and shall cooperate wit h the m in the
protection, re moval, relocation, and replacement of their property.
C. CMAR shall comply wit h the applicable require ments of City’s safety progra ms, if any.
D. CMAR shall infor m Cit y of the specific requirements of CMAR’s safety progra m, if any, with
whic h City’s employee s and representatives mus t comply while at the Site.
E. All da mage , injury , or los s to any property referre d to in Paragraph 6.15.A.2 or 6.15.A.3 caused,
in whole or in part, by CMAR, Contractor, any Subcontractor , Supplier, or any othe r individua l
or entit y employe d by any of the m to per for m any of the Work, or anyone for whos e acts any of
the m may be liable , shall be remedie d by CMAR.
F. CMAR’s dutie s and responsibilitie s for safety and for protection of the Wor k shall continue
until suc h time as all the Wor k is complete d and Cit y ha s accepted the Work.
6.16 Safety Representative
CMAR shall infor m Cit y in writin g of CMAR’s designate d safety representative at the Site.
6.17 Hazard Communicatio n Programs
CMAR shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communicatio n informatio n require d to be made available to or exchange d between or among
employer s in accordance wit h Laws or Regulations.
6.18 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property a t the Sit e or
adjacent thereto, CMAR is obligate d to act to prevent threatened da mage , injury , or loss. CMAR
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shall giv e Cit y prompt writte n notice if CMAR believe s tha t any significant change s in the
Work or variation s from the Contrac t Documents have bee n caused thereby or are required as a
result thereof. If Cit y determine s tha t a change in the Contrac t Document s is require d because of
the action take n by CMAR in respons e to suc h a n e mergency, a Change Orde r may be issued.
B. Should the CMAR fail to respond to a reques t from the Cit y to rectify any discrepancies,
omissions , or correction necessary to confor m wit h the require ments of the Contrac t Documents,
the Cit y shall giv e the CMAR writte n notic e that suc h work or change s are to be per formed. The
written notic e shall direc t attention to the discrepant condition and reques t the CMAR to take
remedia l action to correct the condition. In the event the CMAR doe s not take positive steps to
fulfill this written request , or doe s not show jus t cause for not takin g the prope r action, within 24
hours , the Cit y may take suc h remedia l action wit h Cit y forces or by contract. The City shall
deduc t an amount equa l to the entir e cost s for suc h remedia l action, plu s 25%, from any funds
due or become due the CMAR on the Project.
6.19 Submittals and Samples
A. CMAR shall submit require d Submittals and Samples to Cit y for revie w and acceptance.
Eac h Submitta l or Sample shall be uniquely identifie d.
1. Submit three copie s of any Submittal unless otherwise specifie d in the Supplemental Conditions .
2. Data show n on the Submittals will be complet e wit h respect to quantities , dimensions,
specifie d performanc e and desig n criteria , materials, and simila r data to show Cit y the
services, materials, and equipment CMAR propose s to provide and to enable Cit y to re vie w
the informatio n for the limite d purpose s require d by Paragraph 6.19.C.
3. Submittals submitte d as herein provide d by CMAR and reviewed by Cit y for confor manc e
wit h the desig n concept shall be executed in confor mit y wit h the Contract Documents unles s
otherwis e require d by City.
4. Whe n Submittals are submitte d for the purpos e of showing the installatio n in greater detail,
their revie w shall not excus e CMAR from require ments show n on the Drawings and
Specifications.
5. For-Infor mation -Only Submittals upon whic h the Cit y is not expected to conduc t revie w or
take responsive action shall be so identifie d.
6. Submit the require d numbe r of Sa mple s as specifie d in the Supplemental Conditions .
7. Clearly identif y each Sa mple as to material, Supplier , pertinen t data suc h as catalog numbers,
the us e for whic h intende d and othe r data as Cit y may requir e to enable Cit y to revie w the
submittal for the limite d purpose s require d by Paragraph 6.19.C.
B. Where a Submitta l is require d by the Contrac t Documents or the Schedule of Submittals , any
related Wor k perfor med prio r to City’s revie w and acceptance of the pertinent submitta l will be
at the sole expens e and responsibilit y of CMAR.
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C. City’s Review:
1. Cit y will provide timely revie w of Submittals. City’s revie w a nd acceptance will be only to
determin e if the items covere d by the Submittals will, afte r inst allatio n or incorporation in
the Work, conform t o the in formatio n give n in the Contrac t Documents and be compatible
wit h the design concept of the comple te d Projec t as a functionin g whole.
2. City’s revie w and acceptance will not extend to means, methods , techniques , sequences, or
procedure s of construction (except wher e a particula r means, method, technique , sequence,
or procedure of construction is specifically and expressly calle d for by the Contract
Documents ) or to safety precautions or progra ms inciden t thereto. The revie w and acceptance
of a separate ite m a s suc h will not indicat e approva l of the assembly in whic h the item
functions.
3. City’s revie w and acceptance shall not relieve CMAR from responsibilit y for any variation
from the require ments of the Contrac t Documents unles s CMAR ha s complied wit h the
require ments of Section 01 33 00 and Cit y ha s give n written acceptance of each such
variation by specific written notation thereof incorporate d in or accompanying the Submittal.
City’s revie w and acceptance shall not reliev e CMAR from responsibilit y for complyin g
wit h the require ments of the Contrac t Documents.
6.20 Continuing th e Work
Except a s otherwis e provided, CMAR shall carry on the Wor k and adher e to the Projec t Schedule
during all dispute s or disagree ments wit h City. No Wor k shall be delaye d or postpone d pending
resolutio n of any dispute s or disagree ments , except a s Cit y and CMAR ma y otherwis e agre e in
writing.
6.21 CMAR’s General Warranty and Guarantee
A. CMAR warrants and guarantee s to Cit y tha t all Work will be in accordance wit h the Contract
Documents and will not be de fective. Cit y and it s officers, directors , members , partners,
employees , agents , consultants , and subcontractors shall be entitle d to rely on representation of
CMAR’s warranty and guarantee.
B. CMAR’s warranty and guarante e hereunde r exclude s defects or da mage caused by:
1. abuse , modification , or imprope r maint enanc e or operation by persons othe r tha n CMAR,
Contractor, Subcontractors , Suppliers , or any othe r individua l or entit y for whom CMAR is
responsible ; or
2. nor mal wear and tea r unde r nor ma l usage.
C. CMAR’s obligatio n to perform and complet e the Work in accordance wit h the Contract
Documents shall be absolute . None of the followin g will constitute an acceptance of Wor k tha t is
not in accordance wit h the Contrac t Document s nor act as a release of CMAR’s obligatio n to
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perform the Wor k in accordance wit h the Contrac t Documents:
1. observations by City;
2. recommendation or payment by Cit y of any progres s or fina l payment;
3. the issuanc e of a certificate of Substantial Completion or Fina l Acceptance by Cit y or
any payment related thereto by City;
4. us e or occupanc y of the Wor k or any par t thereof by City;
5. any revie w and acceptance of a Submitta l by City;
6. any inspection, test, or approva l by others ; or
7. any correction of defective Wor k by City.
D. The CMAR shall remedy any defects or da mage s in the Wor k that was not performed in
accordance with the Contract Documents, and pa y for any da mage to othe r wor k or property
resultin g therefrom whic h shall appea r within a perio d of two (2) years from the date of
Substantial Completion of the Wor k and shall furnis h a good and sufficien t maintenanc e
bond, complyin g wit h the require ments of Article 5.02.C. The Cit y will giv e notic e of
observed defects wit h reasonable promptness.
6.22 Additional Professional Design Services
A. CMAR will not be require d to provide professiona l desig n services unles s suc h services are
specifically require d by the Contrac t Documents for a portion of the Wor k or unles s such
services are require d to carry out CMAR’s responsibilitie s for construction means, methods,
techniques , sequence s and procedures.
B. If professiona l desig n services or certifications by a desig n professiona l related to systems,
materials or equipment are specifically require d of CMAR by the Contrac t Documents , City will
specify all per for ma nc e and desig n criteria tha t suc h services mus t satis fy. CMAR shall cause
suc h services or certifications to be provide d by a properly license d professional, whose
signatur e and seal shall appea r on all drawings , calculations, specifications, certifications, and
Submittals prepare d by suc h professional. Submittals related to the Wor k designe d or certifie d by
suc h professional, if prepare d by others , shall bea r suc h professional’s writte n approva l when
submitte d to City.
C. Cit y shall be entitle d to rely upon the adequa cy, accuracy and completeness of the services,
certifications or approvals perfor med by CMAR’s desig n professionals.
D. Pursuant to this Paragraph 6.21, City’s revie w, if any, of desig n calculations and design
drawings will be only for the limite d purpos e of checking for conformanc e wit h per formanc e and
desig n criteria give n and the desig n concept expresse d in the Contrac t Documents . City’s review
and acceptance of Submittals (except desig n calculation s and desig n drawings ) will be only for
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the purpos e stated in Paragraph 6.19.C.
6.23 Righ t to Audit
A. The CMAR agrees tha t the Cit y shall, until the expiratio n of thre e (3) years afte r final
payment unde r this Agreement, have access to and the righ t to exa min e and photocopy any
directly pertinent books , documents , papers , and records of the CMAR involving transactions
relating t o this Agreement, except that any lump sum amounts or agreed-upon rates shall not be
subject to audit. CMAR agrees tha t the Cit y shall have access during Regula r Working Hours to
all necessary CMAR facilitie s and shall be provide d adequate and appropriate work space in
orde r to conduc t audits in complianc e wit h the provisions of this Paragraph. The Cit y shall
giv e CMAR reasonable advanc e notic e of intende d audits.
B. CMAR furthe r agrees to includ e in all it s subcontracts hereunde r a provision to the effec t that the
Contractor or Subcontractor(s) agree tha t the Cit y shall, until the expiratio n of thre e (3) years
afte r final pay ment unde r this Agreement, have access to a nd the righ t to exa min e and photocopy
any directly pertinent books , documents , papers , and records of suc h Contractor or
Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or
agreed-upon rates shall not be subject to audit), and further, tha t Cit y shall have access during
Regula r Working Hour s to all Contractor or Subcontractor facilities , and shall be provide d
adequate and appropriate work spac e in orde r to conduc t audits in complianc e wit h the
provisions of this Paragraph. The Cit y shall give Contractor or Subcontractor reasonable advanc e
notic e of intende d audits.
C. CMAR, Contractor and Subcontractor agre e to photocopy suc h documents as may be requeste d
by the City. The Cit y agrees to reimburs e CMAR, Contractor or Subcontractor for the cos t of the
copie s a t the rate publishe d in the Texa s Administrativ e Code in effect as of the time copying is
perfor med.
6.24 Nondiscrimination
A. The Cit y is responsible for operating Public Transportation Progra ms and imple mentin g transit -
related projects , whic h are funde d in part wit h Federal financia l assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administratio n (FTA), without
discriminatin g agains t any person in the Unite d State s on the basis of race, color , or national
origin.
B. Title VI, Civil Rights Ac t o f 1964 (the “Act”) a s amended: CMAR shall comply wit h the
require ments of the Act and the Regulations as furthe r define d in the Supple mentary Conditions
for any project receiving Federal assistance.
ARTICLE 7 – OTHER WOR K AT THE SITE
7.01 Related Wor k at Site
A. Cit y may perform othe r work related to the Projec t at the Sit e wit h City’s employees , or other
Cit y contractors , or through othe r direc t contracts therefor , or have othe r wor k perfor med by
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utilit y owners ; and such other contractors shall be responsible for procuring their own property,
liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensa tion), and such policies shall include a waiver
of subrogation in favor of CMAR. If suc h othe r wor k is not note d in the Contrac t Documents ,
the n writte n notice thereof will be give n to CMAR prio r to starting any suc h othe r work.
B. CMAR shall afford each othe r contractor who is a part y to suc h a direc t contract, each utility
owner , and City , if Cit y is performin g othe r wor k wit h City’s employee s or othe r City
contractors , prope r and safe access to the Site , provide a reasonable opportunity for the
introductio n and storage of materials and equipment and the execution of suc h othe r work, and
properly coordinate the Work wit h theirs . CMAR shall do all cutting, fitting , and patching of the
Wor k tha t may be require d to properly connec t or otherwis e make it s several parts come togethe r
and properly integrate wit h suc h othe r work. CMAR shall not endange r any work of other s by
cutting, excavating, or otherwis e alterin g suc h work; provided, however , that CMAR ma y cut or
alte r others ' wor k wit h the writte n consent of Cit y and the other s whose work will be a ffected.
C. If the prope r execution or result s of any part of CMAR’s Wor k depends upon wor k perfor med by
other s unde r this Article 7, CMAR shall inspec t suc h othe r wor k and promptly report to Cit y in
writin g any delays, defects, or deficiencies in suc h othe r wor k tha t rende r it unavailable or
unsuitable for the prope r execution and result s of CMAR’s Work. CMAR’s failur e to so repor t
will constitute an acceptance of suc h othe r wor k as fit and prope r for integratio n with CMAR’s
Wor k except for latent defects in the work provide d by others.
7.02 Coordination
A. If Cit y intends to contrac t wit h other s for the perfor manc e of othe r wor k on the Projec t a t the
Site , the followin g will be set forth in Supple mentary Conditions:
1. the individua l or entit y who will have authorit y and responsibilit y for coordination of the
activitie s a mong the various contractor s will be identified;
2. the specific matters to be covere d by suc h authority and responsibilit y will be ite mized; and
3. the extent of suc h authority and responsibilitie s will be provided.
B. Unles s otherwis e provide d in the Supple mentary Conditions , Cit y shall have authority for such
coordination.
ARTICLE 8 – CITY’S RESPONSIBILITIES
8.01 Communications to CMAR
Cit y shall issue all communications to CMAR.
8.02 Furnish Data
Cit y shall timely:
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A. P rovide to CMAR all criteria and full information as to its requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which the City will require to be included in the Project’s design or other
information require d unde r the Contrac t Documents.
B. Provide to CMAR all non -confidential technical data in its possession which it may lawfully
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pa y Whe n Due
Cit y shall make payments to CMAR in accordance wit h Article 14.
8.04 Change Orders
Cit y shall execute Change Order s in accordance wit h Paragraph 10.03.
8.05 Inspections, Tests, and Approvals
City’s responsibilit y wit h respect to certain inspections , tests, and approvals is set forth in Paragraph
13.03.
8.06 Limitation s o n City’s Responsibilities
A. The Cit y shall not supervise , direct, or have control or authorit y over , nor be responsible for,
CMAR’s means, methods , techniques , sequence s, or procedure s of construction, or the safety
precautions and progra ms inciden t thereto, or for any failur e of CMAR to comply wit h Laws and
Regulations applicable to the performanc e of the Work. Cit y will not be responsible for
CMAR’s failur e to perfor m the Work in accordance wit h the Contrac t Documents.
B. Cit y will notify the CMAR of any applica ble City safety plan s pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardous En vironmental Condition
City’s responsibilit y wit h respect to an undisclos ed Hazardous Environmenta l Condition is set forth
in Paragraph 4.06.
ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City’s Project Representative
Cit y will provide one or mor e Projec t Representative(s) for the duration of the Project. The duties
and responsibilitie s and the limitation s of authority of City’s Project Representative(s) during each
phase of the Work are set forth in the Contrac t Documents .
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9.02 Visits to Site
A. City’s Projec t Representative will make visit s to the Sit e at intervals appropriate to the various
stage s of the Work as Cit y dee ms necessary in orde r to observe the progres s tha t ha s been made
on the various aspects of the Work. Based on informatio n obtaine d during suc h visit s and
observations , City’s Projec t Representative will deter mine , in general, if the Wor k is procee din g
in accordance wit h the Contrac t Documents. City’s Projec t Representative will not be require d to
make exhaustive or continuous inspections on the Sit e to check the qualit y or quantity of the
Work. City’s Projec t Representative’s e fforts will be directed towar d providing Cit y a greater
degre e of confidenc e tha t the complete d Work will confor m generally to the Contrac t
Documents.
B. City’s Projec t Representative’s visit s and observations are subjec t to all the limitation s on
authority and responsibilit y in the Contrac t Documents includin g thos e set forth in Paragraph
8.06.
9.03 Authorized Variation s in Work
City’s Projec t Representative ma y authorize mino r variation s in the Work from the require ments of
the Contrac t Documents whic h do not involve a n adjustment in the GMP or the Contract Time and
are compatible wit h the desig n concept of the complete d Projec t as a functioning whole as indicated
by the Contrac t Documents . Thes e may be accomplishe d by a Field Orde r and will be binding on
Cit y and CMAR, who shall perfor m the Work involve d promptly.
9.04 Rejectin g Defective Work
Cit y will have authority to reject Wor k whic h City’s Projec t Representative, in conjunction with
input from City inspectors, believe s to be de fective, or will not produc e a complete d Projec t tha t
conforms to the Contrac t Documents or tha t will prejudic e the integrit y of the desig n concept of the
complet ed Projec t as a functioning whole as indicated by the Contrac t Documents . Cit y will have
authority to conduc t special inspectio n or testing of the Wor k as provide d in Article 13, whethe r or
not the Work is fabricated, installed , or completed.
9.05 Determinations fo r Wor k Performed
CMAR will determin e the actual quantitie s and classification s of Wor k per formed. City’s Project
Representative will revie w wit h CMAR the preliminar y determination s on suc h matters be fore
rendering a writte n recommendation. City’s writte n decisio n will be fina l (except as modifie d to
reflect change d factual conditions or mor e accurate data).
9.06 Decision s o n Requirements o f Contrac t Documents and Acceptability of Work
A. Cit y will be the initia l interprete r of the require ments of the Contract Documents and judge of the
acceptability of the Wor k thereunder.
B. Cit y will rende r a written decisio n on any issue referred.
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C. City’s writte n decisio n on the issue referre d will be fina l and binding on the CMAR, subject to
the provision s of Paragraph 10.06.
ARTICLE 10 – CHANGES IN THE WORK ; CLAIMS; EXTRA WORK
10.01 Authorize d Changes in th e Work
A. Without invalidatin g the Agreement and without notice to any surety, Cit y may, at any time or
from time to time, orde r Extra Work. Upon notic e of suc h Extra Work, CMAR shall promptly
procee d wit h the Wor k involve d whic h will be performed unde r the applicable conditions of the
Contrac t Documents (except a s otherwis e specifically provided). Extra Work shall be
memorialize d by a Change Orde r whic h may or may not precede an orde r of Extra work.
B. For mino r change s of Wor k not requirin g change s to Contrac t Time or Contrac t Price , a Field
Orde r may be issued by the City.
10.02 Unauthorized Change s in th e Work
CMAR shall not be entitle d to an increase in the Contrac t Pric e or an extension of the Contract Time
wit h respect to any work perfor me d tha t is not require d by the Contrac t Documents as amended,
modified , or supple mente d a s provide d in Paragraph 3.04, except in the case of an e mergenc y as
provide d in Paragraph 6.18.
10.03 Executio n of Change Orders
A. Cit y and CMAR shall execute appropriate Change Order s covering:
1. change s in the Wor k whic h are: (i) ordere d by Cit y pursuant to Paragraph 10.01.A , (ii)
require d because of acceptance of defective Wor k unde r Paragraph 13.08 or City’s correction
of defective Wor k unde r Paragraph 13.09, or (iii) agreed to by the parties;
2. change s in the Contrac t Pric e or Contrac t Time whic h are agreed to by the parties, including
any undisputed sum or a mount of time for Wor k actually performed.
10.04 Extra Work
A. Should a difference aris e as to wha t doe s or doe s not constitute Extra Work, or as to the payment
thereof , and the Cit y insist s upon it s perfor mance, the CMAR shall procee d wit h the work afte r
makin g writte n reques t for written order s and shall kee p accurate account of the actual
reasonable cos t thereof . Contrac t Claims regardin g Extra Wor k shall be made pursuant to
Paragraph 10.06.
B. The CMAR shall furnis h the Cit y suc h inst allatio n records of all deviations from the original
Contrac t Documents as may be necessary to enable the Cit y to prepar e for per manent record a
corrected set of plan s showing the actual installation.
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C. The compensation agreed upon for Extra Wor k whethe r or not initiate d by a Change Orde r shall
be a full, complet e and fina l payment for all costs CMAR incur s as a result or relatin g to the
change or Extra Work, whethe r said costs are known, unknown, foreseen or unforesee n at that
time, includin g without limitation , any costs for delay , extende d overhead, ripple or impac t cost,
or any othe r effect on change d or unchange d wor k as a result of the change or Extra Work.
10.05 Notificatio n to Surety
If the provisions of any bond requir e notic e to be give n to a surety of any change affecting the
genera l scope of the Wor k or the provisions of the Contrac t Documents (including, but not limited
to, Contrac t Pric e or Contrac t Time), the givin g of any suc h notic e will be CMAR’s responsibility .
The amount of each applicable bond will be adjuste d by the CMAR to reflect the effect of any suc h
change.
10.06 Contract Claims Process
A. City’s Decisio n Required : All Contrac t Claims, except thos e waive d pursuant to Paragraph
14.09, shall be referred to the Cit y for decision. A decisio n by Cit y shall be require d as a condition
precedent to any exercise by CMAR of any rights or remedie s it may otherwise have unde r the
Contrac t Documents or by Laws and Regulations in respect of suc h Contract Claims.
B. Notice:
1. writt en notic e stating the genera l natur e of each Contrac t Claim shall be delivere d by the
CMAR to Cit y no late r tha n 15 days after the start of the event givin g ris e thereto. The
responsibilit y to substantiate a Contrac t Claim shall rest wit h the part y makin g the Contract
Claim.
2. notic e of the a mount or extent of the Contrac t Claim, wit h supporting data shall be delivered
to the Cit y on or befor e 45 days from the start of the event givin g ris e thereto (unles s the City
allow s additiona l time for CMAR to submit additiona l or mor e accurate data in support of
suc h Contrac t Claim).
3. a Contrac t Claim for an adjustment in GMP shall be prepare d in accordance with the
provisions of Paragraph 12.02.
4. a Contrac t Claim for an adjustment in Contrac t Time shall be prepare d in accordance with
the provisions of Paragraph 12.03.
5. each Contrac t Claim shall be accompanie d by CMAR’s writte n state ment tha t the adjustment
claimed is the entir e adjustment to whic h the CMAR believe s it is entitle d as a result of said
event.
C. City’s Actio n : Cit y will revie w each Contrac t Claim and, within 30 days afte r receipt of the last
submittal of the CMAR, if any, take one of the followin g actions in writing:
1. deny the Contrac t Claim in whole or in part;
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2. approve the Contrac t Claim; or
3. notify the CMAR tha t the Cit y is unable to resolv e the Contrac t Claim if, in the City’s
sole discretion , it would be inappropriate for the Cit y to do so. For purpose s of further
resolutio n of the Contrac t Claim, suc h notic e shall be dee me d a denial.
D. City’s written action unde r Paragraph 10.06.C will be fina l and binding, unles s Cit y or CMAR
invoke the dispute resolutio n procedur e set forth in Article 16 within 30 days of such action or
denial.
E. No Contrac t Claim for a n adju stment in Contrac t Pric e or Contrac t Time will be valid if not
submitted in accordance wit h this Paragraph 10.06.
ARTICLE 11 – COST OF THE WORK ; ALLOWANCES; UNI T PRICE WORK
11.01 Cost of Work
A. Costs Included: The term Cos t of Wor k means the sum of all costs , except thos e exclude d in
Paragraph 11.01.B , necessarily incurre d and paid by CMAR in the prope r perfor manc e of the
Work. Whe n the valu e of any Wor k is covere d by a Change Order, the costs to be reimburse d to
CMAR will be only thos e additiona l or incre menta l costs require d because of the change in th e
Work. Suc h Cost of the Work shall not includ e any of the costs ite mize d in Paragraph 11.01.B ,
but shall includ e, but not be limite d to, the followin g ite ms:
1. payroll costs for e mployee s in the direc t employ of CMAR in the performanc e of the
Work unde r schedule s of jo b classification s agreed upon by Cit y and CMAR . Such
employee s shall include , without limitation , superintendents , fore men, and othe r personnel
employe d full time on the Work. Payroll costs for employee s not employe d full time on the
Work shall be apportione d on the basis of their time spent on the Work. Payroll cost s shall
include;
a. salarie s wit h a 55% markup, or
b. salarie s and wage s plu s the cos t of fringe benefits , whic h shall includ e socia l security
contributions , une mployment, excise, and payroll taxes, workers ’ compensation, health
and retirement benefits , bonuses , sic k leave, vacation and holida y pa y applicable thereto.
The expense s of perfor min g Work outside of Regula r Working Hours , Weekend
Working Hours , or lega l holidays , shall be include d in the above to the extent authorized
by City.
2. Cos t of all materials and equipment furnishe d and incorporate d in the Work, includin g costs
of transportation and storage thereof , and Suppliers ’ field services require d in connection
therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates , and
refunds or returns from sale of surplus materials and equipment shall accrue to City and
CMAR shall make provisions so that they may be obtained. Costs of materials described in
this paragraph in excess of those actually installed but required to provide reasonable
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allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to
the Cit y at the completion of the Work or, at the City’s option, shall be sold by the CMAR
or returned to the supplier; amounts realized, if any, from such sales or returns shall be
credited to the City as a deduction from the Cost of the Work.
3. Rentals of all construction equipment and machinery, and the parts thereof, whethe r rented
from CMAR or others in accordance wit h renta l agreements approve d by City , and the costs
of transportation, loading, unloading, assembly , dis mantling , and remova l thereof . All s uc h
costs shall be in accordance wit h the terms of said renta l agreements . The renta l of any suc h
equipment, machinery, or parts shall cease whe n the us e thereof is no longe r necessary for
the Work.
4. Payments made by CMAR to its Contractor or Subcontr actors for Work perfor me d by
Contractor or Subcontractors . If any subcontrac t provide s tha t the Subcontractor is to be
paid on the basis of Cos t of the Work plu s a fee, the Subcontractor’s Cos t of the Wor k and
fee shall b e determine d by the CMAR.
a. Full r ental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
Media, Inc. (“Blue Book”), as adjusted to the regional area of the Project. The most
recent published edition in 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 City’s Project Representative or
Engineer or accepted at reduced rates.
c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the
basis that the equipment was on and utilized at the Project site. In addition to the
leasing rate above, equipment operational costs shall be paid at the estimated operating
cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Actual Usage
Blue Book Payment
Category
Less than 8 hours Hourly Rate
8 or more hours but less than
7 days Daily Rate
7 or more days but less than
30 days Weekly Rate
30 days or more Monthly Rate
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d. Equipment when idle (Standby): Idle or standby equipment is equipment on-site or in
transit to and from the Work site and necessary to perform the Work under the
modification but not in actual use. Idle equipment time, as documented by the
Engineer, shall be paid at the leasing rate determined in Paragraph 11.01.A.4.c.,
excluding operational costs.
e. Where a breakdown occurs on any piece of equipment, payment shall cease for that
equipment and any other equipment idled by the breakdown. If any part of the Work is
shut down by the City , standby time will be paid during non-operating work hours if
diversion of equipment to other Work is not practicable. Project Representative
reserves the right to cease standby time payment when an extended shutdown is
anticipated.
5. Costs of special consultants (includin g but not limite d to engineers , architects, testing
laboratories , surveyors , attorneys , and accounta nts) employe d by CMAR for services
specifically related to the Work.
6. Supple menta l costs includin g the following:
a. The proportion of necessary transportation, travel, and subsistenc e expense s of
CMAR’s employee s incurre d in discharge of dutie s connecte d wit h the Work.
b. Cost, includin g transportation and maintenance, dismantling and removal of all materials,
supplies , equipment, machinery, appliances, office , and te mporar y facilitie s at the Site ,
and hand tools not owne d by the workers , whic h are consumed in the performanc e of the
Work, and cost, less marke t value , of suc h ite ms use d but not consumed whic h remain
the property of CMAR.
c. Sales, consumer, use , and othe r simila r taxe s related to the Work, and for which CMAR
is liable not covere d unde r Paragraph 6.12, as impose d by Laws and Regulations.
d. Deposits los t for causes othe r tha n neglig enc e of CMAR, any Subcontractor, or
anyone directly or indirectly employe d by any of the m or for whos e acts any of the m may
be liable , and royalty payments and fees for permit s and licenses.
e. Losses and da mage s (and related expenses ) caused by da mage to any of the Work that
has been completed and accepted by the City, not compensate d by insuranc e or
otherwise , sus taine d by CMAR in connection wit h the performanc e of the Work,
provide d suc h losses and da mage s have resulte d from causes othe r tha n the negligenc e of
CMAR, any subcontractor , or anyone directly or indirectly employe d by any of the m or
for whos e acts any of the m may be liable . Such losse s shall includ e settlements made
wit h the writte n consent and approva l of City . No suc h losses, da mages, and expense s
shall be include d in the Cos t of the Work for the purpos e of determinin g CMAR’s fee.
If, however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for
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services, a fee proportionate to that stated in Paragraph 12.01.
f. The cos t of utilities , fuel, and sanitary facilitie s at the Site.
g. Mino r expense s suc h as lon g distanc e telephone calls , telephone, facsimile transmissions
and communicatio n servic es at the Site , reproduction costs, progress photography costs,
costs of general office and similar supplies , postage , expres s delivery and courie r
services, and simila r petty cash items in connection wit h the Work.
h. The costs of pre miu ms for all bonds CMAR is require d by the Contract Documents to
purchas e and maintain ; the cost of all subcontractor bonds and/or an agreed-upon rate for
subcontractor default insurance ; and insurance at an agreed-upon rate .
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the CMAR’s personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR’s written policies for personnel at or below the level of Project
Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
subcontractors for this Project.
l. Deductibles and self-insured retention a mounts associated with insurance.
m. Fees and assessments for the building permit and for other permits, licenses and
inspections for which the CMAR is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the C ontract Documents, except those
related to nonconforming Work other than that for which payment is permitted 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 CMAR resulting from such suits or claims , such payments made
only with the City’s consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the Contractor's Fee
or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not
excluded by provisions of the Contract Documents.
p. Legal or mediation costs, other than those arising from disputes between the City and
CMAR or reasonably incurred by the CMAR in the performance of the Work, except
where covered under any indemnity by CMAR and only with the City’s written
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permission .
q. Reasonable expenses incurred in accordance with the CMAR’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 CMAR 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 CMAR in repairing or correcting damaged or nonconforming Work
performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that
such damaged or nonconforming Work was not caused by the negligence or failure of the
CMAR or the CMAR’s employees , including supervisory, administrative or managerial
personnel, to perform in accordance with the Contract Documents or by the failure of the
CMAR’s personnel to supervise ade quately the Work of the subcontractors or suppliers,
and only to the extent that the cost of repair or correction is not recoverable by the CMAR
from insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
approved in advance in writing by the City .
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities, temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded : The term Cos t of the Wor k shall not includ e any of the followin g ite ms:
1. Payroll costs and othe r compensation of CMAR’s officers, executives, principals (of
partnerships and sole proprietorships), genera l managers, safety managers, engineers,
architects, estimators , attorneys , auditors , accountants , purchasing and contracting agents,
expediters , timekeepers, clerks, and othe r personne l employe d by CMAR, whethe r at the Sit e
or in CMAR’s principa l or branc h office for genera l administratio n of the Work and not
specifically include d in the agreed upon schedule of jo b classification s referred to in
Paragraph 11.01.A.1 or specifically covere d by Paragraph 11.01.A.4, all of whic h are to be
considere d administrativ e costs covere d by the CMAR’s fee.
2. Expense s of CMAR’s principa l and branc h office s othe r tha n CMAR’s offic e at the Site.
3. Any par t of CMAR’s capital expenses , includin g interest on CMAR’s capital employe d for
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the Work and charge s agains t CMAR for delinquent payments.
4. Costs due primarily to the negligenc e of CMAR , any subcontractor , or anyone directly or
indirectly e mploye d by any of the m or for whos e acts any of the m may be liable , includin g
but not limite d to, the correction of defective Work, disposa l of materials or equipment
wrongly supplied , and makin g good any da mage 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 11.01.A.
6. The CMAR’s capital expenses, including interest on the CMAR’s capital employed for the
Work.
7. Rental costs of machinery and equipment, except as specifically provided in P aragraph
11.01.A.3.
8. Liquidated damages assessed the CMAR by the City .
9. Data processing and software costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.01.B.1 above.
11. That portion of the reasonable travel and subsistence expenses of the CMAR’s personnel
incurred while traveling in discharge of duties connected with the Work in accordance with the
Contractor’s written policies for personnel identified in Paragraph 11.01.B.1 above .
C. CMAR’s Fee : CMAR’s fee shall be determine d as set forth in the Agree ment. Whe n the valu e
of any Wor k covere d by a Change Orde r for a n adjustment in Contrac t P ric e is determine d
on the basis of Cos t of the Work, CMAR’s fee shall be determine d as set forth in Paragraph
12.02.
D. Documentation: Wheneve r the Cos t of the Wor k for any purpos e is to be determine d pursuant to
Paragraphs 11.01.A and 11.01.B , CMAR will establis h and maintain records thereof in
accordance wit h generally accepted accounting practices and submit in a for m acceptable to City
an ite mize d cos t breakdow n togethe r wit h supporting data.
E. For all subcontracts, the CMAR shall ensure compliance with Texas law.
F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall
accrue to the City if (1) before making the payment, the CMAR included them in an Application
for Payment and rece ived payment therefore from the City or (2) the City has deposited funds with
the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR
Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials
and equipment shall accrue to the City , and the CMAR Contractor shall make provisions so that
they can be secured. Amounts which accrue to the City in accordance with the provisions of this
paragraph shall be credited to the City as a deduction from the Cost of the Work.
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G Accounting Records: The CMAR 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 sha ll be satisfactory to the City .
11.02 Allowances/Contingency
A. Specified Allowances or Contingency Amounts: CMAR may include in the GMP allowances or
contingency amounts as may be acceptable to City. Specific allowance or contingency amounts
will be negotiated and memorialized in the Agreement.
B. Pre-bid Allowances:
1. may includ e the cos t of materials and equipment required by CMAR to be delivere d to the
Site including all applicable taxes; and
2. may include CMAR’s costs for unloading and handlin g such materials or equipment
at the Site including labor, installation , overhead, profit, and othe r expense s conte mplate d
by CMAR and no de mand for additiona l payment on account of any of the foregoing
exceeding the Pre -Bid Allowance amount will be va lid.
C. Prio r to Fina l Payment , a n appropriate Change Orde r will be issued to reflect actual amounts due
CMAR on account of Work covere d by allowance or contingency funds , if provided for in the
Agreement, and the Contrac t Pric e shall be correspondingly adjusted.
11.03 Unit Price Work
A. Wher e the Construction Documents provide tha t all or par t of the Wor k is to be Unit Pric e
Work, initially the GMP will be dee me d to includ e for all Unit Pric e Wor k an amount equa l to
the sum of the unit pric e for each separately identifie d ite m of Unit Pric e Wor k times the
estimate d quantit y of each ite m as indicate d in the Agree ment.
B. The estimated quantitie s of ite ms of Unit Pric e Work are not guarantee d and are solely for the
purpos e of compariso n of Bid s and determinin g a n initia l GMP . Determination s of the actual
quantitie s and classification s of Unit Pric e Wor k per formed by CMAR will be made by City
subjec t to the provisions of Paragraph 9.05.
C. Wor k describe d in the Contrac t Documents , or reasonably infer red a s require d for a functionally
complet e installation, bu t not identifie d in the listin g of unit pric e ite ms shall be considere d
incidenta l to unit price wor k liste d and the cos t of incidenta l work include d as part of the unit
price.
D. Cit y may make an adjustment in the GMP in accordance wit h Paragraph 12.02 if:
1. the quantity of any ite m of Unit Pric e Work per for med by CMAR differs materially and
significantly from the estimate d quantity of suc h ite m indicate d in the Construction
Documents ; and
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2. there is no corresponding adjustment wit h respect to any othe r ite m of Work.
E. Increased or Decreased Quantities: The Cit y reserves the righ t to orde r Extra Work in
accordance wit h Paragraph 10.01.
1. If the change s in quantitie s or the alterations do not significantly change the character of
work unde r the Contrac t Documents , the altered wor k may be paid for with allowance or
contingency funds .
2. If the change s in quantitie s or alterations significantly change the character of work, the
Agre ement will be amende d by a Change Order in accordance wit h Article 10.
4. A significan t change in the character of work occur s when:
a. the character of work for any ite m as altered differs materially in kin d or nature from that
in accordance with the P lan s or the Construction Documents ; or
b. a Majo r Ite m of wor k varie s by mor e tha n 25% from the origina l P lans or Construction
Documents quantity.
5. Whe n the quantity of work to be done unde r any Majo r Ite m of the Agreement is more
than 125% of the origina l quantity sta ted in the Agreement, the n eithe r party may reques t
an adjustment to the unit pric e on the portion of the work tha t is above 125%.
6. Whe n the quantity of work to be done unde r any Majo r Ite m of the Agreement is les s tha n
75% of the origina l quantity state d in the Agreement, the n eithe r party ma y request a n
adjustment to the unit price.
11.04 Additional Compensation. Where CMAR may be entitled to additional compensation, the
calculation to determine such additional compensation shall not include any costs or expenses for any
home -office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples
of which include: project site trailer, project site utility costs, project site supervision, Projec t Engineer
(billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs .
ARTICLE 1 2 – CMAR ’S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT
TIME, DELAYS
12.01 CMAR’s Fee
The CMAR’s Fee shall be as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GMP may only be change d by a Change Order.
B. The valu e of any Wor k covere d by a Change Orde r will be determine d as follows:
1. wher e the Work involve d is covere d by unit price s containe d in the Contrac t Documents , by
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applicatio n of suc h unit price s to the quantitie s of the ite ms involve d (subjec t to the
provisions of Paragraph 11.03); or
2. wher e the Wor k involve d is not covere d by unit price s containe d in the Contrac t Documents,
by a mutually agreed lu mp sum or unit pric e plus CMAR’s Construction Services Fee , and
shall includ e the cost of any secondary impacts tha t are foreseeable at the time of pricin g
the cos t of Extra Work; or
3. where the Work involve d is not covere d by unit price s containe d in the Contrac t Documents
and agreement to a lu mp sum or unit pr ice is not reached unde r Paragraph 12.02.B.2, on the
basis of the Cos t of the Work (determine d as provide d in Paragraph 11.01) plu s CMAR’s
Construction Services Fee .
4. the amount of credit to be allowe d by CMAR to Cit y for any change whic h result s in a ne t
decrease in cos t will be the amount of the actual ne t decrease in cos t plu s a corresponding
deduction in CMAR’s Fee.
12.03 Change o f Contrac t Time
A. The Contrac t Time ma y only be change d by a Change Order.
B. No extension of the Contrac t Time will be allowed for Extra Wor k or for a claimed dela y unless
the Extra Work or claimed dela y is show n to be on the critica l path of the Project Schedule or
CMAR can show by critic al path method analysis how the Extra Wor k or claimed dela y
adversely affects the critica l path.
12.04 Delays
A. Where CMAR is reasonably delaye d in the perfor manc e or complet ion of any part of the
Wor k due to dela y beyond the control of CMAR, and tha t affected Work is within the Contrac t
Time, the Contrac t Time may be extende d in an amount equa l to the time lost due to suc h dela y
if a Contrac t Claim is made therefor. Delays beyond the control of CMAR shall include , but not
be limite d to, acts or negle ct by City or its Engineer or consultants , acts or neglec t of utilit y
owner s or othe r contractor s perfor min g othe r wor k as conte mplate d by Article 7, fires, floods ,
epide mics or abnor mal weather conditions.
B. If CMAR is delayed, Cit y shall not be liable to CMAR for any claims, costs , losses, or da mage s
(includin g but not limite d to all fees and charge s of engineers , architects, attorneys , and othe r
professionals and all cour t or othe r dispute resolutio n costs ) sustaine d by CMAR on or in
connection wit h any othe r projec t or anticipated project of CMAR.
C. CMAR shall not be entitle d to an adjustment in Contrac t Pric e or Contrac t Time for delays
within the control of CMAR. Delays attributable to and within the control of a Subcontractor or
Supplie r shall be dee med to be delays within the control of CMAR.
D. The CMAR shall receive no compensation for delays or hindrance s to the Work, except when
direc t and unavoidable extr a cos t to the CMAR is caused by the acts or neglect of the City or its
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Engineer or consultants, or utility owners or separate contractors, including without limitation
the failur e of the Cit y to provide informatio n or material, if any, whic h is to be furnishe d by the
City.
ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVA L OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notic e of all defective Wor k of whic h Cit y ha s actual knowledge will be give n to CMAR. Defective
Wor k may be rejected, corrected, or accepted as provide d in this Article 13.
13.02 Access to Work
City , independent testing laboratories , and governmenta l agencies wit h jurisdictiona l interests shall
have access to the Sit e and the Wor k at reasonable times for their observation, inspection, and
testing. CMAR shall provide the m prope r and safe conditions for suc h access and advis e the m of
CMAR’s safety procedure s and progra ms so tha t the y may comply therewith as applicable.
13.03 Tests and Inspections
A. CMAR shall giv e Cit y timely notic e of rea dines s of the Wor k for all require d inspections,
tests, or approvals and shall cooperate wit h inspection and testing personne l to facilitat e required
inspections or tests.
B. If Contrac t Documents , Laws or Regulations require any of the Work (or par t thereof ) to be
inspected, tested, or approved by City, City shall assume responsibilit y for arranging and
obtaining suc h independent inspections , tests , retests or approvals , pa y all costs in connection
therewith, and receive the require d certificates of inspection or approval; excepting, however,
thos e fees specifically identifie d in the Supple mentary Conditions or any Texa s Department of
Licensure and Regulatio n (TDLR) inspections , whic h shall be paid as describe d in the
Supple mentary Conditions.
C. CMAR shall be responsible for arranging and obtaining and shall pa y all costs in connection
wit h any additional inspections , tests, re-tests, or approvals require d for City’s acceptance of
materials or equipment to be incorporate d in the Work; or acceptance of materials, mix designs ,
or equipment submitte d for approva l prior to CMAR’s purchase thereof for incorporation in
the Work. Suc h inspections , tests, re-tests, or approvals shall be perfor med by firms acceptable
to City.
D. Cit y may arrange for the services of an ind e pendent testing laborator y (“Testing Lab”) to
perf or m any inspections or tests for any par t of the Work, as determine d solely by City.
1. Cit y will coordinate suc h testin g wit h Contractor;
2. Should any testing unde r this Section 13.03 D result in a “fail”, “did not pass ” or other
simila r negative result , the CMAR shall be responsible for paying for any and all retests.
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CMAR’s cancellation without cause of Cit y initiate d testing shall be dee med a negative
result and require a retest.
3. Any amounts owe d for any retest unde r this Section 13.03 D shall be paid directly to the
Testing La b by CMAR. Cit y will forward all invoice s for retests to CMAR.
4. If CMAR fails to pa y the Testing Lab, Cit y will not issue Fina l Payment until the Testing La b
is paid.
E. If any Work (or the wor k of others ) tha t is to be inspected, tested, or approve d is covere d by
CMAR without writte n concurrenc e of City , CMAR shall, upon request by City , uncover suc h
Wor k for observation.
F. Uncovering Work as provide d in Paragraph 13.03.E shall be at CMAR’s expense.
G. CMAR shall have the righ t to make a Contract Claim regarding any retest or invoic e issued
unde r Section 13.03 D.
13.04 Uncovering Work
A. If any Wor k is covere d contrar y to the Contrac t Documents or specific instructions by the City , it
must, if requeste d by City , be uncovere d for City’s observation and replaced at CMAR’s
expense.
B. If Cit y considers it necessary or advisable tha t covere d Wor k be observe d by Cit y or inspecte d or
tested by others , CMAR, at City’s request, shall uncover , expose , or otherwise make available for
observation, inspection, or testing as Cit y may require , tha t portion of the Wor k in question,
furnishing all necessary labor , material, and equipment.
1. If it is found tha t the uncovere d Work is defective, CMAR shall pa y all claims, costs,
losses, and da mage s (includin g but not limite d to all fees and charge s of engineers , architects,
attorneys , and othe r professionals and all cour t or othe r dispute resolutio n costs ) arisin g out
of or relatin g to suc h uncovering, exposure , observa tion , inspection, and testing, and of
satisfactory replacement or reconstruction (includin g but not limite d to all costs of repair or
replacement of work of others); or Cit y shall be entitle d to accept defective Wor k in
accordance wit h Paragraph 13.08 in whic h case CMAR shall still be responsible for all cost s
associated wit h exposing, observing, and testing the defective Work.
2. If the uncovere d Wor k is not found to be defective , CMAR shall be compensated for costs
and/or time directly attributable to suc h uncovering, exposure , observation, inspection,
testing, replacement, and reconstruction.
13.05 City May Sto p th e Work
If the Wor k is defective, or CMAR fails to supply sufficien t skille d worker s or suitable materials or
equipment, or fails to perfor m the Wor k in such a way tha t the complete d Work will conform to the
Contrac t Documents , Cit y may orde r CMAR to stop the Work, or any portion thereof, until th e
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cause for suc h orde r ha s bee n eliminated; howeve r, this righ t of Cit y to stop the Work shall not give
ris e to any duty on the part of Cit y to exercise this righ t for the benefit of CMAR , any
Subcontractor , any Supplier , any othe r individua l or e ntity, or any surety for, or employe e or agent of
any of the m.
13.06 Correctio n o r Removal o f Defect iv e Work
A. Promptly afte r receipt of writte n notice , CMAR shall correct all defective Wor k pursuant to a n
acceptable schedule , whethe r or not fabricated, installed , or completed, or , if the Wor k has bee n
rejected by City , re move it from the Projec t and replace it wit h Wor k tha t is not de fective.
CMAR shall pa y all claims, costs , additional testing, losses, and da mage s (includin g but not
limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
court or othe r dis pute resolutio n cos ts) arisin g out of or relatin g to suc h correction or remova l
(includin g but not limite d to all costs of repair or replacement of work of others). Failur e to
requir e the remova l of any de fective Wor k shall not constitute acceptance of suc h Work.
B. Whe n correcting defective Work unde r the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action tha t would void or otherwis e impair City’s special warranty and
guarantee , if any, on said Work.
13.07 Correctio n Period
A. If within two (2) years after the dat e of Substantial Completion, any Work is found to be
defective, or if the repair of any da mage s to the lan d or areas made available for CMAR’s us e
by Cit y or per mitte d by Laws and Regulations as conte mplate d in Paragraph 6.11.A is found to
be defective, CMAR shall promptly , without cos t to Cit y and in accordance wit h City’s writte n
instructions:
1. repair suc h defective lan d or areas; or
2. correc t suc h defective Work; or
3. if the defective Wor k ha s bee n rejected by City , remove it from the Projec t and replace it
wit h Work tha t is not defective, and
4. satisfactorily correc t or repair or re move and replace any da mage to othe r Work, to the work
of other s or othe r lan d or areas resultin g therefrom.
B. If CMAR doe s not promptly comply wit h the terms of City’s written instructions , or in an
e mergenc y wher e dela y would cause seriou s ris k of los s or da mage , Cit y ma y have the defective
Wor k corrected or repaire d or may have the rejected Wor k remove d and replaced. All claims,
costs , losses, and da mage s (includin g but not limite d to all fees and charge s of engineers,
architects, attorneys , and othe r professionals and all court or othe r dispute resolutio n costs)
arisin g out of or relatin g to suc h correction or repair or suc h remova l and replacement (including
but not limite d to all costs of repair or replacement of work of others ) will be paid by CMAR.
C. In special circumstances wher e a particula r ite m of equipment is placed in continuous service
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before Substantia l Completion of all the Work, the correction perio d for tha t ite m may start to
run from an earlie r date if so provide d in the Contrac t Documents.
D. Where defective Work (and da mage to othe r Wor k resultin g therefrom) ha s bee n corrected or
remove d and replaced unde r this Paragraph 13.07, the correction perio d hereunde r wit h respect
to suc h Wor k may be require d to be extende d for an additiona l perio d of six months afte r the end
of the initia l correction period. Cit y shall provide 30 days written notic e to CMAR should such
additiona l warranty coverage be required. CMAR may dispute this require ment by filin g a
Contrac t Claim.
E. Contractor’s obligations unde r this Paragraph 13.07 are in additio n to any othe r obligatio n or
warranty. The provisions of this Paragraph 13.07 shall not be construe d as a substitute for , or a
waive r of, the provisions of any applicable statute of limitatio n or repose.
13.08 Acceptance o f Defective Work
If, instea d of requirin g correction or remova l and replacement of defective Work, Cit y prefers to
accept it , Cit y may do so. CMAR shall pa y all claims, costs , losses, and da mage s (includin g but not
limite d to all fees and charge s of engineers , architects, attorneys , and othe r professionals and all
cour t or othe r dispute resolutio n costs ) attributa ble to City’s evaluation of and determinatio n to
accept suc h defective Wor k and for the diminishe d valu e of the Wor k to the extent not otherwise
paid by CMAR. If any suc h acceptance occurs prio r to Fina l Acceptance, a Change Orde r will be
is sue d incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work,
and Cit y shall be entitle d to an appropriate decrease in the Contrac t Price , reflectin g the diminished
valu e of Wor k so accepted.
13.09 City May Correct Defec tive Work
A. If CMAR fails within a reasonable time afte r writte n notic e from Cit y to correct de fective
Work, or to remove and replace rejected Work as require d by Cit y in accordance wit h
Paragraph13.06.A , or if CMAR fails to perfor m the Wor k in accordanc e wit h the Contrac t
Documents, or if CMAR fails to comply wit h any othe r provision of the Contrac t Documents ,
Cit y may, a fter seve n (7) days written notic e to CMAR, correct or remedy any suc h de ficiency.
B. In exercising the rights and remedie s unde r this Paragraph 13.09, Cit y shall proceed
expeditiously. In connection wit h suc h cor rective or remedia l action, Cit y may exclude CMAR
from all or part of the Site , take possession of all or par t of the Wor k and suspend service s
related thereto, and incorporate in the Work all materials and equipment incorporate d in the
Work, store d at the Sit e or for whic h Cit y ha s paid CMAR but whic h are stored elsewhere.
CMAR shall allo w City , City’s representatives, agents , consultants, e mployees , and City’s othe r
contractors, access to the Sit e to enable Cit y to exercise the rights and re medie s unde r this
Paragraph 13.09.
C. All claims, costs , losses, and da mage s (includin g but not limite d to all fees and charge s of
engineers , architects, attorneys , and othe r professionals and all cour t or othe r dispute resolution
costs ) incurre d or sustaine d by Cit y in exercising the rights and remedie s unde r this
Paragraph13.09 will be charge d agains t CMAR, and a Change Orde r will be issued
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incorporating the necessary revision s in the Contrac t Documents wit h respect to the Work; and
Cit y shall be entitle d to an appropriate decrease in the Contrac t Price.
D. CMAR shall not be allowe d an extension of the Contrac t Time because of any dela y in the
performanc e of the Wor k attributable to the exercise of City’s rights and remedie s unde r this
Paragraph 13.09.
ARTICLE 1 4 – PAYMENTS TO CMAR AND COMPLETION
14.01 Schedule of Values
The Schedule of Value s will serve as the basis for progres s payments and will be inc orporate d int o
an Applicatio n for Payment acceptable to City . Progres s payment s on account of Unit Pric e Wor k
will be base d on the numbe r of units completed.
14.02 Progress Payments
A. Applications fo r Payments:
1. CMAR is responsible for providing all infor matio n as require d to become a vendor of the
City.
2. CMAR shall submit to Cit y for revie w an Applicatio n for Payment fille d out and signe d by
CMAR covering the Work complete d as of the date of the Applicatio n for Payment and
accompanie d by suc h supporting documentation a s is require d by the Contrac t Documents.
The CMAR’s Fee for overhead and profit shall be payable on a monthly basis, prorated as a
percentage of the Contract Time expended.
3. If payment is requeste d on the basis of materials and equipment not incorporate d in the Work
but delivere d and suitably store d a t the Sit e or a t anothe r locatio n agreed to in writing , the
Applicatio n for Payment shall als o be accompanie d by a bill of sale , invoice , or other
documentation warranting tha t CMAR, on behalf of Cit y, ha s received the materials and
equipment free and clear of all Lien s and evidenc e tha t the materials and equipment are
covere d by appropriate insuranc e or othe r arrange ments to protec t Cit y’s interest therein, all
of whic h mus t be satisfactory to City.
4. Beginnin g wit h the second Applicatio n for P a yment, it and each subsequent Applicatio n for
Payment shall includ e an affidavit from CMAR stating tha t previous progres s payments
received on account of the Wor k have bee n applie d on account to dis charge CMAR’s
leg itimate obligations associate d wit h prio r Application s for Payment.
5. The a mount of retainage wit h respect to progress payments will be as stipulate d in the
Agreement.
B. Revie w o f Applications for Payment:
1. Cit y will, within 30 days afte r receipt of each Applicatio n for Payment, eithe r indicat e in
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writin g a recommendation of payment or retur n the Application for Payment to CMAR
indicatin g reasons for refusing payment . In the latter case, CMAR may make the necessary
corrections and resubmit the Application for Payment.
2. City’s processing of any payment requeste d in an Applicatio n for Payment will be base d on
City’s observations of the executed Work, and on City’s revie w of the Applicatio n for
Payment and the accompanying data and schedules , tha t to the bes t of City’s knowledge:
a. the Wor k ha s progresse d to the point indicated;
b. the qualit y of the Work is generally in accordanc e wit h the Contrac t Documents (subject
to an evaluation of the Wor k a s a functioning whole prio r to or upon Fina l Acceptance,
the result s of any subsequent tests calle d for in the Contrac t Documents , a final
determinatio n of quantitie s and classifications for Work performed unde r Paragraph 9.05,
and any othe r qualification s stated in the recommendation).
3. Proce ssing any suc h payment will not thereby be dee med to have represented that:
a. inspections made to check the qualit y or the quantity of the Wor k as it ha s been
perfor med have bee n exhaustive , extende d to every aspect of the Wor k in progress , or
involve d detaile d inspections of the Work beyond the responsibilitie s specifically
assigne d to Cit y in the Contrac t Documents ; or
b. there may not be othe r matters or issues bet ween the partie s tha t migh t entitle CMAR to
be paid additionally by Cit y or entitle Cit y to withhold payment to CMAR, or
c. CMAR ha s complie d wit h Laws and Regulations applicable to CMAR’s perfor manc e of
the Work.
4. Cit y may refuse to proces s the whole or any par t of any payment due to evidenc e or the
result s of inspections or tests , to suc h extent as ma y be necessary to protec t Cit y from los s
because:
a. the Work is de fective, or the complete d Wor k ha s bee n da mage d by the CMAR or his
subcontractors , requirin g correction or replacement;
b. discrepancies in quantitie s containe d in the current or previous Application s for Payment;
c. the Contrac t Pric e ha s bee n reduce d by Change Orders;
d. Cit y ha s bee n require d to correct Defective Work or complet e Work in accordance with
Paragraph 13.09; or
e. Cit y ha s actual knowledge of the occurrenc e of any of the events enumerated in
Paragraph 15.02.A. C.
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C. Payment:
1. CMAR will be paid pursuant to the require ment s of this Article 14 and payment of any
undisputed portion of an Application for Payment will become due within 30 days of the
receipt of the Application for Payment.
2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever
phase), or in the event any Application for Payment remains unpaid for ninety days on the
basis of non-performance on the part of the City, to terminate this Agreement. Interest at the
rate of two percent per annum shall be payable on any amounts which are not in dispute but
are unpaid by City after sixty days after receipt of an Application for Payment. When such
progress payments are restored, unless terminated as provide d for herein, CMAR shall
resume providing all agreed-upon Services.
D. Reductio n in Payment:
1. Cit y may refuse to make payment of the amount requeste d because:
a. Lien s have bee n file d in connection wit h the Work, except wher e CMAR has delivere d a
specific bond satisfactory to Cit y to secure the satisfaction and discharge of suc h Liens;
b. there are othe r ite ms entitlin g Cit y to a set-off agains t the amount recommended; or
c. Cit y ha s actual knowledge of the occurrenc e 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 Cit y refuses to make payment of the amount requested, Cit y will giv e CMAR written
notic e stating the reasons for suc h actio n a nd shall pa y CMAR any amount re mainin g after
deduction of the amount so withheld . Cit y shall pa y CMAR the amount so withheld , or any
adjustment thereto agreed to by Cit y and CMAR, whe n CMAR remedie s the reasons for
suc h action.
14.03 CMAR’s Warranty of Title
CMAR warrants and guarantee s tha t title to all Work, materials, and equipment covere d by any
Applicatio n for Payment , whethe r incorporate d in the Projec t or not, will pas s to Cit y no late r than
the time of payment fre e and clear of all Liens.
14.04 Partia l Utilization
A. Prio r to Fina l Acceptance of all the Work, Cit y may us e or occupy any substantially completed
part of the Work whic h ha s specifically bee n identifie d in the Contrac t Documents , or which
City , determine s constitute s a sepa rately functioning and usable par t of the Wor k tha t can be
use d by Cit y for it s intende d purpos e without significan t interference wit h CMAR’s performanc e
of the remainde r of the Work. Cit y at any time may notify CMAR in writin g to permit Cit y to
us e or occ upy any suc h part of the Work whic h Cit y and CMAR determine to be ready for its
intende d use , subjec t to the followin g conditions:
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1. CMAR a t any time may notify Cit y in writin g tha t CMAR consider s any suc h part of the
Work ready for it s intende d use.
2. Within a reasonable time afte r notificatio n, Cit y and CMAR shall make an inspectio n of
tha t pa rt of the Work to determin e it s status of completion . If Cit y doe s not conside r tha t par t
of the Wor k to be substantially complete , City will notify CMAR in writin g givin g the
reasons there for.
3. Partia l Utilizatio n will not constitute Fina l Acceptance by City.
14.05 Fina l Inspection
A. Upon writte n notic e from CMAR tha t the entir e Wor k is complet e in accordance wit h the
Contrac t Documents City will:
1. within 10 days schedule a Fina l Inspection wit h CMAR; and
2. no later than 10 days thereafter, notify Contractor in writin g of all particulars whic h the
Final Inspection reveals that the Work is inco mplet e or de fective. CMAR shall immediately
take suc h measures as are necessary to complet e suc h Work or remedy suc h deficiencies.
B. No time charge will be made agains t the CMAR between the date the written notice to the City
is issued and the date of Fina l Inspection. Should the Cit y determin e tha t the Work is not ready
for Final Inspection, Cit y will notif y the CMAR in writin g of the reasons and Contrac t Time will
resume.
14.06 Fina l Acceptance
Upon completio n by CMAR, to City’s satisfaction, of any additiona l Wor k identifie d in the Final
Inspec tion , Cit y will issue to CMAR a lette r of Fina l Acceptance.
14.07 Fina l Payment
A. Applicatio n for Final Payment:
1. Upon receipt of a letter of Fina l Acceptance, CMAR may make an applicatio n for final
payment followin g the procedure for progres s payments in accordance wit h the Contrac t
Documents.
2. The fina l Applicatio n for Payment shall be accompanie d by:
a. all documentation calle d for in the Contrac t Documents (except as previously delivered),
includin g but not limite d to the evidenc e of insuranc e require d by Paragraph 5.03;
b. consent of the surety, if any, to fina l payment;
c. a lis t of all pending or released Damage Claims agains t Cit y tha t Contractor believe s are
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unsettled; and
d. a ffidavit s of payments and complet e and legally effective releases or waivers
(satisfactory to City ) of all Lie n rights aris ing out of any Lien s file d in connection wit h
the Work.
B. Payment Becomes Due:
1. After City’s acceptance of the Applicatio n for Final Payment and accompanying
documentation, and:
a. after subtracting previous payments made; and
b. after subtracting any sum(s) to which the Cit y is entitled, includin g but not limite d
to liquidate d da mages; and
c. after all Damage Claims have bee n resolved:
i) directly by the CMAR; or
ii) CMAR provide s evidenc e tha t the Damage Claim ha s bee n reporte d to
Contractor’s insuranc e provide r for resolution; then
d. Final Payment will become due and payable.
2. The makin g of the fina l payment by the Cit y shall not reliev e the CMAR of any guarantee s or othe r require ment s of the Contract Documents whic h specifically continue thereafter.
14.08 Fina l Completio n Delaye d and Partia l Retainag e Release
A. If fina l completio n of the Wor k is significantly delayed, and if Cit y so confirms, Cit y may, upon
receipt of CMAR’s Applicatio n for Fina l Payment, and without terminatin g the Agreement,
make payment of the balanc e due for tha t portion of the Work fully complete d and accepted. If
the re mainin g balanc e to be held by Cit y for Work not fully complete d or corrected is les s than
the retainage stipulate d in Paragraph 14.02.A.5., and if bonds have bee n furnishe d as require d in
Paragraph 5.02, the writte n consent of the surety to the payment of the balanc e due for that
portion of the Work fully complete d and accepte d shall be submitte d by CMAR to Cit y with the
Applicatio n for suc h payment. Suc h payment shall be made unde r the terms and conditions
governing fina l payment, except tha t it shall not constitute a waive r of Contrac t Claims.
B. Partia l Retainag e Relea se . The Cit y may release a portion of the amount retained pursuant to
Paragraph 14.02.A.5. provide d tha t all required Work is complete d as determine d by the City .
Before the release, all submittals and fina l quantitie s mus t be complete d and accepted by the
City . An amount sufficien t to ensure Final Completion will be retained.
14.09 Waive r o f Claims
The acceptance of fina l payment by CMAR will constitute a release of the Cit y from all claims
or liabilities unde r the Agreement for anything done or furnis hed or relatin g to the Wor k unde r
the Contract Documents or any act or neglec t of Cit y related to or connecte d wit h the Agreement.
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ARTICLE 1 5 – SUSPENSIO N OF WOR K AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, Cit y may suspend the Wor k or any portion thereof by written
notic e to CMAR and whic h may fix the dat e on whic h Wor k will be resumed. CMAR shall
resume the Wor k on the dat e so fixed . Durin g temporary suspension of the Work covered by
thes e Contrac t Documents , for any reason, the Cit y will make no extr a payment for stand-by
time of construction equipment and/or construction crews.
B. Should the CMAR not be able to complet e a portion of the Projec t due to causes beyond the
control of and without the fault or neglige nc e of the CMAR, and should it be determine d by
mutua l consent of the CMAR and Cit y tha t a solutio n to allo w construction to procee d is not
available within a reasonable perio d of time, CMAR may reques t an extension in Contract Time ,
directly attributable to any suc h suspension.
C. If it should become necessary to suspend the Work for a n indefinit e period, the CMAR shall
store all materials in suc h a manne r tha t the y will not obstruc t or impede the public unnecessarily
nor become da mage d in any way, and CMAR shall take every precaution to prevent da mage or
deterioration of the wor k perfor med; CMAR shall provide suitable drainage about the work, and
erect temporar y structure s where necessary.
D. CMAR ma y be reimburse d for the cos t of moving its equipment off the jo b and returning the
necessary equipment to the jo b whe n it is determine d by the Cit y tha t construction ma y be
resumed. Suc h reimburse ment shall be base d on actual cos t to the CMAR of moving the
equipment and no profit will be allowed . Reimburse ment ma y not be allowe d if the equipment is
move d to anothe r construction projec t for the City.
15.02 City May Terminate for Cause
A. The occurrenc e of any one or mor e of the followin g events, by way of exa mple but not of
limitation , may justif y terminat io n for cause:
1. CMAR’s persistent failur e to perfor m the Wor k in accordance wit h the Contract Documents
(including, but not limite d to, failure to supply sufficien t skille d worker s or suitable materials
or equipment , failur e to adher e to the Projec t Schedule , as adjuste d from time to time;
2. CMAR’s failur e to adhere to the City’s Business Diversity Enterprise Ordinance ;
3. CMAR’s failure to perform and meet timelines as set forth in Paragraph 6.05.
4. CMAR’s disregard of Laws or Regulations of any public body having jurisdiction;
5. CMAR’s repeated disregard of the authority of City ;
6. CMAR’s violatio n in any substantia l way of any provisions of the Contrac t Documents;
7. CMAR’s failur e to promptly make good any defect in materials or workmanship, or
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defects of any nature , the correction of whic h ha s bee n directed in writin g by the City ;
8. Substantia l indicatio n tha t the CMAR ha s made an unauthorize d assignment of the
Agreement or any funds due therefrom for the benefit of any creditor or for any othe r
purpose;
9. Substa ntia l evidenc e tha t the CMAR ha s become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily ; or
10. CMAR commences lega l action in a cour t of competent jurisdictio n agains t the City.
B. If one or more of the events ide ntifie d in Paragraph 15.02A . occur , Cit y will provide written
notic e to CMAR and Surety to arrange a conferenc e wit h CMAR and Surety to address CMAR’s
failur e to perfor m the Work. The Conferenc e shall be held not late r tha n 15 days , after receipt of
notice .
1. If the City , CMAR, and Suret y do not agre e to allo w the CMAR to procee d to per form
under the Agreement, the Cit y may, to the extent per mitted by Laws and Regulations ,
declare CMAR in default and formally terminat e the CMAR’s righ t to complet e the
Agreement. CMAR’s default shall not be declared earlie r tha n 20 days afte r the CMAR and
Surety have received notic e of conferenc e to addres s CMAR’s failur e to perform the Work.
2. If CMAR’s services are terminated, Surety shall be obligate d to take ove r and perfor m the
Work. If Suret y doe s not commenc e perfor manc e thereof within 15 calendar days afte r the
date of written notic e de manding Surety's per for manc e of its obligations , the n City , without
proces s or actio n at law , may take ove r any portion of the Wor k.
3. If Cit y complete s the Work, Cit y may exclude CMAR and Surety from the sit e and take
possession of the Work, and all materials and equipment incorporate d int o the Work store d at
the Sit e or for whic h Cit y ha s paid CMAR or Surety but whic h are stored elsewhere, and
finis h the Wor k as Cit y may dee m expedient.
4. Whethe r Cit y or Surety complete s the Work, CMAR shall not be entitle d to receive any
furthe r payment for Work satisfactorily completed prior to termination until the Work is
completely fin ished . If the unpaid balanc e of the Contrac t Price exceeds all claims, costs ,
losses and da mage s sustaine d by Cit y arisin g out of or resulting from City or Surety
completin g the Work, suc h excess will be paid to CMAR, with Surety approval, up to the
amount withheld prior to termination . Any excess shall be retained by City unless any
completion or take over agreement between City and Surety require said money to be paid
to Surety. If City completes the Work due to Surety’s failure to so perform, and any cla ims,
costs, losses and da mage s exceed the unpaid balance, CMAR or Surety shall pa y the
difference to City. Suc h claims, costs , losses and da mage s incurred by Cit y will be
incorporate d in a Change Order , provide d tha t whe n exercising any right s or remedie s unde r
this Paragraph, Cit y shall no t be require d to obtain the lowes t pric e for the Wor k perfor med.
5. Neithe r City , nor any of it s respective consulta nts , agents , officers, director s or employees
shall be in any way liable or accountable to CMAR or Surety for the method by whic h the
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completio n of the said Work, or any portion thereof, ma y be accomplishe d or for the price
paid therefor.
6. City , notwithstanding the method use d in completin g the Agreement, shall not forfeit the
right to recove r da mage s from CMAR or Surety for CMAR’s failur e to timely complet e the
Work. CMAR shall not be entitled to any claim on account of the method used by Cit y in
completin g the Work.
7. Maintenanc e of the Wor k shall continue to be CMAR and Surety's responsibilitie s as
provide d for in the bond require ments of the Contrac t Documents or any special guarantees
provide d for unde r the Contrac t Documents or any othe r obligations otherwis e prescribe d by
law.
8. Termination of CMAR for Cause shall nullify any financial inc entives which may be
contained in the Agreement.
C. Notwithstanding Paragraphs 15.02.B, CMAR’s service s will not be terminate d if CMAR
begins, within seve n days of receipt of notic e of inten t to terminat e, to correct it s failur e to
perfor m and proceeds diligently to cure suc h failur e within not more tha n 30 days of receipt of
said notice.
D. Wher e CMAR’s services have bee n so terminate d by City , the terminatio n will not affect any
rights or remedie s of Cit y agains t CMAR then existin g or whic h ma y there afte r accrue. Any
retention or payment of moneys due CMAR by Cit y will not release CMAR from liability.
E. To the extent tha t CMAR ha s provide d a perfor manc e bond unde r the provisions of
Paragraph 5.02, the terminatio n procedure s of tha t bond, if any, shall not supersede the
provisions of this Article.
15.03 City May Terminate Fo r Convenience
A. Cit y may, without cause and without prejudic e to any othe r righ t or remedy of City , terminat e the
Agreement. Any terminatio n shall be effected by mailin g a notic e of the terminatio n to the
CMAR specifyin g the extent to whic h perfor manc e of Work unde r the contrac t is terminated,
and the date upon whic h suc h terminatio n become s effective. Receipt of the notic e shall be
dee me d conclusively presumed and establishe d whe n the lette r is placed in the Unite d States
Posta l Servic e Mail by the City . Further , it shall be dee med conclusively presumed and
establishe d tha t suc h terminatio n is made wit h jus t cause a s therein stated; and no proof in any
claim, de mand or suit shall be require d of the Cit y regarding suc h discretionar y action.
B. After receipt of a notic e of Termination for Convenience , and except as otherwis e directed
by the City , the CMAR shall:
1. Stop work unde r the Agreement on the date and to the extent specifie d in the notic e of
termination;
2. plac e no furthe r order s or subcontracts for materials , services or facilitie s except as ma y be
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necessary for completio n of suc h portion of the Work unde r the Agreement a s is not
terminated;
3. terminat e all orders and subcontracts to the extent tha t the y relate to the per for manc e of the
Wor k terminate d by notic e of termination;
4. transfer title to the Cit y and delive r in the manner , at the times, and to the extent, if any,
directed by the City:
a. the fabricated or un-fabricated parts , Work in progress , complete d Work, supplie s
and othe r material produce d as a par t of , or a cquire d in connection wit h the performanc e
of, the Wor k terminate d by the notic e of the termination ; and
b. the completed, or partially complete d plans , drawings , infor matio n and othe r property
which , if the Agreement ha d bee n completed, would have bee n require d to be furnishe d
to the City ;
5. complet e performanc e of suc h Wor k as shall not have bee n terminate d by the notic e of
termination ; and
6. take suc h action as may be necessary, or as the Cit y may direct, for the protection and
preservation of the property related to it s contrac t whic h is in the possession of the CMAR
and in whic h the owne r ha s or may acquire an interest.
C. At a time not late r tha n 30 days after the terminatio n dat e specifie d in the notic e of termination,
the CMAR ma y submit to the Cit y a list , certifie d a s to quantity and quality , of any or all ite ms
of terminatio n inventor y not previously dispose d of , exc lusiv e of ite ms the dispositio n of whic h
ha s bee n directed or authorize d by City.
D. Not late r tha n 15 days thereafter, the Cit y shall accept title to suc h ite ms provided, tha t the list
submitted shall be subjec t to verificatio n by the Cit y upon remova l of the ite ms or, if the ite ms
are stored, within 45 days from the date of submissio n of the list , and any necessary adjustments
to correct the lis t as submitted, shall be made prio r to fina l settle ment.
E. Not late r tha n 60 days afte r the notic e of termination, the CMAR shall submit a termination
claim to the Cit y in the for m and wit h the certificatio n acceptable to the City . Unles s a written
extension request is made within suc h 60 da y perio d by the CMAR, and grante d by the City, any
and all suc h claims shall be conclusively dee me d waived.
F. In suc h case, CMAR shall be paid, without duplicatio n of any ite ms, for:
1. complete d and acceptable Wor k executed in accordanc e wit h the Contrac t Documents prior
to the effective date of termination;
2. direc t expense s sustaine d prio r to the effective date of terminatio n in perfor min g services
and furnishing labor , materials, or equipment as require d by the Contrac t Documents in
connection with uncomplete d Work;
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3. reasonable expense s directly attributable to termination ; and
4. overhead and profit in the form of a prorated amount of the CMAR’s Fee, with such
proportion being “the cost of the work completed to date” divided by “GMP minus the
CMAR’s Fee”.
G. In the event of the failur e of the CMAR and Cit y to agre e upon the whole amount to be paid to
the CMAR by reason of the terminatio n of the Work under Paragraph 15.03, the Cit y shall
determine , on the basis of informatio n available to it , the amount, if any, due to the CMAR by
reason of the terminatio n and shall pa y to the CMAR the amounts determined . CMAR shall not
be paid on account of los s of anticipated profits or revenue or othe r economic los s arisin g out of
or resultin g from suc h termination.
ARTICLE 16 – DISPUTE RESOLUTION
Methods and Procedu res
A. Either Cit y or CMAR may reques t mediation of any Contrac t Claim submitted for a decision
unde r Paragraph 10.06 befor e suc h decisio n becomes fina l and binding. The reques t for
mediatio n shall be submitte d to the othe r party to the Agreement. Timely submissio n of the
request shall sta y the effect of Paragraph 10.06.E.
B. Cit y and CMAR shall participat e in the mediatio n proces s in good faith . The proces s shall be
commenced within 60 days of filin g of the request.
C. If the Contrac t Claim is not resolve d by mediation , City’s action unde r Paragraph 10.06.C or a
denia l pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fina l and binding 30 days after
terminatio n of the mediatio n unless , within tha t time period, Cit y or CMAR:
1. elects in writ in g to invoke any othe r dispute resolutio n proces s provide d for in the
Supple mentary Conditions ; or
2. agrees wit h the othe r party to submit the Contrac t Claim to anothe r dispute resolution
process ; or
3. give s writte n notic e to the othe r party of the inten t to submit the Contrac t Claim to a cour t of
competent jurisdiction.
ARTICLE 1 7 – MISCELLANEOUS
17.01 Givin g Notice
A. Wheneve r any provision of the Contrac t Documents require s the givin g of writte n notice , it will
be dee me d to have bee n valid ly give n if:
1. delivere d in person to the individua l or to a membe r of the fir m or to an officer of the
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corporation for whom it is intended; or
2. delivered electronically with a “read receipt verification” requested; or
3. In the case of any notice of Claim or Termination, delivere d or sent by registered or
certified mail, postage prepaid, or overnight delivery to the las t business
addres s know n to the give r of the notice.
B. Busines s addres s change s mus t be promptly made in writin g to the othe r party.
C. Wheneve r the Contrac t Documents specifie s givin g notic e by electronic means suc h electronic
notic e shall be dee med sufficien t upon confir matio n of receipt by the receiving party.
17.02 Computation o f Times
Whe n any perio d of time is referred to in the Contrac t Documents by days , it will be compute d to
exclude the first and includ e the las t da y of suc h period. If the las t da y of any suc h perio d falls on a
Saturda y or Sunda y or on a da y made a lega l holida y the next Working Day shall become the last
da y of the period.
17.03 Cumulativ e Remedies
The dutie s and obligations impose d by thes e General Conditions and the rights and remedies
available hereunde r to the partie s hereto are in additio n to, and are not to be construe d in any way as
a limitatio n of, any rights and remedie s available to any or all of the m whic h are otherwis e imposed
or available by Laws or Regulations , by special warranty or guarantee , or by othe r provisions of the
Contrac t Documents . The provisions of this Paragraph will be as effective as if repeated specifically
in the Contrac t Documents in connection wit h each particula r duty, obligation, right, and remedy to
whic h the y apply.
17.04 Survival o f Obligations
All representations , inde mnifications , warranties, and guarantee s made in , require d by, or give n in
accordance wit h the Contrac t Documents , as well as all continuing obligations indicate d in the
Contrac t Documents , will survive fina l payment, completion , and acceptance of the Wor k or
terminatio n or completio n of the contrac t or terminatio n of the services of CMAR.
17.05 Headings
Article and paragraph headings are inserte d for convenienc e only and do not constitute parts of these
General Conditions.