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HomeMy WebLinkAboutContract 52651 h61 a 910 r r'?,o o p N � o`�' �. 93 CITY SECRETARY CONTRACT NO. DI E5 Co Of FORT WORTHR. AGREEMENT for CONSTRUCTION MANAGER-AT-RISK FOR THE CITY OF FORT WORTH, TEXAS ALLIANCE PARK PHASE I & II IMPROVEMENTS CITY PROJECT NO. 100333 & 1,01630 Prepared for: Betsy Price Mayor David Cooke City Manager David Creek Acting Director, Park & Recreation Department Prepared by: The City of Fort Worth Park & Recreation Department 2019 OFFICIAL RECORD CITY SECRETARY Table of Contents Mayor and Council Communication Agreement for Construction Manager-At-Risk Attachment A-- City Request for Proposal Attachment B — Contractor's Proposal Attachment C — Standard General Conditions for a CHAR Agreement Attachment ® — Surety Bonds Mayor and Council Communication City of ror i Worth, Texas Mayor and Council Communication COUNCIL ACTION. Approved on 511 41 019 DATE: Tuesday, May 14, 2019 REFERENCE NO.: **C-29125 LOG NAME: 80ALLIANCE PARK I & II - CMAR CONTRACT SUBJECT: Authorize Execution of a Construction Manager at Risk Agreement with The Fain Group, Inc., for the Alliance Park Phase I & 11 Project with a Preconstruction Phase Services Fee in the Amount of$25,000.00 and a Construction Phase Services Fee of Seven Percent(7%) of the Guaranteed Maximum Price within a Project Construction Budget of$5,000,000.00. (2014 Bond Program) (2018 Bond Program) (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a Construction Manager at Risk(CMAR) Agreement with The Fain Group, Inc., for the Alliance Park Phase I & II Project with a preconstruction phase services fee in the amount of$25,000.00 and a construction phase services fee of seven percent (7%) of the Guaranteed Maximum Price (GMP) within a project construction budget of$5,000,000.00. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a CMAR agreement with The Fain Group, Inc., for the Alliance Park Phase I & 11 Project with a preconstruction phasE services fee in the amount of$25,000.00 and a construction phase services fee of 7% of the GMP within a project construction budget of$5,000,000.00. The total overall project budget is $7,310,000.00 which will include the City's contingency, land acquisition, project administration, inspection, testing, utility connections, design and construction. The project scope includes the installation of soccer fields, underground utilities, vehicular and pedestrian pavement, a playground and park amenities. The project is being funded through the City's 2014 Bond Program, 2018 Bond Program, Park Dedication Fees Fund, PARD Gas Lease Capital Project Funds, and Texas Parks and Wildlife Grants. The budget will cover all costs associated with constructing infrastructure required to support the project. Design Services: On March 20, 2018 (M&C C-28635), the City Council authorized a Standard Agreement for Engineering Services with Freese and Nichols, Inc. (FNI), in the amount of$623,793.00 to develop design and construction documents for the improvements of Alliance Park Phase I & 11. Due to factors of budget and grant schedules, City staff determined that utilizing a CMAR method of project delivery would best assist the progression of the project. By engaging a CMAR early in the project schedule the overall project delivery time can be reduced. CMAR Selection: A Request for Proposals for a CMAR was advertised in the Fort Worth Star-Telegram on October 11 and 18, 2018. A pre-proposal meeting and site tour was held October 25, 2018. The City received 3 proposals on December 6, 2018 from the contractors listed below: Logname: 80ALLIANCE PARK 111 - CMAR CONTRACT Page I of 3 •AUl Partners, LLC • The Fain Group, Inc. • Thalle Construction Company, Inc. A selection team, comprised of representatives of the Park& Recreation Department and the Transportation and Public Works Department reviewed and scored the submittals. The selection team reviewed the proposers' (a) corporate experience &financial stability, (b) pre-construction services fee, (c) qualifications and experience of key personnel, (d) pre-construction services approach, (e) construction services approach, (f) QA/QC and safety plan approach, (g) cost and schedule controls, (h) compliance with Business Diversity Enterprise Ordinance, and (i) special consideration for successful CMAR services contracts. The individual scores were averaged for the final scores listed in the following table. __._.__.__._._ Proposers Evaluation Factors _._a . b._( .. _..__._.__d . .. ._ __�._f_._. . _9 h_..r._I- Totals Rank iThe Fain Group, Inc. 94 98 96 68 62 20 ( 65 25 1 49 57" 1 AUI Partners, LLC 82 86 1 101 ( 71 72 .24 160.5 25 �40 561.5 2 w._.... _ Thalle Construction Company, Inc. 88 50 7$._..w.C47.5 62 15 35 r25 �`30 430.5 3 Staff recommends that the City Council authorize execution of a CMAR Construction Contract with The Fair Group, Inc., for development and construction of Alliance Park I & It. This project is being funded by 2014 CIP Partnership Funds, Park Dedication Fees Funds, a 2016 Texas Parks and Wildlife Grant, PARD Gas Lease Funds, 201.8 Bond Program, and a 2018 Texas Park and Wildlife Grant as shown in the following table: Fund M&C Amount 2014 CIP Partnership Funds Park Dedication Fees Funds _ G-18721 $1,250,000.00 2016 TPWDmUrban`Outdoor Recreation Grant ------ tiG-19203 $1,000,000.00 PARD Gas L ea se Capital Proje cts nd Fu G-18848 $60,000.00 01 8 on 018 BWd Program - $3,000,000.00 2 TPD Urban Outdoor Recreation Grant ; _ mm G-1 9365 - _ $1,oao,000.00 �TGTALmFUNDING —---- ------ $7,370,008,00 A portion of this project will include 2014 Bond Funds. Available resources within the General Fund will be used to provide interim financing for the 2014 Bond Program expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse which was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and subsequent ordinances authorizing the issuance of the debt. A portion of this project will include 2018 Bond Funds. Available resources within the General Fund will be used to provide interim financing for expenditures incurred on projects within the 2018 Bond Program until debt is issued. Once debt associated with these projects is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance approving the bond election and authorizing the appropriation of funds. Schedule— Pre-Construction services will commence upon award of this contract and issuance of a Notice Logname: 80ALLIANCE PARK I It - CMAR CONTRACT Page 2 of to Proceed. Construction services for Alliance Park Phases 1 & II will begin early summer 2019. Both phases are projected to be completed by July 2021. Fees— Because this work will be performed by a City contractor, occur on City property and be owned by the City, general construction permit fees are waived and Building Permit Fees are waived in accordance with the City' s Code of Ordinances, Chapter 7, Article I, Section 7-1 Building Administrative Code, Section 109.2.1, Building Permit Fees, Exception 2. MMBE Office—The Fain Group, Inc. is in compliance with the City's BDE Ordinance by committing to 150/ MBE participation on Phases I and II of this CMAR project. The City's MBE goal on this CMAR project is 15%. The annual maintenance cost for this project of$397,525.00 beginning fiscal year 2022. Alliance Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations funds are available in the current capital project as appropriated in the Park Dedication Fees Funds, 2014 &2018 Bond Program, Texas Park and Wildlife Grants, and PARD Gas Lease Funds. .FUND IDENTIFIERS (FIDs): TO --- ------ - --- - HF -Department Accoun Project Program ctivity Budget Reference # moon I® I ID Year Chartfield 2 , FROM Fund Department =`Accoun Project Program ctivity Budget Reference # , moue ID lD Year Chartfield 2 _-------_._._.__T------_------ ____..--------------------- ------- .�._._._.__ w..w ._ . .. _..._...._ _. CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Richard Zavala (5704) ATTACHMENTS 1. 80ALLIANCE PARK I and II - CMAR CONTRACT FIDS.ydf (CFW Internal) 2. Alliance I and II - Fain Group Inc- Form 1295- 2019-464566 Redacted.ndf (Public) 3. Alliance I and 11 - MandC- CMAR- MBE Compliance Memo- 03222019.pd# (CFW Internal) 4. Alliance I and 11 - MandC- Location Map- 04182019.pdf (Public) 5. Alliance I and II - MandC-Sam Registration- 04022019.0f (CFW Internal) Logname: 80ALLIANCE PARK III - CMAR CONTRACT Page 3 of 3 Agreement for Construction Manager-At-Risk AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK PRE-CONSTRUCTION AND CONSTRUCTION SERVICES for CITY OF FORT WORTH ALLIANCE PARK PHASE I & II IMPROVEMENTS PROJECT NO. 100333/101630 THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES which INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between the City of Fort Worth, a Texas municipality, ("City") and The Fain Group, Inc., a legal entity existing under the laws of the State of Texas, ("CMAR"). City and CMAR may be referred to herein as a "Party" or the"Parties". WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which consist of Pre-Construction Phase Services and Construction Phase Services for the Alliance Park Phase 1& 11 Improvements, CPN 1003331101630 (the "Project"); and WHEREAS, City has engaged the services of Freese and Nichols, Inc. ("Engineer"), to prepare the design and construction documents for the Project; and WHEREAS, CMAR was selected by City through a competitive procurement process, possesses the experience, knowledge and technical resources to provide such services related to the design, permitting, construction and construction management of the Project; and WHEREAS, CMAR is willing and able to undertake and provide the services and to be responsible for the overall completion of the Project, as described on Attachment A— CMAR RFP, within a project budget of$5,000,000.00, upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in Attachment A and as further set forth in the written proposal to City from CMAR, dated the 61 day of December, 2018, attached hereto as Attachment R — CMAR PROPOSAL; and WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase contracts with its primary contractors, to which CMAR awards contracts and subcontractors(s), the City's Standard General Conditions for a CMAR Agreement ("General Conditions"), attached hereto as Attachment C —CMAR GENERAL CONDITIONS; and WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated with those capitalized/defined terms as found in the General Conditions. Conflicting definitions shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by City for the services to be rendered by CMAR, and the covenants and promises to be carried out by each Party, the City and CMAR hereby agree to perform the services described herein upon the terms City of Fort Worth CMAR Agreement-Alliance Park Phase I & II CPN - 100333/101630 Page 1 of 13 and conditions set forth herein and any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 —SERVICES A. CMAR agrees to furnish all Pre-construction Phase Services, as described in Attachments A and B. B. The Pre-Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and terminate upon conclusion of Guaranteed Maximum Price negotiations. CMAR may initiate early works packages in advance of the Construction Phase, such as for grading and/or utility relocations, prior to final development of the GMP. Costs of early works packages shall be included in the GMP. C. The Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR. CMAR agrees to furnish all Construction Phase Services, as described in Attachments A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. 1. CMAR agrees to timely commence construction to substantially complete the Work within the Contract Time, subject to Article 6— Project Time and Liquidated Damages. 2. CMAR shall perform all Work in accordance with the requirements of the Construction Documents. CMAR shall at all times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. CMAR shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents. CMAR shall be responsible for the proper performance of the work, including all work performed by its subcontractors, and any acts and omissions in connection with such performance. D. CMAR shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow CMAR to perform the Work. CMAR shall present documentation of temporary construction easements or other permissions at the time the GMP is submitted to City. E. CMAR warrants to City that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The CMAR also warrants to City that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. ARTICLE 2 --COMPENSATION A. The City shall compensate CMAR for providing the Pre-Construction Phase Services for the Pre-Construction Services Fee of$25,000.00 as further described in Attachment B ("Pre- Construction Phase Fee"). City of Fort Worth CMAR Agreement-Alliance Park Phase I & 11 CPN - 100333/101630 Page 2 of 13 B. The City shall compensate CMAR for providing the Construction Phase services for the Construction Services Fee of 7.0 % of the GMP as further described on Attachment B ("Construction Phase Fee"). These fees are collectively known as the CMAR Fee as so defined in the General Conditions. C. Notwithstanding Article 1, Paragraph C., above, or Paragraph B. of this Article, City may, by giving written notice at any time before the end of the Pre-Construction Services Phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the City's reasonable estimation, exceeds or would exceed the City's Estimated Construction Budget. In such event, CMAR shall be paid for Work performed up to the date of termination in accordance with this Agreement. D. CMAR Contingency - CMAR's GMP shall include a Contingency of $ for CMAR's exclusive use, with City's written approval, which approval shall not be unreasonably withheld, to cover those costs considered reimbursable as a Cost of Work but not included in a Change Order. Any unspent contingency funds shall be shared on a basis between CMAR and City. E. Savings — In the event the final Cost of Work, inclusive of the CMAR Fee, is less than the GMP, as may be adjusted by Change Orders, 50% of the resulting savings will be paid to the CMAR as a performance incentive. F. Schedule Incentives to promote performance results by contractors may be established by CMAR for the Construction Phase. During development of the GMP, CMAR and City may determine an allowance amount, which will be a part of the GMP, to be used for schedule incentives. Any of these funds which remain unspent shall be returned to City. ARTICLE 3 — PAYMENT Payment by City to CMAR is to be made as follows: A. CMAR shall submit monthly an Application for Payment for Pre-Construction Phase Services describing the work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions. B. CMAR shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions, less 5%withheld as retainage per pay application. No retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs (a/k/a Costs of the Work as defined in the General Conditions). CMAR's Construction Services Fee and General Conditions costs shall each be shown as a line item in the Application for Payment. ARTICLE 4—GUARANTEED MAXIMUM PRICE A. The Guaranteed Maximum Price proposal for Construction of the Project shall be presented to the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise mutually agreed. B. Elements to be considered in the GMP include but are not limited to: 1. CMAR's Fee (for Construction Services) City of Fort Worth CMAR Agreement-Alliance Park Phase I & II CPI - 100333/101630 Page 3 of 13 2. Other Fees as may be presented in Attachments A or B. 3. General Conditions Costs Note: General Conditions Costs shall be excluded from the CMAR's Fee calculation. 4. Unit Price and Subcontract Costs (Open Book) 5, Contingency Amounts for CMAR's use 6. Allocation Allowance, if any, which is part of the GMP but is for use by the City only with any remaining Allocation Allowance to be returned to the City C. After submission of the GMP proposal, CMAR and City shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. D. When established and accepted by City in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. E. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the Project may proceed. ARTICLE 5 -- CHANGES IN THE WORK The City, during either phase of services and without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a Change Order. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES Project Time shall not be longer than as indicated in Attachment A except as modified by CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR and presented to City. CMAR will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by City. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless causes beyond the CMAR's control delay final completion, the CMAR shall achieve final completion of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial loss if the Work is not completed within the Project Time plus any mutually agreed extension thereof. The CMAR recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time and, instead of requiring any such proof, CMAR agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $650.00 for each day that expires after the expiration of the Project Time until such time as Substantial Completion of the Project is issued by the City in writing. ARTICLE 7 — MBE/SBE The CMAR must meet, and hereby commits to meet, an SBE participation goal of 0% for the Pre-Construction Phase Services for this Project. CMAR must meet, and hereby commits to meet, the MBE goal of 16% during construction phase services to meet a minimum qualification for self-performing any or all of the construction phase services. City of Fort Worth CMAR Agreement-Alliance Park Phase I & II CPN - 100333/101630 Page 4 of 13 ARTICLE 8 - GENERAL TERMS A. PROFESSIONAL STANDARDS. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The CMAR shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, pre-construction, construction and other services and materials furnished under this Agreement. B. MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. City shall, throughout the performance of the Construction Work, cooperate with CMAR and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with CMAR'S timely and efficient performance of its obligations under the Contract Documents. The City shall cooperate and provide reasonable assistance to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's responsibility to obtain. C. GENERAL CONDITIONS, Attachment C contains the City's General Conditions applicable to this Project. CMAR is expected to have reviewed and hereby agrees to comply with said General Conditions, including providing a copy to any contractors or subcontractors, as applicable. D. PROJECT PROGRESS. CMAR's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written consent of the City. CMAR may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the City in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of City. F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of CMAR), now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the City. CMAR acknowledges responsibility for all federal, state, and local requirements for employers that apply to CMAR. G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the City and CMAR and not for the benefit of any third party. The City and CMAR agree that there are no third-party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondeaf superior shall not apply. H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, documents, and other work products of the CMAR whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is City of Fort Worth CMAR Agreement-Afliance Park Phase I & II CPN - 100333/101630 Page 5 of 13 completed or not. Reuse, change, or alteration by City or by others acting through or on behalf of City of any such instruments of service without the written permission of the CMAR will be at the City's sole risk. The City shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force insurance as described in Article 5 of the General Conditions. J. TERMINATION. This Agreement maybe terminated as provided for by Article 2, Section C of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of CMAR's experience and qualifications and represent CMAR's best judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ AND UNDERSTANDS THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. SURETY BONDS. The CMAR shall furnish the required performance, payment and maintenance bonds as described in Article 5 of the General Conditions. N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments. O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring services of CMAR in providing expert testimony on behalf of the City in connection with the Project, except suits or claims by a third party against the City arising out of alleged errors or omissions of Design Engineer or CMAR, the City shall provide additional compensation to CMAR based on actual cost. P. NO CAUSE OF ACTION AGAINST ENGINEER. CMAR, its subcontractors and equipment and materials suppliers on the Project or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. City of Fort Worth CMAR Agreement-Alliance Park Phase I & II CPN - 100333/101630 Page 6 of 13 ARTICLE 9 — THE CITY'S RESPONSIBILITIES The City shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement for Pre-Construction Services. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to CMAR's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by CMAR consistent with City's normal business practices. C. Secure and execute all necessary permanent easements and agreements with adjacent land or property owners that are necessary for the Project. City is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. City is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. ARTICLE 10—AMENDMENTS This Agreement may only be amended in writing, agreed to by both Parties ARTICLE 11 - EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the City and CMAR with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations or agreements, either written or oral contracts between City and CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of City and CMAR and their respective successors and assigns. ARTICLE 12— GOVERNING LAIN &JURISDICTION Except as provided for in the General Conditions, Paragraph 6.08, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. CMAR hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. ARTICLE 13 —SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either CMAR or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. City of Fort Worth CMAR Agreement-Alliance Park Phase I & 11 CPN - 100333/101630 Page 7 of 13 ARTICLE 14—WAIVER The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. ARTICLE 15—CONFLICT IN TERMS In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. ARTICLE 16 - HEADINGS The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. ARTICLE 17 - NOTICE All notices required herein shall be addressed to City as follows: Bryan Lyness City of Fort Worth Park & Recreation Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 817-392-5728 bryan.lyness -_fortworthtexas.gov with copy to: Insert recipients as appropriate All notices to CMAR shall be addressed as follows: Larry Frazier The Fain Group, Inc. PO Box 164308 Fort Worth, TX 76161 817-927-4388 Ifrazier(aD-faingp.com ARTICLE 18 — PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if CMAR nas 10 or more full time-empioyees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Clii'IAR certifies City of Fort Worth CMAR Agreement-Alliance Park Phase 1 & 11 CPN - 100333/101630 Page 8 of 13 that CMAR's representative's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, CMAR: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. ARTICLE 19 -- IMMIGRATION NATIONALITY ACT CMAR shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, CMAR shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CMAR shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CMAR employee who is not legally eligible to perform such services. CMAR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CMAR, CMAR's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CMAR, shall have the right to immediately terminate this Agreement for violations of this provision by CMAR. ARTICLE 19—AUTHORITY TO SIGN CMAR shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the CMAR. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLAND. SIGNATURE PAGE AND ATTACHMENTS1EXHIHITS TO FOLLOW City of Fort Worth CMAR Agreement-Alliance Park Phase I & 11 CPN - 1 00333/1 01 630 Page 9 of 13 ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager("Effective Date"). BY: BY: CITY OF FORT WORTH CMAR The a Group, Inc. Fernando Costa Lar Fr ier Assistant City Manager Pr ide Date: Date: APPROVAL ECO ND BY: David Ofeek Acting Director, Park& Recreation Dept. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring a" �rFormance and reporting requireme ryan ness, R L ndscape Architec Project Manager Park GFOaatien• ept. APPROVED AS TO FORM AND LEGALITY: Doug as W. Black Senior Assistant Cit Attorrfe �- ATT ' `e arm 1295: 2019-464566 Ma . Kays City Secretary LJ %;tf" 4.M&C No.: C-29125 M&C Date: May 14, 2019 OFFMAL RECORD City of Fort Worth C67Y SECRETARY CMAR Agreement-Alliance Park Phase I & li FT- WORTHP TX CPN - 100333/101630 Page 10 of 13 ATTACHMENT A Pre-Construction and Construction Services Scope of Work (City's RFP) City of Fort worth CMAR Agreement-Alliance Park Phase I & II CPN - 100333/101630 Page 11 of 13 REQUEST FOR PROPOSAL CONSTRUCTION MANAGER-AT-RISK Alliance Park Phase I & 11 Improvements City of Fort Worth, Project No. 1003331101630 FORTWORTH. 4* City of Fort Worth Mayor Betsy Price City Manager David Cooke Paris & Recreation Department Director Richard Zavala November 7, 2018 City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 1 of 50 CMAR RFP—One Step Table of Contents Introduction Section1: Definitions...............................................................................................................4 Section 2: Description of Project............................................................................................7 Section 3: Business Diversity Enterprise ..............................................................................9 Section 4: CMAR Services..................................................................................... ...11 Section 5: Procedural Requirements Request for Proposals ............................................15 Section 6: Content of Proposal and Evaluation Criteria .....................................................18 Section 7: Award and Execution of Contract.......................................................................23 Section 8: Bonds and Insurance Requirements ..................................................................23 Section 9: Miscellaneous ......................................................................................................24 Section 10: Proposed Schedule............................................................................................24 Maps and Exhibits: Map1 Project Location........................................................................................................25 Map2 - Master Plan................................................................................................................26 Map 3 - Phase Plan.......................................................................................... ..27 ..................... Exhibit A - Proposal Affidavit................................................................................................28 Exhibit B - Statement of Experience.....................................................................................29 Exhibit C - Proposed Project Key Personnel .......................................................................35 Exhibit D - Exceptions to Agreement....................................................................................39 Exhibit E - Conflict of Interest Questionnaire ......................................................................40 Exhibit F - Client Reference Form.........................................................................................41 Exhibit G - Bond and Insurance Requirements ...................................................................43 Exhibit H - Safety History Table ............................................................................................44 Exhibit I - Construction Budget and Fee Proposals............................................................45 Exhibit J - Evaluation Criteria................................................................................................46 Exhibit K - Prevailing Wages.................................................................................................48 Attachments: Attachment 1 - General Conditions for CMAR Project........................................................49 Attachment 2 - Construction Manager-At-Risk Agreement ................................................50 City of Fork Worth--Alliance Park Phase I & II Improvements Page 2 of 50 CMAR RFP--One Step INTRODUCTION The City of Fort Worth, Texas desires to select a Construction Manager-At-Risk (CMAR) to provide pre-construction and construction services for parr facility elements for the Alliance Park Phase I & If Improvements project, to be completed no later than January 30t", 2021. The selection will be a one-step process. The City will select the Proposer (as defined herein) which provides the best value for the City based on the criteria outlined herein, and the Proposer's proven application of: project delivery techniques, approaches and relevant experience that results in the following value statements for the Project and City: Reduction in overall delivery timeline (project schedule) ® Increased and/or enhanced functionality resulting from phasing and sequencing of project delivery Cost-savings and/or cost-avoidance identified during the pre-construction design review phase Reduced risk resulting from early engagement of the CMAR to optimize project delivery in collaboration with City's design engineer CMAR experience is desired and will be recognized in two ways: 1. As alternative delivery methods on CMAR or non-CMAR projects, whereby the Proposer can demonstrate relevant experience, results, and benefits to the Project and Owner. 2. As value driven delivery techniques on CMAR or non-CMAR projects, whereby the Proposer can demonstrate relevant experience, results, and benefits to the Project and Owner. City of Fort Worth—Alliance Park Phase I & II Improvements Page 3 of 50 CMAR RFP—One Step Section 1: Definitions In this Request for Proposals (unless otherwise defined herein or in the General Conditions): Additional Cost Savings means the total amount of City funding up unto the total amount of GMP that is saved during the construction phase City means the City of Fort Worth, Texas. CMAR means Construction Manager-At-Risk, the entity or person with which the City will contract to provide the Construction Manager-At-Risk Pre-Construction Phase Services and Construction Phase Services under a single Contract. Construction Phase Services means the Construction Phase services for the Project as more fully described in this RFP Section 4.13, and will be detailed in the Contract. Construction Phase Services Fee means the fee sought by the Proposer for fulfilling the General Conditions (generally to include profit, general overhead and other costs associated with supporting the Work) presented as a percentage of the GMP. Contract means the Construction Manager-At-Risk Agreement for Pre-Construction Phase services and Construction Phase Services included in draft form as Attachment 'I and as may be revised by the successful Proposer and City during the contract negotiation period. Design ;Engineer means Freese and Nichols, Inc., the firm with which the City has contracted to design the Alliance Park Phase I & II Improvements project. Estimated Construction Budget means the amount of$5,000,000.00, which shall include the CMAR's Pre-Construction Services Fee, CMAR's Construction Phase Services Fee and CMAR's contingency amount but does not include Owner's contingency amount or costs for design such as: the Design Engineer's Fees, costs of land or right-of-way, or any other costs that are the City's direct responsibility. Final Completion means the date upon which the Owner accepts the Project as delivered by the CMAR including completion of all punch-list items. General Conditions mean those governing documents issued by City which establish definitions, terms and procedures for performance of the Project (Attachment 2). Guaranteed Maximum Price (GMP) means the maximum cost of Construction Phase Services, as established by the CMAR and subject to acceptance by City, to construct the Project according to the contract documents. GMP shall not exceed the Estimated Construction Budget. Marketplace means the six (6) county geographic marketplace that has been accepted by the City. The City's geographic marketplace includes the counties of Tarrant, Dallas, Denton, Johnson, Parker and Wise. City of Fort Worth—Alliance Park Phase I & II Improvements Page 4 of 50 CMAR RFP—One Step MBE means a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. MBE Plan means an MBE Utilization Plan to address the diverse MBE goal for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. Ordinance means the City of Fort Worth Business Diversity Enterprise Ordinance #20020-12- 2011, effective June 1, 2012, as amended. Owner means the City of Fort Worth, Texas. PARD means the City of Fort Worth, Park & Recreation Department. Pre-Construction Phase Services means the pre-construction phase services that the CMAR will provide as more fully described in this RFP Section 4.A, and will be detailed in the Contract. Pre-Construction Phase Services Fee means the entire cost to provide the Pre-construction Phase Services including overhead, profit and all other expenses expressed as a fixed dollar amount. Project means the construction of two (2) phases of a master planned athletic field complex at Alliance Park, located at 1405 Litsey Road, Fort Worth, Denton County, Texas 76262. Proposal means the Proposer's written response to this RFP. Proposer means a person, corporation, partnership, or other entity that submits a Proposal in response to this RFP. RFP means Owner's Request for Proposals as a One-step process including the Proposer's proposed fees and prices for fulfilling the General Conditions related to the Project. Work means all labor, materials, equipment, and services necessary to construct, erect, install, equip, complete and commission the Project as provided in the contract documents. Work shall not include Pre-Construction Phase Services. City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 5 of 50 CMAR RFP—One Step A. The following Maps, Exhibits and Attachments are attached to and are a part of this RFP: • Map 1 - Project Location Map • Map 2-- Master Plan • Map 3— Phasing Plan • Exhibit A - Proposal Affidavit • Exhibit E-Statement of Experience • Exhibit C- Proposed Project Key Personnel • Exhibit® - Exceptions to Agreement • Exhibit E-Conflict of Interest Questionnaire • Exhibit F-Client Reference (Form • Exhibit G- Bond and Insurance Requirements • Exhibit H- Safety History Table • Exhibit 1-Construction Budget and Fee Proposals • Exhibit J- Evaluation Criteria • Exhibit K— Prevailing Wages ® Attachment 9 — General Conditions for CMAR Project ® Attachment 2— Draft Construction Manager-At-Risk Agreement Section 2: Description of Project A. The Project will consist of the construction/installation, but will not necessarily be limited to; 4 soccer fields (rain.) with, lighting, irrigation and bleachers, a paved park drive with paved parking areas, approximately 3,000 LF of multi-purpose concrete trail, pedestrian water crossing(s), park benches, picnic tables, native landscape restoration, and interpretive signage. It is important to note that the construction budget will determine the final constructed items. Alliance Park is located at 1405 Litsey Road, Fort Worth, Denton County, Texas 76262. The Design Engineer, Freese and Nichols, Inc. is in the process of design development for the Project. The final engineering design is anticipated to begin in October 2018 with the participation of the CMAR under its Pre-Construction Phase Services. The Alliance Park Phase I & 11 Improvements project is expected to include the following site improvements: General Park Improvements 1. Site Preparation 1 Clearing 1 Demolition 2. Tree Mitigation (City Park requirements) 3. Site Grading / Drainage a. Retaining Walls (to be determined) City of Fort Worth--Alliance Park Phase I & II Improvements Page 0 of 50 CMAR RFP—One Step b. Storm drainage structures (to be determined) 4. Utility Installation a. Electrical Service (coordination with Oncor required) b. Sewer (to be determined) c. Water Service and Meter(s) (to be determined) ii. 2" meter for domestic iii. 4" meter for irrigation iv. 6" meter/service for fire 5. Paved Vehicular and Pedestrian Access a. 3,000 LF of accessible Concrete Trail (variable widths) b. 6' Park Benches (number to be determined) c. 6' & 8' ADA Park Picnic Tables (number to be determined) d. Pedestrian Water Crossing(s) (type to be determined) e. 24 LF wide Park Drive (paving length and type to be determined) f. Concrete Parking Areas (sizes to be determined) g. Guardrail / post & cable fencing 6. Reestablishment of native vegetation/repair of disturbed areas a. will include temporary irrigation 7. Interpretive Signage (type to be determined) 8. 911 stations and signage 9. Security Lighting (to be determined) Athletic Fields-_(4 - 330' x 200' soccer fields, minimum) 1. Site Preparation 2. Site Grading 3. Irrigation system (for each field, build for future expansion) 4. Lighting system (for each field, build for future expansion) 5. Paving for accessibility and bleachers 6. Metal Bleachers (size to be determined) 7. Perimeter Fencing 8. Field Turf Establishment (for each field) B. Project Team. The City has selected Freese and Nichols, Inc. as the Design Engineer. The City's team of employees who will work on this Project consist of PARD personnel and other departments as needed. C. CMAR Selection Method. The City is required by state law to follow specific procedures in selecting the CMAR for the Project. For this Project the City is selecting the CMAR by a one-step RFP process, as set forth in Section 2269.251 et seq., Texas Government Code. A Proposer's Proposal shall include proposed fees and prices for fulfilling the General Conditions. A Proposer's Proposal may include cost/savings sharing alternatives. D. Additional Professional Services. The City will contract separately for (1) inspection services, (2) testing of materials, (3) any verification testing services necessary for acceptance of the Project. The selected Proposer will be required to coordinate these City of Fort Worth—Alliance Park Phase 1 & II Improvements Page 7 of 50 CMAR RFP—One Step services. The City reserves the right to retain other professionals and consultants to assist it with Pre-Construction Phase and Construction Phase services and monitoring the Work Section 3: Business Diversity Enterprise Ordinance #20020-12-2011 Minority Business Enterprise (MBE) Provisions BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION A. The City of Fort Worth implemented the Business Diversity Enterprise Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Minority Business Enterprises (MBEs) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. There is no MBE diverse goal for Pre-Construction Phase Services on this solicitation. The MBE diverse goal is 15% for Construction Phase Services (subcontractors, suppliers, etc.) B. If the Proposer self-performs Construction Phase Services as the general contractor, the MBE goal must be met. No exceptions. C. Proposers must obtain MBE listings from the City of Fort Worth's MIWBE Office at (817) 212-2674 or email mwbeoffice(&.fortworthtexas.gov. This will ensure that CMAR firms are acknowledging MBEs (which include DBE firms that are minority owned, controlled and daily managed) currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or DallaslFort Worth Minority Supplier Development Council and accepted by the City of Fort Worth at the time proposals/bids are submitted, in order for the participation to be counted towards the established diverse goals. The firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. D. At the time the Guaranteed Maximum Price (GMP) is due and submitted to the City, it shall be accompanied by the MBE Utilization Plan to address the diverse MBE goals for use when proposals/bids are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the Plan must provide: ■ the company name, address, point of contact, email address, office and fax telephone numbers of the MBE subcontractors and suppliers; ■ a detailed description of the work to be performed by each MBE; ■ the tier level, i.e., 1 It, 2nd 3rd, etc. (if other than 15t tier, the plan must clearly identify the firm name and tier from whom the MBE firm will be receiving payment); City of Fort Worth--Alliance Park Phase I & II Improvements Page 8 of 50 CMAR RFP--One Step ■ the sub-contract value or percentage of the GMP construction cost for each phase of work identified for each MBE participant; ■ state the MBE percentage level of commitment achieved, • the timing of the major elements of the work including approximate advertising dates and • provide the same identification information for all non-MBE participants The Plan must also include an element detailing how the Proposer will communicate with, and report Plan compliance to, the City's Project Manager and the City's MWBE Office during the Project including providing to the MWBE Office Letter(s) of intent, purchase orders and or executed sub-contract agreements after award by the CMAR and prior to the issuance of the notice to proceed of each relevant phase of the Work. E. MBE firms must be certified at the time each of the Work's major elements are bid or proposals submitted, in order for the participation to be counted towards the established goal. F. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, the City's Ordinance does not allow a Proposer to count itself or its subsidiary-owned companies towards the established goals; the goats represent subcontracting opportunities. G. The participation commitment of the MBE Construction Phase Services will be part of the final weighted selection criteria, H. Failure to address the diverse goals and state the MBE commitments shall render the Proposer non-responsive. For additional information contact the MWBE Office at (817) 392-2674. Section 4: CMAR Services A. PRE-CONSTRUCTION PHASE SERVICES The CMAR Pre-Construction Phase services will be provided as a fixed fee cost identified in the Proposal. The Pre-Construction Phase Services will include: 1. Provide a Project Manager, all Key Personnel and all other associated personnel necessary to fully meet the CMAR obligations for the Pre-Construction Phase Services; 2. Consult with, advise and provide recommendations to the City and the Design Engineer on all aspects of the planning, design, and proposed construction and drawings and specifications; City of Fort Worth—Alliance Paris Phase I & II Improvements Page 9 of 50 CMAR RFP—One Step 3. Provide constructability review and consult on constructability issues in the development of the 75% and 95% final design review plans and specifications, including recommendations on design packaging to advance construction, material availability and independent quantity calculations to verify quantities provided by Design Engineer; 4. Provide list of additional details needed on 95% final design review plans that would be needed to complete the Project in the allotted time or to accelerate aspects of the work; 5. Provide that a Project Manager, Estimator, Scheduler and Superintendent along with any other necessary personnel shall attend review workshops with the Park & Recreation Department (PARD) at the 95% final design review milestone, provide Critical Path Method schedules and plan for each workshop as one complete eight (8) hour day (min.); 6. Provide on-going value engineering review, including written reports and recommendations starting at 75% design plan development; 7. Identify, evaluate and propose cost-effective alternatives; 8. Provide monthly project planning and scheduling report (using Critical Path Method) to minimize the construction impact and prepare cash flow analyses for both the design and construction phases; 9. Identify long-lead equipment procurement needs and submit a report to the City; 10.Identify, evaluate and recommend elements of the Project that may require less than 100% design; 11.Advise the City of ways to gain efficiency in the Project delivery; 12.Provide a complete, detailed, written GMP including line item cost breakdowns with conditions, assumptions, and showing CMAR contingency and CMAR Fee; 13.Develop, implement and maintain a quality management plan that assures conformance to every section of the specifications. Develop a QA/QC program to ensure continuing attention to the production and installation of error-free work; 14.Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling other environmental issues (dust, on site chemicals and fuel, etc,) required to comply with permits and regulations applicable to the Project; 15.Incorporate the City's standard specifications and provisions relating to quality, safety, community, and environmental factors; 16.Schedule all Project construction related activities; 17.Identify Work which the Proposer intends to self-perform. Identify and recommend which work, if any, should be procured through value based competitive selections, in lieu of low bid; 18.Provide monthly progress reports; 19.Participate in a project kick off meeting for Pre-Construction Phase Services to start within January 2019, or later; 20.Participate in up to 4 additional meetings or workshops with the Design Engineer, Owner, and/or others as needed; City of Fort Worth—Alliance Park Phase I & II Improvements Page 10 of 50 CMAR RFP—One Step 21.Develop and submit recommendations for the award of the subcontracts to construct the Project; 22.Provide Insurance for the Pre-Construction Phase as detailed in Exhibit G— Bond and Insurance Requirements. 23.Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as detailed in Exhibit G — Bond and Insurance Requirements. B. CONSTRUCTION PHASE SERVICES The City may allow certain elements of the Work to be performed prior to or in conjunction with the establishment of the GMP. Generally, the Work phases may include, but are not limited to, Demolition/Clearing, Earthwork, and Construction. The CMAR Construction Phase services will be provided as a percentage cost of the GMP as identified in the Proposal. Construction Phase Services will include the following: 1. Solicit and publicly conduct trade contractor or subcontractor bidding and proposals for all major elements of the construction work estimated at greater than $50,000.00, and for material suppliers for the Project, unless incorporated above or otherwise exempted; 2. Discuss Project with subcontractors and material suppliers to determine workloads, bonding capacity, and worker/mechanic availability; 3. Review and monitor the final design and suggest equipment, materials and systems for selection; 4. Review contractor's construction emergency response plan; 5. Review contractor's construction site safety plan; 6. Prepare the Bids/Proposals packages for the elements of the Work which must incorporate the requirements of the Contract; 7. Participate in one Project kick off meeting for Construction Phase Services; 8. Performance of the construction portion of the Work in strict accordance with all applicable Contract Documents; 9. Coordinate and manage the Work that includes all required appurtenances, necessary site improvements, and all other work required to make a complete and operable system within the Guaranteed Maximum Price and within the contract time agreed upon by the CMAR and the City; 10.Coordinate with various local and state agencies, as necessary; 11.Arrange for procurement of materials and equipment; 12.Manage all procurement and construction-related subcontracts while meeting the City's requirements for procurement of subcontractor and supplier bids or proposals, including compliance with the MBE participation goal. This effort includes inspection of the Work performed by subcontractors to ensure conformance with the Contract, 13.Monitor and maintain quality controls over shop drawings, equipment and materials, implementation and Work; City of Fort Worth—Alliance Park Phase I & II Improvements Page 11 of 50 CMAR RFP--One Step 14.Implement the construction site safety plan to provide a safe working site for the Project, maintain, update and implement as needed the emergency response plan; 15.Conduct a Pre-Construction Meeting with all the contractors, sub-contractors, inspectors, and other entities performing major elements of the work prior to the start of their work activities; 16.Obtain any necessary construction permits that have not been provided and meet all requirements of required regulatory agencies, such as TXDOT, TRWD, and US Army Corps of Engineers (USACE), etc.; 17.Manage storm water runoff and dust in accordance with all applicable regulatory agencies, such as TCEQ, the City, USACE, etc.; 18.Establish and implement procedures to track, expedite and process all submittals, change orders, and requests for information; 19.Review and process shop drawings and other submittals and present to Owner for approval; 20.Establish a Critical Path Method schedule for the Project, monitor and update the construction schedule bi-weekly, prepare three week look ahead work schedules consistent with the overall schedule; 21.Review and process all pay request applications from subcontractors using the City's standard specifications and provisions; 22.Conduct monthly progress meetings with the on-site trade foremen or superintendents; 23.Attend bi-weekly meetings with City Staff, Design Engineer, inspectors, and other entities and provide a written bi-weekly progress report and an updated schedule; 24.Maintain current hard copies of Project as-built drawings, including all subcontracted work, and submit in hard copy, PDF and electronic formatted files as specified by the Design Engineer monthly; 25.Expedite and coordinate delivery and installation of Owner procured material and equipment, as applicable; 26.Maintain strict enforcement of Owner's or other applicable prevailing wage requirements; 27.Update and revise the Operation and Maintenance Manual developed by the Design Engineer as necessary; 28.Supervise and manage the warranties provided to the City for the equipment and construction work; and 29.Receive warranty/guaranty Work items from the construction contractors and subcontractors and provide same to Owner upon Final Completion of the Project, or at a date negotiated by the Parties; 30.Conduct a final walk-through with City staff and the Design Engineer at the completion of construction (date TBD) and at 20 months after final acceptance within the two-year warranty period; 31.Implement close out procedures necessary for the City to accept the Project as being finally complete; provide lien waivers from all subcontractors and material suppliers; City of Fort Worth—Alliance Park Phase I & II Improvements Page 12 of 50 CMAR RFP—One Step 32.Complete all Work and Construction Phase Services no later than the end date of the Project Time established as a part of Article 6 — Project Time and Liquidated Damages, of the negotiated CMAR agreement (referenced in this RFP as Attachment 1 — CMAR Agreement); 33.Prepare a final report of all construction costs. C. CMAR SELF PERFORMANCE In accordance with Texas law, the CMAR may seek to self-perform work if the CMAR submits a bid or proposal in the same manner as all other trade subcontractors or suppliers and the City determines that the CMAR's low bid or proposal provides the best value for the submitted work. Proposers shall indicate the scope of work, if any, it intends to self-perform. Regardless of CMAR self-performance, CMAR must meet the MWBE commitment for Construction Phase Services. Section 5: Procedural Requirements for Request for Proposals A. RESERVATION OF RIGHTS 1. The City may reject any or all Proposals and/or waive minor deviations and/or irregularities therein. Entire Proposals marked proprietary will be returned without evaluation. 2. The City reserves the right to cancel this project for any reason at any time during the RFP process without incurring any obligations or liabilities. 3. The City reserves the right to modify the CMAR procurement schedule. S. SUBMISSION OF QUALIFICATIONS 1. Registration: The RFP is available at the City of Fort Worth Park & Recreation Department, 4200 S. Freeway, Suite 2200, Fort Worth, Texas 76115 or via Buzzsaw through the City of Fort Worth website at hops://projeetpoint.Buzzsaw.com/ 2. Questions: The City will restate and answer Proposers' questions via group email and any answers to questions, addenda, or amendments shall also be posted on Buzzsaw. Proposers' questions should be in writing and emailed directly to the Project Manager, listed below. The City does not assume responsibility for not receiving questions from the Proposers or the Proposers' receipt of any answers, addenda, or amendments placed via Buzzsaw. 3. Qualifications Packet: Each Packet should be prepared simply and provide a straightforward and concise description of the Proposer's ability to perform the required CMAR services. Emphasis should be on completeness, City of Fort Worth—Alliance Park Phase I & II Improvements Page 13 of 50 CMAR RFP—One Step clarity of content, responsiveness to the requirements, and an understanding of the City's needs. Vague or misleading statements will be viewed unfavorably. 4. Modifications to Submissions: No modifications to materials that have been submitted to the City are allowed. 5. Disclosure of Proprietary Information: All materials submitted to the City become public property and are subject to the Texas Public Information Act upon receipt. If the Proposer does not desire submitted information that it considers to be proprietary to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, but only to the extent allowed by law, endeavor to protect such information from disclosure. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. City will notify any and all Proposers if a Public Information Act request is received to allow a Proposer to prepare its own response to protect its proprietary material beyond that which the City is allowed. 6. Costs of Preparing Qualifications Packet and/or Proposal: All costs of preparing the Qualifications Packet and/or Proposal shall be the sole responsibility of the Proposer(s) submitting the information. 7. Further Information and Questions: Information requests and questions must be submitted in writing and e-mailed no later than November 30, 2018 at 5:00 pm. Responses to all requests and questions will be emailed to the Proposers and posted to Buzzsaw by December 3, 2018 at 5:00 pm. Please direct all questions regarding this RFP with "Alliance Park CMAR RFP" in the Subject Line to: Bryan Lyness, RLA City of Fort Worth Park & Recreation Department 4200 S Freeway, Suite 2200 Fort Worth, Texas 76115-1499 bryan.lyness@fortworthtexas.aov 8. Anti-Lobbying. Proposers submitting Qualifications and/or Proposals are prohibited from directly or indirectly communicating, electronically (email, text, social media, etc.), by phone or in person, with any City of Fort Worth representative, employee or elected official regarding this RFP except as provided herein for requests for further information. 9. Submission of Qualifications Packet: Submission Packets (" P a c k e t s") must be printed on letter-sized (8.5 inch by 11 inch) paper. City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 14 of 50 CMAR RFP—One Step Sheets as large as 11 inch by 17 inch (folded) may be used for graphics. Sections should be divided by tabs for ease of reference. The Packet shall have no more than 30 printed pages (not including the required forms to be used for experience) using 10 pt. font or larger for the text. Resumes of key personnel may be included in an appendix, if desired, but shall not exceed an additional 25 pages. Each copy of the Packet must be bound to ensure that pages are not lost. One (1) original, one (1) electronic (PDF or equivalent) and four (4) paper copies shall be submitted. An original signature must appear on the submittal letter. Please mark the document with the original signature as "ORIGINAL" and mark "COPY" on the additional paper copies. 10. Receipt of All Proposal Packets: submissions shall be a sealed envelope or container marked on the outside with: Alliance Park Phase I & 11 Improvements CMAR PROPOSAL City Project Number 1 00333/1 01 630 with the; Proposer's name Address City, State, Zip Code Electronic or facsimile submittals will not be accepted. Packets may be mailed or delivered (during normal business hours in person, by courier, an express delivery service, or USPS Express Mail) to: City of Fort Worth Purchasing Department ATTN: Bryan Lyness, RLA- PARD 200 Texas Street Fart Worth TX 76102 Sealed proposals will be received at the Purchasing Division until 1:30 p.m. CST, Thursday, December 6, 2018, and then publicly acknowledged at 2:00 p.m. CST in the City Council Chambers with the name of the Proposers and the proposed Pre- Construction Fee and Construction Services Fee (expressed as a percentage of GMP) being read aloud. 11. Pre-Proposal Meeting: A pre-proposal meeting will be held at 10:00 a.m. on Thursday, October 25, 2018 at St. Peter Lutheran Church, 15701 Cleveland Gibbs Rd, Roanoke, TX 76262. All interested proposers are strongly encouraged to attend. A project site tour will be conducted immediately following the pre-proposal meeting. The address of the site is 1407 Litsey Road, Fort Worth, TX 76262. The site tour will involve some driving and hiking City of Fort Worth—Alliance Park Phase I & II Improvements Page 15 of 50 CMAR RFP—One Step through undeveloped terrain. The site tour portion may flake up to 4 hours. If attending the site tour, plan accordingly and dress appropriately. An RSVP is requested via email to Bryan Lyness at bryan.lynessCa.fortworthtexas.gov, by 5:00 PM Monday, October 22, 2018. 12. Conflict of Interest Questionnaire and Form 1295: Each Proposer must complete and submit directly to the City Secretary's Office, an original Conflict of Interest Questionnaire (included in the RFQ as Exhibit E). If a Proposer already has a Conflict of Interest Questionnaire on file with the City Secretary's Office, a Proposer may so certify to that fact. The successful Proposer shall, prior to contract award, be required to submit Texas Ethics Commission Form 1295 to the Project Manager. 13. Financial Statement: Proposers should provide one copy of an audited financial statement from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to- date financial statements. The single financial statement should be submitted with the original proposal, and may be provided in a separate sealed envelope. Section 6: Content of Proposal and Evaluation Criteria Proposers shall submit complete responses to all requirements described in this RFP. Although concise submittals are preferred, proposals must be sufficiently detailed to demonstrate that the Proposer can successfully deliver the CMAR scope of services, outlined in SECTION 4 CMAR SERVICES. All items in all tabs shall be included in each copy of the Proposal. Proposals containing incomplete information will be rejected. A. Content of Qualifications Packet The Qualifications Packet must contain the following information: 1. A general description of the Entity or Person that is submitting qualifications to be considered for the CMAR services. Explain the organization and provide an organizational chart(s) showing proposed Project personnel. If it is a joint venture, specify percentage control of each company. 2. A description stating an understanding of the CMAR services (see Sec. 4) to be performed for the Project, a commitment to perform the CMAR services within the time periods allocated, and a statement why the Proposer believes they are the best qualified CMAR for this project. 3. The Proposer must identify all key personnel for the proposed Project team including Project Manager, Superintendent and management staff and their location, as well as, partners, managers, other supervisors and specialists, who City of Fort Worth—Alliance Park Phase I & II Improvements Page 16 of 50 CMAR RFP—One Step would be assigned to the Project. Include the specific staff members of any sub- consulting firms that are proposed to be assigned to this Project. For each key person Identified, list their length of time with the Proposer and at least three comparable projects in which they have played a primary role. Indicate whether each such person is registered or licensed to practice in Texas, if State law requires licensing or registration. If a project selected for a key person is the same as one selected for the Proposer, provide just the Project name and the role of the key person. For other projects provide the following on the forms attached as Exhibit C: ® Description of Project; ® Role of the person; ® Project's original contracted construction cost and final construction cost; Project's original contracted construction schedule and actual construction schedule; ® Project date and project owner with reference information (two current names with telephone numbers per project) 4. The Proposer shall identify at.least three projects; in which the Proposer served as a CMAR, Construction Manager, or General Contractor (declare whether self- performing under CMAR) during design and construction phases, and represent the Proposer's ability to install lighted/irrigated athletic fields, underground utilities, paved drives and parking areas, concrete trails, and pedestrian water crossings. The inclusion of similar park projects is sought, and special consideration will be given to Proposers that can provide examples of CMAR services on similar successful projects. For each project, provide the following information on the form attached as Exhibit B (making copies as necessary): • Description of the Project; • Role of the Proposer specifying whether CMAR, Construction Manager or General Contractor. If CMAR or General Contractor, identify the percent of work self-performed. Also specify services provided during design phase, (i.e., cost estimating, scheduling, value engineering, etc.); • Project's original contracted construction cost and final construction cost; Project's original contracted construction schedule and actual construction schedule; • Project date and project owner with reference information. 5. Provide audited financial statements from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to-date financial statements. B. Evaluation Criteria 1. Not later than the 7th day following the opening of the Qualifications Packet, the City will evaluate and rank each Proposer based on the Evaluation Criteria listed City of Fort Worth--Alliance Park Phase [ & II Improvements Page 17 of 50 CMAR RFP--One Step below to determine which Proposer offers the best value to the City. The Qualifications Evaluation Criteria shall be applied equally to all Proposers and shall be the basis for the selection of the most qualified Proposer. The City reserves the right to conduct interviews with the top three ranked Proposers prior to making its final selection. 2. Evaluation Criteria is listed, summarized, and attached hereto as; Exhibit J - Evaluation Criteria. 3. The Proposal must contain the following information in the following order: a. Cover Letter - Pass/Fail - Not included in page count The Proposer's one-page cover letter should clearly state that the Proposal is valid for 90 days from December 6, 2018 and should be signed by an individual with authority to commit the Proposer to the Project. The 90-day period applies to Exhibit K. b. Forms and Certifications - Pass/Fail - Not included in page count The Forms and Certifications provided as Exhibits A - F are attached for use in documenting compliance with the City's procurement process, MBE requirements, and for use in preparing the Proposer's Price Proposal. 4. Proposer's Corporate Experience and Financial Stability - 20 point maximum - Included in page count (Not to exceed 3 pages) a. The Proposer shall provide information in a tabular format, for park or construction projects of similar size, and scope, including project durations for projects completed or currently in progress for all owners within the past ten years. b. A minimum of three projects shall be presented that best represent the Proposer's relevant, demonstrated experience and services requested for the Project. The total number of projects shall not exceed six. c. The Proposer shall identify its experience in the performance of Pre-Construction Services which will be required on this project, specifically (1) working with design engineers in the preparation of construction documents, (2) value engineering reviews, (3) preparing cost estimates on partially completed construction documents, (4) project scheduling, and (5) developing GMP. d. The Proposer shall identify the major work elements/trades of a typical project and identify if the Proposer has the capability to self-perform such elements/trades and identify those elements/trades which it normally self-performs. The listing of major work elements/trades should include, at a minimum, demolition/clearing, site grading, concrete work, masonry, bridge construction, and utility work and revegetation methods. City of Fort Worth—Alliance Park Phase I & II Improvements Page 18 of 50 CMAR RFP—One Step 5. Pricing of CMAR Services - 20 points maximum - Included in page count(Not to exceed 2 pages) a_ Provide the Pre-Construction Phase Services Fee on Exhibit I -- Construction Budget and Fee Proposal. 6. Qualifications and Experience of Key Personnel (CMAR and Non-CMAR) - 25 points maximum - Included in page count (Not to Exceed 5 pages) a. Overall qualifications of the Proposer's Key Personnel to perform the required Pre-Construction Phase Services and Construction Phase Services shall be provided. b. Additional information to be provided on Key Personnel should include roles and major responsibilities and their experience with CMAR or Non-CMAR project delivery including value engineering, constructability reviews and (Pre- Construction Phase and Construction Phase Services) and other general pre- construction services, general construction or construction management experience. c. Include a statement that proposed Key Personnel will be dedicated and available for the performance of the Project. Also, state the amount of time on a percentage basis each Key Personnel will spend during the Pre-Construction Phase and Construction Phase Services. Proposer shall indicate where Key Personnel have worked together on prior projects. d. Proposer shall provide an organizational chart showing all Key Personnel and other personnel (either by name or job category) for both Pre-Construction Phase and Construction Phase Services. e. The Proposer will provide a client reference for the three projects listed using Exhibit F. 7_ Project Approach - 50 points maximum - Included in page count(Not to exceed 92 pages) a. Pre-Construction Services— 15 points maximum • Describe the proposed approach to successful completion of the Pre- Construction Phase Services. Discuss the potential benefits from this approach, using examples from prior efforts to prove benefits. Identify any specialized skills or special considerations that will be provided during Pre-Construction Services. b. Construction Approach — 15 points maximum • Describe the proposed approach to successful completion of the Construction Phase Services. Discuss the potential benefits from this approach, using City of Fort Worth---Alliance Park Phase I & II Improvements Page 19 of 50 CMAR RFP—One Step examples from prior efforts to prove benefits. Identify any specialized skills or special considerations that will be provided during Construction Services. • Describe in detail how Proposer will coordinate CMAR tasks with that of subcontractor's tasks, the Owner, Design Engineer and other professional services that may be involved in the Project (inspection, materials testing, etc.) c. QA/QC and Safety Plan - 5 points maximum • Describe the proposed approach (no more than 3 pages) to the successful development and implementation of quality assurance/quality control and safety plans required for the Project. d. Cost and Schedule Control - 15 points maximum • Describe how Cost and Schedule will be controlled. Discuss how change orders and Owner initiated requests will be addressed (no more than 3 pages). Provide a breakdown of estimated costs and of estimated schedule. (breakdown pages do not count towards overall page count) 8. Compliance with the Business Diversity Enterprise Ordinance — Minority Business Enterprise Participation - 5 point maximum - Included in page count (Not to exceed 7 page) a. Points awarded will be determined based on the Proposer's acknowledgement and commitment to meeting the overall diverse MBE goal, and presentation of evidence of the Proposer's minority business diversity procurement practices. The proposer will be expected to timely submit and follow a MBE Utilization Plan as defined in Section 3.D, found in this RFP. 9. Special Consideration - 10 point maximum a. Up to 10 Points will be given to Proposers that have specifically provided CMAR services on similar park projects. Include specific park improvements that are to be built in the Project, such as athletic fields and pedestrian bridges. 10. Review of Proposals, Negotiation and Release of Information a. The City will select the Proposer providing the best value to the City and will attempt to negotiate a Contract with that entity. If negotiations fail, the City will end the negotiations in writing and commence negotiations with the next-ranked Proposer until a Contract is negotiated or all candidates are rejected. b. No later than seven days after the City Council authorizes execution of the CMAR Contract, the City will document the basis of its selection and make the evaluations public. This may occur simultaneous with the award of the CMAR Contract. City of Fort Worn—Alliance Park Phase I & 11 Improvements Page 20 of 50 CMAR RFP—One Step C. Guaranteed Maximum Price (GMP) 1. During the Pre-Construction Phase Services, a Guaranteed Maximum Price (GMP) for the Project will be established. The GMP will be based on bids andlor estimates for the various Work packages generated and/or received by the CMAR during Pre- Construction Services. Early Work packages may be supplied to the CMAR upon request, but availability and completeness is not guaranteed. A Notice to Proceed to full construction shall not be issued until the GMP is established. The CMAR assumes the risk of completing the Work for the established GMP, within the allotted Contract time. Cost sharing arrangements, if any, will be negotiated in the Contract. 2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended) of the Texas Government Code. This statute, among others, requires all contractors and subcontractors performing public works contracts for a municipality to- * pay the prevailing wage rate as determined by the municipality; keep records of the name and occupation of each worker, laborer and mechanic employed by them to work on the Project and the actual per diem wages paid to each; and • forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or mechanic who is not paid the stipulated wage for the type of work performed by him as required by the Labor Classification and Minimum Wage Scale. The City is authorized to withhold the penalty amount from the CMAR's payment, as provided in the statute. The prevailing wage rates for this Project must be included in the GMP calculation and are attached hereto as Exhibit K. D. CMAR Fees The CMAR Fees will be evaluated as part of the CMAR selection process. A Proposer must express its Pre-Construction Phase Services Fee and Construction Phase Services Fee in the Proposal on the form attached as Exhibit I. Section 7: Award and Execution of Contract A team comprised of City staff will apply the Evaluation Criteria set forth in this RFP (Exhibit J) to rank all the Proposers. Staff will attempt to negotiate a contract with the top ranked, best-value Proposer and will follow the steps outlined in Texas Government Code 2269.254 prior to recommending that the City Council award a Contract to a specific Proposer. City of Fort Worth—Alliance Park Phase I & II Improvements Page 21 of 50 CMAR RFP—One Step The initial Notice to Proceed will be for the Pre-Construction Phase Services. The City may or may not elect to proceed with the Construction Phase Services, at the City's sole and exclusive discretion. The Contract will contain a termination clause that allows the City to terminate the Contract after the each phase of services without penalty. Section S: Bonds and Insurance Performance and Payment Bonds. If a fixed contract amount or guaranteed maximum price has not been determined at the time the contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the Estimated Construction Budget, as specified in this RFP and on a form acceptable to the City. The CMAR shall deliver the bonds not later than the 1 Oth day after the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other financial security acceptable to the City to ensure that the CMAR will furnish the required performance and payment bonds when a guaranteed maximum price is established. If any Maintenance Bonds are required, said bonds shall be provided or procured by the CMAR and shall be in the name of and in favor of the City. All payment, performance and maintenance bonds issued with respect to this section shall be provided by a surety authorized to do business in the State of Texas and in accordance with Texas Government Code 2253. The Bond and Insurance requirements are specified in the attached Exhibit G. Section 9: Miscellaneous A. The CMAR will not perform any phase of services until the City provides the CMAR with a written Notice to Proceed with that phase. The City may determine not to proceed with any and/or a portion of the Construction Phase Services, at the City's sole discretion. B. To comply with Article 11 , Sec. 5 of the Texas State Constitution, the City will include the following funding provision in the Contract: "Notwithstanding any other provisions of this Contract, if this Contract provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Contract begins and the City's City Council fails to appropriate funds to make the payments, then this Contract automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not City of Fort Worth—Alliance Park Phase I & II Improvements Page 22 of 50 CMAR RFP--One Step appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments." City of Fart Worth—Alliance Park Phase I & II Improvements Page 23 of 50 CMAR RFP--One Step Section 10: Proposed Schedule The following schedule is planned for this Project. (subject to change) Publication of Request for Proposals (1 st) 11 October 2018 Publication of Request for Proposals (2nd) 18 October 2018 RSVP for Site Tour (10:00 AM) 22 October 2018 Pre-Proposal Meeting (10:00 AM) 25 October 2018 Deadline for Comments (5:00 PM) 30 November 2018 Responses Posted (5:00 PM) 03 December 2018 CMARIRFP Submittals Due (1:30 PM) 06 December 2018 CMARIRFP Submittals Public Opened (2:00 PM) 06 December 2018 Evaluation of CMAR 06 - 14 December 2018 Interviews (as necessary) 11 - 13 December 2018 Selection of CMAR 14 December 2018 CMAR Contract Negotiation 17 Dec. 2018 — 11 Jan. 2019 CMAR Contract Award 29 January 2019 Notice to Proceed (Pre-Construction Phase) 30 January 2019 Pre-Construction Phase Services begin January 2019 Construction Phase Services (City's Goal) begin May 2019 City of Fort Worth—Alliance Park Phase I & II Improvements Page 24 of 50 CMAR RFP—One Step Map 1 - Project Location ' NORTHLtKE .. C:TYLIMTS I F . ' NORTHLAKE i TPX&S � IVIDTDR i J MPROMMAT8 PBKYY LINN LIT`_zY K5-MU tiM11,110K11 1 CITY OwTa 17 -`. �L I F[A LET y q 6CALD L'-I '"0' FoRT WORTH,,, LOCATION MAP ALLIANCE PARK Fort Worth, Texas City of Fart Worth—Alliance Park Phase I & II Improvements Page 25 of 50 CMAR RFP—One Step Map 2 - Master Ilan r'uba■Ll�q Aoitl Lena+d � II + a—rW+. + 04-UNtaxk . CirAI�R T � MJn iJrrfwn - - -- f n+,Yy oaaA *I I + I j 41 r r r I � •� F t��nnai Cr4np. y r � Ccr-cft[nn + .� i r IC Htnr�ry■ 5yy Crre� IyiW O I tF it 0 rt:.u■ rdjwtlrn nr� Mi!stu Plan Fridorved t!y rho Park and Retraatinrl A41A ory Board an y+ NauembPr 15,2017 Actlan Ibem-VI.0 I ws dsaw0lig Is[oncepival to narure and Is sruhlW to i; 4ngr.%Wa nwl4lps ar mpresen1x4%un%mp,esekq ar.mplled tdnu tiring t Ise ad uol deslp,lacmion,ur character td this plan are Intended,the Contractaralrecs,during{hr'N rdorrnance of Ibc Weir%,9a a�Ceyry With W1 ApplltabW tdder an,d utdlrlarM.xi 41 the appruprlate City,Cdunsy at 5tatt of Teas As they may apply,as thea*+aws may wrr read or ac they may hoieafter bE chanLrd ar Rm-nr;pt. ALLIANCE - a sFREEFbE r ti City of Fort Worth—Alliance Park Phase I & II Improvements Page 26 of 50 CMAR RFP—One Ste} Map 3 - Phase Plan PH I (areal) f*w P41ry I.Ilarr rliptl ��•e! Ivi•re c>•nrMle• 11111 Ala I EE11 III 10111 f LL La4or�l —_ ti.uuuGn.+. t I I � • a'rr,..,n r YL Uwq* MW • aw4filfww P I I ti ■ Ra,Y�� J . r _ . 8 Q'kSb' ,SFr�.4vrr + i+ 91 i I ;,;lip I ` PH 11 (area) r � � � = f � , r P � r I F ' � • — 1 1 Opinnx 1 1 Oiyuape r C,�nneeil�iid Fu N[nuWu ,Pk;2 Poud Wl f1 +JL 1k-%li. t"nkzlhl a rye , . MA ster Pia r4 EndGr,3 edby [ha Pdrk,lrid Racrt-allon lWyivme l oard on r. "MA'Mber 15r 20 17 Amon ttearr Vu- I h+;S draWing L9 rnnr"tupl I n natiere!ano IF subject io change.No WwrpnLles or repro Lrn[HtIaM,CKpressed or IrnplleO ulrrte rhlnd The.Y_'tua'Cr.s,til7,4'oCa1 iun,d- Character dt This plan iie;htended l he Cunifactor Elf E45r d liraig the pefformanE£oL IhE 4W6rkr to Comply W..'11`all DWIlcable Cityes amf old l amTs of the appraprioTs L1tpr ClmMV nr 51%Tr.nr TcYx%As th"may■pp+Y•as Ihme Iawx map now trod OY at they nlap hreeriffer hp ChaggiA I1r 8rt;rAded. r LS �lii +f+411 ?�()VEM[�F R 20 17 1 w� City of Fort Worth—Alliance Park Phase I & II Improvements Page 27 of 50 CMAR RFP--One Step Exhibit A e Proposal Affidavit TO: City of Fort Worth, Texas FROM: (Proposer's Name) FOR: Alliance Park Phase I & II Submitted: 2018 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Pre-Construction Services and to submit a Guaranteed Maximum Price Proposal to construct the Project in accordance with the said Documents. The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Pre-Construction Services specified, to furnish all labor necessary to complete the Pre-Construction Services in full and complete accordance with the reasonably intended requirements of the Pre-Construction Services Scope of Work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer proposes and agrees, if the Guaranteed Maximum Price Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Construction specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Proposal. By the signature provided below, the signer affirms that the information provided herein is true and correct to the best of his/her knowledge and belief. By: (Signature) Receipt of Addenda No. Initial Title: 1 2 Date: City of Fort Worth—Alliance Park Phase I & II Improvements Page 28 of 50 CMAR RFP—One Step Exhibit 8 - Statement of Experience Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 6.A.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 1 Name of Project: Location: OWNER'S Name and Address: OWNER's Contact Person (Print): Phone/Fax No.: 1 Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice to Proceed) Contract Time: O Calendar Days { ) Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth—Alliance Park Phase I & II Improvements Page 29 of 50 CMAR RFP--One Step Exhibit H - Statement of Experience (continued) Project Description and Statement of Relevance to this Project: City of Fort Worth—Alliance Park Phase I & II Improvements Page 30 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) I?r!Qmect 2 Name of Project: Location: OWNER's Name and Address: OWNER's Contact Person (Print): Phone/Fax No.: 1 Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice to Proceed) Contract Time: O Calendar Days O Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth—Alliance Park Phase I & II Improvements Page 31 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) Project Description and Statement of Relevance to this Project: City of Fort Worth-Alliance Park Phase I & II Improvements Page 32 of 56 CMAR RFP--One Step Exhibit B - Statement of Experience (continued) Project 3 Name of Project: Location. OWNER's Name and Address: OWNER'S Contact Person (Print): Phone/Fax No.: I Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice to Proceed) Contract Time: O Calendar Days O Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth—Alliance Park Phase I & II Improvements Page 33 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) Project Description and Statement of Relevance to this Project: City of Fort Worth—Alliance Park Phase I & II Improvements Page 34 of 50 CMAR RFP—One Step Exhibit C ® Proposed Project Key Personnel Proposed Project Manager(s) Organization Doing Business As Name of IndividuaF Years of Experience as Project Manager Years of Experience with this or anization Number of similar promects as Project Number of similar projects in other ositions Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Completion Price Price ompeon Completion Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role Candidate role on Project on Project Name of Assignment Percent of Time Estimated Project Used for this Completion Date City of Fort Worth—Alliance Park Phase I & II Improvements Page 35 of 50 CMAR RFP--One Step Exhibit C - Proposed Project Key Personnel -• Continued Proposed project Superintendent Organization Doing Business As Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar promects as Project Number of similar proiects in other positions Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Dat Date Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role Candidate role on Project on Project Name of Assignment Percent of Time Estimated Project Used for this Completion Date City of Fort Worth—Alliance Park Phase I & II Improvements Page 36 of 50 CMAR RFP—One Step Exhibit C o Proposed Project Key Personnel — Continued Proposed Project Safety Officer Or anization Doinq Business As Name of Individual Years of Experience as Project Manager Years of Experience with this or anization Number of similar projects as Project Manager Number of similar projects in other positions Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date imI I I A- Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role Candidate role on Project on Project Name of Assignment Percent of Time Estimated Project Used for this Completion Date City of Fort Worth—Alliance Park Phase I & II Improvements Page 37 of 50 CMAR RFP—One Step Exhibit C - Proposed project Key Personnel — Continued Proposed Project Quality Control Manager Organization Doing Business As Name of Individual Years of Experience as Project Manager Years of Experience with this organization Number of similar pEo ects as Project Number of similar projects in other positions Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Dat Date Name Name Title/ Position Titlel Position Organization Organization Telephone Telephone E-mail E-mail Project Project Candidate role Candidate role on Project on Project Name of Assignment Percent of Time Estimated Project Used for this Completion Date City of Fort Worth—Alliance Park Phase I & It Improvements Page 38 of 50 CMAR RFP—One Step Exhibit ® m Exceptions to Agreement Location in Comment �UlAI� ExceptionandRationaleuggosted AItoniate Number Agreement Language 1 2 3 4 5 6 8 9 10 11 12 13 1,A, 15 16 City of Fort Worth—Alliance Park Phase I & II Improvements Page 39 of 50 CMAR RFP—One Step Exhibit E - Conflict of Interest Ouestionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491. 801h Log., P.egular Session. OFFICELISEONLY This q uestionna Ire Is being filed In accordance with Chapter 176,Local GovernmentCode oa6a ftecaNad by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthls questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Cade.An offense tinder this section Is a Class C misdemeanor. 11 Name of person who has a buainev3 relationship with local governmental entity. 2 -- Chock this box if you era filing an update to a previously filed quoationnalro. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the dato tho origln:tlly riled questionnaire becomes Incompleto or Inaccurate.) 3 Name atloc90 government esncer Wnn wnoin mat nao amptoyment or puniness relationsmp. Name of Officer This section (item s including subparts A, B, C & V)must be completed far each officer with whom the filer has an employment or other business relationship as defined by Section 1y$.001(1-n), Local Government Code_Attach additional pages to this Form CIO as necessary. A. Is the local government officer named In this section receiving or likely to receive taxable Income. other than Investment Income, from the Msr of the questionnalre? YW. No S. Is the Fler of the quedlonnoire rocolving or likely to receive taxable income,other than investment income, from or at the direction of tho local government officer rimmed in thin Eoction AND the taxable Incomo le not recoived from the local governmental entity? Yes No C. Is the filer of this questionnalro employed by a corporetlon or other business entity with respect to which the local governmant officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the focal government of lcer mimed in this soction- 4 signature of person tloing business with the governmental WIN Date City of Fort Worth—Alliance Park Phase I & II Improvements Page 40 of 50 CMAR RFP—One Step Exhibit F - Client Reference Form Project Name: Owner's Name: Owner Contact's Phone Number: Owner's Contact Name & Title: Type of Contract Desi n/Bid/Build Desi n/Build CMAR etc. Engineer/Architect/Const. Mngr Name: Engineer/ArchitectlConst. Mngr Phone Number: Engineer/Architect/Construction Manager's Contact Name & Title: Original Contract Value I GMP of Project: Cost Savings Identified: Final Contract Value of Project: Project Description: Original Project Duration: Original Project Completion Date: Actual Project Completion Date: Explanation for later project completion date or contract value overrun, if applicable: City of Fork Worth—Alliance Park Phase I & II Improvements Page 41 of 50 CMAR RFP—One Step List Major Subcontractor's; names, contact phone numbers List Major Material Suppliers' names, contact phone numbers City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 42 of 50 CMAR RFP—One Step Exhibit G - Bond and Insurance Requirements Pre-Construction Phase Services: For Pre-Construction Phase Services, the following insurance requirements are expected. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease -each employee Construction Phase Services: It is expected that Construction Phase Bonds and Insurance requirements shall be similar to, if not the same as, current City requirements for standard Construction Contracts. These requirements are available for review in the City's CMAR RFP project folder found on Buzzsaw. If changes are required an addendum will be issued. City of Fort Worth—Alliance Park Phase I & II Improvements Page 43 of 50 CMAR RFP—One Step Exhibit H m Safety History Table 2017 2016 1 2015 A Total Number of Field Man-Hours B Number of Recordable Incidents with not lost time accidents Number of Recordable Incidents with lost time accidents Total Recordable Incident Rate (TRIR) D (B+C) x (200,000) 1 A E Number of Fatalities F Published Experirence Modification Rate (EMR) Provide documentation to support the above Experience Modification Rate information. Either of the following methods are acceptable: • Letter from insurance agent, insurance carrier, or appropriate government agency (on their letterhead) verifying the modification rate. • Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 300 logs for each of the past three years. City of Fort Worth--Alliance Park Phase I & II Improvements Page 44 of 54 CMAR RFP—One Step Exhibit I o Construction Budget and Fee Proposal Construction Budget The City's Estimated Construction Budget $ 5,000,000m City's Estimated Design & Administration Budget $ 1,268,400.00 (city's project design, administration, inspection, material testing, and contingency) Total Project Budget; $ 6,268,400.00 Fee Proposal Pre-Construction Phase Services Fee Minimum Fee (required) $ 25,000.00 Additional Fee (Proposer's discretion, cannot be negative) $ Total Pre-Construction Services Fee $ Construction Phase Services Fee Fee (expressed as a percentage of GMP) % Additional Cost Savings Fee (if any) % Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. City of Fort Worth-Alliance Park Phase I & 11 Improvements Page 45 of 50 CMAR RFP-One Step Exhibit J - Evaluation Criteria Evak.iatlon Criteria Weighted Value Cover Letter Pass/Fail Forms and Certifications Pass/Fail Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience, including safety record, self-performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history of completing Maximum projects on time. The Firm can demonstrate relevant and recognized project delivery experience 20 points through using various project delivery techniques and best practices. The Firm explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. Pricing of CMAR services (Pre-Construction Services Fees) Maximum 20 points Qualifications and Experience of Key Personnel: Demonstrated results and success with of projects of similar size and scope (CMAR and Non-CMAR Experience): Proposers relevant experience in project delivery including: value engineering, constructability reviews, value analysis and best practices in construction delivery methods(design/bid/build, construction management at risk and design-build)and associated Pre-Construction Services.The team's value proposition is clearly communicated through experience, results and assigned roles and responsibilities. Maximum 25 points CMAR and non-CMAR experience is recognized when the team can demonstrate experience in various delivery techniques and, explain the benefits of that experience in terms of value for the City's project. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. Project Approach Pre-Construction Services: Team's approach to performing pre-construction phase services, Maximum integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet 15 points or exceed delivery timeline. Construction Approach: Team's approach to quality assurance/quality control during construction, approach to dealing with change orders from sub-contractors, dealing with delivery Maximum impacts (i.e. adverse weather, operational issues, etc.),working with stakeholder and customer 15 points communities, and achieving project close-out to meet or exceed construction timeline. QA/QC and Safety Plans: Demonstrated development and implementation of Quality Maximum Assurance/Quality Control and Safety Plans to achieve successful projects. 5 points City of Fort Worth—Alliance Park Phase I & II Improvements Page 46 of 50 CMAR RFP—One Step Cost and Schedule Control: Submission of a GMP that has Managed and controlled costs Maximum and schedules with a change management process.Addressed Owner-initiated requests. 15 points Compliance with the Business Diversity Enterprise Ordinance—Minority Business Maximum Enterprise Participation: CMAR provides track record of proven results in meeting MWBE 5 points commitments on other projects. CMAR demonstrates approaches to engage MWBE community Special Consideration for Successful CMAR services contracts Maximum 10 points Proposer's responsiveness to Request for Proposal Yes/No 'TOTAL City of Fort Worth—Alliance Park Phase I & II Improvements Page 47 of 50 CMAR RFP—One Step Exhibit K - Prevailing pages (Available on Buzzsaw, see directory: PAR1100333 —Alliance Community ParldBid Documents Package/CWIAR RFV) City of Fort Worth—Alliance Park Phase I & II Improvements Page 48 of 50 CMAR RFP—One Step Attachment 1 - General Conditions for CMAR Project (Available on Huzzsaw, see project directory: PAR1100333 —Alliance Community Park/Bid 17ocuments package/CHAR RFP) City of Fort Worth—Alliance Park Phase I & II Improvements Page 49 of 50 CMAR RFP—One Step Attachment 2 - Construction iManager-At-Risk Agreement (Available on Buzzsaw, see project directory: PAR1100333 —Alliance Community Park/Bid Documents Package/CMAR RFP) City of Fort Worth—Alliance Park Phase I & II Improvements Page 50 of 50 CMAR RFP--One Step ATTACHMENT B CMAR's Proposal (CMAR's Response to RFP) City of Fort Worth CMAR Agreement-Alliance Park Phase f & Il CPN - 100333/101630 Page 12 of 13 CONSTRUCTION MANAGER-AT-RISK Alliance Park Phase I & II Improvements FORT WORTH i. Ft,ula Lhuu Itead —" T IYYIt{Iflll{1hY. � I I� i s 1 i FAN --- ---- rMe Fairy Group. �.11111 YV��l1148�JiYJ115 +Hair 1 W+Y Phone, 817-9 74388 { Fax: $17-927 389 71R XF'!I TABLE OF CONTENTS * Cover Letter * Forms and Certifications * Proposer's Corporate Experience and Financial Stability * Qualifications and Experience of Key Personnel * Project Approach * MBE Plan; Compliance with the Business Diversity Enterprise Ordinance * Special Consideration * Appendix Resumes Financial Statement EN FAIN Building Relationships Constructing Futures P.O.Box 750 Fort Worth,TX 76101 817.927.4308 817-927-4389 Fax wwwlaingp.com December 6, 2018 Bryan Lyness, RLA Fort Worth Park and Recreation Department 200 Texas Street Fort Worth, TX 76102 Re: CMAR - City of Fort Worth, Alliance Park Phase I & II improvements Mr. Lyness, The Fain Group, Inc. is pleased to offer the following proposal to the City of Fort Worth. In the past 14 years we have performed numerous park and trail projects and we feel confident that our response will demonstrate our capability and reputation for quality and responsiveness. Our firm has been involved with several CMAR projects with various cities throughout the Metroplex and our team is well versed in the procedures required for CMAR contracts. We appreciate the opportunity to continue working with The City of Fort Worth, We acknowledge receipt of addendum #1. This proposal shall be valid for a period of 90 days from the date of December 6, 2018. Thank you for this opportunity and should any questions arise please contact us. Sincerely, Larry Frazier President Exhibit A W Proposal Affidavit TO: City of Fort Worth, Texas FROM: The Fain Group, Inc. (Proposer's Name) FOR: Alliance Park Phase I & II Submitted: December 6 , 2018 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Pre-Construction Services and to submit a Guaranteed Maximum Price Proposal to construct the Project in accordance with the said Documents. The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Pre-Construction Services specified, to furnish all labor necessary to complete the Pre-Construction Services in full and complete accordance with the reasonably intended requirements of the Pre-Construction Services Scope of Work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer proposes and agrees, if the Guaranteed Maximum Price Proposal is accepted, to contract with the City of Fort Worth, Texas in the form of Contract Agreement for Construction specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Proposal. By the signature provided below, the signer affirms that the information provided herein is true and correct to the best of his/her knowledge and belief. By: (Signature) Title: President Date: 12/06/18 City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 28 of 50 CIVIAR RFP—One Step Exhibit 0 - Statement of Experience Using the summary format included below, list and describe Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the Construction Manager-At-Risk project delivery method within the past ten (10) years. Give documentation of three (3) projects that meet the criteria listed in Section 6.A.4. Additional consideration will be given to projects combining multiple elements listed in Section 4. Project 1 Name of Project: Gateway Park East Redevelopment Location.,—Fort Worth, Texas OWNER'S Name and Address: City of Fort Worth- 4200 S. Freeway St., Ste.2200, Fort Worth, Texas 76115 OWNER's Contact Person (Print): Cornell Gordon Phone/Fax No.: 1 817-392-5764/817-392-5724 Initial Contract Price: $2 045 641.93 Final Contract Price: $2,087,814.31 For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice To Proceed) 05/18/2015 Contract Time: 280 M Calendar Days O Working Days Contract Substantial Completion Date: December 2015 Actual Substantial Completion Date.. December 2015 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth—Alliance Park Phase I & II Improvements Page 29 of 50 CMAR RFP—One Step Exhibit B -, Statement of Experience (continued) Project Description and Statement of Relevance to this Project: This project consisted of an extensive trail project through the heavily wooded Gateway Park. Approximately 1.5 miles of trail were constructed with 2 major overlooks of the Trinity River. 4 pedestrian bridges were constructed along the trail route as well. A parking lot was added to the park to allow additional access. The elements are similar to the aspects of Alliance Park that are proposed under this CMAR. The Gateway Park project was completed under the CMAR delivery method. City of Fort Worth—Alliance Park Phase I & II Improvements Page 30 of 50 CMAR RFP--One Step Exhibit B m Statement of Experience (continued) Project 2 Name of Project: Beard Park Location: Town of Little Elm OWNER'S Name and Address: Town of Little Elm - 100 E. Eldorado Pkwy 2nd Fl., Little Elm, Texas 75068 OWNER'S Contact Person (Print): Jason Laumer Phone/Fax No.: 1 214-975-0473 /214-618-2715 Initial Contract Price: $1,538,174.76 Final Contract Price: $1,538,174.76 For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice To Proceed) 02/16/15 Contract Time: 180 00 Calendar Days ( ) Working Days Contract Substantial Completion Date: October 2015 Actual Substantial Completion Date: March 2016 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. This project exists on the shores of Lake Lewisville. The flooding that occurred in 2015 caused the trail portion of the project to be delayed until the Spring of 2016. The trail area was submerged by the Lake Lewisville for approximately 9 months. City of Fort Worth—Alliance Park Phase I & II Improvements Page 31 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) Project Description and Statement of Relevance to this Project: This park was awarded under the CMAR process much like the delivery method for the Alliance Park Project is proposed under. The work consisted of approximately 3/4 of a mile of trail that is adjacent to Lewisville Lake in a heavily wooded area. Other features of the park included several stone monuments, a playground, enhanced colored concrete paving,turf play surfaces, even a historic log cabin that was relocated on the site. The play structures of the park are custom made pieces that make this park a one of a kind. City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 32 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) P[Qm!gct 3 Name of Project: Chisholm Trail Park Location: Fort Worth, Texas OWNER's Name and Address: City of Fort Worth -4200 S. Freeway St., Ste.2200, Fort Worth, Texas 76115 OWNER's Contact Person (Print): Thomas Alves Phone/Fax No.: / 817-392-5746/817-392-5724 Initial Contract Price: $3,400,000.00 Final Contract Price: $3,474 851.52 For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice To Proceed) 02/27/15 Contract Time: 430 O Calendar Days N Working Days Contract Substantial Completion Date: May 2016 Actual Substantial Completion Date: May 2016 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth—Alliance Park Phase I & 11 Improvements Page 33 of 50 CMAR RFP—One Step Exhibit B - Statement of Experience (continued) Project Description and Statement of Relevance to this Project: The Design-Build delivery system was the method in which this project was awarded. Similar to the CMAR process, with the design being under the same contract umbrella. This 80+ acre project has over two miles of concrete sidewalk/trail that was constructed. Three separate parking areas were constructed to facilitate access to the park. A major texture of the park is a skatepark that is getting much use from the community and I believe is the first of its kind for the City of Fort Worth. 2 competition soccer fields along with picnic areas,pavilions and a playground were also completed. A fishing pier now stands along the pond that existed on site to allow for people to boat and fish at the park. A major element of this project was the preservation of the existing prairie landscape and ecosystem. The disturbance of the existing plant soil was limited while the preservation of the existing plant seeds were cut, and respread on the site to preserve the existing prairie. City of Fort Worth—Alliance Park Phase I & II Improvements Page 34 of 50 CMAR RFP—One Step Exhibit C -- Proposed Project Key Personnel Proposed Project Managers Or anization Doing Business AS The Fain Group,Inc. Name of Individual Larry Frazier Years of Experience as Pro'ect Mana er 27 Years of Experience with this orcianization 14 Number of similar prolects as Project 130 Number of similar roiects in other ositions 130 SinflaF r roj[ect Experience Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date Improvements on Gateway Park Renovations to the existing park and various amenities.Added new $2,045,641.93 $2,087,814.31 February 2016 February 2016 pedestrian bridge,site amenities,new parking lots and two observation decks Chisholm Trail Community Park Design-Build skate park with park amenities,new soccer fields, $3,400,000.00 $3,474,851.52 May 2016 May 2016 playground,pavilions,nature trails with overlooks and fishing piers. Beard Park New 6.5 acre park with nature theme playground.Nature trails and integral $1,538,174.76 $1,538,174.76 October 2015 October 2015 concrete around the park,pavilions and prefabricated restroom building. Reference Contact Infofmalionr ■ contacting the names individuals Name Anita Beard Name Thomas Alves Titlel Position Landscape Architect Title/ Position Project Manager Organization Dunaway Associates Organization City of Fort Worth Telephone 817-335-1121 Telephone 817-392-5764 E-mail abeard dunawa associates.com E-mail thomas.atves@fortworthtexas.gov Project Beard Park Project Chisholm Trail Community Park Candidate Candidate role on Project Principal role on Project Project Manager Name of Assignment Percent of Time Estimated Project Used for this Completion Date Fort Worth Zoo Shop and Warehouse 25% 11/2018 Fort Worth Zoo Utilities 2% 10/2018 First United Methodist Church Campus Imprv. 10% 11/2018 City of Fort Worth—Alliance Park Phase I&II Improvements Page 35 of 50 CMAR RFP—One Step Proposed Project Superintendent Exhibit C -- continued Or anization Doing Business As The Fain Group,Inc. Name of Individual Robert Hawkins Years of Experience as Project Manacier Years of Experience with this organization 3 Number of similar prolects as Project 3 Number of similar oroiects in other positions 4 Similar Project Experience i�= - Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date Foil Worth Zoo Shop&Warehouse New construction of a one story shop building and warehouse $2,498,228.57 In Progress 11/2018 N/A Bachman Lake Park-Renovation Ph III New asphalt and concrete trails,masonry fitness stations and landscape amenities,RediRock $2,138,524.29 $2,473,497.33 10/2017 10/2017 retaining wall,handrails lighting,entry monuments and associates landscaping. The Bridges Amenity Center Site Improvements,installation of water, drainage,paving,electrical landscape and $821,775.73 $943,336.39 10/2016 10/2016 in•igation,hardscape,and building facilities including general construction work Reference ContactInformation ■ ■ ■ o to coritacling the names i • Name Leah Gilbert Name Richard Stauffer Title/ Position Project Coordinator Titlel Position Project Engineer Organization The Projects Group Organization City of Dallas Telephone 817-566-9226 Telephone 214-670-4286 E-mail lgilbert@tpgfw.com Email richard.stauffer@dallascityhall.com Project Fort Worth Zoo Shop&Warehouse Project Bachman Lake Park Candidate Candidate role on Project Project Coordinator role on Project Project Engineer Current - Name of Assignment Percent of Time Estimated Project Used for this Completion Date Fort Worth Zoo Shop and Warehouse 50% 11/2018 Fort Worth Zoo Utilities 50% 10/2018 City of Fort Worth—Alliance Park Phase I&II Improvements Page 36 of 50 CMAR RFP—One Step Proposed Project Safety Officer Exhibit C - continued Orcianization Doing Business As The Fain Group,Inc. Name of Individual Mike Gilbert Years of Ex erience as Project Manager Years of Experience with this organization I Number of similar prolects as Project Number of similar oroiects in other gositigns 30 Similar P . Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion D D Melissa Sports Complex Baseball field and softball fields with musco lighting,new bleachers,press boxes, $6,800,000.00 $6,800,000.00 02/16 02/16 covered batting cages and bullpens. Magnolia Streetscape Ph 11&III Streetscape Improvements $4,00,000.00 $4,000,000.00 1986 1986 Fuller Garden Fort Worth Botanical Garden 3.5 acre lighted garden with stone $2,000,000.00 $2,000,000.00 1987 1987 hardscapes,water features and planting. ContactReference i approval t• contactIng the narnes individU ls as a reference) Name - Ward Peterson Name Andy Boehmer Title/ Position Architect Title/ Position Inspector Organization Pacheco Koch Organization City of Dallas Telephone 972-235-3031 Telephone 214-670-8823 E-mail wpeterson@pkce.com E-mail andrew.boehmer dallasci hall.co Project Melissa Sports Complex Project Dallas Aquatic Centers Candidate Candidate role on Project Architect role on Project General Superintendent Current Project 1 ssignrnents Name of Assignment Percent of Time Estimated Project Used for this Completion Date Phase I Aquatics-Package 2 Kidd Springs 10% 5/2019 Phase I Aquatics-Package 2 Lake Highlands 10% 512019 Phase I Aquatics-Package 2 Tietze 10% 5/2019 City of Fort Worth—Alliance Park Phase I&II Improvements Page 37 of 50 eMAR RFP—One Step Proposed Project Quality Control Manager Exhibit C — continued Orcianization Doinq Business As The Fain Group,Inc. Name of Individual Mike Gilbert Years of Experience as Project Manager Years of Experience with this organization I Number of similar promects as Project Number of similar groiects in other Dositions 30 Similar Prbiect Experience Initial Final 1 Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date Melissa Sports Complex Baseball field and softball fields with musco lighting,new bleachers,press boxes, $6,800,000.00 $6,800,000.00 02/16 02/16 covered batting cages and bullpens. Magnolia Streetscape Ph lI&III Streetscape Improvements $4,00,000.00 $4,00,000.00 1986 1986 Fuller Garden Fort Worth Botanical Garden 3.5 acre lighted garden with stone $2,000,000.00 $2,000,000.00 1987 1987 hardscapes,water features and planting. Reference Contacta ■ narnes indicates approval ■ contacting the nonles Individuals Name Ward Peterson Name Andy Boehmer Title/ Position Architect Title/ Position Inspector Organization Pacheco Koch Organization City of Dallas Telephone 972-235-3031 Telephone 214-670-8823 E-mail wpeterson@pkce.com E-mail andrew.bochmer@dallascityhall.co Project Melissa Sports Complex Project Dallas Aquatic Centers Candidate Candidate role on Project Architect role on Project General Superintendent .row Name of Assignment Percent of Time Estimated Project Used for this Completion Date Phase I Aquatics-Package 2 Kidd Springs 10% 5/2019 Phase I Aquatics-Package 2 Lake Highlands 10% 5/20I9 Phase I Aquatics-Package 2 Tietze 10% 5/2019 City of Fort Worth—Alliance Park Phase I&II improvements Page 38 of 50 OMAR RFP—One Step Exhibit ® - Exceptions to Agreement Comment Location In «ggested Alternate Number MAR Exception and Rationale Language Agreement All 1 No Exceptions Taken 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 City of Fort Worth —Alliance Park Phase I & 11 Improvements Page 39 of 50 CMAR RFP — One Step Exhibit E v Conflict of Interest Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORMCIQ For vendor or other person doing business with local governmental entity This quastionnaira reflects rhangas mach to the law by H.D. 1491, 90111 Leg., Rogular Session. OFFICEt13EONLY This questionnaire Is being filed In accordance with Chapter 176,Local Government Code Data Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By lawthls questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person cummits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under thlsseation is a Class C misdemennor. 1 Name of percon who has a business relationship with local governmental entity. NIA 2 Check this box if you Lire filing an update to a previously filed questionnaire. NIA (The law requires that you file an updated completed questionnaire with the Approprlato filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurnte.) 3 rv©me of iota!government orricer with whom Mier n a employment or business relatlononlp. NIA Name of Officer This section (item 3 including subparts A, 13, G & n)must be completed for each officer with whom the filer has an employment or ether business relationship as defined by Section 176_001(1-a), Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named In this section receiving or likely to receive taxable Income, other than Investment income, from the filer of the questionnaire? Yes No S. le tho filer of the quectionnalre receiving or likely to rsceive taxable income, other than investment income, from or at the diroction of the local government officer named in this section AND the taxably income is not received from the local governmental entity? Y04 No C. is the flier of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? Yos No f1. Descrihe each employment or husin4tss relationship with the local government officer named in this sdaction_ 4 11/08/18 Slomture or person doing business with tree 4overnmental entity Date City of Fort Worth—Alliance Park Phase I & II Improvements Page 40 of 50 CMAR RFP---One Step Exhibit F o Client Reference Form Project Name: Frisco Athletic Center Owner's Name: City of Frisco Owner Contact's Phone Number: 214-876-8658 Owner's Contact Name & Title: Dudley Raymond,Assistant Director of Operations Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Best Value Proposal Engineer/Architect/Construction Manager's Name: Kimle -xorn&Associates Engineer/Architect/Construction Manager's Phone Number: 214-420-5680 Engineer/Architect/Construction Manager's Contact Name & Austin Powers,Engineer Title: Original Contract Value/ GMP of Project: $6 55,077 Cost Savings Identified: $253 230 Final Contract Value of Project: $6 35s 077 Project Description: This project was an expansion to the City of Frisco's existing aquatic center.It included the doubling in size of the existing lazy river along with the construction of a concession building,food service building and an expansio to the existing ticket area.A new major water slide was also constructed along with an expansion of the parking area. Original Project Duration: 390 Days Original Project Completion Date: 05/2015 Actual Project Completion Date: 05/2015 Explanation for later project completion date or contract value overrun, if applicable: City of Fort Worth —Alliance Park Phase I & If Improvements Page 41 of 50 CMAR RFP — One Step List Major Subcontractor's; names, contact phone numbers The Anchor Group,Inc. Fencing Artie Melton 817-652-1900 American Striping Company Striping/Signage William Richmond 972-557-8565 Southern Legacy Landscapes Landscape/Irrigation Lee Gandy 972-824-7514 E1 Cala Construction LLC Concrete Manuel Salas 817-271-0645 R&A Masonry,Inc. Masonry Andrea Alaniz 214-398-5703 Lon Smith Roofing,Inc. Roofing Bill Sellers 817-926-8400 Alliance Glass and Mirror,Ltd. Windows Gary Lane 817-379-1936 Chas.F.Williams Co.,Inc. Accessories Kevin Hutchins 917-332-6363 USA Shade&Fabric Structures,Inc. Shade Structure Zach Thomas 214-306-7097 Sunbelt fools,Inc. Pool Rob Morgan 2I4-343-1133 Bean Electrical,Inc. Electrical Chip Bean 817-561-7400 Tejas Commercial Constriction,LLC Utilities Charles Allen 817-901-8499 JDK Associates,Inc. Segmented Wall Greg West 940-686-6236 CBS Mechanical Services,Inc. HVAC Richard Boldin 940-383-4357 Johnson&Sons,Inc. Floor Coating Chris Johnson 972-881-0391 W.O.E.Construction,Inc. Sealants Billy King 817-284-7401 Parmer Construction Company,LLC Wood Framing Lance Lewellen 469-728-7221 List Major Material Suppliers' names, contact phone numbers BMC West Corporation Trusses/Beams Cliff Edwards 972-335-2999 City of Fort Worth —Alliance Park Phase I & II Improvements Page 42 of 50 CMAR RFP — One Step Exhibit F - Client Reference Form Project Name: Safari Splash Aquatic Play Area Owner's Name: Fort Worth Zoo Owner Contact's Phone Number: 817-566-9226 Owner's Contact Name & Title: Leah Gilbert Owner's Representative Type of Contract (Design/Bid/Build, Design/Build, CM at Construction Manager at Risk Risk, etc.) Engineer/Architect/Construction Manager's Name: Dunaway&Associates Engineer/Architect/Construction Manager's Phone Number: 817-335-1121 Engineer/Architect/Construction Manager's Contact Name & Adam Brewster,Engineer Title: Original Contract Value 1 GMP of Project: $1,358,347 Cost Savings Identified: 0 Final Contract Value of Project: $1 53o 152.64 Project Description: This project was a 14,000 square-foot splash park addition to the Fort Worth Zoo.It's a zero-depth water play area equipped with four slides,a water dump tower,a fill wall for your water toys,animal-shaped water cannons and a designated toddler play area.Large architectural concrete walls surround the facility that also contains a pump house, bathroom building,concession building and a filtration building.A new boardwalk and pedestrian bridge allows access to the park across a creek from the main zoo entranc . Original Project Duration: 270 Days Original Project Completion Date: 03/2015 Actual Project Completion Date: 03/2015 Explanation for later project completion date or contract value overrun, if applicable: The project added elements elsewhere in the zoo during the construction of this project. List Major Subcontractor's; names,contact phone numbers HN.A.C.Technical,Inc. E VAC Larry Love 817-428--0124 The Anchor Group,Inc. Fencing Artie Melton 214-350-1900 Meade Servicing Group,Inc. SWPPP Bobby Dixon 469-628-8070 Ken's Quality Millwork,Inc. Millwork Ken'Vaughn 847-996-8731 Lon Smith Roofing,Inc. Roofing Bill Sellers 817-926-8400 Artex Overheat!Door Company Doors John Conner 817-467-4550 Excel Commercial Painting Don Johnson 817-267-8733 Business Flooring Specialists Flooring Paul Dennis 817-282-1600 Box Mechanical Services Plumbing Gary Box 817-341-0025 Bean Electrical,Inc. Electrical Chip Bean 817-561-7400 A-Star Masonry and Stucco,LLC Masonry Daniel Morales 972-557-4186 Tejas Commercial Construction,LLC Utilities Charles Allen 817-901-8499 Acapulco Deks,LLC Pool Deck Coating Gustavo 817-637-7819 Knickerbocker Partition Corporation Partition Pierce Smale 972-438-5330 JAG Iron Works,LLC Metals Gary McElyea 817-676-3353 W.W.Drywall,Inc. Drywall John Caster 817-239-5300 List Major Material Suppliers' names, contact phone numbers HDS White Cap Construction Miscellaneous Monte Scott 972-438-3323 Barnsco,Inc. Steel Greg Forbess 817-740-2400 Tarrant Concrete Concrete Frank Hames 817-992-5660 Exhibit F v Client Reference Form Project Name: Switzer Park Owner's Name: City of Sanger Owner Contact's Phone Number: 940-458-7930 Owner's Contact Name & Title: Mike Brice,City Manager Type of Contract (Design/Bid/Build, Design/Build, CM at Construction Manager at Risk Risk, etc. Engineer/Architect/Construction Manager's Name: Dunkin Sims Stoffels Inc. Engineer/Architect/Construction Manager's Phone Number: 214-553-5778 Engineer/Architect/Construction Manager's Contact Name & Dennis Sims,Architect Title: Original Contract Value / GMP of Pro'eet: Cost Savings Identified: $21307 Final Contract Value of Project: $493,749 Project Description: This project consisted of replacing the community swimming pool with a spray park that included two new shelter pavilions and 1800 If of new concrete trail.A new stone seat wall surrounds the splash park along with a concrete deck.The existing bathhouse was also remodeled to bring them to code and allow for some cosmetic upgrades Original Project Duration: 150 Days Original Project Completion Date: 07/14 Actual Project Completion Date: 07/14 Explanation for later project completion date or contract value overrun, if applicable: List Major Subcontractor's; names, contact phone numbers Alliance Geotechnical Group,Inc. Material Testing Robert Nance 972-444-8889 Star Outdoors,Inc. Landscape/Jrrigation Damon Cobb 214-909-8158 L.J.Design&Construction Shelter Lisa Woolsey 817-999-6085 Bean Electrical,Inc. Electrical Chip Bean 817-561-7400 Vortex USA,Inc. Splash Pad Eric Montgomery 972-410-3619 Tejas Commercial Construction,LLC Water Line Charles Allen 817-901-8499 List Major Material Suppliers' names, contact phone numbers Bartel Redi-Mix Concrete 817-835-4100 Barnsco,Inc. Steel Greg Forbess 8I7-740-2400 HDS White Cap Construction Miscellaneous Material Monte Scott 972-438-3323 Exhibit F - Client Reference Form Project Name: Cobb Park Phase I Park Improvements Owner's Name: City of Fort Worth Owner Contact's Phone Number: 817-392-5750 Owner's Contact Name & Title: Scott Penn Senior LS Architect Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Sealed Bid Engineer/Architect/Construction Manager's Name: Jacobs En ineerin Engineer/Architect/Construction Manager's Phone Number: 517-735-6000 Engineer/Architect/Construction Manager's Contact Name & Lori Gordon,Engineer Title: Original Contract Value 1 GMP of Project: Cost Savings Identified: -0- Final Contract Value of Project: $3,293,881 Project Description: This project was a renovation to an existing 600+acre Cobb Park.Two masonry veneer and cast stone tower columns now greet park patrons as they enter.A new stone clad con-span bridge also allows access to the park from the north end.A new parking lot,playground and three pavilions were added along with a multi-use soccer field. Original Project Duration: 240 Days Original Project Completion Date: 10/11 Actual Project Completion Date: 01/12 Explanation for later project completion date or contract value overrun, if applicable: Another phase of this project in a separate area of the park was awarded to us by change order increasing our time and cost for the additional work. List Major Subcontractor's; names, contact phone numbers Fort Worth Excavating Earthwork Frank Stivent 817-572-6602 Reynolds Asphalt and Construction Co. Asphalt Paving Charlie Daniels 817-267-3131 Hayden Capital Corporation Utility Subcontractor Jim Humphries 817-478-3765 Quality Ironworks,Inc. Structural Steel Gary Hinson 214-698-0180 LJ Design&Construction Pavillion Installer Lisa Woolsey 817-999-6085 R&A Masonry Masonry Andrea Alaniz 214-398-5703 List Major Material Suppliers' names, contact phone numbers Insite Amenities,LP Pavilion Kim Neal 817-236-5439 Gametime Playground Equipment Fred Morse 800-392-9909 The PlayWell Group,Inc. Playground Equipment Claudia Wolosz 800-726-1816 Exhibit F m Client Reference corm Project Name: 9th Street Pedestrian and Streetscape Enhancements Owner's Name: City of Fort Worth Owner Contact's Phone Number: 817-223-2283 Owner's Contact Name & Title: Lewis Grego Grego1y,Const.Inspector Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.)____ Sealed Bid Engineer/Architect/Construction Manager's Name: CP&Y Engineer/Architect/Construction Manager's Phone Number: 817-662-1211 Engineer/Architect/Construction Manager's Contact Name & Title: Paul Roach Engineer Original Contract Value 1 GMP of Project: S2,611,673 Cost Savings Identified: _0- Final Contract Value of Project: $2,788,382 Project Description: The project consisted of street and walking improvements t downtown for enhancements prior to the Super Bowl.It was of comprised of colored aggregate enhanced concrete walls. renovations to the existing panther fountain,new roadways and landscape&irrigation improvements. Original Project Duration: 235 Da s Original Project Completion Date: 01/2011 Actual Project Completion Date: 01/2011 Explanation for later project completion date or contract value overrun, if applicable: Change order for additional work to the underground tunnel system that was found during construction. List Major Subcontractor's; names, contact phone numbers Buyers Barricades Blake Tuggle Barricades 817-535-3939 SYB Construction Rodd Brann Brick Pavers 972-790-1900 Bean Electrical,hte. Chip Bean Electrical 817-561-7400 Reynolds Asphalt Ned Tankersley Asphalt 817-267-3131 Environmental Allies Rachael SWPPP 281-442-4112 TX Environmental Management Michael Frazier Landscaping 940-648-3640 Destiny Trucking Byron Howard Trucking 917-889-0562 GST Manufacturing,Ltd. Henry Erwin Bus Shelters 817-520-2320 Striping Plus Jerry Hibbs Striping 469-733-1194 Sealant Solution Rick Davis Sealants 214-886-6688 List Major Material Suppliers' names, contact phone numbers Barnsco Greg Forbes Reinforcing Steel 214-352-9091 Cowtown Redi Mix David Guice Concrete Material 817-759-1919 Paul E.Allen Eric Hiller Custom Planters 888-877-4887 Exhibit F v Client Reference Form Project Name: Camp Bowie Sports Complex Owner's Name: City of Brownwood Owner Contact's Phone Number: 325-646-5775 Owner's Contact Name & Title: Jodie Kelley,Engineer Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Sealed Bid Eng i nee r/Arch itect/Construction Manager's Name: Kimley Horn&Associates Engineer/Architect/Construction Manager's Phone Number: 214-420-5600 Engineer/Architect/Construction Manager's Contact Name & Adam Brewster,Engineer Title: Original Contract Value / GMP of Project: Cost Savings Identified: $656,310 Final Contract Value of Project: $3,427A90 Project Description: This project was built on 66 acres off of Milam Dr.in Brownwood south of the existing ball fields. It consisted of 12 new ball fields,covered bleachers and dugouts with lighting. We added three new restrooms and concessions buildings along with 4 covered pavilions and two covered playgrounds that were constructed surrounding the fields. Original Project Duration: 240 Da s Original Project Completion Date: 12/10 Actual Project Completion Date: 12/10 Explanation for later project completion date or contract value overrun, if applicable: List Major Subcontractor's; names, contact phone numbers Webb Plumbing Plumbing Jim Webb 325-642-7099 A&A Systems Interior Framing Raul Garza 817-479-7142 Bean Electric Electrical Chip Bean 817-561-7400 3T Materials Div. I O/Doors/Hardware Trent Thetford 214-676-8070 Insite Amenities Pavilion Kim Neal 817-236-5439 Sunbelt Pools Pool and Equipment Rob Morgan 253-926-6875 List Major Material Suppliers' names, contact phone numbers Sundance Fence iron Brett Avenriep 817-516-7000 Barnsco Steel Greg Forbess 817-740-2400 Exhibit H - Safety History Table i 017 2016 01 — A Total Number of Field Man-Hours 80,205 73,298 137,154 B Number of Recordable Incidents with 0 0 0 not lost time accidents Number of Recordable Incidents with 2 1.46 lost time accidents 1 Total Recordable Incident Rate (TRIR) D 2.50 5•46 1.46 B+C x 200,000 1 A E Number of Fatalities 0 0 0 F Published Experirence Modification 96 80 72 Rate (EMR) Provide documentation to support the above Experience Modification Rate information. Either of the following methods are acceptable: ® Letter from insurance agent, insurance carrier, or appropriate government agency (on their letterhead) verifying the modification rate. Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 300 logs for each of the past three years. City of Fort Worth--Alliance Park Phase I & II Improvements Page 44 of 50 CMAR RFP—One Step WORKERS COMPENSATION EXPERIENCE RATING IN M Risk Name*THE FAIN GROUP INC Risk ID: 420993471 Rating Effective Date:02101/2016 Production Date: 09130/2015 State: TEXAS State Wt: Ex Excess Ex'46 i Ex Prim Aft Exc€Asses ` ' Ballast Act Inc-LQesas . Art Prim P R p= Losses LtrS585 I_Q5sA5 Lasses Tx1 .121 59.99 97,133 37,137 23,634 32,200 41,137 17,503 Expected jI)Exp Prf"m (F)Act Exr.. {GN Bill1a9t {H}'Act'IrIC (i)Ae Prim Wt tt Lasses{l]n' ) Losgos Losses' Losses 1Ff-li Lasses Losses .12 59,996 97,133 37,137 23,634 32,2001 39,735 i6,101 #'rii la Mosses. Stabrlizln Value Rataore Excess Totmis (1) C*(1 -A)+G (A)*(F) (J) Actual 16,101 84,996 2,836 103,933 (E) C*(1 -A)+G (A)"(C) (IC) Expected 37,137 84,996 7,200 129,333 ARAP FLARAp SA,RALP j IIR Ex .fnott W)I(K) Factors .80 RATING REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. ®Copyright 19912015,All rights reserved.This product is comprised of compliatians and Information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI). No further use,disseminallon.sate,transfer,assignment or disposition of this product,in whole or in part,may be made wilhoul the priorwritlen consent of NCCI.This product is furnished'As is'"As available` Alb all defects'and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or Implied warranties,including the implied warranty of merchantability,fitness for a particular purpose,accuracy,completeness,currentness,or comecluess of any information or product furnished hereunder.All responsibility for the use of and for any and all results derived or obtained through the use of the product are the and usefs and NCCI shall not have any liability thereto. Page 1 of 2 WORKERS COMPENSATION EXPERIENCE RAVING 0AVEMIRisk Name:THE FAIN GROUP INC Risk ID. 420993471 Rating Effective Date:02/0112016 Production Date: 09/30/2015 State: TEXAS 42 TEXAS Firm ID: Firm Name: THE FAIN GROUP INC Carrier. 29939 Policy No. 0001220220 Eff Date: 02/01/2012 Exp Date: 02/01/2013 Code ELk� Q- Payroll 1 1=xpectod Ezp`Prlm"' `-Claim Data 1,3 OE ::Act Inc A&PFI Ratio; I L4S58S L45St3S LasS95 LOSffeS 5213 1.86 .38 1,274,626 23,7081 9,009 5606 .36 .39 373,763 1,346 525 8742 A9 .38 161,594 145 55 88D9 .07 .35 62,400 44 15 8810 .06 .41 197,225 118 48 Subject Total Act Inc Policy Total: 2,069,608 Premium: 99,198 losses: () 42TEXAS Firm ID: Firm Name: THE FAIN GROUP INC Carrier. 29939 Policy No. 0001220220 Eff Date: 02/01/2013 Exp Date: 02/01/2014 Cnitg LR1%' qt1- Eypaefed �irARrim. airrt;!]tT = O�` GT ri .Act Inc 11rr Brim -.Ra LosseE- Lnssas Losses. Losses 5213 1.86 .38 1,240,297 23,070 8,767 5606 .36 .39 442.576 1,593 621 �J 6219 1.80 .40 224,462i 4,040 1,616 6319 1.72 .38 238,738 4,106 1,560 8742 .09 .38 197,3641 178 68 8809 ,07 .35 62.4001 44 15 8810 .06 .41 229,275 138 57 Subject Total Act Inc Policy Total: 2,635,11 Premium: 124,285 Losses: 0 42 TEXAS Firm ID: Firm Name: THE FAIN CROUP INC Carrier: 29939 Policy No. 0001220220 Eff Date: 02/01/2014 Exp Date: 02/01/2015 ...,._..- :Ela exPectud Eyp Pr!m C!aim Data IJ 4F,` Act ln� 0.ct Prliri. ' I}atTO {7SSYs L0".es. Losses Losses 5213 1.86 .38 1,523,415 28,336 10,768 6000932316 04 F 39,134 15,500 5606 .36 .39 506,017 1,822 711 1000912061 06 F 2,003 2,003 6219 1.80 .40 267.570 4,635 1,854 6319 1.72 .38 191,645 3.295 1,252 8742 .09 .38 407.965 3671 139 8809 .07 .35 62,400 44 15 1+ 8810 .06 .41 169,289 1021 42 Subject Total Act Inc , Policy Total: 3,118,301 Premium: 138,042 Losses: 41,137 ®copyright 1993.2015.All rights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI). No further use,dissemination,sale,transfer,assignment or disposition or this produck in whole or in part,may be made without the priorwritten consent of NCCI.This product is furnished As is'As available"With all defects"and includes information available at the time of publication only. NCCI makes no represenlations or warranties of any kind relating to the product and hereby expressfy disclaims any and all express,statutory,or Implied warTantles,including the Implied warranty of merchantability,filness fora particular purpose,accuracy,completeness,currentness,or correctness of any Information or productfurtished hereunder,All responsibifity for the use of and for any and all resulls derived or obtained through the use of the product are the end users and NM shall not have any liability thereto. 'Total by Policy Year of all cases$2000 orless. D Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liabilily Loss 9 Limited Loss Page 2 of 2 WORKERS COMPENSATION EXPERIENCE RATING !lfLg® Risk Name:THE FAIN GROUP INC Risk ID: 420993471 a Rating Effective Date:02/01/2017 Production Date: 09/20/2016 State: TEXAS Staw wt -BHP E"so . ExpoaLot#' EXF Prfan Aet Exelwaases B;I FIS# Ach urc 05SGr A0 PrJtn I.os�txs Lls:sas l,v$sa� L.o}�Qg X i2 fi9,52 1p0,424 38,896- &6,7861 33,250 140,789 34,003 R12 E (ti)Exp Excass- tni'Exp+3c4d {E}Exppriit>i (F}-Ai l Exa I0�.ellash ;m) Art irtr.Lose,;V%10- }. !osstrs 1.45gOSL.os- LN.l Lci&61,5281 100,424 38,896 mm ~66,786 33,260 99,387 32,601 — PrLt�amry EuS,as SIabIIlAliq yalva R.9tahlr3 Excess Totals (1) C*(1-A)+G (A)*(F) (J) Actual 32,601 87,395 8,014 128,010 (E) C*(1 -A)+G (A)*(C) (K) Expected 38,896 87,395 7,383 133,674 — --.awl.P - FLATULt' SARAP kt1A"ARAM :EX pr1l04 (J)!(K) — Factors 1 •96 RATJNG REFLECTS A DECREASE OF 70%MEDICAL ONLY PRIMARY AND EXCESS LOSS DOLLARS WHERE ERA IS APPLIED. ®Copyright 4993-2016,Alf rights reserved. This productis comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance,Inc.(NCCI).No further use,dissemination,sale,lransfar,assigrment or disposition of this product.in whole Orin part,may be made without the prierwritten eonsentof NCCI.This product is fumisbed'As is""As available-Wilh all defects'and includes information available atthe time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express,statutory,or implied warranties,Including the implied wamaatyof marchantabitify,fitness for a particular purpose,accuracy.completeness,currentness,or correctness of any information orproduct furnished hereunder.All responsibility for the use of and for arty and all results derived or obtained through the use of the product are the end users and NCCI shall not have any liability thereto. Page 1 of 2 WORKERS COMPENSATION EXPERIENCE RATING !! Risk Name:THE FAIN GROUP INC Risk ID: 420993471 Rating Effective Date:02101/2017 Production Date: 0912012016 State: TEXAS 42 TEXAS Firm ID: Firm Name: THE FAIN GROUP INC Carrier: 29939 Policy No. 0001220220 Eff Date: 02/01/2013 Exp Date: 02/01f2014 Cads I l F1 R- Payroll J Ewpeotod Emp Prrlll Iklnlmbati rd OF Ad Iiic Act Frrlrrt R601) Luisva Lassus L{5o0g I,a4afas 6213 1.73 .39 Y 1,240,297 21,457 8;36ii 5606 .32 .40 442,576 1,416 566. 5219 1.80 .39 224,462 4,046 ''1;576 6319 1.65 .36 238,738 3,939 1,418 8742 .09 .37 197.364 178 66 8809 .06 -35 62,400 37 13 8810. 06 .391 229,275 : . ,'138 54 ; Subject Total Act Inc Policy Total: 2,635.11 Premium: 124,285 Losses: 0 42-TEXAS Firm ID: Firm Name: THE FAIN GROUP INC Carrier: 29939 Policy No. 0001220220 Eff Date: 02/01/2014 Exp Date: 02/01/2015 :Coale f;€Ii f3- Rrtyrb]I . . x antatf Exp Prrm Cialni Emma 1,1 OF Willie Act Prim IQaHa Lc?s2f#s Lisa L.nsl3ea: t aSgta9 5213. 1.73 :39 1,523,415 26,355 10,278 6000932316 104 F.:: 39,'134 16,080 5606 .32 .40 606,017 1,619 648 1000912061 06 F 2,003 2,003 6219 1.8d .39 257,570 4,636 1.,808 6319 1.65 .36 191,645 3,162 1,138 8742 .09 .37 407.965 367 136 8809 .06 .35 62,400 37 13 8810 .06 .39 169,289 102 40 Subject Total Act!nc Policy Total: 3,118,301 Premium: 138,042 tosses: 41,137 42 TEXAS Firm ID: Firm Name: THE FAIN GROUP INC Carrier: 29939 Policy No. 0001220220 Eff Date: 02/01/2015 Exp Date: 02/01/2016 {arltr ELFt C1- R�yrmil - E�964 : Exp Priril' Clalrf,E1010 r.r OF' :A;Qoric - At:t Prim 1 F 3k10 I os5 s. [oSfFeS Lasses LnSSQh 5213 '1.73 .39 1,363,032 23,580 9;196 �400'1000174 05 0. 59,652 16,000 5606 .32 A0 516,600 1,653 661 6219 1.80 .39 249,267 4,487 1,750 6319 1.65 .36 167,307 2,761 994 8742 .09 .371 305,448 275 102 88o9 1 .06 .35 62.400 37 13 8810 .06 .39 246.1641 148158 Subject Total Act Inc Policy Total: 2,910,21 Premium: 125,2311 Losses: 59,662 0 Copyright 1993-2016.All tights reserved.This product is comprised of compilations and information which are the proprietary and exclusive property of the National Cotincil on Compensation Insurance,Inc.(NCCi). No further use,dissemination,sale,transfer,assign mentor disposition of this product,inwhole or in part,may be made without the priorwritien consent of NCCL This product is fumished'As is"As available"Wth all defects"and includes intormation available at the time of publication only.NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disdaims any and all express,statutory,or implied warranties,Including the implied warranty of merchantability,fitness for a particular purpose,accuracy.completeness,currentness,or correctness of any information or productfumished hereunder.All responsibiltly for the use of and for any and all results derived or obtained through the use of the product are the end user's and NCCI shall not have any liability thereto. `Total by Policy Year of all cases$2000 or less. ❑Disease Loss X Ex-Medical Coverage U USL&HW C Catastrophic Loss E Employers Liability Loss 4 Limited Loss Page 2 of 2 Exhibit I - Construction Budget and Fee Proposals Construction Budget The City's Estimated Construction Budget $ 5,500,000.00 City's Estimated Administration Budget $ 1,268,400.00 (city's project administration, inspection, material testing, and contingency) Total Project Budget: $ 6,268,400.00 Fee Proposal Pro-Construction Phase Services Fee Minimum Fee (required) $ 25,000.00 Additional Fee (Proposer's discretion, cannot be negative) $ -0- Total Pre-Construction Services Fee $ 25,000.00 Construction Phase Services Fee Fee (expressed as a percentage of GMP) 7 % Additional Cost Savings Fee (if any) 0 % Note: Only the Total Pre-Construction Fee and Construction Services Fee percentage will be read publicly at the time the RFP packet is opened. City of Fort Worth--Alliance Park Phase I & II Improvements Page 45 of 50 CMAR RFP--One Step Exhibit J n Evaluation Criteria l5valuatioii Criteria Weighted Value Cover Letter Pass/Fail Forms and Certifications Pass/Fail Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience, including safety record, self-performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history of completing Maximum projects on time. The Firm can demonstrate relevant and recognized project delivery experience 20 points through using various project delivery techniques and best practices. The Firm explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. Pricing of CMAR services (Pre-Construction Services Fees) Maximum 20 points Qualifications and Experience of Key Personnel: Demonstrated results and success with of projects of similar size and scope (CMAR and Non-CMAR Experience): Proposer's relevant experience in project delivery including: value engineering, constructability reviews, value analysis and best practices in construction delivery methods (design/bid/build, construction management at risk and design-build)and associated Pre-Construction Services. The team's value proposition is clearly communicated through experience, results and assigned roles and responsibilities. Maximum 25 points CMAR and non-CMAR experience is recognized when the team can demonstrate experience in various delivery techniques and, explain the benefits of that experience in terms of value for the City's project. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. Project Approach Pre-Construction Services: Team's approach to performing pre-construction phase services, Maximum integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet 15 points or exceed delivery timeline. Construction Approach: Team's approach to quality assurance/quality control during construction, approach to dealing with change orders from sub-contractors, dealing with delivery Maximum impacts (i.e. adverse weather, operational issues, etc.), working with stakeholder and customer 15 points communities, and achieving project close-out to meet or exceed construction timeline. QAIQC and Safety Plans: Demonstrated development and implementation of Quality Maximum AssurancelQuality Control and Safety Plans to achieve successful projects. 5 points City of Fort Worth—Alliance Park Phase I & II Improvements Page 46 of 50 CMAR RFP—One Step Cost and Schedule Control: Submission of a GMP that has Managed and controlled costs Maximum and schedules with a change management process. Addressed Owner-initiated requests. 15 points Compliance with the Business Diversity Enterprise Ordinance—Minority Business Maximum Enterprise Participation: CMAR provides track record of proven results in meeting MWBE 5 points commitments on other projects. CMAR demonstrates approaches to engage MWBE community Special Consideration for Successful CMAR services contracts Maximum 10 points Proposer's responsiveness to Request for Proposal Yes/No TOTAL City of Fort Worth—Alliance Park Phase I & II Improvements Page 47 of 50 CMAR RFP—One Step Proposer's Corporate Experience and Financial Stability Attached we have listed similar projects that we have completed over the last 10 years that demonstrate our experience with park, soccer field, and trail projects. The projects include elements of concrete walks, masonry monuments, bridges, retaining walls and various other site improvements. A large amount of our projects involve pre-construction services in which we develop GMP's, provide construction scheduling, value engineering services, review of contract documents, and providing budget cost estimates. For example we recently completed a design build project with the City of Fort Worth called Chisholm Trail Park in which we reviewed the contract documents throughout the design process and provided cost analysis for the different levels of design to ensure that the final design did not exceed the City of Fort Worth's budget for the entire project. Another example is the City of Frisco's Athletic Center project that we provided extensive value engineering options to the city in order for them to reduce their costs. This project was let under a competitive sealed proposal and this value engineering process saved the city $250,000. We have developed numerous GMP's for varying entities over the years all of which have stayed within the owner's budgets. Some of these projects include: Chisholm Trail Park, Beard Park, Switzer Park, Gateway Park, ALS, and Ratliff Offices. Many projects we do cost estimates for that are either built by Fain or other parties. We provide budgeting cost estimates to numerous cities and engineering firms so that they can establish funding for their projects. Some of these budget estimates are done with no design plans at all and are based upon some perceived quantities of what the work might entail, and some are done with 100% design drawings. We can budget any project no matter what stage of design the project is in. Project scheduling is done for all of our projects regardless of whether it is a CMAR project or a competitive bid project. We also put forth schedules during the design phases of projects and can offer suggestions as to different materials and methods to help speed the construction process. Pre-construction services are required for all of the CMAR projects we work on but many of these same processes are conducted on other delivery methods as well. Our experiences with both types of projects we feel gives us and added benefit our clients. The Alliance Park Phase I & II project will consist of extensive earthwork, concrete paving, utility work, and landscaping. These are all areas of work that Fain self performs. There shall also be some bridge construction associated with this work that Fain also self performs. This allows us to keep control of costs as well as scheduling of projects. Being able to have our own workforce available eliminates the need to rely on the availability of a subcontractor. It is also a great benefit to be able to value engineer those scopes of work through varied means and methods. Being able to perform those scopes of work allows us to control the quality of our projects as well. We understand that under the CMAR umbrella we will have to propose for these scopes of work against other subcontractors and under that pretense will keep all quotes separated fully transparent. We have identified that fencing, irrigation, signage and site amenities are also part of this project. These are all items that we will either purchase directly of will subcontract out. All of the areas of work will be put out for separate bids in bid packages to ensure the best value for the City of Fort Worth. Our audited financial statement is attached in the appendix and will demonstrate our financial stability to properly administer this contract should it be awarded to us. Key Points of Fain • Based in Fort Worth • No OSHA Violations in the past seven years • No past litigation with a client • All of our park projects have been completed on time • 30 Million a year in annual volume • Bonding capacity of $55 Million • Customer Centered Approach Please see Exhibit B - Statement of Experience for the relevant projects. Proposer's Corporate Experience Project Contract Amount Project Duratior Completion Date Six Points Urban Viloge $2,357,709,60 In Progress 11/18 Removing concrete povementisidewalks,asphalt and installina concrete pavementlsldewalks,asphalt Ennis Downtown Streetscape Improvements $7,403,950.96 In Progress 06/19 Redevelopment of 4 blocks and removal of existino streetscol2e and installing new streetsca e Fort Worth Zoo Shop Utilities $536,571.00 In Progress 10/18 Sanitary sewer&storm drain Improvements for the shop and warehouse. Fort Worth Zoo Shop and Warehouse $2,49028.00 In Progress 11/18 New construction of a one story shop building and warehouse Granbury Town Square $2,598,607.00 In Progress 09/17 Streetscape,pavement,drainage and pavement marking improvements Bachman Lake Park-Loop Trail Renovation Ph II $2,138,524.29 200 Days 10/17 New asphalt and concrete trails,masonry fitness stations and landscape amenities Transportation Connections for Pedestrians and Bicycles PH it $3,222,964.20 220 Days 11/17 Pedestrain bridge over the Trinity River,concrete trails,culverts,mason ,sod and low water crossings The Bridges Amenity Center $821,775.73 120 Days 10/16 Site improvements,installation of water,drainage,paving,electrical,landscaping&Irrigation Old Town Keller West $4.250,C00.00 270 Days 09116 Pedestrian,parking spaces road paving,storm drainage water sanitary sewer and gateway structure FW Nature Center Boardwalk Redevelopment $1,178,934.50 215 Days 09/16 Demolition and new construction of existing pathways,boarwalks,walks and pavilions Transportation Connections for Pedestrians and Bicycles PH t $1,438,687.96 250 Days 07/16 Earthwork,concrete sidewalk paving,concrete parking lot pavement street markings and regulatory traffic si na e Ridglea Urban Village Streetscape Improvements $546,968.00 128 Days 06/16 Streetscape Improvements and enhanced pedestrian crosswalk,landscaping and irrigation and water line replace Gateway Park East Redevelopment $2,087,814.00 280 Days 02/16 Trail and observation post improvements Chisholm Trail Community Park $3,411,110.00 360 Days 05116 New skate ark and 2ark amenities Board Park $1,538,174.76 180 Days 10/15 Park playground and restroom improvements Northwest Community Park $878,122.50 180 Days 11/15 Park and dam Improvements Vitruvian Park Amphitheatre Improvements $3,629,646.00 120 Days 05/15 Reconstruction of Am hithreatre with concrete bench seating TxDot 157 Improvements $7,273,170.00 280 Days 05/16 Meridian concrete,sidewalk and driveway improvements includes asphalt overlays,minor street signal and utility improvements TxDot St.354 Pedestrian Structures and Sidewalks $4,890,594.00 220 Days 04/16 Sidewalk,driveway and pedestdon bridge improvements Frisco Athletic Center $6,749,635.54 360 Days 06115 Expansion to the existing aquatic center,lazy river expansion play features concession stands and ticket booths Safari Splash Aquatic Play Area $1,530,152.64 270 Days 05/15 Splash park.pedestrian bridge.bath house concession stands and board walk Marine Creek Boardwalk $420,539.00 120 Days 11114 Boardwalk,pedestrain crossing,decking steel railing/frame,bench,concrete abutments and landings Switzer Park $515,D56.00 90 Days 08114 Improvements to the park,added spray ark pavillions and landscaping Cedar Crest Bridge $5,072,792.96 350 Days 05/15 Bridge and gateway improvements Walter Leudeke Park $1,131,164.00 180 Days 01114 Park Im rovements Handley Urban Village $277,741,55 55Days 03/14 Curb and utter,concrete sidewalk,landsca a/irri ation and pavement markings Magnolia Urban Village $1,227,222,50 168 Days 06/14 Curb and gutter,pavement,sidewalk,pavers,ramps,pod light poles/assemblies,lightpole foundations shafts,conduit,conductors,landscappIngfirrigation,pavement markings Berry/Riverside Urban Village $492,080.46 108 Days 02113 Streetscape Improvements Urban Village-Near East $556,011.13 150 Days 05/13 Streetscape Improvements Lake Ridge Parkway $3,543,639.40 178 Days 06/14 Hike and bike trail West Rosedale Bike/Pedestrian Project $3,244,347.85 240 Days 01114 Bike and Pedestrian Trail Downtown Streetscaping&Andy K Wells Trail Ext. $5,187,102.84 400 Days 02/14 Historic downtown streetscape Including concrete walks,landscaping,brick pavers,water services, and asphalt naving Virldian Park Lane Frontage $1,361,878.79 300 Days 10112 Park and entry Improvements Cedar Springs Streetscape $27,050,020.00 550 Days 04114 Street and streetscape improvements Twin Points Park Phase I $575,500.00 90 Days 01/12 New boat romp and fishing dock Katy Trail Extension Phase IV $4,943,592.88 319 Days 04116 New concrete trails,pedestrian bridges,and retaining walls Cobb Park Phase I Park improvements $3.293,880.83 280 Days 04112 New entry road and playground facilities Marine Creek Trail $162,825.00 60 Days 09/10 4500 linear feet of new 11-foot wide concrete hike and bike trail around Marine Creek Lake Pilot Point Streetscape $229,424.37 180 Days 02111 Concrete sidewalks and paving, Concrete Street and Light Rehabilitation $1,900,614.53 320 Days 1 11/11 Replacement of concrete streets,sidewalks,and light pole bases Pampa Aquatic Center $4,162,703.00 359Days 06/11 New lop poor,leisure pool,water slide,bathhouse,concession,stand,pavilion,playground, wolkfng trail and new parking lot 9th Street Pedestrian&Streetscape Enhancements $2,788,381.76 225 Days 01/11 Landscaping,brick pavers,construction and amenities in downtown Fort Worth Camp Bowie Sports Complex $3,427,490.00 251 Days 12/10 12 new ball fields with sports lighting,3 new concession stands bathhouses,and major earthwork Lake Carolyn Promenade $2,199,720.00 160 Days 10110 Streetscape improvements consisting of sidewalk,site amenities,landscaping&irri ation Liberty Lake Park $263,318.80 60 Days 09109 Construction of a park facility including❑pond and drainage improvements 7th Street Museum Way $936,472.27 210 Days 04/10 Streetscape construction including lighting,irrigation and landscaping,paving,retaining walls and brick pavers Little Bear Creek Troll $53 429.00 60 Days 08109 Trail extension Downtown Pedestrian&Automobile Enhancement $b00,679.66 210 Days 09/09 Streetscape and illumination of several streets In the courthousesquare area Manderville Lane Streetscape Improvement $5,061,217.00 290 Days 07110 Streetscape construction including new paving,sidewalks,landscape and Irrigation,along with many amenities and lighting Rolling Oaks Memorial Center $2,827,558.00 270 Days 05/09 Infrastructure improvement for cemetery,including column boruim&pavilion Ratliff Hardscape Offices $2,120,347.95 210 Days 05/09 New 6,167 SF office building&new 6,678 SF track garage Mclannoy Downtown Square $2,305,020.01 301 Days 09108 Constriction of the downtownsquare,new hofdsca e,walks and amenities DFW Founders Plaza $3,582318.00 248 Days 08/08 Visitors area beautification including viewing areas,airport beacon and amenities Cedar Street Improvements $1,466,168.00 240 Days 07/08 Sidewalk and street infrastructure and beautification Barbara Hitzelberger Park $724,444.00 120 Days 04108 Indonesian stone fountain with irrigation,decomposed granite and stone scathing Greenville Downtown Streetscape Improvement $1,228,046.00 240 Days 11107 New h❑rdsca e,walks and amenities Little Elm Park Beach $586,706.20 90 Days 12106 Construction of a public beach facility Rowlett Downtown Streetscape Improvements $2,1%,561.08 270 Days 11/06 Sidewalk beautification including fountain installation NRH Parks $966,637.89 270 Days 08/06 Three separate park facilities Including playgrounds,sidewalks,basketball courts and amenities Frisco Lakes by Del Webb $1.581.692,00 120 Days 03106 Fountain and entry feature construction including rock wall scoping Johnny Broyles Lakeside Trail $286,073.00 120 Days 07/05 Sidewalk trail construction abutting Lake Lewisville American Landscape Systems $2,002,411.78 180 Days Ol/06 Construction of a three building corporate facility Including office building Qualifications and Experience of Key Personnel Our proposed team members are listed below, together they comprise over 80 years of construction experience and have all been involved in the CMAR process before. We feel their experience will be a vital asset to the City of Fort Worth on the Alliance Park Phase I & 11 project as they have done in the past. Robert Hawkins is our proposed superintendent and has recently completed Bachman Lake Park -- Loop Trail Renovation Ph 11 which consisted of new asphalt, concrete trails, masonry fitness stations and landscaping amenities. Robert has experience with concrete paving, earthwork and all manners of civil construction. Our superintendent will have the responsibilities of providing the on-site daily supervision for the project which will include scheduling of subcontractors and suppliers, managing the surveying and layout, planning the daily activities, ensuring all safety measures are met, and providing quality control for the project daily. Robert will be dedicated to this project for 100% of his time. Robert and Larry are currently working together on our Fort Worth Zoo Shop and Warehouse project and work great as a team. Our project manager, Larry Frazier has an extensive background in construction management and has been essential in our pre-construction services in the past. He was most recently involved in the value engineering process for both Frisco Athletic Center and Old Town Keller West. Larry will be a part of the project from the contract inception to the final closeout in which his responsibilities will include putting the bid packages together, scheduling, contracts and purchase orders, site meetings and the overall management of the Alliance Park Improvements Project. We estimate the he will spend approximately 50% of his time dedicated to this project. Our estimator Travis Bell has conducted budgeting exercises for varying degrees of design document completion and GMP establishment. He is our estimator for all of our projects whether it be budgetary or a competitive proposal. He is extremely thorough and complete with all of his estimates and will provide budgetary estimates for the remainder of the design through the GMP which would constitute about 25% of his time. Mike Gilbert will serve as the quality control manager for the project. Mike has been involved in several projects that Fain has performed and acts as our general superintendent and quality control manager. He has overseen the preconstruction in several projects along with all of the constructability reviews and establishments of the GMP. He will be involved for 50% of the pre-construction phase and approximately 25% of the construction phase of the project. All of our team members will be available throughout the pre-construction phase as well as the construction phase to help ensure the success of the project. During the preconstruction phase all of our team members will be available as much as is necessary to aid in the establishment of the GMP, any value engineering that is required, MBE proposal conferences, design review and any other needs that may arise during pre-construction. a. Project Manager - Larry Frazier b. Project Estimator-Travis Bell c. Superintendent- Robert Hawkins Please see attached resumes for Larry Frazier, Robert Hawkins, and Travis Bell in the Appendix Parks Department Bryan Lyness Fain Quality control Fain Project Manager Fain Estimator Mike Gilbert Larry Frazier Travis Bell Fain Project ouperintendent Robert Hawkins Subcontractors/Suppliers Value Engineer, Value Engineering reviews are something we are extremely familiar with. Our firm completes some form of value engineering on every project we do from large too small. The Frisco Athletic Center was one project that was considerably over the owner's budget and we presented a multitude of options to reduce that budget by over $500,000,00. Our ideas were not all used some were accepted and some were refused but the net result was a generous amount of savings to the City of Frisco. For two of the projects we listed in our experience section, the Chisholm Trail and Switzer Park projects both had value engineering exercises preformed on them after the initial budget was established to help reduce the cost impact. Another example is the Pampa Aquatic Center. We reduced the budget by $42,000,00 allowing the Aquatic Center to move forward when budget issues threatened to kill the project. The Brownwood Sports Complex project began as a $6,365,000 project and through value engineering we were able to reduce the overall construction costs to $3,427,000. This was achieved through product changes, means and methods and reducing the scope of the project. Ali of the original elements of the project were left in tact and gave the City of Brownwood a 12 field baseball complex. Pro-Construction Services Experience Fain has participated in numerous projects in the pre-construction phase. We produce and evaluate budgets for several engineering firms in this area. We are called upon to create comparison budgets as well as establish new budgets for projects in various phases of the design. Sometimes these projects need very preliminary pricing to see if the project is even feasible and some need final hard costs to establish budgets before projects are let for bidding. We have provided this service on an extensive number of projects throughout North Texas. The key component to pre-construction services is communication. We feel good open communication ensures the exchange of information that is vital to providing the cost analysis, material procurement and design achievement that is critical to each and every project. We pride ourselves on keeping all information above board so that all parties involved are aware at all times in what state the project is in. Project Approach Preconstruction Services Fain is committed to providing clients with a completely transparent approach to the CMAR process. We believe this approach establishes a true partnership. We feel it is our duty to provide the City of Fort Worth, as the construction manager, a most cost effective project and to meet and/or exceed the quality expectations of city. Fain has worked with the City of Fort Worth on several successful projects and our intent is to provide the city with the same excellent level of service as before. We like to work in a team environment to ensure the Construction Manager, the Owner, the Engineer, and the subcontractors have a complete understanding of every step. Budgetary costing is an element of the pre-construction activity in which Fain would provide cost estimating services for the design review as needed which could be as common as 75% and at 95% of the design completion process. Each review that is done will be done with a cost estimate, a proposed schedule for that specific design, as well as recommendations for cost savings and/or construction sequence enhancements. Cost savings analyses are something our firm has done countless times. The Camp Bowie Sports Complex for example was initially estimated at $6.3 million but through a strong value engineering process it was constructed for $4.5 million. The Pampa Aquatic Center we constructed was originally bid at $4.4 million dollars and was value engineered to an amount of $3.7 million. During these process' we try and put together as many cost saving items as we can and then allow the Owner and/or design team to pick and choose those that are the least critical to the project. Sometimes hard decisions have to be made as to what might removed from the project, but there is almost always a way to meet a specific budget. The City of Fort Worth, Fain, and Freese & Nichols will be conducting the design reviews so that all parties involved will have input. An avenue of communication must be opened between Fain and the City of Fort Worth to facilitate the impact of the schedule and construction costs during the entire design process and not just at the design review steps, During this process of design review the team will be focusing on constructability, individual details and specified materials. These three elements can drive a project both in cost and schedules. Different materials and methods of construction can be suggested that could greatly reduce the amount of cost and time that is associated with the project. For example a change from 3500 psi concrete to 3000 psi concrete over a mile of trail could potentially save $5,000, and changing the alignment of the trail to a less severe slope could eliminate the need for retaining walls and mass excavation and embankment and the economic impact could be enormous. We strive to obtain at least 3 bids for each scope of work with which we will evaluate on the merits of manpower, price, quality of their work and commitment to safety. Once we have made our evaluations of the proposals, we would present these quotations to the City of Fort Worth with the pros and cons of each. We would then execute subcontracts and purchase orders for each scope of work. As the scopes of work are distributed, we like to get input from each major subcontractor with regards to scheduling, logistics, safety, and security. This provides us the information regarding long lead items, constructability, and phasing we need to construct a viable schedule. We will conduct these operations during the preconstruction phase as well, however at this time it will be with the selected contractors and suppliers who have provided the best value to the project. It would be at this time that any value engineering that may be required is done to help the project overcome any budget deficiencies. Construction Approach As the CMAR we feel it is our responsibility to provide the coordination for all of the parties that are involved. We will need to provide each subcontractor with sufficient workspace, which will require planning and coordinating with other trades. We will need to ensure that each subcontractor is providing the correct materials for the project through the submittal process and through our quality control checks. Fain will need to provide the Owner with as much information as possible to keep him informed of the progress of the work both as it refers to the budget and scheduling of the project. We can achieve this through regular meetings and constant correspondence. Providing both the owner and design engineer with regular scheduling and cost updates, while obtaining their input for individual items of work is essential. An open and honest approach is how we like to conduct each of our projects, a transparent policy in which the client is shown all elements of our budget. Once the construction phase is entered it will be our responsibility for project supervision, cost control, and the adherence to the schedule. We are proposing our best project team to accomplish these goals. We will conduct weekly updates to the schedule to pinpoint any short comings and work solutions to resolve the time lost. We will field all budget revision requests from any subcontractor or supplier and evaluated them on their work to ensure a fair value for the owner and will subsequently process all change documentation that might be required. We will also oversee the daily activity operations of the construction and provide quality control. Construction testing will be provided by a third party testing agency but daily installation and aesthetic finishes will be overseen by our project superintendent. Coordination between all parties involved in the project is key. Weekly construction meetings will be held and using the same matrix as we did in the preconstruction phase all duties to be accomplished shall be reviewed and allocated and each party will be held accountable for their specific duties, For example a subcontractor might be held responsible for completing certain tasks according to the schedule, Fain might be responsible for providing submittals by a certain date and the design engineer may be responsible for providing a specific detail for construction. One skill set that Fain is able to provide is that most of the projects we work on are primarily comprised of scopes of work that we do with our own forces. This provides us with the ability to supplement a subcontractor who fails to meet completion deadlines. We have been forced to do this in the past in which a particular project is behind due to inadequate manpower of a subcontractor. To us it boils down to being able to provide a project that we can proudly tell our children and families that we were involved in. When we can provide the City of Fort Worth with a project that gives them the same sense of pride and accomplishment, we feel we have completed our task. GA/QC and Safety Plan Our established Quality Control and Safety Plans shall be enforced at all times throughout the project. Our experience modifier rate is at the current level out diligence adherence to our safety policies We attribute that to the fact that we never put the completion of any activity before the safety of the individual. We can always finish an activity later but we can never make an injury not occur. We instill in all of our employees the self policy of themselves and the people around them. Once they take responsibility for themselves then the superintendent for the project has a lot less concern for those individuals. Ultimately it is the superintendants responsibility to enforce our safety rules on each jobsite, but we try to instill in each subcontractor and employee to police themselves. Quality control and assurance will be addressed on a daily basis. All materials testing will be performed by an outside service, and our superintendent and assistants will conduct the day to day quality assurance items in compliance with Fain QC program. Should we take care of the daily occurrences the last will take care of themselves. Any quality issues will be addressed at the point of incident with the appropriate party and resolved either by correction of the work or replacement of the work. The matter will also be reviewed at our weekly jobsite meetings to help insure the incident does not occur further. Should the matter persist then further action will need to be taken against the subcontractor and /or supplier. The best way for us to ensure a quality project is to start from the beginning of the project. Our Cedar Springs project was a difficult one in that it was under live traffic in a very upscale neighborhood. One of the first activities of the project was demolition. During that phase the adjacent work was being damaged by the removal of the existing work. This had to be addressed at that time to ensure that the existing work to remain in place looked just as crisp as the new work we installed. Addressing this issue at the beginning of the project led to a very successful project. The Safari Splash Project that we completed was inhibited by the size of the site. There was very little room to accommodate the amount of work that had to take place. Subsequently much of the underground piping has to be stacked on top of each other. Sanitary sewer lines are underneath drainage piping that is underneath pool supply and drain lines that are in the same ditch as the electrical and IT conduits. It is taking and extensive amount of time to review and ensure that proper pipes are located and tested before any concrete can be placed on top of it. Cost Control We have attached a cost sheet breakdown that was recently used in our GMP delivery for the Chisholm Trail Park project. It should demonstrate the level of cost breakdown we generally provide. More or less information can be provided depending on the client but this is a good representation of a typical budget. Costs are always better established as early as possible in the CMAR process. The earlier in design development we can obtain accurate costs the easier it is to modify aspects of the project to help mitigate, if any, cost over-runs. A value engineering exercise is a key component to helping reduce costs and is something we have done on almost every project. The avenue is left open to modify budgets relatively easily once the initial costs have been identified. We would like to see an initial budget set up as early as we can given the state of the design documents, which in this scenario will most likely be at the 30% design review. Once the GMP is established and accepted by all parties it will be the basis for the completion of the project. Should a subcontract change order be initiated by the subcontractor, Fain will evaluate each proposal and will be rejected should it be found to be unwarranted. The only legitimate change that will be allowed under the GMP will be those that are initiated by the Owner, those that are additions/deletions and or drastic changes to the original scope of work. Unforeseen conditions can also be subject to change as well but will be reviewed on an individual basis. GMP costs savings can be dealt with in any number of ways. We feel an equitable split of 50% to each party is fair but is of course subject to negotiations at the time of the contract. Schedule Control The decision making process is always the most significant individual driver to the adherence to any schedule. This process is made much easier when all lines of communication are open at all times. All subcontractors submitting proposals for each scope of work will be required to demonstrate their ability to commit the manpower, equipment and supervision to keep the project on schedule at all times. Bidders who do not demonstrate this ability will be valued less in the review process. This will ensure that we take advantage of the best subcontractors to complete the project as scheduled. Our firm uses a Primavera scheduling program which is the most prevalent scheduling software for the construction industry. Fain will update their schedules on a weekly basis and shall report an updated schedule monthly or sooner if needed to all parties involved in the project. We pride ourselves on adhering to the schedules we establish and require our subcontractors to abide by that schedule as well. Our schedules will be discussed at our weekly progress meetings with our employees and subcontractors to keep our progress updated. One tool that can provide a way to decrease the project delivery time is to begin scopes of work early in the CMAR process to ensure timely completion. A component of the Alliance Park project that could allow for a reduction in the project time is to begin the clearing and grubbing phase of the project immediately possibly even before the grading plans are completed by Freese & Nichols. The field and roadway alignment could be established and clearing completed This could allow for the review of the site for potential grade questions and provide for other work to proceed accordingly. Another avenue of potential time savings could be the combination of the two phases into one if a preliminary budget could be established to set some initial cost parameters. This would allow us to capitalize on the use of the grading equipment without the need for separate mobilizations and should increase our efficiency. Another aspect could also be beneficial in that our firm also performs earthwork, concrete and utility work by its own forces which may be another benefit to completing the project early and providing quality economical scopes of work ■ FORT WORTH ■ FAIN Chisholm Vail Park GMP Presentation October T 2015 ITEM/DESCRIPTION UNITS QTY COST TOTAL SWPPP LS 1 $ 2,245.00 $ 2,245.00 Barricades, Signs and Traffic Handling LS 1 $ 2,500.00 $ 2,500.00 Temporary Project Signs EA 2 $ 375.00 $ 750.00 Erosion Control Measures LS 1 $ 9,243.00 $ 9,243.00 Construction Entrance LS 1 $ 4,212.00 $ 4,212.00 Tree/Vegetation Protection LS 1 $ 600.00 $ 600.00 Earthwork Site Topsoil Stockpile CY 18,075 $ 2.75 $ 49,706.25 Site Excavation CY 45,588 $ 2.40 $ 109,411.20 Site Embankment CY 33,525 $ 2.40 $ 80,460.00 Skate Park LS 1 $ 591,500.00 $ 691,500.00 Lime TN 112 $ 145.00 $ 16,240.00 Lime Stabilization SY 6,779 $ 2.05 $ 13,89695 Concrete Concrete Integral Curb LF 1,215 $ 3.87 $ 4,702.05 6"Concrete Paving SY 4,764 $ 37.06 $ 176,553.84 5"Concrete Paving SY 2,015 $ 35.68 $ 71,895.20 5"Concrete Sidewalks SF 88,761 $ 3.98 $ 353,268.78 Playground Border LS 1 $ 13,720.00 $ 13,720.00 Pier Abutment EA 1 $ 8,920.00 $ 8,920.00 24'x24' Pavilion Foundation EA 1 $ 10,312.00 $ 10,312.00 40'x40' Pavilion Foundation EA 1 $ 26,144.00 $ 26,144.00 18"Drilled Shafts LF 192 $ 102.00 $ 19,584.00 Bridge Abutment EA 2 $ 9,950.00 $ 19,900.00 Enhanced Colored Concrete Paving SF 3,092 $ 10.59 $ 32,744.28 Bridge Deck LS 1 $ 3,360.00 $ 3,360.00 Type 2 Barrier Free Ramp EA 2 $ 800.00 $ 1,600.00 Type 10 Barrier Free Ramp EA 1 $ 800.00 $ 800.00 Enhanced Barrier Free Ramp EA 2 $ 1,370.00 $ 2,740.00 Landscape/Irrigation Bermuda Sod (Outside Fence) SY 1 2,284 $ 3.38 1 $ 7,719.92 TIF 419 Sod SY 24,183 $ 3.38 $ 81,738.54 Irrigation LS 1 $ 100,540.00 $ 100,540.00 Boulder Placement LS 1 $ 750.00 $ 750.00 Shumard Oak EA 5 $ 575.00 $ 2,875,00 Cedar Elm EA 5 $ 575.00 $ 2,875.00 Bur Oak EA 1 $ 575.00 $ 575.00 Desert Willow EA 1 $ 575.00 $ 575.00 Mexican Feathergrass EA 95 $ 13.50 $ 1,282.50 Red Yucca EA 22 $ 30.00 $ 660.00 Decomposed Granite SF 420 $ 3.50 $ 1,470.00 Bed Prep LS 1 $ 950.00 $ 950.00 FGM Hydroseed SF 149,543 $ 0.18 $ 26,917.74 Hydroseed SF 258,445 $ 0.18 $ 46,520.10 Spread Baled Seeds SF 55,892 $ 0.08 $ 4,471.36 Laser Grading of Fields LS 1 $ 15,000.00 $ 15,000.00 Fencing 6'Chaln Link Fence LF 1,332 $ 15,50 $ 20,646.00 16' Chain Link Fence LF 548 $ 47.00 $ 25,756.00 15' Double Gate EA 1 $ 1,604.00 $ 1,604.00 7'-6"Single Gate EA 1 $ 750.00 $ 750.00 Utilities Water LS 1 $ 60,300.00 $ 60,300,00 Storm Drainage LS 1 $ 88,400.00 $ 88,400,00 Turf Mat SY 122 $ 22.00 $ 2,684.00 Electrical 24' Pavilion EA 1 $ 2,575.00 $ 2,575.00 40' Pavilion EA 1 $ 6,571.00 $ 6,571.00 Electrical Service LS 1 $ 29,250.00 $ 29,250.00 Light Poles EA 3 $ 7,000,00 $ 21,000.00 Sealants LS 1 $ 19,900.00 $ 19,900.00 Playground-Accessible Playground LS 1 $ 90,725.00 $ 90,125,00 Playground Drainage LS 1 $ 12,727.00 $ 12,727.00 Pond Amenities Fishing Pier EA 1 $ 38,536.00 $ 38,536.00 Pavilions Pavilion(24'x24') EA 1 $ 21,255.00 $ 21,255.00 Pavilion (40'x40') FA 1 $ 56,630.00 $ 56,630.00 Site Amenities Drinking Fountains EA 2 $ 2,650.00 $ 5,300.00 Benches EA 5 $ 1,362.89 $ 6,814.45 Picnic Tables EA 4 $ 776.16 $ 3,104.64 Trash Receptacle FA 5 $ 538.44 $ 2,692.20 Grille EA 1 $ 738.08 $ 738,08 Soccer Goal EA 4 $ 982.25 $ 3,929.00 Bleachers EA 4 $ 3,842.00 $ 15,368-00 Player's Benches FA 4 $ 503.00 $ 2,012.00 Corner Markers EA 8 $ 166,62 $ 1,332.96 Installation of Site Amenities EA 21 $ 200.00 $ 4,200.00 Pavement Markings LS 1 $ 4,749.50 $ 4,749.50 Pedestrian Bridges Pedestrian Bridge EA 1 $ 19,600.00 $ 19,600.00 Bridge Installation EA 1 $ 13,248.00 $ 13,248.00 North Parking Lot Site Excavation Cy 624 $ 2.40 $ 1,497.60 Decomposed Granite SF 3,319 $ 3.00 $ 9,957.00 North Parking Lot Curb LF 782 $ 3,87 $ 3,026.34 North Parking Lot 6"Concrete Sy 1,062 $ 37.76 $ 40,101.12 1"of Concrete In Lieu of Lime Sy 1,062 $ 3.60 $ 3,823.20 1"of Concrete Under Paving In Lieu of Lime Lime TN -112 $ 145.00 $ (16,240.00) Lime Stabilization SY -6,779 $ 2.05 $ (13,896.95) 1"of Concrete In Lieu of Lime Sy 6,779 $ 3.60 $ 24,404.40 SUBTOTAL CONSTRUCTION COSTS $ 2,556 999.26 SUBTOTAL DESIGN COSTS $ 280,269,00 TOTAL DESIGN &CONSTRUCTION COSTS $ 2,837,268.25 DESIGN BUILD MANAGEMENT FEE $ 207,120.58 GENERAL CONDITIONS $ 331,431.00 GUARANTEED MAXIMUM PRICE $ 3,375,819.83 PROJECT BUDGET $ 3,400,000.00 CONTINGENCY $ 24,180.17 TOTAL DESIGN - BUILD COSTS $ 3,375,819.83 Alt. 1 Mowstrip Under Soccer Field Fence Mow Strip Under Soccer Field Fencinj LF 1 1,883 $ 12.00 $ 22,596.00 $ 22,596.00 Alt. 2 North Parking Solar Light Solar Light FA 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 TOTAL DESIGN - BUILD COSTS (INCL.ALT.) $ 3,408,415.83 DUNAWAY Chisholm Trail Park Original Budget ITEMS/DESCRIPTION UNITS QTY COST TOTAL Delta Mobilization LS 1 $ 30,000.00 $ 30,000.00 (30,OOQ_OC�) SWPPP LS 1 $ 2,245.00 $ 2,245.00 $ - Barricades, Signs and Traffic Handling LS 1 $ 8,523,00 $ 8,523.00 (6,023,00) Temporary Project Signs EA 2 $ 408.00 $ 816.00 $ (66.00) Erosion Control Measures LS 1 $ 8,523.00 $ 8,523.00 $ 720.00 Construction Entrance/Exit LS 1 $ 1,962.00 $ 1,962.00 2,250:01) Tree/Vegetation Protection LS 1 $ 1,180.00 $ 1,180.00 $ (580.00) Site Topsoil Stockpile SY 171828 $ 0,65 $ 111,688,20 $ (61,981.95) Site Excavation CY 20000 $ 2.50 $ 5(),()00,00 $ 4,#11,i0 Site Grading CY 20000 $ 2.50 $ 50,000.00 3 .t60, Q Skate Park(concrete, ramps and fencing) LS 1 $ 648,000,00 $ 648,000.00 $ (56.500.00) NIA 16,2411.00 N/A $ 11,895.96 N/A 4.70 .V5 Parking Lot @ Skate Park- (concrete) Sy 9071 $ 40.00 $ 362,840,00 $ (186,286.16): N/A _: 0 Trails(8'wide concrete) SF 89744 $ 4,50 $ 403,848.00 $ (50,579.22) NIA W20.00 N/A 8.920.00 N/A $ 10.312.00 N/A 26.144,00., N/A $ 19. 84.00 N/A S 1$. >;1.C1 N/A $ :�2,7".28 N/A 3.360.00 N/A S 80C1.ab _ N/A T �,740.00 N/A $ 7,,119 92 N/A S _81.738 54.'- Soccer Fields-(2 adult-sized- irrigated/unlighted) LS 1 $ 198,000.00 $ 198,000.00 $ �97,460.00) N/A _ Parking Lots-Tree Plantings per code EA 20 $ 572.00 1 $ 11,440.00 (8,565.01}) N/A t ,675166 N/A $ 575.00 N/A $ 5716,00 N/A 1,282,50 N/A 661100 N/A T.A70-00 N/A 950.00 Native Prairie Preservation/Open Space SF 553977 $ 0.16 $ 88,636.32 {61,718,SB) N/A _$ 46,520-10 N/A $ 4.471.36 N/A 20,646.0U N/A 25,756,00 N/A $$ 1.604-00 N/A 756.00 Water Utility(onsite-modify) LS 1 $ 9,700.00 $ 9,700.00 .52.100.f)a � Storm Water Management using iSWM measures LS 1 $ 11,270.00 $ 11,270.00 77,130.00 N/A 2.684.00 N/A 2,575.00 N/A $ 6 571-13f) Electrical Utility(onsite-modify) LS 1 $ 8,700.00 $ 8,700.00 20,550,01J . Security Lighting EA 10 $ 6,044.00 $ 60,440.00 $ (39,440,00) N/A $ 19.900.00 Playground-Accessible(perimeter and equipment) LS 1 $ 132,000.00 $ 132,000.00 (41,2 N/A $ 12,727,1�0 Pond Amenities(optional) EA 2 $ 51,700.00 $ 103,400.00 $ (64.864.01)) Pavilion (24'x 24') EA 1 $ 48,000.00 $ 48,000.00 $ (26,7.45-00) Pavilion (75'x 3-1) EA 1 $ 135,820.00 $ 135,820.00 $ (79.190.00) Drinking Fountain(s) EA 2 $ 3,600.00 $ 7,200,00 $ (1,900-00) NIA 6,814.45 N/A 3,10d,64 NIA 92.20 N/A 78.tJ N/A N/A * m.011 N/A $ 2,#712.il0 N/A N/A N/A jl,749M N/A $ 19,6110.00 N/A ;2f8. 0 N/A 7:957. N/A $ 3,026. Parking Lots @ Trail/Pavilion - (concrete) SY 791 $ 40.00 $ 31,640.00 $ _.8.4.61,1 NIA §g N/A $ {16,240M0 N/A $ (13,896.95) NIA DESIGN COSTS LS 1 $ 280,269.00 $ 280,269.00 $ - Construction Management Fee LS 1 $ 206,400.00 $ 206,400.00 $ 12,600.00 N/A � 3 31.431.UU Contingency 10% LS 1 $ 100,000.00 $ 100,000.00 $ (Ta0,D00-00) TOTAL DESIGN - BUILD COSTS $ 3,112,540.52 Alt. ! Mowstrip Under Soccer Field Fence N/A N/A $ 19;90L1.0Q TOTAL DESIGN - BUILD COSTS (INCL.ALT.) $ 3,112,540.52 MBE Plan Construction The Fain Group is dedicated to meeting the MBE goal during the construction phase of the project. We acknowledge the goal of 15% participation for the project and will strive to meet that goal. Fain has yet to construct a project for the City of Fora-Worth in which it has not met the participation goal. Below is our plan of action for meeting or exceeding that goal. At this time there is not enough defined to provide accurate dollar values and percentages to project, but our plan of action should ensure that we meet the 15% goal. 1 . The most recent list for each subcontracting/supplying scope of work shall be obtained from the City of Fort Worth MBE office. We have identified the following areas of work that are potentials for MBE participation for this project; • Earthwork/Grading • Concrete Trail & Structures Masonry ® Electrical ® Fencing ® Landscape/Irrigation Utility Construction Demolition ® Signage ® Site Amenities 2. Scope of work packages will be written in such a way to provide for the above items to be bid upon by all the NCTRCA certified bidders. 3. We will strive to put all bid packages out at the some time but some packages may be put out earlier, particularly the earthwork and possibly the concrete portion of the project. Potentially these items could be let as early as November 2018. The remaining items of work will most likely be advertised in January of 2019. 4, We will strive to have all tier 1 contractors and suppliers but should other potential tiers be identified then they will be listed as well. Special Consideration for Successful CMAR services Our attached CMAR projects should demonstrate the projects that we have excelled in. Gateway Park East Redevelopment and Chisholm Trail Community Park are the two projects we are currently working on with the City of Fort Worth. FAIN Switzor Park Project Description: This project consisted of replacing the swimming pool with a spray park, upgrades of the asphalt walking trail with concrete, two new pavilions, seat walls and landscaping. Renovations to the existing bathroom were completed during this project as well. Project Location: City of Sanger Contact Amount: $515,056 Project Delivery Method: CMAR Project Completion: Switzer Park was finished on time and within budget. ca FAIN Safari Splash Aquatic Play Area Project Description: Safari Splash is a 14,000 square-foot splash area added to the Fort Worth Zoo. It's a zero-depth water play area equipped with four slides, a water dump tower, a fill wall for your water toys, animal-shaped water cannons and a designated toddler play area. Large architectural concrete walls surround the facility that also contains a pump house, bathroom building, concession building and a filtration building. A new boardwalk and pedestrian bridge allows access to the park across a creek from the main zoo entrance. Project Location: Cit of Fort Worth Contract Amount: $1,530,152.64 Project Delivery Method: CMAR Project Completion: Safari Splash was completed on time and within budget. k f - V "_' Vf th. ..ATM-. .I FAIN Chisholm Trail Community Park Project Description: This project is a 16,000 sq. ft. Design-Build Skate Park and includes park amenities. It will have two new soccer fields, a playground with multiple pavilions, nature trails with overlooks, and fishing piers around the park. This is a new park to the City of Fort Worth system but is being built on an existing park land that hosts the Chisholm Community Center. Project Location: City of Fort Worth Contract Amount: $3,411,110.00 Project Delivery Method: CMAR _ Design/Build Project Completion: This project was completed on time and within budget. - - doer r FAIN Gateway Park East Developmo rnt Project Description: This project consisted of renovations to the 1000 acre existing park in Fort Worth. Various amenities were added to the park including a pre-fabricated pedestrian bridge, site amenities, restroom enclosures, new parking lots and trash receptacles. Two observation decks were also installed with informational exhibit boards. Project Location: City of Fort Worth Contract Amount: $2,087,814.00 Project Delivery Method: CMAR Project Completion: Gateway was completed on time and within budget. F I '� tinl i / .............. 5k FAIN Beard Park Project Description: This project was a new 6.5 acre park with a one of a kind playground; nature trails, and integral colored concrete surrounding the park. A pavilion shelter, prefabricated restroom building and new landscaping and irrigation system were also added. This park features an 11,000 sq. ft. custom nature themed playground along with picnic tables, park benches and custom log seating. The park entry and trail head feature natural stone columns and arbor entryways. Project Location: Town of Little Elm Total Project Cost: $1,538,174.76 Project Delivery Method: CMAR 4 1 F' i> tip Larry Frazier President OVERVIEW EDUCATION As the President of The Fain Group, Larry has over 20 years experience in managing construction projects. Larry has been responsible for many aspects of Texas A&M University construction management including but not limited to; contract negotiation, College Station,Texas contract execution, budget analysis, budget forecasting, scheduling, B.S.Const.Science procurement estimating, change management, and risk management. EXPERIENCE The Fain Group January 2005-Present President Fort Worth, TX AUI Contractors, LP January 1995- December 2004 Project Manager PROJECTS JOB NAME CONTRACT VALUE 2018 First United Methodist Church Campus Imprvmnts $534,497 2017 Fort Worth Zoo Shop Utilities $536,571 Fort Worth Zoo Shop&Warehouse $2,498,228 Fort Worth Zoo Inlets $26,303 2016 Texas Rangers Parking Lot $1,149,520,40 2014-2015 DFWI Connector $533,402.65 FW Zoo Petting Zoo 807,788.00 Chisholm Trail Community Park $3,400,000 Rose Garden Phase 2 $340,611 Tobachin Ribbon Artwork $35,855 FW Zoo Safari Splash $1,358,347 Switzer Park $615,056 2013 West Rosedale Bike/Pedestrian Project $3,244,348 FW Urban Village-Berry/Riverside $492,080 FW Urban Village-Near East Side $556,011 2012 Cobb Park Phase I Park Improvements $2,698,784 TXDOT Risinger Road Pavement Repair $2,503,821 2011 TXDOT Denton County Pavement Repair $320,275 Odyssey Health Care Soffit $199,748 EN Blue Stem Ranch $112,092 FAIN 2010 Lake Carolyn Promenade $2,180,611 The Fain Group P.O.Box 750 2009 Lancaster Visitor Center $1,422,710 Fort Worth,TX 76101 2008 DFW Founders Plaza Visitor Area Beautification $3,398,815 Phone;817-927-4388 Fax;817-927-4389 2007 Greenville Downtown Streetscape Improvement $1,265,389 www.foingp.com Baird T&P Depot Restoration $1,069,897 Frisco Lakes by Del Webb Amenity Center/Entry $2,272,000 NRH Parks $966,638 Rowlett Downtown Streetscape Improvements $2,061.400 Frisco Lakes by Dell Webb $1,520,000 Little Elm Johnny Broyles Park $30Q000 ALS Office Building $1,996,632 2003-2004 Murphy Municipal Center $16,035,000 Werner-Ohio Truck Facility $2,654,669 AUI Headquarters $2,728,114 Addison Athletic Center Expansion $3,932,479 2002 Gendy Street Improvements $2,114,563 Werner Transportation Maintenance Shop $2,345,265 New Office Building for Tarrant Regional Water District $2,712,000 Hardoman County Rest Area $9,269,000 2001 Life Touch Photography Studio $461,034 Werner Transportation New Shop $2,334,428 HEB Junior Highs Schools Renovations $1,500,703 Westmoreland Pump Station $574,343 James Wood Auto Park $7,800,000 2000 Fossill Hill Middle School Track $567,300 Hillside Park Renovations Construction Manager $89,000 HEB Elementary Schools Renovations $2,104,355 Bedford Boys Ranch Gymnasium Renovations $1,621,931 Tarrant Appraisal District Office Building $2,734,452 1999 DFW Air Cargo Infrastructure $704,514 Saddle Hills Park West Phase 1 $1,591,413 Texas Ultra Pure OSA Facility $1,031,184 NWISD Drainage&Site Improvements $1,115,094 Crowley High School Running Track $416,000 Crowley High School Site Development $3,656,008 Santa Fe Railroad Depot-Historical Renovation $493,512 Rock Springs Garden Retaining Wall &Slab $64,500 Hoblitzelle Park $991,000 1998 Mansfield Historic Downtown Streetscape, Phase II $177,200 Latter Day Saints Church Renovations $359,200 Concessions, Dugouts, &Tennis Courts $811,948 Helen Wessler Park Swimming Pool Renovations $725,721 Mansfield Historic Downtown Streetscape, Phase 11 $143,000 Rohan Office Renovations $154,338 i Alcon Laboratories Stream &Waterfall $141,000 ■ FAIN Burlington Northern Railroad Crossing $48,670 The Fain Group Cliff Nelson Recreation Center $3,700 P.O. Box 750 Fort worth,Tx 76101 Highland Village Ground Storage Tanks $831,000 Phone:817-927-4388 Fax:817-927-4389 www.faingp.com Robert Hawkins Project Superintendent EXPERIENCE: The Fain Group,Inc. 2016 to Present Project Superintendent Fort Worth,Texas B&C Backhoe 2011 to 2016 Pressure Tester and North Texas Coordinator Wilson, OK Robert Hawkins Construction 2007 to 2011 Owner Weatherford, Texas PROJECTS JOB NAME CONTRACT VALUE 2017 FW Zoo Shop and Warehouse $2,498,228.00 FW Zoo Shop Utilities $536,571.00 2016 Texas Rangers Parking Lot $1,149,520.40 Bachman Lake Park-Loop Trail Renovation Ph. III $2,138,524.29 The Bridges Amenity Center $821,775.73 ro. FAIN The Fain Group P.O.Sox 750 Fort Worth,TX 76101 Phone:817-927-4388 Fax:817-927-4389 www.faingp.coni ° Travis Bell Estimator OVERVIEW EDUCATION Travis is a dependable and self motivated professional that evaluates plans and specifications to Lassen provide accurate takeoffs and prepares the estimates and bids for Fain.He also evaluates Civil Engineering subcontractor's proposals for each bid. Travis is also proficient in estimating software and has strong interpersonal and communication skills. EXPERIENCE The Fain Group,Inc. March 2016-Present Estimator Project Superintendent Holleman Construction Co. April 2015-November 2015 Project Superintendent Dragt Construction Inc. October 2007-April 2015 Superintendent PROJECTS JOB NAME CONTRACT VALUE 2018 Dallas Aquatics Centers Ph.II $14,776,735.00 2017 Dallas Aquatics Centers Ph.1 $20,562,297.00 2016 Transportation Connections for Pedestrians&Bicycles Ph.II $2,138,524.00 2016 Transportation Connections for Pedestrians&Bicycles $1,440,000.00 2015 Kraft Food Plant Remodeling $6,100,000.00 2014 Reece Rd.-Subdivision $2,200,000.00 2012-2014 Wind Wood-Subdivision $4,250,000.00 2011 -2012 Stone Key Estates $550,000.00 2008-2011 Oak Grove Housing Project $6,800,000.00 2005-2006 Thurston County School Project $850,000.00 2005 City of Olympia Port Up Grade $1,100,000.00 ■ FAIN The Fain Group P.O.Box 750 Fort Worth,TX 76101 Phone:817-9274388 Fax:817-927-4389 www.faingp.com Marc Poreman tiAssociates, Inc. 4255 Bryant Irvin Road,Suite 114 Fort Worth,TX 76109 Office: 817.732.3200 Fax: 817,732.3204 The Fain Grouw%, Inca Financial Stateme Rtg ,audit Report December 31, 2017 marc@m,-wcforemanCPA.com Marc E. Foreman Certified Public Accountant 4255 Bryant Irvin Road Telephone 817-732-3200 Suite 114 Cell 817-715-7575 Fort Wortb,Texas 76109 Facsirnile 817-732-3204 Inde endent Accountant's Report The Shareholders The Fain Group,Inc. We have audited the accompanying balance sheet of The Fain Group,Inc. (a Texas corporation) as of December 31,2017, and the related statements of income and retained earnings, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management.Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America.Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.An audit includes examining,on a test basis,evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.We believe that our audit provides a reasonable basis for our opinion. In our opinion,the financial statements referred to in the first paragraph present fairly,in all material respects,the financial position of The Fain Group,Inc as of December 31, 2017,and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Certified Public Accountant Fort Worth,'Texas March 18,2018 ui,01M GL�-Guq , 111C Financial Statements Years Evaded December 31, 2017 'fable of Contents Accountant's Audit Report .........................................I......................... 1 Financial Statements: BalanceSheet. ........................................................................ 2 Statement of Income and Retained Earnings....................................... 4 Statement of Cash Flows............................................................. 5 Notes to Financial Statements ............................................................... 7 Supplementary Schedules: Schedule of Completed Projects...................................................... 16 Schedule of Projects in Process...................................................... 18 Schedule of Contract Income and Direct Expense................................. 20 Accounts Receivable Schedule......................................................... 21 FENA NCTAL STATEM ENTS The Fairy Group, Inc. Statement of Assets, Liabilities and Owner's Equity As of December 31, 2017 and 2016 ASSETS December 31,2017 December 31,2016 Current assets Cash (Note 1,12) $ 846,419 $ 1,260,682 Trade receivables(Notes 1,3,and 10) 6,436,468 1,827,440 Retainage receivable(Notes 1,3 and 10) 701,866 817,548 Accounts receivable-other 400 12,974 Investments(Note 9) 2,864,721 2,486,838 Prepaids - 11,883 Costs and earnings in excess of billings on uncompleted contracts(Notes 1,5 and 13) 127,540 315,180 Total current assets $ 9,967,413 $ 6,722,555 Fixed assets(Notes 1 and 4) Machinery and equipment $ 977,160 $ 1,224,618 Vehicles and transportation equipment 360,293 302,84E Furniture and fixtures 8,744 8,744 Leasehold improvements 71,624 71,624 Gross fixed assets $ 1,417,821 $ 1,607,732 Accumulated depreciation (849,035) - -- (831,392) Total fixed assets $ 568,786 $ 776,340 Other assets(Note 1) Tax refund due $ 249 $ 757 Deferred tax asset-non current(Note 15) - 4,159 Organization costs 945 945 Accumulated amortization (946) (843) Total other assets $ 249 $ 51018 Total assets $ 10,636,448 $ 7,a03,913 See Accompanying Notes Fain Group, Inc.. Statement of Assets, Liabilities and Owner's Equity As of December 31, 2017 and 2016 LIABILITIES AND SHAREHOLDER'S EQUITY December 31,2017 December 31,2016 Current liabilities Trade accounts payable(Note 1 and 7) $ 1,469,810 $ 1,824,899 Other payables 126,982 51,612 Current portion of long-term debt 279,623 369,984 Deferred tax liability-current 108,769 80,095 Billings in excess of cost and estimated earnings on uncompleted contracts(Notes 1,5 and 13) 4,267,062 793,235 Total current liabilities $ 6,242,256 $ 3,109,725 Long-term liabilities(Note 8) Notes payable $ 642,818 $ 1,087,326 Current portion of long-term debt (279,623) (359,984) Deferred tax liability-non current 217,518 99,636 Total long-term liabilities $ 580,713 $ 826,976 Total liabilities $ 6,822,969 $ 3,936,700 Shareholder's equity Common stock-$1 par value,100,000 shares authorized,6,000 issued and outstanding $ 600 $ 600 Treasury stock (1,408,024) (1,408,024) Additional paid in capital 124,400 124,400 Unrealized gain(loss)on available-for-sale securities(Note 9) 510,965 151,677 Retained earnings 4,485,548 4,698,559 Total shareholder's equity $ 3,713,479 $ 3,567,212 Total liabilities and shareholder's equity $ 10,636,448 $ 7,503,913 See Accompanying Notes The rain c- roup, inc. Statement Of Income and Retained Earnings For the Years Ended December 31, 2017 and 2016 December 31,2017 December 31, 2016 Construction revenue earned $ 23,809,919 $ 20,097,474 Direct job costs Direct job costs (Note 1) $ 19,085,142 $ 17,687,567 Warranty(Notes 1, 14) 45,434 55,348 Overhead allocation (Note 1) 1,019,011 682,347 Total direct job costs $ 20,149,586 $ 18,425,262 Operating income $ 3,660,333 $ 1,672,212 Overhead Expense Administrative payroll&expenses $ 221,126 $ 244,800 Advertising and promotion 6,485 7,183 Amortization 102 - Bank fees 1,289 1,342 Depreciation 240,155 271,231 Donations 7,250 - Dues, registrations and subscriptions 22,080 13,646 Executive labor 164,525 159,240 Insurance 117,348 2,362 Interest 56,054 43,792 Maintenance and repairs 2,578 2,341 Miscellaneous - (3) Office supplies&expense 23,757 13,597 Other payroll and employee expenses 36,906 47,351 Outside services 26,392 1,517 Plan fees &copies 261 290 Professional fees. 25,416 35,553 Rent (Note 10) 52,800 52,800 Security 1,189 1,136 Shop expenses 9,096 6,582 Taxes: non-payroll 56,983 60,312 Telephone 10,897 10,874 Transportation expense 30,470 17,034 Travel, meals and entertainment 13,508 15,991 Utilities 8,892 10,646 Overhead burden (Note 1) (1,019,011) (682,347) Total overhead expense $ 116,538 $ 327,270 Total operating Income $ 3,543,794 $ 1,344,942 See Accompanying Notes Other income and expense(Note 1) Other income Interest income $ - $ 29 Gain on sale of stock 65,032 (132,145) Dividend income 32,887 26,036 Capital Gain Distributions 49,296 - Other income 2,199 7,808 Total other income $ 149,414 $ 33,873 Other expense Other investment expense $ 1,040 $ 226 Deferred tax expense(Dote 15) 142,388 177,124 Loss on investments 7,240 - Loss on sale of assets 14,845 23,994 Foreign tax paid 36 - Penaities - 3,336 Total ether expense $ 165,549 $ 336,823 Total other income and expense $ (16,135) $ (302,950) Net income $ 3,627,659 $ 1,041,992 Retained earnings -beginning of year $ 4,698,559 $ 4,779,602 Contributions I(Distributions) (3,740,671) (1,123,035) Retained earnings -end of year $ 4,486,548 $ 4,698,559 See Accompanying motes The Fain Group, Inc. Statement of Gash Flows For the Twelve-Month Period Ending December 31,2017 Period Ended December 31,2017 OPERATING ACTIVITIES Net income $ 3,627,669 Net cash provided by operations Depreciation expense 240,155 Increase in trade receivable (3,609,028) Decrease in retainage receivable 115,683 Decrease in receivable-other 12,674 Decrease in investments (367,883) Decrease in prepaids 11,883 Decrease in earnings in excess of billings on uncompleted contracts 187,640 Decrease in tax refund due 508 Decrease In deferred tax asset-non current 4,159 Decrease in trade accounts payable (366,089) Increase in other payables 75,470 Increase in deferred tax liability-current 28,664 Increase in billings in excess of costs and estimated earnings on uncompleted contracts 3,473,847 Increase in deferred tax liability-non current 117,883 Decrease in unrealized losses on available-for-sale securities 359,278 Net cash provided by operating activities $ 3,813,505 INVESTING ACTIVITIES Net cash provided by investing activities CY changes to fixed assets $ 189,911 Net cash provided by Investing activities $ 189,911 FINANCING ACTIVITIES Net cash provided by financing activities Change in LT loans payable $ (667,019) Net cash provided by financing activities $ (667,019) Net cash increase for the period $ 3,336,398 Sharehoider distributions (3,740,671) Cash at the beginning of period 1,250,692 Cash at the end of the period $ 846,419 See Accompanying Notes ATTACHMENT C Standard General Conditions for a CMAR Contract City of Fort Worth CMAR Agreement-Alliance Park Phase i & II CPN - 100333/101630 Page 13 of 13 STANDARD GENERAL CONDITIONS FOR A CMAR AGREEMENT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 1 of 71 Revised December2014 STANDARD GENERAL CONDITIONS OF A CMAR AGREEMENT TABLE OF CONTENTS Page Article I —Definitions and Terminology..........................................................................................................6 1.01 Defined Terms...............................................................................................................................6 1.02 Terminology.................................................................................................................................12 Article2—Preliminary Matters........................................................................................................................13 2.01 Copies of Documents...................................................................................................................13 2.02 Commencement of Contract Time;Notice to Proceed...............................................................13 2.03 Starting the Work.........................................................................................................................13 2.04 Before Starting Construction, Baseline Schedules......................................................................14 2.05 Preconstruction Conference.........................................................................................................14 2.06 Public Meeting.............................................................................................................................14 Article 3—Contract Documents: Intent, Amending,Reuse..........................................................................14 3.01 Intent.............................................................................................................................................14 3.02 Reference Standards.....................................................................................................................15 3.03 Reporting and Resolving Discrepancies......................................................................................15 3.04 Amending and Supplementing Contract Documents.................................................................16 3.05 Reuse of Documents...................................................................................................................16 3.06 Electronic Data............................................................................................................................16 Article 4--Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points.........................................................................................................17 4.01 Availability of Lands...................................................................................................................17 4.02 Subsurface and Physical Conditions ...........................................................................................17 4.03 Differing Subsurface or Physical Conditions..............................................................................1 S 4.04 Underground Facilities ................................................................................................................19 4.05 Reference Points ..........................................................................................................................20 4.06 Hazardous Environmental Condition at Site...............................................................................20 Article 5--Indemnity,Bonds and Insurance....................................................................................................21 5.01 Indemnification................................................................................................................................21 5.02 Bonds............................................................................................................................................22 5.03 Certificates of Insurance..............................................................................................................23 5.04 Categories of Insurance...............................................................................................................24 5.05 Insurance Requirements.................................................................................25 5.06 Acceptance of Bonds and Insurance; Option to Replace ..........................................................27 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 2 of 71 Revised December 2014 Article6--CMAR's Responsibilities..............................................................................................................27 6.01 Supervision and Superintendence...............................................................................................27 6.02 Labor; Working Hours.................................................................................................................28 6.03 Solicitation of Construction- Phase Work..................................................................................28 6.04 Service, Material and Equipment................................................................................................29 6.05 Project Schedule..........................................................................................................................29 6.06 Substitutes and"Or Equals"........................................................................................................30 6.07 Concerning Subcontractors, Suppliers, and Others...................................................................32 6.08 Wage Rates................................................................................................................................33 6.09 Patent Fees and Royalties...............................................................................34 6.10 Permits and Utilities....................................................................................................................35 6.11 Laws and Regulations.................................................................................................................35 6.12 Taxes ...........................................................................................................................................36 6.13 Use of Site and Other Areas .......................................................................................................36 6.14 Record Documents......................................................................................................................37 6.15 Safety and Protection..................................................................................................................37 6.16 Safety Representative..................................................................................................................38 6.17 Hazard Communication Programs .............................................................................................38 6.18 Emergencies and/or Rectification...............................................................................................38 6.19 Submittals and Samples...........................................................................................................39 6.20 Continuing the Work...................................................................................................................40 6.21 CMAR's General Warranty and Guarantee................................................................................40 6.22 Additional Professional Design Services ..................................................................................41 6.23 Right to Audit..............................................................................................................................42 6.24 Nondiscrimination.......................................................................................................................42 Article 7--Other Work at the Site...................................................................................................................42 7.01 Related Work at Site...................................................................................................................42 7.02 Coordination................................................................................................................................43 Article8 City's ResponsibiIities...................................................................................................................43 8.01 Communications to CMAR.........................................................................................................43 8.02 Furnish Data................................................................................................................................43 8.03 Pay When Due ............................................................................................................................44 8.04 Change Orders.............................................................................................................................44 8.05 Inspections,Tests, and Approvals..............................................................................................44 8.06 Limitations on City's Responsibilities.......................................................................................44 8.07 Undisclosed Hazardous Environmental Condition...................................................................44 Article 9-City's Observation Status During Construction...........................................................................44 9.01 City's Project Representative .....................................................................................................44 9.02 Visits to Site................................................................................................................................45 9.03 Authorized Variations in Work..................................................................................................45 9.04 Rejecting Defective Work..........................................................................................................45 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 71 Revised December2014 9.05 Determinations for Work Performed..........................................................................................45 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45 Article 10--Changes in the Work; Claims; Extra Work................................................................................46 10.01 Authorized Changes in the Work...............................................................................................46 10.02 Unauthorized Changes in the Work...........................................................................................46 10.03 Execution of Change Orders.......................................................................................................46 10.04 Extra Work....................................................................................................... .......46 .................... 10.05 Notification to Surety..................................................................................................................47 10.06 Contract Claims Process.............................................................................................................47 Article 11 -Cost of the Work;Allowances; Unit Price Work.......................................................................48 11.01 Cost of the Work.........................................................................................................................48 11.02 Allowances/Contingency...............................................................:............................................54 11.03 Unit Price Work..........................................................................................................................54 11.04 Additional Compensation ..............................................................................55 Article 12---CMAR's Fee, Change of Contract Price; Change of Contract Time, Delays............................55 12.01 CMAR's Fee................................................................................................................................55 12.02 Change of GMP...........................................................................................................................55 12.03 Change of Contract Time...........................................................................................................56 12.04 Delays......................................................................................................56 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................57 13.01 Notice of Defects ........................................................................................................... ...57 13.02 Access to Work...........................................................................................................................57 13.03 Tests and Inspections..................................................................................................................57 13.04 Uncovering Work........................................................................................................................58 13.05 City May Stop the Work.............................................................................................................58 13.06 Correction or Removal of Defective Work................................................................................59 13.07 Correction Period........................................................................................................... ...59 13.08 Acceptance of Defective Work...................................................................................................60 13.09 City May Correct Defective Work.............................................................................................60 Article 14---Payments to CMAR and Completion.........................................................................................61 14.01 Schedule of Values......................................................................................................................61 14.02 Progress Payments......................................................................................................................61 14.03 CMAR's Warranty of Title.........................................................................................................63 14.04 Partial Utilization........................................................................................................................63 14.05 Final Inspection...........................................................................................................................64 14.06 Final Acceptance.........................................................................................................................64 14.07 Final Payment..............................................................................................................................64 14.08 Final Completion Delayed and Partial Retainage Release ........................................................65 14.09 Waiver of Claims........................................................................................................................65 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 4 of 71 Revised December 2014 Article 15—Suspension of Work and Termination........................................................................................66 15.01 City May Suspend Work.............................................................................................................66 15.02 City May Terminate for Cause...................................................................................................66 15.03 City May Terminate For Convenience.......................................................................................68 Article 16—Dispute Resolution......................................................................................................................70 Methodsand Procedures.....................................................................................................................70 Article17—Miscellaneous..............................................................................................................................70 17.01 Giving Notice..............................................................................................................................70 17.02 Computation of Times................................................................................................................71 17.03 Cumulative Remedies................................................................................ .......71 .......................... 17.04 Survival of Obligations...............................................................................................................71 17.05 Headings......................................................................................................................................71 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 5 of 71 Revised December2014 ARTICLE I w DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a Iisted- defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instrurnents issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between City and CMAR covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by CMAR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder should it seek to self-perform portions of the Work. 8. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Business Diversity Enterprise Ordinance-the City's Business Diversity Enterprise Ordinance#20020- CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 6 of 71 Revised December 20 f4 12-2011, as amended. 12. Buzzsaw—City's on-line, electronic document management and collaboration system. 13. Calendar Day A day consisting of 24 hours measured from midnight to the next midnight. 14. Change Order A document, which is prepared and approved by the City, which is signed by CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. 15, City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, and is the entity with whom CMAR has entered into the Agreement and for whom the Work is to be performed. 16. City 4torney-- The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly authorized representative. 17. City Council - The duly elected and qualified governing body of the City of Fort Worth,Texas. 18. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 19. CAMR — A sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a general contractor and provides consultation to the City regarding construction during and after the design of the facility. 20. CMAR Fee ---The moneys payable by City to CMAR for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 21. Contract Claim A demand or assertion by City or CMAR seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 22. Contract—The entire and integrated written document between the CMAR and Contractor concerning the Work. The Contract is subservient to the Agreement and all Contract Documents. 23. Contract Documents—The Agreement, the Request for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 24. Contract Price—The moneys payable by CMAR to a Contractor for completion of the Work in accordance with the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC]FCATiON DOCUMENTS FOR CMAR PROJECTS Page 7 of 71 Revised December 2014 25. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, and(ii)complete the Work so that it is ready for Final Acceptance. 26. Contractor---The individual or entity, whether one or more,with whom CMAR has entered into a Contract for construction of the Work. 27. Construction Documents-Those written or electronic documents indicating the basic scope of work as set forth by the Engineer, Engineer's formal construction documents, Drawings and Specifications, including materials, and work package(s) bid documents. 28. Construction Phase Services— Those services to be provided by CMAR as defined in the RFP and the CMAR's Proposal. 29. Cost of the Work The included and excluded costs which CMAR shall consider when developing the CMAR's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details. 30. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City, CMAR or Contractor exclusive of a Contract Claim. 31. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 32. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 33. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents 34. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 35.Director of Transportation and Public Works — The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 36. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant,or agents. 37.Drawings -- That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 38. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed by the City Manager. 39. Engineer — The licensed professional engineer or engineering firm registered in the State of Texas CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUNIENTS FOR CMAR PROJECTS Page 8 of 71 Revised December2014 performing professional services for the City. 40. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 41. Field Order— A written order issued by City which requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field Orders are paid from Field Order Allowances, if any, or other funding sources incorporated into the Agreement. 42. Final Acceptance — The written notice given by the City to the CMAR that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 43. Final Inspection Inspection carried out by the City to verify that the CMAR has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 44. General Requirements—Sections of Division 1 of the Contract Documents. 45. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the CMAR according to the Contract Documents and as approved by the City. 46. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 47.Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 48. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.. 49.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 50. Liquidated Damages. A specified sum of money that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the CMAR, not as a penalty, but as liquidated damages suffered by the City. 51.Major Item An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 52.MBE - A business concern located in the Marketplace (as defined in the Business Diversity Ordinance #20020-12-2011, as amended) meeting the following criteria: is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 CITY OF FORT WORTH STANDARD CONSTRUCTION SPi CIFCATION DOCUMENTS FOR CMAR PROJECTS Page 9 of 71 Revised December2014 percent of the stock is owned by one or more minori1y persons; and management and daily business operations are controlled by one or more minori persons who own it. 53.MBE Plan — An MBE Utilization Plan to address the diverse MBE goal for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. 54. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 55.Notice of Award—The written notice by City to the successful Proposer stating that upon timely compliance by the successful Proposer with the conditions precedent listed therein, City will execute the Agreement. 56.Notice to Proceed A written notice given by City to CMAR fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 57. Open Book Price The price of subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 58.PCBs—Polychlorinated biphenyls. 59. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil,petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 60. Plans—See definition of Drawings. 61. Pre-Construction Phase Services—Those services to be provided by CMAR as defined in the RFP. 62. Project—The Work to be performed under the Contract Documents. 63. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 64. Project Representative—The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 65. Proposal -- A Proposer's response to the RFP issued by the City to solicit a CMAR to perform CMAR services. 66. Proposer A CMAR Firm which submits a Proposal. 67. Public Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public CITY OF FORT WORTH STANDARD CONSTRUCTION SPGCIFCATION DOCUMENTS FOR CMAR PROJ1 CTS Page 10 of 71 Revised December 2014 participation and to inform the public of the Project. 68. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time. 69. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 70.Request for Proposals (RFP) — A request by the City issued to qualified CMAR Finns for Proposals to perform CMAR services for the Project. 71.Retainage—The amount of money, on a percentage basis, identified in the Agreement to be withheld by City from each of CMAR's progress payments 72. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will bejudged. 73.Schedule of Submittals A schedule, prepared and maintained by CMAR, of required submittals and the time requirements to support scheduled performance of related construction activities. 74.Schedule of Values—A schedule prepared and maintained by CMAR, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications for Payment. 75. Site Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of CMAR in furtherance of the Project. 76. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference. 77.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 78. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate some portion of the Work. 79. Substantial Completion — The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project(or a designated portion thereof)for its intended use. CITY OF FORT WORTH STANDARD CONS'IRUCTION SPI CIFCATION DOCUMENTS FOR CMAR PROJECTS Page 11 of 71 Revised Deeember2014 80. Successful Bidder The Bidder submitting the lowest and most responsive Bid and to whom CMAR makes an award of Contract unless otherwise directed by City. 81. Superintendent — The representative of the CMAR who is available at all times and able to receive instructions from the City and to act for the CMAR. 82. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 83.Supplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CMAR, Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work. 84. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals,or traffic or other control systems. 85. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 86. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 87. Work—The collective design-phase and construction-phase, or the various separately identifiable parts thereof, required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 88. Working Day--A working day is defined as a day, not including Saturdays, Sundays, or Iegal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the CMAR will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIHCATION DOCUMENTS FOR CMAR PROJECTS Page 12 of71 Revised Deccmber2014 the Work_ It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Common Construction Terms: Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. 2.03 Starting the Work CMAR shall begin compensable performance of the design-phase portion of the Work on the date when the Contract Time commences to run. No construction-phase Work shall be done at the CITY Of FORT WORTH STANDARD CONSTRUCTION SPECIFCATiON DOCUMENTS FOR CbIAR PROJECTS Page 13 of 71 Revised Deccmber2014 Site prior to the date on which the City approves the final design of the Work, unless an early works package,whether one or more, is requested and permission is specifically granted by the City. 2.04 Before Starting Construction, Baseline Schedules CMAR shall submit to City its schedule in accordance with the Contract Documents, and prior to starting the Work.No progress payment shall be made to CMAR until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.05 Preconstruction Conference Before any construction-phase Work at the Site is started, the CMAR shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR and Contractor,if known, attending the Public Meeting as scheduled by the City. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 .Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The CMAR o r Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 14 of71 Revised December2014 section is provided as an aid and convenience to the Contractor. The CMAR or Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, CMAR, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. CMAR's and Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, CMAR and Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. CMAR shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which CMAR discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. CMAR's or Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, CMAR o r Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it to City in writing. CMAR shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.18.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CMAR had actual knowledge thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 15 of 71 Revised December 2014 B. Resolving Discrepancies: I. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification,manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. ID case of discrepancies, figured dimensions shall govern over scaled dimensions,PIans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the PIans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.19.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 16 of 71 Revised December 2014 to Contractor, or by CMAR to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience' of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify CMAR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. CMAR shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and CITY OF FORT WORTIi STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 17 of 71 Revised December 2014 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by CMAR on Technical Data Authorized. CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary, Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors,members, partners, employees,agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR. shall, immediately after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), notify City in writing about such condition. B. Possible Price and Time Adjustments CMAR shall be entitled to an adjustment in the GMP or Contract Time if- 1. CMAR did not know of the existence of such conditions at the time CMAR made a final commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 18 of 71 Revised December2014 becoming bound under a negotiated contract; or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. CMAR gave the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or .Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. The cost of all of the following will be included in the GMP, and CMAR shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. CMAR shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 19 of71 Revised December 2014 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points CMAR shall provide engineering surveys to establish reference points for construction, which are necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. CMAR shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. CMAR shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the CMAR or Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by CMAR on Technical Data Authorized- CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CMAR and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CMAR shall not be responsible for any Hazardous Enviromnental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CMAR, Contractor, Subcontractors, Suppliers, or anyone else for whom CMAR is-responsible. D. If CMAR encounters a Hazardous Environmental Condition or if CMAR or anyone for whom CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 20 of7l Revised December2014 condition and in any area affected thereby (except in an emergency as required by Paragraph 6.18.A); and (iii) verbally notify City (arid promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. When the Hazardous Environmental Condition has been rendered harmless by the City's separate remediation contractor, the work in the affected area shall resume upon written agreement of the City and CMAR. For such Hazardous Environmental Conditions that CMAR encounters that are not within CMAR's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of Contractor's reasonable costs of shut-down, delay and start-up, by Change Order. E. CMAR shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to CMAR: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice CMAR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph shall obligate CMAR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5--INDEMNITY,BONDS AND INSURANCE 5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND CITY OF PORT'WORTII STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 21 of 71 Revised December 2014 HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM,IN WHOLE OR INPART,ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES: THE INTENT OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. 5.02 Bonds All bonds and insurance required by the Contract Documents to be purchased and maintained by CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. Performance,Payment, and Maintenance Bonds A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the CMAR will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the design portion of the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond(s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the CMAR to City prior to final acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment, performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the CMAR to that effect and the CMAR shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of CITY OF FORT WORTH STANDARD.CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 22 of 71 Revised December2014 Paragraph 5.02.D, CMAR shall promptly notify City and shall, within 3.0 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.D. 5.03 Certificates of.Insurance CMAR shall deliver to City, with copies to each additional insured and Ioss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which CMAR is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured"on all liability policies. 2. The CMAR's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the CMAR agrees to waive all rights of subrogation against the Engineer (if applicable, and except related to any Builders' Risk insurance provided by CMAR), and each additional insured identified in the Supplementary Conditions. 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage Iimits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. S. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Agreement and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC[FCATION DOCUMENTS FOR CMAR PROJECTS Page 23 of 71 Revised December2014 such insurance coverage. 9. Policies shall have no exclusions by endorsements which neither nullify or amend the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been awarded and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the CMAR or Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR) in excess of $25,000.00 affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. IL City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Agreement by amendment. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto. 13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's insurance. 5.04 Categories of Insurance A. Workers Compensation and Employers' Liability. CMAR shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation. Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CMAR's performance of the Work and CMAR's other obligations under the Contract Documents, whether it is to be performed by CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 24 of71 Revised December2014 products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the CMAR to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the CMAR shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: CMAR shall immediately notify City upon cancellation or other loss of insurance coverage. CMAR shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Insurance Requirements A. Preconstruction Phase Services: 1. MAR shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 25 of 71 Revised December 2014 $100,000 disease-each employee 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under CMAR's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on CMAR's insurance policies. b. Certificates of insurance shall be delivered to the City's Project Representative at the address specified prior to commencement of Work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the city. h. CMAR's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. i. In the course of the Agreement, CMAR shall report, in a timely manner,to City's Project Representative any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. CMAR's liability shall not be limited to the specified amounts of insurance required herein. B. Construction Phase: The Iimits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: Workers' Compensation: Statutory limits Employer's liability $100,000 each accident/occurrence CITY OF FOWf WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 26 of71 Revised December 2014 $100,000 Disease - each employee $500,000 Disease-policy limit Commercial General Liability: Commercial General Liability shall be on a per project basis covering the CMAR with minimum limits of $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site or each work package, if more than one. The Commercial General Liability Insurance policies shall provide "Y', "C", and 'T" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. Automobile Liability: A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned and shall be in an amount not less than the following amounts: $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person/ $500,000 Bodily Injury per accident/ $100,000 Property Damage 5.06 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the CMAR in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in writing within 10 Business Days after receipt of the certificates (or other evidence requested). CMAR shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CMAR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 27 of 71 Revised December2014 such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CMAR shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, CMAR shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be CMAR's representative at the Site and shall have authority to act on behalf of CMAR. All communication given to or received from the Superintendent shall be binding on CMAR. C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of construction-phase Work. 6.02 Labor; Working Hours A. CMAR shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. CMAR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. CMAR will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior; 2. for Weekend Working Hours request must be made by noon of the preceding Thursday; 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Solicitation of Construction-Phase Work. A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Work other than minor work that may be included in the Construction Documents. CMAR may seek to self- perform portions of the Work by submitting its Bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and upon a determination by City that the CMAR's bid or proposal provides the best value for the City. B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that does not disclose the contents of the Bid or proposal during the selection process to a person not employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the City on request and to the public after the later of the award of the Contract or the seventh day CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 28 of 71 Revised December20M after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City requires another Bid or proposal to be accepted, City shall compensate the CMAR by a change in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the City's requirement that another Bid or proposal be accepted. C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a Contract after being so selected, the CMAR may fulfill, without advertising, the Contract requirements or select a replacement trade contractor or subcontractor to fulfill the Contract requirements. 6.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of required tests)as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of Agreement,unless otherwise specified. 6.05 Project Schedule A. CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and the General Requirements as it may be adjusted from time to time as provided below. 1. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. CMAR shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Agreement in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 29 of71 Revised December2014 may only be made by a Change Order. 6.06 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Construction Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that: no like, equivalent, or "or-equal" item or no substitution is permitted, other items Of material or equipment of other Suppliers may be submitted to City by CMAR for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if-. a. The City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. CMAR certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Construction Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by CMAR does not qualify as an "or-equal" item, it may be submitted as a proposed substitute item. b. CMAR shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than CMAR. C f Y OF FORT WORTI4 STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 30 of 71 Revised Dcecmber2014 c. CMAR shall make written application to City for review of a proposed substitute item of material or equipment that CMAR seeks to furnish or use. The application shall comply with-Sc�:.tic,n 01 2-1 1 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice CMAR's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, CMAR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. CMAR shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. CMAR shall make written application to City for review in the same manner as those provided in Paragraph 6.06.A.2. C. City s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.13. City may require CMAR to furnish additional data about the proposed substitute. City will be the sole judge of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 31 of71 Revised December2014 acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise CMAR in writing of its determination. D. Special Guarantee: City may require CMAR to furnish at CMAR's expense a warranty with respect to any substitute. CMAR shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys' fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6A6.B. Whether or not City approves a substitute so proposed or submitted by CMAR, CMAR may be required to reimburse City for evaluating each such proposed substitute. CMAR may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City)resulting from the acceptance of each proposed substitute. F. CMAR's Expense: CMAR shall provide all data in support of any proposed substitute or"or- equal"at CMAR's expense. G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Agreement by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.07 Concerning Subcontractors, Suppliers, and Others A. Business Diversity Enterprise Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply with the City's Business Diversity Ordinance by doing the following: 1. CMAR shall provide complete and accurate information regarding actual work performed by an MBE and/or SBE on the Contract and payment therefor. 2. CMAR's or Contractor's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize City to withhold future payments and/or reject future bids from the CMAR or Contractor until compliance with the Business Diversity Enterprise Ordinance is attained. 3. CMAR will not make additions, deletions, or substitutions of accepted MBE/SBE firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. 4. CMAR shall, upon request by City, allow an audit and/or examination of any books,records, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 32 of 71 Revised December2014 or files in the possession of the CMAR that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 15.02.A. Any such misrepresentation may subject CMAR to disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. B. CMAR shall be fully responsible to City for all acts and omissions of the Contractor, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the Contract Documents shall: 1. create for the benefit of any such Contractor, Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Contractor, Subcontractor, Supplier or other individual or entity;nor 2. create any obligation on the part of City to pay or to see to the payment of any monies due any such Contractor, Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. CMAR shall be solely responsible for scheduling and coordinating the Work of Contractor, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CMAR- D. All Contractor(s), Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through CMAR. E. All Work performed for CMAR by a Contractor, Subcontractor or Supplier will be pursuant to an appropriate agreement between CMAR and the Contractor, Subcontractor or Supplier which specifically binds the Contractor, Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.08 Wage Rates A. Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. CMAR, Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas CITY OF FORT WOW UH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 33 of 71 Revised December 2014 Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the CMAR, Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the CMAR, Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR, Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a 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, Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the CMAR, Contractor or Subcontractor in the construction of the Work provided for in this Agreement; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is more frequent, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. A Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.09 Patent Fees and Royalties A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 34 of 71 Revised December 2014 to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.10 Permits and Utilities A. CMAR obtained permits and licenses. CMAR shall obtain and pay for all construction permits and licenses except those provided for below, in the Supplementary Conditions, or Contract Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.1O.B. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for below, in the Supplementary Conditions, or Contract Documents. It will be the CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes to the Work beyond the scope of any City-acquired permit, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these additional requirements of any City- acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 6.11 Laws and Regulations A. CMAR shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring CMAR's compliance with any Laws or Regulations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 35 of 71 Revised December 2014 B. if CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work.However, it shall not be CMAR's responsibility to make certain that the Construction Documents are in accordance with Laws and Regulations, but this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.12 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.13 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas.• 1. CMAR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is carrying on operations in a portion of a street, right-of=way, or easement greater than is necessary for proper execution of the Work, the City may require the CMAR to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTI-I STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CHAR PROJECTS Page 36 of71 Revised December 2014 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim. 4. CMAR shall indemnify and hold harmless City from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work CMAR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24-hours after written notice is given to the CMAR that the cleanup on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the cleanup deficiencies cited to the CMAR in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the CMAR. D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.14 Record Documents A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals and Submittals will be delivered to City prior to Final l.nspection. CMAR shall include accurate Iocations for buried and imbedded items. 6.15 Safety and Protection A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Contractor or Subcontractor(s) of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 37 of71 Revised December2014 CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction of the Work. B. MAR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall notify owners of adjacent property and owners of Underground Facilities and other utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection,removal,relocation, and replacement of their property. C. CMAR shall comply with the applicable requirements of City's safety programs, if any. D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused, in whole or in part, by CMAR, Contractor, any Subcontractor, Supplier, or any other individual or entity employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CMAR. F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.16 Safety Representative CMAR shall inform City in writing of CMAR's designated safety representative at the Site. 6.17 Hazard Communication Programs CMAR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.18 Emergencies andlor Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR shall give City prompt written notice if CMAR believes that any significant changes in the CITY OF FORT WORTII STANDARD CONSTRUMON SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 38 of 71 Revised December2014 Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by CMAR in response to such an emergency, a Change Order may be issued. B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the CMAR written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the CMAR to take remedial action to correct the condition. In the event the CMAR does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the CMAR on the Project. 6.19 Submittals and Samples A. CMAR shall submit required Submittals a n d S a in p l e s to City for review and acceptance. Each Submittal or Sample shall be uniquely identified. 1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment CMAR proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.19.C. 3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CMAR from requirements shown on the Drawings and Specifications. 5. For-Information-Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. 6. Submit the required number of Samples as specified in the Supplemental Conditions. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.19.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of CMAR. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCXHON DOCUMENTS FOR CMAR PROJECTS Page 39 of71 Revised December2014 C. City's Review: 1. City will provide timely review of Submittals. City's review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve CMAR from responsibility for any variation from the requirements of the Contract Documents unless CMAR has complied with the requirements of Secrion 01 33 00 ,and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve CMAR from responsibility for complying with the requirements of the Contract Documents. 6.20 Continuing the Work Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in writing. 6.21 CAMR's General Warranty and Guarantee A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of CMAR's warranty and guarantee. B. CMAR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CMAR, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is responsible; or 2. normal wear and tear under normal usage. C. CMAR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents nor act as a release of CMAR's obligation to perform the Work in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 40 of 71 Revised December2014 I. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others;or 7. any correction of defective Work by City. D. The CMAR shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.C. The City will give notice of observed defects with reasonable promptness. 6.22 Additional Professional Design Services A. CMAR will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out CMAR's responsibilities for construction means, methods, techniques,sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of CMAR by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. CMAR shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by CMAR's design professionals. D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.19.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 41 of 71 Revised December 2014 6.23 Right to Audit A. The CMAR agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the CMAR involving transactions relating to this Agreement, except that any lump sum amounts or agreed-upon rates shall not be subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to all necessary CMAR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give CMAR reasonable advance notice of intended audits. B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or agreed-upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor or Subcontractor reasonable advance notice of intended audits. C. CMAR, Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse CMAR, Contractor or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title V1, Civil Rights Act of 1964 (the "Act') as amended: CMAR shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have .other work performed by utility owners; and such other contractors shall be responsible for procuring their own property, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 42 of 71 Revised December 2014 liability or workers compensation insurance, and CMAR shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents, then written notice thereof will be given to CMAR prior to starting any such other work. B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others'work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of CMAR's Work depends upon work performed by others under this Article 7, CMAR shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CMAR's Work except for latent defects in the work provided by others. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. .ARTICLE 8—MY'S RESPONSIBILITIES 8.01 Communications to CMAR City shall issue all communications to CMAR. 8.02 Furnish Data City shall timely: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 43 of 71 Revised Decemher2014 A. Provide to CMAR all criteria and full information as to its requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the Project's design or other information required under the Contract Documents. B. Provide to CMAR all non-confidential technical data in its possession which it may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by CMAR, all of which may be used and relied upon in performing services under the Agreement. 8.03 Pay When Due City shall make payments to CMAR in accordance with Article 14. 8.04 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 13.03. 8.06 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for CMAR's failure to perform the Work in accordance with the Contract Documents. B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15. 8.07 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) for the duration of the Project. The duties and responsibilities and the limitations of authority of City's Project Representative(s) during each phase of the Work are set forth in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 44 of71 Revised December2014 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of the Work as City deems necessary in order to observe the progress that has been made on the various aspects of the Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.06. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and CMAR,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed CMAR will determine the actual quantities and classifications of Work performed. City's Project Representative will review with CMAR the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 45 of 71 Revised December2014 C. City's written decision on the issue referred will be final and binding on the CMAR, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work CMAR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.18. 10.03 Execution of Change Orders A. City and CMAR shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the CMAR shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The CMAR shall fiunish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 46 of 71 Revised December 2014 C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs CMAR incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. I Q.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be CMAR's responsibility. The amount of each applicable bond will be adjusted by the CMAR to reflect the effect of any such change. 10.06 Contract Claims Process A. City's Decision Required. All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. written notice stating the general nature of each Contract Claim shall be delivered by the CMAR to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for CMAR to submit additional or more accurate data in support of such Contract Claim). 3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the provisions of Paragraph 12.02. 4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said event. C. City s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the CMAR, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 47 of 71 Revised December 2014 2. approve the Contract Claim; or 3. notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by CMAR in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to CMAR will be only those additional or incremental costs required because of the change in the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.01.B, but shall include, but not be limited to,the following items: 1. payroll costs for employees in the direct employ of CMAR in the performance of the Work under schedules of job classifications agreed upon by City and CMAR . Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup,or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and CMAR shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 48 of71 Revised Deeember2014 allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the CMAR or returned to the supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of the Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CMAR or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by CMAR to its Contractor or Subcontractors for Work performed by Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined by the CMAR. a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. (`Blue Book"), as adjusted to the regional area of the Project. The most recent published edition in effect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by City's Project Representative or Engineer or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the Engineer. Blue Book Payment Actual Usage Category Less than S hours Hourly Rate 8 or more hours but less than Daily Rate 7 days 7 or more days but less than Weekly Rate 30 days 30 days or more Monthly Rate CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 49 of 71 Revised December 2014 d. Equipment when idle (Standby): Idle or standby equipment is equipment on-site or in transit to and from the Work site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the Engineer, shall be paid at the leasing rate determined in Paragraph I LOLAA.c., excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non-operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. S. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed by CMAR for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CMAR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, dismantling and removal of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CMAR. c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by CMAR in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CMAR's fee. If, however, any such loss or damage to the Work that has been accepted by Owner requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 50 of 71 Revised December 2014 services, a fee proportionate to that stated in Paragraph 12.01. £ The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work- h. The costs of premiums for all bonds CMAR is required by the Contract Documents to purchase and maintain; the cost of all subcontractor bonds and/or an agreed-upon rate for subcontractor default insurance; and insurance at an agreed-upon rate. i. Costs of removal of debris from the site. j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the CMAR's written policies for personnel at or below the level of Project Superintendent. k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by CMAR or subcontractors for this Project. 1. Deductibles and self-insured retention amounts associated with insurance. m. Fees and assessments for the building permit and for other permits, licenses and inspections for which the CMAR is required by the Contract Documents to pay. n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph t below. o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the CMAR resulting from such suits or claims, such payments made only with the City's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents. p. Legal or mediation costs, other than those arising from disputes between the City and CMAR or reasonably incurred by the CMAR in the performance of the Work, except where covered under any indemnity by CMAR and only with the City's written CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 51 of71 Revised December2014 permission. q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent. r. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property. s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure of the CMAR or the CMAR's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the failure of the CMAR's personnel to supervise adequately the Work of the subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the CMAR from insurance, its Subcontractors or its suppliers. t. Other costs incurred by the CMAR in performance of the Work if and to the extent approved in advance in writing by the City. u. Rental charges for temporary facilities, including site office trailer, office equipment, temporary facilities,temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific,on-site, safety inspection and related safety supplies and costs. x. Project specific, on site, quality control inspection and quality assurance and control costs. B. Costs Excluded.'The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CMAR's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0 LAA, all of which are to be considered administrative costs covered by the CMAR's fee. 2. Expenses of CMAR's principal and branch offices other than CMAR's office at the Site. 3. Any part of CMAR's capital expenses, including interest on CMAR's capital employed for CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 52 of 71 Revised December2014 the Work and charges against CMAR for delinquent payments. 4. Costs due primarily to the negligence of CMAR , any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA. 6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the Work. 7. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.01.A.3. 8. Liquidated damages assessed the CMAR by the City. 9. Data processing and software costs related to the Work. 10. Company owned, ]eased or rented trucks for personal use of those persons Iisted in Paragraph 11.013.1 above. 11. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. C. CAM's Fee: CMAR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, CMAR's fee shall be determined as set forth in Paragraph 12.02. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, CMAR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. E. For all subcontracts,the CMAR shall ensure compliance with Texas law. F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall accrue to the City if(1) before making the payment, the CMAR included them in an Application for Payment and received payment therefore from the City or(2)the City has deposited funds with the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the CMAR Contractor shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 53 of 71 Revised December 2014 G Accounting Records: The CMAR Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents;the accounting and control systems shall be satisfactory to the City. 11.02 Allowances/Contingency A. Specified Allowances or Contingency Amounts: CMAR may include in the GMP allowances or contingency amounts as may be acceptable to City. Specific allowance or contingency amounts will be negotiated and memorialized in the Agreement. B. Pre-bid Allowances: 1. may include the cost of materials and equipment required by CMAR to be delivered to the Site including all applicable taxes;and 2. may include CMAR's costs for unloading and handling such materials or equipment at the Site including labor, installation, overhead, profit, and other expenses contemplated by CMAR and no demand for additional payment on account of any of the foregoing exceeding the Pre-Bid Allowance amount will be valid. C. Prior to Final Payment, an appropriate Change Order will be issued to reflect actual amounts due CMAR on account of Work covered by allowance or contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. 11.03 . Unit Price Work A. Where the Construction Documents provide that all or part of the Work is to be Unit Price Work, initially the GMT will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial GMP. Determinations of the actual quantities and classifications of Unit Price Work performed by CMAR will be made by City subject to the provisions of Paragraph 9.05. C. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if: 1. the quantity of any item of Unit Price Work performed by CMAR differs materially and significantly from the estimated quantity of such item indicated in the Construction Documents; and CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 54 of 71 Revised December 2014 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. I. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work may be'paid for with allowance or contingency funds. 2. If the changes in quantities or alterations significantly change the character of work, the Agreement will be amended by a Change Order in accordance with Article 10. 4. A significant change in the character of work occurs when: a. the character of work for any item as altered differs materially in kind or nature from that in accordance with the Plans or the Construction Documents;or b. a Major Item of work varies by more than 25% from the original Plans or Construction Documents quantity. 5. When the quantity of work to be done under any Major Item of the Agreement is more than 125% of the original quantity stated in the Agreement, then either party may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Agreement is less than 75% of the original quantity stated in the Agreement, then either party may request an adjustment to the unit price. 11.04 Additional Compensation. Where CMAR may be entitled to additional compensation, the calculation to determine such additional compensation shall not include any costs or expenses for any home-office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples of which include: project site trailer, project site utility costs, project site supervision, Project Engineer (billed on hourly rate) and Project Manager(based on hourly rate) and like Project site specific costs. ARTICLE 12--CMAR'S FEE,CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME,DELAYS 12.01 CMAR's Fee The CMAR's Fee shall be as negotiated and memorialized in the Agreement. 12.02 Change of GMP A. The GMP may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 55 of71 Revised December2014 application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed Iump sum or unit price plus CMAR's Construction Services Fee, and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.02.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's Construction Services Fee. 4. the amount of credit to be allowed by CMAR to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a corresponding deduction in CMAR's Fee. 12.03 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or CMAR can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 Delays A. Where CMAR is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of CMAR, and that affected Work is within the Contract Time, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If CMAR is delayed, City shall not be liable to CMAR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) sustained by CMAR on or in connection with any other project or anticipated project of CMAR. C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of CMAR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CMAR. D. The CMAR shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 56 of 71 Revised December 2014 Engineer or consultants, or utility owners or separate contractors, including without limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to CMAR. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. CMAR shall provide them proper and safe conditions for such access and advise them of CMAR's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CMAR shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. 1f Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. 1. City will coordinate such testing with Contractor; 2. Should any testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the CMAR shall be responsible for paying for any and all retests. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 57 of71 Revised December2014 CMAR's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by CMAR. City will forward all invoices for retests to CMAR. 4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense. G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at CMAR's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material,and equipment. I. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs associated with exposing, observing,and testing the defective Work. 2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs and/or time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement,and reconstruction. 13.05 City May Stop the Work If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 58 of 71 Revised December2014 cause for such order has been eliminated; however, this right of City to stop the Worm shall not give rise to any duty on the part of City to exercise this right for the benefit of CMAR , any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, CMAR shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Substantial Completion, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CMAR's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, CMAR shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If CMAR does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by CMAR. C. In special circumstances where a particular item of equipment is placed in continuous service CITY OF FORT WORTH STANDARD CONSTRUCTION SPI CJFCATION DOCUMENTS FOR CMAR PROJECTS Page 59 of7I Revised December 2014 before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of six months after the end of the initial correction period. City shall provide 30 days written notice to CMAR should such additional warranty coverage be required. CMAR may dispute this requirement by filing a Contract Claim. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and detennination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If CMAR fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph]3.06.A, or if CMAR fails to perform the Work in accordance with the Contract Documents, or if CMAR fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to CMAR, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere. CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.09. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph13.09 will be charged against CMAR, and a Change Order will be issued CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 60 of71 Revised December2014 incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CMAR AND COMPLETION 14.01 Schedule of Values The Schedule of Values will serve as the basis for progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. CMAR is responsible for providing all information as required to become a vendor of the City. 2. CMAR shall submit to City for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The CMAR's Fee for overhead and profit shall be payable on a monthly basis,prorated as a percentage of the contract time expended. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that CMAR, o n b e h a I f o f City, has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, it and each subsequent Application for Payment shall include an affidavit from CMAR stating that previous progress payments received on account of the Work have been applied on account to discharge CMAR's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications for Payment: 1. City will, within 30 days after receipt of each Application for Payment, either indicate in CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCAT'ION DOCUMENTS FOR CMAR PRO.TEC'rs Page 61 of'/I Revised December2014 writing a recommendation of payment or return the Application for Payment to CMAR indicating reasons for refusing payment. In the latter case, CMAR may make the necessary corrections and resubmit the Application for Payment. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by City or entitle City to withhold payment to CMAR, or c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of the Work. 4. City may refuse to process the whole or any part of any payment due to evidence or the results of inspections or tests, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the CMAR or his subcontractors,requiring correction or replacement; b. discrepancies in quantities contained in the current or previous Applications for Payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct Defective Work or complete Work in accordance with Paragraph 13.09; or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 62 of71 Revised December2014 C. Payment: 1. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application for Payment will become due within 30 days of the receipt of the Application for Payment. 2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever phase), or in the event any Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City, to terminate this Agreement. Interest at the rate of two percent per annum shall be payable on any amounts which are not in dispute but are unpaid by City after sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, CMAR shall resume providing all agreed-upon Services. D. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where CMAR has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.13.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give CMAR written notice stating the reasons for such action and shall pay CMAR any amount remaining after deduction of the amount so withheld. City shall pay CMAR the amount so withheld, or any adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for such action. 14.03 CMAR's Warranty of Title CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with CMAR's performance of the remainder of the Work. City at any time may notify CMAR in writing to permit City to use or occupy any such part of the Work which City and CMAR determine to be ready for its intended use, subject to the following conditions: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 63 of71 Revised December2014 1. CMAR at any time may notify City in writing that CMAR considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and CMAR shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify CMAR in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from CMAR that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with CMAR; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. CMAR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the CMAR between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by CMAR,to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to CMAR a letter of Final Acceptance. 14.07 Final Payment A. Application for Final Payment.- 1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied by: a. all documentation called for in the Contract Documents(except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 64 of 71 Revised December2014 unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages; and c. after all Damage Claims have been resolved: i)directly by the CMAR; or ii) CMAR provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution;then d. Final Payment will become due and payable. 2. The making of the final payment by the City shall not relieve the CMAR of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. if final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of CMAR's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance to be held by City for Work not fully completed or corrected is Iess than the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CMAR to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all submittals and final quantities Faust be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 Waiver of Claims The acceptance of final payment by CMAR will constitute a release of the City from all claims or liabilities under the Agreement for anything done or furnished or relating to the Work under the Contract Documents or any act or neglect of City related to or connected with the Agreement. CITY OF FORT WORM STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 65 of 71 Revised December 2014 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the CMAR, and should it be determined by mutual consent of the CMAR and City that a solution to allow construction to proceed is not available within a reasonable period of time, CMAR may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the CMAR shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and CMAR shall take every precaution to prevent damage or deterioration of the work performed; CMAR shall provide suitable drainage about the work, and erect temporary structures where necessary. D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events, by way of example but not of limitation,may justify termination for cause: 1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents {including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule, as adjusted from time to time; 2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. CNIAR's failure to perform and meet timelines as set forth in Paragraph 6.05. 4. CMAR's disregard of Laws or Regulations of any public body having jurisdiction; 5. CMAR's repeated disregard of the authority of City; 6. CMAR's violation in any substantial way of any provisions of the Contract Documents; 7. CMAR's failure to promptly make good any defect in materials or workmanship, or CITY Or FORI'WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 66 of 71 Revised December 2014 defects of any nature,the correction of which has been directed in writing by the City; 8. Substantial indication that the CMAR has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; 9. Substantial evidence that the CMAR has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 10. CMAR commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, CMAR, and Surety do not agree to allow the CMAR to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare CMAR in default and formally terminate the CMAR's right to complete the Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and Surety have received notice of conference to address CMAR's failure to perform the Work. 2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 calendar days after the date of written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude CMAR and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, CMAR shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from City or Surety completing the Work, such excess will be paid to CMAR, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, CMAR or Surety shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 5. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to CMAR or Surety for the method by which the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCAVON DOCUMENTS FOR CMAR PROJECTS Page 67 of 71 Revised December2014 completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from CMAR or Surety for CMAR's failure to timely complete the Work. CMAR shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. S. Termination of CMAR for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 15.02.13, CMAR's services will not be terminated if CMAR begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within not more than 30 days of receipt of said notice. D. Where CMAR's services have been so terminated by City, the termination will not affect any rights or remedies of City against CMAR then existing or which may thereafter accrue. Any retention or payment of moneys due CMAR by City will not release CMAR from liability. E. To the extent that CMAR has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A. City may,without cause and without prejudice to any other right or remedy of City,terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the CMAR specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim,demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City, the CMAR shall: 1. Stop work under the Agreement on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 68 of71 Revised December2014 necessary for completion of such portion of the Work under the Agreement as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of,the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the City; 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the CMAR and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the CMAR shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the CMAR, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, CMAR shall be paid,without duplication of any items,for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 69 of 71 Revised December 2014 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the CMAR's Fee". G. In the event of the failure of the CMAR and City to agree upon the whole amount to be paid to the CMAR by reason of the termination of the Work under Paragraph 15.03, the City shall determine, on the basis of information available to it, the amount, if any, due to the CMAR by reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION Methods and Procedures A. Either City or CMAR may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and CMAR shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless,within that time period, City or CMAR: l. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: Ldelivered in person to the individual or to a member of the firm or to an officer of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 70 of 71 Revised December2014 corporation for whom it is intended; or 2. delivered electronically with a"read receipt verification" requested; or 3. In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, or overnight delivery to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. .C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a Iimitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of CMAR. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPCCIFCATION DOCUMENTS FOR CMAR PROJECTS Page 71 of 71 Revised December2014 ATTACHMENT Surety Bonds MSURAN NAVIGATING RISK. 5NHANCING BUSINESS. August 1, 2019 City of Fort Worth Re. The Fain Group, Inc. —Bond Reference Letter for Alliance Park Phase I &11 Improvements; Project No. 100333/101630 To Whom It May Concern: We are pleased to write this letter on behalf of our valued client, The Fain Group, Inc. Over the past 13 years., they have proven to be a leader in their industry. The Fain Group, Inc. may be bonded for any single job up to$ 20,000,000. Please accept this letter as confirmation that if The Fain Group, Inc. is the successful bidder for the above mentioned project, as surety we are in a position to execute the required bonds in the full amount of the contract value upon award and review of a mutually acceptable contract to Fain Group, Inc. The surety's approval of any request would be conditioned upon applicable underwriting considerations at the time of the bond request. This letter is not an assumption of liability. We have issued this letter only as a bonding reference requested by our client. The Fain Group's surety is Westfield Insurance Company and is rated"A (Excellent) XV" by the A.M. Best rating service which is the recognized leader in rating property/casualty companies. This Surety Company appears on the Department of the Treasury Circular 570 as one of those "Companies holding Certificate of Authority as acceptable sureties." We highly recommend The Fain Group, Inc. for your next project, If you require additional information,please do not hesitate to call me. Sincerely, �,��� .7 �r I Johnny ss CFO