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HomeMy WebLinkAboutContract 33181 MR CONTRACT NO.O1 ,43 _ THE CITY OF FORT WORTH, TEXAS Zipper Building Renovation TPW2005-05 FoRTWORTH _ _ MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER Robert Goode, PE Director, Transportation and Public Works m 7 January 2006 CITY OF FORT WORTH,TEXAS ZIPPER BUILDING REMODEL CONSTRUCTION MANAGEMENT AT RISK CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This agreement is made and entered into this the ''4 day ofk , 2005, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called "City', and AUI Contractors, L.P. hereinafter called the CMAR. City and CMAR are sometimes referred to herein as the"Parties". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bond bearing even date herewith, the said CMAR hereby agrees with the said City to provide Construction Management Services and to commence and complete the construction of certain improvements, such improvements being hereinafter referred to as the"Project", described as follows: REMODEL 2ND FLOOR OF ZIPPER BUILDING AND ASSOCIATED IMPROVEMENTS That the work herein contemplated shall consist of: Managing the Project during the Construction Phase and furnishing as an independent CMAR all labor, tools, appliances and materials necessary for the construction and completion of said Project in accordance with the Plans and Specifications and Contract Documents prepared by the Architect and adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents will be attached and made a part of this contract at the time of issuance of Notice-to-Proceed with Construction. The Notice-to-Proceed with construction will be issued upon approval of the Guaranteed Maximum Price (GMP) of the project agreed to between the Parties as a part of the preceding design phase agreement between the Parties. The GMP will be based upon the specifications and plans prepared by the Architect and will include all fees and burdens associated with the execution of the project. The CMAR agrees to commence the construction of said work within ten (10) calendar days after being notified in writing to do so by City. Compensation The City agrees to pay, and the CMAR agrees to receive, for all of the aforesaid work, compensation equal to actual expenses incurred plus the General Conditions Fee, CMAR Fee, and Markup on sub- contract costs up to the GMP. The General Conditions Fee will be figured as 4.45% of the Cost of the Work less expenses related to insurance and bonds. See attachment 1 for the items included in Cost of the Work and General Conditions. The CMAR Fee shall be figured as 3% of the sum of all cost items in the GMP except CMAR's contingency. The markup on subcontract costs shall be 9%. Payment will be made in monthly installments upon actual work completed by the CMAR and receipt of invoice from the CMAR. The CMAR will provide upon request documentation demonstrating actual expenses incurred. The mutually agreed upon GMP for the total construction contract shall be$1,330,244. Schedule and M/WBE The CMAR agrees to complete the Project, suitable for occupancy and beneficial use, within 88 calendar days of the issuance of a building permit. The M/WBE goal for this project is 24% of the Cost of Work. General Conditions Attachment 2 will be the General Conditions for this project. Insurance Requirements: The CMAR will provide a Certificate of Insurance listing the City of Fort Worth, Transportation and Public Works Department as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, and Builder's Risk in the amounts as required in the General Conditions. The CMAR agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with State law. No Notice-to-Proceed will be issued until the CMAR has complied with this section. The CMAR agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any subcontractor to perform work on the project until such certificate has been acquired. The CMAR shall provide a copy of all such certificates to the City. Prior to the execution of this Contract, the CMAR shall provide both the Payment and Performance Bonds for the full amount of the Contract. The CMAR shall apply for all City of Fort Worth permits and for any other permits required by this project. The City of Fort Worth permit fees are waived. Separate permits will be required for each facility. If the CMAR should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the - liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages. The CMAR and his Surety shall be liable to the City for such a deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in five counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The CMAR has executed this instrument through its duly authorized officers in five counterparts with its corporate seal attached. CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL Page 2 of 10 ��.. ui 'I �IS�r 5. Executed in Fort Worth, Texas, this the 'ay of 1f&,- 200Y. AUIntractor , L.P. APPROVED: By: A I Man ment C, General Part er By: By: B. Doug qumbaugh Marc efif t Executive Vice Preside Assistant City Manager APPROVAL N ATTEST: Robert Goo e, E., Director sJ&�marty,Hendrix Transportation and Public Works i City Secretary Approved s t For d L 6—ga ri Date: Assist6rt Cit or ey �ontracL Authorization .„ NA Date CONSTRUCTION MANAGEMENT AT RISK CONTRACTZIPPER *' �••• 1 V:i.�:u Page 3 off 10LDING REMODEL Attachment 1 Cost of the Work expenses include: General Conditions expenses include: Subcontractors Project Manager Subcontract bonds Project Superintendent/QC Manager Materials Project Engineer Shipping Safety ManagerPayroll Taxes Freight First Aid Labor Fire Protection and Safety Equipment Office Equipment and Furnishings Tools Project Sign Sales Taxes as appropriate Dump Boxes Debris Removal Expendable Supplies Shop Drawings and Submittals Barricades and Protection All required insurance Protect Floors Payment and Performance Bonds Office Supplies Dewatering Copy machine and paper Fasteners and Nails Miscellaneous Printing Hoisting Postage and Courier Layout and Surveying Office Trailer Stormwater Engineer Temporary Phone Sweep Parking Lot Mobile Phone Temporary Fencing Vehicle Maintenance Temporary Partitions Fuel Floor Protection Storage Scaffolding Temporary Toilet Temporary Parking/Roads Drinking Water Climate Protection Temporary Utilities Night Security Temporary A/C and Heat Move-in/move-out Temporary Site Cleanup CONSTRUCTION MANAGEMENT AT RISK CONTRACT ^', ZIPPER BUILDING REMODEL Page 4of 70 V1� . cSVl��u-d'1. PAYMENT BOND Bond#8196-76-26 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1)AUI Contractors. L.P. as Principal herein, and (2) Federal Insurance Company a - corporation organized and existing under the laws of the State of(3) Indiana as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million Three Hundred Thirty Thousand Two Hundred Forty Four and 00/100 -------- Dollars($1.330,244.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the;-v4k day of ]NO"W—, 20 C5, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Remodel 2nd Floor of Zipper Building and Associated Improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void; otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 2(,'� day of X61) AUI Contractors, L.P. AU Management, LLC General Part r .� PRI.PCIPALA ATTEST: By: ) lk -U04JIU, Name: B. Do Alumbau (Principal)Secretary Title: Executive Vice President CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL Page 5of10 s (S E A L) Address:4775 North Freeway Fort Worth, Texas 76106 Witness as Principal Federal Insurance Company SURETY ATTEST: By: cy — s( Name: Sophinie Kheanq Secretary Attorney in Fact Address: 12201 Merit Drive, Suite 795 Dallas,Texas 75251 ! I Witness as to Surety Telephone Number: (214)691-5721 NOTE: (1) Correct name of Principal (CMAR). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL Page 6 of 10 PERFORMANCE BOND Bond#8196-76-26 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1)AUI Contractors, L.P. as Principal herein, and (2) Federal Insurance Company a corporation organized under the laws of the State of(3) Indiana , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of One Million Three Hundred Thirty Thousand Two Hundred Forty Four and 00/100 Dollars ($ 1.330,244.00 for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the YC�'t day of 'AMDtC= , 20 C , a copy of which is attached hereto and made a part hereof for all purposes,for the construction of Remodel 2nd Floor of Zipper Building and Associated Improvements NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this day of 20lt bb. . AUI Contractors, L.P. AUI Manaciement, LLC General Parter PRIIPA ATTEST: By: A, Ai VIT Name: B. Do Alumbau h (Principal)Secretary Title: Executive Vice President (S E A L) Address:4775 North Freeway Fort Worth, Texas 76106 Witness as to Principal CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL ,, Page 7 of 10 Federal Insurance Company SURETY ATTEST: By:21'711kikLz Name: Sophinie Kheanq Secretary Attorney in Fact (S E Q�_ --, Address: 12201 Merit Drive,Suite 795 00 _ - Dallas.Texas 75251 IL - v - Witness as to Surety Telephone Number: (214)691-5721 NOTE: (1) Correct name of Principal (CMAR). (4) Correct name of Surety. (5) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL Page 8 of 10 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 �a Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Steve Rickenbacher, David C. Oxford, Charles K. Miller, Clinton Norris,Sophinie Kheang, Sherrel M. Owston, Steven Murphy Lott and Peggy Gradel Hogan Of Dallas,Texas each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of October,2004 enneth C.Wendel, ssistant Secretary �SmithVice President STATE OF NEW JERSEY ss. County of Somerset On this 19th day of October,2004 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the m foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in deponent's presence. KATHERINE KALBACHER Notarial Seal NOTARY PUBLIC OF NEW JERSEY No.2316685 �10TAR Commission Expires July 8,2009 Z� PUBO Notary Public a JE CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, ,.� (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. -+ Given under my hand and seals of said Companies at Warren,NJ this day of `q\1PAly. �ouaxrtr �d5 tiFr• o `�oArorerro /- �}0 us �DIAHP '�7S MS\'�' NFW Kenneth C.Wen�Asstantretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-02256-U (Ed.5-03) CONSENT This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Group of Insurance-Companies,including Federal Insurance Company,Vigilant Insurance Company and Pacif c Indemnity Company. Bond Number. 8196-76-26 POLICYHOLDER DISCLOSURE NOTICE TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the .. "Act'D effective November 26, 2002, we are making available to you coverage for losses arising out of certain acts of international*terrorism. Terrorism is defined as any act .� certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States,to be an act of terrorism; to be a violent act or an act that is dangerous to human life,property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the. civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Coverage for acts of terrorism is already included in the captioned Surety Bond. You should know that, effective November 26, 2002, any losses caused by acts of .a terrorism covered by your Surety Bond will be partially reimbursed by the United States under the formula.set forth in the Act_ Under this formula, the United States of America pays.90% of covered terrorism losses that exceed the statutorily established deductible to be paid-by-the insurance company providing the coverage. The portion of your premium �- that is attributable to coverage for such acts of terrorism is zero, because we could not 'distinguish (and separately charge for) acts of terrorism from other causes of loss when we calculated your premium. If you have any questions about this notice,please contact your agent or broker. CI—IUBiE3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE /DD/ 12/2121/2005005 PRODUCER FAX (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Grou Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Southwest Assurance Group, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy. , #950 Dallas TX 752315044 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Zurich American Insurance AUI Contractors, LP INSURER B:American Zurich Insurance 4775 North Freeway INSURER c:American Guarantee & INSURER D:American Guarantee & Fort Worth TX 76106 INSURERE:Great American Ins. Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY CP03991019-02 05/01/2005 05/01/2006 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 3OO OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS MADE a OCCUR MED EXP(Any one person $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab, GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- POLICY X JECT LOC 3 AUTOMOBILE LIABILITY TAP3991020-02 05/01/2005 05/01/2006 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ I X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ ,R{ (Per accident) + GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY AUC380787201 05/01/2005 05/01/2006 EACH OCCURRENCE $ 10,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 10,000,000 I $ 1 DEDUCTIBLE $ RETENTION $ $ D WORKERS COMPENSATION AND WC3391019-02 05/01/2005 05/01/2006 Y I TORYLIMITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ 1,000,000 ' It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E OTHER Inland Marine - imPB93837412 05/01/2005 05/01/2006 y One Location - $6,000,000 Builders Risk & $100,000 Transit Coverage Installation Floater $250,000 Limit-Flood & Quake DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Zipper Building Remodel City of Fort Worth is shown as additional insured and is afforded a waiver of subrogation as required by written contract. 30 days notice in the event of cancellation, non-renewal or material change - except 10 for non-payment of premium. r^"+ CERTIFICATE HOLDER CANCELLATION (817)871-8440 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Finance Department/Purchasing Division 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 1000 Throckmorton Street Fort Worth, TX 76102 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITv 01-ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE .�, David Oxford/SHEREL b. 1_�� ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(otoe).os AMS VMP Mortgage Solutions,Inc(800)327-0545 Page t or 2 CMAR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, CMAR certifies that it provides worker's compensation insurance coverage for all of its employees employed on the Project. Project Name: Remodel 2nd Floor of Zipper Building and Associated Improvements Project Number: AUI Cor tractors, L.P. By: AUI snag P ent, C, Genera er By . Doug lumbaugh Executiv lice Preside(it Title January 24, 2006 Date STATE OF TEXAS , COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared B. Doug Alumbaugh , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of AUI Contractors. L.P. ,for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 241h day of January , 20 06 . yplrnYAwr� NOTARY PUBLIC t t JANE RATLIFFMWT or (� MY COMM.EXP.AUG.11,2007 Notary Publicd&and for the State of Texas (a) CMAR agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section. (b) CMAR agrees to require each and every contractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the City. CONSTRUCTION MANAGEMENT AT RISK CONTRACT ZIPPER BUILDING REMODEL Page 10 of 10 -d City of Fort Worth,Texas Transportation Public Works Department Facilities Management Group✓Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER AT RISK SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders, Proposal,General Conditions,Special Conditions, Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties,Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the CMAR and the Owner,or Change Order,or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals, with all required attachments, including required bonds and insurance certificates, by the CMAR and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to CMAR. Failure to execute contracts and provide required enclosures would be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal, the bidder shall examine carefully the, plans, specifications,special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade " meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the CMAR in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CMAR, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect CMAR,or any subcontractor or materialsman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and,Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to CMAR free of charge 15 sets of working Drawings and 15 sets of Specifications. CMAR shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the Owner on request at the completion of the work. Page 1 General Conditions for Facility Construction CMAR Contract,February 4,2005 '. . J, I A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other Federally funded Projects except where federal guidelines are mandatory for funding.(DOT or EPA) A-11 CORRELATION AND INTENT. In general,the drawings indicate dimension, locations,positions,quantities,and kinds of construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take �- precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork,electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE In accordance with the policy ("Policy")of the Executive Branch of the federal government, CMAR covenants that neither it nor any of its officers,members,agents,employees, program participants or subcontractors,while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of CMAR's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"), CMAR warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of CMAR or any of its subcontractors. CMAR warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term "Architect" is used in the "General Conditions of the Contract for Construction",it shall refer to the design architect or engineer. B-2 DUTIES OF THE ARCHITECT As used herein,the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the CMAR. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the CMAR at all reasonable times. B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's applications for payments, the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts. B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the CMAR,subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 MISCELLANEOUS DUTIES OF ARCHITECT. " Page 2 '9 General Conditions for Facility Construction CMAR Contract,February 4,2005 Shop Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the CMAR. Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the CMAR. Upon completion of the project the CMAR shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the CMAR. B-7 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner,the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or shall appoint a successor Architect against whom the CMAR makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Architectural Services Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Architectural Services Division to act as a point of contact for day-today contract administration. C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work; provided, however, that the CMAR hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the CMAR in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the CMAR. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the CMAR through the BCM. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the CMAR's applications for payments. C-8 AUTHORITY TO STOP WORK. The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Owner will have authority to require the CMAR to stop the work or any portion thereof, or to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and the BCM that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect,Owner and CMAR.Items identified during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the CMAR, and accepted,approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books,documents,papers and records of the CMAR involving transactions relating to this contract. .� Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any Page 3 General Conditions for Facility Construction CMAR Contract,February 4,2005 directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract.The term "subcontract"as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONSTRUCTION MANAGER AT RISK(CMAR) _. D-1 IDENTIFICATION OF CMAR AND BASIC DUTIES. The CMAR is the person or organization identified as such in the Contract. The term CMAR means the Construction Manager at Risk or its authorized representative. The term Contractor is synonymous with CMAR in this performance of the construction portion of the Project. The duties of the'CMAR are as follows: 1. CMAR shall work with the Architect under a separate, design phase service agreement, prior to construction to analyze the Architect's design, including the Plans and specification,to ensure the feasibility and constructability of the Project design, and to assist in bringing the estimated construction cost of the Project within the Construction Budget through value engineering, the selection of building systems and materials,cost estimating,scheduling,and other means,without adversely affecting the capacity and quality of the Project;and 2. The CMAR will propose a Guaranteed Maximum Price ("GMP') for the construction of the Project that is within the Construction Budget after or during the completion of the design phase services. 3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of subcontractors and prompt payment to subcontractors and suppliers. D-2 INDEPENDENT CONTRACTOR. CMAR shall perform all work and services hereunder as an independent contractor,not as agent, or employee of the City. CMAR shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and CMAR shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the CMAR, its officers, agents and employees, and the doctrine of respondent superior shall not apply as between the City and the CMAR. D-3 SUBLETTING. It is further agreed that the performance of this Contract,either in whole or in part, shall not be sublet or assigned to anyone else by said CMAR without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover.The CMAR shall do no work without Drawings,Specifications and Interpretations. D-5 SUPERVISION. The CMAR shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted,the CMAR shall provide and pay for all labor,materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. The CMAR shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. The CMAR agrees to pay not less than the general prevailing rate of per diem wages for Work of a similar character in the locality in which the Work is performed,and not less than the general prevailing wage of per diem .� wages for a legal holiday and overtime work to all laborers,workmen and mechanics employed on the Work under this Contract. The CMAR agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth,Texas,a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. On projects where special wage rates apply(e.g.Davis-Bacon)the CMAR agrees to meet all requirements of such programs. D-8 WARRANTY. The CMAR warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required ,. by the Architect or the Owner,the CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Page 4 General Conditions for Facility Construction CMAR Contract,February 4,2005 The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The CMAR is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. D-10 LICENSES,NOTICES AND FEES. The CMAR shall obtain all Permits,Licenses,Certificates,and Inspections,whether permanent or temporary, required by law or these Contract Documents. Fees for Permits,Licenses,Certificates and Inspections performed by other departments of Owner are waived. The CMAR shall give all Notices and comply with all Laws,Ordinances,Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the CMAR observes or becomes aware that any of the Contract Documents are at variance therewith in any respect,he shall promptly notify the Architect Owner in writing and any necessary changes will be made.If the CMAR performs any Work knowing that it is in violation of,or contrary to,any of such Laws,Statutes,Charter,Ordinances, Orders or Directives,or Regulations without furnishing Notice to the Owner,the CMAR will assume full responsibility therefore and bear all costs attributable thereto. D-11 SUPERINTENDENT. The CMAR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work.The superintendent shall be satisfactory to the CMAR and the Owner.The superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the CMAR. Important communications will be confirmed in writing.Other communications will be so confirmed on written request in each case. D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The CMAR shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors,their agents and employees,and all other persons performing any of the Work under a contract with the CMAR. D-13 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the CMAR and/or its Surety shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-14 PROGRESS SCHEDULE. The CMAR,immediately after being awarded the contract,shall prepare and submit for the BCM's approval,an estimated progress schedule for the Work.The progress schedule shall be related to the entire Project.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the BCM's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The CMAR shall submit an updated progress schedule the BCM at least monthly for approval along with the CMAR's monthly progress payment requests. D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the Owner one copy of all Drawings,Specifications,Addenda,approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction.These shall also be available to the Architect. The Drawings,marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work.The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work. D-16 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings,diagrams, illustrations,schedules,performance charts,brochures and other data which are prepared by the CMAR or any Subcontractor,manufacturer,supplier or distributor,and which illustrate some portion of the Work. Samples are physical examples furnished by the CMAR to illustrate materials,equipment or workmanship,and to establish standards by which the Work will be judged. The CMAR shall review,stamp with his approval and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other CMAR,normally within the first 90 days of the work,six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments.Shop Drawings and Samples shall be properly identified as specked,or as the Architect may require.At the time of submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the CMAR thereby represents that he has determined and verified all field measurements,field construction criteria,materials,catalog numbers and similar data,and that he has checked and coordinated each shop drawing given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. Page 5 General Conditions for Facility Construction CMAR Contract,February 4,2005 The Architect will review and approve Shop Drawings and Samples within 7 working days for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved.The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any deviation from the �- requirements of the Contract Documents unless the CMAR has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples. �- No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-17 SITE USE. The CMAR shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the work by ^" the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control, care and responsibility of the CMAR.CMAR shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The CMAR shall rebuild,repair,restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-18 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of his Work that may required to make its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-19 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings"broom-clean",CMAR shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,the and terrazzo floors. If the CMAR fails to clean up,the Owner may do so,and the cost thereof shall be charged to the CMAR. D-20 COMMUNICATIONS. As a general rule,the CMAR shall forward all communications to the Owner through the Architect. D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS.CMAR shall observe and comply with the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS - E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the Work at the site.The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract,Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS.The CMAR shall comply with requirements of the Section 271.118 and Chapter 252, Texas Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall comply with the requirements of Section 271.1180),Texas Local Government Code. CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements of work other than the General conditions. To Self-Perform work,the CMAR must submit a bid or proposal in the same manner as trade subcontractors. CMAR will provide Owner full access to the results of all bid solicitations prior to the award of any subcontract. Owner shall have the right to reject the use of any subcontractor found objectionable. If a rejected subcontractor is the low,qualified bidder the GMP shall be adjusted upwards by an amount equal to the difference between the bid amount of the subcontractor receiving the award and the bid amount of the rejected subcontractor. The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner �. and the Architect,unless the substitution is also acceptable to the Owner and the Architect. The CMAR shall not be entitled to any adjustment in the GMP based on a CMAR initiated substitution. Page 6 General Conditions for Facility Construction CMAR Contract,February 4,2005 E-3 TERMS OF SUBCONTRACTS. All work performed for the CMAR by a Subcontractor shall be pursuant to an appropriate agreement between the CMAR and the Subcontractor(and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the CMAR of applications for payment under each subcontract to which the CMAR is a party, in reasonable time to enable the CMAR to apply for payment; 4. Require that all claims for additional costs, extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the CMAR (via any Subcontractor or Sub-subcontractor where appropriate) in the ® manner provided in the Contract Documents for like claims by the CMAR upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE MWBE). Should the base fee be less than $25,000, the requirements of this section do not apply. -_ General: The CMAR shall submit a M/WBE Utilization Plan as a part of its response to the Owner's Request for Proposals on the project. The plan will include a proposed M/WBE goal and a description of programs/strategies the CMAR intends to employ to meet or exceed the proposed MWBE goal for the project. During Construction: CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed for the construction phase. CMAR shall also provide monthly reports on utilization of all (inclusive of non-M/WBEs)the subcontractors to the to the City's M/WBE Office. Upon request, CMAR must provide the City with complete and accurate information regarding actual work performed by a M/WBE on the contract and proof of payment thereof. CMAR further agrees to permit an audit and/or examination of any books,records or files in it's possession that will substantiate the actual work performed by an MNVBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the CMAR will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the CMAR being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. The CMAR may count any tier subcontractors and/or suppliers toward meeting the goals. The CMAR may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goal must be certified prior to the CMAR presenting to the City a list of recommended subcontractors following the bidding process. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor,upon receipt of payment from the Owner,an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work.The w CMAR shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault of a particular subcontractor,the CMAR shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for his Work to the extent completed,less the retained percentage. The CMAR shall pay each Subcontractor a just share of any insurance monies received by the CMAR,and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified'to the CMAR on account of Work done by such Subcontractors. E-6 SUBCONTRACTOR REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of CMARs debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government Page 7 General Conditions for Facility Construction CMAR Contract,February 4,2005 1 v .. ..4 ll:' 1•V departments. The work performed by any such CMAR or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime CMAR who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work,"the CMAR"in the Contract Documents in each case shall be the CMAR who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CMARS. The CMAR shall afford other CMARS reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work,and shall properly connect and coordinate his work with theirs. If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate CMAR,the CMAR shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the CMAR to inspect and report shall constitute an acceptance of the other CMAR's work as fit and proper to receive his Work,except as to defects which may develop in the other separate CMAR's work after the execution of the CMAR's Work. Should the CMAR cause damage to the work or property of any separate CMAR on the site,the CMAR shall,upon due notice, settle with such other CMAR by agreement,if he will so settle. If such separate CMAR sues the Owner on account of any damage alleged to have been so sustained,the Owner shall notify the CMAR who shall defend against such suit at the CMAR's expense, and if any judgment against the Owner arises therefrom,the CMAR shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees,court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting,fitting or patching of his Work that may be required to fit it to receive or be received by the work of other CMARS shown in the Contract Documents.The CMAR shall not endanger any work or any other CMARS by cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other CMAR except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate CMARS as to their responsibility for cleaning up,the Owner may clean up and charge the cost thereof to the several CMARS as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract.The CMAR must familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances,Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,whether by himself,his employees,agents or subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with Page 8 General Conditions for Facility Construction CMAR Contract,February 4,2005 reference to and governing all matters affecting this Contract, and the CMAR agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the Owner herein,the officers,agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong. ^� G-4 COMPLIANCE WITH LAWS. CMAR agrees the comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the governing agencies. CMAR shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the CMAR. G-5 INDEMNIFICATION: CMAR covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for CMAR's sole negligence. In addition, CMAR covenants and agrees to indemnity, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of,the work and services to be performed hereunder by CMAR, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such Inlurx damage or death Is caused.In whole or In Part,by the negligence or alleged negligence of Owner,Its officers,servants,or employees. CMAR likewise covenants and agrees to indemnity and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such Inlury or damage Is caused in whole or In Part by the neallgence or alleged negligence of Owner,its officem servants or employees. In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment, final payment shall not be made until CMAR either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a �. release from the claimant involved, or(b) provides Owner with a letter from CMAR's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a CMAR against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns.CMAR shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified b mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The CMAR agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duty and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the CMAR and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. In order for a surety to be acceptable to the Owner,the surety must(1)hold a certificate of authority from the United states secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of he$100,000 fro a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner,in its sold discretion,will determine the adequacy of the proof required herein. Nor sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. Should any surety on the contract be determined unsatisfactory at any time Page 9 General Conditions for Facility Construction CMAR Contract,February 4,2005 by the Owner,notice will be given to the CMAR to that effect and the CMAR shall provide a new surety satisfactory to the Owner. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have,enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default,neglect or failure.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS. The CMAR shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified; however,if the CMAR has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS. If the Contract Documents,Laws,Ordinances,Rules,Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the CMAR shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection,testing or approval.The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work,the Owner determines that any Work requires special inspection,testing or approval not included above,the Owner,upon written authorization from the Owner,will instruct the CMAR to order such special inspection, testing or approval,and the CMAR shall give notice as required in the preceding paragraph.If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the work,with Laws,Statutes,Charter,Ordinances,Regulations or Orders of any public authority having jurisdiction,the CMAR shall bear all costs thereof,including the Architect's additional services made necessary by such costs;otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The CMAR shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Owner.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and,where practicable,at the source of supply. .. Neither the observations of the Architect or the Owner in their administration of the Construction Contract,nor inspections,tests or approvals by persons other than the CMAR shall relieve the CMAR from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility.In some cases,the CMAR may be required to perform the work while the existing utility is in service.The existing utility service may be interrupted only when approved by the Owner.When it is necessary to interrupt the existing utilities,the CMAR shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted.The interruption time shall be kept to a minimum. - Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the CMAR.In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the CMAR of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings,Specifications,and existing conditions shall be referred to Architect for adjustment before work affected is performed.Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory workmanlike manner at the CMAR's sole expense. The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the CMAR shall carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings;each with the other that in any affects the locations or elevation of the work to be executed by him,and should any discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the CMAR's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the CMAR shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. Page 10 General Conditions for Facility Construction CMAR Contract,February 4,2005 -- G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved,replaced or protected,as required.whether or not shown or specked at the CMAR's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines,shown the Drawings are based on the best available sources,but are to be regarded as ^" approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the CMAR to make certain in the installation of jointed floor,wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings,etc.,it is not possible to accomplish the above,the CMAR shall request the Architect to determine the most satisfactory arrangement.The CMAR shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the CMAR not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost to the Owner. G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The CMAR shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, *� including advising all materials suppliers and subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment,piping,ductwork,etc.are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference.The CMAR will be held responsible for the relocating of any items without first obtaining the Architect's approval.He shall remove and relocate such items at his own expense if so directed by the Architect.Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,machinery or any other item thereon.No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials,products,processes, equipment,or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site.Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP.The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the work. At completion of work,the General CMAR shall,immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. Page 11 - General Conditions for Facility Construction CMAR Contract,February 4,2005 °r ® Jad J 5IJ '1.. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by CMAR. 10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period.If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises. The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. " G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by CMAR in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT. Final Inspection,Record Drawinos:Attention is called to General Conditions Section entitled,"Substantial Completion and Final Payment'. Maintenance Manual:Sheets shall be 8%"x 11",except pull out sheets may be neatly folded to 8%"x 11".Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturers local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment,temperature control, fan, electrical panels,service entrance equipment and light fixtures. 4) Manufacturers name,type,color designation for resilient floors,windows,doors,concrete block,paint,roofing,other materials. Submit six copies of Maintenance Manual,prior to request for final payment. Operational Inspection and Maintenance Instruction:The CMAR shall provide at his expense,competent manufacturers representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start up.After all systems are functioning Page 12 General Conditions for Facility Construction CMAR Contract,February 4,2005 properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project,prior to final payment,guarantees required by technical divisions of Specifications shall be property executed in quadruplicate by subcontractors and submitted through the CMAR to Architect.Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. The CMAR shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain portions of work,are for longer periods,General CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended -• warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest. The CMAR agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees,the CMAR shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The CMAR further agrees to bear all costs of making good all work that is found to be defective or not provided in " accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the CMAR,the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specked are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes,legends and details which may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At the CMAR's option,he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE,HANDLING. The CMAR shall handle,store and protect materials and products, including fabricated components,by methods and means which will prevent damage,deterioration and loss,including theft(and resulting delays),thereby ensuring highest quality results as the work progresses.Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE:Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered.CMAR shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the CMAR to provide the specked material if awarded the contract. Within 14 days after bid opening and upon request of the CMAR,the CMAR will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment. SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The date of commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete,in accordance with the Contract Documents,so the Owner may occupy the Page 13 General Conditions for Facility Construction CMAR Contract,February 4,2005 2S Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a "Working Day'or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the BCM with final approval by City of Fort Worth. A working day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays, in which weather or other -� conditions not under the control of the CMAR permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m.and 6:00 p.m.However,nothing in these Contract Documents shall be construed as prohibiting the CMAR from working on Saturdays if he so desires.Legal holidays are defined as being New Year's Day,Independence Day,Labor Day, Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The CMAR shall begin the Work on the date of commencement as defined in this Section.He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect,or by any employee of the Owner,or by any separate CMAR employed by the Owner,or by any separate CMAR employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation,unavoidable casualties or any causes beyond the CMAR's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the CMAR is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY. No payment,compensation or adjustment or any kind(other than the extensions of time provided for)shall be made to the CMAR for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable,and the CMAR agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 GUARANTEED MAXIMUM PRICE AND CMAR FEE.The Guaranteed Maximum Price("GMP")as stated in the contract Documents is the maximum amount potentially payable by the Owner to the CMAR for the construction of the Work. The CMAR will be reimbursed for the actual cost for the construction including burdens up to the amount of the GMP. He will also be paid a management fee according to the following schedule: a. 20%of fee upon execution of the CMAR Agreement b. 50%of the fee during the construction in proportion to the value of work completed. C. 30%of the fee upon acceptance of work and issuance of Certificate of Occupation. 1-2 SCHEDULE OF VALUES.Before the first Application for Payment,the CMAR shall submit to the BCM a Schedule of Values of the various portions of the Work,including quantities if required by the BCM,aggregating the total Contract Sum,divided so as to facilitate payments to Sub-contractors,prepared in such form as specified or as the BCM and the CMAR may agree upon, and supported by such data to substantiate its correctness as the BCM may require.Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the CMAR's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES. 1-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the CMAR will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the CMAR of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. Page 14 General Conditions for Facility Construction CMAR Contract,February 4,2005 The CMAR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the CMAR,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. The CMAR shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-5 CERTIFICATES FOR PAYMENT. 11 the CMAR has made Application for Payment as above,the above,the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment,with a copy to the CMAR,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the CMAR be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner that the conditions precedent to the CMAR's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment,the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works.For contracts less than$400,000,Owner shall pay 90%of the approved estimate to the CMAR within seven days after its approval,and the remaining 10%of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner,shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the CMAR of liability in respect to any warranties or responsibility for faulty materials or workmanship.The CMAR shall promptly remedy any defects in " the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD. The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: «� 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the CMAR to make payments properly to Subcontractors,or for labor,materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another CMAR; 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the CMAR. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the CMAR fails to perform the Work in accordance with the specifications. 1-7 Not used 1-8 LIQUIDATED DAMAGES:The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 Page 15 General Conditions for Facility Construction CMAR Contract,February 4,2005 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 over$10,000,000 $980 1-9 FAILURE OF PAYMENT If, without fault on the part of the CMAR, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the CMAR's Application for Payment, if the CMAR's Application for Payment, or if, without fault on the part of the CMAR, the Owner should fail to approve such estimate or to pay to the CMAR 90% or 95% (as applicable) of the amount thereof within the period of time specked, then the CMAR may, upon seven (7) days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment,the CMAR must meet all provisions for Project Closeout. When the CMAR determines that the Work is substantially complete, the Construction Manager shall inspect the project with the �- CMAR and prepare a"Preliminary Punch List'. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the CMAR to request a s Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the CMAR for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a "final punch list". The CMAR shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the CMAR fail to complete all contractual requirements of the contract,including submittals and final pay request within the fixed time,the contract time will again commence. Should the CMAR fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion .� of the final punch list by cosigning it with the CMAR. The CMAR shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts, releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a CMAR's Affidavit of Release of Liens, the CMAR may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made.The CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien,including all costs and reasonable attorney's fees. The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims by the CMAR except those previously made in writing and still unsettled. The CMARs one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. ° The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner.Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. Page 16 General Conditions for Facility Construction CMAR Contract,February 4,2005 1 SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The CMAR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CMAR's superintendent unless otherwise designated in writing by the CMAR to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the CMAR or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the CMAR,and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The CMAR shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The CMAR shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having —� jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any Subpontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the CMAR, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the CMAR or anyone claiming through the CMAR for such damage or loss. The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each CMAR,employee and visitor at any construction site included in the Contract will be required to wear a hard hat.The CMAR shall enforce the wearing of hard hats by CMAR,employees and visitors.CMAR shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, the CMAR shall act at his discretion to prevent threatened damage, injury or loss.Any additional compensation or extension of time claimed by the CMAR on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES. The CMAR shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The CMAR shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work,the CMAR shall remove all his wastes and rubbish from and about the work area,as well as his tools,equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the CMAR shall include a per unit cost for trench safety measures in his bid. If not included in the Proposal,the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 Insurance Required. The CMAR shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the CMAR allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so Page 17 General Conditions for Facility Construction CMAR Contract,February 4,2005 obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 Workers'Compensation Insurance: 1) General a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section. b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the Owner(City). c) By signing this contract or providing or causing to be provided a certificate of coverage,the CMAR is representing to the City that all employees of the CMAR who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CMAR to administrative penalties,criminal penalties,civil penalties or other civil actions. d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to declare the contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the CMAR's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing all or part of the services the CMAR has undertaken to perform on the project, regardless of whether that person contracted directly with the CMAR and regardless of whether that person has employees. This includes, without limitation, independent CMARs, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The CMAR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CMAR providing services of the project,for the duration of the project. b) The CMAR must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project,the '~ CMAR must,prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The CMAR shall obtain from each person providing services on a project,and provide to the City: I) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and ii) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. �. e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The CMAR shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the CMAR knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. Page 18 General Conditions for Facility Construction CMAR Contract,February 4,2005 c L i y;J 7 g) The CMAR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The CMAR shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; ii) provide to the CMAR, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the CMAR: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i)-vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage.' K-3 LIABILITY INSURANCE. The CMAR shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto"including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the CMAR, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence;$2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Page 19 General Conditions for Facility Construction CMAR Contract,February 4,2005 Unless stated otherwise in the Proposal or Invitation,the CMAR shall procure, pay for and maintain at all times during the term of this Contract,Builder's Risk Insurance against the perils of fire,lightning,windstorm,hurricane,hail,riot,explosion,civic commotion, smoke,aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the CMAR or his agents shall be covered. w Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE. The CMAR shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the CMAR's insurance as documented on the certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents an/or insurers for the CMAR's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by CMAR and its subcontractor(s), if applicable,shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII,as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion,a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. ,a. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the CMAR shall provide such coverage on the CMAR's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the GMP and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the CMAR signed by the CMAR, Owner and the Architect, issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the GMP or the Contract Time.The GMP and the Contract Time may "* be changed only by Change Order. Page 20 General Conditions for Facility Construction CMAR Contract,February 4,2005 ` 2 s ' ;",J) �. Any changes in work required due to changed or unforeseen conditions, or by request of either the CMAR or the City, shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might be multiplied by the allowance for contractual overhead and profit. If after the contract has been executed,the Architect,requests a price proposal from the CMAR for a proposed change in scope of the work,CMAR shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and price proposal to the Owner for approval.If the Architect will attempt to negotiate with CMAR to revise the proposal to a figure which is fair and reasonable and forward it on tc the Owner for approval.If the negotiations do not result in an equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by CMAR in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$25,000.Normal processing time for the City Staff to obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty days. Owner,and CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If the CMAR claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,(2) any order by the Architect or Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a minor change in the Work,the CMAR shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time,he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the CMAR before proceeding to execute the Work,except in an emergency endangering life or property in which case the CMAR shall proceed in accordance with Section J.No such claim shall be valid unless so made.Any change in the Contract Sum or Contract Time resulting from such claim,if approved by the Owner, shall be authorized by Change Order. L-3 Omitted L4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes may be effected by Field Order or by other written order.Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the CMAR. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents,or which order minor changes in the Work without change in Contract Sum or Contract Time.The CMAR shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the CMAR's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the CMAR.If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner.If such work be found not in accordance with the Plans and Specifications,the CMAR shall pay such costs unless it be found that this condition was caused by a separate CMAR employed by the Owner. M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed.The CMAR shall bear all costs of correcting such rejected Work,including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the work is found to be defective or not in accordance with the Contract Documents,the CMAR shall correct it promptly after receipt of a written notice from the Owner to do so,unless the Owner has previously given the CMAR a written acceptance of such condition,describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Page 21 General Conditions for Facility Construction CMAR Contract,February 4,2005 j '� mow . 2 The CMAR shall bear the cost of making good all work of separate CMARs destroyed or damaged by such removal or correction. If the CMAR does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the the Owner,the Owner may remove it and may store the materials or equipment at the expense of the CMAR.If the CMAR does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the CMAR including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the CMAR should have borne,the difference shall be charged to the CMAR and an appropriate Change Order shall be issued.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the Owner. If the CMAR fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction,in which case a Change Order will be issued to ® reflect an appropriate reduction in the Contract Sum,or,if the amount is determined after final payment,it shall be paid by the CMAR. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CMAR. If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the CMAR,or if the work should be stopped for a period of 30 days by the CMAR for the Owner's failure to make payment thereon as provided in Section I,then the CMAR may after the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors,or if a receiver is appointed on account of his insolvency,of if the CMAR refuses,except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials,or if he fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply with al Laws,Statutes,Charter,Ordinances,Regulations or Orders of any public authority having jurisdiction,or otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the Owner,on its own initiative that sufficient cause exists tc justify such action,may,without prejudice to any rights or remedy and after giving the CMAR and his surety,if any,seven(7)days'written notice,terminate the employment of the CMAR and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon owned by the CMAR and may finish the work by whatever method he may deem expedient.In such case the CMAR shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work,including compensation for the Architect's additional services.,exceed the unpaid balance of the Contract,the CMAR shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the CMAR a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the CMAR shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the CMAR a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments,if,any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SECTION O SIGNS Page 22 General Conditions for Facility Construction CMAR Contract,February 4,2005 .� The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the CMAR's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The CMAR shall furnish,erect,and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project,subject to reasonable directions by the CMAR as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper,safe operating and sanitary condition for the duration of the Contract.Upon completion of the Contract,all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED. The CMAR shall designate space on the 2nd floor of the Zipper Building for project related office functions. The location shall be ,., submitted to and approved by the Owner. The CMAR shall provide and maintain storage sheds,other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner.Remove sheds when work is completed,or as directed. P-5 TELEPHONE. The CMAR shall provide the job superintendent with a cell phone that can be used by the Owner from 24 hour a day access. P-6 TOILET FACILITIES. The CMAR shall have access to the existing restrooms on the 2"d floor of the Zipper Building and will be responsible for maintaining them in a clean and well-stocked manner. P-7 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during the construction.CMAR shall provide and install temporary utility meters during the contract construction period.These meters will be read and the CMAR will be billed on this actual use.The CMAR shall provide all.labor and materials required to tap into the utilities.The CMAR shall make.the connections and extend the service lines to the construction area for use of all trades.Upon completion of the work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing voltages, pressures,frequencies,etc.will be available to the CMAR. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings.Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work.Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools,motors,welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate.Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts.Use at least 100 watt lamps.In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The CMAR shall provide heat,ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent -, corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes.All such heating, ventilation and services shall be provided and maintained until final acceptance of all work.In addition,the CMAR shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven(7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. Page 23 General Conditions for Facility Construction CMAR Contract,February 4,2005 ' U'� 1'U� VES, P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION The CMAR shall provide,maintain,and remove upon completion of the work all temporary rigging,scaffolding,hoisting equipment, rubbish chutes,ladders to roof,barricades around openings,and all other temporary work as required to complete all work of the Contract.CMAR shall coordinate the use and furnishing of scaffolds with his sub-contractors. The CMAR shall provide,maintain,and remove upon completion of the work,or sooner,if authorized by the Owner,all fences, barricades,lights,shoring,pedestrian walkways,temporary fire escapes,and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The CMAR shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. The CMAR shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, ® maintain a night The CMAR shall provide and maintain all barricades or enclosures,required to protect the work in progress from outside elements, dusts,and other disturbances as a result of work under this Contract.Such protection shall be positive,shall meet the approval of _ the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The CMAR shall furnish,install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of the CMAR and sub-contractors,and to applicants for employment.The bulletin board shall remain the property of the CMAR and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to the CMAR,shall be posted on the bulletin board and shall be maintained by the CMAR in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. WEATHER TABLE Month Average Inches Snow Days of of /Ice Rain Rainfall Pellet January 7 1.80 1 February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 0 Page 24 General Conditions for Facility Construction CMAR Contract,February 4,2005 - June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 December 6 1.82 ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the CMAR was - unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice- pellet days for a given month, the contract period will be adjusted by Change Order. ' Page 25 — General Conditions for Facility Construction CMAR Contract,February 4,2005 �f PROJECT DESIGNATION SIGN 1-1rz' FFoRT WORTH. 3' - 3• Project Title 4, 1=�rz• Contractor: 2-4 Contractors Name 13/a• � FUNDED BY 2-1rz' (List Bond Fund, etc) 1-1 SCHEDULED COMPLETION DATE 1 1l2• YEAR SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE'MOLLY"LOGO IS PMS 167. Page 26 General Conditions for Facility Construction CMAR Contract,February 4,2005 - FoF,TWOP,TH TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organization: City of Fort Worth Texas Sales and Use Tax Permit#1-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by the price paid for the taxable items purchased or the fair market rental value for the period of time use. I understand that It is a misdemeanor to give an exemption certificate to the seller taxable items which I know,at the time of purchase,will be used in a manner other than that expensed in this certificate and upon conviction,may be fined up to 5500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth S e ddress: l 0 Throck ort n Wim a on al to be provided Ci ,State, ppZip }} de: 'ort Wo T/exas 76102 Si napntraF -- Date: Phone: Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE CITY OF FORT WORTH * 1000 THRocxuoRTON STREET * FORT WORTH,TEXAS 76102 (817) 871-8360 * FAx(817)871-8440 0 Printed on regcled 2000 BUILDING& CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY Pik so an CLASSIFICATION HOURLY RATE AIR CONDITIONING MECHANIC $15.96 AIR CONDITIONING MECHANIC HELPER 8.81 ACOUSTIC CEILING INSTALLER 13.82 ACOUSTIC CEILING INSTALLER HELPER 9.79 BRICKLAYER/STONE MASON 13.25 BRICKLAYER/STONE MASON HELPER 9.86 CARPENTER 13.00 CARPENTER HELPER 9.34 CONCRETE FINISHER 12.00 CONCRETE FINISHER HELPER 9.44 CONCRETE FORM BUILDER 11.59 CONCRETE FORM BUILDER HELPER 8.87 DRYWALL TAPER 11.87 DRYWALL TAPER HELPER 8.25 ELECTRICIAN JOURNEYMAN 16.29 ELECTRICIAN HELPER 10.20 ELECTRONIC TECHNICIAN 12.86 ELECTRONIC TECHNICIAN HELPER 12.67 FLOOR LAYER(CARPET) 13.58 FLOOR LAYER(RESILIENT) 14.48 �s FLOOR LAYER HELPER 8.56 GLAZIER 13.66 GLAZIER HELPER 9.26 INSULATOR 15.89 +•� INSULATOR HELPER 9.46 LABORER COMMON 7.82 LABORER SKILLED 9.66 LATHER 15.80 �* LATHER HELPER 11.75 METAL BUILDING ASSEMBLER 13.34 METAL BUILDING ASSEMBLER HELPER 7.85 PAINTER 11.93 PAINTER HELPER 8.30 PIPEFITTER 14.33 PIPEFITTER HELPER 10.93 CLASSIFICATION HOURLY RATE rd PLASTERER 13.29 PLASTERER HELPER 8.63 PLUMBER 16.26 PLUMBER HELPER 9.39 REINFORCING STEEL SETTER 11.88 REINFORCING STEEL HELPER 9.18 ROOFER 13.17 ROOFER HELPER 7.82 SHEET METAL WORKER 15.87 SHEET METAL WORKER HELPER 9.29 SHEETROCK HANUER 12.70 SHEETROCK HANGER HELPER 9.71 SPRINKLER SYSTEM INSTALLER 16.93 SPRINKLER SYSTEM INSTALLER HELPER 7.81 STEEL WORKER STRUCTURAL 14.66 STEEL WORKER STRUCTURAL HELPER 7.91 WELDER 14.87 WELDER HELPER 9.67 HEAVY EQUIPMENT OPERATORS EQUIPMENT OPERATORS 14.66 ,� CONCRETE PUMP OPERATORS 13.30 ow dw CRANE,CLAMSHELL,BACKHOE, DERRICK,MINE SHO 13.03 FORKLIFT OPERATOR 10.34 FOUNDATION DRILL OPERATOR 11.66 FRONT END LOADER OPERATOR 11.60 TRUCK DRIVER www w� ww► w� ww www w� www wwww „ww ww aft aft City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/20/2005 - Ordinance No. 16736-12-2005 tutu DATE: Tuesday, December 20, 2005 LOG NAME: 20ZIPPERREHAB REFERENCE NO.: **C-21204 SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of Construction Manager at Risk Contract with AUI Contractors, L. P., for Renovations to the Zipper Building RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $700,000 from the General Fund to the CO Special Projects •• Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the CO Special Projects Fund by $700,000; and 3. Authorize the City Manager to execute a $1,330,244 CMAR contract with AUI Contractors, L.P. for the renovation of the 35,000 square-foot 2nd floor of the Zipper Building to accommodate City staff from the Information Technology Solutions (IT Solutions) and Finance Departments. ,., DISCUSSION: On March 3, 2005, a Request for Proposals (RFP) was issued for a CMAR firm to participate in the design process and lead the construction process for the project to renovate the 2nd floor of the Zipper Building to create office space for City staff from the IT Solutions and Finance Departments. Five CMAR firms submitted proposals. A City staff selection panel evaluated the proposal packages. City staff also conducted reference checks as a part of the selection process. The evaluation process resulted in Coronado Builders being ranked number one and AUI Contractors, L.P. being ranked number two. Based on this ranking, staff and the design team for the project began working with Coronado to develop a Guaranteed Maximum Price (GMP) for the project. As communicated to Council on October 18, 2005 (Informal Report 8720), shortly before reaching agreement on a GMP for the project with Coronado, it was learned that Coronado Builders would not be able to acquire the Performance and Payment bond required for the project. Staff terminated negotiations with Coronado and began working with AUI. Staff and AUI have agreed upon a GMP of $1,330,244 for the project. The GMP is based upon the sub-contractor bids received by AUI, plus the CMAR mark-ups stated in AUI's initial proposal. tuft In addition to the construction costs, the projected overall budget for this project includes the following: COST ELEMENT COST Building Purchase $5,200,000.00 "' Design 000 _ Removal of the steel floor in the building r i� � ' -M U` am Pre-purchase of heating/air conditioning units $72,774.00 Roofing materials $100,000.00 .. Staff charges $40,000.00 Information Technology infrastructure $550,000.00 Furnishings, fixtures, equipment $285,000.00 Contingency $136,889.00 Funding for this project comes from Certificates of Obligation, as well as General Fund monies previously set aside to address City Hall space deficiencies. AUI is in compliance with the City's M/ BE ordinance by committing to 24% M/WBE participation. This facility is located in COUNCIL DISTRICT 9 but serves all CITY COUNCIL DISTRICTS. _ FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that, upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the CO Special Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 11 $700,000.00 1.) GG01 538070 0909900 $700_000.00 C290 472001 201070020180 C290 472001 201070020180 $1,330,244.00 $700,000.00 C290 541200 201070020180 C290 541200 201070020180 $150,000.00 U $550,000.00 C290 522500 201070020180 Submitted for City Manager's Office by: Marc Ott(8476) .. Originating Department Head: Robert Goode (7804) Additional Information Contact: Greg Simmons (7862)