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Contract 32091
CITY SECRETARTHIS COPY FOIt CONTRACT NO. COWIRACTOR BONDINGVTHE CITY OF FORT WORTH, TEXAS::ff0N7RACT0R'$ CITY SiCRETARY -CR RANAGER'S OfFiCE Construction Manager at Risk Contract ENGINEFRiNG DIV. VPW-FILE COPY Western Communications Facii TPW2004-12 FORTWORTH MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER QD. Solut 'ions Robert Goode, PE Director, Transportation and Public Works Peter Anderson Director, Information Technology Solutions Department July 2004 .; Pagel ORIGINAL Western Communications Facility THE CITE' OF FORT WORTH TEXAS Construction Manager at Risk Contract Western Communications Facility TPW2004-12 FORTWORTH MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER s. - tA1 Robert Goode, PE Director, Transportation and Public Works Peter Anderson Director, Information Technology Solutions Department July 2004 Pa Western Communications Facility Page 1 CITY OF FORT WORTH, TEXAS WESTERN COMMUNICATIONS FACILITY EAGLE MOUNTAIN WATER TREATMENT PLANT CONSTRUCTION MANAGEMENT AT RISK CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: This agreement is made and entered into this the 5th day of July, 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 Construction Manager at Risk ("CMAR"). The 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: CONSTRUCT WESTERN COMMUNICATIONS FACILITY EAGLE MOUNTAIN WATER TREATMENT PLANT 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. The City agrees to pay, and the CMAR agrees to receive, for all of the aforesaid work, and for stated additions, thereto or deductions there from, funds calculated from burdens shown on the Proposal submitted by the CMAR, up to the GMP. Payment will be made in monthly installments upon actual work completed by the CMAR and receipt of invoice from the CMAR. The mutually agreed upon GMP for the total construction contract shall be $ 922,127.00 and includes the Construction Management Fee and Guaranteed Maximum Price, as well as all such other areas for which compensation has been included. The CMAR agrees to complete the Project, suitable for occupancy and beneficial use, within 115 calendar days. The MNVBE goal for this project is 15%. Insurance Requirements: The CMAR will provide a Certificate of Insurance listing the 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. -"tt 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 four 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. Executed in Fort Worth, Texas, this the 5th day of July, 2005. AUI Contractors, L. P. AUI Management, LLC AP_PR VE Itsfeneral � rtner B. ug Alu ba gh Marc Ott Vice Preside t Assistant �Nty Manager APPROVAL RECOMMENDED: ATTEST: �5 e By: - �/ By:oc� L&1)�PA(4�4 Robert node, P. E., Director Marty Hendrix Transportation and Public Works City Secretary APPROVE TO FO AND GALITY: By: Date: l b As stan Att ney Contract Authorization `_ —21( Date CONSTRUCTION MANAGEMENT AT RISK CONTRACT - • - - WESTERN COMMUNICATIONS FACILITY Page 2 of 8 n S �,� PAYMENT BOND THE STATE OF TEXAS § Bond #8196-76-03 OF TARRANT § § KNOW ALL BY THESE PRESENTS: COUNTY 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 Nine Hundred Twenty-Two Thousand One Hundred Twentv S6ven Dollars and 00/100 Dollars ($ 922.127.00) 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 5th day of July, 2005, 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: Construct Western Communications Facilityat 6869 Bowman Roberts Road. 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 7th day of July 20 05 AUI Contractors, L.P. AUI Tana ement, LLC, General artner PRIN AL ' ATTEST: By: (Principal) Secretary Name: B. Do g Alumbaugh Title: Executive Vice President (S E A L) Address: 4775 North Freeway Fort Worth Texas 76106 4MSSas to Principal CONSTRUCTION MANAGEMENTAT RISK CONTRACT WESTERN COMMUNICATIONS I=AciuTy Page 3 of 8 Ndera nsu anc Com anATTEST:Secretaryvid C. Oxford Attorney in Fact (SEAL) Address: 9400 N Central Expwy #950 Dallas, Texas 75231 Witness as io 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 WESTERN COMMUNICATIONS FACILnY � ',`' �'- P20e4 ar9 PERFORMANCE BOND THE STATE OF TEXAS § Bond #8196-76-03 OF TARRANT § § KNOW ALL BY THESE PRESENTS: COUNTY 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 bands 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 Nine Hundred Twenty-Two Thousand One Hundred Twenty-Seven Dollars and 00/100------ Dollars ($ 922,127.00) 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 5th day of July, 2005, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of Western Communications Tower at 6869 Bowman Roberts Road, City of Fort Worth 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 7th day of July 20 05 . AUI Contractors, L.P. AUI Management, LLC, General Partner PRIN IAL ATTEST: By: (Principal) Secretary Name: B. Doug Alum augh Title: Executive Vice President (S E A L) Address: 4775 North Freeway Fort Worth, Texas-7-1-0-6 10 t ess as to Principa CONSTRUCTION MANAGEMENT AT RISK CONTRACT WESTERN COMMUNICATIONS FACILITY Page 5 of 8 *D ,vid ce Company ATTEST: Oxford Secretarytorney in Fact (S E A L) Address:9400 N Central Expwy #950 %�� 1 Dallas, Texas 75231 Witness as to SuretyTelephone 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 ---- WESTERN COMMUNICATIONS FACILITY Page 6 of 9 kL u POWER 1nSU5 jwI C olio,'Zaly Attn: Surety Department `L Chubb OF 711-st it mc,� 15 Mountain View Road Surety ATTORNEY Pa'ri-�jc u nd-,imnity Conip,zmy Warren, NJ 07059 CHuse 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 I - 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 r 'Kenneth C.Wendel,Assistant Secretary ej- hn P.Smith,Vice 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 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 Attorney 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 i Commission Expires July 8,2009 Nota Public Notary CERTIFICATION j 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 7th day of July, 2005 4y�uuDI u ��oYn ap krs Ks•� Yfy; � Kenneth C.Wendel,As stant Secretary 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 Y4 e-mail: Buret chubb.com } ; ?+� 2L ie!1 Form 15-10-0225B-U (Ed.5-03) CONSENT 9��' `:'`✓,`a��.D � a t This Notice pertains to the following Surety Bond issued by a member insurer of the Chubb Croup of Insurance Companies,including Federal Insurance Company,Vigilant Insurance Company and Pacific Indemnity Company. Bond Number. 8196-76-03 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") effective November 26, 2002, we are making available to you coverage for Dosses 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 infiastructure; 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-terronsm is already included in the captioned Surety Bond, You should know that, effective November 26, 2002, any losses caused by acts of terrorism covered by your Surety Bond will be partially reimbursed by the United States J 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 establishers 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. CHCJE3 E3 { ACORN, CERTIFICATE OF LIABILITY INSURANCE 07io%z 05 PRODUCER (214)691-5721 FAX (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION K & S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southwest Assurance Group, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy. , #950 Dallas, TX 75231-5044 INSURERS AFFORDING COVERAGE NAIC# 4SURED AUI Contractors, LP INSURER A: Zurich American Insurance Co. 4775 North Freeway INSURER B: American Zurich Insurance Co. Fort Worth, TX 76106 INSURER c: American Guarantee & Liab. Ins. Co. INSURER D: American Guarantee & Liab. Ins. Co. INSURER E: 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 DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION- "AlEi"mDDIK* DATE(MMIDDIYY) LIMITS GENERAL LIABILITY CP03991019-02 05/01/2005 05/01/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- POLICY � LOC AUTOMOBILE LIABILITY TAP3991020-02 05/01/2005 05/01/2006 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY AUC380787201 05/01/2005 05/01/2006 EACH OCCURRENCE $ 10,000,000 X OCCUR � CLAIMS MADE AGGREGATE $ 10,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC3391018-02 05/01/2005 05/01/2006 YT_ WCSTATUI TOR - OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Inland Marine - IMP893837412 05/01/2005 05/01/2006 Any One Location - $6,000,000 E Builders Risk & $100,000 Transit Coverage Installation Floater $250,000 Limit-Flood & Quake DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLU IONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS roject: Western Communication Facility Project - Eag a Mountain Water Treatment Plant 'ity of Fort Worth, employees, officers, officials, agents and volunteers are additionally insured as (required by written contract with regards to the General Liability policy reflected. ,eneral Liability policy is primary/non-contributory when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fort Worth __3O__DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Facility Manager Trasportati on and Public Works Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Th rockmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE David Oxford/SHEREL b X00 17�" ACORD 25(2001/08) ©ACORD CORPORATION 1988 CERTIFICATE OF INSURANCE STANDARD FORM BY INSURER CONSTRUCTION MANAGEMENT AT RISK CONTRACT WESTERN COMMUNICATIONS FACILITY Page 7 of 8 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: City of Fort Worth, Construct Western Communications Facility Project Number: TPW2004-12 By: 014 B. Doug umbaugh Executive Vice President July 8, 2005 Title Date STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared B. Doug Alumbauh , 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 OFFICEthis 8th day of July 20 05 �tiPU&g D-- NJSTNotary Pu and for the State of Texas MY COM(a) C ty ace Ificate 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 WESTERN COMMUNICATIONS FACILITY Page 8 of 8 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 v General Conditions for Facility Construction CMAR Contract,February 4,2005 ; ..__a 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 respondeat 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 specified,or as the Architect may require.At the time of submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements 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 r The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,but only for conformance with the design concept of the Project and with the information given in 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,tile 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 t 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 (M/WBE), 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 participation level as a part of its response to the Owner's Request for Proposals on the project. The agreed upon MAA/BE participation level will be stipulated in the contract agreement. During Construction: CMAR shall provide copies of subcontracts or cosigned letters of intent with approved MNUBE subcontractors prior to issuance of the Notice to Proceed for the construction phase. (When do we issue a notice to proceed?) CMAR shall also provide monthly reports on utilization of all (inclusive of non-MNVBEs)the subcontractors to the to the City's MNUBE 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 completion of the CMAR contract. Payment of the final 30%of the CMAR fee: As described in Section 1-1(c),the amount of the final installment of the CMAR fee authorized for payment will be in proportion to the percentage of contracted M/WBE participation realized during the project. See below for an example of how this will work in practice for a hypothetical situation: Maximum potential final installment of CMAR Fee=$100,000 MWBE goal=30% Actual MWBE parcipation realized=15% Actual final payment on CMAR fee=15/30 X$100,000=$50,000 Before final payment from the City, the CMAR shall provide the M/WBE Office with documentation to reflect final participation of each MNVBE subcontractor and supplier used on the project. Upon verification by the MNVBE Office that the CMAR has fulfilled it's MWBE commitment with bona fide MNVBEs performing commercially useful functions, a recommendation will be made to the Director,Transportation and Public Works that no reduction in fee should be withheld from the final payment. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor, upon receipt of payment from the Owner,an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work.The CMAR shall also require each Subcontractor to make similar payments to his subcontractors. 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. Page 7 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. Does this sentense disallow the M/WBE Ordinance requirement to ensure M/WBEs are paid? 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 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. Page 8 General Conditions for Facility Construction CMAR Contract,February 4,2005 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 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 indemnify, 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 iniury, 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 indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or employees. In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment, final payment shall not be made until CMAR either(a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from 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 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 duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Page 9 General Conditions for Facility Construction CMAR Contract, February 4,2005 f�•- •� "5" 57 „ i Lr 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$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of 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 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 Owner will secure certificate of inspection,testing or approval. The Architect will review the certificates and forward one copy of each with his recommendations)to the Owner. The Owner will provide one copy to the CMAR. 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. Page 10 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved,replaced or protected,as required,whether or not shown or specified at the CMAR's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines,shown 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. Page 11 General Conditions for Facility Construction CMAR Contract, February 4,2005 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. 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 Drawings: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'/2"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. Page 12 General Conditions for Facility Construction CMAR Contract, February 4,2005 2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturer's 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) Manufacturer's 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 manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start up.After all systems are functioning 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 properly executed in quadruplicate by subcontractors and submitted through the CMAR to Architect.Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. The CMAR shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain portions of work,are 4 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 specified 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 specified 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. Page 13 General Conditions for Facility Construction CMAR Contract, February 4,2005 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 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. Up to 30%of the fee upon acceptance of work and issuance of Certificate of Occupation. The amount of the fee authorized for payment will be in proportion to the percentage of contracted M/WBE participation realized during the project.(See schedule at E-4) 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 Page 14 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. 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. 1-5 CERTIFICATES FOR PAYMENT. If 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 Page 15 General Conditions for Facility Construction CMAR Contract, February 4,2005 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 $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 specified, 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 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 Page 16 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. 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 Subcontractor, 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 Page 17 General Conditions for Facility Construction CMAR Contract,February 4,2005 { 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 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. Page 18 General Conditions for Facility Construction CMAR Contract, February 4,2005 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. 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. Page 19 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. 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. Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-6 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. 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 Page 20 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. 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 to 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 L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the 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. Page 21 General Conditions for Facility Construction CMAR Contract,February 4,2005 J 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. 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 to justify such action,may,without prejudice to any rights or remedy and after giving the CMAR and his surety,if any,seven(7)days'written notice,terminate the 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 Page 22 { General Conditions for Facility Construction CMAR Contract,February 4,2005 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 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 is not required to provide a temporary field office or telephone for projects under$1,000,000. CMAR shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The CMAR shall provide a temporary field office building for himself,his subcontractors and use by the Architect.For construction contracts with a bid price in excess of$1,000,000.00,the CMAR shall provide a separate field office for the City's field representative(but the separate office may be in the same structure).The buildings shall afford protection against the weather,and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings.Openings shall have suitable locks.Field offices shall be maintained for the full time during the operation of the work of the Contract.During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday.During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F.Upon completion of the work of the Contract,the CMAR shall remove the building from the premises.In addition to the drawing shelf,provide for the City field representatives office:one deck,four chairs,plan rack and a four drawer filing cabinet(with lock).Each office shall contain not less than 120 square feet of floor space. 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 and pay for telephone installation and service to the field offices described above.Service shall be maintained for the duration of operations under this contract.The CMAR shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project.CMAR will install separate fax lines and instruments for the City and the CMAR. P-6 TOILET FACILITIES. The CMAR shall provide proper,sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. 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 Page 23 General Conditions for Facility Construction CMAR Contract,February 4,2005 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. 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. Page 24 General Conditions for Facility Construction CMAR Contract, February 4,2005 VVEATHER 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 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 Page 25 General Conditions for Facility Construction CMAR Contract, February 4, 2005 t 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. r Page 26 General Conditions for Facility Construction CMAR Contract,February 4,2005 f PROJECT DESIGNATION SIGN FoRTWORTH,' 4 3- 3- Project Title Contractor: 2Jiiz° Contractors Name 1-3/4" 1" FUNDED BY 2-1/2" (List Bond Fund, etc) 1-112 SCHEDULED COMPLETION DATE YEAR 1-112" 4'-0- 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 27 General Conditions for Facility Construction CMAR Contract, February 4,2005 FopgWoun 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$500 per offense. Municipalities are granted tax exempt status per the Texas Constitutiou,ART 8,Section I. Purchasers: City of]Fort Worth S et ddress: 1 0 ThroclmortonSame ®ri onal t® be provided Cil y,State,Zip de: -Fort Wofffi Texas 76102 Si na�r��ra .6d- 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 THROCKMORTON STREET * FORT WORTH,TEXAS 76102 (817)871-8360 * FAx (817) 871-8440 Printed on recycled 2000 BUILDING& CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY CLASSIFICATION HOURLY RATE STEEL WORKER STRUCTURAL HELPER 7.91 WELDER 14.87 AIR CONDITIONING MECHANIC $15.96 WELDER HELPER 9.67 AIR CONDITIONING MECHANIC HELPER 8.81 ACOUSTIC CEILING INSTALLER 13.82 HEAVY EQUIPMENT OPERATORS ACOUSTIC CEILING INSTALLER HELPER 9.79 BRICKLAYER/STONE MASON 13.25 EQUIPMENT OPERATORS 14.66 BRICKLAYER/STONE MASON HELPER 9.86 CONCRETE PUMP OPERATORS 13.30 CARPENTER 13.00 CARPENTER HELPER 9.34 CRANE,CLAMSHELL,BACKHOE, CONCRETE FINISHER 12.00 DERRICK,D'LINE SHO 13.03 CONCRETE FINISHER HELPER 9.44 CONCRETE FORM BUILDER 11.59 FORKLIFT OPERATOR 10.34 CONCRETE FORM BUILDER HELPER 8.87 FOUNDATION DRILL OPERATOR 11.66 DRYWALL TAPER 11.87 FRONT END LOADER OPERATOR 11.60 DRYWALL TAPER HELPER 8.25 TRUCK DRIVER 9.80 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 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 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 ecuu ®Cti AWICONTRACTORS eQUOIN SUPERIOR SERVICES WITH AN EXCEPTIONAL TEAAI z July 1, 2005 Mr. Dalton Murayama City of Fort Worth 319 West 10th Street Fort Worth, Texas 76102 Re: Western Communications Tower Dear Mr. Muraya, AUI Contractors is pleased to submit a guaranteed maximum price for construction of the Equipment Building for the Western Communications Tower located at the Eagle Mountain Treatment Plant. Our guaranteed maximum price is based on the following plan sheets provided by Quorum Architecture Interior Design: A1.01 Site Plan (revised) dated 6/13/05 A2.01 Architectural Plan, Section, Elev. &Details (revised) dated 6/08/05 A3.01 Architectural Details dated 4/07/05 S001 General Notes Foundation Details dated 4/08/05 5101 Foundation and Roof Framing Details dated 4/08/05 S102 Foundation and Roof Framing Details dated 4/08/05 5201 Foundation and Roof Framing Plans dated 4/08/05 MEP0.0 Legend and Symbols dated 4/07/05 Ml.1 Mechanical Plan dated 4/07/05 M2.1 Mechanical Schedules dated 4/07/05 E1.1 Lighting Plan dated 4/07/05 E2.1 Power Plan (revised) dated 6/08/05 E2.2 Cable Tray Plan (revised) dated 6/08/05 E3.1 Electrical Riser(revised) dated 6/08/05 E3.2 Electrical Details dated 6/08/05 E4.1 Schedule (revised) dated 6/08/05 P 1.1 Plumbing Floor Plan dated 4/07/05 P1.2 Plumbing Details & Schedules dated 4/07/05 Guaranteed Maximum Price: $922,127.00 (nine hundred twenty-two thousand one hundred twenty-seven & no/100 dollars) Reference Exhibit A (attached) for a price breakdown of costs included in the guaranteed maximum price. 4775 N, FREEWAY • FORT WORTH, TEXAS 76106 • 817-926-4377 • M 817-429-8191 FAX 817-926-4387 www.auigc.com Mr. Dalton Murayama June 30, 2005 Page 2 of 2 Additional clarifications: Excludes the cost of tap, impact,meter, and building permit fees Excludes the cost of power company charges Excludes ADA inspection or related costs Excludes remediation of hazardous materials(none known to exist) • Excludes work outside of property lines Excludes landscaping and irrigation(other than reseeding disturbed areas) Excludes contingency allowance for unknown/unforeseen conditions or changes in the scope of work. Includes the cost of empty telephone/data and electrical conduits shown on revised plan sheet A1.01, which was previously presented as an alternate. • Pier unit prices are as follows: o Greater Depth(.ADD) $22.60 per lineal foot o Lesser Depth(DEDUCT) $15.25 per lineal foot o Casing, if required(ADD) $22.60 per lineal foot, subject to $1,000 minimum o Rock Coring, if required (ADD) $396 per hour core bit is in use We appreciate this opportunity to be of service to the City of Fort Worth and look forward to working with you on this project. Should you have any questions concerning this information,please contact me at 817-926-4377 (office)or 817-676-2065 (mobile). Respectfully Submitted, Jon Willis Commercial Estimator 3 Bid Item Phase Description Total Arnount.` 10 BABE BID 2.205 EARTHWORK 26,249 2.400 TERMITE PROTECTION 450 2.660 PAVEMENT MARKING SUB 496 2.700 SITE UTILITIES 58,840 2.724 8'CHAIN LINK FENCE 5,971 2.800 LANDSCAPE TURNKEY 2,100 3.002 CONCRETE 118,910 3.283 CONCRETE SEALING/STAINING 867 3.600 STRUCTURAL PRECAST CONCRE 29,088 4.120 MASONRY TURNKEY 63,923 5.500 METAL FABRICATIONS 7,000 6.100 ROUGH CARPENTRY 2,090 7.500 ROOFING&SHEET METAL 28,269 7.902 BUILDING SEALANTS 1,399 8.100 DOORS, FRAMES&HARDWARE 13,189 8.361 ROLLING OVERHEAD DOORS 6,232 9.900 PAINTING 12,675 10.110 CHALK BOARDS 425 10.522 FIRE EXTING/CABINETS 542 10.810 TOILET ACCESSORIES 694 15.100 PLUMBING SUB TURNKEY 28,682 15.200 HVAC SUB TURNKEY 97,768 16.100 ELECTRICAL SUB TURNKEY 222,725 Estimate Totals Labor 37.821 hrs Material 1,160 3ubcontract 727.424 728,584 728,584 Overhead&profit 87,430 12.000 °a T '&P Bond 13,363 L 3eneral Conditions 84,000 L Management Fee 8,750 L Total 922,127 204.997 Exhibit A 01 -21 -05P03 :56 RCVD STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT is made and entered by and between the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called the "City", acting herein by and through Marc Ott, its duly authorized Assistant City Manager, and AUI Contractors, L.P., hereinafter called the "Consultant" for the purpose of providing professional services for Preconstruction Services for the Western Communications Facility. WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenant and agree as follows: SECTION I SERVICES OF THE CONSULTANT 1.1 The City hereby contracts with Consultant as an independent contractor, and the Consultant hereby agrees to perform, within the professional standards normally accepted in the State of Texas, consultation services in connection with the following general scope of work: Advise the City and Architect on material selection, prepare cost estimates, and coordinate utility and' site requirements in preparation for permitting and execution of a contract for the construction of the Western Communications Facility. The City has employed the architectural firm of Quorum Architects to perform any portion of the scope of work that requires performance by a licensed engineer or architect. SECTION H PERSONNEL 1. The following personnel will be assigned to this Project: 1.1. City of Fort Worth 1.1.1. Project Manager: Dalton Murayama, AIA 1.2. Consultant 1.2.1. Project Manager: Eric Willis 2. Neither party may change key personnel without agreement by the other party. SECTION III CHARACTER OF CONSULTANT'S SERVICES 1. Perform services as outlined in Scope of Services letter dated January 10, 2005 which is attached to hereto as Exhibit "A" and is made a part of this Agreement for all purposes. 2. The schedule for the Project is attached as Exhibit `B". Page 1 10-15-03 3. The Consultant shall advise City as to the necessity of City's providing or obtaining from others services and data required in connection with the Assignment at City's cost and expense (which services and data Consultant is not to provide hereunder but on which Consultant may rely in performing services hereunder), and act as City's representative in connection with any such services of others. 4. The Consultant shall be reimbursed for printing costs. SECTION IV SPECIAL SERVICES OF CONSULTANT 1. If authorized in writing by City, Consultant shall furnish or obtain from others Special Services necessary to complete the assignments. SECTION V COMPENSATION TO CONSULTANT 1. The total compensation for all of the assignments to be performed by Consultant as described in CHARACTER AND EXTENT of CONSULTANT'S SERVICES hereof shall not exceed $9,000.00, including the cost of any reimbursable. Hourly rate of services shall be as stated in Exhibit "C" attached hereto for all purposes. Consultant agrees to complete the entire scope of work at the stated not-to-exceed amount, regardless of the hours required. SECTION VI METHOD OF PAYMENT 1. The Consultant shall be paid not more frequently than once per month on the basis of statements.prepared from the books and records of account of the Consultant, such statements to be verified as to accuracy and compliance with the terms 'of this Agreement by an officer. of the Consultant. Payment according to statements will be subject to certification by the Director of the Transportation and Public Works Department or his duly authorized representative that such work has been performed. 2. The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until completion. If City fails to make any agreed to payment due Consultant for services and out-of-pocket expenses within sixty days after approval of Consultant's statement thereof, Consultant may, after giving seven days' written notice to City, suspend services under this Agreement until Consultant has been paid in full all amounts due for services actually performed and out-of-pocket expenses actually incurred. SECTION VII CONSULTANT'S SERVICES 1. Services are outlined in `Exhibit A" 2. The Consultant shall visit the sites and make himself familiar with the scope of the assignment 3. The Consultant shall provide up to two formal presentations of the Project Analyses at various stages of the assignment.. ?7 r, 1015-03 age 2 u �• �I U 4. -.AD designs, drawings, specifications, documents, and other work products of the CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the CONSULTANT will be at the CITY's sole risk. The CITY shall own the final printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents SECTION VIII CITY RESPONSIBILITIES 1. Provide criteria and information as to City's requirements and designate a person with authority to act on City's behalf on all matters concerning the Assignment 2. Clarify and define City's requirements relative to the assignments and review available data 3. City shall notify the Consultant when it is appropriate to proceed with the services 4. Assist Consultant in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. 5. Upon reasonable notice arrange for access to and make all provisions for Consultant to enter upon public and private property as may be required for Consultant to perform services hereunder. 6. Designate in writing qualified persons who will act as City's representatives with respect to the Assignment for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Consultant's services. 7. Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. 8. Upon reasonable notice provide labor and safety equipment to expose structural elements, to make temporary repairs, and to operate mechanical and electrical systems as required by the Consultant in the services. 9. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Assignment. 10. Bear all costs incident to compliance with this Section. SECTION IX TERMIINATION 1. The City may terminate this Agreement at any time for convenience or for any cause by (30) thirty-day notice in writing to the Consultant. Upon receipt of such notice, the Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into Contracts for supplies, assistance, facilities and materials in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreemen—_ Page 3 10-15-03 't �1 U i,G�.e ?t 2. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Consultant for services performed in accordance herewith prior to such termination, less such payments having been previously made. Such payment shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. Consultant shall also be compensated for all termination-related expenses such as meeting attendance, document reproduction, transfer of records, etc. 3. Upon early termination or conclusion of this Agreement, the Consultant shall provide the City reproducible copies of all completed or partially completed documents prepared under this Agreement that shall become the property of the City and may be used by the City in any manner it desires. The Consultant shall not be liable for the use of such materials for any project other than the project described in this Agreement. SECTION X INDEMNITY AND INSURANCE 1. Consultant shall indemnify and hold the City and all its officers, agents, servants and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to allpersons, including but not limited to officers, agents, or employees of the Consultant or any subconsultant, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error or omission in the performance of the Consultant's professional services. In no event shall the Consultant be liable for consequential damages. 2. The Consultant shall defend at its own expense any suits or other proceedings brought. against the City, its officers, agents, servants and employees, or any of them on account thereof, and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them arising out or the indemnification; provided and except, however, that this indemnification provision shall not be construed as requiring the Consultant to indemnify or hold the City or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to person caused by defects or deficiencies in design criteria based upon information furnished Consultant by City. 3. Without limiting the above indemnity, Consultant shall maintain a policy of comprehensive general liability insurance coverage with carriers acceptable to City in at least the following amounts: Commercial General Liability $1,000,000 Per Occurrence Employers Liability Insurance Bodily Injury $500,000 Each Accident $500,000 Policy Limit $500,000 Bodily Injury by Disease, each - employee Page 4 10-15-03 Workers Compensation Coverage A: Statutory limits Coverage B: Employer's Liability $100,000 each accident $500,000 disease-policy limit $100,000 disease- each employee Business Automobile Combination Single limits $500,000 each accident Personal Injury $2,500 each person Uninsured $500,000 each accident Professional Liability Insurance Not required. 4. Consultant shall furnish City a Certificate of Insurance in at least the above amounts. Certificate shall contain a provision that such insurance cannot be canceled without 30 days prior written notice to City. The City reserves the right to revise insurance requirements specified in this agreement to the best interests of the City. 5. General Insurance Requirements 5.1. Commercial General Liability coverage shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The�term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 5.2. Certificate(s) of insurance shall document that specified insurance coveragesare provided under applicable policies documented thereon. 5.3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. 5.4. A minimum of thirty days notice of cancellation, non-renewal or material change in coverage shall be provided to the City. A ten days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Facilities Manager, Transportation and Public Works Department, 1000 Throckmorton, Fort Worth, TX 76102. 5.5. The City shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of the Consultants general overhead. 5.6. The City reserves the right to revise insurance requirements specified in this agreement according to the best interests of the City. Page 5 x 10-IS-03 5.7. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in terms of their financial strength and solvency. 5.8. Deductible limits, or self-insured retentions, affecting insurance required herein may be acceptable to the City at its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 5.9. The City shall be entitled, upon its request and without incurring expense, to review the Consultant's insurance policies including endorsements thereto and, at the City's discretion, the Consultant may be required to provide proof of insurance premium payments. 5.10. The City shall not be responsible for the direct payment of anyinsurance premiums required by this agreement. It is understood that insurance cost is an allowable component of Consultant's indirect overhead 5.11. All insurance, except for the Professional Liability insurance policy, shall be written on an occurrence basis. 5.12. Subconsultants to the Consultant shall be required by the Consultant to maintain the same or reasonably equivalent insurance coverage, except for Professional Liability Insurance, as required for the Consultant. Consultant shall provide City with documentation thereof on certificates of insurance. The Consultant shall assure that Subconsultants provide acceptable and appropriate levels of Professional Liability coverage or that the Consultant's coverage provides coverage for the work of the Subconsultant. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Consultant of the Agreement. SECTION XI RIGHT TO AUDIT I. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant (30) thirty days advance notice of intended audits. 2. .Consultant further agrees to include in all its subcontracts hereunder a provision to the effect that the subconsultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such Page 6 10-15-03 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subconsultant (30) thirty days advance notice of intended audits. 3. Consultant and Subconsultants agree to photocopy such project-related documents as may be requested by the City. The City agrees to reimburse Consultant and Subconsultant for the costs of copies at the rate published in the Texas Administrative Code. SECTION XII SUCCESSORS AND ASSIGNS 1. The City and the Consultant each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XIII ASSIGNMENT 1. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. SECTION XIV INDEPENDENT CONSULTANT 1. Consultant shall perform all work and services hereunder as an independent Consultant, and not as an officer, agent, servant or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees and Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers, agents, employees and Subconsultants, and doctrine of respondent superior has no application as between the City and the Consultant. SECTION XV OBSERVE AND COMPLY 1. If permitting authorities require design changes so as to comply with published design criteria and/or current practice standards, which the Consultant should have been aware of at the time this Agreement was executed, the Consultant shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the Consultant could not have been reasonably aware of, the Consultant shall notify the City of such changes and an adjustment in compensation will be made through an amendment to this Agreement. Page 7 10-15-03 SECTION XVt. -VEN--Ljh- 1. Venue of any suit or cause of action under this Agreement shall he in Tarrant County, Texas. IN TESTIMONY THEREOF, the City of Fort Worth has caused this instrument to be signed in triplicate in its name and on its behalf, by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Consultant has also properly executed this instrument in triplicate copies, each of which is deemed an original. EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS2-�day of 2005. AUI Q ntrac Ors, L. P. 11 I/ City of Fort Worth By: By: B. Doug umbaugh„ Marc Ott Executive Vice President Assistant City Manager AUI Management, LLC General Partner Approval Recommended: Attested: Department of Transportation and Public Works By: By: V� ✓t- Robert Goode, P. E. 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Mo o 1.5 Ir ILI ir 12 2 fm I 1- 'E 1- 1-m 115 1X Is 1 i I i co CL 18 1 10- 12 't 1-6 i€ 1 i m a. its 1 o 1-0 1 1 ju 1 F) I J= 1, 1 s I a I- I.- I 12 im 1 t5 19 1=o 1 Sm 10. id i t i 9 1�-w I : !E .0 fw 1. !LL 1,0 I= 1 1&D 11L l(D S 1 r J— : 1 p, 1B f= f I M I !m !q: 18 IE 10 1 m 0 ir f.2 12 1-9 0 a' i2 la IM i,2 1 1.2 1, 1 !0) w 1< w i:2 i= M 0' 12 E 2 12. !a 12 1 v im Im I, I- I= !a 12 Om f2 12 1 a 1 c 1 c !2 1.. 15 1•_ 1w 01: icx E ia. IT; lam Im MI U) -a f=) 1% iLL 1.2 1 i 2 1- T 1-. 1.0 c fc, E jo io r 0 co, fa- in: ;u) 1> lz 10, 10 j, ljB 1< 0 Ha 1 ca lo' luo IS; j.E- 1, 0 c ic C-4 V) V 0 AM! CONTRACTORS, L.P. SUPERIOR SERVICES W=AN EXCEPTIONAL TEAM Exhibit A Re: Contract Attachment between the City of Fort Worth and AUI Contractors, L.P. for the Western Communications Facility project. Pre-Construction Services Scope of Work: 1. Initial Budget GMP Development 2. Up to (2) Budget Revision Reviews 3. Initial CPM Schedule Development for Construction 4. Up to (2) CPM Schedule Revisions 5. Up to (2) Value Engineering Reviews 6. Up to (2) Constructability Reviews 7. Material Selection Assistance to Architect 8. Attendance at up to (5) Design Meetings. Not to exceed $9,000.00. Date: January 10, 2005 e CONTRACTORS, L.P. SUPERIOR SERVICES WPPHANEXCEPTIOML TEAM Exhibit C Re: Contract Attachment between the City of Fort Worth and AU Contractors, L.P. for the Western Communications Facility project. Pre-Construction Services Hourly Rates (for Additional Services beyond Exhibit A Scope of Work) Salary Name Position Cost Multiplier Total AUl Personnel Eric Willis Project Mana er $39.98 2.30 $91.95 Jon Willis Senior Estimator $35.95 2.30 1 $82.69 Stac Underbaum Pre-Constr Coord. $35.59 1 2.30 $81.86 Project Jennifer Collins. Administrator $19.25 L 2.30 1 $44.28 Julio Arciga Take-Off S ecialist $20.35 2.30 $46.80 .2 Person Crew Surveyors $76.01 2.30--F$174.82 Superintendent $35.86 2.30 $52.48 Project En ineer $26,13 2.30 $60.10 Estimating Tech. 1 $20.35 2.30 $46.80 Jane Ratliff Estimatin Admin. $19.25 2.30 $44.28 Allowances Printing Costs per Budget Review $500.00 1.15 $575.00 Date: January 10, 2005 { DATE(MM/DDNYYY ACORD CERTIFICATE OF LIABILITY Y INSU NCE 01/13/2005' PRODUCER (214)691-5721 FAX (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION. K & S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southwest Assurance Group, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9400 N Central Expwy. , #950 Dallas, TX 75231-5044 INSURERS AFFORDING COVERAGE NAIC# INSURED AUI Contractors, LP INSURERA: American Guarantee & Liab. Ins. 4775 North Freeway INSURERS: American Zurich Ins. Co. Fort.Worth, TX 76106 INSURERc: American Guarantee & Liab. Ins. INSURER D: Zurich America Ins. Co. INSURER E: Great American Ins. Co. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED jO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONI TR LIMITS DATE 11A1E1WMQ=1 GENERAL LIABILITY CP03991019-01 05/01/2004 05/01/2005 EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PPFhAI.RFq(Fa $ 300,000 CLAIMS MADE FXA OCCUR MED EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY -X] PRO- JECT LOC AUTOMOBILE LIABILITY TAP3991020-01 05/01/2004 05/01/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ B X HIRED AUTOS BODILYINJURY $ X -NON-OWNEDAUTOS (Peraccident) PROPERTYDAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EAACCIDENT• $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: qGG $ EXCESS/UMBRELLA LIABILITY AUC-38070'72-00 05/01/2004 05/01/2005 EACH OCCURRENCE $ 10,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 10,00o,0001 C $ � DEDUCTIBLE $ X -RETENTION $ 10,00 $ WORKERS COMPENSATION AND WC3391018-01 05/01/2004 05/01/2005 X I wcsTATu• I OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? - E.L.DISEASE-EA EMPLOYE $ 1,000,OOO If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,UDO LEor ER TIM8938374-11 05/01/2004 05/01/2005 Any One Location - $6,000,000 n�land Marine - uilders Risk & $100,000 Transit Coverage Installation Floater $250,000 Limit-Flood & Quake DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLU IONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Western Communication Facility Project ity of Fort Worth, employees, officers, officials, agents and volunteers are additionally insured as required by written contract with regards to the General Liability policy reflected. CERTIFICATE HOLDER CANCELLATION 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 Facility Manager 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Trasportat i on and Public Works Department BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1000 Throckmorton OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE (� ('� _ ^ David Oxford/SHEREL t^X'Lr'�Imo// ACORD 25(2001/08) ©ACORD CORPORATION 1988 -12 City of Fort Worth TPW 2004 Awl Superior Services !� with an Exceptional Team f- s t-e- rn Ok tions k 3^s < F K i � - Construction 2-t-5 r R I k .,. Manager Proposal r PROPOSAL T0: CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: WESTERN COMMUNICATION FACILITY TPW2004-12 EAGLE MOUNTAIN WATER TREATMENT PLANT Pursuant to the foregoing "Notice to Construction Managers," the undersigned agrees to provide Management and Construction Services to construct the Western Communications Facility for the fees included herein., subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the CMAR is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF COST ITEMS UNDER CMAR AGREEMENT Design Phase and construction Construction Management Fee for services during design�phase $ 8,750.00 Construction Phase General Condition Expenses as percentage of construction 14.15 Markup on Subcontract Costs 15.0 % The undersigned agrees to complete the Construction Work within 135 calendar days after the date of Notice to Proceed with construction. The MWBE Goal proposed for this project is 15 % The City reserves the right to accept or reject any and all proposals or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. We reserve the right to renegotiate general.condit:iom: co:st:sif construction schedule is accelerated per City of Fort Worth request. Page 9 Western Communications Facility A. �_� Non-resident vendors in (give state),our principal place of business, are required to be percent lower than resident bidders by state law. Non-resident vendors in (give state), are not required to underbid resident bidders. B. 1XI Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of negotiating the contract, the successful CMAR will execute the formal contract and will deliver an approved Surety Bond for the faithful performance of this contact. The attached deposit check in the sum of$22,500 (5% of the Construction Budget) is to become the property of the City of Fort Worth, Texas, or the attached Proposer's Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): The Methodology Plan for the solicitation and utilization of MWBE Contractors and Suppliers is enclosed with this Proposal. A Contractors Qualification Statement is enclosed with this Proposal. Respectfully submitted, AUI Contractors., L.P. Cor any Nam 13y: 7 anageme t, ' enera artner By: Signidure B. Do Jumbaugh, Executive Vice President Printed Name of Principal Title Address: 4775 North Freeway Street Fort. Worth, TX 76106 City Zip Phone: 817/926-4377 Fax: 817/926-4387 Receipt is acknowledged' Ilowing addenda: Addendum No. 1 Addendum No. 2: Page 10 Westem Communications Facility City of Fort Forth, Texas Manor and Council Communication COUNCIL ACTION: Approved on 7/5/2005 DATE: Tuesday, July 05, 2005 LOG NAME: 20AUIWCOMM REFERENCE NO.: **C-20833 SUBJECT: Authorize Execution of a Contract with AUI Contractors, L. P., for the Construction of the Western Communications Tower Equipment Facility RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with AUI Contractors, L. P. (AUI) in the amount of $922,127 to construct the Western Communications Tower Equipment Facility under a Construction Manager at Risk Contract (CMAR) for the Information Technology Solutions Department. DISCUSSION: On December 21, 2004, (M&C C-20449) the City Council authorized the City Manager to execute a contract with Sabre Communications Corporation in the amount of $156,109 to fabricate and erect the Western Communications Tower at the Eagle Mountain Water Treatment Plant, 6801 Bowman Roberts Road in Fort Worth. The facility to be constructed by AUI will house the equipment to support the tower operations. The CMAR alternate delivery method was chosen to expedite the project by precluding the need for a solicitation and award process subsequent to design completion. A Request for Proposals was issued on November 12, 2004 and six proposals were received on December 9, 2004. The selection committee evaluated and ranked the proposals. The selection was based on several factors, including proposed schedule, proposed fees, experience based on past projects, past experience with the City, M/WBE participation and CMAR management experience. AUI was selected as the best value offeror. In order to arrive at a Guaranteed Maximum Price (GMP) for the project, a $9,000 pre-construction services contract was executed with AUI. Under the contract, AUI provided cost estimating services and value engineering consultation to ensure that the project goals are met within the project budget. All individual bid packages valued at over $25,000 must be competitively bid by AUI in accordance with the applicable requirements of the Texas Local Government Code. The facility will become the prototype for the other remote telecommunications facilities and towers. In addition to the facility construction contract cost, the overall facility budget includes: $30,150 for design; $9,000 for AUI preconstruction services; $15,405 for TXU electrical/transformer and water/sewer fees, and $78,000 for contingency, survey, geotechnical testing and City staff project management. AUI is in compliance with the City's M/WBE Ordinance by committing to 15% M/WBE participation. The City's goal for this project is 15%. This project is located in COUNCIL DISTRICT 7. I 1. ,1 r•,S L-!�;U Logname: 20AUIWCOMM L._."_Pag e I of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Fire Services Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C132 541200 004132001001 $922,127.00 Submitted for City Manager's Office by. Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Dalton Murayama (8088) 7UCT�fI 0 L'� ' i<Li11�151L�°vd�1 IU t Logname: 20AUIWCON M - ----Page of 2