HomeMy WebLinkAboutContract 35727 CITY SECRETARY
CITY OF FORT WORTH, TEXAS "ONTRACT NO
CONSTRUCTION MANAGEMENT AT RISK CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
This CONTRACT is made and entered into the 22-rld day of August, 2006, by and between the CITY OF
FORT WORTH, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas,
hereinafter called "City", and the Construction Manager at Risk, E3 Contract Consultants, Inc./Thos. S.
Byrne, Ltd. (E3/Byrne), a Joint Venture, hereinafter called "CMAR." The City and CMAR are sometimes
referred to herein individually as a "Party"and collectively 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 bonds bearing even date
herewith, CMAR hereby agrees to provide all labor, supervision, materials and equipment necessary to
be used or incorporated in order to provide construction management services and to produce the
construction of certain improvements per the basic scope of work set forth in the Architect/Engineer
construction documents, the Request for Proposals, CMAR's proposal, and the other Contract
Documents (the"Work")for the GUINN ELEMENTARY SCHOOL RENOVATION PROJECT("Project").
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. The initial
construction budget estimate is $1,500,000. The final Guaranteed Maximum Price will follow based on
the sealed permit set of construction documents.
The Notice-to-Proceed with construction will be issued upon approval of the final Guaranteed Maximum
Price ("GMP"). The final GMP will be based upon the sealed permit set of Specifications and Plans
prepared by the Architect in consultation with the CMAR and City staff. The final GMP will include all fees
and burdens associated with the execution of the Work for the Project. The CMAR agrees to commence
the construction of said Work within ten (10)calendar days after being notified in writing to do so by City.
Compensation
The City agrees to pay, and the CMAR agrees to receive, for all of the aforesaid Work, compensation
equal to actual expenses incurred plus the CMAR Fee up to the Construction Budget is attached hereto
and incorporated herein as Attachment 1. The list of items included in the General Conditions and Cost
of Work expenses is attached hereto and incorporated herein as Attachment 2. Payment will be made in
monthly installments upon actual work completed by the CMAR and receipt of invoice from the CMAR
pursuant to the payment provisions of the General Conditions. Upon the City's request, the CMAR will
provide documentation demonstrating actual expenses incurred
Schedule
The CMAR agrees to complete the Work, suitable for occupancy and beneficial use, within 243 calendar
days from the Notice-to-Proceed.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT � �� ; 0�1 TEX�
GUINN ELEMENTARY SCHOOL RENOVATION
Page 1 of 47
MWBE
The CMAR commits to 27% MWWBE participation for this Project.
General Conditions
Attachment 3 will be the General Conditions and Insurance Requirements for this Project
Insurance Certificate Requirements
The CMAR will provide a Certificate of Insurance listing the City of Fort Worth as certificate holder,
showing the amounts and types of coverage as required in the General Conditions.
The CMAR agrees to provide to the City a certificate showing that it has obtained a policy of workers
compensation insurance covering each of its employees on the Project in compliance with Texas 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 other
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
CMAR, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated
damages. The CMAR and its Surety shall be liable to the City for such a deficiency.
(Remainder of Page Intentionally Left Blank)
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
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IN WITNESS WHEREOF,the Parties have caused this instrument to be signed in six counterparts
Executed in Fort Worth,Texas, this the � — day of A« A . 2007.
E3/13YRNE,A JOINT VENTURE APPROVED:
• rOF FORT WO H
Qn
Monte Elliott. Marc Ott
Presiders o act Consult s, Assistant CitvtIanager
John Av ,Jr.
Presid nt, Thos. S. Byme, Ltd.
APPROVAL RECOMMENDED: ATTEST:
Robert Goode, P.E. Marty Hendrix
Director, Transportation &Public Works Dept. City Secretary
APPROV D AS TO FOR LEGALITY:
Contract Authorization: M&C C21618)
Amy J. RanOy Date:August 22, 2006
Assistant City Att rney
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 3 of 47
Attachment 1 (Breakout of $1,500,000 Construction Budget)
$ 10,000 Consultation Fee During Design Phase(Separate Preconstruction Services Agreement)
$1,097,086 Subcontractors, Material, Labor, & Equipment
$ 164,696 General Conditions(See Attachment 2)
$ 150,000 Construction Management Fee
$ 50,000 Contingency
$ 19,536 Expected Cost of Performance&Payment Bonds(Included in GMP)
$ 18,682 Expected Cost of Insurance (Included in GMP)
$ N/A Other Costs Not Included Above
$ 1,500,000 Guaranteed Maximum Price
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GU INN ELEMENTARY SCHOOL RENOVATION
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Attachment 2 (Expenses of General Conditions and Cost of Works)
General Conditions Expenses Include: Cost of Work Expenses Include:
$ 17,560 Construction Manager(20%) Field Engineer
$31,503 Project Manager(50%) Field Engineer Helper
N/A Project Engineer Permits/City Licenses
$ 12,000 M/WBE Coordinator Progress Photos
$60,975 Project Superintendent(100%) Safety Rails
$ 1,083 Safety Program Subcontractors
$ 866 Job Sign Subcontract Bonds
$ 2,598 Office Supplies Materials
$ 1,083 First Aid/OSHA Shipping
$ 650 Fire Extinguishers Setup& Recharge Freight
$ 1,600 Printing, Record, Shop Drwgs, Misc Labor
N/A Furniture(By E3) Equipment
$ 1,083 Delivery Services Tools
$ 3,500 Telephone &FAX Sales Taxes as Appropriate
$ 13,178 Jobsite Truck(s) Debris Removal
$ 1,000 Office Trailer Shop Drawings and Submittals
$ 3,464 Copy Machine All Required Insurance
$ 1,083 Postal Scales Payment and Performance Bonds
$ 2,706 Computer Dewatering
$ 4,500 Gas, Oil, Grease, Equipment Repair Fasteners and Nails
$ 3,464 Mobile Phones Hoisting
800 Drug Testing Layout and Surveying
$164,696 Total Stormwater Engineer
Sweep Parking Lot
Temporary Fencing
Temporary Partitions
Floor Protection
Scaffolding
Temporary Parking/Roads
Climate Protection
Night Security
Barricades and Protection
Protect Floors
Storage
Temporary Toilet
Drinking Water
Temporary Utilities
Temporary A/C and Heat
Move-in/Move-out
Temporary Site Cleanup
Final Cleanup
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
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Attachment 3
City of Fort Worth, Texas
Transportation and Public Works Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION MANAGER AT RISK(CMAR)
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,Architect/Engineer construction documents,the Request for Proposals,CMAR's Proposal,
General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda and/or 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 City,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 the Contract Documents.
A4 PROJECT MANAGER. A City employee of the Architectural Services department assigned to be the
point person for day-to-day communications with the City. The Project Manager for this Contract is:
Don Powell,Registered Architect,during design and Jack Durham,Senior Construction Manager during
construction.
Thee City may change the Project Manager and will notify the CMAR of any such change.
A-5 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 City in such form as may be prescribed by law and returned to the City 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-6 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 it has complied with these requirements and has accepted the site
as suitable for the Work.
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GUINN ELEMENTARY SCHOOL RENOVATION
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CMAR shall be responsible for all costs associated with naturally occurring differing or unforeseen site conditions.
City shall be responsible for any costs associated with manmade differing or unforeseen site conditions. This
provision shall not apply to the renovation,repair,or rehabilitation of any existing structure.
A-7 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-8 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-9 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 City,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 City
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,Contract.
A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. . CMAR shall pay the cost of
reproduction for all copies of drawings and Specifications necessary for its work.
All drawings, Specifications and copies thereof furnished by the City or the Architect are and shall remain the
property of the City. 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 City on request after the completion of the Work.
A-11 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE
Program will take precedence over other subcontractor utilization programs on Block Grant and other federally
funded Projects except where federal guidelines are mandatory for funding.(i.e.TxDOT or EPA)
A-12 CORRELATION AND INTENT. In general,the drawings indicate dimension,locations,positions,
quantities,and kinds of construction;the Specifications indicate the quality and construction procedures required.
Work indicated on the drawings and not specified or vice-versa,shall be furnished as though set forth in both.
Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If
the drawings are in conflict or conflict with the Specifications the better quality or greater quantity or work or
materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over
small-scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur
without the Architects approval.
A 13 AGE In accordance with the policy""of the Executive Branch of the federal government,CMAR
covenants that neither it nor any of its officers,members,agents,employees,program participants or
Subcontractors,while engaged in performing this Contract,shall,in connection with the employment,advancement
or discharge of employees or in connection with the terms, conditions or privileges of their employment,
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
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discriminate against persons because of their age except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
CMAR further covenants that neither it nor its officers,members,agents,employees, Subcontractors,program
participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work
on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a
bona fide occupational qualification,retirement plan or statutory equipment.
CMAR warrants it will fully comply with the federal policy and will defend,indemnify and hold City harmless
against any claims or allegations asserted by third Parties or Subcontractor against City arising out of CMAR's
and/or its Subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination
in the performance of this Contract.
A-14 DISABILITY:In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"),CMAR warrants that it and any and all of its Subcontractors will not unlawfully discriminate on the basis
of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of
employment for applicants for employment with,or employees of CMAR or any of its Subcontractors.CMAR
warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning
disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third
Parties or Subcontractors against City arising out of CMAR's and/or its Subcontractors' alleged failure to comply
with the above-referenced laws concerning disability discrimination in the performance of this Contract.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. Where the term"Architect"is used in the General Conditions,it
shall refer to the design architect or engineer.
B-2 DUTIES OF THE ARCHITECT As used herein,the term Architect means the Architect or its
authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract
between the Architect and the CMAR.
B-3 ARCHITECT AS REPRESENTATIVE OF THE CITY The Project Manager will provide general
administration of the Contract on behalf of the City and will have authority to act as the representative of the City to
the extent provided in the Contract Documents unless changed in writing by the City. The Architect will be
available for conferences and consultations with the City or the CMAR at all reasonable times.
B4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in
preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its
assigned functions under the Contract Documents.
The Architect will make periodic visits to the site to familiarize himself with the progress and quality of the Work
and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site
observations,the Architect will keep the City informed of the progress of the Work and will endeavor to guard the
City against defects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's
applications for payments,the Building Construction Manager will make determinations and recommendations
concerning the amounts owing to the CMAR and will issue certificates for payment amounts.
B-5 INTERPRETATIONS. The Architect will be,in the first instance,the interpreter of the requirements of
the Plans and Specifications and the judge of the performance thereunder by the CMAR., subject to the final
decision of the City.
B-6 MISCELLANEOUS DUTIES OF ARCHITECT.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
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Shop Drawings. The Architect will review shop drawings and Samples,The Architect may retain a working and
file copy of the shop drawings and Samples. Two copies of each approved Shop Drawing and submittal will be
provided to the City by the Architect. All remaining copies will be returned to the CMAR.
Change Orders. Change Orders and field orders for minor changes in the Work will be issued by the City pursuant
to its processes.
Guarantees. The City will receive all written guarantees and related documents required of the CMAR.Upon
completion of the project the CMAR shall provide the City six(6)copies of each guarantee. The specified
guarantees and warranties will be submitted in the O&M Manuals listed below.
Inspections The City will conduct inspections for the purpose of determining and making its recommendations
concerning the dates of substantial completion and final completion. The City&Architect will conduct the final
acceptance inspection and issue the Certificate of Completion.
Operation and Maintenance Manuals The City will receive six copies of all applicable equipment installation,
operation,and maintenance brochures and manuals required of the CMAR.
B-7 TERNIINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect
by the City,the City shall either assume the duties of the Architect through the Director of the Department of
Transportation and Public Works,or shall appoint a successor Architect.
SECTION C
CITY as OWNER
C-1 IDENTIFICATION. The City of Fort Worth is acting herein by its duly authorized representatives in the
manner provided by law. Depending upon the action to be taken,authorized representatives include the City
Manager,Assistant City Manager,the Director and of Transportation and Public Works Department and members
of the Architectural Services Division. Generally speaking a designated representative will be the Project Manager
identified from within the Architectural Services Division to act as a point of contact for day-to-day contract
administration.
C-2 DUTIES OF THE CITY. The City shall furnish surveys describing the physical characteristics,legal
limits and utility locations for the site of the Work which may be reasonably relied upon by CMAR provided,
however,that the CMAR hereby covenants that it has inspected the premises and familiarized itself therewith and
that the locations of utilities and other obstacles to the prosecution of the Work as shown on the City's survey are
for information only,are not binding upon the City.The City shall secure and pay for title to the site and all
necessary permanent or construction easements. The City will cooperate with the CMAR in the prosecution of the
Work in such manner and to such extent as may be reasonable and shall furnish information under its control with
reasonable promptness at the request of the CMAR.
C-3 INSTRUCTIONS. The City shall issue all instructions to the CMAR through the Project Manager.
C4 ACCESS TO JOB SITE. The City shall at all times have access to the Work whenever it is in preparation
and progress. The CMAR shall provide facilities for such access so the City may perform its assigned functions
under the Contract Documents.
C-5 PROGRESS INSPECTIONS. The City will make visits to the site to become familiar with the progress
and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents.
On the basis of on-site observations and reports concerning the progress and quality of the Work,the City will
approve and authorize the CMAR's applications for payments.
C-6 AUTHORITY TO STOP WORK. The City will have authority to reject work that does not conform to
the Plans and Specifications. Whenever,in its reasonable opinion,the City considers it necessary or advisable in
order to insure the proper realization of the intent of the Plans and Specifications,the City will have authority to
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
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require the CMAR to stop the Work or any portion thereof,or to require special inspection or testing of the Work
whether or not such work.be then fabricated,installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and the Project
Manager that the Work is Substantially complete,the City will schedule a Substantial Completion Inspection to be
conducted by the Architect and attended by representatives of the Architect,City and CMAR.Items identified
during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached
to the AIA document G704,which is to be prepared and signed by the CMAR,and accepted,approved and signed
by the City.
C-8 RIGHT TO AUDIT. CMAR agrees that the City shall,until the expiration of three years after final
payment under this Contract,have access to and the right to examine any directly pertinent books,documents,
papers and records of the CMAR involving transactions relating to this Contract.
CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Subcontractor
agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to
and the right to examine any directly pertinent books,documents,papers and records of such Subcontractor,
involving transactions to the subcontract.The term"subcontract"as used herein includes purchase orders.
CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR
for the costs of copies at the rate published in the Texas Administrative Code.
SECTION D
CONSTRUCTION MANAGER AT RISK(CMAR)
D-1 IDENTIFICATION 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 Work. The duties of the CMAR are as follows:
1. The CMAR will propose a Guaranteed Maximum Price("GMP")for the construction of the Work that
is within the Construction Budget after or during the completion of the design phase services.
2. The CMAR will serve as general contractor for the Work 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
Contract,Conditions of the Contract,drawings,Specifications,addenda and modifications and shall at once report
to the City and to the Architect any error,inconsistency or omission it may discover. However,CMAR shall not be
responsible for ascertaining that the drawings and specifications are sufficient for use performing the work:,
adequate for their intended purpose,or in compliance with applicable law,regulations or building codes.The
CMAR shall do no work without drawings,Specifications and Interpretations.
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D-5 SUPERVISION. The CMAR shall supervise and direct the Work,using its 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 its 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.
a) Duty to nay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258,
Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by
the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter
2258. Such prevailing wage rates are included in these Contract Documents.
b) Penalty for Violation. The CMAR or any Subcontractor who does not pay the prevailing wage shall,upon
demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of
the day that the worker is paid less than the prevailing wage rates stipulated in these Contract Documents.
This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government
Code 2258.023.
c) Complaints of Violations and City Determination of Good Cause. On receipt of information, including a
complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by the
CMAR or a Subcontractor, the City shall make an initial determination, before the 31'day after the date
the City receives the information, as to whether good cause exists to believe that the violation occurred.
The City shall notify in writing the contractor or Subcontractor and any affected worker of its initial
determination. Upon the City's determination that there is good cause to believe the contractor or
Subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates, such
amounts being subtracted from successive progress payments pending a final determination of the
violation.
d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section
2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be
submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq.,
Revised statutes) if the contractor or Subcontractor and any affected worker do not resolve the issue by
agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph
(c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the
11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition
of any of the persons. The City is not a Party in the arbitration. The decision and award of the arbitrator is
final and binding on all Parties and may be enforced in any court of competent jurisdiction.
e) Records to be Maintained. The CMAR and each Subcontractor shall, for a period of three (3) years
following the date of acceptance of the Work,maintain records that show (i)the name and occupation of
each worker employed by the CMAR in the construction of the Work provided for in this Contract;and(ii)
the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for
inspection by the City. The provisions of the Audit section of these Contract Documents shall pertain to
this inspection.
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f) Pax Estimates. With each partial payment estimate or payroll period,whichever is less,the CMAR shall
submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas
Government Code.
g) Postingof f Wage Rates. The CMAR shall post the prevailing wage rates in a conspicuous place at the site
of the project at all times.
h) Subcontractor Compliance. The CMAR shall include in its subcontracts and/or shall otherwise require all
of its Subcontractors to comply with paragraphs(a)through(g)above.
On projects where special wage rates apply(e.g.Davis-Bacon)the CMAR agrees to meet all requirements of such
programs. This project will require Davis-Bacon wage rates.
D-8 WARRANTY. The CMAR warrants to the City 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 City,the CMAR shall furnish satisfactory evidence as to
the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and
not in limitation of any other 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. City will furnish tax exemption certificate to CMAR.
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 City are waived.
The CMAR shall give all Notices and comply with all laws,ordinances,rules,regulations,statutes,City Charter,
orders,and directives 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,it shall promptly notify
the Architect&City 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,ordinances,rules,regulations,statutes,City Charter,
ordinances,orders,directives,or regulations without furnishing notice to the City,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 Work site during the progress of the Work.The CMAR's Project Manager whall
represent the CMAR and all communications given to the Project Manager shall be binding as if given to the
CMAR. All binding communications from the City or Architect will be confirmed in writing.Other
communications will be so confirmed on written request in each case.
D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be
responsible to the City for the acts and omissions of all its employees and all Subcontractors,their agents and
employees,and all other persons performing any of the Work.
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 City shall have the right,after providing
CMAR Ten(10)days written notice and an opportunity to cure,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 reasonable cost to the 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 City on demand in writing,setting forth and specifying an itemized statement of the total cost
thereof,said excess cost.
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D-14 PROGRESS SCHEDULE. The CMAR,immediately after being awarded the Contract,shall prepare and
submit for the Project Mariager'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 Project
Manager'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. It shall also include review and
approval dates that are equally binding on the Architect and City.
The CMAR shall submit an updated progress schedule the Project Manager 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
City 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 to review while on site. The drawings,marked to record all concealed/covered
mechanical,electrical,and plumbing work and all request for information changes made during construction,shall
be delivered to the City upon completion of the Work.The Architect will prepare,and provide to the City,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 its approval and submit,with reasonable promptness and in orderly sequence
so as to cause no delay in the Work or in the work of any other CMAR,normally within the first 90 days of the
Work,seven(7)copies of all Shop Drawings and four(4)Samples required by the Contract Documents or
subsequently as covered by changes or amendments.Shop Drawings and Samples shall be properly identified as
specified.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 it has determined and
verified all field measurements,field construction criteria,materials,catalog numbers and similar data,and that it
has checked and coordinated each shop drawing given in the Contract Documents.
The Architect will review and approve Shop Drawings and Samples within the timeframes of the approved schedule
and with reasonable promptness so as to cause no delay,but only for conformance with the Contract Documents 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.
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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, the entire site of the Work shall be under the exclusive control,care and
responsibility of the CMAR.CMAR shall take reasonable precaution against injury or damage to persons or
property by the action of the elements or from any other foreseeable cause whatsoever.The CMAR shall rebuild,
repair,restore and make good at its own expenses damages to any portions of the Work occasioned by any of the
above to it's original form,caused before acceptance.
D-18 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of its
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 CMAR shall remove all its waste materials and rubbish from and about the
project as well as all its tools,construction equipment,machinery and surplus materials,and shall clean all glass
surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal
of rubbish and leaving the buildings"broom-clean",CMAR shall clean all glass,replace any broken glass,remove
stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces,
clean fixtures and wash all concrete,tile and terrazzo floors.
If the CMAR fails to clean up,the City 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 City and
concurrently to 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 its authorized representative.
Nothing contained in the Contract,Documents shall create any contractual relation between the City and the
Architect and any Subcontractor or any of its sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS.The CMAR shall comply with requirements of Sections 271.118 and
271.025,Texas Local Government Code,in advertising and awarding contracts to subcontractors. City 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 elements of Work exceeding$25,000
other than the General conditions. To self-perform work,the CMAR must submit a bid or proposal in the same
manner as the major trade Subcontractors mentioned above. CMAR may perform all other duties as required.
CMAR will provide City full access to the results of all bid solicitations prior to the award of any subcontract.
CMAR will recommend to the City the Subcontractor to be awarded each bid package. City 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.
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The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted
by the City and the Architect,unless the substitution is also acceptable to the City and the Architect.The CMAR
shall not be entitled to any adjustment in the GMP based on a CMAR initiated substitution. CMAR shall comply
with the requirements of City Ordinance 15530 regarding Minority and Women Owned Businesses in all
subcontracting opportunities.
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 City 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 City;
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,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 City and the Architect,whether or not such provisions are
physically included in the sub-contract.
E4 MINORITY AND WOMENS BUSINESS ENTERPRISE(M/WBE),Should the base bid be less than
$25,000,the requirements of this section do not apply.
General: In accordance with City of Fort Worth Ordinance No 15530(the"Ordinance"),the City of Fort Worth
sets goals for the participation of minority and women business enterprises(M/WBE)in City contracts. Ordinance
No 15530 is incorporated in these General Conditions by reference.A copy of the Ordinance may be obtained from
the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract.
Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five
City business days after bid opening. Failure to comply with the City's M/WBE Ordinance,or to demonstrate a
"good faith effort", shall result in a bid being considered non-responsive.
During Construction: CMAR shall provide copies of subcontracts or cosigned letters of intent with approved
M/WBE Subcontractors and or suppliers prior to issuance of the Notice to Proceed. CMAR shall also provide
monthly reports on utilization of the Subcontractors to the M/WBE Office and the Construction Manager. CMAR
must provide the City with complete and accurate information regarding actual work performed by an 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 its possession that will substantiate the actual work performed by an M/WBE. The
misrepresentation of facts 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. An offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an
irresponsible offeror and barred from participating in City work for a period of time of not less than three(3)years.
The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of
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contract as stated herein,may result in the offeror being determined to be an irresponsible offeror and barred from
participating in City work for a period of time of not less than one(1)year.
The CMAR may count toward the goal any tier of MWBE Subcontractors and/or suppliers. The CMAR may count
toward its goal a portion of the total dollar amount of the Contract with a joint venture equal to the percentage of the
M/WBE participation in the joint venture for a clearly defined portion of the Work to be performed. All
Subcontractors used in meeting the goals must be certified prior to the award of the Contract.
Change Orders: Whenever a change order affects the work of an M/WBE Subcontractor or supplier,the M/WBE
shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE
Coordinator shall determine the goals applicable to the work to be performed under the change order.
During the term of the Contract,the CMAR shall:
1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the
bid/proposal or during negotiation,without prior submission of the proper documentation for review and
approval by the MWBE Office.
2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the
CMAR represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier
opportunity work,the CMAR shall notify the City before subcontracts for work and/or supplies are awarded
and shall be required to comply with subsections 12.3 and 12.4 of the 00rdinance,exclusive of the time
requirements stated in such subsections.
3. The CMAR shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF
CHANGE FORM,if,during the term of any contract,the CMAR wishes to change or delete one or more
M/WBE Subcontractors or suppliers.
Justification for change of Subcontractors may be granted for the following:
1. An M/WBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or
2. An M/WBE's failure to provide evidence of general liability or other insurance under the same or similar terms
as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits
required of the CMAR by the City;or 2)the limits contained in the CMAR's standard subcontract or supply
agreements used on other projects of similar size and scope and within the CMAR's normal business practice
with non-M/WBE Subcontractors/subconsultants or suppliers;or
3. An MWBE's failure to execute the CMAR's standard subcontract form, if entering a subcontract is required by
the CMAR in its normal course of business,unless such failure is due to:
a) A change in the amount of the previously agreed to bid or scope of work;or
b) The contract presented provides for payment once a month or longer and the CMAR is
receiving payment from the City twice a month;or
c) Any limitation being placed on the ability of the M/WBE to report violations of the
Ordinance or any other ordinance or violations of any state or federal law or other
improprieties to the City or to provide notice of any claim to the CMAR's surety company
or insurance company.
d) Mediation shall be a consideration before the request for change is approved.
4. An M/WBE defaults in the performance of the executed subcontract. In this event,the CMAR shall:
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a) Request bids from all M/WBE Subcontractors previously submitting bids for the Work,
b) If reasonably practicable,request bids from previously non-bidding M/WBEs,and
c) Provide to the M/WBE office documentation of compliance with(a)and(b)above.
5. Any reason found to be acceptable by the M/WBE Office in its sole discretion.
Within ten days after final payment from the City the CMAR shall provide the M/WBE Office with documentation
to reflect final participation of each Subcontractor and supplier,including non-M/WBEs,used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor,upon receipt of
payment from the City,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 its
subcontractors.
If the City 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 its Work to the extent completed,less the retained
percentage.
The CMAR shall pay each Subcontractor a just share of any insurance monies received by the CMAR,and it shall
require each Subcontractor to make similar payments to its Subcontractors.
The City may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding
percentages of completion certified to the CMAR on account of Work done by such Subcontractors.
E-6 SUBCONTRACTOR REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS
Each Subcontractor must agree to comply with all applicable federal,state,and local requirements in addition to
those set forth in this section.
No Subcontractor will be employed on this project,except as specifically approved by the City,who is contained in
the listing of contractors debarred,ineligible,suspended or indebted to the United States from contractual dealings
with federal government departments. The work performed by any such contractor 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.
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 make a good
faith effort to provide(define good faith effort)employment of local labor to the maximum extent possible.
SECTION F
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SEPARATE CONTRACTS
F-1 CITY'S RIGHT. The City 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 contractor"in the Contract
Documents in each case shall be the contractor who signs each separate contract. City will notify and provide
CMAR in advance of the scope of work for other contractors and,if any work beyond the scope of work as defined
by the Contract Documents is required of the CMAR,allow CMAR to adjust Contract for coordination issues.
F-2 MUTUAL RESPONSIBILITY OF CMARS. The CMAR shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and equipment and the execution of their work,and
shall properly provide for connections and coordination of its work with theirs.
If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate
contractors,the CMAR shall inspect and promptly report to the City 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 its 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 it will so settle. If such separate CMAR sues the City on account of any
damage alleged to have been so sustained,the City shall notify the CMAR who shall defend against such suit at the
CMAR's expense,and if any judgment against the City arises therefrom,the CMAR shall pay or satisfy such
judgment and shall reimburse the City for all attorney's fees,court costs and expenses which the City 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 its Work that may be required to fit it to receive or be received by the work of other
contractors shown in the Contract Documents.The CMAR shall not endanger any work or any other contractors by
cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except
with the written consent of the Architect.Any costs caused by defective or ill-timed work shall be borne by the
Party responsible therefore.
F-4 CITY'S RIGHT TO CLEAN UP. If a dispute arises between the CMAR and a separate contractor as to
their responsibility for cleaning up,the City may clean up and charge the cost thereof to the CMAR and other
contractor(s)as the Director of the Department of Transportation and Public Works shall determine to be just and
mutually agreeable with CMAR.
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 itself and strictly comply with all federal,state,county and city laws,statutes,City 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,City Charter,ordinances,regulations,or
directives,whether by CMAR,its employees,agents or Subcontractors.
G-2 GOVERNING LAWS. It is mutually agreed and understood that this Contract 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 City herein,the officers,agents and employees of the City of Fort Worth
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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 to comply with all federal,state and local laws,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.
The City is responsible for obtaining the Building Permit. The CMAR and the appropriate Subcontractor are
responsible for obtaining all other 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 tap,impact&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 CITY,ITS OFFICERS,SERVANTS AND
EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS,
PROPERTY DAMAGE,PERSONAL INJURY,INCLUDING DEATH,TO THE EXTENT 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,CMAR LIKEWISE COVENANTS AND AGREES TO INDEMNIFY AND HOLD
HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURIES TO CITY'S OFFICERS,
SERVANTS AND EMPLOYEES AND ANY DAMAGE,LOSS OR DESTRUCTION TO PROPERTY OF
THE CITY TO THE EXTENTARISING FROM THE PERFORMANCE OF ANY OF THE TERMS AND
CONDITIONS OF THIS CONTRACT.
In the event City 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 City satisfactory evidence that the claim
has been settled and/or a release from the claimant involved,or(b)provides City with a letter from CMAR's
liability insurance carrier that the claim has been referred to the insurance carrier.
The City's authorized representative may,if it 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 its rights or duties hereunder without the prior written consent of the City.Any such
purported assignment or subletting without the prior written consent of City 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 its 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.
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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 City,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 it$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 City upon request. The City,in its sold discretion,will determine the
adequacy of the proof required herein.
Nor sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are
interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any
time by the City,notice will be given to the CMAR to that effect and the CMAR shall provide a new surety
satisfactory to the City.
G-9 CITY'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 City may,
after Two(2)days written notice and an opportunity to cure has been provided to CMAR,without prejudice to any
other remedy it 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 CMAR shall
pay the difference to the City.
G-10 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 City timely
notice of its readiness and the date arranged so the Architect may observe such inspection,testing or approval. The
City shall bear all costs of such inspection,tests and approvals unless otherwise provided.
If after the commencement of the Work,the City determines that any Work requires special inspection,testing or
approval not included above,the City,upon written authorization from the City,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 with the requirements of the Contract
Documents,the CMAR shall bear all costs thereof,including the Architect's additional services made necessary by
such costs;otherwise the City shall bear such costs,and an appropriate Change Order shall be issued.
The CMAR shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by
it to the City.The Architect will review the certificates and forward one copy of each with its recommendation(s)to
the City.
If the City 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 City in their administration of the Contract,nor inspections,tests or
approvals by persons other than the CMAR shall relieve the CMAR from its obligations to perform the Work in
accordance with the Contract Documents.
G-11 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 MAR 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 City.When it is necessary to interrupt the
existing utilities,the CMAR shall notify the City in writing at least ten days in advance of the time that it desires the
existing service to be interrupted.The interruption time shall be kept to a minimum.Depending upon the activities
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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 City.
G-12 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.
However,CMAR shall not be responsible for errors and omissions in the contract documents including dimensions
and elevations.
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 it,and should any discrepancy be found,it shall immediately report the same to the Architect for verification and
adjustment.Any duplication of work made necessary by failure or neglect on its part to comply with this function
shall be done at the CMAR's sole expense.
G-13 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 if the extra cost could have been avoided by the CMAR measuring before ordering.Any
difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding
with the Project.
G-14 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. Existing
overhead electric lines are taken down at the City's 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-15 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other
improvements from damages. CMAR's operations shall be confined to the immediate vicinity 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 City.
G-16 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.
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G-17 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 conf ence.The CMAR will be held responsible for the relocating of any items without first
obtaining the Architect's a;proval.He shall remove and relocate such items at its own expense if so directed by the
City.Where possible unilb�rn margins are to be maintained between parallel lines and or adjacent wall,floor or
ceiling surfaces.
G-18 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,and 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-19 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.Seven(7)copies of such instructions shall be furnished to the
Architect and its approval thereof obtained before work is begun.
G-20 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.
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.
8. 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.
9. 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.
10. Burning:Burning of rubbish on the premises will not be permitted.
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G-21 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-22 FIRE PROTECJION. 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-23 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-24 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'/2"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 Subcontractors.
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. Provide local supplier contact information for
all parts associated with same.
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 its expense,competent
manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by
the drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start up.
After all systems are functioning properly the representatives shall instruct maintenance personnel of the City in the
proper operation and maintenance of each item.
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G-25 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 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 City.Guarantees shall not apply to work where damage is result of abuse,neglect by City or its
successor(s)in interest.
The CMAR agrees to warrant its Work and materials provided in accordance with this Contract and the terms of the
Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the
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-26 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 that 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-27 CONSTRUCTION FENCE. At the CMAR's option, it may provide a substantial chain-link construction
fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.
Remove the fences and gates upon completion of the Project and restore the site to the required original or contract
condition.
G-28 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-29 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 City salvage shall be carefully removed and delivered to the City at any location in
within the City limits as directed by the City.
G-31 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
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
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days after bid opening and upon request of the CMAR,the CMAR will submit a full sized sample and/or detailed
information as required to allow the architect to determine the acceptability of proposed substitutions. Where
equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS.
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the
number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus
additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner.
The date of commencement of the Work is the date established in the Notice to Proceed. The Notice to Proceed will
be issued upon issuance of the Building Permit.
The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the
Architect and the City that construction is sufficiently complete,in accordance with the Contract Documents,so the
City 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 official action authorized by the City,and no other
form of acceptance will be binding upon the City.
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 Project Manager with final approval by the 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 it 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 of the City or the Architect,or by any authorized employee of the City,or by any separate CMAR
employed by the City,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 reasonable 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 City. If a delay exists for more than 10 days the City will
review and consider the impact of such delays on the site overhead costs to the CMAR upon receipt of a written
request by the CMAR.If the CMAR should reasonably believe that the delay will ensue for more than 10 days it
shall take all reasonable steps to suspend its costs incurred. If the City determines that the delay is substantial and
will persist beyond ten days it may exercise its right to terminate the Project and this Agreement. Nothing contained
in this Section shall limit the City's rights to terminate this Agreement. When the CMAR is delayed due to
abnormal weather conditions,the weather table provided as WT-I in these Contract Documents shall be used as the
basis for providing a fair and equitable adjustment of the contract time.
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All claims for extension of time and/or costs for delay 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.
SECTION I
PAYMENTS AND COMPLETION
I-1 GUARANTEED MAXIMUM PRICE.The initial Guaranteed Maximum Price("GMP")as stated in the
Contract Documents is the maximum amount potentially payable by the City to the CMAR for the construction of
the Work. The CMAR will be reimbursed for the actual cost for the construction including burdens and CMAR's
Fee up to the amount of the GNP. The initial Guaranteed Maximum Price(GMP)for this Project is$1,500,000.00.
I-2 SCHEDULE OF VALUES.Before the first Application for Payment,the CMAR shall submit to the
Project Manager a Schedule of Values of the various portions of the Work,including quantities if required by the
Project Manager,aggregating the total Contract Sum,divided so as to facilitate payments to Subcontractors,
prepared in such form as specified or as the Project Manager and the CMAR may agree upon,and supported by
such data to substantiate its correctness as the Project Manager may require.Each item in the Schedule of Values
shall include its proper share of overhead and profit.The Schedule of Values,when approved by the Architect and
the City,shall be used as a basis for the CMAR's Applications for Payment.
I-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been
completed,the CMAR will make current estimates in writing for review by the Architect of materials in place on a
percentage complete basis 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. The
CMAR fee will be paid over the life of the Project in proportion to the percentage of work complete.
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 City to establish the City's title
to such materials or equipment or otherwise protect the City'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 City 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.
I4 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.
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The issuance of a Certificate for Payment will constitute a representation by the City,based on the Project
Manager'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 b�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 City
that the CMAR be paid in the amount certified.In addition,the Architect's approval of final payment assures the
City 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 City 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,City 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 City 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 City 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 City,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. Costs for damages to other work as defined herein are considered job cost.
I-5 PAYMENTS WITHHELD. The Project Manager may decline to approve an Application for Payment
and may withhold its Certificate in whole or in part if in its opinion it is unable to make the representations to the
City 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 its opinion to protect the City from
loss because of Defective work not remedied;
1) Claims filed or reasonable evidence indicating probable filing of claims;
2) Failure of the CMAR to make payments properly to Subcontractors,or for labor,materials or equipment;
3) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
4) Damage to another contractor
5) Reasonable indication that the Work will not be completed within the Contract Time;or
6) 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 City 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.
I-6 LIOUIDATED 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
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GUINN ELEMENTARY SCHOOL RENOVATION
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$1,000,001 to$2,000,000 $420
$2,000,001 to$5,000,000 $630
$5,000,001 to$1.0,000,000 $840
over$10,000,000 $980
I-7 FAILURE OF PAYMENT If,without fault on the part of the CMAR,the Project Manager 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 City 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 City and to the Architect,stop
the Work until payment of the amount owing has been received.
I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT.Prior to the request for final payment,the
CMAR must meet all provisions for Project closeout.
When the CMAR determines that the Work is substantially complete,the CMAR shall inspect the Project and
prepare a"Preliminary Punch List". Within Seven(7)working days of the preliminary punch list being completed,
the Architect shall issue its punch list.
When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,it
then will prepare a Certificate of Substantial Completion(G704),which shall allow the CMAR to request a
Certificate of Occupancy that will establish the Date of Substantial Completion. The Certificate of Substantial
Completion shall state the responsibilities of the City and the CMAR for maintenance,heat,utilities,and insurance
and the City shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such
surveys and all punchlist items.The CMAR shall complete the remaining work listed therein within 15 calendar
days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 2.5%.
Upon completion of the work listed on the Architects punch list and the items below to the satisfaction of the City
of Fort Worth,the retainage shall be reduced to 0%.
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) CMAR'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 City or its property might in any
way be responsible,have been paid or otherwise satisfied,
2) Consent of Surety to Final Payment(G707),if any,to final payment,
3) CMAR's Affidavit of Release 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 City.
5) CMAR's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor,materialman or laborer refuses to famish a CMAR's Affidavit of Release of Liens,the CMAR
may,at the election of the City,furnish a bond satisfactory to the City to indemnify it against any right,claim or lien
that might be asserted by such Subcontractor,materialman or laborer.If any such right,claim or lien remains
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
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unsatisfied after all payments are made.The CMAR shall refund to the City all monies that the latter may be
compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees.
The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims
by the CMAR except those previously made in writing and still unsettled.
The CMAR's one-year warranty will commence upon final acceptance 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 City.Final payment and release of the retainage amount will become
due within fifteen days following acceptance.
I-9 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of
30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final
Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work.The CMAR shall
designate a responsible member of its organization at the site whose additional 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 its Subcontractors;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 it 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 its 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.
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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.
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 AND SAFETY GLASSES. 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 hardhat and eye protection.The CMAR shall enforce the wearing of hard
hats and safety glasses by CMAR,employees and visitors.CMAR shall provide ten hard hats and safety glasses 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 its
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 its 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 its wastes and rubbish from and about the work area,as well as
its 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 its 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 its Schedule of Values.
SECTION K-INSURANCE
K-1 INSURANCE REQUIRED.The CMAR shall not commence work under this Contract until it 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) CMAR's Worker's Compensation Insurance. CMAR agrees to provide to the City(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 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
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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 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,City-operators,employees of any such entity,or employees of any entity that
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 foodibeverage vendors,
office supply deliveries,and delivery of portable toilets.
3) Requirements
a) The CMAR shall provide coverage,based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code,
Section 401.011(44)for all employees of the CMAR providing services of the Project,for the duration of
the Project.
b) The CMAR must provide a certificate of coverage to the governmental entity prior to being awarded the
Contract.
c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the
Project,the CMAR must,prior to the end of the coverage period,file a new certificate of coverage with the
City showing that coverage has been extended.
d) The CMAR shall obtain from each person providing services on a project,and provide to the City:
i) a certificate of coverage,prior to that person beginning work on the Project,so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing services on
the Project;and
ii) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension
of coverage,if the coverage period shown on the current certificate of coverage ends during the
duration of the Project.
e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year
thereafter.
f) The CMAR shall notify the City in writing by certified mail or personal delivery,within ten(10)days after
the CMAR knew or should have known,of any change that materially affects the provision of coverage of
any person providing services on the Project.
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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 this Section 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,and
shall require any Subcontractor performing work covered by this Contract to procure and maintain such Liability
Insurance as shall protect it and the City of Fort Worth 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,
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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) WORKER'S COMPENSATION INSURANCE
• Statutory limits
• Employer's liability
• $100,000 disease—per each employee
• $500,000 disease—policy limit
• $100,000 each occurrence
2) COMMERCIAL GENERAL LIABILITY INSURANCE
The CMAR shall procure and shall maintain during the life of this Contract,commercial liability insurance coverage
to cover bodily injury,death,and property damage at the following limits: $1,000,000 each occurrence and
$2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall be endorsed accordingly.
• The insurance shall include,but not be limited to,contingent liability for independent
contractors,XCU coverage,and contractual liability.
• Consequential damage due to faulty workmanship performed by the CMAR or its agents shall
be covered
3) BUSINESS AUTOMOBILE LIABILITY
• $1,000,000 each accident on a combined single limit
or
• $250,000 property damage and$500,000 bodily injury per occurrence
The policy shall cover"any auto"used in the course of the project. "Any auto"is defined as autos owned,hired and
non-owned.
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.
Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this
insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE.The CMAR shall provide a certificate of insurance
documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and
noting the specific project(s)covered by the CMAR's insurance as documented on the certificate of insurance.
More than one certificate may be required of the CMAR depending upon the agents an/or insurers for the CMAR's
insurance coverages specified for the Project(s).
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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.
Aggregate limits shall apply to each project.
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.
9) 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) CMAR shall agree to either require its Subcontractors to maintain the same insurance coverages and limits
thereof as specified herein or the CMAR shall provide such coverage on the CMAR's Subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER. The City,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 GNP 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 City 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
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be written and duly negotiated and executed prior to performing changed work.The cost or credit to the City
resulting from a Change Order shall be the actual cost to be incurred or deducted as thecae 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 inscape 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 City for approval.The Architect will attempt to negotiate with CMAR to revise the proposal to a figure which it
deems is fair and reasonable and forward it on to the City for approval.If the negotiations do not result in an
equitable solution,the CIV.tAR will perform the changes on a time and material basis,agreeing with the City on unit
costs for labor/equipment/materials prior to any work being done,signing tickets,and agreeing to all amounts on a
daily basis.
CMAR 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.City,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 City 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,it shall give the Architect&City_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 City,shall be authorized by Change Order.
L-3 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 confirmed as no cost changes by the City
and the CMAR.
L4 FIELD ORDERS. The Architect may issue written field orders that 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 City,it must
be uncovered for observation and replaced,at the CMAR's expense.
If any other work has been covered which the City has not specifically requested to observe prior to being covered,
the Architect or the City 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 City.If such work be found not in accordance with the Plans and Specifications,
the CMAR shall pay such costs.
M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the City as
defective or assailing to conform to the Plans and Specifications whether observed before or after Substantial
Completion and whether or not fabricated,installed or completed.The CMAR shall bear all costs of correcting such
rejected Work,including the cost of the Architect's additional service thereby made necessary. If,within one year
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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 City to do so, unless the City has previously given the CMAR a written acceptance of such condition,
describing same specifically and not generally.The City 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
City.
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 City,the City 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 City 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 City.
If the CMAR fails to correct such defective or non-conforming work,the City 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 it by special guarantees required by the Contract Documents or otherwise prescribed by
law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the City prefers to accept
defective or non-conforming work,it 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 City'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 City,terminate the Contract.
N-2 TERMINATION BY THE CITY. If the CMAR is adjudged as bankrupt,or if it makes a general
assignment for the benefit of its creditors,or if a receiver is appointed on account of its insolvency,or 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 it fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply
with al laws,statutes,City 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 City,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 its 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 it may deem expedient.In such case the CMAR
shall not be entitled to receive any further payment until the Work is finished.
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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 City.
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 attributable to the work not completed and further reduced by the amount of
payments,if,any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in
this paragraph within 30 days after receipt of such claim.
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.
P4 FIELD OFFICES AND SHED.The CMAR shall provide a temporary field office building for himself,
its Subcontractors and use by the Architect and City's representative..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.
The CMAR shall provide and maintain storage sheds,other temporary buildings or trailers on the Project site as
required for its use.Location of sheds and trailers shall be as approved by the City.Remove sheds when work is
completed,or as directed.
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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.
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 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
square 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 that 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) Any damage to drywall or any interior finishes that result from inadequate heating/cooling or inappropriate
humidity shall be corrected by the CMAR at the CMAR's sole expense.
c) Seven days prior to installing any wood finished the buildings shall be properly climatized.
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 its
Subcontractors. The CMAR shall provide,maintain,and remove upon completion of the Work,or sooner,if
authorized by the City,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.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 38 of 47
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 City 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
City,in a prominent place accessible to employees of the CMAR and Subcontractors,and to applicants for
employment.The bulletin board shall remain the property of the CMAR and shall be removed by CMAR upon
completion of the 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.
d. OSHA Injury Log
e. Copy of Bond
SECTION Q
VENUE
If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Contract,
venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for
the Northern District of Texas—Fort Worth Division.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 39 of 47
WEATHER TABLE
Month Average Inches of Snow/I
Days of Rainfall ce
Rain Pellets
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 day's rainfall, 0.01"or more
(2) Average normal precipitation, in inches
(3) Mean number of days 1.0 inch or more
Less than 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32
deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft.
Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is
based on record of 1941-1970 period.
This table is to be used as a basis for calculation of excess rain or weather days for projects with duration
in calendar days. If the site records indicate that the CMAR was unable to carry out operations due to
weather, it is counted as a weather day. If the number of weather days exceeds the number of average
rain days plus the snow/ice-pellet days for a given month, the Contract period will be adjusted by Change
Order. Days following rainfall may be included as conditions may not allow work to take place. These
conditions may be used in the above calculations.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 40 of 47
PROJECT DESIGNATION SIGN
1-1/2"
FORT WORTH,
v
3"
3" Project Title
1-1/2" Contractor:
1/2•
2-1/2" Contractors Name
1-3/4"
1" FUNDED BY
2-1/2 (List Bond Fund, etc)
1-1/2 SCHEDULED COMPLETION DATE
YEAR
t 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.
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 41 of 47
FoFTWOPTH
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$500 per offense.
Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section 1.
Purchasers: City of Fort Worth
Street Address: 1000 Throckmorton
City,State,Zip Code: Fort Worth Texas 76102
S' L
Purc'ing*'ana er
Sample, original to be provided
Date: eontr 1CtO"Fax:e:
This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or
,tax exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
FINANCE DEPARTMENT
PURCHASING DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102
(817)871-8360 * FAX (817)871-8440
Printed on recycled
GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 42 of 47
DAVIS-BACON WAGE RATES
GENERAL DECISION: TX20030061 07/14/2006 TX61
Date:July 14,2006
General Decision Number:TX20030061 07/14/2006
Superseded General Decision Number: TX020061
State:Texas
Construction Type: Building
Counties:Johnson, Parker and Tarrant Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to
and including 4 stories). Use current heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for Paving and Utilities incidental to Building
Construction in remaining Counties.)
Modification Number Publication Date
0 06/13/2003
1 02/13/2004
2 05/21/2004
3 05/28/2004
4 12/24/2004
5 03/04/2005
6 06/10/2005
7 09/23/2005
8 02/24/2006
9 07/14/2006
BRTX0001-007 06/01/2006
Rates Fringes
Bricklayer..................$ 19.00 6.48
-------------------------------------------------------------
CARP 1421-001 05/01/1995
Rates Fringes
Millwright..................$ 16.49 3.92
----------------------------------------------------------
ELECO020-004 06/01/2006
Rates Fringes
Electricians:
Cable Splicer..........$ 24.58 5.32+1.25%
Electrician...............$22.35 5.32+1.25%
------------------------------------------------------------
IRO N0263-001 07/01/2002
Rates Fringes
Ironworker(Structural)....$ 17.44 4.35
------------------------------------------------------------
S FTX0669-001 01/01/2005
Rates Fringes
Sprinkler Fitter, Fire......$22.62 10.50
S UTX1989-001 11/01/1989
Rates Fringes
Acoustical Installer......$ 11.23
Carpenter
(Excluding drywall
hangers,acoustical
installers&batt
insulators).................$ 12.27 2.22
doing drywall hanging only..$ 10.00
CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 44 of 47
Cement Mason.............$ 10.16 .76
Drywall Finisher............$ 11.18 2.21
Glazier.........................$ 11.37 1.31
Laborer(Including Mason
Tenders&Pipelayers).......$ 7.46 1.00
Landscape Laborer............$ 5.15
Mechanical Insulator...........$ 10.92 1.00
Painter, Brush and Spray
(excluding Drywall Finishing)..$ 10.47 2.21
Plasterer......................$ 11.50
Plumbers and Pipefitters
(Including HVAC work)........$ 13.34 2.15
Power equipment operators:
Backhoes....................$ 12.30 1.82
Cranes.......................$ 14.26 2.44
Foundation Drill Operators...$ 8.54
Graders......................$ 11.69 1.80
Roofer(including Built Up,
Composition and Single Ply)....$ 9.50 .99
Sheet metal worker(Including
HVAC Duct Work)................$ 12.63 2.10
WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental.
WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 45 of 47
• ti
P
Unlisted classifications needed for work not included within the scope of the classifications listed may be
added after award only as provided in the labor standards contract clauses
(29CFR 5.5(a) (1)(ii)).
------------------------------------------------------------
In the listing above,the"SU"designation means that rates listed under the identifier do not reflect
collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates
have been determined to be prevailing.
--------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter?This can be:
• an existing published wage determination
• a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on
a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact,including requests for summaries of surveys,should be with the
Wage and Hour Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response
from this initial contact is not satisfactory,then the process described in 2.)and 3.)should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should
be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 46 of 47
r
i
P
P
2.) If the answer to the question in 1.)is yes,then an interested Party(those affected by the action)can
request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29
CFR Part 7).Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested Party's position and by any
information (wage payment data, project description,area practice material,etc.)that the requestor
considers relevant to the issue.
3.)If the decision of the Administrator is not favorable,an interested Party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.)All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
----------------------------------------------------------------
END OF GENERAL DECISION
CONSTRUCTION MANAGER AT RISK CONTRACT
GUINN ELEMENTARY SCHOOL RENOVATION
Page 47 of 47
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006 - Ordinance No. 17116-08-2006
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, August 15, 2006
LOG NAME: 20GUINNE3/BYRNE REFERENCE NO.: C-21618
SUBJECT:
Adopt Appropriation Ordinance and Authorize Execution of Construction Manager at Risk Contract
with E3 Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the Guinn
Elementary School Renovation
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a non-interest bearing loan from the General Fund to the Grants Fund in the amount of
$800,000.00 for interim financing for the Guinn School Campus Renovation Grant with the University of
North Texas—Health Science Center (UNT-HSC);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $800,000.00; and
3. Authorize the City Manager to execute a Construction Manager at Risk (CMAR) contract with E3
Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn
Elementary School, located at 1-35 South and Rosedale Street, in the amount of$1,500,000.00.
DISCUSSION:
Built in 1927, the Guinn Elementary School is the only remaining building (of three) on the historic Guinn
School campus that has not been renovated. The elementary school is the oldest and smallest of the
existing buildings and is the most representative in architectural character of the original 1917 structure.
The Guinn Middle School was renovated as the permanent home of the Fort Worth Business Assistance
Center (BAC) in 2001. The Guinn Gymnasium Facility was renovated as TECH Fort Worth, a technology
business incubator, in 2004.
The return to public use of the two buildings has been an unqualified success. The training workshops are
booked over capacity in the conference rooms of both buildings. In order to continue to expand the
training offered to potential entrepreneurs, the BAC and TECH Fort Worth need more meeting space. The
renovation of the elementary school will provide room for more and larger classrooms for business
education seminars, skills development workshops, and computer training classes.
On August 23, 2005, (M&C C-20919) the City Council adopted an ordinance and authorized the City
Manager to execute an agreement with the University of North Texas Health Science Center (UNT HSC) to
accept a grant from the State of Texas for Guinn Elementary School Renovation and Tech Fort Worth
Programming Fund.
i
Logname: 20GUINNE3/BYRNE Pagel of 3
. r
The City received $800,000 for construction from the State (through LINT HSC) on September 1, 2005 and
expects to receive the next $800,000 for construction from the State (through LINT HSC) on September 1,
2006. The first $800,000 must be obligated via a contract award by August 31, 2006, or it will be
forfeited. If the next $800,000 disbursement is not received, this project will be cancelled.
On May 3, 2005, (M&C G-14775) the City Coucil approved application, acceptance and the required match
of $75,000 for a grant from the U. S. Economic Development Administration (EDA). The City received
notice on May 25, 2006, of the grant award of $375,000 for design and construction of the Guinn
Elementary School.
Based on the State funds, EDA grants and City match discussed above, the City will have the required
funding for the project as indicated in the estimated overall cost below.
On March 31, 2006, a Request for Proposals (RFP) was issued for a Construction Manager at Risk
(CMAR) firm to participate in the design process and lead the construction process to renovate the Guinn
Elementary School. Three firms submitted proposals and the selection process resulted in the
identification of E3/Byrne, as the best qualified firm. Approval of this M&C will grant authorization to award
a $1,500,000 CMAR contract to E3/Byrne for this project. The CMAR will work with the City's design
architect to ensure the cost of the renovation does not exceed $1,500,000.
The firm of Komatsu/Rangel, Inc., DBA Komatsu Architecture, was selected to be the designer for this
project based on its vast experience with the adaptive re-use of historic structures and its outstanding
performance as the design architect for the adaptive re-use of the other two buildings at the Guinn School
campus. The three buildings on the campus comprise the City's Business Assistance Center.
The estimated overall cost of the project is:
Design $176,000.00
Construction $1,500,000.00
Contingency, FF&E, staff administration $374,000.00
$2,050,000.00
E3/Byrne is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE
participation. The City's goal for this project is 27%.
The project is physically located in COUNCIL DISTRICT 8, but will serve Fort Worth residents in all Council
Districts.
The completion of the renovation will add 9,880 square feet to the City's facility inventory and add
approximately $5,000 per year in the facility maintenance and repair requirements.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget of the Grants
Fund. Upon receipt of payment from the UNT-HSC, interim funding will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Logname: 20GUINNE3/BYRNE Page 2 of 3
1) GR76 220001 000452046000 $800,000.00 1) 0001 136076 0000000 $800000.00
2) GR76 451954 017452046000 $80Q 000.00 3) GR76 541200 017452046010 $1 500 000.00
2) GR76 541200 017452046010 $800,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
Logname: 20GUINNE3/BYRNE Page 3 of 3
.r
Ordinance No.
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $800,000,
SUBJECT TO RECEIPT OF THE GUINN SCHOOL CAMPUS RENOVATION
GRANT FROM THE UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
CENTER, FOR THE PURPOSE OF EXECUTING A CONSTRUCTION
MANAGER AT RISK CONTRACT WITH E3 CONTRACT CONSULTANTS, INC.
/THOMAS S. BYRNE, LTD. (E3/BYRNE), A JOINT VENTURE, FOR THE
RENOVATION OF THE GUINN ELEMENTARY SCHOOL LOCATED AT 1-35
SOUTH AND ROSEDALE STREET; AND PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES
IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2005-
2006 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Grants Fund in the amount of$800,000, subject to receipt of the Guinn School
Campus Renovation grant from the University of North Texas Health Science Center, for the
purpose of executing a Construction Manager At Risk contract with E3 Contract Consultants, Inc.
/Thomas S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn Elementary
School located at 135 South and Rosedale Street.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE:
b
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/22/2006 - Ordinance No. 17116-08-2006
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, August 15, 2006
LOG NAME: 2000INNE3/BYRNE REFERENCE NO.: C-21618
SUBJECT:
Adopt Appropriation Ordinance and Authorize Execution of Construction Manager at Risk Contract
with E3 Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the Guinn
Elementary School Renovation
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a non-interest bearing loan from the General Fund to the Grants Fund in the amount of
$800,000.00 for interim financing for the Guinn School Campus Renovation Grant with the University of
North Texas—Health Science Center (UNT-HSC);
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $800,000.00; and
3. Authorize the City Manager to execute a Construction Manager at Risk (CMAR) contract with E3
Contract Consultants, Inc./Thos. S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn
Elementary School, located at 1-35 South and Rosedale Street, in the amount of$1,500,000.00.
DISCUSSION:
Built in 1927, the Guinn Elementary School is the only remaining building (of three) on the historic Guinn
School campus that has not been renovated. The elementary school is the oldest and smallest of the
existing buildings and is the most representative in architectural character of the original 1917 structure.
The Guinn Middle School was renovated as the permanent home of the Fort Worth Business Assistance
Center (BAC) in 2001. The Guinn Gymnasium Facility was renovated as TECH Fort Worth, a technology
business incubator, in 2004.
The return to public use of the two buildings has been an unqualified success. The training workshops are
booked over capacity in the conference rooms of both buildings. In order to continue to expand the
training offered to potential entrepreneurs, the BAC and TECH Fort Worth need more meeting space. The
renovation of the elementary school will provide room for more and larger classrooms for business
education seminars, skills development workshops, and computer training classes.
On August 23, 2005, (M&C C-20919) the City Council adopted an ordinance and authorized the City
Manager to execute an agreement with the University of North Texas Health Science Center (UNT HSC) to
accept a grant from the State of Texas for Guinn Elementary School Renovation and Tech Fort Worth
Programming Fund.
Logname: 20GUINNE3/BYRNE Page 1 of 3
The City received $800,000 for construction from the State (through LINT HSC) on September 1, 2005 and
expects to receive the next $800,000 for construction from the State (through LINT HSC) on September 1,
2006. The first $800,000 must be obligated via a contract award by August 31, 2006, or it will be
forfeited. If the next $800,000 disbursement is not received, this project will be cancelled.
On May 3, 2005, (M&C G-14775) the City Coucil approved application, acceptance and the required match
of $75,000 for a grant from the U. S. Economic Development Administration (EDA). The City received
notice on May 25, 2006, of the grant award of $375,000 for design and construction of the Guinn
Elementary School.
Based on the State funds, EDA grants and City match discussed above, the City will have the required
funding for the project as indicated in the estimated overall cost below.
On March 31, 2006, a Request for Proposals (RFP) was issued for a Construction Manager at Risk
(CMAR) firm to participate in the design process and lead the construction process to renovate the Guinn
Elementary School. Three firms submitted proposals and the selection process resulted in the
identification of E3/Byrne, as the best qualified firm. Approval of this M&C will grant authorization to award
a $1,500,000 CMAR contract to E3/Byrne for this project. The CMAR will work with the City's design
architect to ensure the cost of the renovation does not exceed $1,500,000.
The firm of Komatsu/Rangel, Inc., DBA Komatsu Architecture, was selected to be the designer for this
project based on its vast experience with the adaptive re-use of historic structures and its outstanding
performance as the design architect for the adaptive re-use of the other two buildings at the Guinn School
campus. The three buildings on the campus comprise the City's Business Assistance Center.
The estimated overall cost of the project is:
Design $176,000.00
Construction $1,500,000.00
Contingency, FF&E, staff administration $374,000.00
$2,050,000.00
E3/Byrne is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE
participation. The City's goal for this project is 27%.
The project is physically located in COUNCIL DISTRICT 8, but will serve Fort Worth residents in all Council
Districts.
The completion of the renovation will add 9,880 square feet to the City's facility inventory and add
approximately $5,000 per year in the facility maintenance and repair requirements.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget of the Grants
Fund. Upon receipt of payment from the UNT-HSC, interim funding will be returned to the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
Logname: 20GUINNE3/BYRNE Page 2 of 3
11) GR76 220001 000452045000 $800,000.00 1)0001 136076 0000000 $800,000.00
2) GR76 451954 017452046000 $800,000.00 3)GR76 541200 017452046010 $1,500,000.00
2) GR76 541200 017452046010 $800,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
Loaname: 20GUINNE3/BYRNE Page 3 of 3
Ordinance No.
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $800,000,
SUBJECT TO RECEIPT OF THE GUINN SCHOOL CAMPUS RENOVATION
GRANT FROM THE UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE
CENTER, FOR THE PURPOSE OF EXECUTING A CONSTRUCTION
MANAGER AT RISK CONTRACT WITH E3 CONTRACT CONSULTANTS, INC.
/THOMAS S. BYRNE, LTD. (E3/BYRNE), A JOINT VENTURE, FOR THE
RENOVATION OF THE GUINN ELEMENTARY SCHOOL LOCATED AT 1-35
SOUTH AND ROSEDALE STREET; AND PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES
IN CONFLICT HEREWITH;AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2005-
2006 and in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the Grants Fund in the amount of$800,000, subject to receipt of the Guinn School
Campus Renovation grant from the University of North Texas Health Science Center, for the
purpose of executing a Construction Manager At Risk contract with E3 Contract Consultants, Inc.
/Thomas S. Byrne, Ltd. (E3/Byrne), a Joint Venture, for the renovation of the Guinn Elementary
School located at 135 South and Rosedale Street.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 16582 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: