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HomeMy WebLinkAboutContract 57973 CSC No. 57973 CITY OF FORT WORTH, TEXAS CMAR CONSTRUCTION CONTRACT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 24th day of May A.D.,2022,by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December,A.D. 1924,under the authority(vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City, Linbeck Group, LLC hereinafter called CONTRACTOR, and of the City of Fort Worth , County of Tarrant, State of Texas, hereinafter called OWNER. CONTRACT DOCUMENTS: This Contract, General Conditions, CMAR Scope of Work and Opal* Specificadons (Atraclmrent A�and Plans and Specifications to be added by the Architect at a later date are attached hereto and incorporated herein, are made a part of this Contract for all purposes. If the Contract Documents contain any inconsistency,ambiguity or discrepancy,the following priority shall apply:(1)written modifications/change orders issued after execution of this Contract; (2)this Contract(excluding the General Conditions to this Contract);(3)the General Conditions to this Contract;(4)Attachment A;(5)Plans;and(6)Specifications. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth Future City Hall 100 Energy Way Fort Worth,Texas That the work herein contemplated shall consist of furnishing as an independent contractor all labor,tools,appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifica- tions and Contract Documents adopted by the City Council of the City of Fort Worth,which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(10)days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from,the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof.Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon estimated construction budget amounts shall be a total of not-to-exceed $87,076,188.00. These amounts include the City's General Contingency Allowance (7.5%) for use by the OWNER only, Program Level Contingency of(7.5%)for use by the CMAR only, and any Allowance remaining at the end of construction will be retained by the OWNER. The performance periods in calendar days will be determined when the Guaranteed Maximum Price is agreed upon. Insurance Requirements: OFFICIAL RECORD Future City Hall CITY SECRETARY CMAR FT.WORTH, TX All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon. The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. a. WORKER'S COMPENSATION INSURANCE: ■ Statutory limits. ■ Employer's liability: • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and$2,000,000 aggregate limit. • The insurance shall include, but not be limited to, contingent liability for independent contractors,XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s)of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: Future Cary Hall Page 2 of 36 CMAR Mav 2022 The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance forni or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth, TX 76102,prior to commencement of work on the contracted project. C. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the Owner. g. in lieu of traditional insurance,Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of$25,000,the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of$100,000 Contractor shall provide both Payment and Performance Bonds for the full Future City Hall Page 3 of 36 CMAR Mav 2022 amount of the contract. When the Guaranteed Maximum Prices (GMPs) for Phases I and 11 are agreed upon, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract attributable to each phase. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253,as amended. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated,plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IMMIGRATION NATIONALITY ACT:City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement.Vendor shall complete the Employment Eligibility Verification Form(1-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement.Vendor shall indemnify City from penalties due to Vendor's violations of this provision, but only to the extent of Vendor's negligence or fault. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. Prohibition on Boycotting Energy Companies Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S.,S.B. 13, §2),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more,which will be paid wholly or partly from public funds of the City, with a company(with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, §2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement,by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)does not boycott energy companies; and(2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code(as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1),the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more which will be paid wholly or partly from public funds of the City,with a company (with 10 or more full-time employees)unless the contract contains a written verification from the company that it:(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade Future Cary Hall Page 4 of 36 CMAR Mav 2022 association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms"discriminate,""firearm entity"and"firearm trade association"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2)will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration nww-� � of this contract, including ensuring all By: Dana Burgh doff(A g 11,20 07:59 CDT) performance and reporting requirements. Name: Dana Burghdoff,AICP Title: Assistant City Manager Date: Aug 11, 2022 By: - ,S• 64,v Name: Brian Glass Approval Recommended: Title: City Architect Approved as to Form and Legality: By: Steve 7obke Jug 1,202215:51 CDT) Name: Steve Cooke Title: Director, Property Management Dept. By: Name: John B. Strong Attest: Title: Assistant City Attorney Contract Authorization: M&C: 22-0399 By: JAffiette S.Goodall(Aug 11,2022 09 CDT) Name: Jannette Goodall Aagt�FORr��aa o ` o°00000 Title: City Secretary p��Do°° °�0 Gvo °=d a o d ° *110 OO00000° ,d a�nEXpSoA.� CONTRACTOR: Linbeck Group, LLC a�1 s By: Name: David M. Stueckler Title: President and CEO OFFICIAL RECORD Future City Hall CITY SECRETARY CMAR FT.WORTH, TX Date: Aug 1, 2022 City of Fort Worth, Texas GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION MANAGER-AT-RISK CONTRACT SECTION A: DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties,including but not necessarily limited to,the Contract,General Conditions,Special Conditions,Specifications, Plans,Bonds and all Addenda and Amendments signed by all parties,Change Orders.written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Docmments. After being executed,the Contract Documents can be changed only by a written Amendment,Change Order or Field Order signed by the Construction Manager at Risk rCMAR')and due Owner. A-3 WORK_ By the term"Work"is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in four originals,with all required attachments, including required bonds and insurance certificates, by the CMAR and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of delivery to CMAR. Failure to execute contracts and provide all required bonds and insurance will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK. Before tiling a proposal, the CMAR shall examine carefully the proposal, plans, specifications,special provisions,and the form of contract to be entered into for the work contemplated. ire shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity ofwork to be performed and materials to be furnished. The filing of a proposal by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT. insofar as possible,the Contract Documents will be bound together and executed as a single unified Contract,the intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions,Sections,Articles,or other Subdivisions shall not be binding upon the CMAR in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CMAR,or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent ofthe Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect,CMAR,or any subcontractor or materialman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding. Future City Hall Page 6 of 36 CMAR May 2022 In the event of inconsistency in the contract documents,the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings;Notes and dimensions on Drawings; Technical Specifications,Special Provisions,Supplementary General Conditions,General Conditions,and,Construction Contract. A-9 COPIES OF«'ORKING DRAWINGS AND SPECIFICATIONS. The CMAR will furnish to City three (3) sets of working Drawings;Three(3)sets of Specifications,and one(1)set in electronic format prior to starting work. CMAR shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. A-10 MINORITY AND A170MENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. The City,of Fort Worth Business Equity Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; die specifications indicate die quality and construction procedures required. Work indicated on die drawings and not specified of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be famished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the.Architects approval. A-12 AGE In accordance with the policy("Policy")of the Executive Branch of the federal government,CMAR covenants that neither it nor any of its officers,members,,or employees, while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment;discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. CMAR further covenants that neither it nor its officers,members,or employees,,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory equipment. CMAR warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against ally claims or allegations asserted by third parties against City,but only to the extent arising out ofCMAR's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY:In accordance with the provisions ofthe Americans With Disabilities Actof 1990("ADA"),CMAR warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of CMAR.CMAR warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against claims or allegations asserted by third parties or subcontractors against City, but only to the extent arising out of CMAR's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. A-14 CMAR's enforcement.and CMAR's warranty and covenant,as to its subcontractors complying with the requirements of Sections A-12 and A-13 shall consist ofCMAR including in the subcontracts a provision requiring that the subcontractors comply with the requirements of sections A-12 and A-13 SECTION B: IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to practice architecture identified as such in the,Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. B-2 DUTIES OF THE ARCHITECT. As used herein,the term Architect means the Architect or his authorized representative.Nothing contained in these Contract Documents shall create any privily of contract between the Architect and the CMAR. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER. The Architect will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the CMAR at all reasonable times. B-4 ACCESS TO JOB SITES. The.Architect shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against detects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's applications for payments,the Architect will make determinations and recommendations concerning the amounts owing to the CMAR and wil I issue certificates for payment amounts. Future City Hall Page 7 of 36 CMAR Mav 2022 B-5 INTERPRETATIONS. The Architect will be,in the first instance,the interpreter ofthe requirements ofthe Plans and Specifications and the judge of the performance thereunder by the CMAR,subject to die final decision of the Owner. The.Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever,in its reasonable opinion,the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the CMAR to stop the Work or any portion thereof,or to require special inspection or testing ofthc Work whether or not such Work be then fabricated;installed or completed. B-7 MISCELLANEOUS DUTIES OF ARCHITECT. Shop Drawings. The Architect will review Shop Drawings and Samples as provided in Section D. The Architect will provide two copies of each approved Shop Drawing and submittal to the Owner. Change Orders Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner through the Architect in accordance with die provisions of Section L. Guarantees. The Architect will receive on behalf of the Owner all written guarantees and related documents rcquimd of the CMAR. Upon completion of die project die CMAR shall provide the Architect five copies of each guarantee. The Architect will provide three copies of each guarantee to the Owner. Inspections The Architect will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Operation and Maintenance Manuals The Architect will receive on behalf of die Owner, one digital copy and two hard copies of all applicable equipment installation,operation,and maintenance brochures and manuals required of the CMAR. The Architect will provide this information to the Owner. B-8 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner,the Owner shall either assume the duties of the Architect through the Director of the Property Management Department,or shall I appoint a successor Architect against whom the CMAR makes no reasonable objection. SECTION C: OWNER C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager,the Director of the Property Management Department,and members of the Facilities Management Division. Generally speaking a designated representative will be identified from within the Facilities Division to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided,however,that the CMAR hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only,are not binding upon the Owner,and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the CMAR in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the CMAR. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the CMAR through the Architect. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and the.Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine ifthe work is proceeding in accordance with the Contract documents. On the basis ofon-site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will approve and authorize the CMAR's applications for payments. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and Specifications. Whenever,in its reasonable opinion,the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Owner wiI I have authority to require the CMAR to stop the work or any portion thereof,or to require the CMAR to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and Architect that the Work is substantially complete,die Owner will schedule a Substantial Completion Inspection to be conducted by the.Architect and attended by representatives of the Architect,Owner and CMAR.items identified during this inspection as being incomplete,detective or deficient shall be incorporated into a punch list to be prepared by the ,Architect and attached to the AIA document G704,which is to be prepared and signed by the CMAR, and accepted, approved and signed by the Owner. Future City Hall Page 8 of 36 CMAR Mav 2022 C-8 RIGHT TO AUDIT: CMAR agrees drat tie City shall,until fire expiration of three years after final payment wider this contract,have access to and tie right to examine any directly pertinent books,documents_papers and records of the CMAR involving transactions relating to this contract. CMAR further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books,documents, papers and records of such subcontractor,involving transactions to the subcontract.The term"subcontract"as used herein includes purchase orders. CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of copies at the rate published in the Texas Administrative Code. SECTION D: CONSTRUCTION MANAGER AT RISK (CMAR) D-1 IDENTIFICATION. The Construction Manager at Risk(`CHAR")is fire person or organization identified as such in the Contract. The term CMAR means the Contractor or his authorized representative. The term Contractor is synonymous with CMAR in his performance of the construction portion of the Project. The duties of the CMAR are as follows: CMAR shall work with the Architect prior to construction to analyze the Architect's design,including the Plans and Specifications,to ensure the feasibility and constructability of the Project design,and to assist in bringing the estimated construction cost of the Project within the Construction Budget through value engineering,the selection of building systems and materials,cost estimating,schedul ing,and other means,without adversely affecting the capacity and qua]ity of the Project,and 2. The CMAR will propose a Guaranteed Maximum Price(GMP")for the construction of the Project,which is within the Construction Budget,after or during completion of the pre-construction services. 3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of subcontractors and prompt payment to the subcontractors. D-2 INDEPENDENT CONTRACTOR.Contractor shall perform all work and services hereunder as an independent contractor,not as an officer,agent,or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts and omissions of its officers, agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,its officers, agents and employees,and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the prior written consent of the Director of Property Management Deparmic t of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of die Contract,Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error,inconsistency or omission he may discover.CMAR shall do no work without Drawings,Specifications and Interpretations. D-5 SUPERVISION. CMAR shall supervise and direct the Work,using its best skill and attention.It shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted,CMAR shall provide and pay for all labor,materials,equipment, tools,construction equipment and machinery,water,heat,utilities,transportation and other facilities and services necessary for the proper execution and completion of the Work. CMAR will use its reasonable best efforts to hire or contract with local laborers,workmen and materiahrten.This general condition is not to be construed as limiting die right of the CMAR to employ laborers,workmen or materialmen from outside local area. CMAR shall at all times enforce strict discipline and good order among its employees,and shall not employ any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. CMAR agrees to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed,and not less than die general prevailing wage of per diem wages for a legal holiday and overtime work to all laborers,workmen and mechanics employed on the Work under this Contract.CMAR agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof die same as if it were copies verbatim herein. D-8 WARRANTY. CMAR warrants to the Owner and the Architect that all materials and equipment furnished under this Contract wil I be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so confornung to these standards may be considered defective. If required by the Architect or the Owner,CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warrathty or remedy provided by law or the Contract Documents. Future City Hall Page 9 of 36 CMAR Mav 2022 D-8.1 Notvvithstanding any other provisions in the Contract Documents,CMAR does not warrant the performance or suitability of the materials or equipment specified by Owner,Architect,Engineer,or Owner's design and engineering consultants.CMAR's warranty is not transferable and cannot be assigned. D-9 TAXES. CMAR is exempt from State Sales Tax on material incorporated into the finished construction,kxcise and Use Tax. D-10 LICENSES.NOTICES AND FEES. CMAR shall obtain all Permits,Licenses,Certificates,and Inspections,whether permanent or temporary;required bylaw or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. It is the responsibility ofthe contractor to ensure all permits are kept active and do not expire.The contractor will be responsible for any reinstatement fees due to expired permits. CMAR shall give all notices and comply with all laws,ordinances,rules,regulations and orders of any public authority hearing on the performance ofthc Work.If the Contractor observes or becomes aware that any ofthc Contract Documents arc at variance with any such laws,ordinances,rules; regulations and orders in any respect,it shall promptly notify the Architect in writing and any necessary changes will be made.If the Contractor performs any work knowing that it is in violation of,or contrary to, any of such Laws, Statutes,Charter,Ordinances, Orders or Directives,or Regulations without furnishing Notice to the Architect,CMAR will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH ALLOWANCES. CMAR shall include in the Contract Sum all allowances stated in the Contract Documents.These allowances shall cover the net cost ofthc materials and equipment delivered and unloaded at the site,and all applicable taxes.CMAR's handling costs on the site,labor,installation costs,overhead,profit and other expenses contemplated for the original allowance shall be included in the GMP and not in the allowance.CMAR shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct,but it will not be required to employ persons against whom he makes a reasonable objection.If the cost,when determined,is more than or less than the allowance,the GMP shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor, installation costs,field overhead,profit and other direct expenses or savings resulting to the CMAR from any increase or decrease in the original allowance. D-12 SUPERINTENDENT. CMAR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress ofthe Work.The superintendent shall be satisfactory to the Owner.The superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the CMAR.Important coninium cations will be confirmed in writing.Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the Owner for the acts and omissions of all his employees and all Subcontractors,their agents and employees,and all other persons performing any of the Work under a contract with the CMAR. D-14 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning ofthc intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,and if,in the completion thereof,the cost to the City shall exceed the contract price or prices set forth in the plans and specifications made a part hereof,the CMAR and/or its Surety shall pay said City on demand in writing,setting forth and specifying an itemized statement ofthe total cost thereof,said excess cost. D-15 PROGRESS SCHEDULE. CMAR,immediately after execution of the contract,shall prepare and submit for the At approval, an estimated progress schedule for the Work.The progress schedule shall be related to the entire Project.This schedule shall indicate the dates for the starting and completion of the various states of construction and shal I be revised as required by the conditions of the Work, subject to the Architect's approval.It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. CMAR shall update the progress schedule monthly and submit to the Architect for approval with the CMAR's monthly progress payment requests. D-16 DRANYINGS AND SPECIFICATIONS AT THE SITE. The CMAR shal I maintain at the site for the Owner one copy ofalI Drawings, Specifications,Addenda,approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings,diagrams,illustrations,schedules,performance charts,brochures and other data which are prepared by the Contractor or any Subcontractor,manufacturer,supplier or distributor,and which illustrate some portion ofthe Work. Samples are physical examples furnished by the CMAR to illustrate materials,equipment or workmanship,and to establish standards by which the Work will be judged. The CMAR shall review,stamp with its approval and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments.Shop Drawings and Samples shal I be properly identified as specified,or as the Architect may require.At the time of submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements ofthe Contract Documents. Future City Hall Page 10 of 36 CMAR Mav 2022 By approving and submitting Shop Drawings and Samples,the CMAR thereby represents that it has determined and verified all field measurements, field construction criteria, materials,catalog numbers and similar data,and that it has checked and coordinated each shop drawing given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The.Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,but only for conformance with the design concept of the Project and with the information given in die Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any deviation from the requirements of the Contract Documents unless the CMAR has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval of the shop drawings shall not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of fire Work requiring a Shop Drawing or Sample submission shall be conurrenced until fire Architect has approved fire submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE. The CMAR shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance ofthe work by the City Counci I ofthe City of Fon Worth,the entire site of the Work shall be under the exclusive control,care and responsibility ofthe CMAR.CMAR shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The CMAR shall rebuild,repair; restore and make good at its own expense all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-22 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of its Work that may require to make its several parts tit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-23 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion ofthe Work it shall remove all its waste materials and rubbish from and about the Project as well as all its tools,construction equipment,machinery and surplus materials, and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean',CMAR shall clean all glass,replace any broken glass,remove stains,spots, marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor tails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. D-24 COMMUNICATIONS. As a general rule,the CMAR shall forward all communications to the Owner through the Architect,and in all other instances the CMAR shall furnish the Architect a copy of any communication sent directly to the Owner. SECTION E: SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any ofthe work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract,Documents shall create any contractual relation between the Owner and the.Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS.The CMAR shall comply with all requirements of Section 271.1 IS and Chapter 252,Texas Local Government Code,in advertising and awarding contracts to subcontractors. Owner shall comply with the requirements of Section of 27 1.1 1 S j), Texas Local Government Code. CMAR must publicly advertise and solicit competitive bids or competitive scaled proposals for all major elements of work other than General Conditions. To Self-Pertonn work,the CMAR must submit a bid or proposal in same manner as trade subcontractors and subcontractors. The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the CMAR and the Subcontractor(and where appropriate between Subcontractors and Sub-subcontractors)which shall contain provisions that: I. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. require that such Work be performed in accordance with the requirements ofthe Contract Documents, Future City Hall Page 11 of 36 CMAR Mav 2022 3. require submission to the CMAR of applications for payment tinder each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of die Work shall be submitted to the CMAR(via any Subcontractor or Sub-subcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the CMAR upon the Owner, 5. waive all rights die contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. obligate each Subcontractor specifically to consent to the provisions ofthis Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND R'OMENS BUSINESS ENTERPRISE(M/WBEI The City will consider the CMAR's performance on other City Projects regarding its M/WBE program in the evaluation of bids.Failure to comply with the City's M/WBE program,or to demonstrate a"good faith effort",shall result in a bid being considered irresponsible. Upon request,CMAR must provide fire City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and proof of paymcnt thereof. CMAR further agrees to permit an audit and/or examination of any books,records or files in it's possession that will substantiate the actual work performed by an M/WBE.The misrepresentation of acts(other than a negligent misrepresentation)and/or the commission of fraud by die CMAR will be grounds for termination of die contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement.Further any such misrepresentation(other than a negligent misrepresentation)and/or commission of fraud will result on the CMAR being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to execution of the contract. CMAR shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office. The CMAR may count any tier subcontractors and/or suppliers toward meeting the goals. The CMAR may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified by either the North Central Texas Regional Certification Agency or by Texas Department of Transportation,Highway Division prior to the award of the Contract. Whenever a change order affects the work of an M/WBE subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order is in excess of 10%of the original contract,the M/WBE coordinator shall determine the goals applicable to the work to be performed under die change order. During the term of the contract the CMAR shall: I. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid,and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the CMAR had represented he would perform with his forces,the CMAR shall notify the City before subcontracts or purchase orders are let,and shall be required to comply with modifications to goals as determined by the City,and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,if the CMAR desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: I. Failure of subcontractor to provide evidence of coverage by Workers'Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract torn in the amount of the proposal used by the CMAR in preparing his M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. Other reasons at the discretion of the M/WBE Coordinator Before final payment from the City,die CMAR shall provide die M/WBE Office with documentation to reflect final participation of each M/WBE subcontractor and supplier used on the project. Upon verification by the M/WBE Office that the CMAR has fulfilled it's the M/WBE goal commitment with bond fide M/WBEs performing commercially useful functions,a recommendation will be made to the Director,Transportation and Public Works that no reduction in fee should be withheld from the final payment. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor,upon receipt of payment from the Owner,an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work.The CMAR shall also require each Subcontractor to make similar payments to his subcontractors. Future City Hall Page 12 of 36 CMAR Mav 2022 Iftlic Architect refuses to issue a Certificate for Payment for any cause which is the fault oftlic CMAR and not the fault of a particular subcontractor, the CMAR shall pay that Subcontractor on demand,made at any time after fire Certificate for Payment would otherwise have been issued,for his Work to the extent completed,less the retained percentage. The CMAR shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and he shall require each Subcontractor to make similar payments to his Subcontractors. The Architect may,on request and at its discretion,furnish to any Subcontractor,if practicable;information regarding percentages of completion certified to the CMAR on account of Work done by such Subcontractors. Neither lire Owner nor lire Architect shall have any obligation to pay or to see to fire payment of any monies to any Subcontractor. SECTION F: SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work,"the Contractor"in fire Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The CMAR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution oftheir work,and shall properly connect and coordinate his work with theirs. If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractor,the CMAR shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of fire CMAR to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work,except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the CMAR cause damage to die work or property of any separate contractor on the site,die CMAR shall,upon due notice,settle with such other contractor by agreement,if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained,the Owner shall notify the CMAR who shall defend against such suit at the Contractor's expense,and if any judgment against the Owner arises therefrom,the CMAR shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees,court costs and expenses which the Ovimer has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting,fitting or patching of lus Work that may be required to tit it to receive or be received by the work of other contractors shown in the Contract Documents.The CMAR shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore. F-4 OWNER'S RIGHT TO CLEAN CP. If a dispute arises between the separate contractors as to their responsibility for cleaning up,the Owner may cleanup and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G: MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The Contractor must familiarize himself and strictly comply with all Federal, State,and County and City Laws,Statutes,Charter,Ordinances,Regulations,or Directives controlling the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS AND VENUE. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County,Texas and contracts consents to such jurisdiction. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the Owner herein; the officers,agents and employees of the City of Fort Worth are engaged in the performrance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. CMAR agrees to comply with all laws,Federal,state and local,including all ordinances,rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. CMAR and any subcontractors are responsible for obtaining construction permits from the governing agencies. CMAR shall schedule all code inspections with the Code inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water and sewer access fees and impact fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. Future City Hall Page 13 of 36 CMAR Mav 2022 G-5 INDEMNIFICATION: CMAR covenants and agrees to indemnity, hold harmless and defend, at its own expense, the Owner, its officers,servants and employees,from and against any and all claims or suits for property loss,property damage,personal injury,including death; arising out of,or alleged to arise out of,the work and services to be performed hereunder by CMAR,its officers,agents,employees,subcontractors, licensees or invitees,whether or not any such injury,damage or death is caused,in whole or in part,by the negligence or alleged negligenee of Owner,its officers,servants,or emmloyees. CMAR likewise covenants and agrees to indemnity and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage,loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not any such iniury or damage is caused in whole or in part by the neelieence or alleeed neelkence of Owner,its officers,servants or employees. In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment,final payment shall not be made until CMAR either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from lire claimant involved,or (b)provides Owner with a letter from CMAR's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may,if he deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a CMAR against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to fire benefit of the parties hereto,their Successors or Assigns.CMAR shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-S SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of$25,000. CMAR agrees,on the execution of the contract to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of die terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work,such bonds being as provided and required in Chapter 2253,Texas Government Code. Bonds shall be made on the tones furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety Company shall properly execute each bond. If the total contract price is$25,000 or less,payment to the contractor shall be made in one lump sum.Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. If the contract amount is in excess of$25,000,a Payment Bond shall be executed,in the amount of fire contract,solely for the protection of all claimants supplying labor and material in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in die amount of die contract conditioned on the faithful performance of die work in accordance with die plans,specifications,and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. In order for a surety to be acceptable to the Owner;the surety must(1)hold a certificate of authority from the United States secretary of the treasury to quality as a surety on obligations permitted or required under federal law,or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authoritv from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner, in its sole discretion,will determine the adequacy of the proof required herein. No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner,notice will be given to the CMAR to that effect and die CMAR shall immediately provide a new surety satisfactory to die Owner G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. ifthe CMAR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have,enter the site and make good such deficiencies.In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies,including the cost ofthe Architect's additional services made necessary by such default, neglect or failure.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR or its surety shall pay the difference to the Owner. G-ill ROYALTIES AND PATENTS. The CMAR shall pay all royalties and license fees.He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified,however,if the CMAR has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Architect. G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall I perform the work under this Contract with a minimum of outage time for all utilities.Interruption shall be by approved sections of the utility.in some cases,the CMAR may be required to perform the work white the existing utility is in service.The existing utility service may be interrupted only when approved by the Owner.When it is necessary Future City Hall Page 14 of 36 CMAR Mav 2022 to interrupt the existing utilities,the CMAR shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at fire time desired by fire CMAR. In such cases,die interruption may have to be scheduled at a time of nimimum requirements of demand for the utility.The amount of time requcsted by the CMAR of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings,Specifications,and existing conditions shall be referred to Architect for adjustment before work aftected is performed.Failure to make such notification shall place responsibility upon CMAR to carry outwork in satisfactory workmanlike manner at the CMAR's sole expense. The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the CMAR shall carefully compare and check all Architectural, Structural,Mechanical an Electrical drawings;each with the other that in any aftects the locations or elevation of the work to be executed by him,and should any discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the CMAR's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,die CMAR shall verity all measurements at fire site or at die building and shall be wholly responsible for the correctness of samc. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved,replaced or protected;as required,whether or not shown or specified at the CMAR's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines shown on the Drawings are based on the best available sources,but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the CMAR to make certain in the installation of jointed floor,wall and ceiling materials that: I. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers, light fixtures,equipment,etc. If because ofthe non-related sizes ofthe various materials and locations of openings,etc.,it is not possible to accomplish the above,the CMAR shall request the Architect to determine the most satisfactory arrangement.The CMAR shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages. CMAR's operations shall be confined to the immediate vicinity ofthe new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the CMAR not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost to the Owner. G-18. HAZARDOUS MATERIAL CERTIFICATION: it is the intent ofthe contract documents,whether expressly stated or not,that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. CMAR shall exercise every reasonable precaution to ensure that hazardous materials are not incorporated into any portion of the project,including advising all materials suppliers and subcontractors of this requirement. The CMAR shal I verity that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment,piping,ductwork,etc. are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The CMAR will be held responsible for the relocating of any items without first obtaining the Architect's approval.He shall remove and relocate such items at his own expense if so directed by the Architect.Where possible,uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,machinery or any other item thereon.No loads shall be placed on floors or roots before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials,products,processes,equipment, or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer ofthe material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. Future City Hall Page 15 of 36 CMAR Mav 2022 G-22 CLEANING UP.The CMAR shall keep the premises free from accumulation ofwastc material or rubbish caused by employees, its subcontractors or as a result of the work. At completion of work,the CMAR shall,immediately prior to final inspection of complcte building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary,and all temporary labels,tags,and paper coverings removed throughout die buildings.Surfaces that are waxed shall be polished. S. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty,paint materials,etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by CMAR. 10. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall he taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during die construction period.If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be scattered on adjacent property. Suitable Storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises. The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING Wherever cutting and removal ofportions ofthe existing work is indicated,such work shall be neatly sawed or cut by CMAR in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the.Architect. G-26 PROJECT CLOSEOUT. Final inspection,Record Drawings:Attention is called to General Conditions Section I entitled,"Payments and Completion." Maintenance Manual: Sheets shall be 8 %°'x I V,except pull out sheets may be neatly folded to 8 %''x 11".Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions,name,address,and telephone number of installing CMAR,manufacturer's local representative,for each piece of operative equipment. Future Ciry Hall Page 16 of 36 CMAR Mav 2022 3) Catalog data on plumbing fixtures,valves,water heaters,heating and cooling equipment,temperature control,fan,electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name,type,and color designation for resilient floors,windows,doors,concrete block,paint,roofing,other materials. Submit two electronic and 1 hard copy Maintenance Manual,prior to request for final payment. Operational Inspection and Maintenance Instruction: The CMAR shall provide at its expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial startup. After all systems are functioning properly the representatives shall instruct maintenance personnel of lire Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project,prior to final payment;guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the CMAR to Architect. Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. The CMAR shall guarantee die entire Project for one year. In addition,where separate guarantees,for certain portions of work, are for longer periods,CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest. CMAR agrees to warrant its work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the CMAR shall warrant all work materials,and equipment against defects for aperiod ofone year from the date offinal acceptance. CMAR furthcr agrees to bear all costs ofmaking good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the CMAR,the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character ofthe work from the entire work indicated or specified are perntted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes,legends and details which may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate, in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At die CMAR's option,it may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY, STORAGE, HANDLING. CMAR shall handle, store and protect materials and products, including fabricated components,by methods and means which will prevent damage,deterioration and loss,including theft(and resulting delays),thereby ensuring highest quality results as the work progresses.Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL.OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE:Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered.CMAR shall intone the City of any substitutions intended for the project within 5 business days of execution ofthe contract. Failure to inform the City of substitute projects will obligate the CMAR to provide the specified material.Within 14 days after execution of the contract and upon request of the architect or contractor,the CMAR will submit a frill sized sample and/or detailed information as required allowing the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as`no substitute accepted",the City will accept no alternates to the specified equipment. SECTION H: CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period oftime allotted in the Contract Documents for completion ofthe Work. The date of commencement ofthe Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be the date ofthe Agreement or such other date as may be established therein. The Date of Substantial Completion ofthe Work or designated portion thereof is the Date certified by the Architect with the approval ofthe Owner that construction is sufficiently complete,in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by Owner,and no other form of acceptance will be binding upon the Owner. Future City Hall Page 17 of 36 CMAR Mav 2022 A calendar day constitutes 24 hours oftime and is any one oftlie seven days of a week,including Sunday,regardless of whether a"Working Dav" or not,and regardless of weadrer conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of timc will be as recommended by the Architect with final approval by City of Fort Worth. A working day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not under the control ofthe Contractor permit the performance of work for a continuous period of not less than seven hours betwccn 7:00 a.m.and 6:00 p.m. I lowcver,nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires.Should the Contractor choose to work on Saturdays,one day will be charged as contract-working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day,Martin Luther King Day, Independence Day,Labor Day, Thanksgiving Day,the day After Thanksgiving Christmas Day,and Memorial Day.If Christmas Day or New Year's Day falls on a Saturday,the preceding Friday is a legal holiday. If Christmas Day or New Year's Day falls on a Sunday,the following Monday will be a legal holiday. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents arc of essence to the Contract. CMAR shall begin the Work on the date of commencement as defined in this Section and carry the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the commencement or progress ofthe Work by(1) any actor neglect ofthe Owner or the Architect,or by any employee or consultant ofthe Owncr or Architect,or by any separate contractor employed by the Owner, (2)by changes ordered in the Work, (3)by acts of God,war,rebellion,strikes or lockouts,epidemic,pandemic or health crisis (whether arising from existing or unknown pathogens/contagions,including without limitation COVID-19),landslide,lightning,earthquake,labor disputes,fire,delay in deliveries or transportation,inability to secure any required consent,approval,or permit for the Work;unavoidable casualties, adverse weather conditions in accordance with Section H-4,or any other causes beyond the CMAR's control,(4)by delay authorized by Owner pending mediation and binding dispute resolution,or(5)acts,omissions,or decisions of government authorities with jurisdiction over the Project, then the Contract Time shall be extended and the Contract Sum shall be increased by Change Order only for such corresponding reasonable time When the CMAR is delayed due to abnormal weather conditions,the Fort Worth Weather Table provided in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the. All claims for extension of time shall be made in writing to the Architect no more than thirty days after the occurrence ofthe delay,otherwise they shall be waived. Ifno schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable_ H-4 'NYEATHER. The Fort Worth Weather Table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather,it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for the contract duration,the contract period will be adjusted by Change Order. H-5 NO DAMAGE FOR DELAY. Notwithstanding anything to the contrary contained herein,the CMAR shall never be entitled to any compensation or damages for delay of any nature. In that regard,the CMAR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CMAR is caused by the failure ofthe Owner to provide information or material. if any,which is to be furnished by the Owner. When such extra compensation is claimed a written statement thereof shall be presented by the CMAR to the ,Architect and if found to be correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. if delay is caused by specific orders given by the Architect or Owner to stop work,or by the performance of extra work,or by the failure ofthe Owner to provide material or necessary instructions for carrying on the work,then such delay will entitle the CMAR to an equivalent extension of time,his application for which shall,however,be subject to the approval of the Owner and no such extension of time shal I release the CMAR or the surety on its performance bond from all his obligations here under which shall remain in full force until the discharge ofthe contract. SECTION is PAYMENTS AND COMPLETION 1-1 GAURANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price (`'GMP") as stated in the Contract Documents is the maximum amount potentially payable by the Owner to the CMAR for the construction of the Work. The Contractor will be reimbursed for the actual cost for the construction including burdens up to the amount of the GMP.He wil I also be paid a management fee according to the following schedule: a. 20%of fee upon execution of the CMAR Agreement. b. 50%ofthe fee during construction in proportion to the value of work completed. C. Up to 30%ofthe fee upon acceptance ofwork and issuance of Certificate of Occupation. The amount ofthe fee authorized for payment will be in proportion to the percentage of contracted Business Equity participation realized during the project. 1-2 SCHEDULE OF VALUES. Before the first Applicable for Payment for construction, the CMAR shall submit to the Architect a Schedule of Values ofthe various portions ofthe Work,including quantities if required by the Architect,aggregating the total expected construction cost or current GMP whichever is less,divided so as to facilitate payments to Subcontractors,prepared in such torn as specified or as the Architect and the CMAR may agree upon,and supported by such data to substantiate its correctness as the Architect may require.Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the CMAR's Applications for Payment. Future City Hall Page IS of36 CMAR Mav 2022 I-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the CMAR will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and die value thereof at die prices contracted for as shown on die approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse, such payments shall be conditioned upon submission by the CMAR of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. CMAR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether incorporated into the Project or not,will pass to the Owner upon the receipt of such payment by the CMAR,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens";and that no Work,materials or equipment covered by an Application for Payment will have been acquired by the CMAR,or by any other persons performing the Work at the site or furnishing materials and equipment for the Work,subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. CMAR shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment",and attached thereto AIA Document 6703,`-Continuation Slheet",to indicate the progress made to date and fire period or month for which payment is requested for each Item listed in the Schedule of Values. A copy ofthe revised monthly work progress schedule must be attached before the pay request can be accepted. I-4 CERTIFICATES FOR PAYMENT. If die CMAR has made Application for Payment,the Architect will,with reasonable promptness but not more than seven days after the receipt ofthe Application,prepare a Certificate of Payment,with a copy to the CMAR, for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner,based on the Architect's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated,that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion,to die results of any subsequent tests required by die Contract Documents,to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate),and recommendations to the Owner that the CMAR be paid in the amount certified.in addition,the Architect's approval of final payment assures die Owner drat die conditions precedent to die CMAR being entitled to final payment as set forth in this Section have been fulfilled. After die Architect has issued a Certificate for Payment,the Owner shall approve or disapprove it within ten days after it has been delivered to the Director ofthe Property Management Department.For contracts less than$400,000,Owner shall pay 90%ofthe approved estimate to the Contractor within seven days after its approval,and the remaining 10%of each such estimate wil I be retained by the Owner until Substantial Completion.For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion. No Certificate for Payment,nor any progress payment,nor any partial or entire use or occupancy ofthc Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the Contractor of liability and responsibility in respect to any warranties or responsibility for faulty materials or workmanship.CMAR shall promptly remedy any defects in the Work and pay for any damage to other work resulting there from that shall appear within a period of one year from the date of final acceptance ofthe Work unless a longer period is specified. I-5 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or,because of subsequently discovered evidence or subsequent inspections,may nullity the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied, 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the CMAR to snake payments properly to Subcontractors,or for labor,materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance ofthe Contract Sum, 5) Damage to another contractor, 6) Reasonable indication drat the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution ofthe Work by the CMAR. When such grounds for the refusal of payment are removed,payment shall be made for amounts withheld because of them,without payment of interest.The Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the CMAR fails to perform the Work in accordance with the specifications or instructions ofthe Architect. 1-6 LIQUIDATED DAMAGES: CMAR and Owner agree that the following Liquidated Damages are reasonable with respect to the damages that Owner will sustain ifthe Project is not completed within the Contract Time. The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 Future City Hall Page 19 of 36 CMAR Mav 2022 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to $t,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 Over$10,000,000 $980 I-7 FAILURE OF PAYMENT If,without fault on the part of the CMAR,the Architect should fail to issue any Certificate for Payment within seven days after receipt ofthe CMAR's Application for Payment,if the CMAR's Application for Payment,or if,without fault on the part of the CMAR,the Owner should fail to approve such estimate or to pay to the CMAR 90%or 95%(as applicable)ofthe amount th creof within the period of time specified,then lire CMAR may,upon seven(7)days additional written notice to lire Owner and to the Arcli[cc[,stop the Work until payment of the amount owing has been received. I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment, the CMAR must meet all provisions for Project Closeout. When die CMAR determines that die Work is substantially complete, die City shall inspect die project with die CMAR and die contractor will prepare a"Preliminary Punch List". When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,he Chen will prepare a Certificate of Substantial Completion(6704)which,when approved by the Owner,shal I allow the CMAR to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities ofthe Owner and the CMAR for maintenance,heat,utilities,and insurance,shall set forth the remaining work as a"final punch list'.The CMAR shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued,the rctainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fart Worth;the retainage may be reduced to 2.5%. Should the CMAR fail to complete all contractual requirements ofthe contract,including submittals and final pay request within the fixed time, the contract time will again commence. Should die CMAR fail to complete the work within die contract duration,liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct ajoint inspection and certify completion of the final punch list by cosigning it with the CMAR. The CMAR shall submit the following items to the City prior to requesting final payment: I) CMARs Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) CMAR-s Affidavit of Release ofLiens(G706A),and, 4) Other data establishing payment or satisfaction of al I such obligations,such as receipts,releases,and waivers of liens arising out ofthe Contract,to the extent and in such form as may be designated by the Owner. 5) CMAR's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor,materialman or laborer refuses to tarnish a Contractor's Affidavit of Release of Liens,the CMAR may,at the election ofthe Oamer,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be asserted by such Subcontractor, matcrialman or laborer.If any such right,claim or lien remains unsatisfied after all payments are made.The CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right;claim or lien,including all costs and reasonable attorney's fees. The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims by the CMAR except those previously made in writing and still unsettled. The CMAR's one-year warranty will commence upon final acceptance ofthe Project by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. I-9 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J: PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.CMAR shall designate a responsible member of its organization at the site whose duty Future City Hall Page 20 of 36 CMAR Mav 2022 shall be the prevention of accidents.This person shall be the CMAR's superintendent unless otherwise designated in writing by the CMAR to the A rch itect. J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) all employees on the Work and all other persons who may be affected thereby; (2) all the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site,under the care, custody or control ofthc Contractor or any ofhis Subcontractors or Sub-contractors,and (3) other properly at die site or adjacenl thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. Until final acceptance of the Work,it shall be under the charge and care of the CMAR,who shall take every precaution against injury or damage to the Work by the action oftlhe elements or from any other cause whatsoever,whether arising from the execution or from the non-execution ofthe Work.CMAR shall rebuild,repair,restore and make good,at its own expense,all injuries or damages to any portion of the Work occasioned by any of die above,caused before its completion and acceptance. CMAR shall comply with all applicable Laws,Ordinances,Rules,Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss.He shall erect and maintain,as required by existing conditions and progress of the Work,all reasonable sateguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR,any Subcontractor,or anyone directly or indirectly employed by any ofthem,or by anyone for whose acts any ofthem may be liable,shall be remedied by the CMAR. The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each contractor,employee and visitor at any construction site included in the Contract will be required to wear a hard hat.The CMAR shall enforce the wearing of hard hats by CMAR,employees and visitors.CMAR shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,CMAR shall act at his discretion to prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the CMAR on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES.CMAR shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen,City employees and the public. CMAR shall keep the premise free at all times from accumulation of waste materials or rubbish,refer to D-23. J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the CMAR shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal,the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K: INSURANCE K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth,nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance ofthe Subcontractor has been so obtained and approved. K-2 Workers'Compensation Insurance: I) General a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section. b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the Owner(City). c) By signing this contract or providing or causing to be provided a certificate of coverage,the CMAR is representing to the City that all employees of the CMAR who wil I provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage Future City Hall Page 21 of 36 CMAR May 2022 agreements will be tiled with the appropriate insurance carrier or,in the case of a self insured,with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CMAR to administrative penalties,criminal penalties,civil penalties or other civil actions. d) The CMAR's failure to comply with anv of these provisions is a breach of contract by the CMAR which entitles the City to decl are the contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the CMAR's/person's work on the project has been completed and accepted by die City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities perfonning all or part of the services the CMAR has undertaken to perform on the project,regardless of whether that person contracted directly with the CMAR and regardless ofwhcther that person has employees. This includes,without limitation,independent contractors,subcontractors,[casing companies,motor carriers,owner-operators,employees ofany such entity,or employees ofany entity which furnishes persons to provide services on the project. "Services" include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The CMAR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CMAR providing services ofthe project,for the duration of the project. b) The CMAR mast provide a certificate of coverage to the Architect prior to the execution of the contract. c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project,the CMAR must, prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The CMAR shall obtain from each person providing services on a project,and provide to the City: i) a certificate of coverage,prior to that person beginning work on the project,so the govermnental entity will have on file certificates of coverage showing coverage for all persons providing services on the project,and it) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The CMAR shal I retain al I required certificates of coverage for the duration of the project and for one year thereafter. f) The CMAR shal I notify the City in writing by certified mail or personal delivery,within ten(10)days after the CMAR knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. g) The CMAR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission,informing al persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. h) The CMAR shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage,based on proper reporting on the classification codes and payrol I amounts and fit ing of any coverage agreements, which meets the statutory requirements of Texas labor Code,Section 401.01 1(44)for all of its employees providing services on the project,for the duration of the project: it) provide to the CMAR,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project, iii) provide the CMAR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project, iv) obtain from each other person with whom it contracts,and provide to the CMAR: (1) a certificate of coverage,prior to the other person beginning work on the project,and (2) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,ifthe coverage period shown on the current certificate of coverage ends during the duration of the project, v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known, of any change that materially affects the provision of coverage ofany person providing services on the project,and vii) contractually require each person with whom it contracts,to perform as required by paragraphs h-i)-vii),with the certificates of coverage to be provided to the person for whom they are providing services. Future City Hall Page 22 of 36 CMAR Mav 2022 4) Posting of Required Worker's Compensation Coverage. a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as all employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verity whether your employer has provided the required coverage,or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE. CMAR shall procure and maintain during the term of this Contract such Liability Insurance as shall protect hint,Owner and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident,or reasonably equivalent split limits for bodily injury and property damage.Coverage shall be on"any auto"including leased,hired,owned,non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence.Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office(ISO)policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials,the Contractor, or subcontractor performing the removal,shall be required to maintain Asbestos.Abatement Liability Insurance as follows: $1,000,000 per occurrence,$2,000,000 aggregate limit. The coverage shall include any pollution exposure,including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the negotiated contract,the CMAR shall procure,pay for and maintain at all times during the term of this Contract, Builder's Risk insurance against the perils of tire, lightning,windstorm, hurricane, hail,riot,explosion, civic commotion, smoke,aircraft, land vehicles,vandalism,and malicious mischict,at a limit equal to 100%of the GMP. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site.If specifically required in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. The City must approve different sub-limits for these coverages. Consequential damage due to faulty workmanship and/or design performed by the CMAR or his agents shall be covered. Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE.The CMAR shall provide a certificate of insurance documenting the City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the CMAR's insurance as doctunented on the certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents and/or insurers for the CMAR's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be added as an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by CMAR and its subcontractor(s),if applicable,shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financi al strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VlL as stated in current edition of A.M.Best's Key Rating Guide. At the City's sole discretion,the City may accept a less favorable rate. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding$10,000 require prior written approval of the City of Fort Worth as respects this Contract. Future City Hall Page 23 of 36 CMAR Mav 2022 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract.A 10 day notice for failure to pay premium is acceptable. 6) Full limits of insurance shall be available for claims arising out ofthis Contract with the City ofFort Worth. 7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.Any failure on part ofthe City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City ofFort Worth shall be entitled,upon request andwithout incurring expense,to reviewthe insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in atimely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) CMAR agrees to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L: CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner,without invalidating the Contract,may order Changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the GMP and the Contract Time being adjusted accordingly.All Such Changes in the Work shall be authorized by a written Change Order,and shall be executed under the applicable conditions ofthe Contract Documents. A Change Order is a written order to the CMAR signed by the Owner and the Architect,issued after the execution ofthe Contract,authorizing a Change in the Work or adjustment in the GMP or the Contract Time.The GMP and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City,shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might be multiplied by the allowance for contractual overhead and profit If after the contract has been executed,the Architect,requests a price proposal from the CMAR for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. CMAR is advised that when the cumulative effect of Change Orders results in an increase in GMP by over$25,000,the City Council must approve all such Change Orders that will exceed this limit.Normal processing time for the City Staff to obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty(30)days.Owner,Architect and CMAR shal I endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. Ifthe CMAR claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,(2)any order by the Architect or Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. ifthe CMAR wishes to make a claim for an increase in the GMP or an extension in the Contract Time,he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the CMAR before proceeding to execute the Work.No such claim shall be valid unless so made. Any change in the GMP or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the GMP or an extension ofthe Contact Time and not inconsistent with the intent ofthe Contract Documents.Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the CMAR. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents,or which order minor changes in the Work without change in GMP or Contract Time.The CMAR shall carry out such Field Orders promptly. SECTION M: UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect,it must be uncovered for observation and replaced,at the CMAR's expense. If ally other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor.If such Work is found to be in accordance with the Plans Future City Hall Page 24 of 36 CMAR May 2022 and Specifications,the cost of micovering and replacement shall,by appropriate Change Order,be charged to the Owner.If such work is found not to be in accordance with the Plans and Specifications,the CMAR shall pay such costs unless it be found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the Owner or Architect as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated,installed or completed.The CMAR shall bear all costs of correcting such rejected Work,including the cost of the Architect's additional service thereby made necessary. It,within one year after the Date of Substantial Completion or within such longer period oftime as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents,the CMAR shall correct it promptly after receipt of a written notice from lire Owner to do so,unless die Owner has previously given the Contractor a written acceptance of such condition,describing same specifically and not generally. The Owner shall give such notice promptly after discovery ofthc condition. All such defective or non-contorming work under the preceding paragraphs shall be removed from the site where necessary;and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The CMAR shal I bear the cost of making good al I work of separate contractors destroyed or damaged by such removal or correcti on. If the CMAR does not remove such defective or non-conforming work within a reasonable time fixed by,witten notice from the Architect or the Owner,the Owner may remove it and may store the materials or equipment at the expense of the CMAR.If the CMA does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the CMAR including compensation for additional architectural services.If such procccds of sale do not cover all costs that the CMAR should have borne,the difference shall be charged to the CMAR and an appropriate Change Order shall be issued.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the Owner. If the CMAR fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non-conforming work,he may do so instead of requiring its removal and correction,in which case a Change Order will be issued to reflect an appropriate reduction in the final payment to the CMAR,or,if the amount is determined after final payment,the CMAR shall pay Owner the amount of the appropriate reduction. SECTION N: TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CMAR. if the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the CMAR,or if the work should be stopped for a period of 30 days by the CMAR for the Owner's failure to make payment thereon as provided in Section I,then the CMAR may after the end of such period of 30 days and upon seven additional days'written notice to the Owner and the Architect,terminate the Contract. N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors,or if a receiver is appointed on account of his insolvency,of if the CMAR refuses,except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials,or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter,Ordinances,Regulations or Orders of any public authority having jurisdiction,or otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the Owner,on its own initiative or upon certification by the Architect that sufficient cause exists to justify such action,may,without prejudice to any rights or remedy and after giving the CMAR and his surety, if any, seven (7)days' written notice,terminate the contract and take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon owned by the CMAR and may finish the work by whatever method he may deem expedient.In such case the CMAR shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work,including compensation for the Architect's additional services,exceed the unpaid balance of the Contract,the CMAR shall pay the difference to the Owner. Owner may terminate this contract in whole,or from time to time,in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the CMAR a notice of temunation specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the CMAR shal I: a) Stop work under the Contract on the date and to the extent specified on the notice oftermination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. Future City Hall Page 25 of 36 CMAR Mav 2022 c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,Owner will pay the CMAR a proportionate part of die contract price based on die work completed;provided, however,that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocated to the work not completed and further reduced by the amount of payments,if,any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such dispute or controversy shall be resolved and be decided by the City Council of the City of For Worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all patties to this contract. SECTION O: SIGNS The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for`Project Designation Signs."This sign shall he a part of this Contract and shall be included in the GMP. SECTION P: TEMPORARY FACILITIES P-1 SCOPE. The CMAR shall furnish; erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on lire project,subject to reasonable directions by lire CMAR as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in aproper,safe operating and sanitary condition for the duration of the Contract.Upon completion of the Contract,all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHEDS. The CMAR is not required to provide a temporary field office or telephone for projects under $1,000,000. CMAR shall equip the Project Superintendent with a cellphone and provide 24-hour contacts to die City. The CMAR shall provide a temporary field office building for himself,his subcontractors and use by the Architect.For construction contracts with a price in excess of$1,000,000.00,the CMAR shall provide a separate field office for the City's field representative(but the separate office may be in the same structure).The buildings shal I afford protection against the weather,and each office shal I have a lockable door,at least one window, adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings.Openings shall have suitable locks.Field offices shall be maintained for the full time during the operation of the work of the Contract.During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday.During warm weather the offices shal I be equipped with an air conditioning device to maintain temperature below 75 degrees F.Upon completion of the work of the Contract,CMAR shall remove the building from the premises.In addition to the drawing shelf,provide for the City field representatives office:one desk,four chairs,plan rack and a four-drawer filing cabinet(with lock).Each office shall contain not less than 120 square feet of floor space. CMAR shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use.Location of sheds and trailers shall be as approved by die Architect.Remove sheds when work is completed,or as directed. P-5 TOILET FACILITIES. CMAR shall provide proper sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-6 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during the construction.CMAR shall provide and install temporary utility meters during the contract construction period.These meters will be read and the CMAR will be billed on this actual use.The CMAR shall provide all labor and materials required to tap into the utilities.The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing voltages,pressures,frequencies,etc.will be available to the CMAR. Water. Provide an ample supply ofpotable water for all purposes of construction at a point convenient to the projector as shown on the Drawings. Pipe water from the source of supply to all points where water will be required.Provide sufficient hose to carry water to every required part of the construction and al low the use of water facilities to subcontractors engaged on the work.Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools,motors,welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate.Provide at least 0.75 watts of incandescent lighting per squgr4c foot and maintain a socket voltage of at least 110 volts.Use at least 100 watt lamps.In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. Future City Hall Page 26 of 36 CMAR Mav 2022 P-7 HEATING. Heating devices required wider this paragraph shall not be electric. CMAR shall provide heat,ventilation,fuel alid services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes.All such heating,ventilation and services shall be provided and maintained until final acceptance of all work.In addition,the CMAR shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing,setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning ofthe application of drywall and during the setting and curing period,provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven(7)days previous to the placing of interior finish materials and throughout the placing of finish painting,decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-8 TEMPORARY CONSTRUCTION.EQUIPMENT AND PROTECTION CMAR shall provide,maintain,and remove upon completion of die work all temporary rigging,scaffolding,hoisting equipment,rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. CMAR shall provide,maintain,and remove upon completion of the work,or sooner,if authorized by the Architect,all fences, barricades,lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees,equipment,the public and property. All temporary construction and cquipmcnt shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. CMAR shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground seepage,rainfall, drainage ofbroken lines. CMAR shall maintain provision for closing and locking the building at such time as possible to do so.if this is not feasible,maintain a night CMAR shall provide and maintain all barricades or enclosures,required to protect die work in progress from outside elements,dusts,and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Architect and shall be maintained for die duration of die construction period or as required to provide for the protection as specified. P-9 PROJECT BULLETIN BOARD. CMAR shall fumish,install and maintain during the life ofthe project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the Architect,in a prominent place accessible to employees of the Contractor and sub-contractors,and to applicants for employment.The bulletin board shall remain the property of the CMAR and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to the CMAR,shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. A. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). B. Wage Rate information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q: VENUE AND JURISDICTION Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in the state courts of Tarrant County;Texas. SECTION R:Waiver of Claims for Consequential Damages CMAR and Owner waive claims against each other for consequential damages arising out of or relating to the Contract Documents.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing,business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the CMAR for losses of financing,business and reputation,and for loss of profit,except anticipated profit arising directly from the Work. This mutual waiver is applicable to all claims for consequential damages,including without limitation,to all consequential damages due to either parry's termination in accordance with Section N.Nothing contained in this Section R shall be deemed to preclude assessment of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. Future City Hall Page 27 of 36 CMAR Mav 2022 END OF GENERAL CONDITIONS Future City Hall Page 28 of 36 CMAR Mav 2022 Insert Attachment A here Future Ciry Hall Page 29 of 36 CMAR Mav 2022 Bond# PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, known as "Principal" herein, and , a corporate surety(sureties), duly authorized to do business in the State of Texas, known as "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein,in the penal sum of, Dollars and no Cents($-----------00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS,Principal has entered into a certain written Contract with City, awarded the day of May 23rd , 2022,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as CMAR for the CoFW Future City Hall located at 100 Energy Way,Fort Worth,Texas. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any(and all) payment bond beneficiary(as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2022. PRINCIPAL: ATTEST: BY: Signature (Principal) Secretary Name and Title Address: Witness as to Principal SURETY: ATTEST: BY: Signature (Surety) Secretary Name and Title Address: Witness as to Surety Telephone Number: *Note: if signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Bond# PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, known as"Principal"herein and , a corporate surety (sureties, if more than one)duly authorized to do business in the State of Texas,known as"Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal sum of, Dollars and no Cents($--------------001, lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the _day of , 2022,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law,in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as CMAR for the CoFW Future City Hall located at 100 Eneri!y Way,Fort Worth,Texas. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2022. PRINCIPAL: BY: Signature ATTEST: (Principal)Secretary Name and Title Address: Witness as to Principal SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. POLICY NUMBER: 41GPP8969300 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non-contributory. When the insurance provided by this endorsement is primary and non-contributory,we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage' or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf. injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted Section III—Limits Of Insurance: by law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured required by a contract or agreement, the most we is required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional This endorsement shall not increase the exclusions apply: applicable Limits of Insurance shown in the This insurance does not apply to "bodily injury" Declarations. or"property damage" occurring after: Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 41GPP8969300 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non- contributory. When the insurance provided by this endorsement is primary and non-contributory,we will not seek any contribution from any other insurance policy available to the addi-tional insured on which the additional insured is a named insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, required by a contract or agreement, the most we by "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 37 04 13 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARYAND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 41GPP8969300 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE LOSS Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 O Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, CMAR for the Future City Hall located at 100 Energy Way,Fort Worth,Texas. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: By: Company (Please Print) Signature: Address Title: City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME,the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 2022. Notary Public in and for the State of Texas 4'-0" 2'-0" 2'-0» Ot 01 CENTERLINE OF a SIGN, LOGO & TEXT INFORMATION FORT ORTH® Project Title 0 Architect: Architect's Name Contractor: Contractor's Name FUNDED BY (List Bond Fund, etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 5/16"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN /19/22, 1:59 PM &C Review Official site of the City of Fort Worth,Te- CITY COUNCIL AGENDA FORTWORTII Create New From This M&C DATE: 5/24/2022 REFERENCE **M&C 22- LOG NAME: 21 FUTU E CITY HALL CMAR NO.: 0399 GMP CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: (CD 9)Authorize Execution of a Construction Manager at Risk Contract with Linbeck Group, LLC in the Amount Not to Exceed $87,076,188.00, Including an Owner's Construction Contingency Allowance, for the New Council Chamber Building at Future City Hall and Renovations to Future City Hall Building at 100 Energy Way RECOMMENDATION: It is recommended that the City Council authorize execution of a construction manager at risk contract with Linbeck Group, LLC in the amount not to exceed $87,076,188.00, including an owner's construction contingency allowance, for the new council chamber building at Future City Hall and renovations to Future ity Hall Building at 100 Energy Way. DISCUSSION: The purpose of this Mayor and City Council Communications ( &C) is to recommend that the ity ouncil authorize execution of a onstruction anager at Risk (CMAR) Contract with Linbec Group, LLC in the amount not to exceed $87,076,188.00, including an owner's construction contingency allowance, for the new council chamber building at Future City Hall site and renovations to Future City Hall Building at 100 Energy Way. This contract will accomplish the majority known construction work. This work will be completed in phases. The initial phase will order material that have long lead times, as created by the current supply issues and construction market. Following phases will remodel the office tower, construct the new council chambers, and provide additional structured parking. These phases will run concurrent when possible. Other amendments may be required as additional work is defined. On December 15th, 2020, the City Council authorized the acquisition of the former Pier 1 building, located at 100 Energy Way, for use as the future City Hall (M& 20-0910). On June 22nd, 2021, the City Council authorize execution of Amendment No. 1 to the professional services agreement with the Athenian Group, LL , for multi-year project management services associated with the relocation of ity Hall to 100 Energy Way ( &C 21-0429). The Athenian Group, LLC has conducted a detailed assessment of the departments and functions associated with the relocation. They have provided a written program and illustrated diagrams to make recommendation regarding what departments functions would move to and where they would be located at the Future ity Hall. On November 30th, 2021, the City Council authorized execution of Amendment No. 1 to the professional services agreement with the BOKA owell, LLC, in the not to-exceed amount of $5,460,279.00, including reimbursable expenses, for design and construction administration services associated with the relocation of ity Hall to 100 Energy Way. This initial contract will accomplish the majority of design wor that has been affirmed so far, but amendments may be required as additional work is defined. On December 2nd, 2021, the Athenian Group and the roperty Management Department issued a equest for Qualifications, to select Construction Manager at Ris (CMAR) team to provide construction management and delivery of the construction required to build a new council chambers building, remodel 100 Energy Way and make it suitable for use as Fort Worth's City Hall. Statements of Qualifications (SOQs)were due January 6th, 2022. The City received 5 SOQs from qualified construction manager at risk firms. The selection committee included representatives from the ity apps.cfwnet.org/counciI_packet/mc review.asp?ID=29951&councildate=5/24/2022 1/3 7/19/22, 1:59 PM M&C Review Manager's Office, the City Hall Steering Committee, Property Management Department, and the Diversity and Inclusion Business Equity Office. The firms submitting SOQs were: Balfour Beatty, Phillips-May, Source, RPMG joint venture Byrne, Potere, and Post L joint venture Linbeck Group, RD Howard, IMT joint venture Muckleroy Falls and HI Russell joint venture Yates, Tarrant, KAI joint venture After reviewing the SOQs, the committee met on January 12th, 2022, to select 3 of the 5 firms for interviews based on their rankings in a qualifying matrix. The interviews took place January 21St, 2022 and the following is a summary of the results of the interview process: SCORING MATRIX TABLE: CMAR Contractor Balfour Beatty, Byrne, Linbeck, Evaluation Phillips-May, Potere, RD Howard, Source, RPMG ` Post L IMT [Proposed Fees 53 55 53 Experience & References CMAR 16 10 19 PROJECTS F F �Uisness Equity Plan 7 715 F 10 Knowledge of City 7 7 + 10 Procedures F:TOTALS —� 83 87 92 On the 12th of April 2022, the City administratively executed a contract for pre-construction services for an amount totaling $98,500.00. At this time city staff recommends execution of a CMAR construction contract with Linbeck Group, LLC in the amount of$87,076,188.00, to be delivered in phases to address current construction costs and material lead times. The overall project costs are expected to be as described in table below: [PROJECT COST TOTALS Initial Building Purchase $69,500,000.00 Professional Services (Project Management & Design Contract) F$101360,279.00 CMAR Construction Contract (Including Owner's Construction Contingency Allowance) F$87,076,188.00 Administrative Costs (Staff Time, Additional ITS, AV, Security, Building Infrastructure, Major $6,690,000.00 Maintenance, FF&E, and Moving Costs) [Froject Contingency r $6,882,478.00 PROJECT TOTAL $180,508,945.00 This project is funded from a mix of funds, including Tax Note 2021 A. Tax Note 2022, ARPA, PEG, Operational.Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, proceeds will reimburse the General Fund. There are several operating and maintenance costs associated with the Future City Hall. These costs will be better defined as the phases are designed, and the sale of annexes and other downtown facilities are realized. The annual operating and maintenance cost will be presented to City Council at a future date. apps.cfwnet.org/counciI_packet/mc review.asp?ID=29951&counciIdate=5/24/2022 2/3 7/19/22, 1:59 PM M&C Review Waiver of Building Permit Fees - In accordance with the City Code of Ordinances, Part II, Chapter 7- 1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: Linbeck Group, LLC is in compliance with the City's Business Equity Ordinance by committing to 30\% MWBE participation on this project. The City's MWBE goal on this project is 30\%. The new City Hall is to be located in COUNCIL DISTRICT 9 but will benefit all council districts. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal, Cable TV Peg, Tax Note 2021 A and Tax Notes 2022 Funds for the City Hall Move 100 Energy Way project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Property Management Department has the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 21 FUTURE CITY HALL CMAR GMP funds availabilitypdf (CFW Internal) Compliance Memo— CMAR City Hall Renovation - Executed 2022.pgf (CFW Internal) Copy of FUTURE CITY HALL CMAR GMP FID TABLE.4.28.xlsx (CFW Internal) Easement SURVEY-PIER 1-FINAL.pdf (Public) Future City Hall CMAR GMP map.pdf (Public) GL0019-07- Project Budget Summarypdf (Public) Linbeck-SAM GOV.pdf (CFW Internal) Linbeck 1295.pdf (CFW Internal) apps.cfwnet.org/counciI_packet/mc review.asp?ID=29951&counciIdate=5/24/2022 3/3