HomeMy WebLinkAboutContract 45746 (2)�� SEC��,
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AGREEMENT FOR CONSTRUCTION MANAGER AT RISK
PRE-CONSTRUCTION SERVICES AND CONSTRUCTION SERVICES
THIS AGREEMENT FOR CONSTRUCTION MANAGER AT RISK SERVICES which
INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES, is made and entered into by and between the City of
Fort Worth, a Texas municipality, ("City") and McCarthy Building Companies, Inc., a legal entity
existing under the laws of the State of Texas, ("CMAR"). City and CMAR may be referred to
herein as a"Party" or the "Parties".
WITNESSETH:
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WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which
consist of Pre-Construction Phase Services and Construction Phase Services, and CMAR
possesses broad experience, knowledge and technical resources to provide such services
related to the design, permitting, construction and construction management for the Village
Creek Peak Flow Management Facilities construction project (the "Project"); and
WHEREAS, the City desires to contract with CMAR for the Pre-Construction and Construction
services and CMAR is willing and able to undertake and provide the services and to be
responsibla for the overall completion of the Project, as described on Attacl�ment A, upon the
terms, covenants, recitals, and conditions hereinafter set forth; and
WHEREAS, City has engaged the services of CDM Smith, Inc. ("Design Engineer"), to prepare
the design of the Project; and
WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated 6th day
of June, 2013, attached hereto as Attachment B; and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary subcontractors(s) to which CMAR awards contracts, the City's
Standard General Conditions for a CMAR Construction Contract, Attachment C; and
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized terms as found in the Standard General Conditions for a CMAR
Construction Contract.
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and of the covenants and promises to be carried out by the
Parties, it is agreed by and between the Parties that the City hereby contracts with CMAR and
CMAR hereby accepts such contract to perform the services hereinafter defined upon the terms
and conditions set forth herein, including any Attachments and Exhibits, which are hereby
incorporated.
ARTICLE 1 — SERVICES
1. CMAR agrees to furnish all Pre-construction Phase Services, as described in Attachments
A and B.
CMAR — Water — Peak Flow Management Facility
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2. 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 ("GMP") negotiations. CMAR may initiate
early works packages, such as for utility relocations, prior to final development of the GMP.
Costs of early works packages shall be included in the GMP.
3. CMAR agrees to furnish all Construction Phase Services for the amount of the GMP, as
hereinafter described, abiding by this Agreement and its Amendments and Attachments, to
also include the Construction Documents created to effect the Work on the Project.
4. The Construction Phase Services shall commence within 7 calendar days after receipt of an
authorization in the form of a Notice to Proceed from the City to CMAR.
ARTICLE 2 — COMPENSATION
1. The City shall compensate CMAR for providing the Pre-Construction Phase services for the
Pre-Construction Services Fee of Ninetv-Five Thousand Dollars $95,000.00 as further
described on Attachment B.
2. The City shall compensate CMAR for providing the Construction Phase services for the
Construction Services Fee of 3.5% (percent) of the Cost of Work as further described on
Attachment B.
3. Notwithstanding Article 1, Paragraph 3, above, or Paragraph 2 of this Article, City may, by
giving written notice at any time before the end of the Pre-Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City's reasonable estimation, 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.
4. CMAR Contingency - CMAR's GMP shall include a Contingency of 5% of the GMP for
CMAR's exclusive use, with City's written approval, which approval shall not be reasonably
withheld, to cover those costs considered reimbursable as a Cost of Work but not included
in a Change Order, such as those costs related to unanticipated Costs resulting from local
market, labor and material conditions, bidder and subcontractor defaults, errors or
negligence of the CMAR, interFacing omissions between the various work categories, and
General Conditions costs in excess of estimate. Any unspent contingency funds shall be
shared on a 50/50 basis between CMAR and City.
5. Savings — In the event the final Cost of Work, inclusive of the CMAR Fee, is less than the
GMP, as may be adjusted by Change Orders, 50% of the resulting savings will be paid to
the CMAR as an additional incentive.
6. Schedule Incentives to promote performance results by contractors may be established by
CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an allowance amount, which will be a part of the GMP, to be used for Schedule
Incentives. Any of these funds unspent shall be returned to City.
7. Hourly Preconstruction rates for additional Pre-Construction Phase services required or
requested in writing by City: Executive $161/hr, Project Director $143/hr, QC Director
$133/hr, Lead Estimator $118/hr, Civil Estimator $113/hr, Construction Manager $104/hr,
Pr'oject Superintendent $118/hr, Scheduler $94/hr.
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ARTICLE 3 — PAYMENT
Payment by City to CMAR is to be made as follows:
1. CMAR shall submit a monthly invoice for Pre-Construction Phase Services describing the
work performed during the preceding month. The City shall make payment of any
undisputed amounts to CMAR within thirty days after receipt of said invoice.
2. CMAR shall submit a monthly invoice for Construction Phase Services describing the Work
performed during the preceding month. The City shall make payment of any undisputed
amounts to CMAR within thirty days after receipt of said invoice, less 5% retainage, except
that no retainage shall be held on CMAR's Construction Services Fee or General Conditions
Costs. Payment shall be based on invoices for Work performed by CMAR or its
subcontractors, which City has a right to review upon request (if not included with CMAR's
invoice). CMAR's Construction Services Fee and General Conditions costs shall be included
and each shown as a line item in said invoice to City.
3. Unless City has disputed the accuracy of any portion of an invoice, City shall make its
payments on the invoice on the undisputed portions of an invoice within thirty days from the
receipt of the invoice. Upon failure by City to so pay, CMAR may suspend performance of
Work (whichever phase), or to immediately terminate this Agreement in the event any
invoice remains unpaid for ninety days on the basis of non-performance on the part of the
City. Interest at the rate of two percent per annum shall be payable on any amounts which
are due but unpaid after sixty days after receipt of such invoice. When such progress
payments are restored, CMAR shall resume providing all agreed upon Services.
ARTICLE 4— GUARANTEED MAXIMUM PRICE
The Guaranteed Maximum Price proposal for Construction of the Project shall be presented to
the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise
mutually agreed. When established and accepted by City, the GMP shall be memorialized and
incorporated as an amendment to this Agreement.
ARTICLE 5— CHANGES IN THE WORK
The City, during either phase of services and without invalidating this Agreement, may order
changes in the design of the Project and/or the Work consisting of additions, deletions or other
revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly.
All such changes in the Work shall be authorized by "Change Order", a written order to the
CMAR signed by the CMAR, City and the Design Engineer, issued after the execution of this
Agreement, authorizing a change in the Work or adjustment in the GMP or the Contract Time.
The GMP and the Contract Time may be changed only by Change Order.
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ARTICLE 6- PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A as modified by CMAR in
Attachment B and the Project Schedule, as developed by CMAR and presented
simultaneously with the GMP. CMAR will perform the required services in a timely manner and
comply with the Project Schedule and any minor adjustments as reasonably requested by City.
Major changes to the Project Schedule may be negotiated and memorialized by a Change
Order.
CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial
loss if the Work is not completed within the Project Time, plus any mutually agreed extension
thereof. The CMAR also recognizes the delays, expense and difficulties involved in proving in a
legal proceeding the actual loss suffered by the City if the Work is not completed on time.
Accordingly, instead of requiring any such proof, CMAR agrees that as liquidated damages for
delay (but not as a penalty), CMAR shall pay City $1,250.00 for each day that expires after the
expiration of the Project Time until such time as Substantial Completion of the Project is issued
by the City in writing.
ARTICLE 7 — MBE
The CMAR is not required to meet an MBE participation goal for the Pre-Construction Phase
Services for this Project. CMAR must meet the MBE goal of 20°/a during construction phase
services to meet a minimum qualification for self-performing any or all of the construction phase
services.
The CMAR commits to 20°/a MBE participation for the Construction Phase Services for this
Project.
ARTICLE 8- GENERAL TERMS AND CONDITIONS
CONSTRUCTION DOCUMENTS. In addition to the definitions in the attachments or
exhibits to this Agreement, which are incorporated for use herein, the term "Construction
Documents" shall mean those written or electronic documents indicating the basic scope
of work as set forth by the Design Engineer, Design Engineer's formal construction
documents and related specifications, including bid materials, the Request for
Proposals, CMAR's proposal, and the other necessary documents as may be indicated
by the Owner whether specifically attached hereto or provided separately.
2. PROFESSIONA� STANDARDS. The CMAR shall be responsible, to the level of care
and skill ordinarily used by practicing professionals in the same type of work in the City's
community, for the professional and technical soundness, accuracy, and adequacy of all
consultation, cost estimating, pre-construction and other services and materials
furnished under this Agreement.
3. CONSTRUCTION PHASE GENERAL CONDITIONS. Attachment C contains the City's
Construction General Conditions applicable to this Project. CMAR is expected to have
reviewed and hereby agrees to comply with said Construction General Conditions,
including providing a copy to any contractors or subcontractors, as applicable.
4. PROJECT PROGRESS. CMAR's services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
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,
5. PROJECT DELAYS. Should completion of the services be delayed for cause(s) beyond
CMAR's reasonable control, including force majeure, or delays occasioned by factors
which could not reasonably have been foreseen at the time this Agreement was
prepared and executed, CMAR and City shall work together to adjust the project time
schedule(s). Should adjustment be necessary, the time for performance may be
extended for a period mutually agreed upon in writing by the parties or if the parties
cannot agree then a reasonable time as determined by City.
6. PERFORMANCE OF WORK. CMAR shall publicly advertise for bids or proposals and
receive bids or proposals from trade contractors or subcontractors for the pertormance
of all major elements of the work other than the minor work that may be included in the
general conditions. CMAR may seek to pertorm portions of the work itself by submitting
its bid or proposal for those portions of the work in the same manner as all other trade
contractors or subcontractors and City determines that the CMAR's bid or proposal
provides the best value for the City. .
7. REVIEW OF BIDS OR PROPOSALS. 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,
Design Engineer, or City. All bids or proposals shall be made available to the City on
request and to the public after the later of the award of the contract or the seventh day
after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and
recommends to the City a bid or proposal from a trade contractor or subcontractor but
the City requires another bid or proposal to be accepted, City shall compensate the
CMAR by a change in price, time, or GMP for any additional cost and risk that the CMAR
incurs because of the City's requirement that another bid or proposal be accepted.
8. DEFAULT; PERFORMANCE OF WORK. If a selected trade contractor or subcontractor
defaults in the performance of its work or fails to execute a subcontract after being so
selected, the CMAR may fulfill, without advertising, the contract requirements or select a
replacement trade contractor or subcontractor to fulfill the contract requirements.
9. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written
consent of the City. CMAR may enter into subcontracts with respect to the services
required by this Agreement but shall remain fully responsible to the City in connection
therewith. Nothing herein shall be construed as creating any personal liability on the part
of any officer or agent of City.
10. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure
at its own expense, personnel required to perform the services under this Agreement.
Such personnel are not employees of, nor have any contractual relationship with the
City. CMAR acknowledges responsibility for all federal, state, and local requirements for
employers that apply to CMAR.
11. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement is solely and exclusively for the benefit of the City and CMAR and not
for the benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed
CMAR — Water — Peak Flow Management Facility Page 5 of 13
exclusively to the other party to the Agreement and are not intended to create any rights,
contractuai or otherwise, to any other person or entity. The doctrine of respondeat
superior shall not apply.
12. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force
insurance with the following requirements:
• The City shall be shown as an Additional Insured on all coverages, except Worker's
Compensation and Professional Liability.
• These certificates shall require that coverage afforded under the policies will not be
canceled unless at least 30 days prior to cancellation written notice has been given
to the City. The policy in existence is to read as the certificates read.
• The insurance company used by Contractor must be licensed to do business by the
state of Texas, and have an A.M. Best rating of "A -, VII" or higher except in the
worker's compensation category.
• The Certificates of Insurance, and any subsequent renewals, shall reference the
Project.
• Required Coverages:
■ Statutory Worker's Compensation
■ Employer's Liability:
- Bodily Injury by Accident -$100,000 each accident
- Bodily Injury by Disease -$500,000 policy limit
- Bodily Injury by Disease -$100,000 each employee
- If setf-insured, proof of filing with the State of Texas and secured, set
aside funds shall be required.
■ General Liability
-$1,000,000 Limit of liability per occurrence for bodily injury and property
damage
■ Automobile Liability Insurance
-$1,000,000 limit of liability per occurrence for bodily injury and property
damage. Coverage to include all owned non-owned and hired vehicles.
■ Professional Liability Insurance with $1,000,000 limit.
Within ten days after execution of this contract and during the entire period of CMAR
responsibility under this contract, CMAR shall maintain professional liability
insurance as provided herein. CMAR shall file with the City the certificate from an
insurance company authorized to do business in the State of Texas showing
issuance of professional liability insurance (errors and omissions insurance).
13. DUTY TO PAY PREVAILING WAGE RATES. The CMAR shall comply with all
requirements of Texas Government Code Chapter 2258, ("Chapter 2258"), including the
payment of not less than the rates as determined by the City Council of the City of Fort
Worth on October 29, 2013, and unless subsequently revised prior to establishment of
the GMP shall be the minimum prevailing wage rates to be paid by CMAR and/or its
contractors in accordance with Chapter 2258: Such prevailing wage rates are included in
the Construction Documents.
14. OWNERSHIP OF WORK PRODUCT. CMAR shall maintain detailed records of its
Services relating to this Agreement and upon completion of the Project, such records,
including all accounts, bills, vouchers, associated documentation and estimates relative
thereto, become the property of the City. If the City should reuse the Project's
information, it shall assume full responsibility therefor.
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15. TERMINATION. The City may terminate this agreement at any time by providing a thirty-
day notice to the Contractor. If this Agreement is terminated, CMAR shall be
compensated for work actually performed and expenses incurred plus any profits earned
up to date of termination. Notice of termination shall be given by the City through
certified mail, return receipt requested, to the principal office of the CMAR. The effective
date of termination shall be 30 days after the date of receipt of the notice.
16. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of
CMAR's experience and qualifications and represent CMAR's best judgment as a
qualified professional familiar with the industry.
17. INDEMNIFICATION. CMAR COVENANTS AND AGREES TO, AND DOES HEREBY
ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN
EXPENSE, CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
�OSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE WORK TO BE PERFORMED UNDER THIS AGREEMENT,
WHETHER OR NOT CAUSED lN WHOLE OR 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 HOLD CITY HARMLESS
FROM AND AGAINST ANY AND A�L INJURIES, LOSS, OR DAMAGES TO
PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR
INDIRECTLY, THE WORK TO BE PERFORMED UNDER THIS AGREEMENT,
WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, lN
WHOLE OR lN PART, ANY AND ALL ALLEGED ACTS OR OM/SS/ONS 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.
18. SURETY BONDS. The CMAR shall, within ten days of the final execution by the Parties
of this Agreement, deliver to the City a letter from CMAR's surety acceptable to the City
to ensure that the CMAR is able to furnish the required perf'ormance and payment bonds
when a guaranteed maximum price is established and as a condition precedent to the
City issuing of a Notice to Proceed with the Construction Phase of this Agreement.
Payment and Pertormance Bonds, when issued for the Construction Phase Work shall
be on a form acceptable to the City and in compliance with Texas Government Code
Chapter 2253, for the Construction Work. The Payment and Performance Bonds shall
name the City as obligee, and shall each be in a penal sum equal to the GMP.
Maintenance Bonds, valid for two years from the substantial completion date of the
Work, in the amount of the GMP shall be provided by the CMAR on or before the final
acceptance of the Work by the City on a form acceptable to the City and in the name of
and in favor of the City.
All payment, performance and maintenance bonds issued shall be provided by a surety
in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that
are at the time if issuance in default or delinquent on any bonds or which are interested
in any litigation against the City. Should any surety on the contract be determined
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unsatisfactory at any time by the City, notice will be given to the CMAR to that effect and
the CMAR shall immediately provide a new surety and bonds satisfactory to the City.
19. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in
any fiscal year following the City's fiscal year in which this Agreement begins and the
City Council fails to appropriate funds to make the payments, then this Agreement
automatically terminates at the beginning of the first day of the successive fiscal year for
which funds were not appropriated, and the City shall not be obligated to make or have
any liability to the CMAR for the payments.
20. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with
the Project, except suits or claims by a third party against the City arising out of alleged
errors or omissions of Design Engineer or CMAR, the City shall provide additional
compensation to CMAR based on actual cost.
ARTICLE 9— THE CITY'S RESPONSIBI�ITIES
The City shall:
Upon request from CMAR, provide all criteria and full information as to its requirements
for the Project, including design objectives and constraint, space, capacity and
performance requirements, flexibility and expandability, and any budgetary limitations;
and furnish copies of all design and construction standards which the City will require to
be included in the Project's design.
2. Designate a person to act as its representative with respect to the services to be
rendered under this Agreement for Pre-Construction Services. Such person will have
complete authority to transmit instructions, receive information, interpret and define
City's policies and decisions with respect to CMAR's services.
3. Furnish to CMAR all non-confidential technical data in its possession which it may
lawfully release, including but not limited to, maps, surveys, drawings, soils or
geotechnical reports, and any other information required by CMAR, all of which may be
used and relied upon in performing services under this Agreement.
4. Arrange for access to and make all provisions for CMAR to enter upon public and private
property as required for CMAR to perform services under this Agreement.
5. May examine all studies, reports, sketches, estimates, and other documents presented
by CMAR.
ARTICLE 10 — AMENDMENTS
This Agreement may only be amended in writing, agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and
Contractor with respect to the subject matter of this Agreement and supersedes all prior
understandings, negotiations, representations or agreements, either written or oral contracts
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between City and Contractor respecting this Project. This Agreement will be binding upon and
inure to the benefit of City and Contractor and their respective successors and assigns.
ARTICLE 12 — GOVERNING LAW & JURISDICTION
Arbitration will not be allowed on this Project. The terms of the Agreement shall be construed
and interpreted under, and all respective rights and duties of the parties shall be governed by,
the laws of the State of Texas, without regard to its conflict of law provisions. CMAR hereby
submits to the jurisdiction of the Texas Courts and will obtain and maintain an agent for service
of process in the State of Texas. Neither party will bring any action against the other party
arising out of or relating to this Agreement in any forum or venue except in Tarrant County,
Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division.
CMAR irrevocably waives any present or future objections to such legal action and irrevocably
waives the right to bring any legal action in any other jurisdiction.
ARTICLE 13 — SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this agreement.
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 — HEADINGS.
The headings in this Agreement are inserted for reference only, and shall not define or limit the
provisions hereof.
ARTIC�E 14 - NOTICE.
All notices required herein shall be addressed to City as follows:
S. Frank Crumb, P.E.
Water Director
1000 Throckmorton Street
Fort Worth, Texas 76102
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All notices to CMAR shall be addressed as follows:
Jerry Mayer, P.E.
McCarthy Building Companies, Inc.
12001 N. Central Expressway, Suite 400
Dallas, TX 75243
jmayer@mccarthy.com
972-991-5500 ext. 52265
Executed and effective as of the last day executed by a duly authorized representative of each
Party hereto in three counterparts, each of which may be deemed an original.
CMAR
McCarthy Building Companies, Inc.
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CITY OF FORT WORTH:
By: ��tyt�t�o(,�o�.
Fernando Costa
Assistant City Manager
Date:
By City:
Approved as to Form and Legality
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Douglas W. Black
Assistant City Attorney
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Date: � - �� ` � �!
Ap r al Recommended:
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S. Frank Crumb, P.E.
Director, Water Department
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ATTACHMENT A
Pre-Construction Phase Services Scope of Work
CMAR — Water — Peak Flow Management Facility Page 11 of 13
ATTACHMENT A
Pre-Construction Phase Services Scope of Work
Pre-Construction Services will include the CMAR working with the City and its Design
Engineer to share ideas and experience in assisting the Design Engineer in developing
construction documents suitable for construction and suitable for preparing a
Guaranteed Maximum Price.
The Preconstruction Phase Services will include:
i. Provide a Project Manager, all Key Personnel and all other associated
personnel necessary to fully meet the CMAR obligations for the
Preconstruction Phase Services; In providing such Pre-Construction
Phase Services, Contractor does not assume any responsibility for design
errors, omissions or inconsistencies.
2. Consult with, advise and provide recommendations to the City and the
Design Engineer on all aspects of the planning, design, and proposed
construction and drawings and specifications;
3. Provide constructability review and consult on constructability issues in
the development of the 30%, 60% and 90% final design review plans and
specifications, including recommendations on design packaging to
advance construction, material availability and independent quantity
calculations to verify quantities provided by Design Engineer;
4. Provide list of additional details needed on 60% design review plans that
would be needed to complete the project in the allotted time or to
accelerate aspects of the work;
5. Project Manager, Estimator, Scheduler and Superintendent along with
any other necessary personnel shall attend review workshops at the 30%,
60% and 90% final design review milestones, assume each workshop is
one complete eight (8) hour day;
6. Provide on-going value engineering review, including written reports and
recommendations on the 30%, 60% and 90% final design review, as
applicable;
7. Identify, evaluate and propose cost-effective alternatives;
8. Develop independent detailed construction cost estimates for the Project
and Critical Path Method schedules at the 30%, 60% and 90% final
design review milestones;
9. Provide monthly project planning and scheduling report (using critical
path method) to minimize the construction impact and prepare cash flow
analyses for both the design and construction phases;
10. Identify long-lead equipment procurement needs and submit a report to
the City;
11. Identify, evaluate and recommend elements of the Project that may
require less than 100% design;
12. Make recommendations to the City regarding the division of the Work to
facilitate bids and proposals for the major elements of the Work;
13. Advise the City of ways to gain efficiency in Project delivery;
14. Provide a complete, detailed, written GMP proposal including line item
cost breakdowns with conditions, assumptions, and CMAR contingency;
CFW-CMAR Village Creek Attachment A Page 1 of 4
15. Provide a construction emergency response plan;
16. Prepare and submit a construction site safety plan;
17. Develop, implement and maintain a quality management plan that
assures conformance to every section of the specifications. Develop a
QA/QC program to ensure continuing attention to the production and
installation of error-free work;
18. Provide an environmental management plan detailing programs for a
storm water pollution prevention plan and handling other environmental
issues (dust, on site chemicals and fuel, etc.) required to comply with
permits and regulations applicable to the Project;
19. Incorporate the City's terms relating to quality, safety, community, and
environmental factors;
20. Schedule all Project construction related activities;
21. Identify Work which the Proposer intends to self perform. Identify and
recommend which work, if any, should be procured through value based
competitive selections, in lieu of low bid;
22. Identify and recommend Early Works Packages;
23. Participate in monthly progress meetings on site;
24. Participate in one Project kick off ineeting for Preconstruction Phase
Services;
25. Participate in up to 10 additional meetings or workshops with the Design
Engineer, Owner or others as needed.
26. The CMAR's Preconstruction Phase Services shall include, in addition to
preparation of the Plan described below, a general outreach program to
MBEs or potential MBEs to educate the MBE community about the
project and raise awareness of the opportunities to bid on Work.
The CMAR shall have attending at the workshop meetings above the CMAR's project
manager, procurement specialist, cost estimator, and scheduler, plus any other persons
whom it deems appropriate. Payment of the full amount of the Pre-Construction
Services Fee is contingent upon the appropriate persons attending and contributing to
the aforementioned workshop meetings. In providing such Pre-Construction Phase
Services, CMAR does not assume any responsibility for design errors, omissions or
inconsistencies.
Upon conclusion of evaluating input from CMAR on the 60% documents, Design
Engineer will incorporate such items as it deems appropriate, with the resulting modified
60% documents constituting the Final Pricing Package for use in calculating GMP.
Upon receipt of the Final Pricing Package, the CMAR shall:
1. Thoroughly review these documents;
2. Develop a Guaranteed Maximum Price;
3. Prepare a detailed schedule of construction of the project;
CFW-CMAR Village Creek Attachment A Page 2 of 4
4. Prepare a list of additional details needed to supplement the 60% compiete
construction documents and when such details would be needed to complete
the project within the allotted time.
5. Attend a minimum of two all-day meetings at the offices of the City in Fort
Worth, Texas, to present the basis of the amount of the Guaranteed
Maximum Construction Cost and negotiate in good faith based on open book
cost estimates;
6. Attend two all-day workshop meetings, in addition to those listed above,
excluding the effort for GMP pricing and negotiation, at the offices of the City
or Design Engineer in Fort Worth, Texas.
Construction Phase Services Scope of Work
Construction Phase Services will include the following:
1. Under the relevant state laws, including Local Government Code Chapter
252 and Government Code Subchapter F, Chapter 2269.251 et seq.
(each as may be amended), solicit and publicly conduct trade contractor
or subcontractor bidding and proposals for all major elements of the
construction work estimated at greater than $50,000.00, and for material
suppliers for the Project, unless incorporated above or otherwise
exempted;
2. Discuss Project with subcontractors and material suppliers to determine
work loads, bonding capacity, and worker/mechanic availability;
3. Review and monitor the final design and suggest equipment, materials
and systems for selection;
4. Prepare the Bids/Proposals packages for the elements of the Work which
must incorporate the requirements of the Contract;
5. Develop and submit recommendations for the award of the subcontracts
to construct the Project;
6. Participate in one Project kick off ineeting for Construction Phase
Services;
7. Performance of the construction portion of the Work in strict accordance
with all applicable Contract Documents;
8. Coordinate and manage the Work that includes all required
appurtenances, necessary site improvements, and all other work required
to make a complete and operable system within the Guaranteed
Maximum Price and within the allowable contract time;
9. Coordinate with various local and state agencies, as necessary;
10. Arrange for procurement of materials and equipment;
11. Manage all procurement and construction-related subcontracts while
meeting the City's requirements for procurement of subcontractor and
supplier bids or proposals, including compliance with the MBE
participation goal. This effort includes inspection of the Work performed
by subcontractors to ensure conformance with the Contract;
12. Monitor and maintain quality controls over shop drawings, equipment and
materials, implementation and Work;
CFW-CMAR Village Creek Attachment A Page 3 of 4
13. Provide Performance Bond, Payment Bond, and 2-year Maintenance
Bond(s) as detailed in this Agreement;
14. Provide insurance for as detailed in this Agreement;
15. 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;
16. Conduct a pre-construction meeting with all the contractors and sub-
contractors performing major elements of the work prior to the start of
their work activities;
17. Obtain any necessary construction permits;
18. Manage storm water runoff and dust;
19. Establish and implement procedures to track, expedite and process all
submittals, change orders, and requests for information;
20. Review and process shop drawings and other submittals for submission
to Owner for City approval;
21. Establish a Critical Path Method schedule for the Project, monitor and
update the construction schedule monthly, prepare three week look
ahead work schedules consistent with overall schedule;
22. Review and process all pay request applications from subcontractors;
23. Conduct monthly progress meetings with the on-site trade foremen or
superintendents;
24. Attend monthly meetings with the Design Engineer and City staff and
provide written monthly progress report and updated schedule;
25. Maintain current hard copies of Project as-built drawings, including all
subcontracted work, and submit in hard copy, PDF and electronic format
specified by the Design Engineer monthly;
26. Develop, implement and manage a commissioning, the start-up and
testing plan necessary for the City to accept the Project as completed and
ready to use;
27. Expedite and coordinate delivery and installation of Owner-procured
material and equipment, as applicable;
28. Maintain strict enforcement of Owner's or other applicable prevailing
wage requirements;
29. Update and revise the Operation and Maintenance Manual developed by
the Design Engineer as necessary;
30. Supervise and manage the warranties provided to the City for the
equipment and construction work;
31. Receive warranty/guaranty Work items from the construction contractors
and subcontractors and provide same to Owner upon Final Completion of
the Project, or at a date negotiated by the Parties;
32. Conduct a walk-through with the City and Design Engineer regarding the
two-year Maintenance warranty;
33. Implement close out procedures necessary for the City to accept the
Project as being finally complete; provide lien waivers from all
subcontractors and material suppliers;
34. Complete all Construction Phase Services and Work;
35. Prepare a final report on all construction costs.
CFW-CMAR Village Creek Attachment A Page 4 of 4
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RFQ/P Group 2013A
Village Creek Water Reclamation Facility
Peak Flow Management Facilities
Construction-Manager-at-Risk
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RESPONSE TO REQUEST FOR PROPOSAL
City of Fort Worth Project No. 02009
June 6, 2013
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Submitted to: Submitted by:
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Attachment B
TABLE OF CONTENTS
FORT WORTH City of Fort Worth Water Reclamation Facility Peak Flow
Management Facilities Preconstruction and Construction Phase
Services - Project No. 02009
.....................................................................................................................................................................................................
COVER LETTER
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APPENDIX:
Qualifications and Experience
Key Personnel CMAR
Project Approach
Cost and Schedule Control
EXHIBIT D - Preconstruction Services
Fee and CMAR Fee Percentage
QA/QC Plan
Compliance with the Business Diversity
Enterprise Ordinance - Minority Business
Enterprise Participation
Resumes
Exhibit B- Exceptions to Draft Contract
Page 1 - 5
Page 6 - 14
Page 15 - 17
Page 18
Page 19 - 23
Page - 24 - 26
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES
1. QUALIFICATIONS AND EXPERIENCE KEY PERSONNEL CMAR
McCarthy is proposing a highly qualified and immediately
available project team with experience working together.
Reasons this team will bring value to the Village Creek
Peak Flow project include:
• 11 team members that have successfully completed
projects under CM-at-Risk Delivery.
• 4 team members that have worked together on the
$191M SJRA CMAR Project.
• 2 team members have worked directly with CDM
and the City of Fort Worth on the highly successful
Westside Water Treatment Plant project.
This team, more so than any other, will be able to hit the
ground running and provide the City with high quality
CM-at-Risk services.
Our entire preconstruction team is currently available to
begin working with the City and the CDM design team to
provide preconstruction services for the project imme-
diately. McCarthy commits that all proposed on-site
project team members will be available to move on-site
when construction begins in October 2014.
CMAR Project Organization
The McCarthy Team has developed a collaborative staff-
ing chart that reflects a focus on efficiency as well as
accountability for the Village Creek project. Our top
down approach offers Fort Worth one Project Director,
Jerry Mayer, P.E.. Jerry will give the City a single point
of contact for all project level communication from
cradle to grave - preconstruction through completion
and warranty period. Jerry directs and oversees both the
Preconstruction and Construction teams, as well as the
project support team.
Reporting directly to Jerry are Troy Larson,
Preconstruction Manager, who will lead our
Preconstruction Team and John Frazier, Construction
Manager, who will manage all of the Construction opera-
tions on-site.
Reporting to John on-site are Superintendent, Chris
Arpaia and Quality Control Manager, Matt Robben, who
will manage construction of the Village Creek Peak Flow
Management Facilities project. Project support staff
such as Project Engineers, Safety, and Administration
individuals will carry out the necessary managerial
duties that allow us to project certainty of cost, sched-
ule, safety and quality to each element of this large
FoR�T Wlo�RTH
project.
Our team will be seamlessly integrated as the project
staff will be individually focused yet accountable to one
another to deliver the Village Creek project in a coor-
dinated effort. Construction Manager John Frazier will
act as the primary liaison to the City and the CDM-led
Design Team.
Our Team's philosophy is to facilitate individuals at the
correct position level to solve problems expeditiously
by empowering decision making. Our team is organized
such that each team member brings the proper level
of experience to his or her various project responsibil-
ity. This ensures that the knowledge base and decision
making abilities are present to facilitate an efficient
project work environment.
McCarthy has found that communication during a
project between our Team members and Owner or
Designers works best when members from each party
hold equivalent positions. Matching the correct level of
decision makers together creates an empowered Owner-
Engineer-Contractor CMAR Team. This model allows
quick reaction, quick consensus and quick decisions
which ultimately lead to a well-run project.
Key Team Members
�' : �,
� PROJECT DIRECTOR
��:,
The McCarthy Team is led by Project Director, Jerry
Mayer, P.E., who will be committed 33°/a to the proj-
ect. Jerry will provide leadership of the entire project
from cradle to grave. He will provide leadership to the
construction team, attend monthly owner meetings with
Fort Worth, and be ultimately accountable to the City
for McCarthy's performance on the project.
Jerry has more than 30 years of construction experience
and has successfully led numerous civil projects, CMAR
projects, and large treatment plant projects, including
the $191 million SJRA Surface Water Facility CMAR
project and the $42 million TRWD Richland Chambers
Wetlands CMAR project. Most recently, Jerry worked
with CDM and Fort Worth while overseeing McCarthy's
construction team on the $47 million Westside Water
Treatment Plant for the City of Fort Worth.
Jerry is a well-rounded construction professional with
excellent credentials to direct the activities of the proj-
ect team. He will be Fort Worth's main point of contact
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 1
1. QUALIFICATIONS AND EXPERIENCE KEY PERSONNEL CMAR
the day-to-day activities of the construction team and
remain on-site during project close-out to make certain
that the project is constructed and delivered in accor-
dance with the City's requirements.
PROJECT SUPERINTENDENT
Chris Arpaia, Project Superintendent will be com-
mitted 20% during Preconstruction and 100°/a
during Construction and will serve as the General
Superintendent. In this role, he will coordinate, sched-
ule, and inspect the work of the various subcontractors
and any self-performed labor. His emphasis is on the
actual construction work, as opposed to the documen-
tation and submittal process. Chris possesses unique
experience with both large treatment plant projects and
vertical building projects. He is currently working on
the $113M NTMWD Ozone facilities project in Wylie,
TX, and recently completed two major CMAR building
projects in Dallas, one of which won the 2010 National
AGC/Aon Build America Award, the most prestigious
building award in the country. Chris has 34 years of
experience and will be located on-site, full-time during
construction.
�� � �
i
\, �.w QUALITY CONTROL MANAGER
Matt Robben, Quality Control Mananger will be commit-
ted 100% to the project during construction and will be
responsible for implementing the Quality Control pro-
gram during the construction phase for this project. He
will play a key role in assisting with the implementation
of our quality procedures. Matt is recently served on-
site on McCarthy's $113 million, 770 MGD water treat-
ment facility project for NTMWD.
Matt will oversee McCarthy's Quality program for the
project and will lead the pre-installation meetings with
all subcontractors to ensure quality control standards
are met for the project. He will supervise and coordi-
nate required mock-ups while and take the lead in Shop
Drawing and Submittal review and processing. He will
also actively participate in quality management of the
commissioning and start up process.
FORT�WoR.TH
SAFETY COORDINATOR
i,
John Salsman, Safety Coordinator will be commit-
ted 100% to the project during construction and will
be McCarthy's on-site safety professional responsible
for implementing McCarthy's safety procedures and
job-site specific safety program to all on-site con-
struction personnel. He will conduct on-site safety
meetings, task-hazard analysis, toolbox safety meet-
ings and all on-site safety training. John bring 30
years of experience to the project. John is current-
ly serving as the on-site safety coordinator on the
$42M CMAR Richland Chambers Wetlands project
for TRWD, a very similar project with construction
of levees, pipelines and lift station modifications.
Additional support resources include:
� C
�SAFETY DIRECTOR
t�
Bruce Fuller, Safety Director: Bruce has 30 years of con-
struction safety experience. Bruce is an OSHA certified
trainer and spends a considerable amount of his time at
each of McCarthy's Texas job sites to ensure McCarthy's
safety program is fully implemented and adhered to
by both our employees and our subcontractors. During
preconstruction, Bruce will be involved with the con-
struction planning activities to assist the field staff in
configuring the jobsite with the safest methods possible.
During construction, Bruce will visit the site on a regular
basis to make sure McCarthy's safety program is being
properly implemented.
�
QUALITY DIRECTOR
Dan Petry, Quality Director: will provide our team with
guidance and direction regarding quality. During precon-
struction, Dan will be work with our on-site project team
to tlevelop and implement the Site Specific Quality Plan
for the project. He will maintain overall responsibility
for implementing McCarthy's quality initiative, "Quality
without Question" and will also facilitate formal partner-
ing sessions throughout the project.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 3
1. QUALIFICATIONS AND EXPERIENCE KEY PERSONNEL CMAR
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FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES
PAGE 5
SECTION 2. PROJECT APPROACH
McCarthy's estimating, value analysis, constructability
review and other preconstruction services are designed
to provide our clients with a cost efficient and well-coor-
dinated working environment.
McCarthy is very adept at collaborating with design firms
- as proof, we are currently coordinating very effectively
with three design firms and a Program Manager on our
$191M CMAR project for San Jacinto River Authorit}!
We will keep communications regarding inputs from the
design firms and our deliverables at the forefront of dis-
cussions during workshops and coordination meetings.
This will allow The City of Fort Worth to have a compre-
hensive tool for managing the schedule of this phase of
the project. It will also allow The City of Fort Worth to
monitor and direct both McCarthy and the design teams
more efficiently.
Our goal is to keep the design on schedule, inform
The City of Fort Worth of the key decision points that
facilitate the design and construction process, and start
construction on time. Jerry Mayer will direct the precon-
struction team during the design phase, coordinating our
team member's deliverables and their participation in
design workshops and The City of Fort Worth meetings.
McCARTHY ADVANTAGE
Actively engaging our key construction personnel
early in the preconstruction phase is fundamental to
McCarthy's process. Because we are a true contrac-
tor, this allows the design team to take full advantage
of our insights into constructability and sequencing
logistics that might affect design details and project
costs. We involve these key construction individuals in
the process as early as possible to save time and valu-
able design resources by avoiding re-design.
McCarthy's cost accuracy comes from being a true self-
performing contractor who understands how to evaluate
the complexities of the work, put the right labor hours on
it, find the efficiencies in equipment usage and sequenc-
FOR� H
ing, and draw from our historical cost database devel-
oped from numerous treatment plant projects that we
have built over the past 25 years.
As a self-perform builder with active treatment plant
projects in Texas and throughout the Southwest, we
continuously contract for commodity materials, specialty
process equipment and subcontracted trades and have
an excellent pulse on the current market conditions,
demands and the associated price points. We will lever-
age this knowledge to bring further accuracy to our cost
efforts on this project.
PRECONSTRUCTION APPROACH
1. Estimating
Upon notice to proceed, McCarthy's entire
Preconstruction Team will participate in kickoff ineet-
ings with each design team. During this initial interaction
and interface, we will engage the design team members
as they describe and review their 30% design draw-
ings, process considerations, known constraints as well
as other pertinent information. This estimate will allow
the entire team to verify the scope of work as compared
to the decisions and assumptions made during the
Schematic Design Phase.
From this meeting, our team will develop the Initial Cost
Model elements and definition, schedule and logistic
parameters, as well as the Cost Trend Log which the
project team will use as one of the change management
control tools throughout the project. This initial cost
model is critical as it sets the baseline for budget control
of the project moving forward. As the design progresses,
we anticipate monthly meetings at The City of Fort
Worth's offices with all team members, as well as weekly
meetings with the individual design teams at the most
appropriate location.
We also use our treatment plant "lessons learned" data-
base (with owner changes, design errors, omissions and
coordination issues from comparable past projects) to
help add further definition to the cost model. McCarthy
provides cost modeling summaries on both major and
sub-elements of the design. The entire cost model
is broken down into a line item estimate with quanti-
ties and unit pricing within the different sub elements.
This makes it easier for all team members to review
and understand the scope and values being identi-
fied. It also allows our preconstruction team members
�FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 6
a
SECTION 2. PROJECT APPROACH
Our means for controlling this rec-
ommendation is through the use of
our Value Engineering Log.
This tracking document ensures
that the approved items are actu-
ally incorporated into the drawings
and ultimately accounted for in the
budget.
To McCarthy, Value Engineering is a
continuous process throughout the
design phase, not something that
occurs only at 30%-60%-90% mile-
stones. Our preconstruction team
will objectively review all design documents to prevent
omissions and overlaps, to create concise and com-
plete bidding and construction documents. Our role
will be to provide information on the relative cost of
alternate design solutions, which may be under con-
sideration. Our emphasis will be on cost control and
the impact of potential decisions on the established
project budget.
A typical value engineering session would include:
• Identifying needs and definition of function.
• Creating solutions to meeting the basic needs
or function.
• Review of contract documents and
budget estimates to identify items that are not
within the guidelines of the specifications.
• Developing the costs for the various alternative
solutions.
• Evaluating and prioritizing the various
solutions based on project criteria, feasibility of
implementation and cost.
• Selecting the optimum solution and
implementation.
Our approach consists of three main areas of focus:
Treatment Process Review - typically in a plant proj-
ect, there are many opportunities to make significant
cost reductions, not by changing the process itself,
but by offering cost-effective ways to implement the
required treatment process. On this project, however,
our focus will be more on efficient arrangement of the
basins, cost effective ways to make modifications at
the HRC pump station, etc.
Construction Materials — We will evaluate the con-
struction materials specified (particularly the large
FoR� x
diameter pipe) and recommend cost-
effective options where feasible to
help The City of Fort Worth receive
an efficient design that will meet the
budget, not a gold-plated one.
Life Cycle Costs - these can be over-
looked in alternative delivery projects
if the focus is solely on capital costs.
This approach can leave The City of
Fort Worth stuck with everlasting high
costs for power, chemicals, or labor
for operations and maintenance. The
McCarthy team's operations person-
nel will participate with the design
team in this analysis to ensure that The City of Fort
Worth is protected from any long-term surprises.
3. Constructability Reviews
McCarthy's preconstruction team takes a disciplined,
pro-active approach to this review. As design develops
McCarthy will continually do constructability reviews
to assist the designer to ensure the most cost efficient
construction methods are used. These reviews are
critical components of the pre-construction process
and are only as good as the experience and abilities of
the people participating. McCarthy, as a true builder,
is bringing field personnel who are actually respon-
sible for putting work in place every day, to provide
this very important function during design. Our focus
is on means and methods analysis, project planning,
site logistics and practical construction detailing solu-
tions.
Our on-site construction team will lead this process
and assess:
• Construction efficiency, logistics and phasing
• Cost-effectiveness
• Design ambiguities that require detailing
• Possible inconsistencies between design and the
specifications
• Any scope growth that may affect cost
Throughout the review process, our role is that of a
construction resource, lending our construction exper-
tise to ensure clear, concise, constructible construc-
tion documents.
The secret to successful constructability review is the
discipline, desire and time to methodically go through
each drawing and specification page and pro-actively
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 8
We have seen several examples on
other projects where the CMAR only
provided three cost estimates during
the design phase using 30%-60%-
90%design submittals. However,
the cost estimates were not reflective
of the iterative changes to the project
as the design advanced, which led
to an over-budget GMP and delayed
schedule.
McCarthy's Dynamic Estimating
approach mitigates this challenge
with a cost model that is continuously
updated to provide nearly real-time
accurate project costs.
SECTION 2. PROJECT APPROACH
For the work that McCarthy intends to self-perform,
on this project, we will make sure the City receives a
competitive price. McCarthy will solicit subcontractors
and submit a competitive bid with those subcontrac-
tors. McCarthy will then review our self-perform bid
tabulation with the City showing McCarthy's lump sum
scoped bid compared to qualified competing lump sum
subcontractor bids. The City will have final approval of
selection of all subcontractors for this project.
5. Guaranteed Maximum Price
Depending on the state of design, desire to initiate the
Notice To Proceed for Construction, and upon the City's
approval of subcontractors and suppliers, McCarthy will
prepare a Guaranteed Maximum Price. This price forms
the basis of the construction agreement and includes
all total direct costs of the work, costs of the construc-
tion manager and subcontractor performance and pay-
ment bonds, on-site general conditions, premiums for
customary insurance coverage, agreed upon contingen-
cies, and McCarthy's Construction Phase Services Fee.
According to the City's project schedule, once the
CMAR is selected, the remainder of the design phase
will move quickly in order to start construction by
October 2014. So in order to keep the project on
schedule, McCarthy intends to propose a phased GMP,
which will allow us to start construction on time, even if
the design isn't quite finished on time. The first early
GMP will be for the earthwork and drainage, which will
allow construction to begin on the site. We can then
submit a final GMP at either 90% or 100% documents,
depending on what the City prefers or what the project
schedule requires.
McCarthy's ability to deliver an accurate GMP is sec-
ond to none. For example, on our award-winning Lake
Pleasant Water Treatment Plant project, McCarthy sub-
mitted a GMP at only 20% design documents. Our GMP
McCARTHY ADVANTAGE
FORT�WoR.TH
was so accurate, this $230 Million project completed
on-budget, despite scope additions by the owner. Rest
assured, McCarthy has the ability and proven track
record to deliver projects with early, phased GMPs and
keep them on-budget throughout construction. We are
confident we can do the same for the City of Fort Worth
on this important project.
General Coordination
Design Team Coordination
Coordinating with design teams is nothing new to
McCarthy. In fact, we are currently coordinating with
designers on our $191 million CM-at-Risk Surface Water
Facility project for San Jacinto River Authority. There
are three separate design contracts for the intake struc-
ture, water plant, and high service pump station/stor-
age. As CM-at-Risk, McCarthy took the lead in coordi-
nating the design deliverables schedule for each design
team to ensure the overall design stayed on schedule.
In addition to ongoing VE and Constructability reviews,
McCarthy provides individual 30%, 60%, and 90%
staggered milestone estimates, for each design team's
scope package, so it was of utmost importance that
each design deliverable be on time. For example, as
soon as the 60% estimate was complete on the intake
structure, we began the full 30% estimates on the plant
and high service pump station.
To ensure these design milestones were met, McCarthy
held weekly coordination meetings with each individual
design team and monthly coordination meetings with
the Owner and Program Manager.
These meetings facilitate necessary Owner decisions
required to keep the design moving forward. The project
is currently under construction.
Self-performance capability is an important skill that The City of Fort Worth should look for in your CM-at-Risk. In an
"At-Risk" contract, it is important for your CM to have "skin in the game" and a vested interest in the construction success
of the project. McCarthy has a long history as a successful self-performing general contractor, and we take a great deal
of pride in our capabilities. Our self-performance is not just a"capability" achieved through an acquisition, but has been
grown and developed organically over our 145-year history. As a true contractor, we thrive on the challenge of working
'hands-on' and owning responsibility forthe project. We have found our ability to self-perform has provided many benefits
to our past client's projects, including the ability to deliver the better quality, schedule, safety, results as well as the best
final costforthe project.
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FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 10
SECTION 2. PROJECT APPROACH
Construction Supervision
The day-to-day construction activities of the project
will be managed by On-Site Project Manager, John
Frazier. John brings both Treatment Plant construction
and CM-at-Risk experience to this assignment and will
be responsible for executing the project in the field.
John is authorized to represent McCarthy on financial,
administrative and subcontracting matters. He will be
the primary on-site point of contact for The City of Fort
Worth during construction. John, along with Project
Superintendent, Chris Arpaia, will be on-site, full time
during construction.
John and Chris will control the construction operation
and will have responsibility for the supervision, inspec-
tion, quality control, safety, security, scheduling, cost
control, and other tasks related to the construction
effort.
Among the duties of the McCarthy Field Staff will be to
conduct weekly coordination meetings for all subcontrac-
tors to review the planned construction activities, and
construction manpower required for the following day.
Project Director, Jerry Mayer, will oversee this team's
activities and will make regular trips to the project site
and will participate in all monthly owner meetings.
Cost Control & Reporting
The McCarthy Team will handle The City of Fort Worth's
budget as carefully as we manage our own dollars. We
practice a continuous process of cost control beginning
on the day we are selected as part of the project team.
On a daily basis, from pre-construction to completion,
we focus on realistic budgeting, accurate documentation
and ongoing review of costs to achieve the highest effi-
ciencies for the project.
This project requires a Construction Manager that has
proven systems for managing complex projects that have
the added complexity of construction starting prior to
design completion. McCarthy has the proven experi-
ence and systems to keep The City of Fort Worth well
informed of the current and projected budget.
McCarthy monitors material costs on the project site
through its Oracle Project Control Software System and
passes updates to our accounting group at the home
office. Using a database-oriented accounting system,
project payroll, material supplier, and subcontractor
checks are produced for the project from this centralized
FOR_„ T�O�TH
accounting department. Subcontractor and material
supplier billings-to-date are checked against contractual
limits and automatically flagged prior to check genera-
tion if overages exist. Labor cost and job cost reports
are produced for the use of the field staff in the analysis
of their project budget versus actual performance.
Subcontractor Coordination
McCarthy maintains the highest level of professionalism
in working with our subcontracting partners. On-site, we
manage and administer construction contracts, including
monitoring construction document interpretations. We
conduct conferences with the successful bidders in each
category to discuss procedures, scheduling, safety and
equal opportunity programs before any work is begun.
The team implements procedures for processing and
approving shop drawings, catalogs and samples, moni-
toring the progress through weekly Submittal Status
Reports to ensure timely approvals. We make sure all
construction agreements are executed, including insur-
ance, bonding and other procedural requirements. We
then pro-actively coordinate with our subcontractors on-
site a daily basis. Looking at six-week Look ahead sched-
ules, we coordinate subcontractor activities and pre-plan
upcoming work activities.
We address construction coordination among various
subcontractors, evaluating their manpower levels, and
ensuring they are performing their work in accordance
with our overall construction schedule.
Key Construction Issues
Maintaining plant cleanliness — McCarthy realizes that
the Village Creek facility is kept in immaculate condi-
tion, and is one of the cleanest facilities we have ever
seen. Our team will take great care to ensure that all
plant functions and work areas will be clean, orderly, and
maintained to plant staff's expectations. Our construc-
tion operational considerations will go beyond just clean
work and laydown sites. It is our policy to clean up after
every task, not just at the end of the day.
Verification of Existing Piping — During preconstruc-
tion, McCarthy will thoroughly evaluate the existing
as-builts and field-verify underground piping to deter-
mine the best layout of 96" pipe from HRC to Junction
Box 00 to the levee. Additionally, we need to route
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 12
SECTION 2. PROJECT APPROACH
Key MOPO's identified are:
Modifications to the HRC pump station — The
modifications and tie in to this area are minimal
but will require some down time of the HRC to
connect the initial pipe in. It appears that the
HRC is not used very frequently during summer
months, so scheduling should not be an issue as
long as the tie-in is performed during dry season.
It appears that the HRC is used only intermittently
at this time due to low rain event flows. The HRC
is not in regular use and only tested periodically.
An option to consider is either performing the tie-in
during the correct season. Our MOPO plan for this
task will include provisions that allow the structure
to be placed back in use after a very short period of
shut down.
• Pipeline tie-in at Junction Box 00 — Work at Junction
Box 00 can likely be performed with minimal impact
to plant operations. The HRC determines flow
to the box, so this work needs to be performed
at the same time as the tie-in to HRC occurs.
Maintain operations of third party solids handling/
disposal operation — Not an issue. Pipeline routes
need to be planned accordingly with the engineer
during design phase. Laydown areas will be
addressed including laydowns for construction
activities. We will plan accordingly with engineering
to always maintain the Renda operations. A
temporary road will be necessary at some point in
time for access to/from the solids facility.
Start-up and Commissioning
The McCarthy field staff will work hand in hand with
plant operations staff to coordinate the check-out for
operation antl readiness of utilities, systems and equip-
ment, including a formal Commissioning process. We
will direct the project testing and start-up programs,
prepare punch lists and coordinate work completion. We
obtain certificates of completion and maintain a project
staff at the job site for as long as it takes after final
occupancy, providing continuity to the equipment start-
up programs. We make sure the equipment and your
entire facility is functioning as expected to make sure it
meets the designed performance criteria.
FoR�T Wlo�R.TH
The plan to transition to full operation by plant staff is
equally as important as the equipment start up, check-
out and plant commissioning. Our normal procedure
is to dovetail any Operator training and 0&M finaliza-
tion into our systematic equipment start up process.
Operator training is documented in a tracking log as a
separate activity within the equipment validation pro-
cess. This tracking log will include:
• Lesson plan submittal/approval
• Training dates that can accommodate Operator
shift schedules for both classroom instruction and
hands on demonstration.
• Separate training focus for "operations" and "main-
tenance " staff
• Equipment 0&M manuals preliminary submission
• Equipment 0&M manuals finalized submission
upon manufacturer record data and certification.
Our normal 0&M process is handled in this manor.
Manuals in a preliminary format will be received from
any Process Equipment manufacturers within sixty (60)
days of submittal approval or within thirty (30) tlays of
the equipment ship date. Final 0&M Manuals will be
updated within two (2) weeks of successful equipment
start-u p.
Finally, we provide a final construction report including
job site files, photographs, reports, submittals, record
drawings and other pertinent information, which can all
be provided digitally through McCarthy's state-of-the-art
Bluebeam software. We ensure the training and handoff
to your plant facility personnel is in tact.
McCarthy Advantage:
Digital 08cM Manuals
McCarthy uses a state-of-the-art PDF versioning
software called Bluebeam. Throughoutthe project, we
update the as-built drawings in Bluebeam to incorpo-
rate all RFIs and changes to the documents. At the end
of the project, the City will receive a single, digital PDF
file that serves as a searchable set of as-builts docu-
ments and will include all equipment 0&M manuals
digitally linked together. This allows your 0&M staff
to quickly access all manufacturer info, replacement
parts, etc, for everything in the facility in one place. We
are currently implementing this
technalogy on our CI�AR project v�ith SJR �. _
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FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 14
3. COST AND SCHEDULE CONTROL
Cost Control
The McCarthy Team will handle the City's budget as
carefully as we manage our own dollars. We practice a
continuous process of cost control beginning on the day
we are selected as part of the project team. On a daily
basis, from pre-construction to completion, we focus on
realistic budgeting, accurate documentation and ongoing
review of costs to achieve the highest efficiencies for the
project.
As CM-at-Risk specialists, McCarthy always serves as
our client's advocate. Our cost control strategies are
tailored to produce the most cost—effective projects pos-
sible and we always strive to save money and maximize
each dollar for our clients.
The Village Creek Water Reclamation Facility project
requires a Construction Manager that has proven sys-
tems for managing complex projects that have the
added complexity of construction starting prior to design
completion. McCarthy has the proven experience and
systems to keep the City well informed of the current and
projected budget.
Preconstruction
Cost Control starts in preconstruction, as
described above. McCarthy has significant
relevant experience in working on projects
with "in-line" budget management and we
understand the fluidity of the process. We
understand the importance of the City hav-
ing accurate information so that the Project
Team can make the best value-based deci-
sions.
The McCarthy Team will prepare a series
of estimates for this project utilizing a
combination of professional expertise with
similar major Treatment Plant projects and
our understanding of the local Texas mar-
ketplace.
For a project of this nature, an accurate,
initial budget is critical. It provides a real-
istic budget against which the estimated
cost of the design is continuously com-
pared. McCarthy's budget development
system for similar projects is based on
computerized records of the actual costs
FOR� x
of numerous similar projects which we have constructed.
In addition, we will utilize our past historical costs from
hundreds of projects in the Texas area. McCarthy will
work closely with City of Fort Worth and the CDM to
define the level of quality and types of systems desired
for the facility. We also price out a"wish list" of scope
items and features. Our goal is to have the project team
make decisions or compromises as necessary through-
out the planning and design phases so that we preclude
any budget overruns when bids are received. McCarthy
believes strongly in a proactive approach.
Subsequently, our preconstruction team will develop
separate cost estimates for each of the design phases
(30%, 60%, 90%) as they become available. Each
estimate is a cost control mechanism in itself. Each
line-item quantity is priced based on the latest available
documents and can be compared with the corresponding
line-item in the previous estimate. We, therefore, read-
ily identify changes in the project scope and increases
in the anticipated construction cost as the design pro-
gresses. McCarthy has the capability to prepare cost
estimates completely with our in-house staff.
Value Analysis is another process McCarthy uses to
further enhance cost control. McCarthy's
Value Analysis is a systematic approach to
� maximizing the effect of every project dollar
spent. Essentially, this process evaluates
alternative materials and methods to main-
tain a specific level of performance, but at
a lower cost.
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Cost Control during Construction
Cost control during construction starts with
a comprehensive approach to scoping and
contracting with subcontractors. We will fol-
low all requirements for soliciting subcon-
tractors including M/WBE subcontractors
and will receive bids with City representa-
tives. Once we receive bids, we first will
conduct an initial review of all bids received
and determine the completeness of bids/
proposals received. After this initial review
we will rank the top three subcontractors in
each work category. At this stage, we will
interview the top three in each category to
review their bid/proposal in detail includ-
ing discussing commitment to the project
schedule and ensuring adequate manpower.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 15
3. COST AND SCHEDULE CONTROL
�Preliminary Design and Construction Schedule
�Milestone Schedule
-�Master Construction Schedule
�CPM (Critical Path) ScheduPe
�Short-Term Schedules
Throughout construction, the CPM Schedule will be
updated weekly at the jobsite to serve as a planning and
monitoring tool for our Project Director, Project Manager
and field staff to use in managing the project. McCarthy
also hosts weekly schedule meetings at the jobsite
with subcontractors to communicate progress, current
status, and possible recovery tactics should schedule
slippage begin to occur. A monthly schedule update
report will be provided to the City detailing the progress
of construction.
The Short Term Schedule, or Six-Week Work Schedule,
will be used to communicate to all trade subcontractors,
foremen and craftsmen the construction activities that
must be accomplished during the succeeding six-week
period. Main activities for the Six-Week Schedule are
taken from the overall CPM schedule and results from
the Six-Week Schedule are used to update the CPM
schedule. McCarthy develops the schedule in sufficient
detail so that it is a useful tool for our field staff in their
daily management of the project. In general, we attempt
to limit individual activity durations to 20 days or less.
McCarthy's approach to schedule control involves a com-
bination of efforts and approaches designed to commu-
nicate expectations, facilitate accountability, and proac-
tively identify solutions to address schedule challenges.
Steps to assure timely completion of the project include,
but are not limited to, the following:
• Subcontractor Accountability. A key element in
McCarthy's subcontracting plan will be to ensure
that all interested subcontractors are fully aware
of the schedule requirements prior to submis-
sion of their bids/proposals. During the evaluation
process to select "best value" subcontractors,
McCarthy will meet with low responsive subcontrac-
tors to verify that their bid/proposal is based upon
the project schedule and that the subcontractor
has adequate resources to staff the job correctly.
The construction schedule along with a manpower
commitment is then made part their agreement.
FoRT�WoR_TH
Preplanning/Coordination. Effective management
and updating of the project schedule involves
more than just documenting schedule changes and
completed activities. Our project team utilizes the
schedule as a daily tool to coordinate subcontractor
activities and pre-plan upcoming work, addressing
construction coordination among subcontractors,
manpower levels, hoisting, system start-up, etc.
Recovery Planning. McCarthy's experience and capa-
bilities as a true builder make us uniquely qualified
to monitor construction productivity. For subcon-
tracted trades, we can quickly observe if subcontrac-
tors are under-staffed, or lack the appropriate equip-
ment to perform that day's scheduled work activity.
In the event we see schedule slippage, we can
immediately focus our attention to a recovery plan.
Several options are available. Our first action is to
meet with the subcontractor's Project Manager, his
Superintendent and all Foremen associated with the
operation to brainstorm production improvement.
Once the source has been identified, we con-
sider the options to assure our actions actu-
ally resolve the problem. Adding more men or
working more hours is usually the first consider-
ation, but not always the right response. Changes
would be made on day one that would improve
the productivity. If on day two there is still
a problem, additional steps may be required.
If despite all efforts, the subcontractor cannot
complete his work on time, we look at means and
methods to make up the time by others. We focus
our attention to those activities on the critical path
of the schedule that can be re-sequenced, moved up
in time, completed faster or sooner, etc. to make up
for the lost time. The key is to have a plan, commu-
nicate the plan, commit to the plan; monitor the plan
and to have a backup plan.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 17
4. PRECONSTRUCTION SERVICES FEE AND CMAR FEE PERCENTAGE FORT�WOR_TH
T
- Exhibit D -
Construction Budget and Fee Proposal
1. Estimated Construction Budget
The City's estimated construction budget is $29,000,000 (Twenty-nine million dollars).
2. Preconstruction Phase Services Fee
The Preconstruction Phase Services Fee shall be provided as lump sum amount
(in number and words).
$95.000 (Ninety-five thousand dollarsl
3. Construction Phase Services Fee
The Construction Phase Services Fee shall be provided as a percenta�e of the cost of the Work
(expressed in numbers and words�
3.5% Three and half percent
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 18
5. QA/QC PLAN
QUALITY MANAGEMENT PROCESSES
Quality Control
�� � � McCarthy utilizes a formal
Quality Control program,
without question ��Quality without Question" that
ensures that the high standards set by McCarthy are met
or exceeded on the construction of every component of
the facility. As proven builders, we believe that you can
never start too early to ensure a quality product, there-
fore McCarthy's commitment to quality control starts
during preconstruction. During the review of the draw-
ings and specifications, our team will ensure that the
requirements are rigid enough to demand high quality
construction work, but yet not so rigid as to incur unnec-
essary costs.
McCarthy does not consider quality a single activity,
but a series of linked activities performed proactively to
avoid larger issues later in the project. We focus on the
value of quality, from which certainty can be produced.
An example of this is the bid documents — the more con-
cise and clear the bid documents, the easier the subcon-
tractors will understand the project requirements.
This certainty then permeates throughout the project
as requests for information and changes are minimized,
improving coordination and scheduling. The bottom line
is that quality can be achieved and budgets met when
properly managed.
McCarthy's Quality Program is a team effort and each
and every one of McCarthy's Team is committed. Matt
Robben, Quality Control Manager, along with Jerry
Mayer, Project Director, and Chris Arpaia, Project
Superintendent, will lead the Quality Program implemen-
tation on the Village Creek project for the entire project
team of subcontractors and design team. The McCarthy
Team focuses on communication of expectations and
team building to create a project atmosphere of doing
work right the first time and elevating quality as a priority
equal to that of safety, schedule and budget.
A key member of the Project Team is Dan Petry,
Texas Division Quality Director, whose responsibilities
include overseeing and evaluating the implementation
FOR� H
Coordination and Communication Process
Our team utilizes a comprehensive Oracle project man-
agement system to identify and track the core quality
activities, making it part of our day-to-day focus.
Types of Communication Tools include:
• Team meeting • Cash flow forecast
minutes • Monthly progress reports
• Design and • Request for
construction Information log
phasing schedule • Change Proposal
• Critical path Request logs
schedules • Mock-ups
• Cost estimates • Bid evaluations
• Project budgets • Team correspondence
This automated documentation provides clear records
of the activities and results. Unlike most contractors,
The McCarthy Team has developed and uses a statisti-
cal metric (Quality Incident Rate) that tracks quality
incidents on our projects. We require reporting of every
quality incident as it happens and track resolution of
these incidents.
The goal is to constantly lower our incident rate and ulti-
mately improve the overall quality performance on all our
projects. These Quality Incident Reports will be shared
with The City of Fort Worth every month as part of our
comprehensive quality management process.
Administration Review Process
McCarthy recognizes The City's need for accurate infor-
mation. Reporting and document control are handled
through a series of established procedures that utilize
customized industry software, written communication
and ongoing updates.
McCarthy utilizes a detailed field procedures manual. All
field operations personnel are trained in use of the pro-
cedures including items such as project start up, sched-
uling, quality, subcontractor submittals, equipment,
accounts payable, subcontracting/purchasing, payment
requests, insurance, project reports and project close-
out. These procedures are complemented by McCarthy's
Oracle software system.
of McCarthy's Quality Initiatives, providing training to Reporting Procedures: McCarthy's approach begins with
Project Staff, and serving as a resource for the project the establishment of team administration procedures,
relative to quality items. which ensure the gathering and dissemination of perti-
nent information to all applicable staff and subcontractor
contacts.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 19
5. QA/QC PLAN
Quality Control: Through our Project Procedures
Conference, mock-up creation/testing, and pre-con-
struction meetings with our direct field labor and sub-
contractors, our team will clearly establish the quality
expectation for each scope of work for which the trades
are responsible. Subcontractors will also be required
to provide quality documentation to execute and verify
their work.
Quality Assurance: Through our mock-up documenta-
tion, lst installation verification, and on-going verifica-
tion and testing, our team will accomplish on-going
verification of the quality achieved by the subcontrac-
tors. Whenever an issue is identified, McCarthy's level
of verification increases — this provides an escalat-
ing scale until performance improves, thus resolving
issues quicker.
One unique aspect of McCarthy's
Quality program includes our use
Building Information Modeling
(BIM) on every project. McCarthy
uses a three dimensional com-
puter modeling program to lay out
mechanical systems, including all
pipe work, connections, fittings,
etc. By laying them out in this vir-
tual reality program, we are able to
quickly identify any clashes in the
program and make atljustments
prior to assembly and installation.
In addition to helping to deliver a
quality final product, this ability to
avoid potential issues saves The
City time and money.
Pre-Construction Conferences:
Each subcontractor will attend a
Pre-Construction Conference with
their management staff prior to
any Work being performed. This meeting will focus
on open submittal issues, material laydown/storage,
subcontractor coordination, specifications/drawings,
review mock-up requirements, work permits, Quality
Assurance / Quality Control requirements, safety
requirements, and security requirements of the project.
Mock-ups and Sample Construction: We view mock-
ups and sample construction as a critical part of the
Quality Program. The primary reason for this is that
they allow us the opportunity to document not only
FoRT�WOR.TH
the sequence of installation, but to also functionally
test the systems and assemblies to verify they achieve
the required contract characteristics (i.e., the building
enclosure does not leak). The mock-ups and sample
construction are also used as the standard for the
remaining work.
Each subcontractor will build a mock-up of their work.
Mock-up items can include concrete for finishes/
trade coordination, masonry for architectural appear-
ance / trade coordination, handrail, caulking, coatings,
mechanical system components such as piping, valves,
and appurtenances; and electrical system components
such as embedded conduit, exposetl conduit, junction
boxes, disconnects, remote control stations.
Pre-Installation Meetings: There is often a significant
time differential between completion and approval
of the mock-ups or sample con-
struction and the start of pro-
duction construction. In response,
McCarthy engages the trades and
subcontractor supervision in pre-
installation meetings for all work.
These meetings allow those actual-
ly accomplishing the work to under-
stand the contract documents and
our expectations, to review the
mock-up, and to become prepared
for any verifications, inspections or
tests to be accomplished.
lst Installation Verifications: Once
the first portion of work has been
completed, McCarthy meets with
the subcontractor and trades to
review compliance to contract doc-
uments, accomplish any testing
possible, and resolve issues prior to
proceeding with subsequent work.
These lst Installation Meetings are
intended to verify that the actual trades doing the work
can achieve plans, specifications, and the expectations
approved in the mock-ups and sample construction.
Through the use of the Pre-Installation meetings,
mock-ups, and a collaborative team approach we
will make sure each item is inspected as it is being
installed to avoid any rework.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 21
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Why McCarthy uses 3-D BIM for
Quality Control and Assurance:
• To enhance quality constructability, maintain-
ability
• To promote better coordinaUon with fewer errors
and omissions
• To let the owner visualize, understand, and have
input in the final layout to ensure that the end
user needs are addressed
• To facilitate better collaboration between all
parties
• Itexpeditestheconstructionschedule: Potential
errors are eliminated; Installation is streamlined
by prefabrication; Rework is minimized; and It
engages the involvement of The City's staff and
facilitates decision making.
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5. QA/QC PLAN
ing and management of submittals and shop drawings
is essential. McCarthy utilizes a prioritized approach
to submittals to allow the Engineers sufficient time to
respond to submissions.
In addition, by performing thorough internal reviews prior
to sending to the Engineers, we minimize the number of
rejected submissions — thus speeding up the review and
approval process.
Pre-Punch: We recognize the intent of an Owner's or
Engineer's punch walk-through is to approve the con-
struction — not to find problems. Therefore, McCarthy
accomplishes an internal pre-punch with each subcon-
tractor to verify completion of work prior to requesting
a walk-through by The City and the Design Team. This
minimizes closeout delays and issues.
Inspection Management: Code and contract required
inspections require proactive planning and management,
as well as untlerstanding of the inspection's purpose and
key focus areas of the inspector. McCarthy's inspection
approach is focused on early communication with the
inspectors - getting to know them, their requirements,
and the evaluation criteria for the project.
This could also include informal walkthroughs with the
inspectors throughout the project prior to the official
inspection in order to identify and resolve issues early.
Start-up: McCarthy will establish and manage the
contract start-up requirements at the beginning of the
project through discussions at the Project Procedures
Meetings, including key start-up milestones in the
Project Schedule, use of pre-start-up meetings with
key subcontractors to review requirements prior to
accomplishing the activities and utilizing our Project
Management Software to actively manage the activities
as they occur.
Individual Equipment Start-Up: A Start-Up plan will
be developed to address how each piece of equip-
ment will be started-up to confirm the interrelated
systems are working as intended. Examples includ-
ed: Re-circulating fresh water with pumps (raw,
backwash, finished) to confirm hydraulic operation
of the pumps, confirming chemical pump operation
with fresh water, operating mixers, operating clarifi-
cation equipment, operating the air scour system for
FOR� H
air distribution check, and operating the centrifuges
to confirm interlock features.
• Process System Start-Up: We will create a Start-
Up plan to address how entire process systems
will be started-up and tested. Examples include:
Raw water pump system, Filter operation/backwash
sequencing, UpFlow Clarifier operation, chemical
feed systems. All process system start-ups will be
performed in conjunction with the Project Team.
• Plant Start-Up: The McCarthy team will develop
the Project Specific Start-Up Plan to address how
the new HRC pump system, modifications will be
started-up. Start-Up will be performed in conjunc-
tion with the Project Team and we will work hand
in hand with the Project Team to help ensure tem-
porary measures are in place to ready the plant for
operation.
Commissioning: The McCarthy Team is also very proac-
tive in integrating the project's commissioning require-
ments into our Quality Program to avoid repetition of
activities and to have the commissioning activities be
complementary to our standard quality activities. This
is accomplished by working with The City at the start
of the project to review requirements and determine the
best means in accomplishing them. We then include the
The City throughout construction to have on-going input
and feedback, as well as support McCarthy's efforts on
verifying subcontractor performance in achieving the
contract requirements for preparing for the final commis-
sioning testing.
23-Month Warranty Walk: McCarthy's Quality Program
does not end once the job is complete. We stay involved
throughout the warranty period and accomplish a walk-
through of the project at the 23-month point to identify
and resolve any items that are covered under warranty.
McCarthy's Quality Program is a practical way of work-
ing and a better way of managing that helps avoid costly
delays and claims.
�FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 23
a
6. COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE FORT�WOR.TH
�
MINORITY BUSINESS ENTERPRISE PARTICIPATION
McCarthy brings a long history of ineeting and exceed-
ing public sector disadvantaged, minority and/or women
business enterprise (D/M/WBE) program requirements.
McCarthy has consistently exceeded participation goals
and included D/M/WBE firms at all business levels -
from prime joint venture partners, to subcontractors,
vendors and suppliers.
McCarthy has successfully employed a variety of strate-
gies on past projects designed to solicit and involve the
local, small and minority/women business community
in our projects. Our ongoing relationship with the MBE
community is built on a strong networking system that
includes small businesses; federal, state and local pub-
lic agencies; local, regional and national trade associa-
tions; small business support organizations; and other
organizations and institutions committed to small busi-
nesses. Through this network, we continuously identify
and document MBE firms with proven technical and
operational capabilities. We have established numer-
ous alliances with several MBE subcontractors and also
commit to expand this network with local, Fort-Worth
based MBE firms.
McCarthy's commitment to supporting local MBE busi-
ness is reflected in our history of consistently exceeding
participation goals on projects. Forexample, on the $47
million City of Fort Worth Westside Water Treatment
Plant project, McCarthy achieved 16% participation,
which exceeded The City's 12% goal.
A key element of McCarthy's business diversity approach
and methodology has been to develop project-specific
processes. Successful programs we employ to promote
MBE involvement include:
• Utilizing specialized MBE program consultants to
ensure the most effective and productive MBE strat-
egy and plan.
• Developing formal mentor-protege relationships. For
example, McCarthy's current relationship with certi-
fied 8a firm, GCC, has resulted in over $52 million
in federal contracts currently underway in Texas, in
which GCC is the majority equity partner.
• Development and implementation of a comprehen-
sive MBE strategy, including involvement of rel-
evant professional services, and vendors/ suppliers
necessary for the project.
• Formal outreach events designed to introduce and
were in attendance.
.........................................................
promote the project to the local and MBE business
communities. Our outreach is deliberate and tacti-
cal in enlisting local community business-related
support and introducing technical support programs
for more effective MBE competitiveness and quali-
fications.
Implement effective monitoring, tracking and
reporting procedures and processes.
Early identification and determination of project
subcontract, vendor and supplier needs and ser-
vices. This effort has almost become routine for our
team since the identification of such services and
products is crucial to outreach and timely consider-
ation of the local and MBE business communities.
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 24
McCarthy hosted this outreach event in Fort Worth during
pursuit of the TexRail project to present available project
opportunities. Over 80 MBE subcontractors and suppliers
6. COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE FORT�WORT_H
�
also explore presenting the manual's information through
a dedicated project website which will allow us a critical
additional vehicle by which to reach the MBE community
and outreach into the business community.
3. Project-Specific Technical Assistance
McCarthy will explore a project-specific technical
assistance initiative designed to provide specialized
support to the MBE business community. Our objective
will be to offer technical assistance in the historical/
traditional barriers to MBE program involvement, which
will allow MBEs to be as competitive and capable as
possible. Technical assistance program areas will
address bonding, insurance, financing and payment
requirements.
4. Project-Specific Outreach Program
McCarthy will establish a project specific outreach
initiative, and we will enlist the support of local business
and related community organizations. Our objective
will be to develop strategic relationships with the
organizations/entities in the local community that bring a
firm "business base" relative to the needs of the project.
McCARTHY ADVANTAGE
McCarthy brings a wealth of experience and
proven project performance in establishing
MBE assistance programs. These programs
need to be tied to specific project needs in
order to effectively provide assistance in the
areas that will directly affect the local and
MBE business communities.
5. MBE Monitoring and Reporting Procedure
McCarthy, in coordination with the City's diversity
department, will establish and implement MBE
monitoring and reporting requirements and procedure.
Our approach will be not only to incorporate the City's
MBE requirements, but also ensure timely payments to
participating MBEs and provide quarterly and Ad Hoc
reports on participation levels. This will result in a well
documented and up-to-date monitoring and reporting
process that will effectively track and report local and
MBE participation both overall and on a project specific
basis.
Targeted entities will include but not limited to:
• Fort Worth and Regional Minority Chambers of
Commerce
• Minority and women business organizations
and entities, such as the Hispanic and Black
Contractors Associations
• City of Fort Worth diversity department
• NCTRCA Business Development Center
• U.S. Small Business Administration (SBA)
• Private sector vehicles and business programs
Outreach Events
A key element of our outreach initiative will be to host
formal Outreach Events designed to formally present the
Village Creek project and it's opportunities to the local
and MBE community during preconstruction.
These outreach events will allow us to present all
subcontracting, supplier, and vendor opportunities to
local and MBE businesses for more effective solicitation
and involvement of subcontractors. At these events, we
aim to identify interested MBE firms and understand
their capacity/capabilities. We can then tailor our bid
packages accordingly to maximize participation by
MBEs.
At a minimum our monitoring and reporting process will:
• Track and document MBE participation
• Report actual payments to all subcontractors
• Ensure and adherence to all MBE goals
incorporated into the final CMaR Agreement
FORT WORTH VILLAGE CREEK PEAK FLOW MANAGEMENT FACILITIES PAGE 26
- j � ��
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RESUMES
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RESUMES
TROY LARSON, LEED AP
Preconstruction Manager
Troy Larson will be the overall lead for McCarthy's preconstruction services. He
brings extensive treatment plant preconstruction experience to this assignment,
directing McCarthy's preconstruction activities on four large CMAR treatment
plants totalling more than $500 million in value. Troy recently worked closely with
Jason House on the preconstruction effort for the $191 million San Jacinto River
Authority - Surface Water Facility CMAR project.
CAREER SUMMARY Relevant Experience
12 yearswith McCarthy San Jacinto River Authority - Surface Water Facility - Conroe, TX; $191 million,
12 total years experience CMAR delivery method for a Raw Water Intake and Pump Station sized for the ulti-
mate capacity of 120 MGD and the initial installed pumping capacity (Phase I) will
EDUCATION serve the 30 MGD treatment plant.
Purdue University,
Bachelor of Science,
Building Construction
Management
TRAINING & CERTIFICATION
United States Green Building
Council, LEEDAP
91st Avenue UP05 Wastewater Treatment Plant - Project B- Phoenix, AZ; CM-at-
Risk, $105 million, 37.5 mgd expansion to existing wastewater treatment plant.
Greenfield Water Reclamation Plant — Gilbert, AZ; CM-at-Risk, $148.4 million,
sewage treatment plant expansion consisted of a new facility to provide treatment
capacity of approximately 16 mgd of liquids and 24 mgd solids.
Chandler Airport Water Reclamation Facility Expansion Project — Chandler, AZ;
CM-at-Risk, $75.7 million, expansion of existing wastewater treatment facility to
15 mgd.
Deer Valley Water Treatment Plant - Phoenix, AZ; CM-at-Risk, $126 million
construction of a new 100 mgd East Basins Plant in the middle of the existing
water treatment plant.
City of Mesa South CAP WTP Reservoir & Booster Pump Station Phase One -
Mesa, AZ; CM-at-Risk, $25 million, eight (8) million gallon cast-in-place reinforced
concrete potable water storage reservoir (59,535 sf) and Booster Pump Station
(18,256 sf) with facilities to deliver water to the City of Mesa's Desert Wells and
Desert Sage pressure zones.
City of Fort Worth Westside Water Treatment Plant; $47 million new Membrane
Water Treatment Plant with initial treatment capacity of 12 MGD that includes
construction of pre-treatment facilities including ozone contact basin, rapid mix,
flocculation & high rate-sedimentation basins, membrane operations building,
washwater recovery basins, recycle pump station, 2.5 MG ground storage tank,
high service pump station, ozone chemical building, electrical building, civil work
and necessary appurtenances.
Lake Pleasant Water Treatment Plant — Phoenix, AZ; Design-Build-Operate,$230
million, 80 mgd treatment plant, included innovative ballasted flocculation
process for high-rate sedimentation, ozonation, deep-bed monomedia filters, post-
filtration GAC contactors, and ultraviolet disinfection. The project included a raw
water intake and pump station, 2 miles of large-diameter pipeline, and a 40 MG
on-site storage reservoir and pumping of finished water.
McCARTHY
RESUMES
CHUCK SHIVE
Sr. Civil Estimator
Chuck will assist with the day-to-day estimating activities of the preconstruction
team. He will assist with the take-off and quantity analysis and will interface with
subcontractors to get pricing to support the estimating process and development
of the GMP.
� Relevant Experience
CAREER SUMMARY San Jacinto River Authority - Surface Water Facility - Conroe, TX; $191 million,
6yearswith McCarthy CMAR delivery method for a Raw Water Intake and Pump Station sized for the ulti-
27 total years experience mate capacity of 120 MGD and the initial installed pumping capacity (Phase I) will
serve the 30 MGD treatment plant. Currently, Jason is on-site as the lead estima-
EDUCATION tor for this project.
TexasA&M University Tarrant Regional Water District, Richland Chambers Wetlands - Corsicana, TX;
BachelorofScience, CM-at-Risk, $45 million, 1,800 acre expansion to a wetlands area. The project
Civil Engineering includes five sedimentation basins, 16 additional wetland cells, a bypass chan-
nel, conveyance canals, raw water pipeline, upgrades to lift station and mechani-
cal/electrical upgrades to a pump station.
City of Fort Worth Westside Water Treatment Plant - Fort Worth, TX; $47 mil-
lion new Membrane Water Treatment Plant with initial treatment capacity of 12
MGD that includes construction of pre-treatment facilities including ozone contact
basin, rapid mix, flocculation & high rate-sedimentation basins, membrane opera-
tions building, washwater recovery basins, recycle pump station, 2.5 MG ground
storage tank, high service pump station, ozone chemical building, electrical build-
ing, civil work and necessary appurtenances.
North Texas Municipal Water District Plants I, II, II I, & IV Ozonation- Wylie, TX;
$113 million construction of two ozone generation builtlings, eleven ozone contac-
tors, as well as extensive electrical, piping, and other associated upgrades.
Port of Houston Bayport Terminal Complex Phase 1 Wharf - Seabrook, TX; $100.2
million, 1,332-foot Phase I Wharf extension of the Port of Houston's Bayport
Terminal. The concrete wharf extension will utilize more than 30,000-cubic-yards
of concrete and sit on a foundation of over 900 cased piers, which will include rail
track to support three mobile gantry cranes.
Port Of Houston Bayport Container Stage 1 Roller Compacted Concrete -
Seabrook, TX; $50.3 million, new container yard at the Port of Houston's Bayport
Terminal facility. Approximately 43 acres of various types of concrete pavement
and related appurtenances.
Port Freeport Velasco Terminal - Freeport, TX; $34.6 million new wharf construc-
tion on auger cast pile foundations, as well as paving and site work.
Port of Houston Bayport Gate Complex - Houston, TX; $28.2 million roadway and
paving work to create entry gate and container storage for the new POH Bayport
Terminal project.
Dallas County IH635 at Towneast Boulevard - Mesquite, TX; $52 million highway
interchange renovation at IH635 and IH30 in Dallas County.
McCARTHY
RESUMES
CHRIS ARPAIA
Project Superintendent
Chris will coordinate and inspect the work of the various subcontractors. His
emphasis is on the actual construction work as opposed to the documentation and
submittal process. Although the entire McCarthy staff pays continuous attention
to the quality and workmanship of the construction operations, quality control and
safety are Chris's main focus during the project. Chris brings 26 years of on-site
construction expertise to this assignment.
CARLL�; �o..,v���v:iu' �1
6 years with McCarthy Relevant Experience
34totalyearsexperience North Texas Municipal Water District Regional Water System Water Treatment
Plants I, I I, II I, and IV Ozonation - Wylie, TX; $116 million construction of new
EDUCATION ozone treatment facilities for a 770 MGD Water Treatment Plant including two
ozone generation buildings, 11 ozone contractors, chemical feed system, high rate
University of New Haven sedimentation basins, electrical substation and distribution, yard piping, roadwork,
BachelorofScience, drainage, grading, yardwork and other miscellaneous items of work.
Civil Engineering
University of New Haven
Graduate Courses in
Business Management
AFFILIATIONS &
CERTIFICATIONS
OSHA 30 Hour Training
REFERENCES
Mr. Michael Korns
AT&T Center for the
Performing Arts
214.954.9925
Mr. Owen Kohashi
Magnusson Klemencic Assoc.
206.292.1200
Ms. Lavina Sadwani
Magnusson Klemencic Assoc
206.292.1200
Rome WPCF, Rome, GA; $40 million, rehab of existing wastewater treatment
plant.
New Haven Wastewater Treatment Plant - New Haven CT; $11 million wastewater
plant improvements. Work included the construction of a new headworks build-
ing, additions and modifications to the main building, and extensive pipe work and
modifications to existing tanks.
Ridgefield Wastewater Treatment Facility - Ridgefield, CT; $10 million plant modi-
fications and new construction. New aeration tanks, clarifiers, self backwashing
filters, and co-ordination to bring new tanks on line, demo old ones and bypass.
Waterford Pumping Stations - Waterford, CT; Two pumping stations with a con-
tract value of $2.5 million.
AT&T Performing Arts Center Underground Parking Structure - Dallas, TX; $16
million, 222,000 SF, 613-car underground parking garage to serve new perfor-
mance venues in the Dallas Performing Arts District.
AT&T Performing Arts Center Auxiliary Parking Structure - Dallas, TX; $13.5 mil-
lion, 253-car, 1-level below grade parking structure which acts as the foundation
to the Dallas City Performance Hall.
Mr. Vince Bandy AT&T Performing Arts Center Dee & Charles Wyly Theatre - Dallas, TX; $61.9 mil-
REX
917.434.4701 lion, 12-story, 80,300 sf one-of-a-kind 650-seat multi-form theatre designed by
REX/OMA, Joshua Prince-Ramus and Rem Koolhaas, Pritzker Prize winner, with
support space situated in the downtown Arts District.
East Lyme Pumping Station; East Lyme, CT. $1.4 million pumping station.
Tampa Airport Interchange, Tampa, FL; $200 million, bridges, earthwork, high-
way, and pipe.
Dallas City Performance Hall - Dallas, TX; $31.3 million, 46,655 sf, 750-seat
performance hall for the City of Dallas located in the Dallas Arts District that will
seek LEED Silver certification upon completion. Phase 1 of a multi-phased devel-
opment.
McCARTHY
RESUMES
,�
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JOHN SALSMAN
Safety Coordinator
John will be McCarthy's on-site safety professional responsible for implementing
McCarthy's safety procedures and job-site specific safety program to all on-site
construction personnel. He will conduct on-site safety meetings, task-hazard anal-
ysis, toolbox safety meetings and all on-site safety training. John bring 30 years
of experience to the project.
Relevant Experience
CAREER SUMMARY Tarrant Regional Water District (TRWD) Richland Chambers Wetlands - Kerens,
l0yearswith McCarthy TX; CM-at-Risk, $41 million, 1300 acre expansion to wetlands area including
30 total years experience three sedimentation basins, 13 additional wetland cells, bypass channel, convey-
ance canals, raw water pipeline, upgrades to lift station and mechanical/electrical
CERTIFICATIONS upgrades to a pump station.
OSHA 10 Hour Certification
S.T.O.P. Training
Dallas/Fort Worth International Airport Automated People Mover Guideway - DFW
Airport, TX; $11.8 million, Automated Elevated peoplemover guideway section for
Terminal E & F.
Dallas/Fort Worth International Airport Terminal D- DFW Airport, TX; $18.2 mil-
lion concrete superstructure supporting the automated people mover system and
elevated roadways throughout the new Dallas/Fort Worth Airport International
Terminal.
Dallas/Fort Worth International Airport
Airport, TX; $15.5 million, 249,000 �
access for arriving and departing passE
Parking Garage at Terminal D.
Terminal D Elevated Roadways - DFW
�, 2-level Elevated Roatlway to provide
�gers at Terminal D, 2-level Addition to
Dallas County Detention Center South Tower - Dallas, TX; $65.9 million, 330,000
sf, 4-level medium security prison with capacity for 2,376 inmates. The concrete
frame, dormitory-style prison connects to the existing Lew Sterrett detention cen-
ter.
University of Texas Southwestern Medical Center Laboratory Research & Support
Building - Dallas, TX; $27.8 million, five-story, 78,000 sf multi-disciplinary
research facility including animal research labs, dermatology labs and support
space.
AT&T Performing Arts Center Dee & Charles Wyly Theatre - Dallas, TX; $61.9 mil-
lion, 12-story, 80,300 sf one-of-a-kind 650-seat multi-form theatre designed by
REX/OMA, Joshua Prince-Ramus and Rem Koolhaas, Pritzker Prize winner, with
support space situated in the downtown Arts District.
AT&T Performing Arts Center Auxiliary Parking Structure - Dallas, TX; $13.5 mil-
lion, 253-car, 1-level below grade parking structure which acts as the foundation
to the Dallas City Performance Hall.
Emmett J. Conrad High School - Dallas,
school with 2,100-student capacity. Fe
atre, cafeteria, in-school restaurant, two
athletic facilities.
TX; $42.3 million, 326,000 sf new high
�tures an 800-seat performing arts the-
gyms, indoor rifle range, and full outdoor
McCARTHY
RESUMES
10 years with McCarthy
34 total years experience
PROFESSIONAL &
COMMUNITY AFFILIATIONS
Associated General Contractors
Hazard Communication
lnstructor
Associated General
Contractors
Crisis Management
American Society of Safety
Engineers
Excavation Safety Management
Crane Inspection &
Certification Bureau
Crane Management
OSHA Training Institute, Texas
A&M
OSHA 30/10 Hour lnstructor
National Safety Council
Industrial First Aid
Texas Engineering Extension,
Texas A & M
Excavation Safety Management
BRUCE FULLER
Safety Director
Bruce has more than 30 years of safety experience in the construction industry.
Bruce will be involved in preplanning activities and will have overall responsibil-
ity for the project's safety. He will regularly visit the jobsite, supervise the on-site
safety staff and oversee McCarthy's safety training to our own employees, as well
as trades labor.
Relevant Experience
North Texas Municipal Water District Plants I, II, III, & IV Ozonation- Wylie, TX;
$113 million construction of two ozone generation buildings, eleven ozone contac-
tors, as well as extensive electrical, piping, and other associated upgrades.
City of Fort Worth Westside Water Treatment Plant - Fort Worth, TX; $47 mil-
lion new Membrane Water Treatment Plant with initial treatment capacity of 12
MGD that includes construction of pre-treatment facilities including ozone contact
basin, rapid mix, flocculation & high rate-sedimentation basins, membrane opera-
tions building, washwater recovery basins, recycle pump station, 2.5 MG ground
storage tank, high service pump station, ozone chemical building, electrical build-
ing, civil work and necessary appurtenances.
Tarrant Regional Water District, Richland Chambers Wetlands - Corsicana, TX;
$45 million, 1,800 acre expansion to a wetlands area. The project includes five
sedimentation basins, 16 additional wetland cells, a bypass channel, conveyance
canals, raw water pipeline, upgrades to lift station and mechanical/electrical
upgrades to a pump station.
NTTA SH190 PGBT & US 75 Interchange - Plano, TX; $48.1 million, 14 Bridges,
(concrete beam and structural steel), 40,000+ cy concrete, 1,368,067 sf bridge
deck; 73,000 sy Concrete Paving.
Dallas County IH635 at Towneast Blvd - Mesquite, TX; $52 million highway inter-
change renovation at IH635 and IH30 in Dallas County.
DART TRE Beltline Grade Separation - Irving, TX; $46 million rail road bridge on
existing track location.
IH10/IH 410 at Bexar County - San Antonio, TX; $49.5 million, reconstruction of
the existing interchange between IH10 and IH410 including 7 flyover type bridges
and 19 permanent walls; both cut and fill walls plus three temporary walls.
REFERENCES Bexar County IH410/San Pedro & Bridges at McCullough/US 281- San Antonio,
Mr. Donald Kriesel TX; $58 million construction of IH410 from Blanco Road to McCullough road in
Senior Risk Manager Bexar County. Upgrade to a 10-lane freeway and traffic management, reconstruc-
Zurich North America tion of US 281/IH 10 intersection, including paving, bridge structures and retain-
281-229-1115 ing walls.
Ms. Dorothy Shaw
President
TEXO
972-647-0697
Dallas County, Beltline Road - Irving, TX; $22.8 million 2.3 mile total reconstruc-
tion of Beltline Road from Hunter Ferrell Road to Oakview Drive.
Port of Houston Bayport Phase 1 Wharf - Houston, TX; $100.5 million, 1,300'
concrete wharf extension on drilled shaft foundations.
McCARTHY
CAREER SUMMARY
RESUMES
3 year with McCarthy
31 total years experience
EDUCATION
Northeast Louisiana University
eachelor of Science,
Construction Management
M�CARTNY
ANDREW PRUETT
Schedule Control Manager
Andrew will create and maintain the overall Project schedule under direction from
Project Managers and with input from Superintendents.
Relevant Experience
The Headquarters for Blue Cross and Blue Shield of Texas - Richardson, TX;
$182 million 1,050,000 sf headquarters campus including 15-story and 7-story
office towers with a 3,600-car parking structure. This project is LEED Silver.
Winner of the TEXO 2010 Distinguished Building Award of Merit.
AT&T Performing Arts Center Dee & Charles Wyly Theatre - Dallas, TX; $61.9 mil-
lion, 12-story, 80,300 sf one-of-a-kind 650-seat multi-form theatre designed by
REX/OMA, Joshua Prince-Ramus and Rem Koolhaas, Pritzker Prize winner, with
support space situated in the downtown Arts District.
Metro Office Plaza - Irving, TX; $20 million, 10-story, 185,000 sf commercial
office development.
Dallas Country Club - Dallas, TX; $35 million, 3-story 89,850 sf golf clubhouse
with locker rooms, dining rooms, banquet facility and a 2-level, 68,800 sf parking
garage.
Garnet Valley/Black Mountain Co-Generation Facilities - Las Vegas, NV; $161
million, two 85 megawatt co-generation plants utilizing natural gas and steam
processes for electrical power generation and chilled water production for gypsum
manufacturing.
JPI Multi-Family Housing Projects; $6.1 billion, 150+ luxury and student living
apartment projects including garden style, high density, mid-rise and high rise
type construction. Projects included upgraded amenities and site features such as
conference and media rooms and business centers.
United Regional Hospital South Tower Addition - Wichita Falls, TX; $48.8 mil-
lion, 170,000 sf, 4-level South Tower addition includes 56 total patient beds, new
radiology, 14 new surgery suites, pediatrics, labor/delivery, post-partum and nurs-
ery suites, new kitchen and dining facility. Additional scope includes renovation of
approximately 10,000 sf of existing space for a circulation at the new bridge tie-in
and two separate pedestrian bridges connecting the new tower with the existing
tower.
Midland Memorial Hospital - Midland, TX; $120.5 million 316,513 sf new 9-story
patient tower and 105,317 sf renovation featuring a 30-room ER expansion, new
entrance/lobby/admitting area, 10 Labor Delivery rooms, 12 Pediatric Beds, 26
Surgery prep/recovery rooms, 30 postpartum beds, 25 Ortho/Nuero inpatient
beds, 30 ICU beds and 48 shelled inpatient beds. Also includes a new 11,000 sf
CUP and a 5-story, 265,980 sf precast parking garage with associatetl flat parking
lot.
Frisco Municipal Parking Garage - Frisco, TX; $6.4 million, 193,000 sf, 5-story
above grade parking structure with 574 parking spaces.
McCARTHY
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ATTACHMENT C
STANDARD GENERAL CONDITIONS FOR THE CMAR
CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: Jw�e2014
STANDARD GENERAL CONDITIONS OF
THE CONSTRUCTION CONTRACT
TABLE OF
CONTENTS
Page
Article 1— Definitions and Terminology ..........................................................................................................1
1.01 Defined Terms ............................................................................................................................... l
1.02 Terminology ..................................................................................................................................6
Article 2— Preliminary Matters ......................................................................................................................... 7
2.01 Copies of Documents .................................................................................................................... 7
2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7
2.03 Starting the Work .......................................................................................................................... 8
2.04 Before Starting Construction ........................................................................................................ 8
2.05 Preconstruction Conference .......................................................................................................... 8
2.06 Public Meeting .............................................................................................................................. 8
2.07 Initial Acceptance of Schedules .................................................................................................... 8
Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8
3 .O 1 Intent .. .... . . .... .. .. . ... . ... . .. . . . .. ........ . . . .. . . . .... . . . . ........ ..... . ... . ..... ... ...... . ..... .. . . . . .. ... . ... .. ... .. .. ...... .. . ... . . ... .. . . ... 8
3.02 Reference Standards ...................................................................................................................... 9
3.03 Reporting and Resolving Discrepancies ....................................................................................... 9
3.04 Amending and Supplementing Contract Documents .................................................................10
3.05 Reuse of Documents ...................................................................................................................10
3.06 Electronic Data ............................................................................................................................11
Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ...........................................................................................................11
4.01 Availability of Lands ..................................................................................................................11
4.02 Subsurface and Physical Conditions ..........................................................................................12
4.03 Differing Subsurface or Physical Conditions .............................................................................12
4.04 Underground Facilities ...............................................................................................................13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Environmenta.l Condition at Site ..............................................................................14
Article 5— Bonds and Insurance .....................................................................................................................16
5.01 Licensed Sureties and Insurers ...................................................................................................16
5.02 Perforrnance, Payment, and Maintenance Bonds .......................................................................16
5.03 Certificates of Insurance .............................................................................................................16
5.04 Contractor's Insurance ................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................19
Article 6 — Contractor's Responsibilities ........................................................................................................19
6.01 Supervision and Superintendence ...............................................................................................19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUIvIENTS FOR CMAR PROJECTS
Revision: June2014
6.02 Labor; Working Hours ................................................................................................................ 20
� 6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Project Schedule ..........................................................................................................................21
6.05 Substitutes and "Or-Equals" ....................................................................................................... 21
6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................24
6.07 Wage Rates ..................................................................................................................................25
6.08 Patent Fees and Royalties ...........................................................................................................26
6.09 Permits and Utilities ....................................................................................................................27
6.10 Laws and Regulations ................................................................................................................. 27
6.11 Taxes ........................................................................................................................................... 28
6.12 Use of Site and Other Areas .......................................................................................................28
6.13 Record Documents ......................................................................................................................29
6.14 Safety and Protection .................................................................................................................. 29
6.15 Safety Representative ..................................................................................................................30
6.16 Hazard Communication Programs ............................................................................................. 30
6.17 Emergencies andlor Rectification ...............................................................................................30
6.18 Submittals ....................................................................................................................................31
6.19 Continuing the Work ................................................................................................................... 32
6.20 Contractor's General Warranty and Guarantee ..........................................................................32
6.21 Indemnification ......................................................................................................................... 33
6.22 Delegation of Professional Design Services .............................................................................. 34
6.23 Right to Audit .............................................................................................................................. 34
6.24 Nondiscrimination .......................................................................................................................35
Article7- Other Work at the Site ................................................................................................................... 35
7.01 Related Work at Site ................................................................................................................... 35
7.02 Coordination ................................................................................................................................36
Article8- City's Responsibilities ................................................................................................................... 36
8.01 Communications to Contractor ................................................................................................... 36
8.02 Furnish Data. ................................................................................................................................ 36
8.03 Pay When Due ............................................................................................................................36
8.04 Lands and Easements; Reports and Tests ...................................................................................36
8.05 Change Orders ............................................................................................................................. 36
8.06 Inspections, Tests, and Approvals .............................................................................................. 36
8.07 Limita.tions on City's Responsibilities ....................................................................................... 37
8.08 Undisclosed Hazardous Environmental Condition ....................................................................37
8.09 Compliance with Safety Program ............................................................................................... 37
Article 9- City's Observation Sta.tus During Construction ........................................................................... 37
9.01 City's Project Representative ..................................................................................................... 37
9.02 Visits to Site ................................................................................................................................ 37
9.03 Authorized Variations in Work .................................................................................................. 38
9.04 Rejecting Defective Work ..........................................................................................................38
9.05 Determinations for Work Performed ..........................................................................................38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2A14
Article 10 - Changes in the Work; Claims; Extra Work ................................................................................38
• 10.01 Authorized Changes in the Work ............................................................................................... 38
10.02 Unauthorized Changes in the Work ...........................................................................................39
10.03 Execution of Change Orders .......................................................................................................39
10.04 Extra Work ..................................................................................................................................39
10.05 Notification to Surety .................................................................................................................. 39
10.06 Contract Claims Process ............................................................................................................. 40
Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41
11.01 Cost of the Work .........................................................................................................................41
11.02 Allowances ..................................................................................................................................43
11.03 Unit Price Work .......................................................................................................................... 44
11.04 Plans Quantity Measurement ......................................................................................................45
Article 12 - Change of Contract Price; Change of Contract Time ................................................................. 46
12.01 Change of Contract Price ............................................................................................................46
12.02 Change of Contract Time ............................................................................................................47
12.03 Delays ..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48
13.01 Notice of Defects ........................................................................................................................48
13.02 Access to Work ...........................................:............................................................................... 48
13.03 Tests and Inspections .................................................................................................................. 48
13.04 Uncovering Work ........................................................................................................................49
13.05 City May Stop the Work .............................................................................................................49
13.06 Correction or Removal of Defective Work ................................................................................50
13.07 Correction Period ........................................................................................................................ 50
13.08 Acceptance of Defective Work ...............................................................................................:... 51
13.09 City May Correct Defective Work ............................................................................................. 51
Article 14 - Payments to Contractor and Completion .................................................................................... 52
14.01 Schedule of Values ......................................................................................................................52
14.02 Progress Payments ...................................................................................................................... 52
14.03 Contractor's Warranty of Title ................................................................................................... 54
14.04 Partial Utilization ........................................................................................................................ 55
14.05 FinalInspection ...........................................................................................................................55
14.06 Final Acceptance .........................................................................................................................55
14.07 Final Payment .............................................................................................................................. 56
14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56
14.09 Waiver of Claims ........................................................................................................................ 57
Article 15 - Suspension of Work and Termination ........................................................................................ 57
15.01 City May Suspend Work ............................................................................................................. 57
15.02 City May Terminate for Cause ................................................................................................... 58
15.03 City May Terminate For Convenience ....................................................................................... 60
Article16 - Dispute Resolution ...................................................................................................................... 61
16.01 Methods and Procedures .............................................................................................................61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2A14
Article17 — Miscellaneous .............................................................................................................................. 62
17.01 Giving Notice .............................................................................................................................. 62
17.02 Computa.tion of Times ................................................................................................................ 62
17.03 Cumulative Remedies ................................................................................................................. 62
17.04 Survival of Obligations ............................................................................................................... 63
17.05 Headings ......................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'I'S FOR CMAR PROJECTS
Revision: June2A14
UU'%L UU - 1
General Conditions
Page 1 of 65
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-deimed term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award — Authoriza.tion by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents=The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements T'he advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
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General Conditions
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13. Change Order—A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for imal enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representa.tive.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — T'he officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract�laim.
19. Contract—The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price—The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor—The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMEN'PS FOR CMAR PROJECTS
Revision: June?A14
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Generai Conditions
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25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Conlractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The ofiicially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Communiry Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings — That part of the Contract Documents prepared or approved by Engineer
which graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so deimed.
33. Effective Date of the Agreement—'The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer — The licensed professional engineer or engineering firm registered in the Sta.te of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. E�ra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WOR'I'H
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2A14
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General Conditions
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38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmentai bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs—Polychlorinated biphenyls.
49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
50. Plans — See defuution of Drawings.
51. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revision: June2014
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General Conditions
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the Contractor's plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project Representative The authorized representative of the City who will be assigned to
the Site.
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals A schedule, prepared and ma.intained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural ma.tters applicable thereto. Specifications
may be specifically made a part of the Coniract Documents by attachment or, if not atta.ched,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
CTI'Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCtJMENTS FOR CMAR PROJECTS
Revision: Jw�e2A14
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General Conditions
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64. Substantial Completion — The stage in the progress
designated portion thereo� is sufficiently complete
Documents so that the City can utilize the Work (or
intended use.
of the Work when the Work (or
in accordance with the Contract
a designated portion thereo� for its
65. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
66. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
67. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
68. Supplier A manufacturer, fabricator, supplier, distributor, material man, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
69. Underground Facilities All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
70. Unit Price Work—See Paragraph 11.03 of these General Conditions for defuution.
71. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
72. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, insta.11ing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
73. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives.•
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific sta.tement indicating
otherwise).
C. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
l. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Confiract Documents, words or phrases that have a well-known
technical or construction indushy or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
CTI'Y OF FORT WORTH
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor ma.y not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be ma.de to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by alL
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereo� to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as"the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The Contractor shall not take advantage of any variation of form, forma.t or style in
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making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manua.l, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manua.l, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
l. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
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3. Contractor shall not be liable to City for failure to report any conflict, enor, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
Except as may be otherwise specifically sta.ted in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo� prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
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3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media forma.t, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of soflware application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HA7ARnOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availabiliry of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of andlor access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, andlor easements.
2. The City has or anticipates removing andlor relocating utilities. Any outstanding removal or
relocation of utilities is anticipated in accordance with the schedule set forth in the
Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with
the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or
relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current sta.tement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
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1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to e�cisting surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identiiied in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consuItants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall be entitled to an adjustment in the Contract Price or Contract Time i£
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1. Contractor did not know of the existence of such conditions at the time Contractor made a
fmal commitment to City with respect to Contract Price and Contract Time by the
submission of a Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could not reasonably have been discovered or revealed as a
result of the examination of the Contract Documents or the Site; or
3. Contractor gave the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents
with respect to e�sting Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data. provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any dama.ge
thereto resulting from the Work.
B. Not Shown or Indicated.•
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before furkher disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Conlractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
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be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the esta.blished reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees; agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpreta.tion of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City ma.y consider the necessity to reta.in a qualified expert to evaluate such condition or take
corrective action, if any. When the Hazardous Environmental Condition has been rendered
harmless by the City's separate remediation contractor, the work in the affected area shall resume
upon written agreement of the City and Contractor. For such Hazardous Environmental
Conditions that Contractor encounters that are not within Contractor's scope of work, the
Confiract Time shall be e�ended appropriately and the Contract Price shali be increased in the
amount of Contractor's reasonable costs of shut-down, delay and start-up, by Change Order.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor slaall indemn� and
hold Izarmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and cliarges of engineers, architects, atlorneys, and other professionals and
all court or arbitration or otlaer dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition created by Contractor or by anyone for whom
Contractor is responsible. Nothing in this Paragrapla Q 06.G shall obligate Contractor to
indemnify any individual or entity from and against tlze consequences of that individual's or
entity's own negligence.
H. T'he provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5— BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. The Contractor shall, within ten days of the final execution by the Parties of this Agreement,
deliver to the City Payment and Performance Bonds, on a form acceptable to the City and in
compliance with Texas Government Code Chapter 2253, for the Construction Work. The
Payment and Performance Bonds shall be in the name of the City and shall each be in a penal
sum equal to the estimated construction budget or guaranteed maximum price, if known at the
time.
B. Maintenance Bonds, valid for two years from the substantial completion date of the Work, shall
be procured and provided by the Contractor to City prior to final acceptance of the Work and
shall be on a form accepta.ble to the City and in the name of and in favor of the City.
C. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice will be given to the Contractor to that effect and the Contractor
shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by
an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certifrcates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as"Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent fmancial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable, and except related to any Builders' Risk insurance provided by
Contractor), and each additional insured identified in the Supplementary Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deiiciency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to mainta.in such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City. The City acknowledges that McCarthy's
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Professional Liability policy SIR is $1,000,000, and that such SIR is acceptable to the City.
11. Not used.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto.
14. City shali not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally conta.ined with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
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three (3) years following the completion of the project (if identiiied in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liabiliry. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with ��rticle 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representa.tive at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
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6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qua.lified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of ma.terials and equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, insta.11ed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
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1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification O1 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
"Or-Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an"or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
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2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an"or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an accepta.ble substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section Ol 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that speciiied;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, inciuding costs of redesign and Damage
Claims of other contractors affected by any resulting change.
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B. Substitute Construction Methods ot� Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.OS.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require
Contractor to furnish additional data. about the proposed substitute. City will be the sole judge of
acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an"or-equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a
warranty with respect to any substitute. Contractor shall indemn� and hold harmless Ciry and
anyone directly or indirectly employed by them from and against any and all claims, damages,
losses and expenses (including attorneys' fees) arising out of the use of substituted materials or
equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. PERFOR.MANCE OF WORK. Contractor shall publicly advertise for bids or proposals and
receive bids or proposals from trade contractors or subcontractors for the performance of all
major elements of the work other than the minor work that may be included in these general
conditions. Contractor may seek to perform portions of the work itself by submitting its bid or
proposal for those portions of the work in the same manner as all other trade contractors or
subcontractors and City determines that the Contractor's bid or proposal provides the best value
for the City.
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B. REVIEW OF BIDS OR PROPOSALS. The Contractor shall review all trade contractor or
subcontractor bids or proposals in a manner that does not disclose the contents of the bid or
proposal during the selection process to a person not employed by the Contractor, Design
Engineer, or City. All bids or proposals shall be made available to the City on request and to
the public after the later of the award of the contract or the seventh day after the date of iinal
selection of bids or proposals. If the Contractor reviews, evaluates, and recommends to the
City a bid or proposal from a trade contractor or subcontractor but the City requires another bid
or proposal to be accepted, City shall compensate the Contractor by a change in price, time, or
guaranteed maximum price for any additional cost and risk that the Contractor incurs because
of the City's requirement that another bid or proposal be accepted.
C. .
D. DEFAULT; PERFORMANCE OF WORK. If a selected trade contractor or subcontractor
defaults in the performance of its work ar fails to execute a subcontract after being so selected,
the Contractor may fulfill, without advertising, the contract requirements or select a
replacement trade contractor or subcontractor to fulfill the contract requirements
E. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection..
F. Business Diversiry Enterprise Ordinance Compliance: It is City policy to ensure the full and
equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
an MBE and/or SBE goal, Contractor is required to comply with the intent of the City's
Business Diversity Ordinance (as amended) by the following:
l. Contractor shall, upon request by the City, provide complete and accurate information
regarding actual work performed by a MBE and/or SBE on the Contract and payment
therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and ma.y result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or iiles in the possession of the Contractor that will substantiate the actual work
performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds
for termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
G. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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l. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
H. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcont�actors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
I. All Subcontractors, Suppliers, and such other individuals or entities perfornung or furnishing any
of the Work shall communicate with City through Contractor.
J. All Work performed for Contractor by a Subconlractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the beneiit of City.
6.07 Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall reta.in the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
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D. Arbitration Requi�ed if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the llth day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. T'he decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest e�ent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
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in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
pernuts and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining suchpermits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Pernuts
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
pernuts and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing that it is contrary to Laws or Regulations, Contractor
shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such Work. However, it shall not be
Contractor's responsibility to make certain that the Specifications and Drawings are in
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accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not knovm at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with Sta.te Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax pernuts and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window.state.t�c.us/taxinfo/taxforms/93-forms.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of ma.terials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to fmish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be ma.de by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
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4. Pursuant to Paragraph 6.21, Contt•actor shall indemn� and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner ot� occupant agaznst City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a maruier unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor pernut any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submitta.is will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
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2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
G Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity
employed by any of them to perform any of the Work, or anyone for whose acts any of them may
be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representa.tive at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
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B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
l. Submit number of copies specified in the General Requirements.
2. Data shown on the Submiitals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Spec�cations.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
B. Where a Submiital is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
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C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section O1 33 00 and City has given written accepta.nce of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's Gene�al Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
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not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or fmal payment;
3. the issuance of a certiiicate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work that was not performed in
accordance with the Contract Documents, and pay for any damage to other work or property
resulting therefrom which shall appear within a period of two (2) years from the date of
Substantial Completion of the Work and shall furnish a good and sufficient maintenance
bond, complying with the requirements of Article 5.02.B. The City will give notice of
observed defects with reasonable promptness.
6.21 INDEMl�TIFICATION
SEE ARTICLE 8, SECTION 17 OF THE AGREEMENT
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittais prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
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to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittais (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after fmal
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract, except that any lump sum amounts or agreed-upon rates shall not be subject to
audit. Contractor agrees that the City shall have access during Regular Working Hours to all
necessary Contractor facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Paragraph. T'he City shall
give Contractor reasonable advance notice of intended audits.
B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after fmal
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract (except that any lump sum amounts or agreed-upon rates shall not be subject to
audit), and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. T'he City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
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ARTICLE 7— OTHER WORK AT TIIE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners; and such other contractors shall be responsible for procuring their own property,
liability or workers compensation insurance, and Contractor shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of Contractor. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to Contractor prior to starting any such other work.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is perforniing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or def ciencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific ma.tters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
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AR'�'ICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at ar contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.07 Limitations on City's Responsibilities
A. T'he City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
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8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during conshuction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on ,
information obtained during such visits and observations, City's Project Representa.tive will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the qua.lity or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
9.03 Authorized Variations in Work
City's Project Representa.tive may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
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9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data.).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
accepta.bility of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be fmal and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CI�ANGES IN THE WORK; CLAI�VIS; EXTRA W�RK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of E�ra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an e�ension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
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10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Confiractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. T'he Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
l. Written notice sta.ting the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data, in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
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the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. T'he City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City's written action under Paragraph 10.06.0 will be fmal and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; iTNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph
11.O1.B, but shall include, but not be limited to, the following items:
l. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
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include;
a. salaries with a 63% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all ma.terials and equipment furnished and incorporated in the Work, including costs
of transporta.tion and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor. All trade discounts, rebates, and
refunds or returns from sale of surplus materials and equipment shall accrue to Owner and
Contractor shall make provisions so that they may be obtained. Costs of materials
described in this paragraph in excess of those actually installed but required to provide
reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be
provided to the Owner at the completion of the Work or, at the Owner's option, shall be
sold by the Contractor or returned to the supplier; amounts realized, if any, from such sales
or returns shall be credited to the Owner as a deduction from the Cost of the Work.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
4. Payments ma.de by Contractor to Subcontractors for Work performed by Subcontractors. If
any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined by the
Contractor. .
a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
Media, Inc., as adjusted to the regional area of the Project. 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 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
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cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Blue Book Payment
Actual Usage Category
Less than 8 hours Hourly Rate
8 or more hours but less than Daily Rate
7 days
7 or more days but less than Weekly Rate
30 days
30 days or more Monthly Rate
d. Equipment when idle (Standby): 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 11.O1.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 breakdovcm. If any part of the Work is
shut dovcm by the Owner, standby time will be paid during non-operating work hours if
diversion of equipment to other Work is not practicable. Engineer reserves the right to
cease standby time payrnent when an extended shutdown is anticipated.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transporta.tion and maintenance, dismantling and removal of all materials,
supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,
and hand tools not owned by the workers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain
the properly of Contractor.
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c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to any of the Work that has
been completed and accepted by the City, not compensated by insurance or otherwise,
sustained by Contractor in connection with the performance of the Work, provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any Subcontractor, or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall include settlements made with
the written consent and approval of City. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee. If,
however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and Contractor is placed in charge thereof, Contractor shall be
paid for services, a fee proportionate to that sta.ted in Paragraph 12.01.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions
and communication services at the Site, reproduction costs, progress photography costs,
costs of general office and similar supplies, postage, express delivery and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for all bonds Contractor is required by the Contract Documents to
purchase and maintain; the cost of all subcontractor bonds and/or an agreed-upon rate for
subcontractor default insurance; and insurance at the agreed-upon rate to be stated in the
GMP Amendment.
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the Contractor's
personnel incurred while traveling in discharge of duties connected with the Work in
accordance with the Contractor's written policies for personnel at or below the level of
Project Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by Contractor or
Subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance are considered
costs of the Work.
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m. Fees and assessments for the building permit and for other permits, licenses and
inspections for which the Contractor is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the Contract Documents, except those
related to nonconfornung Work other than that for which payment is pernutted by
Paragraph t below.
o. Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for
infringement of patent or other intellectual properly rights arising from such requirement
by the Contract Documents and payments made in accordance with legal judgments or
settlements against the Contractor resulting from such suits or claims, such payments
made only with the City's consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the Contractor's Fee
or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not
excluded by provisions of the Contract Documents.
p. Legai, mediation and arbitration costs, other than those arising from disputes between the
City and Contractor or reasonably incurred by the Contractor in the performance of the
Work, except where covered under any indemnity by Contractor and only with the City's
written permission.
q. Reasonable expenses incurred in accordance with the Contractor's standard personnel
policy for relocation and temporary living allowances of personnel required for the Work,
in case it is necessary to relocate such personnel, for personnel below the level of Project
Superintendent.
r. Reasonable costs incurred by the Contractor in taking action to prevent threatened
damage, injury or loss in case of an emergency affecting the safety of persons or property.
s. Costs incurred by the Contractor in repairing or correcting damaged or nonconforming
Work performed by the Contractor or its Subcontractors or suppliers, provided that such
damaged or nonconforming Work was not caused by the negligence or failure of the
Contractor or the Contractor's employees, including supervisory, administrative or
managerial personnel, to perform in accordance with the Contract Documents or by the
failure of the Contractor's personnel to supervise adequately the Work of the Contractor's
Subcontractors or suppliers, and only to the extent that the cost of repair or correction is
not recoverable by the Contractor from insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the Contractor in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities, temporary utilities, dumpsters and toilets.
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v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded.• The term Cost of the Work shall not include any of the following items:
l. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estima.tors, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due primarily to the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.O1.A.
6. The Contractor's capital expenses, including interest on the Contractor's capital employed for
the Work.
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.O1.A.3.
8. Liquidated damages assessed the Contractor by the City.
9. Data. processing and software costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.O1.B.1 above.
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11. That portion of the reasonable travel and subsistence expenses of the Contractor's personnel
incurred while traveling in discharge of duties connected with the Work in accordance with the
Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. .
C. Contractor's Fee: Contractor's fee shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order for an adjustment in Contract Price is
determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth
in Paragraph 12.01.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.O1.A and 11.O1.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form accepta.ble to City
an itemized cost breakdown together with supporting data.
E. For all subcontracts, the Contractor shall ensure compliance with Texas law.
F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Contractor
shall accrue to the City if (1) before making the payment, the Contractor included them in an
Application for Payrnent and received payment therefore from the City or (2) the City has
deposited funds with the Contractor with which to make payrnents; otherwise, cash discounts shall
accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of
surplus materials and equipment shall accrue to the City, and the Contractor shall make provisions
so that they can be secured. Amounts which accrue to the City in accordance with the provisions
of this paragraph shall be credited to the City as a deduction from the Cost of the Work.
G Accounting Records: The Contractor shall keep full and detailed accounts and exercise such
controls as may be necessary for proper fmancial management under the Contract Documents; the
accounting and control systems shall be satisfactory to the City. The City and the City's
accountants shall be afforded access to the records, books, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Project, and the Contractor shall preserve these for a period of three years after fmal payment, or
for such longer period as may be required by law.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as ma.y be acceptable to City.
B. Pre-bid Allowances:
1. Contractor agrees that:
a. the pre-bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
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b. Contractor's costs for unloading and handling on the Site, labor, insta.11ation, overhead,
profit, and other expenses contemplated for the pre-bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: shall be as defined in Article 2, Section 4 of the Agreement
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City ma.y make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
l. the quant�ty of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order E�ra Work in
accordance with Paragraph 10.01.
l. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
If no unit prices e�cist, this will be considered E�ra Work and the Contract will be amended
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by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the tota.l
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantiiy Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are
not applicable.
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ART'ICLE 12 — CONTRACTOR'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF
CONTRACT TIME, DELAYS
12.01 Contractor's Fee
See Article 2, Sections 1 and 2 of the Agreement.
12.02 Change of Cont�act Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.01), and shall include the cost of
any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.02.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided below plus CMAR
Construction Services Fee as stated in Article 2 of the Agreement).
a. for costs incurred under Paragraphs 11.O1.A.1 and 11.01.A.2, the Contractor's additional
fee shall be 1 S% percent,
b. for costs incurred under Paragraph 11.O1.A.3„ the Contractor's fee shall be _15%_
percent, as established in the Contractor's Proposal, based on subcontractor's actual
Cost of the Work
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent is that the Subconiractor who actually
performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incw�red
by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount
paid to the next lower tier Subcontractor, however in no case shall the cumulative tota.l of
fees paid to Contractor and all tiered sub-contractors be in excess of 26.8%;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6,
andl l.Ol.B;
e. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to 3.5 percent (%) of such
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net decrease.
12.03 Change of Contract Time
A. T'he Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.04 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City or its designers or consultants, acts or neglect of utility owners or other
contractors perfornung other work as contemplated by Article 7, fires, floods, epidemics,
abnormal weather conditions, or acts of God.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
dama.ges (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the acts or neglect of the City or
its designers, consultants, or utility owners or separate contractors, including without
limita.tion the failure of the City to provide information or material, if any, which is to be
furnished by the City.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
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' have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations so require, any of the Work (or part thereo fl to be
inspected, tested, or approved by City, City shall assume responsibility for arranging and
obtaining such independent inspections, tests, retests or approvals, pay all costs in connection
therewith, and receive the required certificates of inspection or approval; excepting, however,
those fees specifically identified in the Supplementary Conditions or any Texas Deparhnent of
Licensure and Regulation (TDLR) inspections, which shall be paid as described in the
Supplementary Conditions.
C. Contractor shall be responsible for arranging and obta.ining and shall pay all costs in connection
with any additional inspections, tests, re-tests, or approvals required for City's acceptance of
materiais or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation
in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organiza.tions
accepta.ble to City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
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G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufiicient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitxation or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
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Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall ta.ke no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to
be defective, Contractor shall promptly, without cost to City and in accordance with City's
written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or dama.ge, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and dama.ges (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and ali court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substa.ntial Completion of a11 the Work, the correction period for that item may start to
run from an earlier date if so provided in the Contract Documents.
D. Where defective Work (and dama.ge to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to Contractor should
such additional warranty coverage be required. Contractor may dispute this requirement by filing
a Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limita.tion or repose.
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13:08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributa.ble to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Wark and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this
Paragraph13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
City shall be entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
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acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
The Contractor's Fee for overhead and profit shall be payable on a monthly basis, prorated
as a percentage of the contract time expended.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of reta.inage with respect to progress payments will be as stipulated in the
Contract Documents.
B. Review ofApplications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data. and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
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to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a fmal
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications sta.ted in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been e�chaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such e�ent as ma.y be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
See Article 3 Subsection2 of the Agreement..
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
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F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Conhactor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
l. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and
Contractor shail make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
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14.05 Finallnspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
l. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
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2. After all Damage Claims have been resolved:
a, directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the imal payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If fmal completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and iuial quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be reta.ined.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no eatra payment for stand-by
time of construction equipment and/or conshuction crews.
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B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 Ciry May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limita.tion, may justify ternunation for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
fmancially unable to carry on the Work satisfactorily; or
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8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
L If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materiais and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is fmished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accounta.ble to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
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law.
C. Notwithstanding Paragraphs 15A2.B, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the e�ent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
Stop work under the Contract on the date and to the extent specified in the notice of
ternunation;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
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the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to imal settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination;
2. direct expenses sustained prior to the effective date of termination in perfornung services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work;
3. reasonable expenses directly attributable to termination; and
4. overhead and profit in the form of a prbrated amount of the Contractor's Fee, with such
proportion being "the cost of the work completed to date" divided by "GMP minus the
Contractor's Fee".
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
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ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor ma.y request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes fmal and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
ternunation of the mediation unless, within that time period, City or Contractor:
l. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — NIISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given ii
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the ne� Working Day shall become the last
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` day of the period.
`17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. T'he provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
1'7.04 Survzval of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
17.06 Mutual Waiver of Consequential Damages
The Contractor and City waive Claims against each other for consequential damages arising out of
or relating to this Agreement. T'his mutual waiver includes: (1) damages incurred by the City for
rental expenses, for losses of use, income, profit, fmancing, business and reputation, and for loss of
management or employee productivity or of the services of such persons; and (2) damages incurred
by the Contractor for principal office expenses including the compensation of personnel stationed
there, for losses of fmancing, business and reputation, and for loss of profit except anticipated profit
arising directly from the Work performed. This mutual waiver is applicable, without limitation, to all
consequential damages due to either party's ternunation in accordance with Contract Documents.
Nothing contained in this Section 17.06 shall be deemed to preclude an award of liquidated
damages, when applicable, in accordance with the requirements of the Contract Documents.
CITY OF FORT WORTH
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Official site of the City of Fort Worth, Texas
1' 1'
• � ��
COUNCIL ACTION: Approved on 3/4/2014
DATE:
CODE:
3/4/2014 REFERENCE NO.: **C-26693 LOG NAME:
C TYPE: CONSENT PUBLIC
HEARING:
.�� _. • 1 u_:
NO
SUBJECT: Authorize Execution of a Construction Manager-at-Risk Agreement with McCarthy
Building Companies, Inc., for Preconstruction Phase Services in the Amount of
$95,000.00 and Construction Services Phase for a Fee of 3.5 Percent of the Guaranteed
Maximum Price for the Peak Flow Management Facilities at Village Creek Water
Reclamation Facility, Provide for Project Management and Staff Support Services for a
Total Preconstruction Phase Amount of $110,000.00 (COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Construction Manager-at-Risk
Agreement with McCarthy Building Companies, Inc., providing for Preconstruction Phase services in
the amount of $95,000.00 and Construction Services Phase for a fee of 3.5 percent of the
Guaranteed Maximum Price for the Peak Flow Management Facilities at Village Creek Water
Reclamation Facility.
DISCUSSION:
Due to the nature of the project, Staff elected to use the Construction Manager-at-Risk (CMAR)
alternative project delivery method. CMAR Contractors are selected based on qualifications for the
desired services. A CMAR Contractor provides construction knowledge and advice during the
detailed design (preconstruction) phase to lower construction cost, optimize construction sequencing,
and provide a better overall result. The Agreement is structured to share the risk between the City
and the CMAR and is authorized by state law. The Agreement is a single contract in two phases, with
compensation models for each phase. The City may terminate the Agreement if the Guaranteed
Maximum Price for construction (GMP) exceeds expected costs or for other reasons. Staff will
present a separate Mayor and Council Communication amending the Agreement when the GMP is
established.
The City of Fort Worth owns and operates one wastewater treatment plant, the Village Creek Water
Reclamation Facility (VCWRF). The VCWRF is permitted to treat wastewater flows up to166 million
gallons per day (MGD) average dry flow and up to 369 MGD for a two-hour peak flow.
The January 2012 Wastewater Master Plan anticipates 2015 wastewater peak flow to Village Creek
Water Reclamation Facility to exceed 389 MGD which is in excess of the plant's current TPDES
permitted capacity. This peak flow rate also exacerbates a functional limitation of 303 MGD identified
in the plant's primary clarifiers. The Master Plan recommends construction of a Peak Flow Basin to
manage peak wet weather flows. In the near term, the construction of the basin will allow operational
flexibility for plant shutdowns related to other process improvements and construction and will also
allow the City to defer a VCWRF expansion to 2019.
On September 18, 2012, (M&C C-25846) the City Council authorized an engineering Agreement with
CDM Smith, Inc., for the process studies and conceptual design of the Peak Flow Management
Facilities at the Dewatering Facility site (the Sludge Only Landfill), about two miles north of the
existing VCWRF. These efforts are nearly completed and final engineering will start after the
authorization of the Final Engineering Services contract to be presented to council in a separate
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M,ayor and Council Communication.
The Water Department published a Request for Qualifications for the Construction Manager-at-Risk
for Peak Flow Management Facilities at Village Creek Water Reciamation Facility on January 18,
2013.
Seven sets of qualifications were received on March 7, 2013, from the following firms:
Archer Western Construction, LLC
AUI Contractors
CDM Constructors, Inc.
HSR Constructors, Inc.
McCarthy Building Companies, Inc.
Pepper-Lawson Water Works
Sundit Construction
A Selection Committee comprised of Staff evaluated the submitted qualifications with respect to the
published criteria in the Request for Qualifications (RFQ) for firm and team experience using CMAR
contracts, construction at existing, operating water and wastewater plants, and projects of similar
size. The committee ranked the teams based on the qualifications presented and short-listed three
firms: HDR Constructors, Inc., Archer Western Contracting, LLC and McCarthy Building Companies,
I nc.
A Request for Proposals (RFP) for the project was provided to the three shortlisted firms on April 29,
2013. All Proposals were received timely on June 6, 2013.
The same Selection Committee evaluated the submitted proposals against criteria listed in the
Request for Proposals. On June 20, 2013, the three teams were interviewed by the Selection
Committee. Each member of the Selection Committee agreed McCarthy Building Companies, Inc.,
(McCarthy) presented the best qualifications, assembled the strongest team, best understood the
CMAR process and demonstrated an effective project delivery approach for this project. In addition,
McCarthy submitted the lowest up front cost.
M/WBE Office - No MBE goal was applied to the Preconstruction Services Phase of this CMAR
project. However, an overall 20 percent MBE goal was assigned to the Construction Services Phase
and McCarthy Building Companies, Inc., has committed to 20 percent MBE participation on the
overall construction phase services.
In addition to the contract cost, $15,000.00 is included for project management and support services.
The Village Creek Water Reclamation Facility is located in COUNCIL DISTRICT 5, Mapsco 333-F2
and serves ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Sewer Capital Projects Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
P275 541200 701300200980 $95,000.00
Submitted for Citv Manager's Office by_
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
M. Rafalko (8215)
http://apps.cfwnet.org/council pacicet/mc review.asp?ID=19385&councildate=3/4/2014 6/24/2014
M&C Review
ATTACHMENTS
Exhibit A Project Location (2).pdf
Page 3 of 3
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