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CONTRACT DOCUMENiS
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Onlvne Water Quality Monitoring System (OWQM)
Fo�t Worth Water Department
CITY PROJECT No.
JANUARY 2014
PREPARED FOR:
The City of Fort Worth
BY:
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CP&Y, Inc.
TBPE REG #1741
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RECEiV�D �AN � 9 �014
��'ICIAL RECORD
CITY i�CRETARY
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M&C Review
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 1/14/2014
Page 1 of 2
Official site of the City of Fort Worth, Texas
FORT `'�ORTFI
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DATE: 1 /14/2014
CODE: C
REFERENCE NO.: **C-26640
TYPE: CONSENT
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PUBLIC
HEARING:
60C,P,&Y-
OWQMS
NO
SUBJECT: Authorize Design-Build Contract with CP&Y, Inc., in the Amount of $859,189.60 for the
Fabrication and Installation of Online Water Quality Monitoring Stations at Various
Locations for the Fort Worth Water Department (COUNCIL DISTRICTS 3, 7, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a design-build
contract with CP8�Y, Inc., in the amount of $859,189.60, for services associated with the design,
fabrication and installation of Online Water Quality Monitoring Stations for the Fort Worth Water
Department.
DISCUSSION:
In November 2002, the Fort Worth Water Department completed a Vulnerability Assessment of its
facilities in conformance with requirements set out in the Public Health, Security and Bioterrorism
Preparedness and Response Act of 2002. The Assessment identified areas where security
measures should be enhanced at various Fort Worth Water Department facilities. These security
mitigation and enhancement programs were then prioritized based on their risk reduction capabilities
and organized into a multi-year improvement program. In order to mitigate the effects of a deliberate
act of water contamination, the Vulnerability Assessment study recommended the installation of
online water quality monitoring stations at key locations throughout the City.
Under the Homeland Security Grant for 2012 funds were budgeted for the fabrication and installation
of Online Water Quality Monitoring Stations (OWQMS) to enhance the security of the water
system. Under the proposed design-build contract, CP&Y, Inc., will implement an Online Water
Quality Monitoring System in the amount of $859,189.60 to include a network of five water quality
monitoring stations in the water distribution system and an event detection system to analyze the
information from these stations to detect water quality abnormalities. This system will integrate real
time monitoring systems that will provide both daily operational water quality monitoring and early
warning contamination detection. This project is 100 percent funded through the Homeland Security
Grant program.
Request for offers were published in the Fort Worth Star-Telearam on June 6, 2013 and June 13,
2013. On July 11, 2013 offers were received and opened. CP&Y, Inc., was the only company who
submitted an offer for the project. In reviewing their offer, CP&Y, Inc., was found to meet all of the
experience requirements. It was also noted that the company had recently been involved in
successfully designing and installing similar online water quality monitoring systems in Dallas and
Arlington. Both cities are satisfied with the design and operability of their systems.
M/WBE Office - CP&Y, Inc., is in compliance with the City's M/WBE Ordinance by committing to 12
percent M/WBE participation on this project. Additionally, CP&Y, Inc., is a certified M/WBE firm.
This project is located in COUNCIL DISTRICTS 3, 7, 8 and 9, Mapsco No. 32U, 57P, 76G and 92S.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current budget of
http://apps.cfwnet.org/council�acket/mc review.asp?ID=19282&councildate=l/14/2014 1/21/2014
M&C Review
Page 2 of 2
m the Grants Funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
� $281,28s. 02
GR76 539120 060442580090
� $177,901.58
GR76 539120 060442581120
� $400.000.00
GR76 539120 060442607180
Submitted for Citv Manaqer's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8246)
Paul Bounds (8567)
ATTACHMENTS
http://apps.cfwnet.org/council�acket/mc review.asp?ID=19282&councildate=l/14/2014 1/21/2014
STANDARD FORM OF DESIGN-BUILD AGREEMENT
BETWEEN OWNER AND DESIGN-BUILDER
ON OPEN BOOK PRICE BASIS
AGREEMENT made as of the day of in the year of 2014,
between the Design-Builder:
CP&Y, Inc.
1820 Regal Row, Suite 200
Dallas, TX 75235
and the Owner:
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, TX 76102
For the services in connection with the following Project:
Design and Construction, Including Fabrication and Installation Services, of the Online Water
Quality Monitoring Systems at Various Locations for the Fort Worth Water Department.
ARTICLE 1 - GENERAL PROVISIONS
1.1 MutualObliqations. Design-Builder and Owner agree to fully cooperate with each
other in providing to each other information available, and in facilitating the design and
Construction Work within the scope of this Agreement. Design-Builder agrees to provide the
architectural and engineering services as set forth below, and to furnish construction and
administration of the Construction Work.
1.2 Extent of Aqreement. This agreement is solely and exclusively for the benefit of the
Owner and the Design-Builder and not for the benefit of any third party. The Owner and the
Design-Builder agree that there are no third-party beneficiaries and each agrees that the
obligations in this Agreement are owed exclusively to the other party to the Agreement. The
Parties agree that this Agreement represents the entire and integrated Agreement between the
Owner and the Design-Builder, and supersedes all prior negotiations, representations or
agreements, either written or oral.
1.3 Enqineer. Licensed, independent design professionals retained or employed by the
Design-Builder in conformance with Chapter 2254, Texas Government Code and Chapter 1001,
Texas Occupations Code, to provide engineering services required for the project. The Design
Builder may also be referred to herein as the Engineer.
1.4 Definitions.
1.4.1 The term "Agreement" shall mean this executed Standard Form of Design-
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 1 of 27
OWQM Project — Water Department (January 2014)
Build Agreement between the Owner and the Design-Builder on Open Book Price Basis.
1.4.2 The term "Contract Documents" shall mean (i) this Agreement; (ii) written
change orders and amendments to this Agreement signed by both the Owner and the Design-
Builder, including exhibits and appendices thereto; (iii) the Design Criteria Documents; (iv) the
information provided by the Owner pursuant to Subparagraph 3.2.2; (v) the Schematic Design
Documents and (vi) the Open Book Price Proposal.
1.4.3 The term "Contract Time" shall mean the number of calendar days stated in
the Price Proposal (as provided in paragraph 5.2.1) during which the Design-Builder has agreed
_ to achieve Substantial Completion of the Construction Work.
1.4.4 "Price Proposal" shall mean the cost of the design and construction
proposed at the time of execution of this contract.
1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1
1.4.6 "Guaranteed Maximum Price" (GMP) shall be the total cost of the project
set at the time the construction is authorized and memorialized by an amendment to this
Agreement. The Design-Builder shall provide Payment, Performance Bonds and Builders Risk
Insurance in this amount, except that Payment and PerFormance Bonds shall not include the
cost for design services. Subject to adjustments in the Contract Price in accordance with
" Change Orders signed by the Parties, the Owner shall not be obligated to any costs in excess of
- the GMP.
1.4.5 The term "Construction Documents" shall mean the drawings, specifications
and other documents prepared by the Engineer and approved by the Owner for the construction
of the Project.
1.4.6 The term "Construction Work" shall mean all of Design-Builder's construction
services required by the Contract Documents.
1.4.7 The term "Date of Commencement" shall have the meaning defined in
paragraphs 5.2.3, 5.2.4.1, or 5.2.4.3 as applicable. The Owner will promptly proceed to obtain
all easements, zoning changes, approvals, and other legal requirements to allow construction to
proceed without delay.
1.4.8 The term "day" or "days" shall mean calendar days unless otherwise
specifically noted in the Contract Documents.
1.4.9 The term "Defective Work" shall mean any portion of the Construction Work not
in conformance with the Construction Documents.
1.4.10 The term "Design Criteria Documents" shall mean the Basis of Design
prepared by the Design-Builder dated [ ] and approved by the Owner. The Basis of Design
specifies the functional and performance criteria the Owner requires for the Project. The Basis
of Design is attached to this Agreement as Exhibit A.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 2 of 27
OWQM Project — Water Department (January 2014)
1.4.11 The term "Design Consultants" shall mean the engineering or architectural
firm(s) employed by the Design-Builder to perform design or consulting work for the Project.
Such Design Consultants' services may include civil engineering for utilities, storm drainage,
and pavement; geotechnical engineering; landscape architecture; environmental engineering or
consulting; and surveying and construction staking for sitework.
1.4.12 The term "Differing Site Conditions" shalt mean concealed or latent physical
conditions, or subsurFace conditions at the Project site that (i) materially differ from the
conditions indicated in the Schematic Design Documents or (ii) are of an unusual nature,
differing materially from the conditions ordinarily encountered and generally recognized as
inherent in construction work.
1.4.13 The term "Hazardous Material(s)" shall mean any materials, waste,
substances, and/or chemicals deemed to be hazardous under all applicable federal, state,
and/or local laws, codes, ordinances, rules, regulations, orders and decrees of any
governmental entity having jurisdiction over the Project or the Project site.
1.4.14 The term "Other Contractors" shall mean any other independent contractor,
agent or representative employed by the Owner at the Project site who is not employed by the
Design-Builder, or its subcontractors.
1.4.15 The term "Project" is the building, facility, or other improvements at the location
provided by the Owr�er, which the Design-Builder has agreed to comple�e pursuant to the
requirements of the Schematic Design Documents.
1.4.16 The term "Schematic Design Documents" shall mean the drawings, outline
specifications, and/or other conceptual documents illustrating the Project's elements, scale, and
features, which documents address the requirements of the Owner's Design Criteria Documents
submitted by the Owner to the Design-Builder. The Schematic Design Documents shall be the
documents prepared and submitted to the Owner with the Guaranteed Maximum Price ("GMP").
The Schematic Design Documents shall constitute the scope of the work to be perFormed by the
Design-Builder for the GMP pursuant to the terms of this Agreement.
1.4.17 The term "Subcontractor(s)" shall mean any party or entity retained by the
Design-Builder as an independent contractor to provide any of the labor, materials, equipment,
and/or services necessary to complete a specific portion of the Construction Work under this
Agreement. The term Subcontractor does not include an architect, engineer, other design
consultants, if any, or any Other Contractors retained by the Owner.
1.4.18 The term "Substantial Completion" shall be the date on which the Construction
Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner
can beneficially use the Project, or portion thereof, for its intended purposes. The issuance of a
certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of
occupancy cannot be obtained due to factors beyond the Design-Builder's control. The Design-
Builder and the Owner agree to sign a certificate of Substantial Completion confirming the date
of Substantial Completion.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 3 of 27
OWQM Project — Water Department (January 2014)
1.1.19 The term "Work Product" shall mean all drawings, specifications, and other
design documents, including those in electronic format prepared by or procured by the
Design-Builder in performance of this Agreement.
1.1.20 The term "Open Book Price" shall refer to the price of subcontracts and
purchases, the site expenses for superintendence and professional services directly
supporting the construction effort plus agreed overhead and profit.
ARTICLE 2- DESIGN-BUILDER'S SERVICES AND RESPONSIBILITIES
2.0 Design Services.
2.1 Schematic Design: The Design-Builder shall prepare a schematic design sufficient in
detail and scope to clearly identify all major features of the project, prepare a project schedule,
and to present a Guaranteed Maximum Price. The Owner shall accept, in writing, the
Schematic Design prior to detailed design and execution of the construction.
2.2 Final Design: Pursuant to a mutually agreeable schedule, the Design-Builder shall
submit for the Owner's approval Construction Documents that meet the requirements of the
Schematic Design Documents, and any change orders executed by both the Owner and the
Design-Builder after the date of this Agreement and prior to the submission of the Construction
Documents to the Owner.
2.3 Construction Documents. The Construction Documents shall set forth the
requirements for the Construction Work, and shall be based upon codes, laws or regulations
effective on the date of this Agreement. If any codes, laws, or regulations are changed or are
enacted after the date of this Agreement affecting the performance of the Construction Work,
the Contract Price and the Contract Time shall be equitably adjusted to compensate the Design-
Builder for the changes. When the Design-Builder submits the Construction Documents to the
Owner, the Design-Builder shall identify in writing all material changes and deviations from the
requirements of the Schematic Design Documents. Material changes, if any, between the
Construction Documents and the Schematic Design Documents necessitated by changes in
codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2
equitably adjusting the Contract Price and/or the Contract Time. Three (3) sets of the
Construction Documents shall be furnished to the Owner prior to the date of commencement of
construction.
2.4 Construction Services.
2.4.1 The Design-Builder agrees to timely complete the design and commence
construction to substantially complete the construction within the Contract Time. The Design-
Builder and its Subcontractors shall provide all necessary construction labor, materials, tools,
equipment, as well as all construction supervision, inspection, and temporary utilities as
required to complete construction required by the Construction Documents.
2.4.2 The Design-Builder shall perform all Construction Work in accordance with the
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 4 of 27
OWQM Project — Water Department (January 2014)
requirements of the Construction Documents. Design-Builder shall at all times exercise
complete and exclusive control over the construction means, methods, sequences, and
techniques. The Design-Builder shall be responsible for the proper performance of the work,
including all work performed by its Subcontractors, and any acts and omissions in connection
with such perFormance.
2.4.3 The Design-Builder shall keep the Project site(s) reasonably free from debris,
trash, and construction wastes to permit Design-Builder to perform the Construction Work
efficiently, safely, and without interference in the use of adjacent properties. Upon Substantial
Completion of the Project, the Design-Builder shall remove all debris, trash, construction waste,
materials, equipment, machinery, and tools arising from the Construction Work, to permit Owner
to occupy the Project for its intended use. Upon completion of the Project, Design-Builder shall
complete the removal of all debris, trash, construction waste, materials, equipment, machinery,
and tools arising from the Construction Work prior to final payment being due.
2.5 Safetv of Persons and Propertv. The Design-Builder shall require each of its
Subcontractors to be responsible for the safety of its workmen performing the Construction
Work at the Project site, as well as the safety of all persons and property which could be injured
during the prosecution of any subcontract work. The provisions of this Agreement shall not
relieve Subcontractors of their responsibility for the safety of persons or property in the
performance of subcontract work, nor for compliance with the applicable laws and regulations.
The Design-Builder shall be responsible for the safety of all employees and workmen directly
employed by the Design-Builder at the Project site.
2.5.1 Safetv Representative. The Design-Builder shall designate an individual in the
employment of the Design-Builder who shall act as the Design-Builder's designated safety
representative for the Project. Unless otherwise identified by the Design-Builder in writing to the
Owner, the designated safety representative shall be the Design-Builder's project
superintendent. The Design-Builder will promptly report to the Owner in writing all accidents
and injuries occurring at the Project site. When the Design-Builder is required to file an accident
report with a public authority, the Design-Builder shall furnish a copy of the report to the Owner.
The Design-Builder and its Subcontractors shall comply with all legal requirements relating to
the safety, as well as any of Owner's specific safety requirements if specified in the Contract
Documents.
2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings,
specifications, documents, and other work products of the Design-Builder whether in hard copy
or in electronic form, are instruments of service for this Project, whether the Project is completed
or not. Reuse, change, or alteration by the Owner or by others acting through or on behalf of
the Owner of any such instruments of service without the written permission of the Design-
Builder will be at the Owner's sole risk. The Owner shall own the final, printed designs,
drawings, specifications and documents. Transfer of ownership of the contract documents does
not constitute sale of the documents.
2.5.3 Standard of Care. Qualified, licensed design professionals employed by the
Design-Builder or procured from qualified, independent licensed design consultants shall
prepare the Construction Documents. The standard of care for all design professional services
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 5 of 27
OWQM Project — Water Department (January 2014)
performed under this Agreement shall be the care and skill ordinarily used by members of the
engineering profession practicing under similar conditions at the same time and locality as the
Project. This Agreement does not establish or create any legal or contractual obligations
between the Owner and the design professionals employed by the Design-Builder, and the
design professionals shall not be deemed to be a third party beneficiary under this Agreement.
2.5.2 Hazardous Materials. The Design-Builder shall not be obligated to
commence or continue the Construction Work until all known or suspected Hazardous Material
discovered at the Project site not introduced onto the Project site by the Design-Builder have
been removed or rendered harmless by the Owner, as certified by an independent testing
laboratory and approved by the appropriate government agency.
2.5.4.1 The Design-Builder and its Subcontractors shall not knowingly enter upon any
portion of the Construction Work containing Hazardous Material. If after the commencement of
the Construction Work known or suspected Hazardous Materials are discovered at the Project,
the Design-Builder shall be entitled to immediately stop Construction Work in the affected area,
unless such Hazardous Materials are introduced onto the Project site by the Design-Builder.
The Design-Builder shall report the condition to the Owner, and, if required, the governmental
agency having jurisdiction. If the Design-Builder incurs additional cost and/or is delayed due to
the presence or remediation of Hazardous Material, the Design-Builder shall be entitled to an
equitable adjustment in the Contract Price and/or the Contract Time, unless such Hazardous
Materials are introduced onto the Project site by the Design-Builder. The Design-Builder shall
not be required to perForm any Construction Work related to or in the area of Hazardous
Material not introduced into the Project site by� it unless a written agreement is entered into
between the Design-Builder and the Owner to provide for extra cost, if any, extra time, if any,
and additional risk incurred by the Design-Builder.
2.5.4.2 If potentially hazardous materials are discovered at the Project site that were
not introduced by the Design-Builder, the Owner shall be responsible for retaining an
independent testing laboratory to determine the nature of the material encountered and whether
it is a Hazardous Material requiring corrective measures and/or remedial action, otherwise the
Design-Builder shall be responsible for such testing. Such measures shall be the sole
responsibility of the Owner, and shall be performed in a manner minimizing any adverse effect
upon the Construction Work of the Design-Builder, unless such Hazardous Materials are
introduced onto the Project site by the Design-Builder. The Design-Builder shall resume the
Construction Work in the area affected by any Hazardous Material only after written agreement
between the Owner and the Design-Builder has been executed, after the Hazardous Material
has been removed or rendered harmless, and after approval of the governmental agency or
agencies with jurisdiction, if required.
2.5.4.3 If hazardous materials are encountered as a result of the Owner's failure to
identify or remove hazardous materials existing at the Project site prior to the commencement of
construction, the Owner agrees to (1) release the Design-Builder, its Subcontractors, and their
officers, directors and employees from any and all claims, damages, losses, or expenses
incurred by the Owner arising out of or related to the performance of the construction work in
the area affected by the Hazardous Material existing at the Project site prior to commencement
of the Project; (2) release the Design-Builder from any indemnification obligations in this
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 6 of 27
OWQM Project — Water Department (January 2014)
Agreement as it relates to Hazardous Materials oniy; (3) extend the Contract Time by the actual
number of days that the Design-Builder is delayed in the completion of the Contract Work
arising out of or related to the identification, testing, and abatement of the Hazardous Material
existing at the Project site prior to commencement of performance; (4) execute a Change Order
increasing the Contract Price by any costs or losses incurred by Design-Builder which arise out
of the testing or abatement of the Hazardous Material existing at the Project site prior to
commencement of perFormance, or relate to the perFormance of Construction Work in the area
affected by the Hazardous Material prior to the Design-Builder's discovery of the Hazardous
Material existing at the Project site prior to commencement of performance, including any de-
mobilization and re-mobilization costs.
2.5.4.4 During performance of the Construction Work, the Design-Builder shall be
responsible for the proper handling of all materials brought to the Project site by the Design-
Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion,
the Design-Builder shall continue to be responsible for materials and substances brought to the
Project site, if such materials or substances are required by the Construction Documents.
2.5.4.5 To the fullest extent permitted by applicable law, including Chapter 151
of the Texas Insurance Code and Chapter 130 of the Texas Civil Practice 8� Remedies
Code, if Hazardous Materials are encountered as a result of the Design-Builder or its
Subcontractors' importation of such materials onto the Project site, the Design-Builder shall
defend, indemnify and hold harmless the Owner, its officers, directors, and employees from and
against any and all claims, damages, losses, costs and expenses, including but not limited to
attorneys fees, arising out of or related to the Construction Work in any area affected by
Hazardous Materials This indemnification shall apply without regard to the fault,
negligence, breach of warranty or contract, or strict liability of the Owner and shall
indemnify the indemnities for their own fault or negligence.
2.6 Desiqn-Builder's Warrantv. Design-Builder warrants to Owner that all materials
and equipment furnished under this Agreement will be new, unless otherwise specified. The
Design-Builder also warrants to the Owner that all materials and equipment furnished under this
Agreement will be in conformance with the Construction Documents. Design-Builder's warranty
obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction
Work by persons other than the Design-Builder. The Design-Builder agrees to correct all
Defective Work for which the Owner provides notice to the Design-Builder within a period of one
year from the date of Substantial Completion. The Design-Builder shall collect written
warranties as defined in the contract documents from manufacturers, as well as all equipment
manuals, and deliver them to the Owner for the Owner's use. To the extent that products,
equipment, systems or materials incorporated into the Construction Work are covered by a
warranty from the manufacturer of such products, equipment, systems or material in excess of
one year, the Owner's remedy to correct the defective products, equipment, systems, or
materials after the one-year period shall be exclusively against the warranty of the
manufacturer.
ARTICLE 3 - OWNER'S RESPONSIBILITIES
3.1 Cooperation with Desiqn-Builder.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 7 of 27
OWQM Project — Water Department (January 2014)
3.1.1 Owner shall, throughout the perFormance of the Construction Work, cooperate
with Design-Builder and perform its responsibilities, obligations and services in a timely manner
to facilitate Design-Builder's timely and efficient perFormance of the Construction Work and so
as not to delay or interfere with Design-Builder's perFormance of its obligations under the
Contract Documents and/or Construction Documents. The Owner shall cooperate and provide
reasonable assistance to the Design-Builder in obtaining the permits, approvals, and licenses
that are the responsibility of the Design-Builder.
3.1.2 Owner shall provide timely reviews and approvals of interim design
submissions, Schematic Design Documents, and Construction Documents consistent with
Owner's normal business practices and within the negotiated times set forth in Design-Builder's
schedule.
3.2 Information and Services Provided bv Owner.
3.2.1 The Owner shall provide full information in a timely manner regarding
requirements for the Project including all information contained in the Design Criteria
Documents.
3.2.2 Unless expressly stated to the contrary in the Contract Documents, Owner
shall provide for Design-Builder's information and use the following documents upon which
Design-Builder is entitled to rely upon in performing the Work:
3.2.2.1 Surveys describing the property, boundaries, topography and reference points
for use during construction, including existing service and utility lines;
3.2.2.2 Geotechnical studies describing subsurface conditions, and other surveys
describing other latent or concealed physical conditions at the Project site;
3.2.2.3 Temporary and permanent easements, zoning requirements, deed
restrictions, and other requirements and encumbrances affecting land use, or necessary to
permit the proper design and construction of the Project and enable Design-Builder to perform
the Work;
3.2.2.4 A legal description of the property upon which the Project is located;
3.2.2.5 To the extent available, as-built and record drawings of any existing structures
at the Project site; and
3.2.2.6 To the extent available, environmental studies, reports and impact statements
describing the environmental conditions, including Hazardous Conditions, in existence at the
Project site or which could affect the Project site.
3.2.3 Owner is responsible for securing and executing all necessary easements and
agreements with adjacent land or property owners that are necessary to enable Design-Builder
to perform the Work. Owner is further responsible for all costs, including attorneys' fees,
incurred in securing these necessary easements and agreements. Owner is responsible for
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 8 of 27
OWQM Project — Water Department (January 2014)
securing all zoning approvals required for the Project as well as all easements necessary for the
construction to proceed without delay.
3.3 Approval of Schematic Desiqn Documents. At the time of the Owner's approval of
the Open Book Price Proposal, as provided in paragraph 5.2, the Owner shall review, modify as
required, and approve the Schematic Design Documents provided to the Owner by the Design-
Builder. Upon the Owner's approval, the Schematic Design Documents shall be part of the
Contract Documents and shall constitute the scope of the design and construction services to
be performed by Design-Builder.
3.4 Owner's Construction Responsibilities
3.4.1 Throughout the performance of the Construction Work, the Owner shall
cooperate with Design-Builder to assure that the Construction Work is timely and efficiently
performed without delay or interference to the services provided by Design-Builder. The Owner
shall assign Ronald Clements, Project manager, as the Owner representative who shall be fully
acquainted with the Project and who shall have authority to bind the Owner in all matters
requiring the Owner's approval, authorization, or written notice. If the Owner changes its
representative or the representative's authority as listed above, the Owner shall notify the
Design-Builder in writing, in advance of such change.
3.4.2 Owner is responsible for all work perFormed on the Project or at the location of
the Project by other contractors under separate contracts with the Owner. Owner shall
contractually require its sepaEate contractors to cooperate with and coordinate their activities
with Design-Builder, so as not to interfere with Design-Builder in perFormance of this Agreement.
3.4.3 Owner shall provide or contract for, independently of the Design-Builder, the
inspection services, the testing of construction materials, and the verification testing services
necessary for acceptance of the Project.
3.4.4 Any change order in an amount greater than $25,000 requires the prior
approval of the City Council of the City of Fort Worth.
ARTICLE 4 - CONTRACT TIME.
4.1 Substantial Completion and Final Completion. Substantial Completion of the
Construction Work shall be achieved after the Date of Commencement, within the Contract
Time as specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2.
Unless causes beyond the Design-Builder's control delay final completion, the Design-Builder
shall achieve final completion of the Construction Work, including all punch list work, within sixty
(60) days from the date of Substantial Completion.
4.2 Extensions of Time
4.2.1 If causes beyond the Design-Builder's control extend the time for the
commencement or progress of the Construction Work, then the Contract Time shall be
extended as appropriate. Such causes shall include but not be limited to: changes ordered in
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 9 of 27
OWQM Project — Water Department (January 2014)
the Construction Work by the Owner, negligent acts or omissions of the Owner or Other
Contractors, the Owner's interference in the Design-Builder's performance of Construction
Work, the presence of Hazardous Materials at the Project site, the presence of Differing Site
Conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation
delays, labor disputes impacting the Project, actions by governmental agencies, and/or
unavoidable accidents or circumstances. Causes beyond the control of the Design-Builder do
not include negligent acts or omissions on the part of the Design-Builder, Subcontractors, or the
Architect/Engineer.
4.2.2 In the event delays to the Project are encountered for any reason, both the
Owner and the Design-Builder agree to undertake reasonable efforts to mitigate the effects of
such delays.
4.3 Liquidated Damaqes. Time is of the essence for the perFormance of this Contract.
To the extent that the Substantial Completion of the Project is not achieved by the Design-
Builder within the Contract Time, as adjusted pursuant to the provisions of paragraph 4.2, the
Owner will suffer financial loss which is difficult, if not impossible, to estimate or compute. The
Owner and the Design-Builder therefore agree that the amount of $300.00 per day shall be
deducted from the total payment due the Design-Builder for each day the Certificate of
Occupancy of the Project is delayed beyond the Contract Time, as adjusted by the provisions in
paragraph 4.2. The Owner and the Design-Builder further agree that the amount of $300.00 per
day is a reasonable expectation of the Owner's probable damages, both direct and
consequential, including all of the Owner's financial and economic losses associated with, or
directly or indirectly arising out of the delay in the Certificate of Occupancy of the Project, and
that such deduction of the liquidated damage amount is not for the purpose of a penalty.
ARTIC�E 5 - CONTRACT PRICE
5.1 Contract Price Owner shall pay Design-Builder, in accordance with Article 6 hereof,
total compensation ("Contract Price") not to exceed the Guaranteed Maximum Price.
5.2 Contract Cost
5.2.1 Guaranteed Maximum Price Proposal ("GMP"). The Design-Builder shall
submit a Price Proposal to Owner for each phase working toward a GMP which shall include the
following information and documents:
5.2.1.1 A proposed price for performing the Construction Work, which amount shall
include the Design-Builder's Design fee. The price will be determined as follows:
5.2.1.1
5.2.1.2
5.2.1.3
5.2.1.4
5.2.1.5
5.2.1.6
5.2.1.7
Subcontract Costs (Actual contract plus 10%)
Design-Builders Overhead and Profit (10% of direct costs)
Management Fee (12% of total DESIGN-BUILDER cost)
Reimbursable Expenses (Cost plus 10%)
Design Fee (Open Book)
Other Fees (10%)
Design-Builder's Costs, including labor costs, costs of materials
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and equipment incorporated into the completed construction,
costs of other temporary materials and equipment, temporary
facilities, and related items
5.2.1.2 A copy of the Schematic Design Documents used as the basis for establishing
the GMP.
5.2.1.3 A list of the assumptions and clarifications made by Design-Builder in
establishing the GMP, which list is intended to supplement the information contained in the
Schematic Design Documents.
5.2.1.4 The Contract Time upon which the proposed GMP is based;
5.2.1.5 If applicable, a list of allowances and a statement of their basis; a schedule of
alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and
5.2.1.6 The time limit for acceptance of the GMP Proposal.
5.2.2 Review and Adjustment to GMP Proposal After submission of the GMP
Proposal, Design-Builder and Owner shall meet to discuss and review the Schematic Design
Documents and the Price Proposal. If Owner has any comments regarding the GMP Proposal,
or finds any inconsistencies or inaccuracies in the information presented, the Owner shall
promptly give written notice to Design-Builder of such comments or findings. If appropriate,
Design-Builder shall, upon receipt of Ovr✓ner's notice, make appropriate adjustments to the GMP
Proposal.
5.2.3 Acceptance of Price Proposal If Owner accepts the GMP Proposal, the
GMP Proposal and all documents submitted with the GMP Proposal shall amend and become a
part of this Agreement. The Date of Commencement shall be ten (10) business days after
Design-Builder's receipt of Owner's acceptance of the GMP Proposal. Design-Builder will
proceed with completion of design and ordering of long lead-time materials required for the
Project.
5.2.4 Failure to Accept the GMP Proposal If Owner rejects the GMP Proposal,
or fails to notify Design-Builder in writing on or before the date specified in the GMP Proposal
that it accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect.
In such event, Owner and Design-Builder shall meet and confer as to how the Project will
proceed, with Owner having the following options:
5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such
modifications are accepted in writing by Design-Builder, the GMP Proposal shall be deemed
accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above,
except the Date of Commencement shall be the date of Design-Builder's written acceptance of
such modifications; or
5.2.4.2 Owner shall terminate this Agreement by payment to Design-Builder of
$30,OOOfor the preparation of the Schematic Design Documents, such payment being
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the total compensation Design-Builder will be entitled to for any and all work performed prior to
the date of such termination.
5.3 Adiustments to Price The GMP Price shall be equitably adjusted to provide for changes
in the scope of the Construction Work, including:
5.3.1 Delays encountered in performing the work caused by or resulting from acts or
omissions of the Owner, the Owner's representatives, or any Other Contractors;
5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof;
5.3.3 Additional work and/or delays caused by or resulting from the presence of
Hazardous Materials on the Project site other than materials brought onto the site by Design-
Builder;
5.3.4 The Owner's suspension of the work under this Agreement; or
5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which
the Design-Builder is entitled to a price adjustment under this Agreement.
ARTICLE 6 - PAYMENT
6.1 Schedule of Values.
6.1.1 Prior to submitting the first application for payment during the Construction
Work, the Design-Builder shall provide to the Owner a schedule of values consisting of a
breakdown of the Open Book Price with separate line items for the major elements of the
Construction Work included in the Lump Sum Price.
6.1.2 If the Owner disagrees with the values utilized by the Design-Builder in the
schedule of values, the Owner shall provide the Design-Builder a written objection to the
schedule of values within seven (7) days after the Owner's receipt of the schedule of values,
specifically stating the items with which the Owner objects, the basis for such objection, and the
adjustment in the schedule of values which would be satisfactory to the Owner. In the event of
objection by the Owner, the Design-Builder and the Owner shall negotiate in good faith to
resolve any such objection before commencement of the Construction Work. The Design-
Builder shall not be required to commence the Construction Work until all such objections are
resolved. If any such delays in the commencement of the Construction Work are encountered,
the Design-Builder shall be entitled to an adjustment of the Contract Time.
6.2 Monthlv Proqress Pavments.
6.2.1 On the first day of each month after the Date of Commencement, the Design-
Builder shall submit to the Owner an application for payment based on the percentage of work
completed for each item on the schedule of values, and the materials suitably stored at the
Project site (or at other locations approved in writing by the Owner). Approval of payment
applications for such stored materials shall be conditioned upon submission by the Design-
Builder of bills of sale or such other procedures satisfactory to the Owner to establish the
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Owner's title to such materials.
6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for
payment, the Owner shall give written notice to the Design-Builder of the Owner's acceptance,
rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of
an application for payment shall only be based on a justification stated in paragraph 6.2.3.
Within fifteen (15) days after receipt of each monthly application for payment, the Owner shall
pay directly to the Design-Builder, the amount for which the application for payment is made,
less any amounts previously paid by the Owner. If such application is rejected or adjusted, the
Owner shall provide with the written notice of rejection or adjustment, a statement of the specific
portion of the items in the schedule of values rejected or adjusted and the Owner's basis for
such rejection or adjustment. If the Owner and Design-Builder cannot agree on a revised
amount, the Owner shall pay directly to the Design-Builder the amount of those items not
rejected and the uncontested amount of items adjusted, less amounts previously paid by the
Owner. The items rejected or adjusted by the Owner shall be due and payable when the
reasons for the Owner's rejection or adjustment have been removed or cured.
6.2.3 Justification for Owner's Adiustment. For the following reasons, the Owner
may reject or adjust an application for payment submitted by the Design-Builder to the extent
necessary to protect the Owner from loss or damage for which Design-Builder is responsible
under this Agreement:
6.2.3.1 The Design-Builder repeatedly fails to perform the Construction Work as
required by the Construction Documents;
6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement
and caused by the Design-Builder, but only to the extent that such loss or damage is not
covered by insurance provided by Design-Builder or by Owner pursuant to the terms of this
Agreement;
6.2.3.3 The Owner receives notice that the Design-Builder has failed to pay Design
Consultants, Subcontractors, or other persons supplying materials, equipment or supplies
incorporated into the Construction Work, when the Owner has paid the Design-Builder for such
Construction Wo�k;
6.2.3.4 The Design-Builder fails to correct Defective Work in a timely manner as
provided in this Agreement; or
6.2.3.5 If the unpaid balance of the Contract Price is insufficient to pay for the cost to
complete the Construction Work required under this Agreement.
6.2.3.5 When the above basis for rejecting or adjusting an application for payment
has been removed, the Owner will make payment within thirty (30) days to the Design-Builder
for the amounts previously withheld.
6.2.4 Retainaqe Before Substantial Completion. From each progress payment
made prior to the time of Substantial Completion of the Construction Work, the Owner may
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retain five percent (5%) of the amount otherwise due under this Agreement.
6.2.5 Retainaqe After Substantial Completion. Upon Substantial Completion
of the Construction Work, the Owner shall pay the Design-Builder the unpaid balance of the
Contract Price, less a sum equal to 150% of the Design-Builder's estimated cost of completing
any unfinished items, as agreed to between the Owner and the Design-Builder. The Owner
thereafter shall pay the Design-Builder monthly the amount retained for unfinished items as
each item is completed.
6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design-Builder at
the time payment of any amount becomes due, and such amount remains unpaid for a period of
seven (7) days, then (i) within three (3) Owner business days after the Owner's receipt of notice
from the Design-Builder of the Design-Builder's intention to cease work on the Project, the
Design-Builder may stop all work on the Project until full payment of the amount owing has been
received by the Design-Builder and (ii) within seven (7} days after the Owner's receipt of notice
of termination from the Design-Builder, the Design-Builder may terminate this Agreement.
Payments due but unpaid pursuant to this Agreement shall bear interest at the rate set forth for
past due construction payments in Chapter 2251 of the Texas Government Code.
6.2.7 Warrantv of Clear Title. The Design-Builder warrants and guarantees
that title to all work, materials, and equipment covered by an application for payment, whether
incorporated in the Project or not, will pass to the Owner upon receipt by Design-Builder of
payment for the application for payment, free and clear of all liens, claims, security interests, or
encumbrances. The Owner's payment of an application for payment, whether in whole or in
part, shall not be deemed acceptance of any Construction Work not conforming to the
requirements of the Construction Documents, it being the duty and responsibility of the Design-
Builder to perform the Construction Work in accordance with the requirements of the
Construction Documents.
6.3 Final Pavment.
6.3.1 Upon completion of all work under this Agreement, including punch list work,
Design-Builder shall submit an invoice to Owner for the final Contract Price, less progress
payments previously received (the "Final Invoice").
6.3.2 Owner shall have 30 days to review and audit Design-Builder's Final Invoice.
If the Owner disagrees with the Design-Builder's Final Invoice notice thereof shall be provided to
Design-Builder not later than 35 days following Design-Builder's submission of its Final Invoice.
Such notice of disagreement must describe in detail those portions of the Final Invoice disputed
and the reason(s).
6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall
nevertheless be made for the undisputed balance, if any, due Design-Builder. Such payment of
the undisputed balance is due not later than 45 days following Design-Builder's submission of
the Final Invoice. With respect to the disputed amount of Design-Builder's Final Invoice the
parties shall meet within the 30-day period following Owner's notice of disagreement and
attempt to resolve the dispute by agreement. If that process is unsuccessful, the Owner and
Design Builder shall submit the dispute to non-binding mediation, and if such mediation is
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OWQM Project — Water Department (January 2014)
unsuccessful in resolving the dispute, either Owner or Design-Builder may bring suit in a court
of competent jurisdiction located in Tarrant County, Texas.
6.3.4 In the event the final total Contract Price payable under this Agreement is less
than the sum of progress payments previously received, Design-Builder shall refund the amount
of such excess progress payments received to Owner within 10 days following the final
determination of the final total Contract Price. Any refund not so made shall bear interest at the
rate of ten percent (10%) per annum.
6.3.5 Owner shall pay Design-Builder interest at the rate set forth for past due
construction payments in Chapter 2251 of the Texas Government Code on any amounts not
timely paid under this Agreement. To the extent any disputed entitlement to payment is
resolved in favor of the Design-Builder, such interest shall be paid on the amount determined to
be due Design-Builder from the original due date of the disputed payment.
ARTICLE 7- CHANGES IN THE WORK
7.1 Chanqes in the Work. Changes in the Construction Work which are within the general
scope of this Agreement may be accomplished by Change Order as provided in paragraph 7.2,
a Work Change Directive as provided in paragraph 7.3, or a Minor Change in the Work as
provided in paragraph 7.4.
7.2 Chanqe Orders. The Owner may order changes in the Construction Work within the
general scope of the Construction Documents by a Change Order. All such changes in the
Construction Work shall be authorized by the Owner pursuant to a written change order
executed by the Owner and the Design-Builder, and shall be perFormed under applicable
conditions of the Contract Documents. Each adjustment in the Contract Price and/or Contract
Time resulting from a Change Order shall clearly separate the amount attributable to design
services. The Owner and the Design-Builder shall negotiate in good faith an equitable
adjustment to the Contract Price and the Contract Time and shall conclude these negotiations
as expeditiously as possible. Neither the Design-Builder nor the Owner shall unreasonably
withhold acceptance of the Change Order, any adjustment in the Contract Price, and/or
Contract Time.
7.3 Work Chanqe Directive. In the event the Owner and the Design-Builder cannot agree
on an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a
Work Change Directive, directing a change in the Construction Work if the changed work is
within the general scope of the Construction Documents. If the Owner issues a Work Change
Directive, the Design-Builder shall provide an accounting to the Owner for all extra costs
incurred by the Design-Builder as a result of the Work Change Directive. The Design-Builder
shall also record all extra time required for the completion of the work required by the Work
Change Directive. The Contract Price will be increased by the amount of such additional costs
plus fifteen percent (15%) of such costs for Design-Builder's overhead and profit. The Design-
Builder will also be entitled to an extension of the Contract Time that corresponds with the
additional time required to complete the work under the Work Change Directive. If the Owner
and Design-Builder subsequently agree to the adjustments in the Contract Price and the
Contract Time for work under the Work Change Directive, such agreement shall be documented
by completion of a Change Order.
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7.4 Minor Chanqes in the Work. Design-Builder, with the written approval of the Owner,
may make minor changes in the design and construction of the Project consistent with the intent
of the Contract Documents, which do not involve an adjustment of the Contract Price and/or the
Contract Time, and which do not materially or adversely affect the design of the Project, the
quality of any of the materials or equipment specified in the Construction Documents, the
performance of any equipment or systems specified in the Construction Documents, or the
quality of workmanship required by the Construction Documents.
7.5 Differinq Site Conditions. If Design-Builder encounters a Differing Site Condition,
Design-Builde� will be entitled to an adjustment in the Contract Price, and/or the Contract Time,
to the extent that the Differing Site Condition adversely impacts design-Builder's costs and/or
time of performance. Upon encountering a manmade Differing Site Condition, Design-Builder
shall provide written notice to Owner of such condition, which notice shall not be later than five
(5) business days after the impact of such Differing Site Condition has been determined by
Design-Builder. Design-Builder waives any claim for additional time and/or compensation for
failure to provide written notice as required herein
ARTICLE 8- INDEMNITY INSURANCE AND BONDS
8.1 Indemnitv. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
INCLUDING CHAPTER 151 OF THE TEXAS INSURANCE CODE AND CHAPTER 130 OF
THE TEXAS CIVIL PRACTICE 8� REMEDIES CODE, DESIGN-BUILDER COVENANTS AND
AGREES TO, AND DOES HEREBY INDEMNIFY, AND HOLD HARMLESS THE OWNER, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST At�Y AND ALL
CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REA� OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ITS OFFICERS, AGENTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER OR NOT CAUSED IN
WHO�E OR IN PART BY ALLEGED NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES
AND OF OWNER. DESIGN-BUILDER DOES HEREBY COVENANT AND AGREE TO ASSUME
ALL LIABILITY AND RESPONSIBILITY OF OWNER, ITS OFFICERS, AGENTS, SERVANTS
AND EMP�OYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR PERSONAL INJURIES,
INC�UDING DEATH, TO ANY AND AL� PERSONS OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR LICENSEES.
DESIGN-BUI�DER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL
INJURIES, LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE
OF THIS AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR
RESULTING FROM, IN WHOLE OR IN PART, ANY AND A�L ALLEGED ACTS OR
OMISSIONS OF OWNER'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, OR LICENSEES. THE INTENT OF THIS
PARAGRAPH IS TO REQUIRE DESIGN-BUILDER TO INDEMNIFY THE OWNER FOR ITS
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SOLE OR CONCURRENT NEGLIGENCE; PROVIDED, HOWEVER, THIS INDEMNITY SHALL
NOT BE CONSTRUED SO AS TO REQUIRE THE ENGINEER(S) TO INDEMNIFY OWNER OR
ANYONE UNDER OWNER FOR THE OWNER'S SOLE NEG�IGENCE.
8.2 Desiqn-Builder's Liabilitv Insurance. The Design-Builder shall obtain and maintain
insurance coverage for the following claims which may arise out of the performance of this
Agreement, whether resulting from the Design-Builder's operations or from the operations of
any Subcontractors, their employees, or by an individual or entity for whose acts they are liable:
8.2.1 Claims under Workers' Compensation statutes or other disability benefits
statutes applicable to the Construction Work;
8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury,
occupational sickness, disease or death claims of the Design-Builder's employees;
8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not
employed by the Design-Builder;
8.2.4 Claims for personal injury disability for damages directly or indirectly related to
the person's employment by the Design-Builder;
8.2.5 Claims for damage to or destruction of tangible property;
8.2.6 Clairns for bodily injury, death, or property damage re�ulting from motor
vehicle liability for motor vehicles used or operated by the Design-Builder; and
8.2.7 Claims for contractual liability involving the Design-Builder's obligations under
the indemnity provided in this Agreement.
8.2.8 Claims for loss of use of Owner's property located at the Project site occurring
before Substantial Completion.
8.2.9 Claims for damage to boiler and machinery located at the Project site
occurring before Substantial Completion.
8.2.8 The Design-Builder's liability insurance policies shall be written for not less
than the following limits of liability:
Commercial General Liability Insurance:
(a) Each occurrence limit: $1,000,000
(b) General Aggregate: $2,000,000
(c) Products/Completed Operations Aggregate: $2,000,000
(d) Personal and advertising Injury Limit: $2,000,000
Automobile Liability
$1,000,000 each accident on a combined single limit basis
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Or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
A commercial business policy shall provide coverage on "Any Auto", defined as
autos owned, hired and non-owned.
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Bodily Injury/Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with
statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01
et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' �iability of
$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and
$100,000 per disease per employee
8.2.9 Commercial General Liability Insurance may be arranged under a single policy
for the full limits required or by a combination of underlying policies a�d an excess of umbrella
liability policy. The policy shall contain a provisions that coverage will not be cancelled or not
renewed until at least thirty (30) days prior written notice has been given to the Owner.
Certificates of insurance showing required coverage to be in force shall be filed with the Owner
prior to commencement of the Construction Work. Products and completed operations
insurance shall be maintained for a minimum period of one year after the date of Substantial
Completion.
8.3 Professional Liability Insurance. The Design-Builder shall obtain or require its Design
Consultants to obtain professional liability insurance for claims arising out of the negligent
performance of the professional services required under this Agreement. The professional
liability insurance shall be written for an amount not less than $2,000,000 per claim and in the
aggregate, with a deductible amount not to exceed $50,000. Such coverage shall be
maintained for a period of three (3) years following the date of final completion.
8.4 Builder's Risk Insurance. The Design-Builder shall obtain and maintain All Risk
Builder's Risk insurance for the Construction Work required under this Agreement. This
insurance shall include as named insureds the Owner and the Design-Builder. This insurance
shall include all risk insurance for physical loss or damage including without duplication of
coverage, at least: theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm,
falsework, temporary buildings, debris removal, testing, and demolition resulting from
enforcement of any applicable legal requirements.
8.5 Additional Insurance Requirements.
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8.5.1 The Owner, its officers, employees and servants shall be endorsed as an
additional insured on Design-Builder's insurance policies excepting employer's liability insurance
coverage under Design-Builder's workers' compensation insurance policy.
8.5.2 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.
8.5.3 Any failure on part of the Owner to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
8.5.4 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.
8.5.5 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.
8.5.6 Deductible limits, or self-funded retention limits, on each policy must not
exceed $10,000.00 per occurrence unless otherwise approved by the Owner.
8.5.7 Other than worker's compensation insurance, 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.
8.5.8 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.
8.5.9 Owner shall not be responsible for the direct payment of insurance premium
costs for Design-Builder's insurance.
8.5.10 Design-Builder'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.
8.5.11 In the course of the project, Design-Builder 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.
8.5.12 Design-Builder's liability shall not be limited to the specified amounts of
insurance required herein.
8.5.13 Upon the request of Owner, Design-Builder shall provide complete copies of
all insurance policies required by these contract documents.
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8.5.14 Owner and Design-Builder waive all rights of recovery and subrogation with
regard to all causes of property and/or liability loss and shall cause a waiver of subrogation
endorsement to be provided on all insurance carried by the parties. Owner or Design-Builder,
as appropriate, shall require of the Design Consultants, Other Contractors, if any, and the
subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate
agreements, written where legally required for validity, similar waivers each in favor of other
parties enumerated herein. The policies shall provide such waivers of recovery and subrogation
by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity
even though that person or entity would otherwise have a duty of indemnification, contractual or
otherwise, did not pay the insurance premium directly or indirectly, and whether or not the
person or entity had an insurable interest in the property damage and/or liability loss incurred.
8.6 Bonds and Other Performance Securitv.
8.6.1 The Design-Builder shall give the Owner surety in a sum equal to the amount
of the Guaranteed Maximum Price, as reduced by cost of the design services.
Within ten days of the date the Design-Builder executed this Agreement, the Design-Builder
shall provide financial security in an amount acceptable to Owner ensuring that the Design-
Builder will furnish payment and perFormance bonds. Alternatively, if no Guaranteed Maximum
Price has been determined, Design-Builder may deliver perFormance and payment bonds in the
amount of the construction budget, as specified in the design criteria package.
All bonds furnished hereunder shall not include that portion of design services costs and shall
meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In order
for a surety to be acceptable to the Owner, it must meet the requirements of Chapter 3503,
Texas Insurance Code.
8.6.2 If the total Guaranteed Maximum Price, exclusive of the cost of the design
services, is $25,000 or less, payment to the Design-Builder 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.
8.6.3 A maintenance bond in the like amount of the Performance and Payment
Bonds, to guarantee the work for a period of one (1) year after the date of acceptance of the
project from defects in workmanship and/or material shall be provided by Design-Builder.
8.6.6 No sureties will be accepted by the Owner that are at the time in default or
delinquent on any bonds. At the time of execution of this Agreement, the Owner will notify the
Design-Builder of any sureties which are in default or delinquent of any bonds with the Owner.
8.7 DESIGN-BUILDER COMP�IANCE WITH WORKER'S COMPENSATION LAW:
8.7.1 Definitions:
8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage agreement
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OWQM Project — Water Department (January 2014)
(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.
8.7.1.2 Duration of the project includes the time from the beginning of the work on the
project until the Design-Builder's/person's work on the project has been completed and
accepted by the governmental entity.
8.7.1.3 Persons providing services on the project ("subcontractor" in DEFINE CODE
SECTION §406.096) includes all persons or entities performing all or part of the services the
Design-Builder has undertaken to perForm on the project, regardless of whether that person
contracted directly with the Design-Builder and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner operators, employees of any such entity, or employees of any
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.
8.7.2 Design Builder 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) or all employees of the
Design-Builder providing services on the project, for the duration of the project.
8.7.3 Design Builder must provide a certificate of coverage to the governmental
entity prior to being awarded the contract.
8.7.4 If the coverage period shown on the Design-Builder's current certificate of
coverage ends during the duration of the project, the Design-Builder must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
8.7.5 The Design-Builder shall obtain from each person providing services on a
project, and provide the governmental entity:
8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
8.7.5.2 No later than seven days after receipt by the Design-Builder, 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.
8.7.6 The Design-Builder shall retain all required certificates of coverage for the
duration of the project and for one year thereafter.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 21 of 27
OWQM Project — Water Department (January 2014)
8.7.7 The Design-Builder shall notify the governmental entity in writing by certified
mail or personal delivery, within ten (10) days after the Design-Builder knew or should have
known„ of any change that materially affects the provision of coverage of any person providing
services on the project.
8.7.8 The Design-Builder shall post on each project site a notice, in the text, form
and manner prescribed by the Texas Worker's Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and stating how
a person may verify coverage and report lack of coverage.
8.7.9 The Design-Builder shall contractually require each person with whom it
contracts to provide services on a project, to:
8.7.9.1 Provide coverage, based on proper reporting on classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
8.7.9.2 Provide to the Design-Builder, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all employees of
the pe�son providing services on the project, for the duration of the project;
8.7.9.3 Provide the Design-Builder, 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;
8.7.10 Obtain from each other person with whom it contracts, and provide to the
Design-Builder:
8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on
the project; and
8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
8.7.11 Retain all required certificates of coverage on file for the duration of the project
and for one year thereafter.
8.7.12 Notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
8.7.13 Contractually require each person with whom it contracts, to perform as
required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for
whom they are providing services.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 22 of 27
OWQM Project — Water Department (January 2014)
_ 8.7.14 By signing this contract or providing or causing to be provided a certificate of
coverage, the Design-Builder is representing to the governmental entity that all employees of
the Design-Builder who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project, that the coverage will be based on
proper reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the
- commission's Division of Self-Insurance Regulation. Providing false or misleading information
may subject the Design-Builder to administrative, criminal, civil penalties or other civil actions.
8.7.15 The Design-Builder's failure to comply with any of these provisions is a breach
of contract by the Design-Builder which entitles the governmental entity to declare the contract
void if the Design-Builder does not remedy the breach within ten days after receipt of notice of
breach from the governmental entity.
8.7.16 The Design-Builder 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 workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
Call the Texas Worker's Compensation Commission at (512) 4403789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage".
ARTICLE 9- SUSPENSION AND TERMINATION OF THE AGREEMENT
9.1 Suspension bv the Owner for Convenience. Owner may order Design-Builder in
writing to suspend, delay or interrupt all or any part of the Work without cause for such period of
time as the Owner may determine to be appropriate for its convenience without additional
compensation to the Design-Builder. To the extent the time for perFormance of the Construction
Work is impacted by such suspension, delay or interruption an equitable adjustment shall be
made in the Contract Price and/or Contract Time. No adjustment shall be made if the Design-
Builder is or otherwise would have been solely responsible for the suspension, delay or
interruption of the Construction Work, or if another provision of this Agreement is applied to
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 23 of 27
OWQM Project — Water Department (January 2014)
render an equitable adjustment.
9.2 Termination bv the Owner for Cause.
9.2.1 If Design-Builder persistently fails to perform any of its obligations under this
Agreement and fails within seven days after receipt of written notice from Owner of such failure
to commence and continue correction of such failure, then the Owner may undertake to perform
such obligations. The costs incurred by the Owner in performing such obligations may be
deducted from the Contract Price.
9.2.2 If Design-Builder fails to cure upon seven (7) days' written notice to Design-
Builder and Design-Builder's surety, Owner may, after seven days following receipt by the
Design-Builder of an additional written notice, terminate this Agreement for any of the following
reasons:
9.2.2.1 If Design-Builder persistently utilizes improper materials and/or inadequately
skilled workers;
9.2.2.2 If Owner receives notice that the Design-Builder has not made proper
payment to laborers, material suppliers or Subcontractors, provided that the Owner has fully
paid to the Design-Builder in accordance with the terms of this Agreement, the payment sought
by such laborers, material suppliers or Subcontractor; or
9.2.2.3 If Design-BuildEr persistently fails to abide by the orders, regulations, rules,
ordinances or laws of governmental authorities having jurisdiction; or
9.2.2.4 If Design-Builder is in material breach of any other requirement of the Contract
Documents.
9.2.3 Owner may terminate this Agreement for cause if Design-Builder files a
petition under the Bankruptcy Code, and Design-Builder or the Design-Builder's trustee rejects
the Agreement or, if there has been a default, the Design-Builder is unable to give adequate
assurance that Design-Builder will perform as required by this Agreement or otherwise is unable
to comply with the requirements for assuming this Agreement under the applicable provisions of
the Bankruptcy Code.
9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or
9.2.3, upon the request of the Design-Builder, the Owner shall provide a detailed accounting of
the obligations or work of the Design-Builder performed by Owner and the cost incurred by the
Owner in perForming such obligations or work.
9.3 Termination bv the Owner Without Cause. If Owner terminates this Agreement other
than as set forth in paragraph 9.2, then Owner shall pay Design-Builder for all work completed
as of the termination date (including any withheld retainage), plus all proven losses, costs or
expenses incurred in connection with demobilization and termination of the Construction Work.
Design-Builder shall not be entitled to any compensation for lost or anticipated profits.
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 24 of 27
OWQM Project — Water Department (January 2014)
9.4 Termination bv the Desiqn-Builder.
9.4.1 Upon seven (7) days' written notice to the Owner, the Design-Builder may
terminate this Agreement for any of the following reasons:
9.4.1.1 if the Work has been stopped for a sixty (60) day period;
9.4.1.2 if the Owner suspends the Work for sixty (60) days;
9.4.1.3 if the Owner fails to furnish reasonable evidence that sufficient funds are
available and committed for the entire cost of the Project; or
9.4.1.4 if the Owner has for seven (7) days failed to pay the Design-Builder pursuant
to Subparagraph 6.2.
9.4.2 Upon termination by the Design-Builder in accordance with paragraph 9.4.1,
the Design-Builder shall be entitled to recover payment from the Owner as if the Owner had
terminated this Agreement under paragraph 9.3. Design-Builder shall not be entitled to any
compensation for lost or anticipated profits.
ARTICLE 10 — MINORITY/WOMEN BUSINESS ENTERPRISE PARTICIPATION
1.1 The goals of eighteen percent (18%) for design and twenty-one percent (21%)
for construction ha�e been established for Minority and Women Business Enterprise
_ (M/WBE) participation in this Agreement. Design-Builder shall fully comply with all
requirements of Owner of Fort Worth Ordinance No. 15530 in meeting this established
goal.
1.2 In accord with City of Fort Worth Ordinance No. 15530, Owner has goals for the
participation of minority business enterprises and woman business enterprises in Owner's
- contracts. Design-Builder acknowledges the M/WBE goal established for this contract and
its commitment to meet that goal. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Design-Builder may result in the
termination of this agreement and debarment from participating in Owner contracts for a
period of time of not less than three (3) years.
ARTIC�E 11 - MISCELLANEOUS
11.1 Notices. All notices required to be given under this Agreement shall be deemed
delivered when deposited in the United States mail, first class postage prepaid, addressed to
- the recipient at:
DESIGN-BUILDER
CP&Y, Inc.
1820 Regal Row, Suite 200
Dallas, TX 75235
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 25 of 27
OWQM Project — Water Department (January 2014)
CITY OF FORT WORTH
Architectural Services Manager
Facilities Management Group
Transportation and Public Works Department
401 West 13th Street
Fort Worth, TX 76102
11.2 Conflict in Terms. In the event there is a conflict between the terms of this
Agreement, and any other Contract Document, the terms of this Agreement shall control over
the other Contract Documents.
11.3 Governinq Law. The laws of the State of Texas shall govern this Agreement and
the parties agree that any suit arising out of or relating to this Agreement shall be exclusively in
Tarrant County, Texas.
11.4 No Waiver of Performance. The failure of either the Owner or the Design-Builder
to insist, in any one or more instances, on the performance of any of the terms, covenants or
conditions of this Agreement, or to exercise any rights under this Agreement, shall not be
construed as a waiver or relinquishment of such term, covenant, condition or right with respect
to further performance.
11.6 Severabilitv. The partial or complete invalidity of any one or more provisions to this
Agreement shall not affect the validity or continuing force and effect of any other provision.
11.7 Riqht to Audit.
11.7.1 Design-Builder agrees that Owner shall, until the expiration of three (3) years
after final payment under this contract, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers and records of the Design-Builder involving
transactions relating to this Agreement. Design-Builder agrees that the Owner shall have
access during normal working hours to all necessary Design-Builder facilities and shall be
provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. Owner shall give Design-Builder reasonable advance notice of
intended audits.
11.7.2 Design-Builder shall include in all its subconsultant agreements and
subcontracts hereunder a provision to the effect that the subconsultant and/or subcontractor
agree that the Owner shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine and photocopy any directly pertinent
books, documents, papers and records of such subconsultant or subcontractor involving
transactions to the sub-agreement, and further, that Owner shall have access during normal
working hours to all subconsultant or subcontractor facilities, and shall be provided adequate
and appropriate work space, in order to conduct audits in compliance with the provisions of this
section. Owner shall give subconsultants or subcontractors reasonable advance notice of
intended audits.
11.7.3 Design-Builder agrees to photocopy such documents as may be requested by
Owner, and further agrees to include such a provision in any subconsultant or subcontractor
Design-Build Agreement Between Owner and Design-Builder on Open Book Price Basis Page 26 of 27
OWQM Project — Water Department (January 2014)
agreement. Owner agrees to reimburse for the cost of copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed.
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11.8. Additional Compensation Anywhere in this Agreement where Design-Builder may be
entitled to additional compensation, the calculation to determine such additional compensation
shall not include any costs or expenses for any home-office overhead and expenses, and shall
be limited to the costs incurred at the Project site, examples of which include Project site trailer,
Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and
Project Manager (based on hourly rate) and like Project site specific costs.
List of Exhibits:
Exhibit A: Basis of Design for Online Water Quality Monitoring System
This Agreement is entered into
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OWQM Project — Water Department (January 2014)
_�----------�—•- Page 27 of 27
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Exhibit A
Basis of Design for Online Water Quality Monitoring System
The Online Water Quality Monitoring (OWQM) System Project is to deliver to the CITY a
network of five (5) water quality monitoring stations in the water distribution system and an
event detection system (EDS) to analy2e the information from these stations to detect water
quality abnormalities. This system will integrate real-time monitoring systems that will provide
operational water quality monitoring and early-warning contamination detection. The
preliminary design for the OWQM Stations and their locations was completed by CH2M-Hill in a
Technical Memorandum dated July 5, 2011, attached to this Basis of Design as Exhibit 1.
Changes to this Technical Memorandum include adding the Westside WTP and changing the
location of South Haslett #2 to Fire Station No. S. A Technical Memorandum addressing the
Westside WTP design is attached as Exhibit 2. The Design—Builder will use this preliminary
design information as the basis for the development of the final design documents.
Scope of Work
Task 1. Engineering.
Engineering services will include the following items.
a) Project Management
i) Management of the Design—Builder's Team
(1) Lead, manage and direct design team activities
(2) Oversee quality control of the work
(3) Communicate internally among team members
(4) Task and allocate team resources
ii) Communications and Reporting
(1) Design—Builder will attend a project kickoff/chartering meeting with the CITY
staff to confirm and clarify scope, understand CITY objectives, and make every
effort to provide an economical and functional solution that meets CITY
requirements.
(2) Prepare and submit monthly invoices in the city format.
(3) Prepare and submit monthly progress reports.
Exhibit A Page 1 10/14/2013
(4) Prepare and submit baseline Project Schedule initially, and Project Schedule
updates.
- iii) Project Workplan. Design—Builder's Project Manager will provide the project
workplan, which will include:
(1) Project Introduction
(2) Scope of Work
(3) Design—Builder's Team Members Contact Information
(4) Schedule and Key Milestones
(5) Manage Project Documentation on the cit�s Buzzsaw site
(6} Project Confidentiality Requirements
(7) Health and Safety Plan
(8) Quality Assurance Plan
(9) The workplan will serve as the roadmap for the successful delivery of the project
and will be available for all team members on the City's Project Buzzsaw Site.
iv) Assumptions
(1) 4 monthly progress meetings with CITY staff. No progress meetings will be
required during EDS development and maintenance support phases.
(2j 4 monthly schedule updates with schedule narrative describing any current or
antici�ated schedule changes progress reports will be preparecf. No schedules
will be delivered during EDS development and maintenance support phases.
" v) Deliverables
(1) Monthly invoices
(2) 4 Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
b) The Design—Builder will provide: Design for two OWQM Stations, Design Updates and
Engineering Support for Fabrication of Five OWQM Stations
i) The preliminary design for three of the OWQM stations was completed as part of a
prior task order. The Design—Builder will update the design of the original three
stations to incorporate changes finalized during and since the original design review.
- ii) The Design—Builder will provide the panel and process design of two additional
OWQM stations (Westside WTP, Fire Station 8) the updates to the design of the
original three stations to incorporate changes finalized during the design review, and
_ engineering support to the fabrication of five OWQM stations. A total of five OWQM
Stations are to be fabricated.
Exhibit A Page 2 10/14/2013
iii) Engineering Support to OWQM Station Fabrication. The Design—Builder will monitor
the technical activities of the OWQM cabinet fabricator at the factory and will
provide guidance and design interpretation as necessary.
iv) Deliverables
(1) OWQM Fabrication Drawings for new stations and finalized drawings in .PDF
format for previously approved stations.
(2) The Design—Builder will provide shop drawings review for:
(a) Mechanical shop drawings for 5 stations (Rolling Hills, South Holly, Eagle
Mountain, Fire Station 8 and Westside WTP)
(b) Electrical shop drawings for5 stations (Rolling Hills, South Holly, Eagle
Mountain, Fire Station 8, and Westside WTP)
(c) Structural shop drawings for 5 stations (Rolling Hills, South Holly, Eagle
Mountain, Fire Station 8, and Westside WTP)
(3) Assumptions
(a) Total of 15 shop drawing submittals for review and approval.
(b) PDF Record drawings will be prepared on the basis of information compiled
c) Installation Assistance and Commissioning of Five OWQM Stations
i) A total of five OWQM Stations are to be installed and commissioned.
ii) The Design—Builder will provide technical advice assist with the installation of the
OWQM stations
d) OWQM Station Start-up and Training
i) The Design—Builder will lead and coordinate the start-up and commissioning of the
OWQM stations, and will arrange for instrument factory technicians to perform
start-up and initial calibration of their equipment.
ii) Testing, troubleshooting, and calibration of the OWQM sensors and stations as a
whole will occur as part of this activity. Installed water quality monitoring
instrumentation communication will be tested, monitored, and incorporated into
the communication system.
iii) The Design—Builder will provide analyzer-specific manuals as received from the
manufacturers, and all component-specific manuals and manufacturer's data are
received from the monitoring station fabricator. In addition to the manufacturers'
materials, The Design—Builder will develop system-specific documents regarding
standard operating procedures for the overall monitoring stations. These documents
will be incorporated into site-specific Operation & Maintenance manuals, one for
each monitoring station plus one overall system manual for use at a central facility.
Exhibit A Page 3 10/14/2013
iv) Following start-up and commissioning of the monitoring stations, training classes
will be conducted for operation and maintenance of sensors which are new to the
CITY technical staff. This training will be conducted for technical and lab personnel,
- and will be instructed by sensor manufacturer's service technicians. Training
regarding monitoring station standard operating procedures will be presented by
The Design—Builder
v) Deliverables
(1) 1 set of OWQM Station(s) As-Built Drawings, in PDF format
(2) 5 OWQM Station(s) Operation Manuals and 1 Overal) System Manual, in .PDF
format and hard copy.
(3) 2 OWQM System Training Sessions
e) Event Detection System
i) The Event Detection System will forward data to a centralized data management
system for visualization and alerting. This task involves:
(1) The procurement of appropriate computing equipment,
(2) The setup and training for the equipment and management of the Central
- Database.
(3) Development of a Dashboard Gauge View of the monitoring station data.
(4) Development of a data query capability.
ii) Set Up Central Database
(1) The Design—Builder will procure the computing equipment to host the Central
Database. Once procured, The Design—Builder will load the data and configure
the system.
(2) Due to the unique nature of the OWQM mission, data storage and presentation
for OWQM systems is typically maintained separately from water utility SCADA
systems, although some data are frequently shared between the two. The
Design—Builder will configure a centralized data store to house the historical data
from the OWQM stations. The steps involved include:
(a) Creation of a data model
(b) Procurement of the necessary hardware and software for the centralized
data storage and licensed to the CITY.
(c) Configuration of the data management system
(d) For proposed server hardware, Dell PowerEdge R515 - or current equivalent
model.
iii) Deliverables
(1) Centralized Data Store
Exhibit A Page 4 10/14/2013
_.._
(2) Data Management Technical Memorandum
iv) Develop Advanced Data Management and Visualization Tools
(1) Data Management System Customization. Utilizing the Data Management
System, The Design—Builder will develop a visualization tool for the OWQM data.
Visualization methods will be presented and agreed upon in a 3-hour workshop.
The data management and visualization methods will be documented in a
Technical Memorandum.
(2) Deliverables
(a) Data Management System Customization Workshop
(b) Data Management System Customization Technical Memorandum
v) OWQM Station Customization. Based on the system defined as part of the Data
Management System Configuration, The Design—Builder shall configure software
components to fulfill the selected requirements. The Design—Builder will summarize
the customizations in a Technical Memorandum.
vi) Event Detection System and Data Visualization Tools Start-up and Training
(1) The Design—Builder will provide training on the EDS and visualization tools in a 2-
hour presentation. The Design—Builder will develop an EDS Operations Manual.
(2) Upon completion of the initial EDS training, The Design—Builder will analyze the
initially captured data and EDS results. Baseti on this system analysis, The
Design—Builder will customize and tune the EDS to minimize false positives and
optimize overall performance.
(3) Deliverables
(a) EDS and Visualization Tools Training Workshop
(b) EDS Optimization and Tuning
f) Maintenance Support for Six Months
i) Once the system is installed, commissioned and training is completed, The Design—
Builder will continue to provide support for training and maintenance to a limit of:
(1) 96 hours to provide support, QA, maintenance or training for the OWQM
stations. This includes instrument and equipment support and recommended
spares, including one visit for maintenance.
(2) 48 hours to provide support, maintenance or training for the OWQM stations
(3) 48 hours to provide support, maintenance or training for the Event Detection
System, including one on-site visit.
Exhibit A
Page 5
10/14/2013
Task 2. Materials
a) Fabrication of Five OWQM Stations. The Design—Builder will manage and provide the
materials and fabrication of 5 OWQM stations. (Rolling Hills, South Holly, Eagle
Mountain, Fire Station 8, and Westside WTP)
b) Deliverables: 5 OWQM stations. (Rolling Hills, South Holly, Eagle Mountain, Fire Station
8 , and Westside WTP)
Task 3. Installation of Five OWQM Stations
a) The Design—Builder will provide onsite oversight of the Installation of the infrastructure
and 5 OWQM stations. (Rolling Hills, South Holly, Eagle Mountain, Fire Station 8, and
Westside WTP)
b) Install infrastructure and 5 OWQM stations. (Rolling Hills, South Holly, Eagle Mountain,
Fire Station 8 and Westside WTP)
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
The following services are beyond the Scope of Services of the Design—Builder as described in
the tasks above. However, the Design—Builder can provide these services, if needed, upon
City's written request and issuance of a written Change Order. Any additional amounts paid to
the Design—Builder as a result of any change to the Scope of Work shall be agreed upon in
writing by both parties before the services are performed and memorialized in a Change Order
" issued by the City pursuant to Article 7 of the Design-Build Agreement. These additional
services include but not limited to the following:
i) Services related to acquiring real property including but not limited to easements,
rights-of-way, and/or temporary right-of-entries.
ii) Services related to development of the CITY's project financing and/or budget for
the Project.
iii) Services related to disputes over pre-qualification, bid protests, bid rejection and re-
bidding of the contract for construction.
iv) Design phase public meetings
v) Performance of materials testing or specialty testing services, except for services as
set forth in Tasks 1(c) and 1(d) above.
vi) Services related to damages caused by fire, flood, earthquake or other acts of God.
Exhibit A
Page 6
10/14/2013
vii) Services related to warranty claims, enforcement and inspection after final
completion, except for services specifically provided by the Design—Builder as set
forth in Task 1(f) above.
viii)Services related to submitting for permits (for example, TxDOT, railroad, etc.)
ix) Services related to Subsurface Utility Engineering Levels A, B, C or D
x) Services related to Survey Construction Staking
xi) Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
xii) Performance of miscellaneous and supplemental services related to the project as
requested by the CITY.
Exhibit A
Page 7
10/14/2013
Exhibit 1 to Basis of Design
TECHNICAL MEMORANDUM
Site Visit Report
Fort Worth Water Department
June 29, 2011
PREPARED FOR: PT0�2Ct ReCOTCl
PREPARED BY: Gd� JaCObSOri
DATE: JUly J�, 2011
CH2MHILL
Site visits were conducted to confirm installation location conditions and determine any
changes from the site visit conducted a year ago. In attendance from CH were Filipe Pulido,
Chris Macintosh and Gary Jacobson, and George Luke from Gupta Associates. Russ Pior of
the Fort Worth water departrnent accompanied us to each site.
General:
Fort Worth uses Modicon PLCs. All designs should anticipate use of Modicon PLC, power
supply, chassis, input module, output module, terminal strip similar to that listed on
Arlington drawing i132_397154.dgn
Rolling Hills WTP:
The OWQM station will be installed in the old lab. It shall be a wall mount unit with water
supply and drain configured to the right side. Water supply is 1/4' - not the usual l/z'.
Provide a 1/4' -1/i'transition piece at the water manifold inlet.
There is adequate water flow and pressure available, although the specific pressure is not
known.
Flexible drain hoses can simply be run to a nearby existing drain collector. No air gap above
the drain collector must be maintained.
Unistrut must be mounted to the wall to provide a connection point for the OWQM panel.
Electric power is available from an e�cisting outlet unmediately to the left of the installation
location. Alternately, power is available from an existing outlet above and to the right of the
installation location. The Rolling Hilis plant does not have an emergency generator, but is
served by redundant main power feeds, so power should be fairly reliable.
Jerry McMillion, the plant manager advised that an Ethernet cable is available in the lab
room (probably in the enclosed box above the existing instruments) that was previously
used to connect a Hach system to the SCADA system. This cable can be used to connect to
the OWQM, but the other end will have to be changed to a port serving the city network.
FIELD INSTALLATION SITE VISIT REPORT JUNE 29_2011.DOCX
COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL
FORT WORTH WATER DEPARTMENT
JUNE 29, 2011
Plenty of rack space is available in the Rolling Hills TT server room if it is desired to locate
the OWQM servers at this location.
" Design basis shall be the Dallas wall mount system.
- Right side water feed.
- No leak detector.
- No pressure regulator.
- No multi-media outlet
South Holly WTP•
The OWQM station will be installed in the South Holly finished water pump room. It shall
be a wall mount unit with water supply and drain configured to the right side. Water
supply is 1/4" - not the usual 1/i'. Provide a 1/4" -1/z'transition piece at the water manifold
inlet.
There is adequate water flow and pressure available, although the specific pressure is not
known.
A drain collector must be provided. Drain piping will be hard piped by the installing
contractor to the nearby existing drain piping.
Unistrut must be mounted to the wall to provide a connection point for the OWQM panel.
Electric power will have to be run to the OWQM system by extending a nearby existing
circuit.
Connection to the City network is available in the nearby control room. Ethernet will have
to be run from this location to the OWQM.
Design basis shall be the Dallas wall mount system.
- Right side water feed.
- No leak detector.
- Include a pressure regulator.
- No multi-media outlet
Eagle Mountain WTP•
The OWQM station will be installed in the Eagle Mountain water quality lab. It shall be a
wall mount unit with water supply configured from below (include an elbow at the
manifold inlet point). Water supply connection size of 1/2" is appropriate. Existing PVC pipe
must be modified at threaded connections and a flexible supply tube provided and installed
by the installing contractor
There is adequate water flow and pressure available, although the specific pressure is not
known.
" FIELD INSTALtATION SITE VISIT REPORT JUNE 29_2011.DOCX 2
COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL
FORT WORTH WATER DEPARTMENT
' JUNE 29, 2011
Drain hoses may discharge directly to the floor drain immediately below the OWQM
location. OWQM design fo include a loose drain tube support bracket for installation by the
installing contractor.
Unistrut must be mounted to the wall to provide a connection point for the OWQM panel.
Electric power will have to be run to the OWQM system by extending a nearby existing
circuit_
Connection to the City network is available in the nearby server room. An existing wall
outlet may provide a conduit to the server room. Otherwise communication cable must be
run above and through the drop ceiling.
Design basis shall be the Dallas wall mount system.
- Right side water feed.
- No leak detector.
- No pressure regulator.
- No multi-media ouflet
South Haslett #2•
The OWQM station wi11 be installed on the roof slab for an existing pipe vault. It shall be an
enclosed cabinet with water supply and electricai entering from below and drain pipe
exiting on the left side. Door hinge to be located on the right side. Water supply connection
size of 1/2' is appropriate.
Drain to elbow down below ground and run to nearby existing sewer_ (Note: If above
ground drain pipe will need to be heat traced and insulated, it might be better to have the
drain connection discharge down through the slab and then out the side of the vault below
ground.)
Electric power will be run to the OWQM system from the vault power panel. Availability of
spare circuits was not confirmed due to confined space eniry limitations.
Data communication will be configured using digital cellular radio.
Design basis shall include:
- Leak detector.
- Pressure regulator.
FIELD INSTALLATION SITE VISIT REPORT JUNE 29_2011.DOCX 3
COPYRIGHT 2011 BY CH2M HILL, INC. • COMPANY CONFIDENTIAL
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io: Felipe Pulido/FTW, Gary Jacobson/BOS
CC: Ken Thompson/DEN
Froa�a Antuione Bargains
Date: 9/ 14/2011
F�e: City of Fort Worth Westside WTP Site Visit for cabinet location
The site visit to the City of Fort Worth's new Westside Water Treatment Plant took
place on September 14, 2011. The purpose of the visit was to identify the best
location for the Online Water Quality Monitoring station within the plant. Josh Trice
of JQENG led the plant tour. Several locations were investigated and eliminated
when factors of panel access, floor space, flood potential, sample locations, and
drain locations were evaluated. This memo includes photos to show the best
potential locations for the station location, sample connections, �rain locations, and
network connectivity.
OWQM Station
Concrete Pad
Core Drill for Drain
and Sample
The station location selected is outdoors near the high service flow meter vault. The
high service pumps distribute water into two headers that both pass through this
vault. Two sample pipes will be required. Since the vault is uncovered, heat tracing
0
September 14, 2091
will also be required for each sample line. The flowmeters will be insertion type
transit time meters with two on each pipe. Each meter is expected to use two taps.
The photo below depicts new taps but new taps may not be required if the City does
not object to using the existing taps.
The drain line will be plumbed to the existing sump in the vault. The power supply
for the OWQM station can be provided from the High Service Pump Station
Electrical Building. The building has a lighting panel with spare capacity if a
dedicated circuit is required. This building will also have a large control panel with
spare fiber optic cable capacity. Spare fibers will offer the opportunity to connect to
the business LAN via dedicated fiber pairs. These fiber pairs can be separate from
those used for the SCADA system but exist in the same outer jacket.
--_ ----_ _ _ ---_---- __ _ _ __ __.
- ____ Sample Piping
_:�_ ;, �
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' ' �� _��,�.•� Pipe Taps (If
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2
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September 94, 2011
ectrical
?anel
(aPp •)
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(aPp•)
Station
�est to
This station location also provides easy parking access for visits that require
calibration supplies or equipment.
3
3.0 I nsu ra nce ACORD form
. , . _ ._ .._ .. . .
. . . ... . _ __
�°� �
4.0 Preva i I i n Wa e Rate
g g
Ta ble
2013 PREVAILING WAGE RATES
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION
AC Mechanic
AC Mechanic Heiper
Acoustical Ceiling Installer
Acoustical Ceiling Installer Helper
Bricklayer/Stone Mason
Bricklayer/Stone Mason Trainee
Bricklayer/Stone Mason Helper
Carpenter
Carpenter Helper
Concrete Cutter/Sawer
Concrete Cutter/Sawer Helper
Concrete Finisher
Concrete Finisher Helper
Concrete Form Builder
Concrete Form Builder Helper
Drywall Mechanic
Drywall Helper
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Apprentice (Helper)
Electronic Technician
Floor Layer
Floor Layer Helper
Glazier
Glazier Helper
Insulator
Insulator Helper
Laborer Common
Laborer Skilled
Lather
Metal Building Assembler
Metal Building Assembler Helper
Metal Installer (Miscellaneous)
Metal Installer Helper (Miscellaneous)
Metal Stud Framer
Metal Stud Framer Helper
Painter
Painter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
Plumber
Plumber Helper
Reinforcing Steel Setter
Wage Rate
$ 25.24
$ 13.67
$ 16.83
$ 12.70
$ 19.45
$ 13.31
$ 10.91
$ 17.75
$ 14.32
$ 17.00
$ 11.00
$ 15.77
$ 11.00
$ 15.27
$ 11.00
$ 1536
$ 12.54
$ 15.00
$ 11.50
$ 19.63
$ 15.64
$ 20.00
$ 18.00
$ 10.00
$ 21.03
$ 12.81
$ 16.59
$ 11.21
$ 10.89
$ 14.15
$ 12.99
$ 16.00
$ 12.00
$ 13.00
$ 11.00
$ 16.12
$ 12.54
$ 16.44
$ 9.98
$ 21.22
$ 15.39
$ 16.17
$ 12.85
$ 21.98
$ 15.85
$ 12.87
Page 1 of 2
Reinforcing Steel Setter Helper
Roofer
Roofer Helper
Sheet Metal Worker
Sheet Metal Worker Heiper
Sprinkler System Installer
Sprinkler System Installer Helper
Steel Worker Structural
Steel Worker Structural Helper
Waterproofer
Equipment Operators
Concrete Pump
Crane, Ciamsheel, Backhoe, Derrick, D'Line Shovel
Forklift
Foundation Drill Operator
Front End Loader
Truck Driver
Welder
Welder Helper
S
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
11.08
16.90
11.15
16.35
13.11
19.17
14.15
17.00
13.74
15.00
18.50
19.31
16.45
22.50
16.97
16J7
19.96
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted
a�d published by the North Texas Construction Industry (Fall 2012) Independentiy compiled by the Lane Gorman
Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The
Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp
Page 2 of 2
5.0 Payment Bond w
Power Attorney
Bond No. TXIFSU 0620007
�,
!II � �
.,.
J
Payment Bond
Document A312TM - 2010
CONTRACTOR:
(Name, legal status and address)
CP&Y, Inc.
1820 Regal Row, Suite 200
Dallas TX 75235
OWNER:
(1Vame, legal status and address)
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
CONSTRUCTION CONTRACT
Date:
Amount: $859,189.60
SURETY:
(Name, legal status and principa! place
of business)
Intemational Fidelity Insurance Company
One Newark Center
Newark, NJ 07102
Description: Design and Construction, Including Fabrication and Installation
(Name and location) Services, on the Online Water Quality Monitoring Systems at
Various Locations for the Fort Worth Water Deparhnent
BOND
Date:
(Not earlier than Construction Contract Daie)
Amount: $647,208.20
Modifications to this Bond: � None ❑ See Section 18
� CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
CP&Y, Inc. International Fidelity Insurance Company
�
Signature,:�l % � .�„ -' Signature:
Name /� j hfc'� s�'im �' zt r N3me Anthony . edy
and Title: �; � �, (�- �, J; �� *', _ � and Title: Attomey-' - act
(Any additional signatutes appear on the last page of this Payment Bond.)
(FOR IIVFORMATION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Regions Insurance, Ina (Architect, Engineer or other party:)
400 Convention Street, Suite 200
Baton Rouge, LA 70802
225.927.7575
�-
�
�.
�.
�
Init. A�A Document A312TM — 2010. The American Institute ofArchitects.
This document has important legal
consequences. Consultation with
an attomey is encouraged with
respect to its completion or
modifiqtion.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
piural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
PerFormance and Payment Bond.
osi�io
5
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perforxnance of the
Construction Contract, which is incorporated herein by reference, subject to the foliowing terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13 )
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have fumished a written notice of non-payment to the Contractor, stating with substantiai accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that aze undisputed and the basis for challenging any amounts that aze disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to dischazge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attomey's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 T'he Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 73, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
I�It. AIA DocumeM A312TM — 2010. The American Institute of Archkects.
6
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligarions of the Contractor that are
- unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration ofone year from the date (1) on which the Claimant sent a C1aim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (l ) or (2) first occurs. If the
provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicabie.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their sigr►ature appeazs. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so fumished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant:
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
- .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
fumished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in
the performance of the Construction Contract;
- .6 the total amount eamed by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the totai amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Ciaimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an appiicable mechanic's lien
or similar statute against the real properiy upon which the Project is located. The intent of this Bond shall be to
- include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construcrion Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
fumished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and al) changes made to the agreement and the Contract Documents.
Init. A�A Document A312TM — 2010. The American InstBute of Architects.
%
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§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construcrion Contract.
§ 16.5 Cont�2Ct DoCuments. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Sond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows: None
(Space is provided below for additional sigrratures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an originai AIA Contract Docur�en� on which this text appears in RED. An original assures that
changes wifl not be obscured.
�
�'
�
I�It. AIA Document A372TM — 2070. The American Institute of Architeds.
$
> �,
,! Tel{973)624-�00 p�aYGR �1-' �.i 1 ��IY� i :' '
ff�tTERNATtONAL FIDELITY INSURANCE GOMPANY ;
; ;.
' A �LLEt�H�NY CASIJA'LTY COMPANY ` �'
,.
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NE1N JERSEY 07102-5207
KNOW`ALL'MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPAIIY , a corporation orga�ized and existing under
the laws of the State of New Jersey� and ALLEGHENY CASUALTI'' COMPANY a corporation organized and' existing'under the laws of the State of
Pennsylvania; having their principal office in the Cityof Newark, New Jersey,'do hereby constitute and appomf
LACIE P. STACKS, ROBERT S. BR01/UN, JACK B: STEHR, JR., STEPHEN J. GAFFNEY,
ANTHONY J. KENNEDY, HARRIET D. LAFLEUR, CHARLES R. LANDRY, WILLIAM D. QUINLAN,
GODFREY'L. MARiNE ' "
' New tberia, LA.
their #rue and lawful attorney(s)-in-fact to execute; seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, 'which are or may be allowed, required or; permitted by law, statute, rule, regulation, conVact or otherwise,
and the execution of such instrument(s) in�pursuance ofi these presents, shall be as binding upon the said WTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers attheir principal offices.
� This Power ofi Attorney is executed, and may be revoked, pursuartt to and by authority of the By-Laws of 1NTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by author�ty of the following resalution adopted by the Board of Directors
� of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dufy held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting,duly held on the 15th day of August, 2000:
�- "RESOLVED, that (1) the President, Vice President, orSecretary of the Corporation shall have the power to appoint, and to revoke the appointments of,
Attomeys-in-Fact ar agents with power and authori�y as defi�ed or fimited in their respective powers of attomey, and to execute on behalf of the Corporation
and'affix the Corporation's seal thereto, bonds, undertakings, recognizances; contracts 'of indemnity and other written obligations in the nature thereof or
- related thereto; and (2) any such O�cers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of
process; and Attomeys-m-factwith authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officerof the
Corporation and the Gorporation's seal may beaffixed by facsimile to any power of attorney or certification given:for the execution of any bond, undertaking,
recognizance, contract of mdemnity orother written obhgation in the nature thereof or �elated thereto, such s�gnature and seals when so used whether
herefofore or hereafter, being hereby :adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the Corporation with the sarne force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY 1NSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 12th day of March, 2012
�_. �,p,�l+�Z?'}.
,�+�'+�;���+��� STATE OF NEW JERSEY � �,�
�, County of Essex � r�'' 7,
��, ���,�° �'���`� ' � -�
. � a'�+41 �
� 13i�4 � � 1 ��� �
�
��''�r����`���,�� ROBERT W. MINSTER * � �
•!,"�f�t ,+; �'� Executive Vice PresidenUChief 0perating Officer F� E�iE�
{Intemational Fidelity lnsurance Company) S��-'�
and President(Allegheny Casualty Company)
� On this' 12th day of March 2012; befo�e me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
'- sworn, said he is She therein described'and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
,_ COMPANY; that iheseafs affixed to said instrument-are the Corporate Seals of said Companies; that the said Corporate Seals and his signatu�e were
duly affixed by order of the Boards of Directors of said Companies. ';.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Officia! Seal,
,yM1���,,.,,,,,,,����, at the City of Newark, New Jersey the day and year first above written.
` .+`� -`1�� y'� �`'`.
: *G`'',;���A,� �'�tr.� ;
,r. ' .� � = �� �
'��` °.AiC} yf?.• �: A NOTARY PUBLIC OF NEW JERSEY
�-,. - � . $�4.
:'.�4���N�`����, My Commission Expires Mar. 27, 2014
� . ''�n,����...��*,�� CERTIFICATION
._ I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of'the Powec of Attomey and affidavit, and the copy of the Seetions of theBy-Laws of said Companies as set forth in said
Powe� of Attomey, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whofe
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this ��{- day of ��w�.�r.,�,7 ���
_ �� : ��---���e�`'
MARIA BRANCO, Assistant Secrefary
,
:
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illli.
i i �
AI
A
Performance Bond
Bond No. TXIFSU 0620007
Document A312TM - 2010
CONTRACTOR:
(11'ame, legal status and address)
CP&Y, Inc.
1820 Regal Row, Suite 200
Dallas TX 75235
OWNER:
(IVame, legal status and address)
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
CONSTRUCTION CONTRACT
Date:
Amount: $859,189.60
SURETY:
(Name, legal status and principal place
of business)
Intemational Fidelity Insurance Company
One Newark Center
Newark, NJ 07102
Description: Design and Construction, Including Fabrication and Installation
(Name and location) Services, on the Online Water Quality Monitoring Systems at
Various Locations for the Fort Worth Water Department
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $647,208.20
Modifications to this Bond: � None ❑ See Section 16
This document has important Iegal
consequences. Consuitation with
an attomey is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety. Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
PerFormance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sgal) Company: (Corporate Seal)
CP&Y, Inc. % International Fidelity Insurance Company
Signature: J ,��v�-� - ' Signature:
Name "� %�%r � t� d �-r /�4 ���-1�� Name Ant ony . enned
and Title: _� f- �; C� .� ���., Jr <<�- and Title: Atto y-' act
(Any additional signatures appear on the last page of this Performance Bond)
(FOR I.�VFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Regions Insurance, Inc. (Architect, Engineer or other party:)
400 Convention Street, Suite 200
Baton Rouge, LA 70802
225.927.7575
AIA Document A312T"' — 2010. The American Institute of Archifects.
061H0
1
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.2
.3
the Owner first provides notice to the Contractor and the Surety that the Owner is considering deciaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Secrion 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
the Owner declares a Conuactor Default, terminates the Construction Contract and notifies the Surety;
and
the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Secrion 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepazed for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construcrion Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable prompmess, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. lf the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in ��hole or in part, without further notice the Owner shall be entitled to enforce any
remedy avai(able to the Owner.
��� AIA Document A312TM — 2010. The American Institute of Architects.
2
§ 7 If the Surety elects to act under Section 5.1, 52 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibiliries of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contxact Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for conection of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actua(
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 53 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that aze unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives norice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two yeazs after a declaration
of Contractor Default or within two years after the Contractor ceased working or within rivo yeazs aRer the Surety
refuses or fails to perform its ob]igations under this Bond, whichever occurs first. If the provisions of this Parat,�raph
are void or prohibited by law, the minimum period of limitarion available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construcrion
Contract after all proper adjustments have been made, inciuding allowance to the Contractor of any amounts received
or to be reeeived by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under t}�e Construction
Contract.
§ 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documenu.
§ 14.3 Contraetor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
(Illt. A�A Doeument A312TM — 2070. The American Institute of ArchRects.
§ 16 Modifications to this bond are as follows: None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You shou9d sign an originai AIA Contract Docurr�ent, on which thls text appears in RED. An originat assures :ha:
changes will not be obscured.
Init AIA Document A312T"" — 2010. The American Institute of Architects.
4
�:
Te1�973)624w�2o4 POlt10ER +�F �T�'�:RNEY
' fNTERNATION�L FIDELITY INSURANCE C�iVIPANY �
A �LLEGHENY C�kSUALTII COMPANY
ONE NEINARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW'ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPAM' , a corporation organized and ' existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the Stafe of
Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby oonstitute and appoint
LACIE P. STACKS, ROBERT S. BROWN, JACK B. STEHR, JR., STEPHEN J. GAFFNEY,
` ANTHONY J. KENNEDY, HARRIET D. LAFLEUR, CHARLES R: LANDRY, WtLLIAM D. QUINLAN, ; ;
� GODFREY L MARINE ' '`
�,
'' New Tberia; LA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
' and other writings obligatory in the nature thereof, which are or may be allowed, required or. permitted by law, statute, rule, regulation, contract or otherwise,
and the execufion of such instrument(s) in pursuance of these presents, shall be as bmding upon the said INTERNATIONAL FIDELITY INSURANCE
�� COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
_. acknowledgedby their,regularlyelected officers at#heir principal offices.
�-. This Power 'ofi Attorney is executed, and may be �evoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authordy of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELII"Y INSURANCE COMPANY at a meeting du�ly held onthe 20th day of July, 2010 and by the Board of D�rectors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED; that (1) the President, Vice President, or Secretary of the Corporation shall have #he power to appoint, and to revoke the appointments of,
Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation
and affix the £orporation's seal thereto, bonds, undertakings, recognizances, contracfs of indemniry and other written obligations in the nature thereof or
related thereto; and {2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of
process, and Attorneys-m-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the
Corporation'and the Gorporation's seal may be affixed by facsimile to any power ofattomey or certification given for the execution of'any bond, undertaking,
recognizance, contract of Endemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether
heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the Corporation with the same force and effect as,though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY iNSURANCE COMPANY ,and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 12th day of March, 2012.
��,. �� �,�,s�a�ra- c�
�°�.��� I�,i�i STATE OF NEW JERSEY �
� � County of Essex � �
,� ��� ���� � �
, � �, i �� �, � _ � 1 �3�6 -`
�+r�'` ���� �` ROBERT W. MINSTER �` �
`�.�,�� ,�, �� Executive �ce PresidenUChief Operating Officer "��,��5,���FtSt�
{International Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 12th day, of March 2012, before me came the individual who executed thepreceding instrumsnt, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
,_, , COMPANY ; thaf the seals affixed to said instrument are the Corporete Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by orderof the Boards'of Directors of said Companies. ;
IN TESTIMONY WHEREOF, I have hereunto set my hand affixedmy Official Seal,
M1���„ti„�.,,r��r at the City of Newark, New Jersey the day and year first above written.
, . `��� ���� '�I� . ��+yr, . � . . . � . �:
' �G��p����i���!`
= �"' �' � - C �l��Z��� �
����'•.'A r`'''.�' �" A NOTARY PUBUC OF NEW JERSEY
'El8�4� . ��,:
�%�'pi� `'-•.....-• ��� My Commission Expires Mar. 27, 2014
' ,��`�p� �,�*y�`,,, `
CERTIFICATtON
I, the undersigned officerofJNTERNATIONAL FfDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of `the Power of Attomey'and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attomey, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said'originals, and thatthe said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this �' f day of ��,�� ��t �
- ;Z,�'�-,-:"�j .��r�c-S_
Iv1ARkA SRANCd, Assistarrt Secretary:
' ' '
;> `'
;:
F... .,. ._ ,. .... .. .. _ _■
7.0 Maintenance Bond w
Power of Attorne
v
�
�
t..P
�,..
in�ernation�l Fitlelity
IN5UR.4NCE �'flN1PA111Y
One Newark Center
Newark, New Jersey 07102
(973) 624-7200
BOND NO. TXIFSU 0620007
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE, CP&Y, Inc., 1820 Regal Row, Suite 200, Dallas
TX 75235 as Principal, and
INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of One Newark Center, 20th
Floor, Newark, New Jersey, licensed to do business in the State of New Jersey and Louisiana and Texas
as Surety, are held and firmly bound unto City of Fort Worth as Obligee, in the full and just sum of
Six Hundred Forty-seven Thousand Two Hundred Eight and 20/100 ($ 647,208.20 )
Dollars lawful money of the United States of America to the payment of which sum, well and truly to be made, the Principal and
the Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
SIGNED, SEALED AND DATED THIS 19th day of November, 2013
THE CONDITION OF THIS OBLIGATION IS THAT, WHEREAS the Principal entered into a contract with the
Obligee for
Desi� and Construction, Including Fabrication and Installation Services, of the Online Water Quality Monitoring
Systems at Various Locations for the Fort Worth Water Department
AND WHEREAS, the Obligee requires a guarantee from the Principal against defective materials and workmanship in
connection with said
Online Water Quality Monitoring Systems
�.
NOW, THEREFORE, if the Principal shall make any repairs or replacements which may become necessary during the
period of Date of Acceptance thru One Year
because of defective materials or workmanship in connection with said contract of
which defectiveness the Obligee shall give the Principal and Surety written notice within (30) thirty days after discovery thereof,
then this obligation shall be void; otherwise it shall be in full force and effect.
All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of
the maintenance period provided for herein.
�/���. I� _ . ,�,1/31. /o�
--,_
,.,- -- — — —
� t���
Witness
CP&Y, INC.
`,-���-�f% ( � �
INTERNATIONAL FIDELITY INSUR,4NCE COIMPANY
Ant J. , ttorney-in-fact
1-83
�,
' Tei (973) �24-72fl(} 1— � 01 Y. � � � � �T��'I�1�1 G� ' �
iNTIERNt�TIC1NAL �tDELlTY 1:NSURANCE COMPANIf
ALLEGHE'NY CAfiUALTY COMPANY ` �'
ONE NEINARK CENTER, 20TFi FLOOR NEWARK, NEW JERSEY 07102-52�7
` KNOW ALt MEN BY THESE PRESENTS_ That INTERNATIONAL FIDEUTY INSURANCE COMPANY , a corporation organized and existing under ;;
' thelaws of the State of NewJersey, and ALLEGHENY CASUALTY' COMPANY a corpo�ation organized and existing under the laws oftheState of
Pennsylvania, having their principai office in'the City of Newark, New Jersey, do hereby constitute and appoint
LACIE P. STACKS, RO$ERT S. BROWN, JACK B. STEHR, JR., STEPHEN J. GAFFNEY,
ANTHONY J. KENNEDY, HARRfET D. LAELEUR, CHARLES R. LANDRY, WItLIAM D. QUINLAN,
GODFREY L. MARINE
New Iberia, LA.
their Vue and lawful attomey(s)-in-factto execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory,in the nature thereof, which are or may be allowed, required orpermitted by law, statute, rule, regulation, contract or otherwise,
and the execution of such instrument(s) in pursuance of these presents, shall be as bi�ding upon the said WTERNATIONAL FIDELITY INSURANCE
.�
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their p�incipal offices.
.� This Power of Attomey is sxecuted, and may be revoked, pursuant to and by authority of the By-Laws of WTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGI-1ENY CASUALTY COMPANY and is granted under and by authority of the followi�g resolution adopted by the Board of Directors
� of WTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day ofAugust, 2000:
'� "RESOLVED, that (1) the President, Vice President, or Secretary of the.Corporation'shall have the power to appoint, and to revoke the appointments of,
Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation
�_ and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or
�elated thereto; and (2) any such O�cers of the Corporation may appaint and revoke the appointmenfs of joint-controf custodians, agents for acceptance of
process, and Attorneys-m-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature ofany such Officer of the
Corporation and the Gorporatiods seal may be affrxed by facsimile to any power ofattorney or certifcation given for the execuUon of any-bond, undertaking,
recognizance, contract of indemnity or other written obligation in fhe nature thereof or 'related thereto, such signature and seals when so used whether
heretofore or hereafter, being here6y adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the Corporation wrth the same force and effect as though manually affixed,°
IN`WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY-and ALLEGHENY CASUALTY COMPANY haveeach executed and
attested these presents on this 12th day;of March, 2012.
++�'�,��� �i� STATE OF NEW JERSEY ��������" �,
�� � +�' County of Essex ��,
� �' '� ` � ",�
� �� ,� � � �
� � � � ,� : 4 1 �3�6 .�
�+rS' ���'�'T �,'�`� ROBERT W. MINSTER � �
'`�1",,�I�t ,�,, �'� Executive Vice PresidenUChief 0perating 0fficer "� F;i��' <
(International Fidelity Insurance Company) �NSi`L'�
, and President (Allegheny Casualty Company)
,�, On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
_: swom; said' he 'is the therein described'and authorized officer of INTERNATIONAL FIDELITY iNSURANCE COMPANY and ALLEGHENY CASUALTY '
�, COMPANY; that the seals affixed to: said ins�rument a�e the Corporate Seals of said Companies, that the said Corporate Seals and his signature were
duly affixed by orderof the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, t havehereunto set my hand affixed my0fficial Seal,
ht��,,..,,.,,,� ' at the City of Newark, New Jersey the day and year first above written.
,f '
�� :. 41,4`��� �� ���,,, .. . . . . .
� *C:r�':�p�aq,,ryi'�-�.1�''�.�'J
= #` � �'�' � _ �G�,C�,�.�e��iy (/
;��., � � �c
� �
�.p .�Cr'gq,^'* ,-• �� ; A NOTARY PUBLIC OF NEW JERSEY
o,���`c����'��*�'-� My Commission Expires Mar. 27, 2014
'�fn�.��.�.c�+'` CERTIFICAT(ON
I, the Undersigned oificer of INTERNATIONAL FIDEUTY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared3he foregoing copy of thePower of Attorney and affidavit, and the copyof the' Sections of the By-Laws of said Companies as set forFh in said
,
Powe� of Attomey, with the'originals on file in the home office of said companies, and that thesame a�e correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attomey has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 19 i.�'i day of ��vember ,, 2013
— ��%( �t�/��R�C,C�'
_. _ . . ._ . -... . _
` .
_. .. _... . _:, -
: :
_ �. _�r-^'
MAR(A Bf�ANCO, Assistant Secreiary
' ', !' ; ` <'
`:
� ... ... . ,_ _ . .., . . ,. _ . . . . .... .. . . , . . � r
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This
law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state
� contractors whose corporate offices or principal place of business are outside the State of Texas) bid
'�.,- projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest
� Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a
nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal
�� . _ . . . . . .
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
�
Nonresident bidders in the State of , our principal place of business,
are not required to underbid resident bidders.
A. Nonresident bidders in the State of , our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas. o
�.
�
� _.
BIDDER:
CP&Y, Inc.
1820 Regal Row
Suite 200
Dallas, Texas 75235
By: David Hays
(Signature)
Title: CFO
Date: �, I 6� Z O 1 rf-
_ END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fortn Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 '12_00 35 13_Bid Proposal Workbook.xls
�
9.0 Workers Com Affidavit
p
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00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
SECTION 00 45 26
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 No. . 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:
CP&Y, Inc
Company
1820 Regal Row
Address
Dallas, Texas 75235
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
0
�
By_ _ David Hays
(Please Print
Signature: t,�=i,
�
Title: _ CFO/Principal _
(Please Print)
BEFORE ME, the undersigned authority, on this day personally appeared _David Hays_,
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 iJNDER MY HAND AND SEAL OF OFFICE this _l 7th_day of _January_, 2014.
,�b�..e�
,,;����,,,
� .iapYPpB��� LA RONDA CAROL LOVELL
r; ��°-' �_ Notary Public, State of Texas
�vly Commission 2015eS
�i"�'Ea,��" Ociober 09,
qr"
' Ep
,,
�'��pw��� �
� 1 ,II �
I�Li�r � �/%j i �
�/_./9.._/�__/.i _. �_ -
�• . '�_� � • - - •
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Online Water Quality Monitoring
Scott, Tracy
From: Bounds, Paul S.
Sent: Wednesday, January 29, 2014 4:45 PM
To: Scott, Tracy
Subject: OWQM Contracts
Please provide a copy of the executed contract documents for the OWQM project to Vernall Sturns. Paul