HomeMy WebLinkAboutContract 47328 CITY .L-0 ' o
COWRACTM. m
AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK
PRE-CONSTRUCTION AND CONSTRUCTION SERVICES
For
MONTGOMERY STREET from Camp Bowie Boulevard to IH-30
THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES which
INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between
the City of Fort Worth, a Texas municipality, ("City") and Haydon Building Corp., a legal entity
existing under the laws of the State of Texas, ("CMAR"). City and CMAR may be referred to
herein as a "Party" or the "Parties".
WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which
consist of Pre-Construction Phase Services and Construction Phase Services, and CMAR,
selected by City through a competitive procurement process, possesses broad experience,
knowledge and technical resources to provide such services related to the design, permitting,
construction and construction management for the Montgomery Street (from Camp Bowie
Blvd to 1-30 West Freeway) City Project No. 02432 (the "Project"); and
WHEREAS, CMAR is willing and able to undertake and provide the services and to be
responsible for the overall completion of the Project, as described on Attachment A, with a
project budget of$5,300,000.00, upon the terms, covenants, recitals, and conditions hereinafter
set forth; and
WHEREAS, City has engaged the services of Freese and Nichols, Inc. ("Design Engineer"), to
prepare the design of the Project; and
WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated the 19th
day of March, 2015, attached hereto as Attachment B; and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary contractors to which CMAR awards contracts and subcontractors(s),
the City's Standard General Conditions for a CMAR Agreement ("General Conditions"), attached
hereto as Attachment C; and
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized/defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's
scope.
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and the covenants and promises to be carried out by each
Party, the City and CMAR hereby agree to perform the services described herein upon the
terms and conditions set forth herein and any Attachments and Exhibits hereto, which are
hereby incorporated.
.,..... ,.,
CMAR—CFW FOR: 01,1,�„"w'I fnIA P(EC ;,il Page 1 of 12
1
ARTICLE 1 —SERVICES
A. CMAR agrees to furnish all Pre-construction Phase Services, as described in
Attachments A and B.
B. The Pre-Construction Phase Services shall commence within 7 calendar days after
receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and
terminate upon conclusion of Guaranteed Maximum Price negotiations. CMAR may initiate
Construction Phase early works packages, such as for utility relocations, prior to final
development of the GMP. Costs of early works packages shall be included in the GMP.
C. CMAR agrees to furnish all Construction Phase Services, as described in Attachments
A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement
and its Amendments and Attachments, to also include the Construction Documents created
to effect the Work on the Project.
1. CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time. CMAR shall provide all necessary construction labor,
materials, tools, equipment, as well as all construction supervision, inspection, and
temporary utilities as required to complete the Work pursuant to the Construction
Documents.
2. CMAR shall perform all Work in accordance with the requirements of the
Construction Documents. CMAR shall at all times exercise complete and exclusive
control over the construction means, methods, sequences, and techniques. CMAR
shall be responsible for the proper performance of the work, including all work
performed by its subcontractors, and any acts and omissions in connection with such
performance.
D. The Construction Phase Services shall commence within 7 calendar days after receipt of
an authorization in the form of a Notice to Proceed from the City to CMAR.
E. CMAR shall be responsible for obtaining and paying for any necessary temporary
construction easements or permission from adjacent landowners to allow CMAR to perform
the Work. CMAR shall present documentation of temporary construction easements or other
permissions at the time the GMP is submitted to City.
F. CMAR warrants to City that all materials and equipment furnished under this
Agreement will be new, unless otherwise specified. The CMAR also warrants to City
that all materials and equipment furnished under this Agreement will be in
conformance with the Construction Documents.
ARTICLE 2 —COMPENSATION
A. The City shall compensate CMAR for providing the Pre-Construction Phase Services for
the Pre-Construction Services Fee of $68,809.00 as further described on Attachment B
("Pre-Construction Phase Fee").
B. The City shall compensate CMAR for providing the Construction Phase services for the
Construction Services Fee of 8% of the GMP as further described on Attachment B
("Construction Phase Fee"). These fees are collectively known as the CMAR Fee as so
defined in the General Conditions.
CMAR—CFW FOR: Page 2 of 12
C. Notwithstanding Article 1, Paragraph C., above, or Paragraph B. of this Article, City may,
by giving written notice at any time before the end of the Pre-Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City's reasonable estimation, exceeds or would exceed the City's Estimated
Construction Budget. In such event, CMAR shall be paid for Work performed up to the date
of termination in accordance with this Agreement.
D. CMAR Contingency - CMAR's GMP shall include a Contingency of $530,000 (10% of
the project budget) for CMAR's exclusive use, with City's written approval, which approval
shall not be unreasonably withheld, to cover those costs considered reimbursable as a Cost
of Work but not included in a Change Order.
E. Savings — In the event the final Cost of Work, inclusive of the CMAR Fee, is less than
the GMP, as may be adjusted by Change Orders, 50% of the resulting savings will be paid
to the CMAR as a performance incentive.
F. Schedule Incentives to promote performance results by contractors may be established
by CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an allowance amount, which will be a part of the GMP, to be used for schedule
incentives. Any of these funds which remain unspent shall be returned to City.
ARTICLE 3 — PAYMENT
Payment by City to CMAR is to be made as follows:
A. CMAR shall submit monthly an Application for Payment for Pre-Construction Phase
Services describing the work performed during the preceding month. The City shall make
payment pursuant to Paragraph 14.02 of the General Conditions.
B. CMAR shall submit monthly an Application for Payment for Construction Phase Services
describing the Work performed during the preceding month. The City shall make payment
pursuant to Paragraph 14.02 of the General Conditions, less 5% retainage, except that no
retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs.
CMAR's Construction Services Fee and General Conditions costs shall each be shown as a
line item in the Application for Payment.
ARTICLE 4— GUARANTEED MAXIMUM PRICE
A. The Guaranteed Maximum Price proposal for Construction of the Project shall be
presented to the City no later than 30 days after receipt by CMAR of approved 90%
plans or as otherwise mutually agreed.
B. Elements to be considered in the GMP include but are not limited to:
1. CMAR's Fee (overhead, Insurance and Bonding costs, etc.)
2. Other Fees as may be presented in the RFP
3. Reimbursable Expenses for designated services
4. Subcontract Costs (Actual contracts) (Open Book)
5. Contingency Amounts for CMAR's use
6. Allocation Allowance which is part of the GMP but is for use by the City only with
any remaining Allocation Allowance to be returned to the City
CMAR—CFW FOR: Page 3 of 12
C. After submission of the GMP proposal, CMAR and City shall meet to discuss and review
the Design Documents and the GMP Proposal in an effort to negotiate a final GMP.
D. When established and accepted by City in writing, the GMP shall be memorialized and
incorporated as an amendment to this Agreement.
E. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the
Project may proceed.
ARTICLE 5 — CHANGES IN THE WORK
The City, during either phase of services and without invalidating this Agreement, may order
changes in the design of the Project and/or the Work consisting of additions, deletions or other
revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly.
All such changes in the Work necessitating a change to the GMP or the Contract Time shall be
authorized by a Change Order.
ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A except as modified by
CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR
and presented to City. CMAR will perform the required services in a timely manner and comply
with the Project Schedule and any minor adjustments as reasonably requested by City. Major
changes to the Project Schedule may be negotiated and memorialized by a Change Order.
Unless causes beyond the CMAR's control delay final completion, the CMAR shall achieve final
completion of the Work, including all punch list items, within sixty (60) days from the date of
Substantial Completion.
CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial
loss if the Work is not completed within the Project Time plus any mutually agreed extension
thereof. The CMAR recognizes the delays, expense, and difficulties involved in proving in a
legal proceeding the actual loss suffered by the City if the Work is not completed on time and,
instead of requiring any such proof, CMAR agrees that Liquidated Damages, not as a penalty
but as just compensation, shall be $700 for each day that expires after the expiration of the
Project Time until such time as Substantial Completion of the Project is issued by the City in
writing.
ARTICLE 7— MBE/SBE
The CMAR commits to 12% MBE participation for the Construction Phase Services of this
Project.
ARTICLE 8 - GENERAL TERMS
A. PROFESSIONAL STANDARDS. The standard of care for all design professional
services performed under this Agreement shall be the care and skill ordinarily used by
members of the architectural and engineering professions practicing under similar conditions
at the same time and locality as the Project. The CMAR shall be responsible for the
professional and technical soundness, accuracy, and adequacy of all consultation, cost
estimating, pre-construction, construction and other services and materials furnished under
this Agreement.
CMAR—CFW FOR: Page 4 of 12
B. MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in
providing to each other information available, and in facilitating the Work within the scope of
this Agreement. City shall, throughout the performance of the Construction Work, cooperate
with CMAR and perform its responsibilities, obligations and services in a timely manner so
as not to delay or interfere with CMAR'S timely and efficient performance of its obligations
under the Contract Documents. The City shall cooperate and provide reasonable assistance
to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's
responsibility to obtain.
C. GENERAL CONDITIONS. Attachment C contains the City's General Conditions
applicable to this Project. CMAR is expected to have reviewed and hereby agrees to comply
with said General Conditions, including providing a copy to any contractors or
subcontractors, as applicable.
D. PROJECT PROGRESS. CMAR's services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
E. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written
consent of the City. CMAR may enter into subcontracts with respect to the services required
by this Agreement but shall remain fully responsible to the City in connection therewith.
Nothing herein shall be construed as creating any personal liability on the part of any officer
or agent of City.
F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perform the services under this Agreement. Such
personnel are not employees of, nor have any contractual relationship with the City. CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is solely and exclusively for the benefit of the City and CMAR and not for the
benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to
the other party to the Agreement and are not intended to create any rights, contractual or
otherwise, to any other person or entity. The doctrine of respondent superior shall not apply.
H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs,
drawings, specifications, documents, and other work products of the CMAR whether in hard
copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by City or by others acting through or on
behalf of City of any such instruments of service without the written permission of the CMAR
will be at the City's sole risk. The City shall own the final, printed designs, drawings,
specifications and documents. Transfer of ownership of the contract documents does not
constitute sale of the documents.
I. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force
insurance as described in Article 5 of the General Conditions.
CMAR—CFW FOR: Page 5 of 12
J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section
C of this Agreement or as otherwise provided by the General Conditions.
K. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of
CMAR's experience and qualifications and represent CMAR's best judgment as a qualified
professional familiar with the industry.
L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ AND UNDERSTANDS
THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M. SURETY BONDS. The CMAR shall furnish the required performance, payment and
maintenance bonds as provided by the General Conditions.
N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City's fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost.
ARTICLE 9 —THE CITY'S RESPONSIBILITIES
The City shall:
A. Designate a Project Representative to act as its representative with respect to the
services to be rendered under this Agreement for Pre-Construction Services. Such
Project Representative will have complete authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to CMAR's
services.
B. Provide timely reviews of studies, reports, sketches, estimates, and other documents
presented by CMAR consistent with City's normal business practices.
C. Secure and execute all necessary permanent easements and agreements with adjacent
land or property owners that are necessary for the Project. City is further responsible for
all costs, including attorneys' fees, incurred in securing these necessary permanent
easements and agreements. City is responsible for securing all zoning approvals
required for the Project for the construction to proceed without delay.
CMAR—CFW FOR: Page 6 of 12
ARTICLE 10- AMENDMENTS
This Agreement may only be amended in writing, agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and CMAR
with respect to the subject matter of this Agreement and supersedes all prior understandings,
negotiations, representations or agreements, either written or oral contracts between City and
CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of
City and CMAR and their respective successors and assigns.
ARTICLE 12- GOVERNING LAW & JURISDICTION
Except as provided for in the General Conditions, Paragraph 6.07, arbitration will not be allowed
on this Project. The terms of the Agreement shall be construed and interpreted under, and all
respective rights and duties of the parties shall be governed by, the laws of the State of Texas,
without regard to its conflict of law provisions. CMAR hereby submits to the jurisdiction of the
Texas courts and will obtain and maintain an agent for service of process in the State of Texas.
Neither party will bring any action against the other party arising out of or relating to this
Agreement in any forum or venue except in Tarrant County, Texas, or the United States District
Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any
present or future objections to such legal action and irrevocably waives the right to bring any
legal action in any other jurisdiction.
ARTICLE 13 -SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this agreement.
ARTICLE 14-WAIVER
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
ARTICLE 15- CONFLICT IN TERMS
In the event there is a conflict between the terms of this Agreement, and any other Contract
Document, the terms of this Agreement shall control over the other Contract Documents.
ARTICLE 16 - HEADINGS
The headings in this Agreement are inserted for reference only, and shall not define or limit the
provisions hereof.
ARTICLE 17 - NOTICE
CMAR—CFW FOR: Page 7 of 12
All notices required herein shall be addressed to City as follows:
Mike Weiss, P.E., Project Manager
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
PHONE: (817) 392-8485
EMAIL: Michael.Weiss @fortworthtexas.gov
With Copy to:
Martin Phillips, P.E., Engineering Manager
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
PHONE: (817) 392-8447
EMAIL: Martin.Phillips @fortworthtexas.gov
All notices to CMAR shall be addressed as follows:
Scott Jones —Area Manager
Haydon Building Corp.
8200 Springwood Drive, Suite 230
Irving, TX 75063
PHONE: (972) 739-6405
EMAIL: sjones @haydonbc.com
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE
AND ATTACHMENTS/EXHIBITS TO FOLLOW
CMAR—CFW FOR: Page 8 of 12
Executed and effective as of the date executed by the designated City Manager in three
counterparts, each of which may be deemed an original.
CMAR CITY OF FORT WORTH:
Haydon Building Corp � w
B �� �� B m X. ,,...._.v
Name: Mark D. Eklund Jay Chapa
Title Vice President Assistant City Manager
Date: October 23, 2015 Date: "
By City:
Approved as to Form and Legality Approval Recommended:
Douglas W. Black Dougla . Wiersig
Assistant City Attorney Directo Transportation and 41ic
Works Department
QRJV-
M&C �'�:.. �� �� � .�" Vin. �� ATTEST:
Mary J. e ®
City Se re ry
CMAR—CFW FOR: Page 9 of 12
ATTACHMENT A
Pre-Construction and Construction Services
Scope of Work
(From RFP)
CMAR—CFW FOR: Page 10 of 12
I
'FORT'WORTH,/,R
March 2, 2015
ADDENDUM #1 to the REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK
MONTGOMERY STREET
from Camp Bowie Boulevard to 1-30 West Freeway
City of Fort Worth CIP Project No. 02432, DOE No. 7389
Listed below are the changes to the Request for Proposals advertised on February 12
and February 19, 2015. All of these changes will be posted on BUZZSAW.
Addendum #1, Item #1:
SECTION 3: CMAR SERVICES
Paragraph B: SUBMISSION OF QUALIFICATIONS, the last paragraph of Item 10.
Receipt of Proposal Packets (page 10 of 50) is replaced with the following:
"Sealed proposals will be received at the Purchasing Division until 1:30 pm.
CST, Thursday, March 19, 2015, and then publicly acknowledged at 2:00
p.m. CST in the City Council Chambers with the name of each Proposer and
the proposed fees and prices for fulfilling the General Conditions being read
aloud."
Addendum #1, Item #2:
SECTION 3: CMAR SERVICES
Paragraph B: SUBMISSION OF QUALIFICATIONS, the following sentence is added at
the end of Item 11. Pre-Proposal Meeting (page 10 of 50):
"A 2"d non-mandatory pre-proposal meeting will be held on Fridgy,
March 6, 2015 at 1:30 p.m. at 8851 Caml2 Bowie West, Fort Worth,
Texas 76116."
Page 1 of 2
Addendum #11, Item #3:
SECTION 9: PROPOSED SCHEDULE (page 22 of 50) is replaced with the following:
"Publication of Request for Proposals (Ist) February 12, 2015
Publication of Request for Proposals (2nd) February 19, 2016
Pre-Proposal Meeting (1:30 PM) February 27, 2015
2nd Pre-Proposal Meeting (1:30 PM) March 6, 2016
Deadline for Comments*(6:00 PM) March 12, 2015
Responses Posted (5:00 PM) March 16, 2015
CMAR/RFP Submittals Due (1:30 PM) March 19, 2015
Interviews (as necessary) April 2, 2016
Evaluation and Selection of CMAR April 3, 2015
CMAR Contract Award May 12, 2015
Notice to Proceed (Preconstruction Phase) May 26, 2015
Preconstruction Phase Services May 2015 ® February 2016
Construction Phase Services February 2016 ® December 2017"
Sincerely,
Michael R. Weiss, P.E.
Page 2 of 2
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK
City of Fort Worth
Montgomery Street
(from Camp Bowie Boulevard to 1-30 West Freeway)
City of Fort Worth Project No. 02432
RFP 0001
FORT WORTH
City of Fort Worth
Mayor
Betsy Price
City Manager
David Cooke
Transportation and Public Works Director
Douglas W. Wiersig, P.E.
February 12, 2015
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Pagel of 50
CMAR RFP—One Step
Table of Contents
Section 1. Description of Project..............................................................................5
Section 2. Business Diversity ..................................................................................6
Section3. CMAR Services.........................................................................................7
Section 4. Procedural Requirements Request for Proposals ............................. 10
Section S. Content of Proposal and Evaluation Criteria ..................................... 12
Section 6. Award and Execution of Contract......................................................... 17
Section 7. Bonds and Insurance ............... .......................................................... 18
Section 8. Miscellaneous ........................................................................................ 18
Section 9. Proposed Schedule................................................................................ 18
Exhibits:
ExhibitA . ......................................................................................Project Location
Exhibit B . ................................................................................... Proposal Affidavit
Exhibit C . ........................................................................ Statement of Experience
Exhibit D. ...........................................................Proposed Project Key Personnel
Exhibit E. ..........................................................Exceptions to General Conditions
Exhibit F. ......................................................... Conflict of Interest Questionnaire
Exhibit G . ............................................................................Client Reference Form
Exhibit H. ...........................................................Special Insurance Requirements
Exhibit I. .................................................................................Safety History Table
Exhibit J . .........................................................Project Budget and Fee Proposals
ExhibitK. ................................................................................... Evaluation Criteria
ExhibitL. ...................................................................................... Prevailing Wages
Attachments:
Attachment 1 . ........................................... General Conditions for CMAR Project
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 2 of 50
CMAR RFP—One Step
INTRODUCTION: The City of Fort Worth, Texas desires to select a construction
manager-at-risk (CMAR) to provide construction manager-at-risk services for facility
elements for the Montgomery Street (from Camp Bowie Boulevard to 1-30, West
Freeway) project ("Project"). The selection will be a one-step process.
The City will select the Proposer which provides the best value for the City based on
the criteria outlined herein and the Proposer's proven application of project delivery
techniques, approaches and relevant experience that results in the following value
statements for the Project and City:
• Reduction in overall delivery timeline (schedule).
• Increased and/or enhanced functionality resulting from phasing and sequencing
of project delivery to reduce impacts to the public during construction.
• Cost-savings and cost-avoidance identified during preconstruction and design
phases.
• Reduced risk resulting from early engagement of the Construction Manager to
optimize delivery in collaboration with City's Engineer.
CMAR experience is desired and will be recognized in two ways:
1. Alternative delivery methods whereby the Proposer can demonstrate relevant
CMAR experience, results and benefits to the Project and City.
2. Value-delivery techniques on previous projects that demonstrate results and
benefits translatable for CMAR delivery.
Capitalized terms, unless otherwise specifically defined herein for the purposes
of this RFP, shall be as defined in the General Conditions.
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 3 of 50
CMAR RFP—One Step
The following described Exhibits and Attachments are attached to and are a
part of this RFP:
• Exhibit A — Project Location
• Exhibit B- Proposal Affidavit
• Exhibit C— Statement of Experience
• Exhibit D- Proposed Project Key Personnel
• Exhibit E— Exceptions to General Conditions
• Exhibit F- Conflict of Interest Questionnaire
• Exhibit G - Client Reference Form
• Exhibit H- Special Insurance Requirements
• Exhibit/- Safety History Table
• Exhibit J- Project Budget and Fee Proposals
• Exhibit K- Evaluation Criteria
• Exhibit L- Prevailing Wages
• Attachment 1 —General Conditions for CMAR Project
SECTION 1: DESCRIPTION OF PROJECT
The Project will consist of the design and construction of
Montgomery Street (Camp Bowie Boulevard to 1-30, West Freeway ). The
Engineer is in the process of designing for the Project. The design is expected to
be at approximately 30 to 60 percent complete at the time a contract with the
selected Proposer is let.
The Project is to include the following:
Site Elements Approximate Quantity
Concrete Pavement 35,400 SY
Concrete Sidewalk 53,000 SY
Bike Lanes or Shared Use Path 5,300 LF
Retaining Walls 1,600 SF
Storm Drains and Culverts 1 LS
Traffic Signals 3 EA
Streetlights 90 EA
Pavement Markings and Signs 1 LS
Potential Project Adds:
Roundabout at Camp Bowie Boulevard/Montgomery Street
Underground Franchise Utilities
Ornamental Landscaping and Irrigation
Bike Racks, Benches, and Way Finding Signs
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 4 of 50
CMAR RFP—One Step
1) Project Team. The City has selected Freese and Nichols, Inc. as the Engineer,
whose designated representative for the Project is Mr. Chris Bosco. The City's
team of employees who will work on this Project consist of Transportation and
Public Works Department personnel and other departments as needed.
2) CMAR Selection Method. The City is selecting the CMAR by a one-step RFP
process, as set forth in Section 2269.251 et seq., Tex. Gov't Code. A
Proposer's Proposal shall include proposed fees and prices for fulfilling the
City's General Conditions. The City reserves the right to interview the short-
listed Proposers as a part of the final selection process.
3) Additional Professional Services. The City will contract separately for (1)
inspection services, (2) testing of materials, (3) any verification testing services
necessary for acceptance of the Project. The selected Proposer will be required
to coordinate these services. The City reserves the right to retain other
professionals and consultants to assist it with Preconstruction Phase and
Construction Phase services and monitoring the Work.
SECTION 2: BUSINESS DIVERSITY ENTERPRISE ORDINANCE #20020-12-2011
® MINORITY BUSINESS ENTERPRISE (MBE) PROVISIONS
A. The City of Fort Worth implemented the Business Diversity Enterprise
Ordinance to reflect the City's availability and disparity study findings. All
proposers shall note that it is the policy of the City to ensure the full and
equitable participation of Minority Business Enterprises (MBEs) in the
procurement of goods and services. If the total dollar value of the contract is
greater than $50,000, then an MBE subcontracting goal may be applicable.
There is no MBE diverse goal for Pre-Construction Phase Services on this
solicitation.
The MBE diverse goal is 12% for Construction Phase Services
(subcontractors, suppliers, etc.)
B. If the Proposer self-performs Construction Phase Services as the general
contractor, the MBE goal for the complete Construction Phase Services must
be met.
C. Proposers must obtain MBE listings from the City of Fort Worth's M/WBE
Office at (817) 212-2674 or email tas ha.ki[go re fo orthtexas.gov. This will
ensure that CMAR firms are acknowledging MBEs (which include DBE firms
that are minority owned, controlled and daily managed) currently certified by
the North Central Texas Regional Certification Agency (NCTRCA) or other
certifying agencies that the City may deem appropriate and accepted by the
City of Fort Worth at the time proposals/bids are submitted, in order for the
participation to be counted towards the established diverse goals. The firms
must be located in the City's six 6) county geographic marketplace that
includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise.
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,west Fwy SR WB) Page 5 of 50
CMAR RFP—One Step
D. At the time the Guaranteed Maximum Price (GMP) is due and submitted to the
City, it shall be accompanied by the MBE Utilization Plan to address the diverse
MBE goal for use when proposals/bids are sought from trade contractors or
subcontractors for performance of all major elements of the Work. At a
minimum, the Plan must provide:
• the company name, address, point of contact, email address, office and
fax telephone numbers of the MBE subcontractors and suppliers;
• a detailed description of the work to be performed by each MBE;
• the tier level, i.e., 1St 2nd, 3rd, etc. (if other than 1St tier, the plan must
clearly identify the firm name and tier from whom the MBE firm will be
receiving payment);
• the sub-contract value or percentage of the GMP construction cost for
each phase of work identified for each MBE participant;
• state the MBE percentage level of commitment achieved;
• the timing of the major elements of the work including approximate
advertising dates and
• provide the same identification information for all non-MBE participants
E. The Plan must also include an element detailing how the Proposer will
communicate with, and report Plan compliance to, the City's Project Manager
and the City's MWBE Office during the Project including providing to the MWBE
Office Letter(s) of intent, purchase orders and or executed sub-contract
agreements after award by the CMAR and prior to the issuance of the notice to
proceed of each relevant phase of the Work. MBE firms must be certified at
the time each of the Work's major elements are bid or proposals submitted, in
order for the participation to be counted towards the established goal.
F. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, the City's
Ordinance does not allow a Proposer to count itself or its subsidiary-owned
companies towards the established goals; the goals represent subcontracting
opportunities.
G. The participation commitment of the MBE Construction Phase Services
will be part of the final weighted selection criteria.
H. Failure to address the diverse goal and state the MBE commitment shall render
the Proposer non-responsive.
For additional information contact the MWBE Office at (817) 212-2674.
SECTION 3: CMAR SERVICES
A. PRECONSTRUCTION PHASE SERVICES
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The CMAR Preconstruction Phase services will be provided as a fixed fee cost
identified in the Proposal. The Preconstruction Phase Services will include:
1. Provide a Project Manager, all Key Personnel and all other associated
personnel necessary to fully meet the CMAR obligations for the
Preconstruction Phase Services;
2. Consult with, advise and provide recommendations to the City and the
Engineer on all aspects of the planning, design, and proposed
construction and drawings and specifications;
3. Provide constructability review and consult on constructability issues in
the development of the 30%, 60% and 90% final design review plans
and specifications, including recommendations on design packaging to
advance construction, material availability and independent quantity
calculations to verify quantities provided by Engineer;
4. Provide list of additional details needed on 90% final design review plans
that would be needed to complete the project in the allotted time or to
accelerate aspects of the Work;
5. Project Manager, Estimator, Scheduler and Superintendent along with
any other necessary personnel shall attend review workshops with the
City's Transportation and Public Works Staff (TPW) and Engineer at the
90% final design review milestones, provide Critical Path Method
schedules and assume each workshop is one complete eight (8) hour
day;
6. Provide on-going value engineering review, including written reports and
recommendations between 30%, 60% and 90% design plan
development;
7. Identify, evaluate and propose cost-effective alternatives;
8. Provide monthly project planning and scheduling report (using critical
path method) to minimize the construction impact and prepare cash flow
analyses for both the design and construction phases;
9. Identify long-lead equipment procurement needs and submit a report to
the City;
10. Identify, evaluate and recommend elements of the Project that may
require less than 100% design;
11. Advise the City of ways to gain efficiency in Project delivery;
12. Provide a complete, detailed, written GMP including line item cost
breakdowns with conditions, assumptions, and showing CMAR's
contingency and CMAR Fee;
13. Develop, implement and maintain a quality management plan that
assures conformance to every section of the specifications. Develop a
QA/QC program to ensure continuing attention to the production and
installation of error-free work;
14. Provide an environmental management plan detailing programs for a
storm water pollution prevention plan and handling other environmental
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CMAR RFP—One Step
issues (dust, on site chemicals and fuel, etc.) required to comply with
permits and regulations applicable to the Project;
15. Incorporate the City's standard specifications and provisions relating to
quality, safety, community, and environmental factors;
16. Schedule all Project construction related activities;
17. Identify Work which the Proposer intends to self-perform. Identify and
recommend which work, if any, should be procured through value based
competitive selections, in lieu of low bid;
18. Provide monthly progress reports;
19. Participate in one Project kick off meeting for Preconstruction Phase
Services;
20. Participate in up to 7 additional meetings or workshops with the
Engineer, Owner or others as needed;
21. Develop and submit recommendations for the award of the subcontracts
to construct the Project;
22. Provide insurance for the Pre-Construction Phase.
23. Provide Performance Bond, Payment Bond, and 2-year Maintenance
Bond(s).
B. CONSTRUCTION PHASE SERVICES
The Project may be performed in multiple construction phases.
The CMAR Construction Phase services will be provided as a percentage cost
of the GMP as identified in the Proposal. Construction Phase Services will
include the following:
1. Solicit and publicly conduct trade contractor or subcontractor bidding
and proposals for all major elements of the construction work estimated
at greater than $50,000.00, and for material suppliers for the Project,
unless incorporated above or otherwise exempted;
2. Discuss Project with subcontractors and material suppliers to determine
workloads, bonding capacity, and worker/mechanic availability;
3. Review and monitor the final design and suggest equipment, materials
and systems for selection;
4. Review subcontractor's construction emergency response plan;
5. Review subcontractor's construction site safety plan;
6. Prepare the Bids/Proposals packages for the elements of the Work
which must incorporate the requirements of the Contract;
7. Participate in one Project kick-off meeting for Construction Phase
Services;
8. Performance of the construction portion of the Work in strict accordance
with all applicable Contract Documents;
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9. Coordinate and manage the Work that includes all required
appurtenances, necessary site improvements, and all other work
required to make a complete and operable system within the
Guaranteed Maximum Price and within the Contract Time;
10. Coordinate with various local and state agencies, as necessary;
11. Arrange for procurement of materials and equipment;
12. Manage all procurement and construction-related subcontracts while
meeting the City's requirements for compliance with the MBE
participation goal. This includes inspection of the Work performed by
subcontractors to ensure conformance with the Contract;
13. Monitor and maintain quality controls over shop drawings, equipment
and materials, implementation and the Work;
14. Implement the construction site safety plan to provide a safe working site
for the Project, maintain, update and implement as needed the
emergency response plan;
15. Conduct a Pre-Construction Meeting with all the subcontractors,
inspectors, and other entities performing major elements of the work
prior to the start of their work activities;
16. Obtain any necessary construction permits and meet all requirements of
TXDOT and US Army Corps of Engineers (USACE), if applicable;
17. Manage storm water runoff and dust in accordance with the City's iSWM
regulations;
18. Establish and implement procedures to track, expedite and process all
Submittals, Change Orders, and requests for information;
19. Review and process shop drawings and other Submittals and present to
City for approval;
20. Establish a critical path method schedule for the Project, monitor and
update the construction schedule at least monthly, prepare three week
look ahead work schedules consistent with overall schedule;
21. Review and process all pay request applications from subcontractors
using the City's standard specifications and provisions;
22. Conduct monthly progress meetings with the on-site trade foremen or
superintendents;
23. Attend monthly meetings with City staff, inspectors, Engineer and other
entities and provide written monthly progress report and updated
schedule;
24. Maintain current hard copies of Project as-built drawings, including all
subcontracted work, and submit in hard copy, PDF or other electronic
format specified by the Engineer, monthly;
25. Expedite and coordinate delivery and installation of City-procured
material and equipment, as applicable;
26. Maintain strict enforcement of City's or other applicable prevailing wage
requirements;
27. Supervise and manage the warranties provided to CMAR and the City
for the construction work;
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28. Receive warranty/guaranty of Work items from the construction
contractors and subcontractors and provide same to City upon Final
Acceptance of the Project, or at a date negotiated by the Parties;
29. Conduct a final walk-through with the TPW and other relevant
Departments and Engineer at the completion of construction and 20
months after acceptance under the two-year warranty period;
30. Implement close out procedures necessary for the City to accept the
Project as being finally complete; provide lien waivers from all
subcontractors and material suppliers;
31. Complete all Construction Phase Services and Work, including punch
list items;
32. Prepare a final report on all construction costs.
C. CMAR SELF-PERFORMANCE
In accordance with Texas law, the CMAR may seek to self-perform elements of the
work if the CMAR submits a bid or proposal in the same manner as all other
trade subcontractors or suppliers and the City determines that the CMAR's low
bid or proposal provides the best value for the submitted work. Proposers shall
indicate the scope of work, if any, it intends to self-perform. Regardless of
CMAR self-performance, CMAR must meet the MWBE commitment for
Construction Phase Services. SECTION : PROCEDURAL REQUIREMENTS
FOR REQUEST FOR PROPOSALS
A. RESERVATION OF RIGHTS
1. The City may reject any or all Proposals and/or waive minor deviations
and/or irregularities therein. Entire Proposals marked proprietary will be
returned without evaluation.
2. The City reserves the right to cancel this project for any reason at any
time during the RFP process without incurring any obligations or
liabilities.
3. The City reserves the right to modify the CMAR procurement schedule.
B. SUBMISSION OF QUALIFICATIONS
1. Registration: The RFP is available at the City of Fort Worth
Transportation and Public Works Department, Fort Worth, Texas or
via BuzzSaw through the City of Fort Worth website at
hits:// ro�ject oint.buzzsaw.com/
2. Questions: The City will restate and answer Proposers' questions via
group email and any answers to questions, addenda, or amendments
shall also be posted on BuzzSaw. Proposers' questions should be in
writing and emailed directly to the Project Manager, below. The City
does not assume responsibility for not receiving questions from the
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CMAR RFP—One Step
Proposers or the Proposers' receipt of any answers, addenda, or
amendments e-mailed or placed via BuzzSaw.
3. Qualifications Packet: Each Packet should be prepared simply
and provide a straightforward and concise description of the
Proposer's ability to perform the required CMAR services. Emphasis
should be on completeness, clarity of content, responsiveness to the
requirements, and an understanding of the City's needs. Vague or
misleading statements will be viewed unfavorably.
4. Modifications to Submissions: No modifications to materials that
have been submitted to the City are allowed.
5. Disclosure of Proprietary Information: All materials submitted to
the City become public property and are subject to the Texas Public
Information Act upon receipt. If the Proposer desires submitted
information that it considers to be proprietary to not be disclosed,
each page must be identified and marked proprietary at time of
submittal. The City will, but only to the extent allowed by law,
endeavor to protect such information from disclosure. Failure to
identify proprietary information will result in all unmarked sections
being deemed non-proprietary and available upon public request.
City will notify any and all Proposers if a Public Information Act
request is received to allow a Proposer to prepare its own response
to protect its proprietary material beyond that which the City is
allowed.
6. Costs of Preparing Qualifications Packet and/or Proposal: All
costs of preparing the Qualifications Packet and/or Proposal shall be
the sole responsibility of the person or entity submitting the
information.
7. Further Information and Questions: Information requests and
questions must be submitted in writing and e-mailed no later than —
Thursday, March 5, 2015 at 5:00 pm. Responses to all requests and
questions will be emailed to the Proposers and posted to BuzzSaw by
Monday, March 9, 2015 by 5:00pm.
Please direct all questions regarding this RFP with "Montgomery Street
CMAR RFP" in the Subject Line to:
Mr. Michael Weiss, P.E.
Transportation and Public Works Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Michael.Weiss @fortworthtexas.gov
8. Anti-Lobbying. Proposers submitting Qualifications and/or Proposals
are prohibited from directly or indirectly communicating, electronically
(email, text, social media, etc.), by phone or in person, with any City of
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CMAR RFP—One Step
Fort Worth representative, employee or elected official regarding this
RFP except as provided herein for requests for further information.
9. Submission of Qualifications Packet: Submission Packets
("Packets") must be printed on letter- sized (8.5-inch by 11-
inch) paper. Sheets as large as 11-inch by 17-inch may be used for
graphics. Sections should be divided by tabs for ease of reference.
The Packet shall have no more than 30 printed pages (not including
the required forms to be used for experience) using 10 pt. font or
larger for the text. Resumes of key personnel may be included in an
appendix, if desired, not to exceed an additional 25 pages. Each copy
of the Packet must be bound to ensure that pages are not lost. One
(1) original, one (1) electronic (PDF or equivalent) and four (4) paper
copies shall be submitted. An original signature must appear on the
submittal letter. Please mark the document with the original signature
as "ORIGINAL" and indicate "COPY" on the paper copies.
10. Receipt of All Proposal Packets: Sealed envelope or container
marked on the outside with
Montgomery Street CMAR PROPOSAL
City Project Number 02432
and the Proposer's name and address. Electronic or facsimile
submittals will not be accepted. Packets may be mailed or delivered
(during normal business hours in person, by courier, an express
delivery service or LISPS Express Mail) to:
City of Fort Worth Purchasing Department
1000 Throckmorton Street
Fort Worth TX 76102
Sealed proposals will be received at the Purchasing Division until 1:30
p.m. CST, Thursday, March 12, 2015, and then publicly acknowledged at
2:00 p.m. CST in the City Council Chambers with the name of each
Proposer and the proposed fees and prices for fulfilling the General
Conditions being read aloud.
11. Pre-Proposal Meeting: A non-mandatory pre-proposal meeting will be
held on Friday, February 27, 2015 at 1:30 p.m. at 8851 Camp Bowie
West, Fort Worth, Texas 76116.
12. Conflict of Interest Questionnaire. Each Proposer must complete
and submit directly to the City Secretary's Office, an original Conflict
of Interest Questionnaire included in the RFP as Exhibit F. If a
Proposer already has a Conflict of Interest Questionnaire on file with
the City Secretary's Office, a Proposer may so certify to that fact.
13. Financial Statement. Proposers should provide one copy of an
audited financial statement from the current or previous year or, if the
Proposer does not have audited financial statements, the previous
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CMAR RFP—One Step
year and current year-to-date financial statements. The single financial
statement should be submitted with the original proposal, and may be
provided in a separate sealed envelope.
Section 5. Content of Proposal and Evaluation Criteria
Proposers shall submit complete responses to all requirements described in this
RFP. Although concise submittals are preferred, proposals must be sufficiently
detailed to demonstrate that the Proposer can successfully deliver the CMAR scope
of services, outlined in SECTION 4 CMAR SERVICES. All items in all tabs shall be
included in each copy of the Proposal. Proposals containing incomplete information
will be rejected.
A. CONTENT OF QUALIFICATIONS PACKET
The Qualifications Packet must contain the following information:
1. A general description of the Entity or Person that is submitting
qualifications to be considered for the CMAR services. Explain the
organization and provide an organizational chart(s) showing
proposed Project personnel. If it is a joint venture, specify percentage
control of each company.
2. A description stating the understanding of the CMAR services to be
performed for the Project, the commitment to perform the CMAR
services within the time periods allocated and a statement why the
Proposer believes it to be the best qualified firm.
3. The Proposer must identify all key personnel for the proposed
Project team including Project Manager, Superintendent and
management staff and their location, as well as, partners, managers,
other supervisors and specialists, who would be assigned to the
Project. Include the specific staff members of any sub-consulting
firms that are proposed to be assigned to this Project. For each key
person identified, list their length of time with the Proposer and at
least three comparable projects in which they have played a primary
role. Indicate whether each such person is registered or licensed to
practice in Texas, if State law requires licensing or registration. If a
project selected for a key person is the same as one selected for the
Proposer, provide just the project name and the role of the key
person. For other projects provide the following on the forms
attached as Exhibit D:
• Description of Project;
• Role of the person;
• Project's original contracted construction cost and final
construction cost; Project's original contracted construction
schedule and actual construction schedule;
• Project date and project owner with reference information
(two current names with telephone numbers per project)
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CMAR RFP—One Step
4. The Proposer shall identify at least five similar projects in which the
Proposer served as CMAR or Construction Manager during design
and construction phases (declare whether self-performed as CMAR) or
as General Contractor. For each project, provide the following
information on the form attached as Exhibit C (making copies as
necessary):
• Description of the project;
• Role of the Proposer specifying whether CMAR, Construction
Manager or General Contractor. If CMAR or General
Contractor, identify the percent of work self-performed. Also
specify services provided during design phase, (i.e., cost
estimating, scheduling, value engineering, etc.);
• Project's original contracted construction cost and final
construction cost; Project's original contracted construction
schedule and actual construction schedule;
• Project date and project owner with reference information.
5. Provide audited financial statements from the current or previous year
or, if the Proposer does not have audited financial statements, the
previous year and current year-to-date financial statements.
B. EVALUATION CRITERIA
1. Not later than the 14th day following the opening of the Qualifications
Packet, the City will evaluate and rank each Proposer based on the
Evaluation Criteria listed below to determine which Proposer offers the
best value to the City. The Qualifications Evaluation Criteria shall be
applied equally to all Proposers and shall be the basis for the
selection of the most qualified Proposer. The City reserves the right to
conduct interviews with the top-ranked Proposers prior to making its
final selection.
2. Qualifications evaluation criteria form for evaluation criteria is attached
hereto as Exhibit K.
3. The Proposal must contain the following information in the following
order:
a) Cover Letter - Pass/Fail -Not included in page count
• The Proposer's one-page cover letter should clearly state that
the Proposal is valid for 90 days from the date submitted and
should be signed by an individual with authority to commit the
Proposer to the Project. The 90-day period applies to the
Exhibit J.
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CMAR RFP—One Step
b) Forms and Certifications - Pass/Fail -Not included in page
count
• The Forms and Certifications in Exhibits A— L are attached for
use in documenting compliance with the City's procurement
process, MBE requirements and for use in preparing the
Proposer's Price Proposal.
c) Proposer's Corporate Experience and Financial Stability - 20
points maximum -Included in page count (Not to exceed 3
pages)
• The Proposer shall provide information in a tabular format, for
projects of similar size, and scope, including project durations
for projects completed or currently in progress for all owners
within the past ten years.
• A minimum of five projects shall be presented that best
represent the Proposer's relevant, demonstrated experience
and services requested for the Project. The total number of
projects shall not exceed ten.
• The Proposer shall identify its experience in the performance
of Pre-Construction Services which will be required on this
project, specifically (1) working with design engineers in the
preparation of construction documents, (2) value engineering
reviews, (3) preparing cost estimates on partially completed
construction documents, (4) project scheduling, and (5)
developing GMP.
• The Proposer shall identify the major work elements/trades of
a typical project and identify if the Proposer has the capability
to self-perform such elements/trades and identify those
elements/trades which it normally self-performs. The listing of
major work elements/trades should include, at a minimum,
demolition, site grading, underground piping installation,
concrete work, masonry, electrical, lighting and landscaping.
• Point Distribution
• Proposers will be awarded 20 points if their
response includes 10 projects that demonstrate
experience with elements that directly relate to
the project components identified above.
• Proposers will be awarded 15 points if their
response includes 6 to 9 projects that
demonstrate experience with elements that
directly relate to the project components
identified above.
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CMAR RFP—One Step
• Proposers will be awarded 10 points if their
response includes 5 projects that demonstrate
experience with elements that directly relate to
the project components identified above
• Proposers whose submittal includes less than 5
arterial projects that demonstrate experience
with elements that directly relate to the project
components identified above will receive 0
points.
d) Pricing of CMAR Services - 20 points maximum -Included in
page count (Not to exceed 2 pages)
• Provide the Preconstruction Phase Services fee and
Construction Phase fee as indicated on Exhibit J — Project
Budget and Fee Proposals. Provide any proposed incentives
for Project delivery.
• Point Distribution
• Proposers whose submittal includes total fees in
the lowest 10% of all proposers will be awarded
15 points.
• Proposers whose submittal includes total fees in
the next lowest 40% of all proposers will be
awarded 20 points.
• Proposers whose submittal includes total fees in
the highest 10% of all proposers will be awarded
5 points.
• Proposers whose submittal includes total fees in
the next highest 40% of all proposers will be
awarded 10 points.
e) Qualifications and Experience of Key Personnel (CMAR and
Non-CMAR) - 25 points maximum -Included in page count (Not
to Exceed 5 pages)
• Overall qualifications of the Proposer's Key Personnel to
perform the required Preconstruction Phase Services and
Construction Phase Services shall be provided.
• Additional information to be provided on Key Personnel should
include roles and major responsibilities and their experience
with CMAR or non-CMAR project delivery including value
engineering, constructability reviews and (Preconstruction
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CMAR RFP—One Step
Phase and Construction Phase Services) and other general
preconstruction services, general construction or construction
management experience.
• Include a statement that proposed Key Personnel will be
dedicated and available for the performance of the Project.
Also, state the amount of time on a percentage basis each
Key Personnel will spend during the Preconstruction Phase
and Construction Phase Services. Proposer shall indicate
where Key Personnel have worked together on prior projects.
• Proposer shall provide an organizational chart showing all Key
Personnel and other personnel (either by name or job
category) for both Preconstruction Phase and Construction
Phase Services. Should the proposer need to change Key
Personnel, they must notify the City in writing prior to the
change.
• The Proposer will provide a client reference for three of the
projects listed using Exhibit C.
• Point Distribution
• Proposals that demonstrate a high degree of
agreement with the above criteria with regard to
qualifications and experience of key personnel
will receive 25 points.
• Proposals that demonstrate a moderate degree
of agreement with the above criteria with regard
to qualification and experience of key personnel
will receive 15 points
• Proposals that demonstrate a low degree of
agreement with the above criteria with regard to
qualification and experience of key personnel
will receive 5 points.
• Proposals that demonstrate a lack of agreement
with the above criteria with regard to
qualification and experience of key personnel
will receive 0 points
f) Project Approach - 45 points maximum Included in page count
(Not to exceed 12 pages)
Preconstruction Services — 10 points maximum
• Describe the approach to the successful completion of the
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CMAR RFP—One Step
Preconstruction Phase Services. Discuss the potential
benefits from these activities to the overall Project. Use
examples from prior efforts to prove benefits. Identify any
specialized skills or special consideration that Proposer will be
able to provide.
• Point Distribution
• Proposals that demonstrate a high degree of
agreement with the above criteria with regard to
project approach during preconstruction
services will receive 10 points.
• Proposals that demonstrate a moderate degree
of agreement with the above criteria with regard
to project approach during preconstruction
services will receive 5 points
• Proposals that demonstrate low degree of
agreement with the above criteria with regard to
qualification and experience of key personnel
will receive 0 points.
Construction Approach — 15 points maximum
• Describe the approach to the successful completion of the
Construction Phase Services and identify any specialized
skills or special considerations that Proposer will be able to
provide. Use specific examples.
• Describe in detail how Proposer will coordinate CMAR tasks
with that of subcontractor's tasks, the City, Engineer and other
professional services that may be involved in the Project
(inspection, materials testing, etc.)
• Point Distribution
• Proposals that demonstrate a high degree of
agreement with the above criteria with regard to
project approach during preconstruction
services will receive 15 points.
• Proposals that demonstrate a moderate degree
of agreement with the above criteria with regard
to project approach during preconstruction
services will receive 10 points
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CMAR RFP—One Step
• Proposals that demonstrate a low degree of
agreement with the above criteria with regard to
qualification and experience of key personnel
will receive 5 points.
QA/QC and Safety Plan - 5 points maximum
Describe in detail in no more than 3 pages how Proposer will
develop and implement quality assurance/quality control and
safety plans to achieve a successful project.
• Proposals that demonstrate a high level of understanding and
commitment to the development and implementation of a
quality assurance/quality control and safety plan as well as a
safe history as indicated by the completed Safe History Table
(Exhibit 1) will be awarded the full 5 points. Proposals that do
not demonstrate an understanding and commitment to the
development and implementation of a quality
assurance/quality control and safety plan or do not
demonstrate a history of safety as described above will be
awarded 0 points.
Cost and Schedule Control - 15 points maximum
• Provide a cost sheet breakdown (pages do not count toward
total) and describe in detail in no more than 3 pages, how
Proposer will manage and control costs and schedule.
Discuss Change Order management process and how City-
initiated requests will be addressed.
• Point Distribution
• Proposals that demonstrate a high level of
understanding and commitment to managing
and controlling costs and schedule creep will be
awarded the full 15 points.
• Proposals that demonstrate a moderate level of
understanding and commitment to managing
and controlling costs and schedule creep will be
awarded the full 10 points.
• Proposals that demonstrate a low level of
understanding and commitment to managing
and controlling costs and schedule creep will be
awarded the full 5 points.
• Proposals that do not demonstrate an
understanding and commitment to managing
and controlling costs and schedule creep as
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CMAR RFP—One Step
described above will be awarded 0 points.
g) Compliance with the Business Diversity Enterprise
Ordinance — Minority Business Enterprise Participation - 10
point maximum -Included in page count (Not to exceed 1 page)
• The maximum points will be determined based Proposer's
response to Section 2, above, and the Proposer's
acknowledgement of and commitment to meeting the overall
diverse MBE goal and commitment to timely submitting and
following the MBE Plan as well as presentation of evidence of
the Proposer's business diversity procurement practices.
4. Review of Proposals, Contract Negotiation and Release of
Information
The City will select the Proposer offering the best value to the City and
will attempt to negotiate a Contract with that entity. If negotiations fail,
the City will end the negotiations in writing and commence negotiations
with the next-ranked Proposer until a Contract is negotiated or all
candidates are rejected.
E. Guaranteed Maximum Price (GMP)
1. The GMP will be established during the Preconstruction Phase Services
based the various works packages, including early works packages
which may be allowed upon request. A Notice to Proceed with full
construction shall not be issued until the GMP is established and
accepted by the City. The CMAR assumes the risk of completing the
Work for the GMP and within the allotted Contract time. Cost sharing
arrangements, if any, will be negotiated in the Agreement.
2. Prevailing Wages. The CMAR is required to comply with Chapter 2258
of the Texas Government Code (as amended). Refer to the General
Conditions, 6.08, for more details. The prevailing wage rates for this
Project must be included in the GMP calculation and are attached hereto
as Exhibit L.
SECTION 6: AWARD AND EXECUTION OF CONTRACT
A team comprised of City staff will apply the Evaluation Criteria set forth in this
RFP to rank all the Proposers. Upon a determination by the evaluation team, Staff will
inform the Proposers of their respective ranking and attempt to negotiate a contract
with the top ranked Proposer offering the best-value for the City and will follow the
steps outlined in Tex. Gov't Code 2269.254 prior to recommending that the City
Council award the Project to a specific Proposer.
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 20 of 50
CMAR RFP—One Step
The initial notice to proceed will be for the Preconstruction Phase Services. The
City may or may not elect to proceed with the Construction Phase Services, at
the City's sole and exclusive discretion.
The Contract will contain a termination clause that allows the City to terminate
the Contract after the each phase of services without cause or penalty.
SECTION 7: INDEMNITY, BONDS AND INSURANCE REQUIREMENTS
Indemnity provisions are found in the General Conditions and general
indemnity is found at Section 5.01 of the General Conditions.
Performance and Payment bonds are required and shall be procured and
delivered pursuant to Section 5.02 of the General Conditions.
Maintenance Bonds are required and shall be issued pursuant to Section 5.02
of the General Conditions.
Applicable insurance requirements are specified in Sections 5.03 — 5.05 of the
General Conditions. Any deviation from the general insurance requirements are
provided on Exhibit H.
SECTION 8: MISCELLANEOUS
A. The CMAR will not perform any phase of services until the City provides
the CMAR with written notice to proceed with that phase. The City may
determine not to proceed with any and/or a portion of the Construction Phase
Services, at the City's sole discretion.
B. To comply with Article 11, Sec. 5 of the Texas Constitution, the City will
include the following funding provision in the Agreement:
"Notwithstanding any other provisions of this Agreement, if this
Agreement provides for the City to make payments to the CMAR
in any fiscal year following the City's fiscal year in which this
Agreement begins and the City's City Council fails to appropriate
funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal
year for which funds were not appropriated, and the City shall not
be obligated to make or have any liability to the CMAR for the
payments."
SECTION 9: PROPOSED SCHEDULE
The following schedule is planned.
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 21 of 50
CMAR RFP—One Step
Publication of Request for Proposals (1St) February 12, 2015
Publication of Request for Proposals (2"d) February 19, 2015
Pre-Proposal Meeting (1:30 PM) February 27, 2015
Deadline for Comments (5:00 PM) March 5, 2015
Responses Posted (5:00 PM) March 9, 2015
CMAR/RFP Submittals Due (1:30 PM) March 12, 2015
Interviews (as necessary) March 27, 2015
Evaluation and Selection of CMAR March 26, 2015
CMAR Contract Award May 12, 2015
Notice to Proceed (Preconstruction Phase) May 26, 2015
Preconstruction Phase Services May 2015 — February 2016
Construction Phase Services February 2016 — December 2017
City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 22 of 50
CMAR RFP—One Step
Exhibit A® Project Location Site Map
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City of Fort Worth Montgomery Street(Camp Bowie Boulevard to 1-30,West Fwy SR WB) Page 23 of 50
CMAR RFP—One Step
Pedestrian Access and ADA Compliance The core concepts of our phasing are:
Throughout the Montgomery Street corridor, pedestrian Core Phasing Concepts:
traffic is prevalent. It will be critical to maintain e Focus the initial construction from Harley to 1-30 to
continuous ADA compliant pedestrian access on ensure this section of roadway is complete prior to
both sides of the roadway throughout the project. the start of the new Will Rogers Arena
Haydon will provide a formal pedestrian access plan e Limit the length of work zones/traffic control to
to the project team for review and approval prior to minimize impact to the public.
construction. Some considerations include increased * Sequence construction to avoid impacts for the
access widths around sidewalk radius ramps, or bus major events (NCHA Futurity and Forth Worth
stop locations. After traffic control is set and pedestrian Stock Show)
access is defined, the Haydon staff will continuously e Sequence the construction phasing around the
monitor pedestrian areas for additional special needs Atmos Gas relocation window of April to October
that may become apparent as the public begins to use
the walkways. With our understanding of the project and maintaining
Haydon's core concepts, we propose the following
tm in tlwd.; Oty of Me;s r:'s Sa,,xud*u n Avenue ue Pi ase 1 phasing to balance 'outside construction', schedule,
u°'al t I'Z 1,.,ur wje t, for exarnpUe, a vis uaill fi°nr.w :in ed budget, and impact to the public (see Figure G below).
res, dent; r(,Kd uuestuadl ad d'v%4"aefin deer ...0 d kiq All WA acd es, ,,�
u.hr(d q,jh 0,oe west Ilm ff of the pdrojec l laycicm and Special Events
t"l"we t ut.y of Midi":a team rnetwdth tu'dk desa d.;er t and d
Walkecll Ihka euwtlre a od ,dte wai°i l-- iflr d to get 41pu t on Many special events occur throughout the year along
how he rria"irdet,dww d rewd,l work zones, hda drd°dlnwa the Montgomery Street corridor, including the NCHA
hikdw a requh'etro edits to d°ornfcflrta b y d'd,.,vigawte thl'Od.uq[l Futurity, NCHA Summer Spectacular, NCHA Super Stakes,
tVww'wE.Ilw»Ii , We uu"uq;wldadddd."nted and dd, ed vv[wat we learned Fort Worth Stock Show and Rodeo, Derby Summer
as a m d,udde &add fmxtq ,,jre l)ed, e atiiiian aet Lfl) ,, Spectacular, and the Cowtown Marathon. Haydon will plan
the construction sequencing to work around these special
events- along with coordinating work hours, work days,
Construction Sequencing and constant access around work areas - ensuring a safe
and accessible environment at all times. The removal of
A critical component of this project is sequencing traffic control, plating roadways and eliminating uneven
construction in a manner that not only maximizes pavement can all be achieved to avoid interruption. For
efficiency and minimizes construction time, but also example, to avoid impacts to the NCHA Futurity and
maintains business and pedestrian access, and safety Fort Worth Stock Show, we have strategically phased
throughout all phases of construction. In addition, construction from Harley to 1-30 to be complete before
construction of the new Will Rogers Arena and parking these major events occur(by the end of October 2016).
structure are key parameters (outside of construction) Our phasing will be discussed in more detail in the
that must be accounted for on this project. following project specific approach (pages 20-21).
Figure G: Phasing Schedule
m
tl
Pre-Construction Phase q1 42 qs Qa 4t Q2 Q3 04 q Q4
Design o ,an % ansandDocuments
Constructability Reviews
Utility Potholing and Investigation
Value Engineering Workshop and Analysis NCHA Futurity and
Cost Models and Final GMP Fort Worth Stock
Early GMP for ONCOR 12KV Undergrounding
Underground ONCOR 12KV
Construction Phase
Phase Montgomery(1-30 to ar ey
Phase 2:SB Montgomery(1-30 to Harley)
Phase 3:SB Montgomery(Harley to Camp Bowie)
Phase 4:Roundabout
Phase 5:NB Montgomery(Harley to Camp Bowie)
Outside Construction
Arena Parking Structure y
Atmos Gas Re-Build
Sewerline(Trail to Harley)
Will Rogers Arena i
C:rl LY (')17 FOR I..WOO'I.1-1 MONTOOMI:RY S RI_f"'"I CIMAN f�'ROJ, NO. (V/132 19 l
Figure H Montgomery Street Proposed Phasing Plan Within each phase, we will push all north and
southbound traffic to one side of the centerline,
creating a respective work-zone opposite of the
centerline (as shown in Figures H and I, to the left
and on page 21).
/
This phasing and sequencing
- p rovides the followin g
benefits:
Reduces the construction schedule to 15 months,
as opposed to the 21 months allotted.
Avoids any conflicts with the new Will Rogers
, Arena. Construction of the Arena starts in early
2017 at this point in our project we will have the new
and full roadway width opened from Harley to I-30.
Our ongoing construction will be away from the new
arena (Harley to Camp Bowie),
l�
- Minimizes impacts to the traveling public by not
stretching traffic control for the length of
' t Montgomery Street. We are constructing the roadway
ley in reduced segments from 1-30 to Harley and Harley to
Camp Bowie.
No impacts or conflicts to major events such as
f %/r the NCHA Futurity and Fort Worth Stock Show.
� 1 n Similar to the new Arena construction, we will have the
new and full roadway width opened from Harley to I-30
prior the start of these events in 2017.
No added impacts with the installation of the
I u;
new 20" Atmos gas line. Knowing that this line
will be installed on the east curb line for the length of
Montgomery Street, and that the window of installation
/
l; is during the summer months, we phased our
construction to coordinate this scope inside of our
i Phase 1.
T f i Side street entrances such as Dexter Avenue can
be constructed under full closures by detouring
ViVffxw
.............. traffic to Lafayette and Bryce Avenues. Residents will
maintain full access through detours and allow these
entrances to be constructed in very short durations,
while at the same time increasing quality.
t
fr l rl i
Achieving Project Close-out
Our approach to closing out this project is to remain
proactive throughout construction to ensure an
expeditious close-out. This is achieved by completing
,�/,/✓�/ /�//,���/i outstanding items on the weekly construction meeting
agenda, staying up to date on as-built information each
month, and remaining accurate with monthly quantities.
Staying current with this information saves time at
/ the end of the project.
20 WHAYDON
p91V1I
,ii
Figure I. Typical Phasing Scenario throughout Construction
a
„
r
® it
x,
I
Special Considerations / Skills J
A valuable management resource that the Haydon team
has available for your project is our in-house CIM (Civil °
Information Modeling) or 3D Modeling capabilities.
More commonly used in vertical building construction,
the 3D model or CIM has been extremely beneficial in
a CMAR environment to assist in the pre-construction
phase, specifically with avoiding utility conflicts. On
this project, it can be used to insert the proposed
alignments (20" Atmos Gas main, waterline, ONCOR
12KV underground, new Storm Drain box, etc.) and
render them against the web of existing underground
utilities. It can also be used to render atewa entry r f
g Y
monuments or any other vertical elements. Figure I
above is an example of this type of modeling. This /
can also be used as a visual aid to help with phasing or
the design of any unique elements.
("'ITY OF FORT W«R 1 F-I M(":)N R)t 7fV1C�RY `aTRf=E L C:;fV1AR I:'RCJ,J, N4::> 01/1:3I 21
),A/QC AND SAFETY PLANJ Figure J: Safety Record
Safety
2014 0.64
Haydon strives for the highest of safety standards. Safety 2013 0.67
does not occur by chance - it is the result of careful 2012 0.68
attention to all company operations by those who are 2011 0.69
directly and indirectly involved. Employees at all levels
must work diligently to execute the company's policies 2010 0.64
of maintaining safety and occupational health. Steve
Rothwell, Haydon's Safety Officer, will ensure that Our Team's Site Specific Safety Plan will be developed
Haydon operates at the highest level of safety at all times. to assure compliance with all Federal, State and
Steve will be involved during pre-construction to assist in local regulations with particular emphasis on the
the safety layout of the project and safe access through Occupational Health Act of 1970 (OSHA) and/or
construction work zones. Steve's responsibilities include: OSHA1926/1910 Standards.
• Overall Site & Safety Plan Implementation Aspects of our Team's Safety Plan include:
• Hazardous Materials Plans
• Proactive Public Relations Analysiis aril d Inspection: Our Team will use a Daily Job
• On-Site Coordination Hazard Analysis, Work Plans and Jobsite Inspection as
• Subcontractor Mentoring tools to inform and educate employees about potential
safety hazards. Hazard Analysis is an important safety tool
Steve Rothwell actively participates in the Associated we employ to educate our employees. Working together,
General Contractors Safety Committee and was on their our foremen, superintendents, engineers, and safety
Safety Council from 2006 to 2010. On this committee, professionals will perform a detailed hazard analysis for
Steve helped to lead the efforts on the SP 1122 every work activity. This process breaks down the work
Specification for TxDOT construction activities. Steve was tasks to be performed, identifies the hazards associated
also head of safety for the General Contractor on the with the task, and develops a plan to mitigate the
recent AT&T Cowboys Stadium. Project Superintendent identified hazards to allow safe execution of the work. The
Jon Harshbarger is an OSHA qualified "Competent sharing of the Job Hazard Analysis with all crew members
Person" and has participated in rigorous safety training takes place during regularly scheduled project meetings
throughout his career. His knowledge of safety standards and "Toolbox" meetings. In addition, on the Montgomery
and practices will be of value to this project. In addition Street project, supervisors will perform a Jobsite
to Jon, all of our team's foremen and lead men are Inspection each day to identify and correct any potential
qualified as OSHA Competent Persons. In 2014, Haydon hazards or property damage issues.
maintained an excellent EMOD factor of 0.64, one of
the lowest in the industry (please see Figure J to the Safety .i..rahiin:I: Our philosophy is that safety is
right and Exhibit I in Tab B: Forms & Certifications for everyone's job and everyone on the project is responsible
additional information). Please also see a letter from for reporting unsafe conditions. To achieve this, we
our insurance agent (Lovitt & Touche) in the appendix, develop and implement a safety training program for all
demonstrating Haydon's experience modification rate workers. Such training includes fall protection, competent
history. person, trench safety and confined spaces, operator
training and site specific emergency action planning to
Safety Plan Overview name a few. In addition, we will hold "Daily Refresher"
Work Plan Meetings for every crew at the beginning of
The key components of Haydon's safety culture each shift. In this format,the crew foreman covers safety,
include workplace safety, management involvement, quality, previous day's performance goals and the setting
accountability, and a structured approach to safety of goals for the current day.
discussions and training. Implementing the program
involves analysis and inspection, safety training, and f
oiirrmnun` nfl : f the Safety n ssaIo: To inform
continuing communication to inform and reinforce safe our crews of any special hazards and to reinforce safety
practices. Haydon has corporate safety departments principles, we schedule safety meetings each day and/or
dedicated to ensuring safe completion of projects shift. Crews will begin each shift with a "Daily Refresher"
company-wide. meeting to discuss that day's work, any associated safety
hazards, and the expected production for the day.
22 + HAYDON
ri ���/�
c
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U'lublic Safety: We understand that project success Recognizing the importance outcomes and processes,
will be measured by our ability to protect the lives and the QC manager works directly as a part of the project
property of the traveling public. Haydon's Safety Officer, team, as shown in the organization chart, and additionally
Steve Rothwell, will work with the entire construction team reports monthly to the Project Principals.
to ensure that construction operations do not place the
public or the environment at risk. M' Mam afjin:,,,) Subcon't r ctors: Equally as important to
our QC Plan is managing subcontractors, as they will play
QA/QC Plan an important role on the Montgomery Street project.
Construction Project Manager Mitchell Robinson
In a CMAR project, the QA/QC plan begins in the will be responsible for the day-to-day management
pre-construction phase. of subcontractors, and will also be responsible for
implementing the Haydon subcontractor management
Ere-(tiM�Onst:°uctMow Within this phase, our plan plan, which will include:
facilitates preparation of accurate drawings, calculations
and related documents furnished under the scope of Required Orientation Before Starting Work: Haydon
work by establishing and implementing procedures, will require each subcontractor to meet with our
responsibilities and relationships for members of the project management team before starting work
project team. The QA/QC team conducts independent on the project. During this meeting we will review
technical and constructability reviews for the project the subcontractor's scope of work, environmental
to verify the project is being designed in accordance requirements, quality control, and traffic control, as
with the City of Fort Worth design standards and is well as communications plan and safety requirements.
constructible. Each member of the QA/QC team signs The subcontractors must also identify the on-site
off on a technical review prior to each submittal. At each superintendent who is responsible for their crews'
submittal, a copy of the signed QA/QC checklist will be work activities and project management.
provided to the City of Fort Worth's Project Manager. Integrated Involvement with Design: Specialty
Construction Project Manager Mitchell Robinson will subcontractors will participate in task force meetings
monitor the progress of the project tasks relative to and design reviews early in pre-construction for an
schedule, quality, and accuracy of the final product. opportunity to provide valuable design input and
,,w comment on constructability and value engineering.
will be ���spon. Duane Clot (Quality Control Manager)
"i:u�. n Haydon plans to use subcontractors to perform
responsible for developing and managing the activities that are better suited to smaller, specialty
project specific construction Quality Control (QC) Plan. firms. Before allowing a subcontractor to begin work
With this plan in place, our team assures the City of Fort on the project, we will request approval from the City
Worth that we will be ultimately responsible for QC. Key of Fart Worth to sublet that work item.
elements addressed by the QC Plan include:
• Organizing and identifying the key personnel, COST AND Sfe I IED(°jj"°E CON I`R�"'fL
including their roles & responsibilities. Cost Control
• Identifying systematic actions necessary to
ensure that all materials and workmanship meet In our CMAR experience,the value of cost control is
the specified level of quality. created when we are able to eliminate change orders
• Controlling material by establishing separate and in construction by defining and accounting for those
independent quality control sampling &testing reduced costs within the pre-construction phase cost
policies, procedures, &frequencies. models. Control of the project budget is as important as
• Establishing procedures for identifying, timely project delivery. With this being said, a key benefit
documenting, &correcting non-conforming work, of the CMAR process is the peace of mind in knowing
• Providing verification & independent monitoring that at the end of the project, the contract value will not
such as utilizing pre-pour checklist for all concrete exceed the GMP. Through this process, there are no
pours (see sample form, right). change orders. We understand this process as we have
• Recognizing the importance of and providing for completed over 140 CMAR projects company-wide,
environmental, traffic, & utility coordination. have never failed to reach a GMP, and have never
During construction, Duane will manage the QC process, exceeded a GMP. We feel this is a tremendous value to
oversee our third party QC subcontractor, and guarantee the City of Fort Worth, as it helps to reduce the learning
the plan is administered to provide the City of Fort Worth curve by relying on Haydon s experience and lessons
with a project of the highest quality.
learned.
CITY C)N f=C�71�1 WC`
�R H MC)f�d l�:�O11✓IC FAY l RC_':F F ("MAR I'ROJ. Iv10 022- 13� 23
Controlling cost in a CMAR project is accomplished In the construction phase, Haydon will host weekly
early in pre-construction and more specifically with the construction meetings and provide three week look-
30%, 60% and 90% cost models. It goes well beyond a-head schedules that give the team a snapshot
the traditional sharpening of the pencil and relying of the detailed daily activities. This planning tool
on multiple subcontractor and supplier pricing. With is comprehensive enough to cover all activities, all
Design/Bid/Build projects, large change orders are often subcontractors (including MBEs), all stakeholder issues
generated due to utility relocation delays, unknown utility and impacts, quality control items, and all traffic control
conflicts, right-of-way acquisitions and constructability issues for the upcoming short term. The schedule also
issues. However, with the CMAR process, these would all includes the previous week's as-built activities to track
be mitigated in pre-construction through coordination any needs for schedule recovery or missing elements of
meetings, constructability reviews, plan reviews, risk work that need to be addressed. In addition to the overall
analysis and value engineering workshops. project schedule, Haydon will hold Work Plan Meetings for
every crew at the beginning of each shift. In this format,
Cost Sheet Breakdown the crew foreman covers safety, quality, previous days'
performance goals, and setting goals for the current day.
During construction, Haydon will submit monthly'Final
Pay-App Projections' to the City. See Figure K as an Change Order Management
example from our Southern Avenue Phase 1 Project. In the
far right columns, we will track the total forecasted units Another key benefit of the CMAR delivery method
for each contract item and the change (up or down). At an is the opportunity for the Haydon Team to work
early stage in the life of the project, this information will collaboratively with the City of Fort Worth and Freese
allow the City to understand the projected under-run from and Nichols, through the pre-construction phase. The
the GMP. The City may then decide to informally allocate City of Fort Worth, Freese and Nichols, and Haydon
those monies to future projects or even add scope on will share ownership in the project documents. Through
this project, while staying under the GMP. This is a cost participation and contribution, each will be kept updated
control approach that has proven to be successful on of any changes to their development. We will partner with
other Haydon CMAR projects. City of Fort Worth and Freese and Nichols, to assist with
plan coordination and perform constructability reviews to
Schedule Control assure a complete and constructible set of documents. In
The value of schedule control in the CMAR process is the event of an owner-driven change of scope, we will:
established when we are able to create a document that
tracks the timely completion of all necessary activities, 1. Define the scope of the change
resulting in time and cost savings to the project owner. 2. Review the scope change, perform value
This document is referred to as the Master CPM Schedule engineering and constructability reviews
and will serve as our guide to a successful project. The 3. Analyze the budget impact of the scope change
CMAR process provides a unique opportunity, which using an open book cost modeling approach
allows Haydon to be involved early in the design phase. As 4. Submit contract modification to City for approval
a result, we are able to better control the project outcome 5. Execute the contract modification
by including all activities. Important items to schedule
would be cost model deadlines, cost model reviews, During Cost Analysis, GMP adjustments will follow the
plan update deadlines, plan reviews, constructability same process established in the development of the
reviews, value engineering analysis, utility relocations, original GMP, which includes open book cost modeling
coordination meetings, long lead material procurement, and use of the predetermined fee. In our experience,
local events, and construction to name a few. The focus cost associated with an owner initiated request would be
of our schedule will be to save time and money for the charged against the project contingency that has already
owner and we believe this is a primary reason we have a been accounted for in the GMP. Finally, our approach
high rate of CMAR repeat business. We are able to do this to dealing with subcontractor change orders would be
by identifying areas where construction can begin early, to initially determine the cause. If it is owner-initiated
maximizing efficiency and utilizing creative sequencing. and dependent upon the size,the change would be
implemented as stated previously and accounted for
Pre-Construction Manager David Laughlin and against a contingency. However, if it is not owner-driven,
Construction Project Manager Mitchell Robinson will work we would discuss as a team and reject the change order
with the team to develop this schedule in our Primavera P6 or account against a contingency, depending upon the
software. This schedule will be updated weekly and during circumstances.
the pre-construction phase, submitted weekly to the City
of Fort Worth and Freese and Nichols.
24 i HAYDON
COMPLIANCE I "I IE BUSINESS Figure M. Subcontractor Construction Opportunities
DI 'SI Iw ENTERPRISE ORDINANCE I I 1111111 IIII .,.,
MEm � 1� �nm ml
Minority Business Enterprise (MBE) Trucking $200,000
Subcontractor Utilization Traffic Control $75,000
Haydon will conduct extensive small business outreach SWPPP $35,000
within communities neighboring the project to ensure Landscaping $120,000
MBE objectives are met. Haydon recognizes that Signing and Striping $60,000
success is not determined by the signing of a contract Bike Racks $10,000
but rather with the successful delivery of a project.
Haydon's subcontractor partnership program is built on Demolition $65,000
the foundation of Integrity, Accountability, and Value. Electrical $250,000
Haydon's program includes instruction related to Davis TOTAL VALUE $815,000
Bacon reporting, OSHA training, subcontractor payment 15%
reporting, overall safety and quality training, and Title VI. MBE % PARTICIPATION (based upon $5.3M
contract value)
Haydon utilizes its subcontractor partnership program
to mitigate the risks involved for our MBE partners. Our
team believes that it can exceed the minimum goal of At the time the GMP is due to the City, we will provide
12% MBE participation required for this project during a detailed MBE Utilization Plan that outlines work
the construction phase. descriptions, tier levels, package values, and other
Haydon is committed to not only exceeding the City's requested specifics.
MBE goal assessed for this project but to ensure that Construction MBE Subcontractor
MBEs are utilized in a variety of work categories. These Opportunities
efforts mitigate allegations of over-concentration and
serve to foster good will in the subcontracting community. As part of our project management approach and team
organization, Sr. Estimator Colleen Martindale will serve as
Haydon encourages participation from qualified small the MBE designee for the duration of the project.
and disadvantaged businesses by participating in Colleen will be the City's primary point of contact
local inclusion municipal programs. Our estimating regarding all matters related to MBE activity, and will be
department maintains an ongoing database of qualified responsible for communicating with and reporting Plan
MBE subcontractors and vendors. Haydon has a compliance to the City's Project Manager and M/WBE
successful history of meeting or exceeding MBE goals, office throughout the project. Further, Haydon will clearly
as indicated in Figure L below. We have also identified identify MBE subcontractors on its three week look-ahead
MBE subcontractor scope opportunities, compiled from schedules to ensure that commercially useful function
the MBE listing provided by Tasha Kilgore with the City of requirements are being met and to facilitate the City's
Fort Worth's M/WBE office on March 3, 2015 in Figure M on-site visits.
above to the right.
Figure L. Haydon's MBE Goal Track Record
° I II IIIIIIIIII i
c w: I D ulluuu uu I °nl I ��
TxDOT 1-30 Park& Ride 8.0% 18.0%
TxDOT US-80 & Forney Parkway Bridge 4.0% 10,0%
TxDOT IH'-20 Ramp and Bridge Construction at Kleburg 8:0% 10.0%
Arizona DOT Why Tucson Highway San Pedro Road Segment 5,6%4 6.2%
Maricopa County DOT Old U580 Gila River Bridge 2.48%° 2.65%
Maricopa County DOT Ellsworth Road,,Germann to Ray Phase 1 11% 11.2%
City,of Phoenix 24th`StreetUl/TP Security,Upgrades 5%° 8,2%
City of Phoenix Union Hills WTP Security Upgrades 5% 9.3%
City of Phoenix Pecos,/Community center, 12/ 16.4%,
City of Phoenix Pecos Park 14% 17.1%
("'I_l"Y OF 1�-ORT V1JOR 1 11 M(.7N f"('�(.mri: �Y `>rm F_l_ (;MAR PRO,), NO. 02/1'31 26
NIWA11,01)Ce &,, 1)01)(I";
EXCLUDED FROM PAGE COUNT
January 2Q. 2O15
RE: H8ydDD Building Corp
4G4O East Cotton Gin Loop
Phoenix, AZ 85040
Historical Workers Compensation Experience Modifications
To Whom |t May Concern:
Please accept this letter as verification of the historical Workers' Compensation experience
modifications for HaVdoD Building Corp.
2014 .G4
2013 .67
2012 .68
2011 .G9
2010 .64
2009 .G0
2008 .6O
If there are any questions regarding this information, please don't hesitate to give me a call.
|
Deanna Chew, CPCLLARK4
Construction Account Executive
(602)778-7024
|osuvx Washington sto,,Suite z34 Tempe,Arizona oszo/
Ro. nm 0^985, Phoenix,Arizona usonz
800/4/r'2756 uoo/osa'xzsu Fax 602/956-22511
DAVID LAUGHLIN
PRE-CONSTRUCTION MANAGER
13 YEARS AT HAYDON / 13 YEARS TOTAL EXPERIENCE
ROLE/RESPONSIBILITIES:
i%
David will oversee Haydon's efforts during pre-construction and into
f r construction as needed. David will be the team's primary point of contact
during this phase and will manage overall delivery of the plans/contract
documents, constructibility reviews, value engineering, utility coordination and
relocation, cost models, stakeholder coordination, and GMP creation. Having
'� worked on over 18 CMAR projects David understands what it takes to make
this type of project a success at all levels. David and Mitchell will work together
to seamlessly transition to the construction phase.
EDUCATION &
CERTIFICATION SELECT PROJECT EXPERIENCE:
MBA, University of Arizona TxDOT- 1-30 Park& Ride - Grand Prairie, TX Renovations to the existing 1-30
Phoenix, AZ Freeway corridor between Beltline Road and MacArthur Boulevard; construction
includes multiple phasing, new entrance and exit ramps and a new park and
BS, Construction Management, ride facility. Mass Grading, storm drain pipe, water lines, soil nail retaining
Arizona State University, Tempe,AZ walls, drilled shaft retaining walls, soil cement stabilization, asphalt paving,
concrete paving, hardscape with a Park and Ride Shelter and landscaping are
WORK EXPERIENCE some of the key features to this project- $17.2M
2002 - Present TxDOT- US-80 & Forney Parkway Bridge - Forney, TX I Construction of the
HAYDON BUILDING CORP Forney Parkway Bridge over US-80 and UPRR. The project includes drilled
shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and
Intern, Project Engineer, deck paving. Pipe includes 24" RCP-439 LF, 30" RCP- 2,222 LF, 36" RCP - 244
Project Manager LF, 42" RCP - 200 LF, 7x4 box culvert- 743 LF. - $19.2M
Town of Gilbert- Pecos Road Improvements (Phases I, II & III) CMAR -
Gilbert, AZ 142" reclaimed waterline, sewer, dry utilities, grading, paving,
landscaping, curb and gutter, traffic signals- $20.3M
City of Mesa - Greenfield Road (Baseline Road to Southern Avenue)
CMAR - Mesa, AZ I Widening of existing bridge to accommodate new road
improvements. The project consists of widening the roadway to include 3
through lanes, raised median, dual left turn lanes and right turn lanes at the
intersections, walls, signals, lighting and landscaping - $6.8M
Town of Gilbert -Val Vista Drive Improvements CMAR - Gilbert, AZ
The South Reach Phase included underground water, sewer, dry utilities,
paving/grading, curb& gutter, landscaping, and traffic signals; the Williamsfield
to Germann Road Reach phase involved 2 miles of improvements to major
arterial roadway, including 6 lanes of traffic, striping, landscaping, traffic signals/
lighting, concrete, irrigation, paving/grading, &stormdrain - $11.1 M
City of Chandler- Germann Road Improvements CMAR (Phase 1: Dobson
Road to Alma School Road, Phase 2: Dobson to Arizona Avenue) - Chandler,
AZ I Improvements to the roadway to widen Germann Road with three
traffic lanes for both eastbound and westbound traffic and construct raised
landscaped medians, bike lanes, storm drainage, underground SRP irrigation
facilities, street lights, traffic signal modifications, domestic water lines, and
reclaimed waterlines- $14.5M
C 1l`( O r0RI_W(:)R"'1T1 (VIOIJ 1'ROJ, NO. 022 32
MITCHELL ROBINSON
CONSTRUCTION PROJECT MANAGER
3 YEARS AT HAYDON / 10 YEARS TOTAL EXPERIENCE
ROLE/RESPONSIBILITIES:
Mitchell will lead Haydon's construction efforts and serve as the owner's liaison
and primary point of contact during this phase. His involvement with David
in pre-construction will develop the phasing and sequencing plans, scheduling
and coordination of construction trades, and identify cost saving potential
and risk mitigation analysis. He will also implement quality control measures
for all work installed, perform site inspections, and accurately communicate
and disseminate plans and specifications to the construction team and
subcontractors.
WORK EXPERIENCE
2013 - Present SELECT PROJECT EXPERIENCE:
HAYDON BUILDING CORP TxDOT- US-80 & Forney Parkway Bridge - Forney, TX I Construction of the
Project Manager
Forney Parkway Bridge over US-80 and UPRR. The project includes drilled
2010 - 2012 shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and
AU Contractors deck paving. Pipe includes 24" RCP-439 LF, 30" RCP- 2,222 LF, 36" RCP-
Project Engineer 244 LF, 42" RCP- 200 LF, 7x4 box culvert- 743 LF. - $19.2M
2008 - 2009 TxDOT- Precinct Line at Walker Branch - Hurst, TX I Roadway and bridge
Nabholz Construction Corporation reconstruction and expansion involving a two phase bridge over Walker
Branch Creek, bridge demolition over Walker Branch, retaining walls, 4362
2007 - 2007 LF of storm drain systems, 2500 LF of new waterline involving a hot tap on a
Kiewit Co. 33" water transmission line, earthwork operations, subgrade improvements,
concrete paving, HMAC paving, gabions, gabion mattresses, 36" stone rip rap,
2006 - 2006 landscaping, traffic signals, electrical improvements, fence improvements, and
Benton & Brown striping - $10.5M
TxDOT- IH-20 Ramp and Bridge Construction at Kleburg - Balch Springs,
TX I Construction of two new ramps and a bridge for IH-20- $6.OM
TxDOT- Kaufman County SH-34 Structure & Paving Project- Terrell, TX
Structure and paving project on an EPA Superfund Hazmat Site with two sets of
retaining walls and a 9-span aesthetic bridge within 2' of historical buildings
- $20.OM
City of Saginaw - Longhorn Road - Saginaw, TX I Paving and excavation
project that reconstructed a 2-lane rural road into a 6-lane divided highway
- $9.OM
City of Arlington -Arlington Reclaimed Water-Arlington, TX ( Installed
reclaimed water system for city of Arlington - $2.5M
TxDOT-Webb Diamond Interchange - Laredo, TX I Structure and paving
project with expansion of existing bridge, building of 4 sets of retaining walls,
1 overpass, excavation & embankment, and paving - $32.OM
TxDOT- International Boulevard - Laredo, TX I Excavation, utility, and paving
project expanding Bob Bullock Loop and International Boulevard Interchange.
- $15.OM
CITY OF ['OR l WORT-H MON 1 C:OMFRY `;TRk[I.. (1MAR PRO. . NO. 02432
MARK EKLUND
ESTIMATING MANAGER
17 YEARS AT HAYDON / 39 YEARS TOTAL EXPERIENCE
ROLE/RESPONSIBILITIES:
' Mark will oversee Haydon's specific efforts in the areas of Cost Modeling and
GMP creation. Mark will be involved with design reviews, value engineering,
constructibility reviews, and technical engineering reviews. Having worked on
72 CMAR projects, Mark is uniquely qualified to provide experience on this
project.
SELECT PROJECT EXPERIENCE:
CERTIFICATION UTI C Town of Gilbert- Pecos Road Improvements (Phases I, II & III) CMAR -
Gilbert, AZ 42" reclaimed waterline, sewer, dry utilities, grading, paving,
BS, Construction Engineering landscaping, curb and gutter, traffic signals- $20.3M
Kansas State University
City of Mesa - Greenfield Road, Baseline Road to Southern Avenue
LEED Accredited Professional CMAR - Mesa, AZ I Widening of existing bridge to accommodate new road
improvements. The project consists of widening the roadway to include 3
WORK EXPERIENCE through lanes, raised median, dual left turn lanes and right turn lanes at the
intersections, walls, signals, lighting and landscaping - $6.8M
1993 - Present
HAYDON BUILDING CORP Town of Gilbert-Val Vista Drive Improvements CMAR - Gilbert, AZ
Vice President of The South Reach Phase included underground water, sewer, dry utilities,
Pre-Construction paving/grading, curb & gutter, landscaping, and traffic signals; the Williamsfield
to Germann Road Reach phase involved 2 miles of improvements to major
1985 - 1993 arterial roadway, including 6 lanes of traffic, striping, landscaping, traffic signals/
Decca Construction Co., Inc. lighting, concrete, irrigation, paving/grading, &stormdrain - $11.1 M
Vice President of
City of Mesa - Power Road Improvements, Pecos Road to Santan Freeway
Business Development
CMAR - Mesa, AZ 13 miles of new roadway and reconstruction, 4 bridges, box
1984- 1985 culverts and major intersection construction - $32.OM
Butterfield Development, Inc.
Estimator/Project Manager Town of Gilbert-Williamsfield & Recker Road Improvements CMAR
Gilbert, AZ I The project consists of 3 miles of major arterial roadway
1983 - 1984 improvements including 6 lanes of traffic, raised median, bike lane, dry utilities,
The City of Manhattan, grading, paving, striping, curb and gutter, landscaping, paver sidewalk, water
Kansas Planning Department line, sewer line, street lighting, and signage. The major intersection features
Assistant Planner colored and textured stamped asphalt- $22.6M
City of Mesa - Southern Avenue (Phase 1 Streetscape Improvements) CMAR
- Mesa, AZ I Streetscapes, monument signage, water, sewer, storm drain,
grading, paving, architecturally finished concrete, and stamped asphalt- $9.8M
City of Phoenix- Sonoran Boulevard CMAR - Phoenix, AZ I Project consists
of 7.5 miles of new roadway constructed within a 150-foot section of ROW
and will consist of one 12-foot lane in each direction with 8-foot(min) paved
shoulders and a raised or paved-flush median to handle two-way traffic; scope
also included three roadway bridges, a concrete shared use path, and steel
truss pedestrian bridges over the existing washes - $40.0 M
CITY`(CSI� [OR T W(:: R hN M N'l C;)C)VV1FRY `7 I RI-L: I- CMAR P[F('7J, NO, 021132
JON HARSHBARGER
0"Dolq
PROJECT SUPERINTENDENT
f
m 2 YEARS AT HAYDON / 30 YEARS TOTAL EXPERIENCE
ROLE/RESPONSIBILITIES:
Jon will run daily on-site operations and manage all subcontractors, and all
of our self-performed work. He will control and implement quality control
measures, traffic control coordination, material delivery scheduling, and general
field coordination. Jon will directly assist Mitchell Robinson in daily operations
to keep your project running smoothly, and will also assist Steve Rothwell
(Safety Manager) in developing and implementing a site and project-specific
safety plan. During pre-construction, Jon will provide expertise in reviewing the
plans for constructibility and value engineering options.
EDUCATION &
CERTIFICATIONS `f I °
Hazwopper 40 Hour Certification °
TxDOT- 1-30 Park & Ride - Grand Prairie, TX I Renovations to the existing
DART Light Rail Training 1-30 Freeway corridor between Beltline Road and MacArthur Boulevard;
construction includes multiple phasing, new entrance and exit ramps and a
THE Protection Training new park and ride facility. Mass Grading, storm drain pipe, water lines, soil
nail retaining walls, drilled shaft retaining walls, soil cement stabilization,
CIA Certified asphalt paving, concrete paving, hardscape with a Park and Ride Shelter and
CPR/First Aid Certified landscaping are some of the key features to this project- $17.2M
TxDOT- US-80 & Forney Parkway Bridge - Forney, TX I Construction of the
OSHA 30-Hour Certified Forney Parkway Bridge over US-80 and UPRR. The project includes drilled
shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and
WORK EXPERIENCE deck paving. Pipe includes 24" RCP- 439 LF, 30" RCP - 2,222 LF, 36" RCP-
2014 - Present 244 LF, 42" RCP- 200 LF, 7x4 box culvert- 743 LF. - $19.2M
HAYDON BUILDING CORP TxDOT- Precinct Line at Walker Branch — Hurst, TX I Roadway and bridge
Project Superintendent reconstruction and expansion involving a two phase bridge over Walker
2001 - 2014 Branch Creek, bridge demolition over Walker Branch, retaining walls, 4362
LF of storm drain systems, 2500 LF of new waterline involving a hot tap on a
AUI Contractors, TX 33" water transmition line, earthwork operations, subgrade improvements,
Project Superintendent concrete paving, HMAC paving, gabions, gabion mattresses, 36" stone rip rap,
1985 - 2001
landscaping, traffic signals, electrical improvements, fence improvements, and
Granite Construction, TX striping - $10.5M
Various Responsibilities TxDOT- Kaufman County SH-34 Structure & Paving Project -Terrell, TX
Structure and paving project on an EPA Superfund Hazmat Site with two sets of
retaining walls and a 9-span aesthetic bridge within 2' of historical buildings-
$20.OM
TxDOT- IH 20 McCart to US 183 - Fort Worth, TX I Demolition and
replacement of 14 bridges, 26 large MSE walls up to 50'tall, drainage
improvements, concrete paving, earthwork improvements, traffic switches,
illumination, and signage - $46.OM
CITY Y OF FOR I-W(:)RTI I MC:)N 1(-'jOMI-RY `>i Idl..l....r. C"
COLLEEN MARTINDALE
SENIOR ESTIMATOR
3 YEARS AT HAYDON / 8 YEARS TOTAL EXPERIENCE
Colleen will attend all design team meetings and provide up-to-date cost
and schedule information to enable the team to make decisions based on
real impact factors and best value construction methods. Colleen will work
with Mark on the development of Cost Models and GMP(s). With extensive
similar roadway experience, Colleen will provide input on design reviews,
value engineering, constructibility reviews, and technical engineering reviews.
Colleen will serve as our MBE designee, and will be the City's primary point of
contact regarding all matters related to MBE activity.
EDUCATION
CERTIFICATION
BS Civil Engineering
University of Texas TxDOT- 1-30 Park & Ride - Grand Prairie, TX I Renovations to the existing
1-30 Freeway corridor between Beltline Road and MacArthur Boulevard;
WORK HISTORY construction includes multiple phasing, new entrance and exit ramps and a
new park and ride facility. Mass Grading, storm drain pipe, water lines, soil
2013 - Present
HAYDON BUILDING CORP nail retaining walls, drilled shaft retaining walls, soil cement stabilization,
asphalt paving, concrete paving, hardscape with a Park and Ride Shelter and
Senior Estimator landscaping are some of the key features to this project- $17.2M
2007 - 2013 TxDOT- US-80 & Forney Parkway Bridge - Forney, TX I Construction of the
McCarthy, TX Forney Parkway Bridge over US-80 and UPRR. The project includes drilled
Senior Estimator shafts, stone columns, pier, pier caps, MSE retaining walls, concrete paving and
deck paving. Pipe includes 24" RCP -439 LF, 30" RCP- 2,222 LF, 36" RCP-
244 LF, 42" RCP- 200 LF, 7x4 box culvert- 743 LF. - $19.2M
TxDOT- Precinct Line at Walker Branch - Hurst, TX I Roadway and bridge
reconstruction and expansion involving a two phase bridge over Walker
Branch Creek, bridge demolition over Walker Branch, retaining walls, 4362
LF of storm drain systems, 2500 LF of new waterline involving a hot tap on a
33" water transmition line, earthwork operations, subgrade improvements,
concrete paving, HMAC paving, gabions, gabion mattresses, 36" stone rip rap,
landscaping, traffic signals, electrical improvements,fence improvements, and
striping - $10.5M
Port of Houston Authority- Barbour's Cut Wharf 1 Rehabilitation - Houston,
TX I Upgrade 1,333 feet of existing wharf by installing 36-inch and 48-inch
drilled piers, repair existing drilled piers, install a pre-cast concrete building,
portable water lines, hydrants, electrical equipment to support new wharf
cranes, electrical and communication duct banks, electrical conductors, high
mast light poles, reinforced concrete pavement, and pavement striping
- $35.0 million
("17 Y OF 1=0[ 1 WOR TI-1 MO N 1( C)MERY `-1 RIF] ("'MAR PR01 NO. 02d32
ATTACHMENT C
Standard General Conditions for a CMAR Contract
CMAR—CFW FOR: Page 12 of 12
STANDARD GENERAL CONDITIONS
FOR A CMAR AGREEMENT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 1 of 71
Revised December 2014
STANDARD GENERAL CONDITIONS OF A
CMAR.AGREEMENT
TABLE OF
CONTENTS
Page
Article 1 —Definitions and Terminology..........................................................................................................6
1.01 Defined Terms...............................................................................................................................6
1.02 Terminology.................................................................................................................................12
Article2—Preliminary Matters........................................................................................................................13
2.01 Copies of Documents...................................................................................................................13
2.02 Commencement of Contract Time;Notice to Proceed...............................................................13
2.03 Starting the Work.........................................................................................................................13
2.04 Before Starting Construction, Baseline Schedules......................................................................14
2.05 Preconstruction Conference.........................................................................................................14
2.06 Public Meeting.............................................................................................................................14
Article 3 —Contract Documents: Intent, Amending,Reuse..........................................................................14
3.01 Intent.............................................................................................................................................14
3.02 Reference Standards.....................................................................................................................15
3.03 Reporting and Resolving Discrepancies......................................................................................15
3.04 Amending and Supplementing Contract Documents.................................................................16
3.05 Reuse of Documents...................................................................................................................16
3.06 Electronic Data............................................................................................................................16
Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental
Conditions;Reference Points.........................................................................................................17
4.01 Availability of Lands ...................................................................................................................17
4.02 Subsurface and Physical Conditions ...........................................................................................17
4.03 Differing Subsurface or Physical Conditions..............................................................................18
4.04 Underground Facilities ................................................................................................................19
4.05 Reference Points ..........................................................................................................................20
4.06 Hazardous Environmental Condition at Site...............................................................................20
Article 5—Indemnity,Bonds and Insurance ....................................................................................................21
5.01 Indemnification................................................................................................................................21
5.02 Bonds............................................................................................................................................22
5.03 Certificates of Insurance..............................................................................................................23
5.04 Categories of Insurance...............................................................................................................24
5.05 Insurance Requirements.................................................................................25
5.06 Acceptance of Bonds and Insurance; Option to Replace ..........................................................27
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 2 of 71
Revised December 2014
Article 6-CMAR's Responsibilities..............................................................................................................27
6.01 Supervision and Superintendence...............................................................................................27
6.02 Labor; Working Hours.................................................................................................................28
6.03 Solicitation of Construction- Phase Work..................................................................................28
6.04 Service,Material and Equipment.................................................................................
6.05 Project Schedule..........................................................................................................................29
6.06 Substitutes and"Or Equals"........................................................................................................30
6.07 Concerning Subcontractors, Suppliers, and Others...................................................................32
6.08 Wage Rates................................................................................................................................33
6.09 Patent Fees and Royalties...............................................................................34
6.10 Permits and Utilities....................................................................................................................35
6.11 Laws and Regulations.................................................................................................................35
6.12 Taxes ...........................................................................................................................................36
6.13 Use of Site and Other Areas .......................................................................................................36
6.14 Record Documents......................................................................................................................37
6.15 Safety and Protection..................................................................................................................37
6.16 Safety Representative..................................................................................................................38
6.17 Hazard Communication Programs .............................................................................................38
6.18 Emergencies and/or Rectification...............................................................................................38
6.19 Submittals and Samples...........................................................................................................39
6.20 Continuing the Work...................................................................................................................40
6.21 CMAR's General Warranty and Guarantee................................................................................40
6.22 Additional Professional Design Services ..................................................................................41
6.23 Right to Audit..............................................................................................................................42
6.24 Nondiscrimination.......................................................................................................................42
Article 7-Other Work at the Site...................................................................................................................42
7.01 Related Work at Site...................................................................................................................42
7.02 Coordination................................................................................................................................43
Article 8-City's Responsibilities................................................................
8.01 Communications to CMAR.........................................................................................................43
8.02 Furnish Data................................................................................................................................43
8.03 Pay When Due ............................................................................................................................44
8.04 Change Orders.............................................................................................................................44
8.05 Inspections,Tests, and Approvals..............................................................................................44
8.06 Limitations on City's Responsibilities .......................................................................................44
8.07 Undisclosed Hazardous Environmental Condition...................................................................44
Article 9-City's Observation Status During Construction...........................................................................44
9.01 City's Project Representative.....................................................................................................44
9.02 Visits to Site................................................................................................................................45
9.03 Authorized Variations in Work..................................................................................................45
9.04 Rejecting Defective Work..........................................................................................................45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 71
Revised December2014
9.05 Determinations for Work Performed..........................................................................................45
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45
Article 10-Changes in the Work; Claims; Extra Work................................................................................46
10.01 Authorized Changes in the Work...............................................................................................46
10.02 Unauthorized Changes in the Work...........................................................................................46
10.03 Execution of Change Orders.......................................................................................................46
10.04 Extra Work..................................................................................................................................46
10.05 Notification to Surety..................................................................................................................47
10.06 Contract Claims Process.............................................................................................................47
Article 11 -Cost of the Work;Allowances;Unit Price Work.......................................................................48
11.01 Cost of the Work.........................................................................................................................48
11.02 Allowances/Contingency............................................................................................................54
11.03 Unit Price Work..........................................................................................................................54
11.04 Additional Compensation ..............................................................................55
Article 12-CMAR's Fee, Change of Contract Price; Change of Contract Time, Delays............................55
12.01 CMAR's Fee................................................................................................................................55
12.02 Change of GMP...........................................................................................................................55
12.03 Change of Contract Time...........................................................................................................56
12.04 Delays......................................................................................................56
Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................57
13.01 Notice of Defects ........................................................................................................................57
13.02 Access to Work...........................................................................................................................57
13.03 Tests and Inspections..................................................................................................................57
13.04 Uncovering Work........................................................................................................................58
13.05 City May Stop the Work.............................................................................................................58
13.06 Correction or Removal of Defective Work................................................................................59
13.07 Correction Period........................................................................................................................59
13.08 Acceptance of Defective Work...................................................................................................60
13.09 City May Correct Defective Work.............................................................................................60
Article 14-Payments to CMAR and Completion.........................................................................................61
14.01 Schedule of Values......................................................................................................................61
14.02 Progress Payments......................................................................................................................61
14.03 CMAR's Warranty of Title .........................................................................................................63
14.04 Partial Utilization........................................................................................................................63
14.05 Final Inspection...........................................................................................................................64
14.06 Final Acceptance.........................................................................................................................64
14.07 Final Payment..............................................................................................................................64
14.08 Final Completion Delayed and Partial Retainage Release ........................................................65
14.09 Waiver of Claims........................................................................................................................65
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 4 of 71
Revised December 2014
Article 15—Suspension of Work and Termination........................................................................................66
15.01 City May Suspend Work.............................................................................................................66
15.02 City May Terminate for Cause...................................................................................................66
15.03 City May Terminate For Convenience.......................................................................................68
Article 16—Dispute Resolution......................................................................................................................70
Methodsand Procedures.....................................................................................................................70
Article17—Miscellaneous..............................................................................................................................70
17.01 Giving Notice..............................................................................................................................70
17.02 Computation of Times................................................................................................................71
17.03 Cumulative Remedies.................................................................................................................71
17.04 Survival of Obligations...............................................................................................................71
17.05 Headings......................................................................................................................................71
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 5 of 71
Revised December 2014
ARTICLE 1–DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Wherever used in these General Conditions or in other Contract Documents, the terms listed below
have the meanings indicated which are applicable to both the singular and plural thereof, and words
denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized
or written in italics, but not always. When used in a context consistent with the definition of a listed-
defined term, the term shall have a meaning as defined below whether capitalized or italicized or
otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract
Documents include references to identified articles and paragraphs, and the titles of other documents or
forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and CMAR
covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by CMAR during the
course of the Work in requesting progress or final payments and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels established by the United States Occupational
Safety and Health Administration.
5. Award–Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder
should it seek to self-perform portions of the Work.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including
all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security
of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day–A business day is defined as a day that the City conducts normal business, generally
Monday through Friday,except for federal or state holidays observed by the City.
11. Business Diversity Enterprise Ordinance -the City's Business Diversity Enterprise Ordinance#20020-
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 6 of 71
Revised December 2014
12-2011, as amended.
12. Buzzsaw–City's on-line, electronic document management and collaboration system.
13. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight.
14. Change Order A document, which is prepared and approved by the City, which is signed by
CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the
Agreement.
15. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by its
governing body through its City Manager, his designee, or agents authorized under his behalf, and is
the entity with whom CMAR has entered into the Agreement and for whom the Work is to be
performed.
16. City Attorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly
authorized representative.
17. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas.
18. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,
Texas, or his duly authorized representative.
19. CMAR – A sole proprietorship, partnership, corporation, or other legal entity that assumes the
risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a
general contractor and provides consultation to the City regarding construction during and after
the design of the facility.
20. CMAR Fee —The moneys payable by City to CMAR for prosecution of the Work in accordance
with the Contract Documents as stated in the Agreement.
21. Contract Claim—A demand or assertion by City or CMAR seeking an adjustment of Contract
Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand
for money or services by a third parry is not a Contract Claim.
22. Contract—The entire and integrated written document between the CMAR and Contractor
concerning the Work. The Contract is subservient to the Agreement and all Contract Documents.
23. Contract Documents—The Agreement, the Request for Proposals, CMAR's Proposal, the
Construction Documents, and any exhibits thereto, and other necessary documents as may be
indicated by the City whether specifically attached hereto or provided separately. Approved
Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are
not Contract Documents.
24. Contract Price—The moneys payable by CMAR to a Contractor for completion of the Work in
accordance with the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 7 of 71
Revised December2014
25. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones,if any, and(ii) complete the Work so that it is ready for Final Acceptance.
26. Contractor—The individual or entity, whether one or more,with whom CMAR has entered into a
Contract for construction of the Work.
27. Construction Documents-Those written or electronic documents indicating the basic scope of work
as set forth by the Engineer, Engineer's formal construction documents, Drawings and
Specifications, including materials, and work package(s) bid documents.
28. Construction Phase Services – Those services to be provided by CMAR as defined in the RFP and
the CMAR's Proposal.
29. Cost of the Work—The included and excluded costs which CMAR shall consider when developing the
CMAR's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details.
30. Damage Claims – A demand for money or services arising from the Project or Site from a third
party, City, CMAR or Contractor exclusive of a Contract Claim.
31. Day or day–A day,unless otherwise defined, shall mean a Calendar Day.
32. Director of Aviation – The officially appointed Director of the Aviation Department of the City of
Fort Worth,Texas, or his duly appointed representative, assistant, or agents.
33. Director of Parks and Community Services – The officially appointed Director of the Parks and
Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents
34. Director of Planning and Development – The officially appointed Director of the Planning and
Development Department of the City of Fort Worth, Texas, or his duly appointed representative,
assistant, or agents.
35. Director of Transportation and Public Works – The officially appointed Director of the
Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
36. Director of Water Department – The officially appointed Director of the Water Department of the
City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents.
37. Drawings — That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by Contractor.
Submittals are not Drawings as so defined.
38. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed by the
City Manager.
39. Engineer – The licensed professional engineer or engineering firm registered in the State of Texas
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performing professional services for the City.
40. Extra Work – Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the Contract
Documents. Extra Work shall be incorporated into the Work.
41. Field Order —A written order issued by City which requires changes in the Work but which does
not involve a change in the GNP, Contract Time, or the intent of the Engineer. Payment for Field
Orders are paid from Field Order Allowances, if any, or other funding sources incorporated into the
Agreement.
42. Final Acceptance – The written notice given by the City to the CMAR that the Work specified in
the Contract Documents has been completed to the satisfaction of the City.
43. Final Inspection – Inspection carried out by the City to verify that the CMAR has completed
the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with
the Contract Documents.
44. General Requirements—Sections of Division 1 of the Contract Documents.
45. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established
by the CMAR according to the Contract Documents and as approved by the City.
46. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that
may present a substantial danger to persons or property exposed thereto.
47. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations, as
amended from time to time.
48. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and
orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
49. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.
50. Liquidated Damages. A specified sum of money that, for each calendar day that any work shall
remain uncompleted after the time specified in the Agreement, will be deducted from the monies due
the CMAR, not as a penalty, but as liquidated damages suffered by the City.
51. Major Item – An Item of work included in the Contract Documents that has a total cost equal to or
greater than 5%of the original Contract Price or$25,000 whichever is less.
52. MBE - A business concern located in the Marketplace (as defined in the Business Diversity
Ordinance #20020-12-2011, as amended) meeting the following criteria: is at least 51 percent
owned by one or more minori1y persons, or, in the case of any publicly owned business, at least 51
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percent of the stock is owned by one or more minoifty persons; and management and daily business
operations are controlled by one or more minori1y persons who own it.
53. MBE Plan – An MBE Utilization Plan to address the diverse MBE goal for use when bids or
proposals are sought from trade contractors or subcontractors for performance of all major elements
of the Work.
54. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract
Time prior to Final Acceptance of the Work.
55. Notice of Award—The written notice by City to the successful Proposer stating that upon timely
compliance by the successful Proposer with the conditions precedent listed therein, City will execute
the Agreement.
56.Notice to Proceed—A written notice given by City to CMAR fixing the date on which the Contract
Time will commence to run and on which Contractor shall start to perform the Work specified in
Contract Documents.
57. Open Book Price The price of subcontracts and purchases,the site expenses for superintendence and
professional services directly supporting the construction effort plus agreed overhead and profit.
58. PCBs—Polychlorinated biphenyls.
59.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil,petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Waste and crude oils.
60. Plans–See definition of Drawings.
61. Pre-Construction Phase Services–Those services to be provided by CMAR as defined in the RFP.
62. Project—The Work to be performed under the Contract Documents.
63. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the
General Requirements, describing the sequence and duration of the activities comprising the
Contractor's plan to accomplish the Work within the Contract Time.
64. Project Representative The authorized representative of the City who will be assigned to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
65. Proposal – A Proposer's response to the RFP issued by the City to solicit a CMAR to perform
CMAR services.
66. Proposer–A CMAR Firm which submits a Proposal.
67. Public Meeting – An announced meeting conducted by the City and/or CMAR to facilitate public
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participation and to inform the public of the Project.
68. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time.
69.Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru
Friday(excluding legal holidays).
70.Request for Proposals (RFP) – A request by the City issued to qualified CMAR Firms for
Proposals to perform CMAR services for the Project.
71.Retainage –The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR's progress payments
72. Samples—Physical examples of materials, equipment, or workmanship that are representative of
some portion of the Work and which establish the standards by which such portion of the Work will
bejudged.
73. Schedule of Submittals—A schedule, prepared and maintained by CMAR, of required submittals
and the time requirements to support scheduled performance of related construction activities.
74. Schedule of Values—A schedule prepared and maintained by CMAR, allocating portions of the
Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications
for Payment.
75. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which
the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and
such other lands furnished by City which are designated for the use of CMAR in furtherance of the
Project.
76. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached, may be
incorporated by reference.
77. Subcontractor—An individual or entity having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work at the Site.
78. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate
some portion of the Work.
79. Substantial Completion – The stage in the progress of the Project when the Work (or designated
portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City
can utilize the Project(or a designated portion thereof)for its intended use.
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80. Successful Bidder—The Bidder submitting the lowest and most responsive Bid and to whom CMAR
makes an award of Contract unless otherwise directed by City.
81. Superintendent – The representative of the CMAR who is available at all times and able to receive
instructions from the City and to act for the CMAR.
82. Supplementary Conditions—That part of the Contract Documents which amends or supplements
these General Conditions.
83. Supplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CMAR, Contractor or with any Subcontractor to furnish materials or equipment to be
incorporated in the Work.
84. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities,
including but not limited to, those that convey electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
85. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
86. Weekend Working Hours–Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday
or legal holiday, as approved in advance by the City.
87. Work—The collective design-phase and construction-phase, or the various separately identifiable
parts thereof, required to be provided under the Contract Documents. Work includes and is the result
of performing or providing all labor, services, and documentation necessary to produce such design
and construction including any Change Order or Field Order, and furnishing, installing, and
incorporating all materials and equipment into such construction, all as required by the Contract
Documents.
88. Working Day–A working day is defined as a day,not including Saturdays, Sundays, or legal holidays
authorized by the City for contract purposes, in which weather or other conditions not under the
control of the CMAR will permit the performance of the principal unit of work underway for a
continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents,have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
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the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory,faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide, Supply.
The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the
word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Common Construction Terms: Unless stated otherwise in the Contract Documents,
words or phrases that have a well-known technical or construction industry or trade meaning
are used in the Contract Documents in accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the
Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as
requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time;Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
2.03 Starting the Work
CMAR shall begin compensable performance of the design-phase portion of the Work on the
date when the Contract Time commences to run. No construction-phase Work shall be done at the
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Site prior to the date on which the City approves the final design of the Work, unless an early works
package,whether one or more,is requested and permission is specifically granted by the City.
2.04 Before Starting Construction, Baseline Schedules
CMAR shall submit to City its schedule in accordance with the Contract Documents, and
prior to starting the Work.No progress payment shall be made to CMAR until acceptable schedules
are submitted to City in accordance with the Schedule Specification as provided in the Contract
Documents.
2.05 Preconstruction Conference
Before any construction-phase Work at the Site is started, the CMAR shall attend a
Preconstruction Conference as specified in the Contract Documents.
2.06 Public Meeting
CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR and
Contractor, if known, attending the Public Meeting as scheduled by the City.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The CMAR or Contractor shall not take advantage of any variation of form, format
or style in making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
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section is provided as an aid and convenience to the Contractor. The CMAR or Contractor shall
not rely on the cross referencing provided and shall be responsible to coordinate the entire Work
under the Contract Documents and provide a complete Project whether or not the cross
referencing is provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes,Laws,and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, CMAR,
Contractor, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to City or any of its officers, directors, members, partners, employees, agents, consultants, or
subcontractors, any duty or authority to supervise or direct the performance of the Work or
any duty or authority to undertake responsibility inconsistent with the provisions of the
Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. CNIAR's and Contractor's Review of Contract Documents Before Starting Work: Before
undertaking each part of the Work, CMAR an d Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein against all
applicable field measurements and conditions. CMAR shall promptly report in writing to
City any conflict, error, ambiguity, or discrepancy which CMAR discovers, or has actual
knowledge of, and shall obtain a written interpretation or clarification from City before
proceeding with any Work affected thereby.
2. CMAR's or Contractor's Review of Contract Documents During Performance of Work:
If, during the performance of the Work, CMAR or Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents, or between the Contract
Documents and (a) any applicable Law or Regulation, (b) any standard, specification,
manual, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it
to City in writing. CMAR shall not proceed with the Work affected thereby (except in an
emergency as required by Paragraph 6.18.A) until an amendment or supplement to the
Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.
3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless CMAR had actual knowledge thereof.
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B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by
one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal(subject to the provisions of Paragraph 6.19.C);or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
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to Contractor, or by CMAR to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies,the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify CMAR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CMAR must comply in
performing the Work. City will obtain in a timely manner and pay for easements for permanent
structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the MAR in accordance with the Contract Documents must consider
any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or
relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary
Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract
Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by
others.
B. Upon reasonable written request, City shall furnish CMAR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. CMAR shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
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2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site(except Underground Facilities).
B. Limited Reliance by CMAR on Technical Data Authorized.• CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors,members,partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by CMAR, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations,opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then CMAR shall, immediately after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.18.A),notify City in writing about such condition.
B. Possible Price and Time Adjustments
CNL R shall be entitled to an adjustment in the GMP or Contract Time if:
1. CMAR did not know of the existence of such conditions at the time CMAR made a final
commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or
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becoming bound under a negotiated contract; or
2. the existence of such condition could not reasonably have been discovered or revealed as a
result of the examination of the Contract Documents or the Site; or
3. CMAR gave the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. The cost of all of the following will be included in the GMP, and CMAR shall have full
responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities,including City,during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.18.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. CMAR shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
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3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
MAR shall provide engineering surveys to establish reference points for construction, which are
necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or
other customary method of marking to establish line and grades for roadway and utility construction,
centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established
reference points and property monuments, and shall make no changes or relocations. CMAR shall
report to City whenever any reference point or property monument requires relocation because of
necessary changes in grades or locations. CMAR shall be responsible for the replacement or
relocation of reference points or property monuments destroyed by the CMAR or Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by CMAR on Technical Data Authorized.- CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors,members,partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by CMAR and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data,interpretations, opinions or information.
C. CMAR shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a
Hazardous Environmental Condition created with any materials brought to the Site by CMAR,
Contractor, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible.
D. If CMAR encounters a Hazardous Environmental Condition or if CMAR or anyone for whom
CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such
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condition and in any area affected thereby (except in an emergency as required by Paragraph
6.18.A); and (iii) verbally notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any. When the Hazardous Environmental Condition has been rendered
harmless by the City's separate remediation contractor,the work in the affected area shall resume
upon written agreement of the City and CMAR. For such Hazardous Environmental Conditions
that CMAR encounters that are not within CMAR's scope of work, the Contract Time shall be
extended appropriately and the Contract Price shall be increased in the amount of Contractor's
reasonable costs of shut-down, delay and start-up,by Change Order.
E. CMAR shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to CMAR: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice CMAR does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and
all court or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by CMAR or by anyone for whom CMAR is responsible.
Nothing in this Paragraph shall obligate CMAR to indemnify any individual or entity from
and against the consequences of that individual's or entity's own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5—INDEMNITY,BONDS AND INSURANCE
5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME
LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND
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HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR
DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM,IN WHOLE OR INPART,ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S
OFFICERS,AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES, THE INTENT
OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS
SOLE OR CONCURRENT NEGLIGENCE.
5.02 Bonds
All bonds and insurance required by the Contract Documents to be purchased and maintained by
CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in
the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such
surety and insurance companies shall also meet such additional requirements and qualifications as
may be provided in the Supplementary Conditions.
Performance,Payment, and Maintenance Bonds
A. If a fixed contract amount or GMP has not been determined at the time the Agreement
is awarded, the penal sums of the performance and payment bonds must each be in an
amount equal to the construction budget.
B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver
to the City payment and performance bonds or a bid bond or other financial security acceptable
to City to ensure that the CMAR will furnish the payment and performance bonds prior to
commencement of the construction Work. No payment or performance bond is required for the
design portion of the Agreement. The payment and performance bonds shall each be on a form
acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in
the name of the City.
C. Maintenance bond(s), valid for two years from the Substantial Completion date of the
construction Work, shall be procured and provided by the CMAR to City prior to final
acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name
of and in favor of the City.
D. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice will be given to the CMAR to that effect and the CMAR shall
immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an
agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its
right to do business in the State of Texas is terminated or it ceases to meet the requirements of
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Paragraph 5.02.13, CMAR shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.D.
5.03 Certificates of Insurance
CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by
City or any other additional insured)which CMAR is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as"Additional Insured"on all liability policies.
2. The CMAR's general liability insurance shall include a, "per project" or "per location",
endorsement,which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Properly& Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the CMAR agrees to waive all rights of subrogation against the
Engineer (if applicable, and except related to any Builders' Risk insurance provided by
CMAR), and each additional insured identified in the Supplementary Conditions.
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of
insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Agreement and for three (3) years following
Final Acceptance provided under the Contract Documents or for the warranty period,
whichever is longer. An annual certificate of insurance submitted to the City shall evidence
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such insurance coverage.
9. Policies shall have no exclusions by endorsements which neither nullify or amend the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been awarded and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the CMAR or Contractor to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR) in excess of $25,000.00 affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups,must also be approved by City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverages and their limits when deemed necessary
and prudent by the City based upon changes in statutory law, court decision or the claims
history of the industry as well as of the contracting party to the City. The City shall be
required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Agreement by amendment.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto.
13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's
insurance.
5.04 Categories of Insurance
A. Workers Compensation and Employers' Liability. CMAR shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from CMAR's
performance of the Work and CMAR's other obligations under the Contract Documents,
whether it is to be performed by CMAR, Contractor, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform any of the Work, or by anyone for
whose acts any of them may be liable for:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
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products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy,unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the CMAR to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto',
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the CMAR, Contractor, any Subcontractor or
Supplier, or by anyone directly or indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the CMAR shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: CMAR shall immediately notify City upon cancellation or
other loss of insurance coverage. CMAR shall stop work until replacement insurance has been
procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Insurance Requirements
A. Preconstruction Phase Services:
1. CMAR shall not commence work under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease-policy limit
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$100,000 disease-each employee
2. Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMAR's worker's compensation
insurance policy, the City, its officers, employees and servants shall be endorsed as an
additional insured on CMAR's insurance policies.
b. Certificates of insurance shall be delivered to the City's Project Representative at the address
specified prior to commencement of Work.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days'
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
L Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The City must approve in writing any alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the Project
shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
City.
h. CMAR's insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by City shall not be
called upon to contribute to loss recovery.
i. In the course of the Agreement, CMAR shall report, in a timely manner,to City's Project
Representative any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
j. CMAR's liability shall not be limited to the specified amounts of insurance required herein.
B. Construction Phase:
The limits of liability for the required insurance shall provide the following coverages for not
less than the following amounts or greater where required by laws and regulations:
Workers' Compensation:
Statutory limits
Employer's liability
$100,000 each accident/occurrence
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$100,000 Disease - each employee
$500,000 Disease -policy limit
Commercial General Liability:
Commercial General Liability shall be on a per project basis covering the CMAR with
minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work package,
if more than one.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
Automobile Liability:
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned and shall be in an amount not less than the following amounts:
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250,000 Bodily Injury per person/
$500,000 Bodily Injury per accident/
$100,000 Property Damage
5.06 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the CMAR in accordance with this Article 5 on the
basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in
writing within 10 Business Days after receipt of the certificates (or other evidence requested).
CMAR shall provide to the City such additional information in respect of insurance provided as the
City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior
to the start of the Work, or of such failure to maintain prior to any change in the required coverage.
ARTICLE 6—CMAR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting
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such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. CMAR shall be solely responsible for the
means,methods,techniques, sequences,and procedures of construction.
B. At all times during the progress of the Work, CMAR shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be CMAR's representative at the Site and shall have authority to act on
behalf of CNL R. All communication given to or received from the Superintendent shall be
binding on CMAR.
C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of
construction-phase Work.
6.02 Labor; Working Hours
A. MAR shall provide competent, suitably qualified personnel to perform construction as required
by the Contract Documents. CMAR shall at all times maintain good discipline and order at the
Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. MAR will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication)to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior;
2. for Weekend Working Hours request must be made by noon of the preceding Thursday;
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Solicitation of Construction-Phase Work.
A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade
contractors or subcontractors for the performance of all major elements of the Work other than
minor work that may be included in the Construction Documents. MAR may seek to self-
perform portions of the Work by submitting its Bid or proposal for those portions of the work in
the same manner as all other trade contractors or subcontractors and upon a determination by
City that the CMAR's bid or proposal provides the best value for the City.
B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that
does not disclose the contents of the Bid or proposal during the selection process to a person not
employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the
City on request and to the public after the later of the award of the Contract or the seventh day
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after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and
recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City
requires another Bid or proposal to be accepted, City shall compensate the CMAR by a change
in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the
City's requirement that another Bid or proposal be accepted.
C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to
execute a Contract after being so selected, the CMAR may fulfill, without advertising, the
Contract requirements or select a replacement trade contractor or subcontractor to fulfill the
Contract requirements.
6.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of
required tests) as to the source,kind, and quality of materials and equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of Agreement, unless otherwise specified.
6.05 Project Schedule
A. CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and
the General Requirements as it may be adjusted from time to time as provided below.
1. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the
General Requirements) proposed adjustments in the Project Schedule that will not result in
changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. CMAR shall submit to City a monthly Project Schedule with a monthly progress payment for
the duration of the Agreement in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
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may only be made by a Change Order.
6.06 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Construction
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function, appearance, and quality
required. Unless the specification or description contains or is followed by words reading that:
no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to,City by CMAR for review under the
circumstances described below.
1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by
CMAR is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if.
a. The City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. CMAR certifies that,if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Construction Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by CMAR does not
qualify as an "or-equal" item, it may be submitted as a proposed substitute item.
b. CMAR shall submit sufficient information as provided below to allow City to determine
if the item of material or equipment proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for review of proposed substitute items of
material or equipment will not be accepted by City from anyone other than CMAR.
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c. CMAR shall make written application to City for review of a proposed substitute item of
material or equipment that CMAR seeks to furnish or use. The application shall comply
with Section 0125 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
CMAR's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales,maintenance,repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents, CMAR
may furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction approved by City. CMAR shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. CMAR shall make written application to City for review
in the same manner as those provided in Paragraph 6.06.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.B. City may require CMAR
to furnish additional data about the proposed substitute. City will be the sole judge of
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acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an"or-equal." City will advise CMAR in writing of its determination.
D. Special Guarantee: City may require CMAR to furnish at CMAR's expense a warranty with
respect to any substitute. CMAR shall indemnify and hold harmless City and anyone directly
or indirectly employed by them from and against any and all claims, damages, losses and
expenses (including attorneys' fees) arising out of the use of substituted materials or
equipment
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.B. Whether or not City approves
a substitute so proposed or submitted by CMAR, CMAR may be required to reimburse City for
evaluating each such proposed substitute. CMAR may also be required to reimburse City for the
charges for making changes in the Contract Documents (or in the provisions of any other direct
contract with City)resulting from the acceptance of each proposed substitute.
F. CMAR's Expense: CMAR shall provide all data in support of any proposed substitute or"or-
equal" at CMAR's expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Agreement by Change Order.
H. Time Extensions:No additional time will be granted for substitutions.
6.07 Concerning Subcontractors, Suppliers, and Others
A. Business Diversity Enterprise Ordinance Compliance: It is a City requirement to ensure the full
and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the
procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If
the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply
with the City's Business Diversity Ordinance by doing the following:
1. CMAR shall provide complete and accurate information regarding actual work performed by
an MBE and/or SBE on the Contract and payment therefor.
2. CMAR's or Contractor's failure to make payments as provided by state law shall, in addition
to any other remedies provided by law, authorize City to withhold future payments and/or
reject future bids from the CMAR or Contractor until compliance with the Business Diversity
Enterprise Ordinance is attained.
3. CMAR will not make additions, deletions, or substitutions of accepted MBE/SBE firms
without written consent of the City. Any unjustified change or deletion shall be a material
breach of the Agreement and may result in disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
4. CMAR shall, upon request by City, allow an audit and/or examination of any books,records,
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or files in the possession of the CMAR that will substantiate the actual work performed by
an MBE and/or SBE. Material misrepresentation of any nature may be grounds for
termination of the Agreement in accordance with Paragraph 15.02.A. Any such
misrepresentation may subject CMAR to disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
B. CMAR shall be fully responsible to City for all acts and omissions of the Contractor,
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the
Contract Documents shall:
1. create for the benefit of any such Contractor, Subcontractor, Supplier, or other individual
or entity, any contractual relationship between City and any such Contractor, Subcontractor,
Supplier or other individual or entity; nor
2. create any obligation on the part of City to pay or to see to the payment of any monies due
any such Contractor, Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
C. CMAR shall be solely responsible for scheduling and coordinating the Work of Contractor,
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with CMAR.
D. All Contractor(s), Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work shall communicate with City through CMAR.
E. All Work performed for CMAR by a Contractor, Subcontractor or Supplier will be pursuant to an
appropriate agreement between CMAR and the Contractor, Subcontractor or Supplier which
specifically binds the Contractor, Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of City.
6.08 Wage Rates
A. Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. CMAR, Contractor or any Subcontractor who does not pay the prevailing
wage shall, upon demand made by the City, pay to the City $60 for each worker employed for
each calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs,pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
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Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
CMAR, Contractor or Subcontractor and any affected worker of its initial determination. Upon
the City's determination that there is good cause to believe the CMAR, Contractor or
Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the
claimant or claimants as the difference between wages paid and wages due under the prevailing
wage rates, such amounts being subtracted from successive progress payments pending a final
determination of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR,
Contractor or Subcontractor and any affected worker does not resolve the issue by agreement
before the 15th day after the date the City makes its initial determination pursuant to Paragraph
C above. If the persons required to arbitrate under this section do not agree on an arbitrator
before the 11th day after the date that arbitration is required, a district court shall appoint an
arbitrator on the petition of any of the persons. The City is not a parry in the arbitration. The
decision and award of the arbitrator is final and binding on all parties and may be enforced in
any court of competent jurisdiction.
E. Records to be Maintained. The CMAR, Contractor and each Subcontractor shall, for a period of
three (3) years following the date of acceptance of the work, maintain records that show (i) the
name and occupation of each worker employed by the CMAR, Contractor or Subcontractor in
the construction of the Work provided for in this Agreement; and (ii) the actual per diem wages
paid to each worker. The records shall be open at all reasonable hours for inspection by the
City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is more frequent,
the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements
of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all
times.
H. Subcontractor Compliance. A Contractor shall include in its subcontracts and/or shall otherwise
require all of its Subcontractors to comply with Paragraphs A through G above.
6.09 Patent Fees and Royalties
A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
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to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.10 Permits and Utilities
A. CNLAR obtained permits and licenses. CMAR shall obtain and pay for all construction permits
and licenses except those provided for below, in the Supplementary Conditions, or Contract
Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses.
CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.10.B.
City shall pay all charges of utility owners for connections providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for below, in the Supplementary Conditions, or Contract Documents. It will be the
CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes
to the Work beyond the scope of any City-acquired permit, the Contractor is responsible for
obtaining clearances and coordinating with the appropriate regulatory agency. The City will not
reimburse the Contractor for any cost associated with these additional requirements of any City-
acquired permit. The following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S.Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
6.11 Laws and Regulations
A. CMAR shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring CMAR's
compliance with any Laws or Regulations.
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B. If CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall
bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) arising out of or relating to such Work. However, it shall not be CMAR's responsibility to
make certain that the Construction Documents are in accordance with Laws and Regulations, but
this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.12 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption
certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate
issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of
State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax
Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin,TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-fonns.html
6.13 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. CMAR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. CMAR shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the CMAR to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim.
4. CMAR shall indemnify and hold harmless City from and against all claims, costs, losses,
and damages arising out of or relating to any claim or action, legal or equitable, brought
by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work.• During the progress of the Work CMAR
shall keep the Site and other areas free from accumulations of waste materials, rubbish, and
other debris. Removal and disposal of such waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24-hours after written notice is given to the CMAR that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the CMAR.
D. Final Site Cleaning. Prior to Final Acceptance of the Work, CMAR shall clean the Site and the
Work and make it ready for utilization by City or adjacent property owner. At the completion of
the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures. CMAR shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall CMAR subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.14 Record Documents
A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals
and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate
locations for buried and imbedded items.
6.15 Safety and Protection
A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve a
Contractor or Subcontractor(s) of their responsibility for the safety of persons or property in the
performance of their work, nor for compliance with applicable safety Laws and Regulations.
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CMAR shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal,relocation, or replacement in the course of construction of the Work.
B. CMAR shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall
notify owners of adjacent property and owners of Underground Facilities and other utility
owners when prosecution of the Work may affect them and shall cooperate with them in the
protection,removal,relocation, and replacement of their property.
C. CMAR shall comply with the applicable requirements of City's safety programs,if any.
D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with
which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused,
in whole or in part, by CMAR, Contractor, any Subcontractor, Supplier, or any other individual
or entity employed by any of them to perform any of the Work, or anyone for whose acts any of
them may be liable,shall be remedied by CMAR.
F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.16 Safety Representative
CMAR shall inform City in writing of CMAR's designated safety representative at the Site.
6.17 Hazard Communication Programs
CMAR shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.18 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR
shall give City prompt written notice if CMAR believes that any significant changes in the
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Work or variations from the Contract Documents have been caused thereby or are required as a
result thereof. If City determines that a change in the Contract Documents is required because of
the action taken by CMAR in response to such an emergency, a Change Order may be issued.
B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the CMAR written notice that such work or changes are to be performed. The
written notice shall direct attention to the discrepant condition and request the CMAR to take
remedial action to correct the condition. In the event the CMAR does not take positive steps to
fulfill this written request, or does not show just cause for not taking the proper action, within 24
hours, the City may take such remedial action with City forces or by contract. The City shall
deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds
due or become due the CMAR on the Project.
6.19 Submittals and Samples
A. CMAR shall submit required Submittals an d S amp 1 e s to City for review and acceptance.
Each Submittal or Sample shall be uniquely identified.
1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment CMAR proposes to provide and to enable City to review
the information for the limited purposes required by Paragraph 6.19.C.
3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance
with the design concept shall be executed in conformity with the Contract Documents unless
otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse CMAR from requirements shown on the Drawings and
Specifications.
5. For-Information-Only Submittals upon which the City is not expected to conduct review or
take responsive action shall be so identified.
6. Submit the required number of Samples as specified in the Supplemental Conditions.
7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.19.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of CMAR.
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C. City's Review:
1. City will provide timely review of Submittals. City's review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve CMAR from responsibility for any variation
from the requirements of the Contract Documents unless CMAR has complied with the
requirements of Section 01 33 00 and City has given written acceptance of each such
variation by specific written notation thereof incorporated in or accompanying the Submittal.
City's review and acceptance shall not relieve CMAR from responsibility for complying
with the requirements of the Contract Documents.
6.20 Continuing the Work
Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in
writing.
6.21 CMAR's General Warranty and Guarantee
A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
CMAR's warranty and guarantee.
B. CMAR's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than CMAR,
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is
responsible; or
2. normal wear and tear under normal usage.
C. CMAR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute.None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents nor act as a release of CMAR's obligation to
perform the Work in accordance with the Contract Documents:
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1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or
any payment related thereto by City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection,test,or approval by others; or
7. any correction of defective Work by City.
D. The CMAR shall remedy any defects or damages in the Work that was not performed in
accordance with the Contract Documents, and pay for any damage to other work or property
resulting therefrom which shall appear within a period of two (2) years from the date of
Substantial Completion of the Work and shall furnish a good and sufficient maintenance
bond, complying with the requirements of Article 5.02.C. The City will give notice of
observed defects with reasonable promptness.
6.22 Additional Professional Design Services
A. CMAR will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out CMAR's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of CMAR by the Contract Documents, City will
specify all performance and design criteria that such services must satisfy. CMAR shall cause
such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by CMAR's design professionals.
D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.19.C.
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6.23 Right to Audit
A. The CMAR agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers, and records of the CMAR involving transactions
relating to this Agreement, except that any lump sum amounts or agreed-upon rates shall not be
subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to
all necessary CMAR facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give CMAR reasonable advance notice of intended audits.
B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the
Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years
after final payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers, and records of such Contractor or
Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or
agreed-upon rates shall not be subject to audit), and further, that City shall have access during
Regular Working Hours to all Contractor or Subcontractor facilities, and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this Paragraph. The City shall give Contractor or Subcontractor reasonable advance
notice of intended audits.
C. CMAR, Contractor and Subcontractor agree to photocopy such documents as may be requested
by the City. The City agrees to reimburse CMAR, Contractor or Subcontractor for the cost of the
copies at the rate published in the Texas Administrative Code in effect as of the time copying is
performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 (the 'Act') as amended: CMAR shall comply with the
requirements of the Act and the Regulations as further defined in the Supplementary Conditions
for any project receiving Federal assistance.
ARTICLE 7—OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners; and such other contractors shall be responsible for procuring their own property,
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liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to CMAR prior to starting any such other work.
B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise make its several parts come together
and properly integrate with such other work. CMAR shall not endanger any work of others by
cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or
alter others' work with the written consent of City and the others whose work will be affected.
C. If the proper execution or results of any part of CMAR's Work depends upon work performed by
others under this Article 7, CMAR shall inspect such other work and promptly report to City in
writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report
will constitute an acceptance of such other work as fit and proper for integration with CMAR's
Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8—CITY'S RESPONSIBILITIES
8.01 Communications to CMAR
City shall issue all communications to CMAR.
8.02 Furnish Data
City shall timely:
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A. Provide to CMAR all criteria and full information as to its requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which the City will require to be included in the Project's design or other
information required under the Contract Documents.
B. Provide to CMAR all non-confidential technical data in its possession which it may lawfully
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pay When Due
City shall make payments to CMAR in accordance with Article 14.
8.04 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.05 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.06 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and
Regulations applicable to the performance of the Work. City will not be responsible for
CMAR's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) for the duration of the Project. The duties
and responsibilities and the limitations of authority of City's Project Representative(s) during each
phase of the Work are set forth in the Contract Documents.
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9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of the Work as City deems necessary in order to observe the progress that has been made
on the various aspects of the Work. Based on information obtained during such visits and
observations, City's Project Representative will determine, in general, if the Work is proceeding
in accordance with the Contract Documents. City's Project Representative will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. City's Project Representative's efforts will be directed toward providing City a greater
degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.06.
9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and
are compatible with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. These may be accomplished by a Field Order and will be binding on
City and CMAR,who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative, in conjunction with
input from City inspectors, believes to be defective, or will not produce a completed Project that
conforms to the Contract Documents or that will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents. City will have
authority to conduct special inspection or testing of the Work as provided in Article 13, whether or
not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Performed
CMAR will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with CMAR the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
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C. City's written decision on the issue referred will be final and binding on the CMAR, subject to
the provisions of Paragraph 10.06.
ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
10.02 Unauthorized Changes in the Work
CMAR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time
with respect to any work performed that is not required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as
provided in Paragraph 6.18.
10.03 Execution of Change Orders
A. City and CMAR shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.0l.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or(iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the CMAR shall proceed with the work after
making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The CMAR shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
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C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and fmal payment for all costs CMAR incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be CMAR's responsibility.
The amount of each applicable bond will be adjusted by the MAR to reflect the effect of any such
change.
10.06 Contract Claims Process
A. City's Decision Required. All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. written notice stating the general nature of each Contract Claim shall be delivered by the
CMAR to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for CMAR to submit additional or more accurate data in support of
such Contract Claim).
3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the
provisions of Paragraph 12.02.
4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.03.
5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment
claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said
event.
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the CMAR,if any,take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
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2. approve the Contract Claim; or
3. notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.13, necessarily incurred and paid by CMAR in the proper performance of the
Work. When the value of any Work is covered by a Change Order,the costs to be reimbursed to
CMAR will be only those additional or incremental costs required because of the change in the
Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.013,
but shall include,but not be limited to,the following items:
1. payroll costs for employees in the direct employ of CMAR in the performance of the
Work under schedules of job classifications agreed upon by City and CMAR . Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55%markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and
refunds or returns from sale of surplus materials and equipment shall accrue to City and
CMAR shall make provisions so that they may be obtained. Costs of materials described in
this paragraph in excess of those actually installed but required to provide reasonable
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allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to
the City at the completion of the Work or, at the City's option, shall be sold by the CMAR
or returned to the supplier; amounts realized, if any, from such sales or returns shall be
credited to the City as a deduction from the Cost of the Work.
3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented
from CMAR or others in accordance with rental agreements approved by City, and the costs
of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such
costs shall be in accordance with the terms of said rental agreements. The rental of any such
equipment, machinery, or parts shall cease when the use thereof is no longer necessary for
the Work.
4. Payments made by CMAR to its Contractor or Subcontractors for Work performed by
Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be
paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and
fee shall be determined by the CMAR.
a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. The most
recent published edition in effect at the commencement of the actual equipment use
shall be used.
b. Rates shall apply to equipment in good working condition. Equipment not in good
condition, or larger than required, may be rejected by City's Project Representative or
Engineer or accepted at reduced rates.
c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the
basis that the equipment was on and utilized at the Project site. In addition to the
leasing rate above, equipment operational costs shall be paid at the estimated operating
cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Blue Book Payment
Actual Usage Category
Less than 8 hours Hourly Rate
8 or more hours but less than Daily Rate
7 days
7 or more days but less than Weekly Rate
30 days
30 days or more Monthly Rate
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d. Equipment when idle (Standby): Idle or standby equipment is equipment on-site or in
transit to and from the Work site and necessary to perform the Work under the
modification but not in actual use. Idle equipment time, as documented by the
Engineer, shall be paid at the leasing rate determined in Paragraph 11.01.A.4.c.,
excluding operational costs.
e. Where a breakdown occurs on any piece of equipment, payment shall cease for that
equipment and any other equipment idled by the breakdown. If any part of the Work is
shut down by the City, standby time will be paid during non-operating work hours if
diversion of equipment to other Work is not practicable. Project Representative
reserves the right to cease standby time payment when an extended shutdown is
anticipated.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed by CMAR for services
specifically related to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
CMAR's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, dismantling and removal of all materials,
supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,
and hand tools not owned by the workers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain
the property of CMAR.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR
is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations.
d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to any of the Work that
has been completed and accepted by the City, not compensated by insurance or
otherwise, sustained by CMAR in connection with the performance of the Work,
provided such losses and damages have resulted from causes other than the negligence of
CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made
with the written consent and approval of City. No such losses, damages, and expenses
shall be included in the Cost of the Work for the purpose of determining CMAR's fee.
If, however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for
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services, a fee proportionate to that stated in Paragraph 12.01.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions
and communication services at the Site, reproduction costs, progress photography costs,
costs of general office and similar supplies, postage, express delivery and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for all bonds CMAR is required by the Contract Documents to
purchase and maintain; the cost of all subcontractor bonds and/or an agreed-upon rate for
subcontractor default insurance; and insurance at an agreed-upon rate.
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR's written policies for personnel at or below the level of Project
Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance.
m. Fees and assessments for the building permit and for other permits, licenses and
inspections for which the CMAR is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the Contract Documents, except those
related to nonconforming Work other than that for which payment is permitted by
Paragraph t below.
o. Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for
infringement of patent or other intellectual property rights arising from such requirement
by the Contract Documents and payments made in accordance with legal judgments or
settlements against the CMAR resulting from such suits or claims, such payments made
only with the City's consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the Contractor's Fee
or the Guaranteed Maximum Price and provided that such royalties,fees and costs are not
excluded by provisions of the Contract Documents.
p. Legal or mediation costs, other than those arising from disputes between the City and
CMAR or reasonably incurred by the CMAR in the performance of the Work, except
where covered under any indemnity by CMAR and only with the City's written
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permission.
q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy
for relocation and temporary living allowances of personnel required for the Work, in
case it is necessary to relocate such personnel, for personnel below the level of Project
Superintendent.
r. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage,
injury or loss in case of an emergency affecting the safety of persons or property.
s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work
performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that
such damaged or nonconforming Work was not caused by the negligence or failure of the
CMAR or the CMAR's employees, including supervisory, administrative or managerial
personnel, to perform in accordance with the Contract Documents or by the failure of the
CMAR's personnel to supervise adequately the Work of the subcontractors or suppliers,
and only to the extent that the cost of repair or correction is not recoverable by the CMAR
from insurance,its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities,temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of CMAR's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site
or in CMAR's principal or branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.01.AA, all of which are to be
considered administrative costs covered by the CMAR's fee.
2. Expenses of CMAR's principal and branch offices other than CMAR's office at the Site.
3. Any part of CMAR's capital expenses, including interest on CMAR's capital employed for
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the Work and charges against MAR for delinquent payments.
4. Costs due primarily to the negligence of CMAR , any subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.0 LA.
6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.0l.A.3.
8. Liquidated damages assessed the CMAR by the City.
9. Data processing and software costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.01.13.1 above.
11. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance with the
Contractor's written policies for personnel identified in Paragraph 11.01.13.1 above.
C. CMAR's Fee: CMAR's fee shall be determined as set forth in the Agreement. When the value
of any Work covered by a Change Order for an adjustment in Contract Price is determined
on the basis of Cost of the Work, CMAR's fee shall be determined as set forth in Paragraph
12.02.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.13, CMAR will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
E. For all subcontracts,the CMAR shall ensure compliance with Texas law.
F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall
accrue to the City if(1) before making the payment, the CMAR included them in an Application
for Payment and received payment therefore from the City or(2)the City has deposited funds with
the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR
Contractor. Trade discounts,rebates,refunds and amounts received from sales of surplus materials
and equipment shall accrue to the City, and the CMAR Contractor shall make provisions so that
they can be secured. Amounts which accrue to the City in accordance with the provisions of this
paragraph shall be credited to the City as a deduction from the Cost of the Work.
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G Accounting Records: The CMAR Contractor shall keep full and detailed accounts and exercise
such controls as may be necessary for proper financial management under the Contract
Documents;the accounting and control systems shall be satisfactory to the City.
11.02 Allowances/Contingency
A. Specified Allowances or Contingency Amounts: CMAR may include in the GMP allowances or
contingency amounts as may be acceptable to City. Specific allowance or contingency amounts
will be negotiated and memorialized in the Agreement.
B. Pre-bid Allowances:
1. may include the cost of materials and equipment required by CMAR to be delivered to the
Site including all applicable taxes; and
2. may include CMAR's costs for unloading and handling such materials or equipment
at the Site including labor, installation, overhead, profit, and other expenses contemplated
by CMAR and no demand for additional payment on account of any of the foregoing
exceeding the Pre-Bid Allowance amount will be valid.
C. Prior to Final Payment, an appropriate Change Order will be issued to reflect actual amounts due
CMAR on account of Work covered by allowance or contingency funds, if provided for in the
Agreement, and the Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Construction Documents provide that all or part of the Work is to be Unit Price
Work, initially the GMP will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial GMP. Determinations of the actual
quantities and classifications of Unit Price Work performed by CMAR will be made by City
subject to the provisions of Paragraph 9.05.
C. Work described in the Contract Documents, or reasonably inferred as required for a functionally
complete installation, but not identified in the listing of unit price items shall be considered
incidental to unit price work listed and the cost of incidental work included as part of the unit
price.
D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if:
1. the quantity of any item of Unit Price Work performed by CMAR differs materially and
significantly from the estimated quantity of such item indicated in the Construction
Documents; and
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2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work may be paid for with allowance or
contingency funds.
2. If the changes in quantities or alterations significantly change the character of work, the
Agreement will be amended by a Change Order in accordance with Article 10.
4. A significant change in the character of work occurs when:
a. the character of work for any item as altered differs materially in kind or nature from that
in accordance with the Plans or the Construction Documents;or
b. a Major Item of work varies by more than 25% from the original Plans or Construction
Documents quantity.
5. When the quantity of work to be done under any Major Item of the Agreement is more
than 125% of the original quantity stated in the Agreement, then either party may request
an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Agreement is less than
75% of the original quantity stated in the Agreement, then either party may request an
adjustment to the unit price.
11.04 Additional Compensation. Where CMAR may be entitled to additional compensation, the
calculation to determine such additional compensation shall not include any costs or expenses for any
home-office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples
of which include: project site trailer, project site utility costs, project site supervision, Project Engineer
(billed on hourly rate) and Project Manager(based on hourly rate) and like Project site specific costs.
ARTICLE 12—CMAR'S FEE,CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT
TIME,DELAYS
12.01 CMAR's Fee
The CMAR's Fee shall be as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GMP may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
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application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price plus CMAR's Construction Services Fee, and
shall include the cost of any secondary impacts that are foreseeable at the time of pricing
the cost of Extra Work; or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.02.13.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's
Construction Services Fee.
4. the amount of credit to be allowed by CMAR to City for any change which results in a net
decrease in cost will be the amount of the actual net decrease in cost plus a corresponding
deduction in CMAR's Fee.
12.03 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless
the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or
MAR can show by critical path method analysis how the Extra Work or claimed delay
adversely affects the critical path.
12.04 Delays
A. Where CMAR is reasonably delayed in the performance or completion of any part of the
Work due to delay beyond the control of CMAR, and that affected Work is within the Contract
Time, the Contract Time may be extended in an amount equal to the time lost due to such delay
if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not
be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility
owners or other contractors performing other work as contemplated by Article 7, fires, floods,
epidemics, abnormal weather conditions, or acts of God.
B. If CMAR is delayed, City shall not be liable to CMAR for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or other dispute resolution costs) sustained by CMAR on or in
connection with any other project or anticipated project of CMAR.
C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of CMAR. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of CMAR.
D. The CMAR shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its
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Engineer or consultants, or utility owners or separate contractors, including without limitation
the failure of the City to provide information or material, if any, which is to be furnished by the
City.
ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to CMAR. Defective
Work may be rejected, corrected, or accepted as provided in this Article 13,
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests shall
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. CMAR shall provide them proper and safe conditions for such access and advise them of
CMAR's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CMAR shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be
inspected, tested, or approved by City, City shall assume responsibility for arranging and
obtaining such independent inspections, tests, retests or approvals, pay all costs in connection
therewith, and receive the required certificates of inspection or approval; excepting, however,
those fees specifically identified in the Supplementary Conditions or any Texas Department of
Licensure and Regulation (TDLR) inspections, which shall be paid as described in the
Supplementary Conditions.
C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection
with any additional inspections, tests, re-tests, or approvals required for City's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in
the Work. Such inspections, tests, re-tests, or approvals shall be performed by firms acceptable
to City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests for any part of the Work, as determined solely by City.
1. City will coordinate such testing with Contractor;
2. Should any testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the CMAR shall be responsible for paying for any and all retests.
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CMAR's cancellation without cause of City initiated testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by CMAR. City will forward all invoices for retests to CMAR.
4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab
is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such
Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense.
G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at CMAR's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, CMAR, at City's request, shall uncover,expose, or otherwise make available for
observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor,material, and equipment.
1. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs
associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs
and/or time directly attributable to such uncovering, exposure, observation, inspection,
testing,replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that the completed Work will conform to the
Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the
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cause for such order has been eliminated; however, this right of City to stop the Work shall not give
rise to any duty on the part of City to exercise this right for the benefit of CMAR , any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an
acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement of work of others). Failure to
require the removal of any defective Work shall not constitute acceptance of such Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action that would void or otherwise impair City's special warranty and
guarantee,if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for CMAR's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to
be defective, CMAR shall promptly, without cost to City and in accordance with City's written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If CMAR does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others)will be paid by CMAR.
C. In special circumstances where a particular item of equipment is placed in continuous service
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before Substantial Completion of all the Work, the correction period for that item may start to
run from an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to CMAR should such
additional warranty coverage be required. CMAR may dispute this requirement by filing a
Contract Claim.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of,the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. CMAR shall pay all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If CMAR fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with
Paragraphl3.06.A, or if CMAR fails to perform the Work in accordance with the Contract
Documents, or if CMAR fails to comply with any other provision of the Contract Documents,
City may, after seven(7) days written notice to CMAR, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude CMAR
from all or part of the Site, take possession of all or part of the Work and suspend services
related thereto, and incorporate in the Work all materials and equipment incorporated in the
Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere.
CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other
contractors, access to the Site to enable City to exercise the rights and remedies under this
Paragraph 13.09.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this
Paragraph13.09 will be charged against CMAR, and a Change Order will be issued
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incorporating the necessary revisions in the Contract Documents with respect to the Work; and
City shall be entitled to an appropriate decrease in the Contract Price.
D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14—PAYMENTS TO CMAR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values will serve as the basis for progress payments and will be incorporated into
an Application for Payment acceptable to City. Progress payments on account of Unit Price Work
will be based on the number of units completed.
14.02 Progress Payments
A. Applications for Payments:
1. CMAR is responsible for providing all information as required to become a vendor of the
City.
2. CMAR shall submit to City for review an Application for Payment filled out and signed by
CMAR covering the Work completed as of the date of the Application for Payment and
accompanied by such supporting documentation as is required by the Contract Documents.
The CMAR's Fee for overhead and profit shall be payable on a monthly basis,prorated as a
percentage of the contract time expended.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that CMAR, o n b e h a l f o f City, has received the materials and
equipment free and clear of all Liens and evidence that the materials and equipment are
covered by appropriate insurance or other arrangements to protect City's interest therein, all
of which must be satisfactory to City.
4. Beginning with the second Application for Payment, it and each subsequent Application for
Payment shall include an affidavit from CMAR stating that previous progress payments
received on account of the Work have been applied on account to discharge CMAR's
legitimate obligations associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applicationsfor Payment:
1. City will, within 30 days after receipt of each Application for Payment, either indicate in
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writing a recommendation of payment or return the Application for Payment to CMAR
indicating reasons for refusing payment. In the latter case, CMAR may make the necessary
corrections and resubmit the Application for Payment.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules,that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle CMAR to
be paid additionally by City or entitle City to withhold payment to CMAR, or
c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of
the Work.
4. City may refuse to process the whole or any part of any payment due to evidence or the
results of inspections or tests, to such extent as may be necessary to protect City from loss
because:
a. the Work is defective, or the completed Work has been damaged by the CMAR or his
subcontractors,requiring correction or replacement;
b. discrepancies in quantities contained in the current or previous Applications for Payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct Defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A. C.
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C. Payment.-
1. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any
undisputed portion of an Application for Payment will become due within 30 days of the
receipt of the Application for Payment.
2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever
phase), or in the event any Application for Payment remains unpaid for ninety days on the
basis of non-performance on the part of the City,to terminate this Agreement. Interest at the
rate of two percent per annum shall be payable on any amounts which are not in dispute but
are unpaid by City after sixty days after receipt of an Application for Payment. When such
progress payments are restored, unless terminated as provided for herein, MAR shall
resume providing all agreed-upon Services.
D. Reduction in Payment.
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where CMAR has delivered a
specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give CMAR written
notice stating the reasons for such action and shall pay CMAR any amount remaining after
deduction of the amount so withheld. City shall pay CMAR the amount so withheld, or any
adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for
such action.
14.03 CMAR's Warranty of Title
CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with CMAR's performance
of the remainder of the Work. City at any time may notify CMAR in writing to permit City to
use or occupy any such part of the Work which City and CMAR determine to be ready for its
intended use, subject to the following conditions:
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1. CMAR at any time may notify City in writing that CMAR considers any such part of the
Work ready for its intended use.
2. Within a reasonable time after notification, City and CMAR shall make an inspection of
that part of the Work to determine its status of completion. If City does not consider that part
of the Work to be substantially complete, City will notify CMAR in writing giving the
reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from CMAR that the entire Work is complete in accordance with the
Contract Documents City will:
1. within 10 days schedule a Final Inspection with CMAR; and
2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the
Final Inspection reveals that the Work is incomplete or defective. CMAR shall immediately
take such measures as are necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the CMAR between the date the written notice to the City
is issued and the date of Final Inspection. Should the City determine that the Work is not ready
for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by CMAR,to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to CMAR a letter of Final Acceptance.
14.07 Final Payment
A. Application for Final Payment.,
1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final
payment following the procedure for progress payments in accordance with the Contract
Documents.
2. The final Application for Payment shall be accompanied by:
a. all documentation called for in the Contract Documents(except as previously delivered),
including but not limited to the evidence of insurance required by Paragraph 5.03;
b. consent of the surety,if any,to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
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unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of any Liens filed in connection with
the Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Final Payment and accompanying
documentation, and:
a. after subtracting previous payments made; and
b. after subtracting any sum(s) to which the City is entitled, including but not limited
to liquidated damages; and
c. after all Damage Claims have been resolved:
i) directly by the CMAR; or
ii) CMAR provides evidence that the Damage Claim has been reported to
Contractor's insurance provider for resolution;then
d. Final Payment will become due and payable.
2. The making of the final payment by the City shall not relieve the MAR of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of CMAR's Application for Final Payment, and without terminating the Agreement,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by CMAR to City with the
Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to
Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City.
Before the release, all submittals and final quantities must be completed and accepted by the
City. An amount sufficient to ensure Final Completion will be retained.
14.09 Waiver of Claims
The acceptance of final payment by CMAR will constitute a release of the City from all claims
or liabilities under the Agreement for anything done or furnished or relating to the Work under
the Contract Documents or any act or neglect of City related to or connected with the Agreement.
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ARTICLE 15—SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall
resume the Work on the date so fixed. During temporary suspension of the Work covered by
these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the CMAR, and should it be determined by
mutual consent of the CMAR and City that a solution to allow construction to proceed is not
available within a reasonable period of time, CMAR may request an extension in Contract Time,
directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the CMAR shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and CMAR shall take every precaution to prevent damage or
deterioration of the work performed; CMAR shall provide suitable drainage about the work, and
erect temporary structures where necessary.
D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events, by way of example but not of
limitation,may justify termination for cause:
1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials
or equipment, failure to adhere to the Project Schedule, as adjusted from time to time;
2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance;
3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05.
4. CMAR's disregard of Laws or Regulations of any public body having jurisdiction;
5. CMAR's repeated disregard of the authority of City;
6. CMAR's violation in any substantial way of any provisions of the Contract Documents;
7. CMAR's failure to promptly make good any defect in materials or workmanship, or
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defects of any nature,the correction of which has been directed in writing by the City;
8. Substantial indication that the MAR has made an unauthorized assignment of the
Agreement or any funds due therefrom for the benefit of any creditor or for any other
purpose;
9. Substantial evidence that the MAR has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
10. CMAR commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's
failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of
notice.
1. If the City, CMAR, and Surety do not agree to allow the CMAR to proceed to perform
under the Agreement, the City may, to the extent permitted by Laws and Regulations,
declare MAR in default and formally terminate the CMAR's right to complete the
Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and
Surety have received notice of conference to address CMAR's failure to perform the Work.
2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 calendar days after the
date of written notice demanding Surety's performance of its obligations, then City, without
process or action at law, may take over any portion of the Work.
3. If City completes the Work, City may exclude CMAR and Surety from the site and take
possession of the Work, and all materials and equipment incorporated into the Work stored at
the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and
finish the Work as City may deem expedient.
4. Whether City or Surety completes the Work, CMAR shall not be entitled to receive any
further payment for Work satisfactorily completed prior to Termination until the Work is
completely finished. If the unpaid balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by City arising out of or resulting from City or Surety
completing the Work, such excess will be paid to CMAR, with Surety approval, up to the
amount withheld prior to Termination. Any excess shall be retained by City unless any
completion or take over agreement between City and Surety require said money to be paid
to Surety. If City completes the Work due to Surety's failure to so perform, and any claims,
costs, losses and damages exceed the unpaid balance, CMAR or Surety shall pay the
difference to City. Such claims, costs, losses and damages incurred by City will be
incorporated in a Change Order, provided that when exercising any rights or remedies under
this Paragraph, City shall not be required to obtain the lowest price for the Work performed.
5. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to CMAR or Surety for the method by which the
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completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the
right to recover damages from CMAR or Surety for CMAR's failure to timely complete the
Work. CMAR shall not be entitled to any claim on account of the method used by City in
completing the Work.
7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
8. Termination of CMAR for Cause shall nullify any financial incentives which may be
contained in the Agreement.
C. Notwithstanding Paragraphs 15.02.13, CMAR's services will not be terminated if CMAR
begins, within seven days of receipt of notice of intent to terminate, to correct its failure to
perform and proceeds diligently to cure such failure within not more than 30 days of receipt of
said notice.
D. Where CMAR's services have been so terminated by City, the termination will not affect any
rights or remedies of City against CMAR then existing or which may thereafter accrue. Any
retention or payment of moneys due CMAR by City will not release CMAR from liability.
E. To the extent that CMAR has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the
provisions of this Article.
15.03 City May Terminate For Convenience
A. City may,without cause and without prejudice to any other right or remedy of City,terminate the
Agreement. Any termination shall be effected by mailing a notice of the termination to the
CMAR specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of Termination for Convenience, and except as otherwise directed
by the City, the CMAR shall:
1. Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
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necessary for completion of such portion of the Work under the Agreement as is not
terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance
of,the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Agreement had been completed, would have been required to be furnished
to the City;
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the CNI R
and in which the owner has or may acquire an interest.
C. At a time not later than 30 days after the termination date specified in the notice-of termination,
the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items
of termination inventory not previously disposed of, exclusive of items the disposition of which
has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the CMAR shall submit a termination
claim to the City in the form and with the certification acceptable to the City. Unless a written
extension request is made within such 60 day period by the CMAR, and granted by the City, any
and all such claims shall be conclusively deemed waived.
F. In such case, CMAR shall be paid,without duplication of any items, for:
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination;
2. direct expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work;
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3. reasonable expenses directly attributable to termination; and
4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such
proportion being "the cost of the work completed to date" divided by "GMP minus the
CM-AR's Fee".
G. In the event of the failure of the CMAR and City to agree upon the whole amount to be paid to
the CMAR by reason of the termination of the Work under Paragraph 15.03, the City shall
determine, on the basis of information available to it, the amount, if any, due to the CMAR by
reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not
be paid on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
ARTICLE 16—DISPUTE RESOLUTION
Methods and Procedures
A. Either City or CMAR may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other parry to the Agreement. Timely submission of the
request shall stay the effect of Paragraph 10.06.E.
B. City and CMAR shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after
termination of the mediation unless,within that time period, City or CMAR:
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other parry of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17—MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
l.delivered in person to the individual or to a member of the firm or to an officer of the
CrrY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 70 of 71
Revised December 2014
corporation for whom it is intended; or
2. delivered electronically with a"read receipt verification"requested; or
3. In the case of any notice of Claim or Termination, delivered or sent by registered or
certified mail, postage prepaid, or overnight delivery to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of CMAR.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 71 of 71
Revised December 2014
M&C Review Page 1 of 3
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
FOIST IVOR'm
COUNCIL ACTION: Approved on 8/25/2015
DATE: 8/25/2015 REFERENCE NO.:**C-27427 LOG NAME: 20MONTGOMERY CMAR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Two-Phase Construction Manager-At-Risk Agreement with
Haydon Building Corp., and Authorize Expenditures for Pre-Construction Services in the
Amount of$68,809.00 for Montgomery Street Construction from Camp Bowie Boulevard
to IH-30 (2014 BOND PROGRAM) (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a two-phase Construction
Manager-at-Risk Agreement with Haydon Building Corp., for Pre-Construction Services in the amount
of$68,809.00 for Montgomery Street construction from Camp Bowie Boulevard to IH-30.
DISCUSSION:
The 2014 Bond Program includes $8 million for the design and construction of Montgomery Street
from Camp Bowie Boulevard to IH-30 as a four-lane arterial street.
The project involves extensive coordination with The Texas Department of Transportation and
involves franchise utilities, water, sewer and storm drain improvements. Use of the Construction
Manager-at-Risk (CMAR) alternative project delivery method will provide additional benefits through
reduced construction cost and accelerated project delivery. This project represents the second
application of the CMAR delivery method for a transportation project in the City.
Under the CMAR approach, a Construction Manager is selected based on qualifications to provide
the best value to the City for the desired services. The CMAR will work with the design engineer and
City to provide construction knowledge and value engineering services during the design or pre-
construction phase. In addition, as the design proceeds, the CMAR prepares a Guaranteed
Maximum Price (GMP) for construction phase services, which is also open bid to other contractors to
secure the best prices to construct the project. The CMAR process is designed to share the risk
between the City and the contractor and is authorized by state law. The contract is a single contract
with two phases: this Pre-Construction Phase and a Future Construction Phase. The City has the
option to cancel the contract prior to the Construction Phase if the GMP exceeds the expected costs
or for other reasons.
On December 2, 2015, the City Council authorized an Agreement (M&C C-27099) with Freese and
Nichols, Inc., in the amount of$1,300,000.00 for the design of Montgomery Street from Camp Bowie
Boulevard to IH-30.
On February 12, 2015 and February 19, 2015, the Transportation and Public Works Department
published a Request for Proposals (RFP) for a CMAR for Montgomery Street from Camp Bowie
Boulevard to IH-30. A non-mandatory Pre-Proposal Conference was held on March 6, 2015 and
proposals were received from the following four firms on March 19, 2015:
OHL USA, Inc.
S.J. Louis Construction of Texas, Ltd.
Haydon Building Corp.
McCarthy Building Companies, Inc.
A Selection Committee (Committee) comprised of Staff evaluated the submitted proposals with
respect to the published RFP criteria for: company experience in constructing transportation projects
of similar size and scope, financial stability, qualifications and experience of key personnel, CMAR
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M&C Review Page 2 of 3
pricing, project approach and MBE commitment. The Committee ranked the teams based on the
written proposals and short-listed two firms: Haydon Building Corporation and McCarthy Building
Companies, Inc.
On April 30, 2015, the two short listed firms were evaluated by the Committee through presentations
and oral interviews to further assess their capabilities. The Committee evaluated the two firms and
selected Haydon Building Corp., as the best qualified team who best understood the CMAR process
and demonstrated an effective project delivery approach for this project.
A summary of the final interview scores is shown in the following table:
PRESENTATION INTERVIEW MBE TOTAL
FIRM (maximum) (maximum) (maximum) (maximum)
(30 Points) (40 Points) (10 Points) (80 Points)
Haydon
Building 28 35 8 71
Corp
McCarthy
Building 24 30 8 62
Co., Inc.
The estimated total project costs are shown in the following table:
ITEM COST FUNDING
Design Services $1,300,000.00 2014 CIP
CMAR Pre-Construction Services $ 68,809.00 2014 CIP
Right-of-Way $ 400,000.00 2014 CIP
Construction $5,300,000.00 2014 CIP
Project Management, Inspection, $ 931,191.00 2014 CIP
Testing and Contingencies
TOTAL PROJECT BUDGET = $8,000,000.00 -
Upon completion of this capital project, there is no anticipated annual operating impact to the
Transportation and Public Works Street Division within the first five years. The anticipated annual
operating impacts to other areas are as follows:
OPERATING IMPACT ANNUAL AMOUNT DEPARTMENT/DIVISION
Street lights $200/li ht TPW/Traffic Management
Median, ROW, Mowing $232/mile, $110 per Parks and Community Services
mile
Inlets 1 $60.00 per Inlet I TPW/Storm Water
This project is included in the 2014 Bond Program. Available resources within the General Fund will
be used to provide interim financing for these expenses until debt is issued. Once debt associated
with this project is sold, bond proceeds will reimburse the General Fund in accordance with the
statement expressing official Intent to Reimburse that was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 21241-05-2014).
The construction schedule will be coordinated with construction of the new parking garage and arena
to avoid damages to new infrastructure.
The Department will bring a second Mayor and Council Communication seeking authorization and
funding for the Construction Phase Services portion of the contract at the appropriate time.
M/WBE OFFICE - There is no SBE subcontracting goal for pre-construction phase services. Haydon
Building Corp is in compliance with the City's BDE Ordinance by committing to 12 percent MBE
participation on the construction phase services. The City's MBE goal on the construction phase
services is 12 percent.
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M&,C Review Page 3 of 3
The Montgomery Street project is located in COUNCIL DISTRICT 7, Mapsco 75D, 75H and 75M.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015
adopted budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are
available in the General Fund to pay expenses which will be incurred on this contract until
reimbursement can occur from the issuance of public securities.
Fund FYI Total Project Pending Remaining
Appropriation Allocation Expenditures/ Balance
Encumbrances
to Date
2014 Bond $600,000.00 $8,000,000.00 $1,400,789.03 $6,599,210.97
Program
TO Fund/Account/Centers FROM Fund/Account/Centers
C210 541200 207230243231 $68,809.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department plead: Douglas W. Wiersig (7801)
Additional Information Contact: Mike Weiss (8485)
ATTACHMENTS
MONTGOMERY WAR f
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=213 02&councild... 10/28/2015
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