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Contract 34893
w f CITY SECRETARY CONTRACT NO . qK6 C0N'IAC101t Ci COMIMM CI THE CITY OF FORT WORTH, TEXAS ._...CnrrwAMr�awiat Evans and Rosedale Shamble Branch Library TPW2004-13 FORTWORTH MIKE MONCRIEF CHARLES BOSWELL MAYOR CITY MANAGER _ Robert Goode, P.E. Director, Transportation & Public Works Dept. Dr. Gleniece Robinson Director, Library Department February 2007 OFFICIAL ROD Ciff NO F1. 1020H, T21 Zl()RIGINAL City of Fort Worth, Texas Mayor and Council Communication ' COUNCIL ACTION: Approved on 1211912006 DATE: Tuesday, December 19, 2006 LOG NAME: 20SHAMBLEE REFERENCE NO.: C-21911 SUBJECT: Approve the Correction of M&C C-21012 to Authorize the Execution of a Contract with Thos. S. Byrne Ltd., for the Construction of the Shamblee Branch Library in the Evans and Rosedale Business and Cultural District RECOMMENDATION: It is recommended that the City Council approve the correction of M&C C-21012 to remove the construction of a Public Health building from the scope of work and reduce the contract amount from $7,500,000 to $3,287,480 for the Construction Manager at Risk (CMAR) contract with Thos. S. Byrne, Ltd., authorized by that M&C. DISCUSSION: On September 20, 2005, (M&C C-21012) the City Council authorized the execution of a,$7,500,000 CMAR contract with Thos. S. Byrne, Ltd., for the construction of a new 34,000 square foot Public Health Building and 12,600 square foot Shamblee Branch Library (to include the adaptive re-use of the historic Tommy Tucker building as a part of the library complex) in the Evans and Rosedale Business and Cultural District. Subsequent to that action it was decided to pursue acquisition of the new Public Health building as a part of a master developer agreement for the 15 acre Business and Cultural District. Therefore the authorization granted by M&C C-21012 needs to be corrected to delete the Public Health Building from the scope of the CMAR contract and adjust the contract amount accordingly. Thos. S. Byrne, Ltd., has proposed a $3,287,480 guaranteed maximum price for the construction of the Shamblee Branch Library. Funding for this project is via a HUD Section 108 grant. _ Other budget items for this project are: Design - $280,424.00 �• ITS- $231,000.00 Fixtures/Furniture/Equipment- $871,000.00 Library Collection - $320,000.00 _ Contingency- $165,000.00 Staff/Misc. - $50,000.00 Estimated Total Project Cost- $5,204,904.00 Thos. S. Byrne, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 32 percent MNVBE participation. The City's MNVBE goal for this project is 32 percent. This project is located in COUNCIL DISTRICT 8. Lovname. 20 HAMBLLL Page 1 of 2 .r .� FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Fort Worth Local Development Corporation Fund. TO Fund/Account/Centers FROM Fund/Account/Centers R106 541200 02016006600 $3,287,480.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: Robert Goode (7801) Additional Information Contact: Greg Simmons (7862) i oonarne- 20g14AMBT_FF. Paec 2 of 2 BVM THOS.S.BYRNE,LTD. GENERAL CONTRACTORS Far W—•D—s•Aw.•$u know December 7,2006 Mr. Greg Simmons Facilities Manager Transportation&Public Works Department Facilities Management Division City of Fort Worth 319 West 10h Street Fort Worth, Texas 76102 Re:Evans&Rosedale Development Shamblee Branch Library Project Dear Greg, Byrne is pleased to respond to your E-mail inquiry regarding the Final Guaranteed -� Maximum Price for the Ella M. Shamblee Library Project dated December 6,2006. 1. Cost of Work Items—See Attachment"A" - 2. Allowance Items were included in Exhibit"E" in the FGMP proposal. A copy of that exhibit has been attached for your convenience. 3. General Condition Items—See Attachment"A" a. Our estimate includes a Project Engineer for half time. There are a few other places we have reduced our General Conditions and Cost of Work and our revised Guaranteed Maximum Price is attached.-See Attached Revised Exhibit`B" 4. The $30,000 Preconstruction fee has been removed from the FGMP Price. The amount removed from the FGMP was for our added work in the original phase one contract. The preconstruction fees are a separate ongoing contractual issue that needs to be settled between you and I. 5. Acknowledged 6. Test and Balance and Electrical Tab Sheets—See Attachment"C" 7. Break Down of New Library Vs. Tommy Tucker Building.—See Attachment"D" a. It is important to note that this is a breakdown for accounting purposes only and a more accurate breakdown can be provided once buyout is complete. Please review the attached exhibits and advise if you have any questions or need additional information. Very Truly Yours, Thos. S. Byrne,Ltd. Bill Scott Vice President—Construction Manager ExhrDit"A" General Conditions& Cost of Rork EKIFIT DECADES of EXCELLENCE 900 SUMMIT AVENUE BYM FORT WORTH,TEXAS 76102 TNOS.S.BYRNE,LTO. 8171335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Fw W--0--A---9K A— FAX 817/B775507 Ella M.Shambles Branch Library 10620 Evans Fort Worth,Texas General Conditions Quantity Unit of Measure TOTAL Construction Manager 3JWk $ 5,460.00 Project E 'neer 251VA $ 45,500.00 Security Trailer 1 Ea $ 2,165.00 Superintendent 401Wk $ 81,200.00 Office Supplies 91mo $ 4,871.25 Delivery Services 91mo $ 1,948.50 First Aid/OSHA Supplies 91mo $ 1,217.81 Fire Extinguishers/Recharge Ea $ 433.00 Telephone Local Service 91mo $ 3,409.88 el hone Long Distance Service 91mo $ 4,871.25 Telephone Equipment 2-lines 1 Ea $ 3,788.75 Miscellaneous Printing Mo $ 2,435.63 Pickup-Superintendent 91MO $ 8,010.00 Automobiles 9 Mo $ 8,019.00 Furniture without trailer) 1 Ea $ 2,706.25 Trailer 9 Mo $ 3,897.00 Setup Trailer 1 Ea $ 3,247.50 Coy Machine 9 Mo $ 3,409.88 Fax Machine 1 Ea $ 378.88 = Postal Scales 9 Mo $ 1,217.81 Computer 2 Ea $ 4,821.50 Mobile Telephone 9 Mo $ 3,897.00 as,Oil,Grease 9 Mo S 5,845.50 Equi ment Repair 9 Mo $ 1,948.50 Druo Testin Ea $ 300.00 TOTAL GENERAL CONDITIONS $ 204•999•88 Cost of Work Quantity Unit of Measure TOTAL Flagman 6lWk $ 51880.00 Field Engineer 35JWk $ 52,500.00 Field Engineer Helper 201VIA $ 25,200.00 Sewn /Fence 800ju $ 9,600.00 Safety 6 Bulletin Boards 2 Ea $ 2,000.00 Small Tools 1 LS $ 7,200.00 Priming 1 LS $ 18,000.00 Temporary Toilets 91mo $ 7,200.00 Tr—ash Dumping Fees 91mo $ 22,500.00 Clean Up Periodical 401Wk $ 33,600.00 Clean Up Final 1259 Sf $ 1,906.20 Clean Streets 51140 $ 3,900.00 HVAC&Elechicity Charges Mo $ 18,499.95 Water Charges Mo $ 1,800.00 Temporary Pole and Electrical Hookup 1 Ea $ 5,000.00 Temporary Water-SanitaryHookup 1 Ea $ 2,500.00 Levels 8 Transits Mo $ 4,000.00 Trash Containers Mo $ 450.00 BuildingPermit Fees 1 LS b Owner HUD Compliance 1 LS $ 25,960.50 TOTAL COSTS OF WORK $ 247,696.6 Page 1 Cost Breakdown by Scope III:Jill III; + Ella M.Shambles Library c ,..�;-. #-_ - � 4- 31-0ct-2006 1052 Evans,Ave Fort worth.Text ;,,.� ,. „r. .,.�`- r.• -,I'f';?h*a2 7-Dec-2006 TOTAL BID AMOUN $3,262,275 - TOTAL COST PER SF $269.12 - e-sictipti6ri: COST PERRam rIgs-, LABORSUB MATERIAL package SF DIV 1 General Requirements General Conditions $205,OO13 $+e Cost of Work 1=,-_ $247,697 11,19.67 Allowances $30,000 S238 DIV 2 She Work BP-02020 Interior Demolition E..', $69,510 4552 Thos S.Byme,Ltd. BP-02300 Earthwork $57,493 $4.57 HolBrnok res 10% $5,749 3 BP-02500 Site Utilities $41,535 $3.W TGR Conank6on Yea 100% $41,535 9 BP-026W Pavement Markings $1,312 $0.10 ATC Lora She No BP-02700 Site Improvements $5,850 $046 The Plavaafi Group Yea 100% $5,850 •., BP-02800 Lardscaping&Irigation $30,995 32 Hyaotedr Ye. 100% $30,995 BP-02833 Ornamental Fiber Fencing $7,334 $0,58 The Armor Group No DIV 3 Concrete BP-03100 Concrete $424,713 S33.n E3 Contract Consultant yes 100% $424,713 S BP-03500 Self{weliirg Concrete Tapping w/Concrete DIV 4 Masonry BP-04800 Masonry $179,661 $+42Morgan a Associates No BP-04901 Masonry Restoration&Cleaning w/Masonry DIV 5 Steel _-,BP-05100 Steel $290,300 $23.os Steel Conshuction Services No 1 BP-05750 Decorative Metal Sunscreens $9,797 so. Baan Roofing Yes 100% $9,797 BP-05750 Decorative Metal Durryster Enclosure w/Above DIV 6 Wood i Plastics a BP-06400 Millwork and Trim $41,800 SIM .1C Vlhv k No DIV 7 Thermal&MolsWre Protection �5 BP-07100 Waterproofing&Sealants $26,881 $114 vvyex l Parker No BP-07500 Roofag&Sheet Metal $82,627 Ww Bean Roofing Yes 100% $SZ627 BP-07842 Fire Resistive Joint Systems w/Allowances DIV 8 Doors&Windows S BP-08100 Doors,Frames&Hardware $50,225 33.99 Woodard No BP-08400 Glees&Glazing $153,796 $12B&H Glass Co. No BP-08550 Wood Windows $28,731 Pass wlndoac&Doors No DIV 9 Finishes BP-09200 Plaster $7,470 $o. SO 11 ast Lam 6 Rester No _5 BP-09250 Drywall&Acoustical $179,574 $1416 Harris Acoustical Yes 20% $5081 # 3,BP-09300 Tile $10,650 30.85 DaMath The No BP-09600 Wood Flooring See Alternate 1 BP-09680 Resilient Floodrg&Carpet $29,062 $2.31 Spectra CoexrS Flooring No D BP-09700 Stained Concrete $10,567 s0." ultimate Flooring No BP-09900 Panting $31,000 tt. Tarn plsip�Painting No 1 DIV 10 Specialities BP-10140 Signage $2,186 $0.17 Signs&Designs No BP-10350 Flagpoles $3,014 $024 Cosrord lndrsate./Byrne No BP-10530 Aluminum Canopies $7,583 s0-a Avedek No BP-10800 Toilet Partitions&Accessories $44,562 43.54 TBS Specials.Dkea Yes 100% $",562 DIV 14 Comsong Systema BP-14200 LUAA Elevator $55,355 x. LHt Aid..I- Yes 100% $55,355 5 DIV 15 Mechanical 4� BP-15000 Mechanical w/Below >C BP-15300 Fire Protection $44,58853. Bea St.Protect yes Yes 100% 1",588 51 BP-15400 Plmbing $101,465 se. Curtis Merirert s!Contractors Yes 100% $101,465 ^_BP-15800 HVAC $154,573 st2 Drxllvarks Yes 100% $154,573 BP-159W Test&Balance $4,100 so.33 Ass BAencing company No M DIV 16 Electrical S BP-16000 Electrical $328 564 tta.1 Lone Star ECS No e A Column Totals $2,999,570 $zls B Solas Tax Sales Ta:F�rempt Sales las Etempt Sales lea Exempt C Burden on Labor D UB T TA 35% $1,052,090 E CGL&Umbreb Insurance 0.66% $20,397 F Buiklers Ris 0.25% $7,550 G Btik9nq Penni 0.00% H I J TOTAL CONSTRUCTION COST $3,027,517 $240.47 35% K Preconstnrction Fee,lump sum $0 L IT 0.12% M F 5.00% 7$3,633 151,558 N Contingency 2.50% $79,588 O P TOTAL BID AMOUNI $3,262,275 $259.12 32.25% $1,052,090 Q ADD Payment&Performance Bond $25,205 Replace standard grey concrete al pavement area at Main Entry 653 R courtyard Area vain buff colored,a nAttem $e, aced concrete Provide%'TBG wood flooring in lieu S sheet vinyl flooring at Performance Ami Attemate 2 $18,410 #200 end,r201 T Provide dear protective security,PFtl Alternate 3 NO BID U Provide and install decorative film b Alternate 4 NO BID LLumar W ndaw FI Page 1 of 1 R z E � < «««« ««« Hz-Z-1:-!E � pj \ 0 222 ° ■ ■ ■ ■ ■ s §~ 2 «« {2J _ _222 \ � � ■a §§ �■§§� !� !!! ! lz' �_ z § § k � n a D � t P4 z § .5 � f}) ul ! 2 13 ca �! no J, ` f2 j !) $ ! § c0 K2 a $ � � • �2 �� V | Ln 2 ,,■ .2 ;`E CLA � ` ® COL !®` � S e ■aIm ■ � § § ;3)# s� � � ` © X22 § 8A . 0 . m . |� $� ■ -■ § l 22 � ` ~ .k ■ � '�a , .= s 2 ,e �f � � 2 � AD 11 !�k 2� 2 !&I - � � � IL k .,. ,�v_ @a ! . � , @— $ �— §a _ |a! ; �22 � §0 aS a zMOM!� 2; ~ q 8 0i § r ; § _ aaaa U c d E U l° Q n t7n � DCOOD DDDDDDDDDDD D D Y D D DDD D DD DD Y Y D D D t N N Y Zm O Y Y Y Y Y Y Y Y Y Y}Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ^ ^ M .6m ~ CtI a' 8 DDDDDDDDDDD D D D D D 88 "° '� DD DD DD D D Y z In o Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y S Om N K D OnV)OIOA in n YIO Na, dN N 0;11 NrN4'�1Da Y.Y.Y.14 0 Y.Y.U. 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N1L F v_ EI< N N a W NNIa NIO 1�NOION F W a O O O O O O O O r l e 9 a Sz m � bg0000eer0000 V) CC=�9 y00000000000 O W C G m 0 0 0 0 0 0 0 0 0 0 0 m 6Qm3m N�140IWOi.1DilOi.1OiweOiM.1Oi1Oa Q a Q Q Z 2 Z Z aaaa zzzz aaaa zzzz aaaa zzzz aaaa zzzz I—P zz zzzz so Y 61 01 Y Y Y Y ° ° Y Y N O 10 a Q a Q ZZZZ m M Il OO Q Q Q QNN �-1 Y Y Y N �ry m Z Z 2 N �+f �+f NO N N -� JE ,� w z m0 cg° o a 8c 3 3 U55�� a I s S i ~ " 5aS9� 10 0.026 f3 sYooj-c+, 3oi ` vtt Lps NaW 8aM e o E a S n e §a Ae c a L g 0.9+ ; puc` (cp0i=� e > ° Eck-a`oa � uzi big C �__6~ U d Li yiF RR g$ i ° a°o ' 8 E 8 S $ 8 E E E 12 a=�a s o > 3! 8e SQ�n(fl` .0 o°eaa E E E c aaaa Atiachment'D' COST ESTIMATE BREAKDOWN(FOR ACCOUNTING PURPOSES ONL I9 EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S.BYRNE,LTD. 817x335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Fo.T Wa •D.—•A—•S..A.* FAX 817/8775507 Ella M.Shambles Branch Library 1062 Evans,Fort Worth,Texas Date: 1217/06 Print Date: 1217/06 Total Project Cost Library Project Cost Tommy Tucker Building Trade Package Cost Cost Cost General Conditions $205,000 69.00% $141,450 31.00% $63,550 Cost of Work $247,697 69.00% $170,911 31.00% $76,786 Allowances $30,000 69.00% $20,700 31.00% $9,300 Interior Demolition $69,510 0.00% 100.00% $69,510 Earthwork $57,493 69.00% $39,670 31.00% $17,823 Site Utilities $41,535 69.00% $28,659 31.00% $12,876 Pavement Markings $1,312 68.98% $905 31.02%1 $407 Site Improvements $5,850 68.99% $4,036 31.01% $1,814 -- Landscaping&Irrigation $30,995 69.00% $21,387 31.00% $9,608 Ornamental Fiber Fencing $7,334 100.00% $7,334 0.00% $0 Concrete $424,713 85.000/6 $361,006 15.00% $63,707 Self-LevelingConcrete Topping w/Concrete w/Concrete /Concrete .Masonry $179,661 100.00% $101,042 0.00% $0 Masonry Restoration&Cleaning /Masonry w/Masonry $78,619 Steel $290,300 85.00% $246,755 15.00% $43,545 Decorative Metal Sunscreens $9,797 100.00% $9,797 0.00% $0 Decorative Metal Dum ster Enclosure /above w/above w/above Millwork and Trim $41,800 56.00% $23,408 44.00% $18,392 Waterproofing&Sealants $26,881 50.00% $13,440 50.00% $13,441 Roofing&Sheet Metal $82,627 82.00% $67,754 18.00% $14,873 Fire Resistive Joint Systems w/allowances w/allowances w/allowances Doors,Frames&Hardware $50,225 69.00% $34,655 31.00% $15,570 Glass&Glazing $153,796 97.00% $149,182 3.00% $4,614 Wood Windows $28,731 0.00% 100.00% $28,731 Plaster $7,470 78.01% $5,827 21.99% $1,643 Drywall&Acoustical $179,574 75.00% $134,680 25.00% $44,894 Tile $10,650 85.00% $9,052 15.00% $1,598 Resilient Flooring&Carpet $29,062 65.00% $18,890 35.00% $10,172 Stained Concrete $10,567 57.00% $6,023 43.00% $4,544 Painting $31,000 47.00% $14,570 53.00% $16,430 Signage $2,186 68.98% $1,508 31.02% $676 Flagpoles $3,014 69.01% $2,080 30.99% $934 Aluminum Canopies $7,583 100.00% $7,583 0.00% $0 Toilet Partitions&Accessories $44,562 76.00% $33,867 24.00% $10,695 LU/LA Elevator $55,355 0.00% $0 100.00% $55,355 Fire Protection $44,588 69.00% $30,766 31.00% $13,822 Plumbing $101,465 69.00% $70,011 31.00% $31,454 HVAC $154,573 69.00% $106,655 31.00% $47,918 Test&Balance $4,100 69.00% $2,829 31.00% $1,271 Electrical 1 $328,564 69.00% $226,709 31.00% $101,855 Subtotal $2,999,5701 1 $2,113,141 $886,429 CGL&Umbrella Insurance 0.68% $20,397 $14,369 $6,028 Builders Risk 0.25%1 $7,550 $5,319 $2,231 Construction Costs $3,027,517 $2,132,829 $894,688 Preconstrvdion Fee,lump sum IT 0.12% $3,633 $2,559 $1,074 Fee 5.00% $151,558 $106,769 $44,788 lContingency 2.50%1 $79,568 $56,054 $23,514 'Ibtal $3,262,275 70.45% $2,298,212 29.55% $964,063 Page 1 Cost Estimate Breakdown by Building Exhibit"E" Unit Costs and Allowances EIGHT DECADES OF EXCELLENCE 900 SUMMIT AVENUE UT off FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 FoeT Wovam•DALLAS•Mum•SAM Amm FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans, Fort Worth,Texas Date: 12/4/06 Print Date: 12/4/06 Building Square Feet: 12,590 Unit Pricing ADD Deduct 1 18"Diameter Drilled Piers(Tumkey) $40.25 $23.45 2 24"Diameter Drilled Piers(Tumkey) $47.15 $27.47 3 18"Diameter Temporary Pier Casing $14.95 N/A 4 24"Diameter Temporary Pier Casing $18.40 N/A Allowances specified in Contract Documents 1 None shorn $ 0.00 Allowances included by Thos.S.Byme,Ltd.for work requiring clarification 1 Adjust existing utilities to new grades $ 1,000.00 2 Utility Vault's not shown but required by City $ 9,500.00 3 Remove existing Domestic,Sanitary&Gas services(Utilities) $ 3,000.00 4 Modular Block Retaining Wall $ 5,000.00 5 Automatic Hardware at Ornamental Fiber Fence(includes power) $ 1,500.00 6 Fire Resistive Joint Systems $ 10,000.00 Pagel Unit Costs&Allowances Attachment 1 FGMP Breakdown CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY PROJECT Page 4 of 46 i Attachment"D" i COST ESTIMATE BREAKDOWN(FOR ACCOUNTING PURPOSES ONLY) EIGHT DECADES OF EXCELLENCE BV 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S.BYRNE,LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Fa.!wow.D—� -A"A-c..A—M FAX 617/8775507 Ella M.Shambles Branch Library 1062 Evans,Fort Worth,Texas Date: 12(1106 Print Date: 1217/06 Total Project Cost Library Project Cost Tommy Tucker Building Trade Package Cost Cost Cost General Conditions $205,000 69.00% $141,450 31.00%1 $63,550 Cost of Work $247,697 69.00% $170,911 31m00% $76,786 Allowances $30,000 69.00% $20,700 31.00% $9,300 Interior Demolition $69,510 0.00% 100.00% $69,510 Earthwork $57,493 69.00% $39,670 31.00% $17,823 Site Utilities $41,535 69.00% $28,659 31.00% $12,876 Pavement Markings $1,312 68.98% $905 31.02% $407 Site Improvements $5,850 68.99% $4,036 31.01% $1,814 Landscaping&Irrigation $30,995 69.00% $21,387 31.00% $9,608 Ornamental Fiber Fencing $7,334 100.00% $7,334 0.00% $0 Concrete $424,713 85.00% $361,006 15.00% $63,707 Self-Leveling Concrete Topping w/Concrete w/Concrete w/Concrete Masonry $179,661 100.00% $101,042 0.00% $0 Masonry Restoration&Cleaning wl Mason w/Masonry $78,619 Steel $290,300 85.00% $246,755 15.00% $43,545 Decorative Metal Sunscreens $9,797 100.00% $9.797 0.00% $0 Decorative Metal Dum ster Enclosure wlabove wlabove w/above Millwork and Trim $41,800 56.00% $23,408 44.00% $18,392 Waterproofing&Sealants $26,881 50.00% $13,440 50.00% $13,441 Roofing&Sheet Metal $82,627 82.00% $67,754 18.00% $14,873 Fire Resistive Joint Systems w/allowances w/allowances w/allowances Doors,Frames&Hardware $50,225 69.00% $34,655 31.00% $15,570 Glass&Glazing $153,796 97.00% $149,182 3.00%1 $4,614 Wood Windows $28,731 0.00% $0 100.00°fo $28,731 Plaster $7,470 78.01% $5,827 21.99%1 $1,643 Drywall&Acoustical $179,574 75.00% $134,680 25.00% $44,894 Tile $10,650 85.00% $9,052 15.00% $1,598 Resilient Flooring&Carpet $29,062 65.00% $18,890 35.00% $10,172 Stained Concrete $10,567 57.00% $6,023 43.00% $4,74 - Painting $31,000 47.00% $14,570 53.00% $16,430 Signage $2,186 68.98% $1,508 31.02% $678 Flagpoles $3,014 69.01% $2,080 30.99% $934 Aluminum Canopies $7,583 100.00% $7,583 0.00% $0 Toilet Partitions&Accessories $44,562 76.00% $33,867 24.00% $10,695 LU/LA Elevator $55,355 0.00% $0 100.00% $55.355 Fire Protection $44,588 69.00% $30,766 31.00% $13,822 Plumbing $101,465 69.00% $70,011 31.00% $31,454 HVAC $154,573 69.00% $106,655 31.00% $47,918 Test&Balance $4,100 69.00% $2,829 31.00% $1,271 Electrical $328,564 69.00% $226709 31.00% $101,855 Subtotal $2,999,570 $2,113,141 $886,429 CGL&Umbrella Insurance 0.68% $20,397 $14,369 $6,028 Builders Risk 0.25% $7,550 $5,319 $2,231 Construction Costs $3,027,517 $2,132,829 $894,688 Preconstruction Fee,lump sum IT 0.12% $3,633 $2,559 $1,074 Fee 5.00°% $151,558 $106,769 $44,788 Contingency 2.50%1 $79,5681 $23.514 Total $3,262,275 70.45% $2,298,212 29.55% $964,063 Page 1 Cost Estimate Breakdown by Building I Ella M.Shambles Library 31-Oct-2006 1062 Evans,Ave Fort Worth,Taxes 'j-, I 7-Dec-2206 TOTAL BID $3,262,275 TOTAL COST PER SF 5259.12 I DIV i 2General Conditions $205,000 $16,2E .... . ...... Cost of Work $247,697 $1967 Allowances $30,000 $2.38 ...... ....... .......... ............ rr 5 DIV 2 Ste Work .... .... .. ..... .... .... ....... .... BP-02020 Interior Demolition $69,510 $5M Th-S.livirsi,I.W. . ...... ..... ..... ... .... ... ... ..... .... .... .... .... SP-02300 Earthwork $57,493 $4,57 HaBrook yes 10% $5,749 ...... .... ......... .. .. ....� .1........ .....1 ... BP-02500 Site Utilities $41,535 63.30 TOR Construction Y- 100% $41,535 ... ... ...... .. .... .. .... .... ATC j BP-02600 .- Pavement Markings ...... ..... $1,312 . ..... .... ..... N 'C', BP-02700 Site Improvements, $5,850 so.� The Flaysall Group Y- 100% $5.650 I BP-02800 Landscaping&Irrigation $30,995 .... .... .. .... ..... Yes iiiiiiii ... .... 12 BP-02833 Ornamental-Fiber Fencing $7,334 s0 seThs And-G-P No DIV 3 Concrete 1,1 BP-03100 Concrete $424,1713 . ..... $33.7'.3 E.3.Con. -Consulter.t. Y'se.... 19"1 $424,713.1. 6 BP-03500 Self-Leveling Concrete Topping W/Concrete f ...... ..... ..... .... DIV 4 Masonry ... ..... ... BP-04800 Masonry, $179,661 il4l? Morgan&Assoislais No BP-04901 Masonry Restoration&Cleaning w/Masonry ... .... ... DIV 5 Steel 2,0 BP-05100 • Steel $290,300 ....... ..... $23.06 S"CTWI!Flkaij" No sills 21 BP-05750 Decorative Metal Sunscreens $9,797 $0.78 B"s'"Rolling 22 BP-05750 Decorative Metal Dumpater Enclosure w/Above 23 DIV 6 Wood&Plastics .... ...... 24 BP-06400 Millwork and Trim $41,800 $332 JC Millawk ..... ...... ... DIV 7 Thermal&Moisture Protection ...... .......... .............I............... 26,BP-07100 Waterproofing&Sealants $26,881 $2.14 W"'a"Parks"'LL No 27 BP-07500 Roofing&Sheat MWetal L. $82,627 66.56 '1 ...Yoe i6tIll: -Ilii.41127 ..... ..... . ..... 'L... ..... .... ..... ..... 28 BP-07842 Fire Resistive Joint Systems -1 Allowances . ..... ..... ..... ..... ...... ..... ..... . ...... .... .... 2� DIV 8 Doors&Windows 3(i BP-08100 Doors,Frames&Hardware $50,225SIN Woodand No ...... ..... .... .... .... .... .. .... .... 31 BP-08400 Glass&Glazing $153,796 $12.22 B&tOaas Co No ..... ...... ...... ..... ..... .... ...... ... ..... ..... 32.BP-08550 Wood Windows $2.28 PI VVInclass&Dooni III $28,731 .... ....... .. ...... . ..... .... .... .... 'i", DIV 9 Finishes BP-09200 io.59 Southst L*ath&P*'hft** Plaster $7Southwest , No BP-09250 Drywall&Acoustical $179,574 $14,26 Hard.Aoxxilioal Y" 28% 8W,281 BP-093M Tile $10,650 SI ........ I D.1 milive'M Tile No.... . ..... 37 BP-09600 Wood Flooring S.Alternate 1 ..... ..... .... ....... .... J�BP-09680 Resilient Flooring�Carpet, $29,062 $2,31 Specim Contract Awring W 39 BP-09700 Stained Concrete ...... ..... ..... as F".. Wills $10,567 No 40 BP-09900 Painting $31,000 $2.� T_Cm Painting N. 41 DIV 10 Specialties 12 RP-10140 . ..... Signage $2,180 . .... .... .. $017 ....Slip.n.&Dissim.L _...d3 BP-10350 Flagpoles $3014 S024 Conowd Indusibiss/BVm No '14 BP-10530 Aluminum Canopies $7:583 $0.60 A!" No 5 BP10800 Toilet Partitions&Accessories $44,562 $3.54 TBS SDaoY1lMa Dk as I Yw 11101. $4.3,502 10, DIV 14 Conveying Systems ...... .... 47 BP-14200 LU/LA Elevator $55,355 Sk+oY.. 4£z DIV 15 Mechanical 43 BP-15000 Mechanical w/Below ... .... .... .... ...... .. ...... ..... 0 BP-1530 Fire Potecin $4'r8 �.0 Bet P.tI Yda .1..0..0% $",568 I I L _ ...... . ..... BP-15400 Plumbing $101,465 W06 Curb.Mechanical Contraclon, yes to^ $101 40.5 .... ...... .... ...... .... ..... 52 BP-15600 HVAC $154,573 $1218 D"b"Ift Yea 100% $154,573 BP-15990 Test&Balan No ce $4,100 $1 Ak B*WII�g donipmI 54jBP-16016 00 Electrical 16610 Electrical 328.564 L.n.Star ECS N OSTPER less! SUB LABOR Remarks minority Percentage 77 i, r COlunt1j'jW_$2_,9_9_9,570 $238.2t Sale.Tax Eemp Tax ExIsnpt P surdega Labor D SUB TOTALI .57U 1 1 35% 1 S1.052.090 Lim 0.68% $20,397 law ,, IE Z57,551) .. ..... ...... ...... ....... ....... ..... 0.00% ..... ...... .. ..... ..... ..... ..... �7 IMF J TOTAL CONSTRUCTION COST $3,027,517 $240.47 35% Pf" lon $0 x-g ", 5-00% $151,558 0.12% $3,633 ..................... A J, .... ..... .... ..... .... $79,568 MR '0 P TOTALBIDAMOUN11 $3,262,275 $259.12 1 32.25% $1105ZOOD t ADDIP"mat I $25,205 %0911� C, Alternate 1 $6,653 ano" 'W asnos, $16,410 Alternate 2 Alternate 3 NO BID T FIR Alternate NO BID U1j IaaF $0 ;633, 1 5 55 $9 L7 Page 1 of 1 Exhibit'A" General Conditions& Cost of Work EIGHT DECADES OF EXCELLENCE BYM 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS,S.BYRNE,LTO, 817r335-3394 GENERAL CONTRACTORS METRO 8171429-13452 r w •❑ ,,•�...s.. FAX 8171877.6507 Ella M.Shamblee Branch Library 10620 Evans Fort Worth,Texas General Conditions Quantity Unit of Measure TOTAL Construction Manager 31Wk $ 5,460.00 Project Engineer 25JWk $ 45,500.00 Security Trailer 1 Ea $ 2,165.00 Superintendent 40 Wk $ 81,200.00 Office Supplies 9Mo $ 4,871.25 ' Delivery Services 9Mo $ 1,948.50 First Aid/OSHA Su lie 9 Mo $ 1,217.81 Fire Extinguishers/Recharge 8 Ea $ 433.00 Telephone Local Service 9 Mo $ 3,409.88 Telephone Long Distance Service 9 Mo $ 4,871.25 Telephone Equipment 2-lines 1 Ea $ 3,788.75 Miscellaneous Printing 9 Mo $ 2.435.63 Pickup-Superintendent 9M $ 8,010.00 Automobiles 9 Mo $ 8,019.00 Fumiture without trailer 1 Ea $ 2,706.25 Trailer 9 Mo $ 3,897.00 Setup Trailer 1 Ea $ 3,247.50 Copy Machine 9 Mo $ 3,409.88 Fax Machine 1 Ea $ 378.88 Postal Scales 9lMo $ 1,217.81 Computer 2 Ea $ 4,821.50 Mobile Telephone 9Mo 1 $ 3,897.00 Gas,Oil,Grease 9Mo $ .5,845.50 Equipment Repair 9Mo $ 1,948.50 Drua Testino 6 Ea 1 $ 300.00 TOTAL GENERAL CONDITIONS I $ 204,999.88 Cost of Work Quantity Unit of Measure TOTAL Flagman 6 Wk $ 5,880.00 Field Engineer 35 Wk $ 52,500.00 Field Engineer Helper 20 Wk $ 25,200.00 Security/Fence 800 Lf $ 9,600.00 Safety&Bulletin Boards 2 Ea $ 2,000.00 Small Tools 1 LS $ 7.200.00 Printing 1 LS $ 18,000.00 Temporary Toilets 9Mo $ 7,200.00 Trash Dumping Fees 91MO $ 22,500.00 Clean Up Periodical 40JWk $ 33,600.00 Clean Up Final 1259 Sf $ 1,906.20 Clean Streets 51mo $ 3,900.00 HVAC&Electricity Charges 9 Mo S 18,499.95 Water Charges 9 Mo $ 1,800.00 Temporary Pole and Electrical Hookup 1 Ea $ 5,000.00 Temporary Water-Sanitary Hookup 1 Ea $ 2,500.00 Levels&Transits 4 Mo $ 4,000.00 Trash Containers 9 Mo $ 450.00 Building Permit Fees 1 LS by Owner HUD Compliance 1 LS $ 25,960.50 TOTAL COSTS OF WORK $ 247,696.65 Page 1 Cost Breakdown by Scope Exhibit"E" Unit Costs and Allowances EIGHT DECADES OF EXCELLENCE 900 SUMMIT AVENUE BYM FORT WORTH,TEXAS 76102 THOS. S. BYRNE, LTD. 817/335-3394 �. GENERAL CONTRACTORS METRO 817/429-0452 Fm Wom-Mum-Amm-Sw AMroMw FAX 817/877-5507 Ella M. Shamblee Library 1062 Evans, Fort Worth,Texas Date: 12/4/06 Print Date: 12/4/06 Building Square Feet: 12,590 Unit Pricing ADD Deduct 1 18"Diameter Drilled Piers(Turnkey) $40.25 $23.45 2 24"Diameter Drilled Piers(Turnkey) $47.15 $27.47 3 18"Diameter Temporary Pier Casing $14.95 N/A - 4 24"Diameter Temporary Pier Casing $18.40 N/A Allowances specified in Contract Documents 1 None shown $ 0.00 Allowances included by Thos.S. Byrne, Ltd.for work requiring clarification 1 Adjust existing utilities to new grades $ 1,000.00 2 Utility Vault's not shown but required by City $ 9,500.00 3 Remove existing Domestic, Sanitary&Gas services(Utilities) $ 3,000.00 4 Modular Block Retaining Wall $ 5,000.00 5 Automatic Hardware at Ornamental Fiber Fence(includes power) $ 1,500.00 6 Fire Resistive Joint Systems $ 10,000.00 Page 1 Unit Costs&Allowances Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE 1 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 w Farrwanx-Duw-Aumi-Sam Am%= FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.oill Original Sheet Name Pa es Date SPECIFICATIONS Cover 1 09/13/06 Cover Sheet 2 09/13/06 Title Sheet TOC 4 09/13/06 Table of Contents 30 06/10/05 General Conditions for the Contract for Construction 47 04/01/00 Affirmative Action Plan 01100 2 09/13/06 SUMMARY 01230 2 09/13/06 ALTERNATES 01250 2 09/13/06 CONTRACT MODIFICATION PROCEDURES 01270 2 09/13/06 UNIT PRICES 01290 4 09/13/06 PAYMENT PROCEDURES 01310 6 09/13/06 PROJECT MANAGEMENT AND COORDINATION 01320 4 09/13/06 CONSTRUCTION PROGRESS DOCUMENTATION 01330 6 09/13/06 SUBMITTAL PROCEDURES 01351 3 09/13/06 SPECIAL PROCEDURES FOR HISTORIC TREATMENT 01400 4 09/13/06 QUALITY REQUIREMENTS 01420 5 09/13/06 REFERENCES 01500 6 09/13/06 TEMPORARY FACILITIES AND CONTROLS 01530 2 09/13/06 TREE PROTECTION 01600 4 09/13/06 PRODUCT REQUIREMENTS 01700 6 09/13/06 EXECUTION REQUIREMENTS 01731 3 09/13/06 CUTTING AND PATCHING 01732 4 09/13/06 SELECTIVE DEMOLITION 01770 4 09/13/06 CLOSEOUT PROCEDURES 01781 4 09/13/06 PROJECT RECORD DOCUMENTS 01782 7 09/13/06 OPERATION AND MAINTENANCE DATA 01820 4 09/13/06 DEMONSTRATION AND TRAINING 02000 6 09/13/06 SITEWORK GENERAL INFORMATION 02050 3 09/13/06 SITE DEMOLITION — 02100 2 09/13/06 SITE PREPARATION 02110 2 09/13/06 CLEARING AND GRUBBING 02210 3 09/13/06 FINE GRADING 02220 9 09/13/06 GENERAL EXCAVATION AND FILL r 02224 5 09/13/06 TRENCHING,BACKFILLING AND COMPACTING 02227 1 09/13/06 SAWING 02241 5 09/13/06 LIME STABILIZATION 02270 18 09/13/06 SITE EROSION AND SEDIMENT CONTROL 02300 3 09/13/06 EARTHWORK T 02371 5 09/13/06 DRILLED PIERS 02520 7 09/13/06 PORTLAND CEMENT CONCRETE PAVING FOR PARKING 02550 4 09/13/06 WATER AND SANITARY SEWER SYSTEM 02610 2 09/13/06 PAVEMENT STRIPING AND MARKINGS — 02700 1 09/13/06 SITE IMPROVEMENTS 02720 7 09/13/06 STORM DRAINAGE SYSTEMS 02750 12 09/13/06 IRRIGATION 02800 4 09/13/06 TREE,SCRUB&GROUNDCOVER PLANTING 02810 4 09/13/06 TURFGRASS PLANTING 02833 5 09/13/06 ORNAMENTAL PICKET FIBER FENCE 02910 1 3 1 09/13/06 ITOPSOIL Pagel Contract Documents List Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Fw,ft"N-Duuu-Auew-&w Awrwwo FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.of Original Sheet Name 1. Pages 11 Date 03100 6 09/13/06 CONCRETE FORMWORK 03200 6 09/13/06 CONCRETE REINFORCEMENT 03250 5 09/13/06 CONCRETE ACCESSORIES 03290 11 09/13/06 JOINTS IN CONCRETE 03300 13 09/13/06 CAST-IN-PLACE CONCRETE 03541 3 09/13/06 SELF-LEVELING CONCRETE TOPPING 04720 5 09/13/06 CAST STONE 04810 14 09/13/06 UNIT MASONRY ASSEMBLIES 04901 10 09/13/06 CLAY MASONRY RESTORATION AND CLEANING 05120 8 09/13/06 STRUCTURAL STEEL 05210 3 09/13/06 STEEL JOISTS 05300 3 09/13/06 METAL DECKING 05400 7 09/13/06 COLD FORMED METAL FRAMING 05500 10 09/13/06 MISCELLANEOUS METALS 05501 3 09/13/06 ANCHOR BOLTS,EXPANSION ANCHORS AND CONCRETE INSERTS 05511 6 09/13/06 METAL STAIRS 05521 8 09/13/06 PIPE AND TUBE RAILINGS 05700 5 09/13/06 ORNAMENTAL METALS 05750 10 09/13/06 DECORATIVE FORMED METAL 06100 5 09/13/06 ROUGH CARPENTRY 06160 3 09/13/06 SHEATHING 06201 5 09/13/06 EXTERIOR FINISHED CARPENTRY 06202 5 09/13/06 INTERIOR FINISH CARPENTRY 06402 8 09/13/06 INTERIOR ARCHITECTURAL WOODWORK 07141 5 09/13/06 COLD APPLIED ELASTOMERIC WATERPROOFING 07190 3 09/13/06 WATER REPELLENTS 07210 5 09/13/06 BUILDING INSULATION 07551 10 09/13/06 APP MODIFIED BITUMINOUS MEMBRANE ROOFING 07610 12 09/13/06 SHEET METAL ROOFING 07710 7 09/13/06 MANUFACTURED ROOF SPECIALTIES 07842 4 09/13/06 FIRE RESISTIVE JOINT SYSTEMS 07920 8 09/13/06 JOINT SEALANTS 08110 8 09/13/06 STEEL DOORS AND FRAMES 08141 5 09/13/06 FLUSH WOOD DOORS 08212 4 09/13/06 STILE AND RAIL WOOD DOORS 08311 3 09/13/06 ACCESS DOORS AND FRAMES 08411 8 09/13/06 ALUMINUM FRAMED ENTRANCES AND STOREFRONT 08550 6 09/13/06 CLAD WOOD WINDOWS 08710 18 09/13/06 DOOR HARDWARE 08800 6 09/13/06 GLAZING 08830 4 09/13/06 MIRRORS 09220 6 09/13/06 PORTLAND CEMENT PLASTER 09250 8 09/13/06 GYPSUM BOARD 09310 8 09/13/06 CERAMIC TILE 09512 6 09/13/06 ACOUSTICAL TILE CEILINGS 09640 4 09/13/06 WOOD FLOORING _ 09651 7 09/13/06 RESILIENT FLOOR TILE 09680 5 09/13/06 CARPET 09720 1 4 1 09/13/06 IWALL COVERINGS Page 2 Contract Documents List Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE -- SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S.BYRNE,LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 f Fear Www"•Omm•Amm•&a Ammw FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.of Original Sheet Name Pages I Date 09900 12 09/13/06 PAINTING 10140 5 09/13/06 SIGNAGE 10155 3 09/13/06 TOILET COMPARTMENTS 10350 3 09/13/06 FLAGPOLES 10441 3 09/13/06 FIRE EXTINGUISHERS,CABINETS AND ACCESSORIES 10530 5 09/13/06 EXTRUDED ALUMINUM CANOPIES 10801 5 09/13/06 TOILET AND BATH ACCESSORIES 10999 4 09/13/06 MISCELLANEOUS SPECIALTIES 14250 5 09/13/06 LU/LA COMMERCIAL ELEVATOR 15010 10 09/13/06 BASIC MECHANICAL REQUIREMENTS 15012 5 09/13/06 MECHANICAL AND ELECTRICAL COORDINATION 15140 8 09/13/06 SUPPORT AND ANCHORS 15190 5 09/13/06 MECHANICAL IDENTIFICATION 15241 4 09/13/06 VIBRATION CONTROL 15250 8 09/13/06 MECHANICAL INSULATION 15310 6 09/13/06 FIRE PROTECTION PIPING 15330 5 09/13/06 AUTOMATIC SPRINKLER SYSTEMS 15410 14 09/13/06 PLUMBING PIPING 15430 7 09/13/06 PLUMBING SPECIALTIES 15442 5 09/13/06 PLUMBING FIXTURES 15450 5 09/13/06 PLUMBING EQUIPMENT 15782 7 09/13/06 ROOFTOP HEATING AND COOLING UNITS 15835 6 09/13/06 SPLIT SYSTEM HEAT PUMPS 15860 6 09/13/06 FANS 15891 9 09/13/06 METAL DUCTWORK 15910 5 09/13/06 DUCTWORK ACCESSORIES 15932 5 09/13/06 AIR OUTLETS AND INLETS 15965 3 09/13/06 MOTOR CONTROLLERS 15972 21 09/13/06 BUILDING CONTROL SYSTEM BCS 15985 4 09/13/06 SEQUENCES OF OPERATION 15990 4 09/13/06 TESTING,ADJUSTING AND BALANCING 16010 12 09/13/06 GENERAL REQUIREMENTS FOR ELECTRICAL WORK 16012 5 09/13/06 MECHANICAL AND ELECTRICAL COORDINATION 16111 5 09/13/06 CONDUITS 16120 3 09/13/06 WIRES AND CABLES 16122 2 09/13/06 WIRE CONNECTION AND DEVICES 16129 2 09/13/06 SEALING OF PENETRATIONS 16130 3 09/13/06 OUTLET BOXES 16131 2 09/13/06 PULL AND JUNCTION BOXES 16133 2 09/13/06 CABINETS 16140 4 09/13/06 WIRING DEVICES 16143 2 09/13/06 TELEPOWER POLES -- 16160 3 09/13/06 MOTORS,MOTOR STARTERS AND CONTROLS 16170 1 09/13/06 DISCONNECT SWITCHES 16180 3 09/13/06 OVERCURRENT PROTECTIVE DEVICES 16190 3 09/13/06 SUPPORTING DEVICES _ 16420 2 09/13/06 ELECTRICAL SERVICE ENTRANCE 16421 1 09/13/06 ELECTRICAL METERING 16450 1 2 1 09/13/06 1GROUNDING Page 3 Contract Documents List Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS. S.CONTRACTORS LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Farr WDWN-Nuri-Aum WAwow FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.of Original Sheet Name Pa es11 Date 16460 4 09/13/06 DRY TYPE TRANSFORMERS 16470 3 09/13/06 SWITCHBOARDS 16471 2 09/13/06 PANELBOARDS 16472 3 09/13/06 DISTRIBUTION PANELBOARDS 16480 2 09/13/06 CONNECTION TO ELEVATOR 16500 3 09/13/06 LIGHTING 16520 4 09/13/06 LOW VOLTAGE LIGHTING CONTROL SYSTEM 16721 17 09/13/06 INTELLIGENT REPORTING FIRE DETECTION SYSTEM 16735 2 09/13/06 CONNECTIONS TO KITCHEN EQUIPMENT 16741 2 09/13/06 EMPTY CONDUIT SYSTEMS 16851 2 09/13/06 MISCELLANEOUS ITEMS 16950 4 09/13/06 OCCUPANCY SENSORS Drawings C1.00 1 09/20/06 CIVIL SITE PLAN C2.00 1 09/20/06 SITE DEMOLITION PLAN C2.10 1 09/20/06 PAVING&DIMENSIONAL CONTROL PLAN C2.20 1 09/20/06 GRADING PLAN C2.30 1 09/20/06 DRAINAGE AREA MAP C3.10 1 09/20/06 SITE UTILITY PLAN C3.15 1 09/20/06 DRAINAGE PLAN&PROFILE C4.00 1 09/20/06 EROSION CONTROL PLAN C.500 1 09/20/06 PAVING&DRAINAGE DETAILS C6.00 1 09/20/06 EROSION CONTROL DETAILS L-1 1 09/13/06 LANDSCAPE PLAN AND DETAILS L-2 1 09/13/06 IRRIGATION PLAN AND DETAILS A0.01 1 09/20/06 GENERAL NOTES/WALL TYPES A0.02 1 09/20/06 GENERAL NOTES-ADA/TAS STANDARDS AD1.01 1 09/20/06 TT-DEMOLITION SITE PLAN AD2.01 1 09/20/06 TT-DEMOLITION FLOOR PLAN AD2.02 1 09/20/06 TT-DEMOLITION ROOF PLAN&SECTIONS AD3.01 1 09/20/06 TT-DEMOLITION EXTERIOR ELEVATIONS AR1.01 1 09/20/06 TT-REMEDIAL WORK @ EXTERIOR ELEVATIONS AR2.01 1 09/20/06 TT-REMEDIAL WORK @ BUILDING SECTIONS AR3.01 1 09/20/06 TT-REMEDIAL WORK @ WALL SECTIONS AR4.01 1 09/20/06 TT-PLAN DETAILS SHEET#1 AR4.02 1 09/20/06 TT-PLAN DETAILS SHEET#2 AR4.03 1 09/20/06 TT-WALL DETAILS A1.01 1 09/20/06 ARCHITECTURAL SITE PLAN A1.02 1 09/20/06 ENLARGED SITE PLANS&DETAILS A1.03 1 09/20/06 ENLARGED SITE PLANS&DETAILS A2.01 1 09/20/06 DOOR SCHEDULE&DETAILS A2.02 1 09/20/06 WINDOW SCHEDULE&DETAILS A2.03 1 09/20/06 WINDOW SCHEDULE&DETAILS A2.04 1 09/20/06 FINISH SCHEDULE&DETAILS A2.05 1 09/20/06 FURNITURE PLANS A3.01 1 09/20/06 KEY FLOOR PLANS&NOTES A3.02 1 09/20/06 DIMENSIONAL CONTROL FLOOR PLANS A3.03 1 09/20/06 CLEARSTORY PLANS-KEY NOTES&DIMENSIONS A4.01 1 09/20/06 REFLECTED CEILING PLANS Page 4 Cor ra�4! �� 1_571Em, Tei. Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE am 900 SUMMIT AVENUE 'SYK FORT WORTH,TEXAS 76102 THOS.S. BYRNE, LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 Farr wom•D+um•Aero,•s.w Amro FAX 817/877-5507 Ella M.Shamblee Library �. 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.of Original Sheet Name t Pages. Date 11 A4.02 1 09/20/06 CEILING DETAILS&NOTES A5.01 1 09/20/06 ROOF PLAN&NOTES A5.02 1 09/20/06 ROOF DETAILS A6.01 1 09/20/06 EXTERIOR ELEVATIONS A7.01 1 09/20/06 BUILDING SECTIONS A8.01 1 09/20/06 INTERIOR ELEVATIONS A9.01 1 09/20/06 ENLARGED PLANS&DETAILS @ STAIRS&ELEVATOR A9.02 1 09/20/06 ELEVATOR SECTION&DETAILS A9.03 1 09/20/06 STAIR SECTIONS&DETAILS A9.04 1 09/20/06 ENLARGED PLANS&DETAILS-TOILETS A9.05 1 09/20/06 ENLARGED PLANS&DETAILS-KITCHEN A9.06 1 09/20/06 ENLARGED PLANS&DETAILS CIRCULATION DESK A10.01 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.02 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.03 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.04 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.05 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.06 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.07 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.08 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.09 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A10.10 1 09/20/06 ELEVATION DETAIL&WALL SECTIONS A11.01 1 09/20/06 PLAN DETAILS A11.02 1 09/20/06 PLAN DETAILS Al2.01 1 09/20/06 SECTION DETAILS Al2.02 1 09/20/06 SECTION DETAILS Al2.03 1 09/20/06 SECTION DETAILS Al2.04 1 09/20/06 SECTION DETAILS S1.01 1 09/20/06 GENERAL STRUCTURAL NOTES S2.01 1 09/20/06 FOUNDATION PLAN S2.02 1 09/20/06 ROOF FRAMING&2ND FLOOR FRAMING TT S3.01 1 09/20/06 FOUNDATION DETAILS S3.02 1 09/20/06 FOUNDATION DETAILS S3.03 1 09/20/06 FOUNDATION DETAILS S5.01 1 09/20/06 STEEL DETAILS I S5.02 1 09/20/06 STEEL DETAILS II S5.03 1 09/20/06 STEEL DETAILS III S5.04 1 09/20/06 STEEL DETAILS IV M1.01 1 09/20/06 MECHANICAL FLOOR PLANS M2.01 1 09/20/06 MECHANICAL ROOF PLAN M3.01 1 09/20/06 MECHANICAL DETAILS M3.02 1 1 09/20/06 MECHANICAL SCHEDULES M3.03 1 09/20/06 MECHANICAL IECC FORMS P1.01 1 09/20/06 PLUMBING PLAN P2.01 1 09/20/06 PLUMBING ROOF PLAN P3.01 1 09/20/06 PLUMBING RISER DIAGRAMS P3.02 1 09/20/06 PLUMBING DETAILS P3.03 1 09/20/06 PLUMBING SCHEDULES F131.01 1 09/20/06 IFIRE PROTECTION PLAN Page 5 Contract Documents List Exhibit"A" Contract Documents List EIGHT DECADES OF EXCELLENCE Ike 900 SUMMIT AVENUE FORT WORTH,TEXAS 76102 THOS.S. BYRNE,LTD. 817/335-3394 GENERAL CONTRACTORS METRO 817/429-0452 No wane•Daw•Aimw-&x Awmw FAX 817/877-5507 Ella M.Shamblee Library 1062 Evans,Fort Worth,Texas Contract Documents List Sheet No.of Original Sheet Name Pages Date FP2.01 1 09/20/06 FIRE ALARM DETAILS E1.01 1 09/20/06 ELECTRICAL SITE PLAN E2.01 1 09/20/06 LIGHTING PLANS E3.01 1 09/20/06 POWER PLANS E4.01 1 09/20/06 SIGNAL PLANS E5.01 1 09/20/06 ELECTRICAL SCHEDULES E6.01 1 1 09/20/06 JELECTRICAL SCHEDULES Addenda w 81 1 10/30/06 jAddendum One 6 1 11/06/06 lAddendum Two Page 6 Contract Documents List Attachment 2 City of Fort Worth, Texas Transportation and Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION MANAGER AT RISK(CMAR) SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the Parties,including but not necessarily limited to,the Contract, Notice to Bidders,Architect/Engineer construction documents,the Request for Proposals,CMAR's Proposal, General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda and/or Amendments signed by all Parties,Change Orders,written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the CMAR and the City,or Change Order,or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by the Contract Documents. A4 PROJECT MANAGER. A City employee of the Architectural Services department assigned to be the point person for day-to-day communications with the City. The Project Manager for this Contract is: Nancy Richardson,Registered Architect,during design and Jack Durham, Senior Construction Manager during construction. Thee City may change the Project Manager and will notify the CMAR of any such change. A-5 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals,with all required attachments,including required bonds and insurance certificates,by the CMAR and the City in such form as may be prescribed by law and returned to the City within ten business days of notification to CMAR. Failure to execute contracts and provide required enclosures would be grounds for revocation of award and taking of Bid Bond. A-6 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal,the bidder shall examine Y carefully the,Plans,Specifications,special provisions,and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that it has complied with these requirements and has accepted the site as suitable for the Work. CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY PROJECT Page 5 of 46 CMAR shall be responsible for all costs associated with naturally occurring differing or unforeseen site conditions. T City shall be responsible for any costs associated with manmade differing or unforeseen site conditions. This provision shall not apply to the renovation,repair,or rehabilitation of any existing structure. A-7 ONE UNIFIED CONTRACT. Insofar as possible,the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor, supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-8 DIVISION OF WORK. The arrangement of drawings and/or Specifications into Divisions,Sections, .� Articles,or other Subdivisions shall not be binding upon the CMAR in dividing the Work among Subcontractors or Trades. A-9 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the Work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CMAR,or City,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the Parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect CMAR,or any Subcontractor or materialsman,or involving any question of fault or liability of any Party,the decision of the City shall be final and binding. In the event of inconsistency in the Contract Documents,the following sequence for interpretation shall be used in order of precedence:Change Orders and/or field orders(by date of issuance);addenda(by date of issuance); drawings;notes and dimensions on drawings;Technical Specifications;Special Provisions; Supplementary General Conditions;General Conditions;and,Contract. A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. . CMAR shall pay the cost of reproduction for all copies of drawings and Specifications necessary for its work All drawings,Specifications and copies thereof furnished by the City or the Architect are and shall remain the property of the City. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the City on request after the completion of the Work A-11 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects except where federal guidelines are mandatory for funding.(i.e.TxDOT or EPA) A-12 CORRELATION AND INTENT. In general,the drawings indicate dimension,locations,positions, quantities,and kinds of construction;the Specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified or vice-versa,shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the Specifications the better quality or greater quantity or work or materials Y shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small- scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur - without the Architects approval. A-13 AGE In accordance with the policy""of the Executive Branch of the federal government,CMAR covenants that neither it nor any of its officers,members,agents,employees,program participants or Subcontractors, while engaged in performing this Contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 6 of 46 persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statuto- ry requirement. CMAR further covenants that neither it nor its officers,members,agents,employees,Subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory equipment. CMAR warrants it will fully comply with the federal policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third Parties or Subcontractor against City arising out of CMAR's and/or its Subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. A-14 DISABILITY:In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA'), CMAR warrants that it and any and all of its Subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of CMAR or any of its Subcontractors.CMAR warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third Parties or Subcontractors against City arising out of CMAR's and/or its Subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term"Architect"is used in the General Conditions,it shall refer to the design architect or engineer. B-2 DUTIES OF THE ARCHITECT As used herein,the term Architect means the Architect or its authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the CMAR. B-3 ARCHITECT AS REPRESENTATIVE OF THE CITY The Project Manager will provide general administration of the Contract on behalf of the City and will have authority to act as the representative of the City to the extent provided in the Contract Documents unless changed in writing by the City. The Architect will be available for conferences and consultations with the City or the CMAR at all reasonable times. B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the site to familiarize himself with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations,the Architect will keep the City informed of the progress of the Work and will endeavor to guard the City against defects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's applications for payments,the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts. B-5 INTERPRETATIONS. The Architect will be,in the first instance,the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the CMAR.,subject to the final decision of the City. B-6 MISCELLANEOUS DUTIES OF ARCHITECT. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 7 of 46 Shop Drawings. The Architect will review shop drawings and Samples,The Architect may retain a working and file copy of the shop drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the City by the Architect. All remaining copies will be returned to the CMAR. Change Orders. Change Orders and field orders for minor changes in the Work will be issued by the City pursuant to its processes. Guarantees. The City will receive all written guarantees and related documents required of the CMAR.Upon completion of the project the CMAR shall provide the City six(6)copies of each guarantee. The specified guarantees and warranties will be submitted in the O&M Manuals listed below. Inspections The City will conduct inspections for the purpose of determining and making its recommendations concerning the dates of substantial completion and final completion. The City&Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The City will receive six copies of all applicable equipment installation, operation,and maintenance brochures and manuals required of the CMAR. B-7 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the City,the City shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or shall appoint a successor Architect. SECTION C CITY as OWNER C-1 IDENTIFICATION. The City of Fort Worth is acting herein by its duly authorized representatives in the manner provided by law. Depending upon the action to be taken,authorized representatives include the City Manager,Assistant City Manager,the Director and of Transportation and Public Works Department and members of the Architectural Services Division. Generally speaking a designated representative will be the Project Manager identified from within the Architectural Services Division to act as a point of contact for day-to-day.contract administration. C-2 DUTIES OF THE CITY. The City shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work which may be reasonably relied upon by CMAR provided, _ however,that the CMAR hereby covenants that it has inspected the premises and familiarized itself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the City's survey are for information only,are not binding upon the City.The City shall secure and pay for title to the site and all necessary permanent or construction easements. The City will cooperate with the CMAR in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the CMAR. C-3 INSTRUCTIONS. The City shall issue all instructions to the CMAR through the Project Manager. C-4 ACCESS TO JOB SITE. The City shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the City may perform its assigned functions v under the Contract Documents. C-5 PROGRESS INSPECTIONS. The City will make visits to the site to become familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the Work,the City will approve and authorize the CMAR's applications for payments. C-6 AUTHORITY TO STOP WORK. The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever,in its reasonable opinion,the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the City will have authority to GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 8 of 46 require the CMAR to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and the Project Manager that the Work is substantially complete,the City will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect,City and CMAR.Items identified during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the CMAR,and accepted,approved and signed by the City. C-8 RIGHT TO AUDIT. CMAR agrees that the City shall,until the expiration of three years after final payment under this Contract,have access to and the right to examine any directly pertinent books,documents,papers and records of the CMAR involving transactions relating to this Contract. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books,documents,papers and records of such Subcontractor, involving transactions to the subcontract.The term"subcontract"as used herein includes purchase orders. CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONSTRUCTION MANAGER AT RISK(CMAR) D-1 IDENTIFICATION OF CMAR AND BASIC DUTIES. The CMAR is the person or organization identified as such in the Contract.The term CMAR means the Construction Manager at Risk or its authorized representative. The term Contractor is synonymous with CMAR in this performance of the construction portion of the Work. The duties of the CMAR are as follows: 1. The CMAR will propose a Guaranteed Maximum Price("GMP")for the construction of the Work that is within the Construction Budget after or during the completion of the design phase services. 2. The CMAR will serve as general contractor for the Work during the construction phase including the selection of Subcontractors and prompt payment to Subcontractors and suppliers. D-2 INDEPENDENT CONTRACTOR. CMAR shall perform all work and services hereunder as an independent contractor,not as agent,or employee of the City. CMAR shall have exclusive control of and the - exclusive right to control the details of the Work and services performed hereunder,and all persons performing same,and CMAR shall be solely responsible for the acts of its officers,agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the CMAR,its officers,agents and n employees,and the doctrine of respondeat superior shall not apply as between the City and the CMAR. D-3 SUBLETTING.It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said CMAR without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Contract, - Conditions of the Contract,drawings,Specifications,addenda and modifications and shall at once report to the City and to the Architect any error,inconsistency or omission it may discover. However,CMAR shall not be responsible for ascertaining that the drawings and specifications are sufficient for use performing the work,adequate for their intended purpose,or in compliance with applicable law,regulations or building codes.The CMAR shall do no work without drawings,Specifications and Interpretations. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 9 of 46 D-5 SUPERVISION. The CMAR shall supervise and direct the Work,using its best skill and attention.He shall be solely responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. _ D-6 LABOR AND MATERIALS. Unless otherwise specifically noted,the CMAR shall provide and pay for all labor,materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers,workmen and materialmen The general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. The CMAR shall at all times enforce strict discipline and good order among its employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. a) Dp!y to pay Prevailing Wavy Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code(Chapter 2258),including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. b) Penalty for Violation. The CMAR or any Subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City$60 for each worker employed for each calendar day or part of _ the day that the worker is paid less than the prevailing wage rates stipulated in these Contract Documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. c) Complaints of Violations and City Determination.of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by the CMAR or a Subcontractor,the City shall make an initial determination,before the 31'day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. ` d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised statutes) if the contractor or Subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a Party in the arbitration. The decision and award of the arbitrator is fmal and binding on all Parties and may be enforced in any court of competent jurisdiction. e) Records to be Maintained. The CMAR and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show(i) the name and occupation of each worker employed by the CMAR in the construction of the Work provided for in this Contract;and(ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these Contract Documents shall pertain to this inspection. GENERAL CONDITIONS CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH Pae 10 of 46 V �2 f) Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas Government Code. g) Postingof f Wa a Rates. The CMAR shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. h) Subcontractor Compliance. The CMAR shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g.Davis-Bacon)the CMAR agrees to meet all requirements of such - programs. This project will require Davis-Bacon wage rates. D-8 WARRANTY. The CMAR warrants to the City and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified,and that all work will be of good quality,free from faults and defects,and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the City,the CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The CMAR is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. City will furnish tax exemption certificate to CMAR. D-10 LICENSES,NOTICES AND FEES. The CMAR shall obtain all Permits,Licenses,Certificates,and Inspections,whether permanent or temporary,required by law or these Contract Documents. Fees for Permits, Licenses,Certificates and Inspections performed by other departments of City are waived. The CMAR shall give all Notices and comply with all laws,ordinances,rules,regulations,statutes,City Charter, orders,and directives of any public authority bearing on the performance of the Work.If the CMAR observes or becomes aware that any of the Contract Documents are at variance therewith in any respect,it shall promptly notify the Architect-&City in writing and any necessary changes will be made.If the CMAR performs any Wbrk knowing that it is in violation of,or contrary to,any of such laws,ordinances,rules,regulations,statutes,City Charter, ordinances,orders,directives,or regulations without furnishing notice to the City,the CMAR will assume full responsibility therefore and bear all costs attributable thereto. D-11 SUPERINTENDENT. The CMAR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Work site during the progress of the Work.The superintendent shall be satisfactory to the CMAR and the City.The superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the CMAR.All binding communications from the City or Architect will be confirmed in writing.Other communications will be so confirmed on written request in each case. D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the City for the acts and omissions of all its employees and all Subcontractors,their agents and employees,and all other persons performing any of the Work. D-13 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the City shall have the right,after providing CMAR Ten(10)days written notice and an opportunity to cure,to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,and if,in the completion thereof, the reasonable cost to the City shall exceed the Contract price or prices set forth in the said Plans and Specifications made a part hereof,the CMAR and/or its Surety shall pay City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 11 of 46 D-14 PROGRESS SCHEDULE. The CMAR,immediately after being awarded the Contract,shall prepare and submit for the Project Manager's approval,an estimated progress schedule for the Work.The progress schedule shall be related to the entire project.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Project Manager's approval.It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. It shall also include review and approval dates that are equally binding on the Architect and City. The CMAR shall submit an updated progress schedule the Project Manager at least monthly for approval along with the CMAR's monthly progress payment requests. D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the City one copy of all drawings,Specifications,addenda,approved Shop Drawings,Change Orders,and other changes and amendments in good order and marked to record all changes made during construction.These shall also be available to the Architect to review while on site. The drawings,marked to record all concealed/covered mechanical,electrical,and plumbing work and all request for information changes made during construction,shall be delivered to the City upon completion of the Work.The Architect will prepare,and provide to the City,one complete set of reproducible record drawings of the Work. D-16 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings,diagrams,illustrations,schedules, performance charts,brochures and other data which are prepared by the CMAR or any Subcontractor,manufacturer, - supplier or distributor,and which illustrate some portion of the Work. Samples are physical examples furnished by the CMAR to illustrate materials,equipment or workmanship,and to _ establish standards by which the Work will be judged. The CMAR shall review,stamp with its approval and submit,with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other CMAR,normally within the first 90 days of the Work, seven(7)copies of all Shop Drawings and four(4)Samples required by the Contract Documents or subsequently as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified.At the time of submission the CMAR shall inform the'Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the CMAR thereby represents that it has determined and verified all field measurements,field construction criteria,materials,catalog numbers and similar data,and that it has checked and coordinated each shop drawing given in the Contract Documents. The Architect will review and approve Shop Drawings and Samples within the timeframes of the approved schedule and with reasonable promptness so as to cause no delay,but only for conformance with the Contract Documents of the project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item fimctions. The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved.The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any ` deviation from the requirements of the Contract Documents unless the CMAR has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 12 of 46 No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-17 SITE USE. The CMAR shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment.Until acceptance of the Work by the City, the entire site of the Work shall be under the exclusive control,care and responsibility of the CMAR.CMAR shall take reasonable precaution against injury or damage to persons or property by the action of the elements or from any other foreseeable cause whatsoever.The CMAR shall rebuild,repair, restore and make good at its own expenses damages to any portions of the Work occasioned by any of the above to it's original form,caused before acceptance. D-18 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of its Work that may required to make its several parts fit together properly,and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-19 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work CMAR shall remove all its waste materials and rubbish from and about the project as well as all its tools,construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings"broom-clean",CMAR shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,remove paint spots and smears from all surfaces, clean fixtures and wash all concrete,tile and terrazzo floors. If the CMAR fails to clean up,the City may do so,and the cost thereof shall be charged to the CMAR. D-20 COMMUNICATIONS. As a general rule,the CMAR shall forward all communications to the City and concurrently to the Architect. D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS.CMAR shall;observe- atiz}comply with the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the Work at the site.The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or its authorized representative. Nothing contained in the Contract,Documents shall create any contractual relation between the City and the Architect and any Subcontractor or any of its sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS.The CMAR shall comply with requirements of Sections 271.118 and 271.025,Texas Local Government Code,in advertising and awarding contracts to subcontractors. City shall comply with the requirements of Section 271.1180),Texas Local Government Code. CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all elements of Work exceeding$25,000 other than the General conditions. To self-perform work,the CMAR must submit a bid or proposal in the same manner as the major trade Subcontractors mentioned above. CMAR may perform all other duties as required. CMAR will provide City full access to the results of all bid solicitations prior to the award of any subcontract. CMAR will recommend to the City the Subcontractor to be awarded each bid package. City shall have the right to reject the use of any subcontractor found objectionable. If a rejected subcontractor is the low,qualified bidder the GMP shall be adjusted upwards by an amount equal to the difference between the bid amount of the subcontractor receiving the award and the bid amount of the rejected subcontractor. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 13 of 46 The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the City and the Architect,unless the substitution is also acceptable to the City and the Architect.The CMAR shall not be entitled to any adjustment in the GMP based on a CMAR initiated substitution. CMAR shall comply with the requirements of City Ordinance 15530 regarding Minority and Women Owned Businesses in all subcontracting opportunities. E-3 TERMS OF SUBCONTRACTS. All work performed for the CMAR by a Subcontractor shall be pursuant to an appropriate agreement between the CMAR and the Subcontractor(and where appropriate between Subcontractors and Sub-subcontractors),which shall contain provisions that: 1. Preserve and protect the rights of the City and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the CMAR of applications for payment under each subcontract to which the CMAR is a Party,in reasonable time to enable the CMAR to apply for payment; 4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the CMAR(via any Subcontractor or Sub- subcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the CMAR upon the City; 5. Waive all rights the contracting Parties may have against one another for damages caused by fire or other perils covered by the property insurance,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the City and the Architect,whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE(M/WBE),Should the base bid be less than ` $25,000,the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 15530(the"Ordinance"),the City of Fort Worth sets goals for the participation of minority and women business enterprises(M/WBE)in City contracts. Ordinance No 15530 is incorporated in these General Conditions by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE documentation required by the procurement solicitation must be submitted within five City business days after bid opening. Failure to comply with the City's M/WBE Ordinance,or to demonstrate a "good faith effort",shall result in a bid being considered non-responsive. During Construction: CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE Subcontractors and or suppliers prior to issuance of the Notice to Proceed. CMAR shall also provide monthly reports on utilization of the Subcontractors to the M/WBE Office and the Construction Manager. CMAR must provide the City with complete and accurate information regarding actual work performed by an M/WBE on the Contract and proof of payment thereof. CMAR further agrees to permit an audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts and/or the commission of fraud by the CMAR will be grounds for termination of the Contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement. An offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three(3)years. The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 14 of 46 contract as stated herein,may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one(1)year. The CMAR may count toward the goal any tier of MWBE Subcontractors and/or suppliers. The CMAR may count v toward its goal a portion of the total dollar amount of the Contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the Work to be performed. All Subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an M/WBE Subcontractor or supplier,the M/WBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the Contract,the CMAR shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the MWBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the CMAR represented in its bid/proposal to the City that it alone would perform the subcontracting/suppher opportunity work,the CMAR shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12.3 and 12.4 of the 00rdinance,exclusive of the time requirements stated in such subsections. _ 3. The CMAR shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM,if,during the term of any contract,the CMAR wishes to change or delete one or more M/WBE Subcontractors or suppliers. Justification for change of Subcontractors may be granted for the following: .1. An M/WBE's failure to provide Workers' Compensation Insurance evidence as required by state law;or 2. An M/WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the CMAR by the City;or 2)the limits contained in the CMAR's standard subcontract or supply agreements used on other projects of similar size and scope and within the CMAR's normal business practice with non-M/WBE Subcontractors/subconsultants or suppliers;or 3. An MWBE's failure to execute the CMAR's standard subcontract form,if entering a subcontract is required by the CMAR in its normal course of business,unless such failure is due to: - a) A change in the amount of the previously agreed to bid or scope of work;or b) The contract presented provides for payment once a month or longer and the CMAR is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the M/WBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the CMAR's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An M/WBE defaults in the performance of the executed subcontract. In this event,the CMAR shall: GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 15 of 46 a) Request bids from all M/WBE Subcontractors previously submitting bids for the Work, b) If reasonably practicable,request bids from previously non-bidding M/WBEs,and c) Provide to the M/WBE office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. Within ten days after final payment from the City the CMAR shall provide the M/WBE Office with documentation to reflect final participation of each Subcontractor and supplier,including non-M/WBEs,used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor,upon receipt of payment from the City,an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work.The CMAR shall also require each Subcontractor to make similar payments to its subcontractors. If the City refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault { of a particular Subcontractor,the CMAR shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for its Work to the extent completed,less the retained percentage. The CMAR shall pay each Subcontractor a just share of any insurance monies received by the CMAR,and it shall require each Subcontractor to make similar payments to its Subcontractors. The City may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified to the CMAR on account of Work done by such Subcontractors. E-6 SUBCONTRACTOR REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS Each Subcontractor must agree to comply with all applicable federal,state,and local requirements in addition to those set forth in this section. No Subcontractor will be employed on this project,except as specifically approved by the City,who is contained in the listing of contractors debarred,ineligible,suspended or indebted to the United States from contractual dealings with federal government departments. The work performed by any such contractor or Subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include,or incorporate by reference,the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon. Each Subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime CMAR who will compile them and submit to the City.The Subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 Each subcontract with every Subcontractor must contain a clause committing the Subcontractor to make a good faith effort to provide(define good faith effort)employment of local labor to the maximum extent possible. SECTION F GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 16 of 46 SEPARATE CONTRACTS F-1 CITY'S RIGHT. The City reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work,"the contractor"in the Contract Documents in each case shall be the contractor who signs each separate contract. City will notify and provide CMAR in advance of the scope of work for other contractors and,if any work beyond the scope of work as defined by the Contract Documents is required of the CMAR,allow CMAR to adjust Contract for coordination issues. F-2 MUTUAL RESPONSIBILITY OF CMARS. The CMAR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work,and shall properly provide for connections and coordination of its work with theirs. If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractors,the CMAR shall inspect and promptly report to the City any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the CMAR to inspect and report shall constitute an acceptance of the other CMAR's work as fit and proper to receive its Work,except as to defects which may develop in the other separate CMAR's work after the execution of the CMAR's Work. Should the CMAR cause damage to the work or property of any separate CMAR on the site,the CMAR shall,upon due notice;settle with ' such other CMAR by agreement,if it will so settle. If such separate CMAR sues the City on account of any damage alleged to have been so sustained,the City shall notify the CMAR who shall defend against such suit at the CMAR's expense,and if any judgment against the City arises therefrom,the CMAR shall pay or satisfy such judgment and shall reimburse the City for all attorney's fees,court costs and expenses which the City has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting, fitting or patching of its Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.The CMAR shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect.Any costs caused by defective or ill-timed work shall be borne by the Party responsible therefore. = F-4 CITY'S RIGHT TO CLEAN UP. If a dispute arises between the CMAR and a separate contractor as to their responsibility for cleaning up,the City may clean up and charge the cost thereof to the CMAR and other contractor(s)as the Director of the Department of Transportation and Public Works shall determine to be just and mutually agreeable with CMAR. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract.The CMAR must familiarize itself and strictly comply with all federal,state,county and city laws,statutes,City Charter, ordinances,regulations,or directives controlling the action or operation of those engaged upon the Work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such laws,statutes,City Charter,ordinances,regulations,or directives,whether by CMAR,its employees,agents or Subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this Contract is made and entered into by the Parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the CMAR agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the City herein,the officers,agents and employees of the City of Fort Worth are GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 17 of 46 engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. CMAR agrees to comply with all federal,state and local laws,including all ordinances,rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished project are not subject to State Sales Tax. The City is responsible for obtaining the Building Permit. The CMAR and the appropriate Subcontractor are responsible for obtaining all other construction permits from the governing agencies. CMAR shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water and sewer tap,impact&access fees will be paid by the City. Any other permit fees are the responsibility of the CMAR. G-5 INDEMNIFICATION:CMAR COVENANTS AND AGREES TO INDEMNIFY CITY'S ENGINEER AND ARCHITECT,AND THEIR PERSONNEL AT THE PROJECT SITE FOR CMAR'S SOLE NEGLIGENCE. IN ADDITION,CMAR COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND,AT ITS OWN EXPENSE,THE CITY,ITS OFFICERS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS, PROPERTY DAMAGE,PERSONAL INJURY,INCLUDING DEATH,TO THE EXTENT ARISING OUT OF,OR ALLEGED TO ARISE OUT OF,THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CMAR,ITS OFFICERS,AGENTS,EMPLOYEES,SUBCONTRACTORS,LICENSEES OR INVITEES,CMAR LIKEWISE COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY FROM AND AGAINST ANY AND ALL INJURIES TO CITY'S OFFICERS, SERVANTS AND EMPLOYEES AND ANY DAMAGE,LOSS OR DESTRUCTION TO PROPERTY OF THE CITY TO THE EXTENTARISING FROM THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT. In the event City receives a written claim for damages against the CMAR or its Subcontractors prior to final payment,final payment shall not be made until CMAR either(a)submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides City with a letter-from CMAR's liability w insurance carrier that the claim has been referred to the insurance carrier. The City's authorized representative may,if it deems it appropriate,refuse to accept bids on other City of Fort Worth public work from a CMAR against whom a claim for damages is outstanding as a result of work performed under a v City contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this Contract shall be binding upon and insure to the benefit of the Parties hereto,their successors or assigns.CMAR shall not assign or sublet all or any part of this Contract or its rights or duties hereunder without the prior written consent of the City.Any such purported assignment or subletting without the prior written consent of City shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The CMAR agrees,on the submittal of its Proposal to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials famished in the prosecution of the Work,such bonds being as provided and required in Article 5160 of the Revised Civil statutes of Texas,as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total Contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 18 of 46 aw Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly .. executed by both the CMAR and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. .. In order for a surety to be acceptable to the City,the surety must(1)hold a certificate of authority from the United states secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2) have obtained reinsurance for any liability in excess of it$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sold discretion,will determine the adequacy of the proof required herein. Nor sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the Contract be determined unsatisfactory at any time by the City,notice will be given to the CMAR to that effect and the CMAR shall provide a new surety satisfactory to the City. G-9 CITY'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the City may, after Two(2)days written notice and an opportunity to cure has been provided to CMAR,without prejudice to any other remedy it may have,enter the site and make good such deficiencies.In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default,neglect or failure.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the City. G-10 TESTS. If the Contract Documents,laws,ordinances,rules,regulations or orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the CMAR shall give the City timely notice of its readiness and the date arranged so the Architect may observe such inspection,testing or approval.The City shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work,the City determines that any Work requires special inspection,testing or approval not included above,the City,upon written authorization from the City,will instruct the CMAR to order such special inspection,testing or approval,and the CMAR shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply with the requirements of the Contract Documents,the CMAR shall bear all costs thereof,including the Architect's additional services made necessary by such costs;otherwise the City shall bear such costs,and an appropriate Change Order shall be issued. The CMAR shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by it to the City.The Architect will review the certificates and forward one copy of each with its recommendation(s)to the City. If the City wishes to observe the inspections,tests or approvals required by this Section,they will do so promptly and,where practicable,at the source of supply. Neither the observations of the Architect or the City in their administration of the Contract,nor inspections,tests or approvals by persons other than the CMAR shall relieve the CMAR from its obligations to perform the Work in accordance with the Contract Documents. G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the Work under this Contract with a minimum of outage time for all utilities.Interruption shall be by approved sections of the utility. r, In some cases,the CMAR may be required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved by the City.When it is necessary to interrupt the existing utilities,the CMAR shall notify the City in writing at least ten days in advance of the time that it desires the existing service to be interrupted.The interruption time shall be kept to a minimum.Depending upon the activities at an GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 19 of 46 existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the CMAR.In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the CMAR of existing utility services shall be as approved by the City. G-12 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work.Discrepancies between drawings, Specifications,and existing conditions shall be referred to Architect for adjustment before work affected is performed.Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory workmanlike manner at the CMAR's sole expense. The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the = Construction Documents. Prior to commencing work,the CMAR shall carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings;each with the other that in any affects the locations or elevation of the Work to be executed by it,and should any discrepancy be found,it shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on its part to comply with this function shall be done at the CMAR's sole expense. G-13 MEASUREMENTS: Before ordering any material or doing any Work,the CMAR shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings if the extra cost could have been avoided by the CMAR measuring before ordering.Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the Project. G-14 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the Project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved,replaced or protected,as required,whether or not shown or specified at the CMAR's sole expense. Existing overhead electric lines are taken down at the City's expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the drawings. + Location of existing underground lines,shown the drawings are based on the best available sources,but are to be regarded as approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-15 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages. CMAR's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the CMAR not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no cost to the City. G-16 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the Contract Documents,whether expressly stated or not,that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the Project. The CMAR shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the Project,including advising all materials suppliers and Subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact the potable water supply. r G-17 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment,piping, ductwork,etc.are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs,it shall be brought to the Architect's attention immediately and the relocation determined GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 20 of 46 in a joint conference.The CMAR will be held responsible for the relocating of any items without first obtaining the •• Architect's approval.He shall remove and relocate such items at its own expense if so directed by the City.Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. G-18 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,equipment,tools,and machinery or any other item thereon.No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-19 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products,processes,equipment,or the like be installed or applied in accordance with manufacturer's instructions, direction or Specifications,or words to this effect,it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Seven(7)copies of such instructions shall be furnished to the Architect and its approval thereof obtained before work is begun. a G-20 CLEANING UP.The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work.At completion of Work,the General CMAR shall,immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary,and all temporary labels,tags,and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 8. Clean all glass surfaces and mirrors of putty,paint materials,etc.,without scratching or injuring the glass and leave the Work bright,clean and polished.Cost of this cleaning work shall be home by CMAR. 9. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all Work under the Contract. 10. Burning:Burning of rubbish on the premises will not be permitted. G-21 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period.If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 21 of 46 G-22 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. .,. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-23 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by CMAR in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-24 PROJECT CLOSEOUT. Final Inspection,Record Drawings:Attention is called to General Conditions Section entitled,"Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 ''/z"x 11",except pull out sheets may be neatly folded to 8%z"x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of Project lettered on front and shall contain: 1) Name,address and trade of all Subcontractors. 2) Complete maintenance instructions;name,address,and telephone number of installing CMAR,manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures,valves,water heaters,heating and cooling equipment,temperature control, fan,electrical panels,service entrance equipment and light fixtures. Provide local supplier contact information for all parts associated with same. 4) Manufacturer's name,type,color designation for resilient floors,windows,doors,concrete block,paint,roofing, other materials. Submit six copies of Maintenance Manual,prior to request for final payment. Operational lnMection and Maintenance Instruction:The CMAR shall provide at its expense,competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the drawings and Specifications.This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the City in the proper operation and maintenance of each item. G-25 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project,prior to final payment,guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by Subcontractors and submitted through the CMAR to Architect.Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 22 of 46 The CMAR shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain .. portions of work,are for longer periods,General CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this Contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by City. Guarantees shall not apply to work where damage is result of abuse,neglect by City or its successor(s)in interest. T The CMAR agrees to warrant its Work and materials provided in accordance with this Contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees,the CMAR shall warrant all work materials,and equipment against - defects for a period of one year from the date of final acceptance. The CMAR further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the CMAR,the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-26 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the Work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose,or by subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such variations shall conform to standard drafting practice and shall include supplementary notes,legends and details that may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition, the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-27 CONSTRUCTION FENCE. At the CMAR's option,it may provide a substantial chain-link-construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original-or contract condition. G-28 PRODUCT DELIVERY,STORAGE,HANDLING. The CMAR shall handle,store and protect materials and products,including fabricated components,by methods and means which will prevent damage, deterioration and loss,including theft(and resulting delays),thereby ensuring highest quality results as the Work progresses.Control delivery schedules so as to minimize unnecessary long-term storage at Project site prior to installation. G-29 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the .. Specifications or Plans for City salvage shall be carefully removed and delivered to the City at any location in within the City limits as directed by the City. G-31 MANUFACTURER'S REFERENCE.Catalog,brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered.CMAR shall inform the City of any substitutions intended for the Project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the CMAR to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the CMAR,the CMAR will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment. SECTION R CONTRACT TIME GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 23 of 46 H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner. The date of commencement of the Work is the date established in the Notice to Proceed. The Notice to Proceed will be issued upon issuance of the Building Permit. The Date of Substantial Completion of the Work or designated portion thereof is the date certified by the Architect - and the City_that construction is sufficiently complete,in accordance with the Contract Documents,so the City may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by official action authorized by the City,and no other form of acceptance will be binding upon the City. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a"Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the Project Manager with final approval by the City of Fort Worth. A Working Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions not under the control of the CMAR permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m.and 6:00 p.m.However,nothing in these Contract Documents shall be construed as prohibiting the CMAR from working on Saturdays if it so desires.Legal holidays are defined as being New Year's Day,Independence Day,Labor Day,Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The CMAR shall begin the Work on the date of commencement as defined in this Section.He shall cant'the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the T Work by any act of the City or the Architect,or by any authorized employee of the City,or by any separate CMAR employed by the City,or by changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation, unavoidable casualties or any causes beyond the CMAR's reasonable control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the City. If a delay exists for more than 10 days the City will review and consider the impact of such delays on the site overhead costs to the CMAR upon receipt of a written ., request by the CMAR.If the CMAR should reasonably believe that the delay will ensue for more than 10 days it shall take all reasonable steps to suspend its costs incurred. If the City determines that the delay is substantial and will persist beyond ten days it may exercise its right to terminate the Project and this Agreement. Nothing contained in this Section shall limit the City's rights to terminate this Agreement. When the CMAR is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time and/or costs for delay shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARYrvgl7 Page 24 of 46 SECTION I PAYMENTS AND COMPLETION _ I-1 GUARANTEED MAXIMUM PRICE.The Guaranteed Maximum Price("GMP")as stated in the Contract Documents is the maximum amount potentially payable by the City to the CMAR for the construction of the Work. The CMAR will be reimbursed for the actual cost for the construction including burdens and CMAR's Fee up to the amount of the GMP. The Guaranteed Maximum Price(GMP)for this Project is 3,287,480.00. The GMP includes a line item totaling$79,568.00 designated as the CMAR's Contingency that may be utilized for cost overruns for which CMAR is not entitled to a change order and an increase in the GMP. The CMAR must provide information that specifically details and documents the nature and amount of the overrun prior to expending any of the Contingency item. Any unused Contingency shall be returned to Owner in the form of savings. I-2 SCHEDULE OF VALUES.Before the first Application for Payment,the CMAR shall submit to the Project Manager a Schedule of Values of the various portions of the Work,including quantities if required by the Project Manager,aggregating the total Contract Sum,divided so as to facilitate payments to Subcontractors, prepared in such form as specified or as the Project Manager and the CMAR may agree upon,and supported by such data to substantiate its correctness as the Project Manager may require.Each item in the Schedule of Values shall include its proper share of overhead and profit.The Schedule of Values,when approved by the Architect and the City,shall be used as a basis for the CMAR's Applications for Payment. I-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the CMAR will make current estimates in writing for review by the Architect of materials in place on a percentage complete basis and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. The CMAR fee will be paid over the life of the Project in proportion to the percentage of work complete. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and ` suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the CMAR of bills of sale or such other procedures satisfactory to the City to establish the City's title to such-materials or equipment or otherwise protect the City's interest including applicable insurance and - transportation to the site. The CMAR warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether incorporated in the Project or not,will pass to the City upon the receipt of such payment by the CMAR,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens";and that no Work,materials or equipment covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the site or fiunishing materials and equipment for the Work,subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. The CMAR shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment",and attached thereto AIA Document G703,"Continuation Sheet",to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-4 CERTIFICATES FOR PAYMENT. If the CMAR has made Application for Payment as above,the above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment,with a copy to the CMAR,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the City,based on the Project Manager's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion,to the results of any subsequent tests required by GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 25 of 46 r the Contract Documents,to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the City that the CMAR be paid in the amount certified.In addition,the Architect's approval of final payment assures the City that the conditions precedent to the CMAR's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment,the City shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works.For contracts less than$400,000,City shall pay 90%of the approved estimate to the CMAR within seven days after its approval,and the remaining 10%of each such estimate will be retained by the City until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth.For contracts in excess of$400,000,the City will retain only 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment,nor any progress payment,nor any partial or entire use or occupancy of the Project by the City,shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the CMAR of liability in respect to any warranties or responsibility for faulty materials or workmanship.The CMAR shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. Costs for damages to other work as defined herein are considered job cost. I-5 PAYMENTS WITHHELD. The Project Manager may decline to approve an Application for Payment and may withhold its Certificate in whole or in part if in its opinion it is unable to make the representations to the City as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in its opinion to protect the City from loss because of. Defective work not remedied; 1) Claims filed or reasonable evidence indicating probable filing of claims; 2) Failure of the CMAR to make payments properly to Subcontractors,or for labor,materials or equipment; 3) Reasonable doubt that the Work can be_completed for the unpaid balance of the Contract Sum; 4) Damage to another contractor 5) Reasonable indication that the Work will not be completed within the Contract Time;or 6) Unsatisfactory prosecution of the Work by the CMAR. When such grounds for the refusal of payment are removed,payment shall be made for amounts withheld because of them.The.City reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the CMAR fails to perform the Work in accordance with the Specifications. I-6 LIOUEDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to$100,000 $154 $100,000 to$500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 over$10,000,000 $980 GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 26 of 46 I-7 FAILURE OF PAYMENT If,without fault on the part of the CMAR,the Project Manager should fail to issue any Certificate for Payment within seven days after receipt of the CMAR's Application for Payment,if the CMAR's Application for Payment,or if,without fault on the part of the CMAR,the City should fail to approve such estimate or to pay to the CMAR 90%or 95%(as applicable)of the amount thereof within the period of time specified,then the CMAR may,upon seven(7)days additional written notice to the City and to the Architect,stop the Work until payment of the amount owing has been received. I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT.Prior to the request for final payment,the CMAR must meet all provisions for Project closeout. When the CMAR determines that the Work is substantially complete,the CMAR shall inspect the Project and prepare a"Preliminary Punch List". Within Seven(7)working days of the preliminary punch list being completed, the Architect shall issue its punch list. When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,it then will prepare a Certificate of Substantial Completion(G704),which shall allow the CMAR to request a Certificate of Occupancy that will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the City and the CMAR for maintenance,heat,utilities,and insurance and the City shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys and all punchlist items.The CMAR shall complete the remaining work listed therein within 15 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 2.5%. Upon completion of the work listed on the Architects punch list and the items below to the satisfaction of the City of Fort Worth,the retainage shall be reduced to 0%. Should the CMAR fail to complete all contractual requirements of the Contract,including submittals and final pay request within the fixed time,the contract time will again commence. Should the CMAR fail to complete the Work within the contract duration,liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the CMAR. The CMAR shall submit the following items to the City prior to requesting final payment: 1) CMAR's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the City or its property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) CMAR's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases,and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the City. 5) CMAR's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor,materialman or laborer refuses to furnish a CMAR's Affidavit of Release of Liens,the CMAR may,at the election of the City,furnish a bond satisfactory to the City to indemnify it against any right,claim or lien that might be asserted by such Subcontractor,materialman or laborer.If any such right,claim or lien remains unsatisfied after all payments are made.The CMAR shall refund to the City all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims by the CMAR except those previously made in writing and still unsettled. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 27 of 46 The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the City.Final payment and release of the retainage amount will become .. due within fifteen days following acceptance. I-9 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The CMAR shall designate a responsible member of its organization at the site whose additional duty shall be the prevention of accidents.This person shall be the CMAR's superintendent unless otherwise designated in writing by the CMAR to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care,custody or control of the CMAR or any of its Subcontractors;and (3) Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work,it shall be under the charge and care of the CMAR,and it shall take every precaution - against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The CMAR shall rebuild,repair,restore and make good,at its own expense,all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The CMAR shall comply with all applicable laws,ordinances,rules,regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss.He shall erect and maintain,as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any Subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of w them may be liable,shall be remedied by the CMAR. The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS AND SAFETY GLASSES. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each CMAR,employee and visitor at any construction site included in the Contract will be required to wear a hardhat and eye protection.The CMAR shall enforce the wearing of hard GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 28 of 46 hats and safety glasses by CMAR,employees and visitors. CMAR shall provide ten hard hats and safety glasses-for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the CMAR shall act at its discretion to prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the CMAR on account of emergency work shall be determined as provided in changes in the Work. J-5 SAFE WORK PRACTICES.The CMAR shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of its workmen,City employees and the public. The CMAR shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the Work,the CMAR shall remove all its wastes and rubbish from and about the work area,as well as its tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the Work was undertaken. J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the CMAR shall include a per unit cost for trench safety measures in its bid. If not included in the Proposal,the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in its Schedule of Values. SECTION K-INSURANCE rs K-1 INSURANCE REOUIRED.The CMAR shall not commence work under this Contract until it has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, y nor shall the CMAR allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured"on all policies except Worker's Compensation. K-2 WORKERS'COMPENSATION INSURANCE: 1) General a) CMAR's Worker's Compensation Insurance. CMAR agrees to provide to the City(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the Project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this Section. b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every Subcontractor who will perform work on the Project to provide to it a certificate from such Subcontractor stating that the LL Subcontractor has a policy of workers compensation insurance covering each employee employed on the Project. CMAR will not permit any Subcontractor to perform work on the Project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the City. c) By signing this Contract or providing or causing to be provided a certificate of coverage,the CMAR is representing to the City that all employees of the CMAR who will provide services on the Project will be covered by worker's compensation coverage for the duration of the Project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.Providing false or misleading information may subject the CMAR to administrative penalties,criminal penalties,civil penalties or other civil actions. d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to declare the Contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 29 of 46 a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self- insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory workers'compensation insurance coverage for the person or entity's employees providing services on a project,for the duration of the Project. b) Duration of the Project. Includes the time from the beginning of the Work on the Project until the CMAR's/person's work on the Project has been completed and accepted by the City. c) Persons providing services on the Project("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the CMAR has undertaken to perform on the project, regardless of whether that person contracted directly with the CMAR and regardless of whether that person has employees. This includes,without limitation,independent CMARs,Subcontractors,leasing companies, motor carriers,City-operators,employees of any such entity,or employees of any entity that furnishes persons to provide services on the Project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or other services related to a project. "Services" does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The CMAR shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the CMAR providing services of the Project,for the duration of the Project. b) The CMAR must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the Project,the CMAR must,prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The CMAR shall obtain from each person providing services on a project,and provide to the City: i) a certificate of coverage,prior to that person beginning work on the Project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project;and ii) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension of - coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the Project. e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The CMAR shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the CMAR knew or should have known,of any change that materially affects the provision of coverage of l any person providing services on the Project. g) The CMAR shall post on each project site a notice,in the text,form and manner prescribed by the Texas Worker's Compensation Commission,informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. h) The CMAR shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage,based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 30 of 46 ii) provide to the CMAR,prior to that person beginning work on the project,a certificate of coverage .. showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the CMAR,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the CMAR: (1) a certificate of coverage,prior to the other person beginning work on the Project;and (2) a new certificate of coverage showing extension of coverage,prior to the end of the coverage T period,if the coverage period shown on the current certificate of coverage ends during the duration of the Project; v) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the Project;and vii) contractually require each person with whom it contracts,to perform as required by this Section with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Workers Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any,additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons — providing,hauling,or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE. The CMAR shall procure and maintain during the term of this Contract,and shall require any Subcontractor performing work covered by this Contract to procure and maintain such Liability Insurance as shall protect it and the City of Fort Worth from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) WORKER'S COMPENSATION INSURANCE • Statutory limits • Employer's liability • $100,000 disease—per each employee • $500,000 disease—policy limit • $100,000 each occurrence GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 31 of 46 2) COMMERCIAL GENERAL LIABILITY INSURANCE The CMAR shall procure and shall maintain during the life of this Contract,commercial liability insurance coverage to cover bodily injury,death,and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include,but not be limited to,contingent liability for independent contractors,XCU coverage,and contractual liability. • Consequential damage due to faulty workmanship performed by the CMAR or its agents shall be covered 3) BUSINESS AUTOMOBILE LIABILITY • $1,000,000 each accident on a combined single limit or • $250,000 property damage and$500,000 bodily injury per occurrence The policy shall cover"any auto"used in the course of the project. "Any auto"is defined as autos owned,hired and non-owned. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invitation,the CMAR shall procure,pay for and maintain at all times during the term of this Contract,Builder's Risk Insurance against the perils of fire,lightning,windstorm,hurricane, hail,riot,explosion,civic commotion,smoke,aircraft,land vehicles,vandalism,and malicious.mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site.If specifically required in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE.The CMAR shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the CMAR's insurance as documented on the certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents an/or insurers for the CMAR's insurance coverages specified for the Project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by CMAR and its Subcontractor(s),if applicable,shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 32 of 46 which the insurance is placed must have a rating of at least A:VII,as stated in current edition of A.M.Best's Key Rating Guide. At the City's sole discretion,a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding$10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation,non-renewal or material change in coverage regarding any policy providing insurance Y coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. Aggregate limits shall apply to each project. 7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to _. this Contract.Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) CMAR shall agree to either require its Subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the CMAR shallprovide such coverage on the CMAR's Subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The City,without invalidating the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the GMP and the Contract Time being adjusted accordingly.All such changes in the Work shall be authorized by Change Order,and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the CMAR signed by the CMAR,City and the Architect,issued after the execution of the Contract,authorizing a change in the Work or adjustment in the GMP or the Contract Time.The v GMP and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the CMAR or the City,shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work.The cost or credit to the City resulting from a Change Order shall be the actual cost to be incurred or deducted as thecae might be multiplied by the allowance for contractual overhead and profit. If after the Contract has been executed,the Architect,requests a price proposal from the CMAR for a proposed change inscape of the Work,CMAR shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and price proposal to the City for approval.The Architect will attempt to negotiate with CMAR to revise the proposal to a figure which it deems is fair and reasonable and forward it on to the City for approval.If the negotiations do not result in an equitable solution,the CMAR will perform the changes on a time and material basis,agreeing with the City on unit GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEEBRANCHLIBRARY 'J12��It1,+,t�(r Page 33 of 46I � ` �"' " TEKA costs for labor/equipment/materials prior to any work being done,signing tickets,and agreeing to all amounts on a daily basis. CMAR is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and work orders which results in an increase in cost of the Contract amount by over$25,000.Normal processing time for the City Staff to obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty days. City,and CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If the CMAR claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,(2)any order by the Architect or City to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a minor change in the Work,the CMAR shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase r in the Contract Sum or an extension in the Contract Time,it shall give the Architect&City_written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the CMAR before proceeding to execute the Work,except in an emergency endangering life or property in which case the CMAR shall proceed in accordance with Section J.No such claim shall be valid unless so made.Any change in the Contract Sum or Contract Time resulting from such claim,if approved by the City,shall be authorized by Change Order. L-3 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents.Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be confirmed as no cost changes by the City and the CMAR. L-4 FIELD ORDERS, The Architect may issue written field orders that order minor changes in the Work without change in Contract Sum or Contract Time.The CMAR shall cant'out such field orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the City,it must be uncovered for observation and replaced,at the CMAR's expense. If any other work has been covered which the City has not specifically requested to observe prior to being covered, the Architect or the City may request to see such work and it shall be uncovered by the CMAR.If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the City.If such work be found not in accordance with the Plans and Specifications,the CMAR shall pay such costs. M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the City as defective or assailing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated,installed or completed.The CMAR shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the Work is found to be defective or not in accordance with the Contract Documents,the CMAR shall correct it promptly after receipt of a written notice from the City to do so,unless the City has previously given the CMAR a written acceptance of such condition, describing same specifically and not generally.The City shall give such notice promptly after discovery of the - condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the work shall be corrected to comply with the Contract Documents without cost to the City. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 34 of 46 The CMAR shall bear the cost of making good all work of separate CMARs destroyed or damaged by such removal or correction. If the CMAR does not remove such defective or non-conforming work within a reasonable time fixed by written .., notice from the City,the City may remove it and may store the materials or equipment at the expense of the CMAR. If the CMAR does not pay the cost of such removal and storage within ten days thereafter,the City may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the CMAR including compensation for additional architectural services.If such proceeds of sale do not cover all costs that the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change Order shall be issued.If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall pay the difference to the City. If the CMAR fails to correct such defective or non-conforming work,the City may correct it in accordance with Section G. The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon it by special guarantees required by the Contract Documents or otherwise prescribed by _ law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the City prefers to accept defective or non-conforming work,it may do so instead of requiring its removal and correction,in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum,or,if the amount is determined after final payment,it shall be paid by the CMAR. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CMAR. If the Work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the CMAR,or if the Work should be stopped for a period of 30 days by the CMAR for the City's failure to make payment thereon as provided in Section I,then the CMAR may after the end of such period of 30 days and upon seven additional days' written notice to the City,terminate the Contract. N-2 TERMINATION BY THE CITY. If the CMAR is adjudged as bankrupt,or if it makes a general assignment for the benefit of its creditors,or if a receiver is appointed on account of its insolvency,or if the CMAR refuses,except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials,or if it fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply with al laws,statutes,City Charter,ordinances,regulations or orders of any public authority having jurisdiction,or otherwise is guilty of a substantial violation of a provision of the Contract Documents,then the City,on its own initiative that sufficient cause exists to justify such action,may,without prejudice to any rights or remedy and after giving the CMAR and its surety,if any,seven(7)days'written notice,terminate the employment of the CMAR and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon owned by the CMAR and may finish the Work by whatever method it may deem expedient.In such case the CMAR shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work,including compensation for the Architect's additional services.,exceed the unpaid balance of the Contract,the CMAR shall pay the difference to the City. The City of Fort Worth may terminate this Contract in whole,or from time to time,in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the CMAR a notice of termination specifying to what extent performance of the Work of the Contract is being terminated and the effective date of termination. After receipt of termination the CMAR shall: _ a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the Work not terminated. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT ! T�yy n SHAMBLEE BRANCH LIBRARY V L,� du' Lb V J J Page 35 of 46 ' G, c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination. After termination as above,the City will pay the CMAR a proportionate part of the Contract price based on the work completed;provided,however,that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof attributable to the work not completed and further reduced by the amount of payments,if,any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. SECTION O SIGNS The CMAR shall construct and install the project designation sign as required in the Contract Documents and in .� strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the CMAR's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The CMAR shall furnish,erect,and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and Subcontractors employed on the Project,subject to reasonable directions by the CMAR as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper,safe operating and sanitary condition for the duration of the Contract.Upon completion of the Contract,all such a temporary.work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED.The CMAR shall provide a temporary field office building for himself,its Subcontractors and use by the Architect and City's representative..Field offices shall be maintained for the full time during the operation of the Work of the Contract.During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F.Upon completion of the Work of the Contract,the CMAR shall remove the building from the premises. The CMAR shall provide and maintain storage sheds,other temporary buildings or trailers on the Project site as required for its use.Location of sheds and trailers shall be as approved by the City.Remove sheds when work is completed,or as directed. P-5 TELEPHONE. The CMAR shall provide and pay for telephone installation and service to the field offices described above.Service shall be maintained for the duration of operations under this Contract. P-6 TOILET FACILITIES. The CMAR shall provide proper,sanitary and adequate toilet facilities for the use of all workmen and Subcontractors employed on the Project. P-7 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during the construction.CMAR shall provide and install temporary utility meters during the Contract construction period.These meters will be read and the CMAR will be billed on this actual use.The CMAR shall provide all labor and materials required to tap into the utilities.The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the Work all utility lines shall be removed and repairs made to the existing lines.Only utilities at existing voltages,pressures,frequencies,etc. will be available to the CMAR. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 36 of 46 Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the Project or as shown on the drawings.Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to Subcontractors engaged on the Work.Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools,motors,welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50-foot long extension cords will reach all work .. requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day lighting is inadequate.Provide at least 0.75 watts of incandescent lighting per square foot and maintain a socket voltage of at least 110 volts.Use at least 100-watt lamps.In any event,the lighting intensity shall not be less than 5-foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The CMAR shall provide heat,ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew that is potentially damaging to materials and finishes.All such heating,ventilation and services shall be provided and maintained until final acceptance of all work.In addition,the CMAR shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing,setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F b) Any damage to drywall or any interior finishes that result from inadequate heating/cooling or inappropriate humidity shall be corrected by the CMAR at the CMAR's sole expense. c) Seven days prior to installing any wood finished the buildings shall be properly climatized. P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION The CMAR shall provide,maintain,and remove upon completion of the Work all temporary rigging,scaffolding, hoisting equipment,rubbish chutes,ladders to roof,barricades around openings,and all other temporary work as required to complete all work of the Contract.CMAR shall coordinate the use and furnishing of scaffolds with its Subcontractors. The CMAR shall provide,maintain,and remove upon completion of the Work,or sooner,if authorized by the City,all fences,barricades,lights,shoring,pedestrian walkways,temporary fire escapes,and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The CMAR shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground seepage,rainfall,drainage of broken lines. The CMAR shall maintain provision for closing and locking the building at such time as possible to do so.If this is not feasible,maintain a night. The CMAR shall provide and maintain all barricades or enclosures,required to protect the Work in progress from outside elements,dusts,and other disturbances as a result of work under this Contract. Such protection shall be GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 37 of 46 positive,shall meet the approval of the City and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The CMAR shall furnish,install and maintain during the life of the Project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the City,in a prominent place accessible to employees of the CMAR and Subcontractors,and to applicants for employment.The bulletin board shall remain the property of the CMAR and shall be removed by CMAR upon completion of the Work.The following information which will be furnished by the City to the CMAR,shall be posted on the bulletin board and shall be maintained by the CMAR in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. d. OSHA Injury Log _ e. Copy of Bond SECTION Q VENUE If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Contract,venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 38 of 46 WEATHER TABLE _= Month Average Inches of Snow/I Days of Rainfall ce Rain Pellets January 7 1.80 1 February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 December 6 1.82 ANNUALLY 77 32.30 1 (1) Mean number of day's rainfall, 0.01"or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more * Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the CMAR was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month,the Contract period will be adjusted by Change Order. Days following rainfall may be included as conditions may not allow work to take place. These conditions may be used in the above calculations. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 39 of 46 PROJECT DESIGNATION SIGN 1-1/2" FORT WORTH. 4 3- 3- Project Title 4" 1=112" Contractor: vz . Contractors Name w 1-3/4" 1' FUNDED BY 2-1/2" (List Bond Fund, etc) SCHEDULED COMPLETION DATE 1-1/2" YEAR 1-112" 4'-0" SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE, CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA. CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE"MOLLY"LOGO IS PMS 167. GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 40 of 46 FoF,TWOP*,TH TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items _ I claim this exemption for the following reason: Name of exemption organization: City of Fort Worth Texas Sales and Use Tax Permit#I-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by the price paid for the taxable Items purchased or the fair market rental value for the period of time use. I understand that it is a misdemeanor to give an exemption certificate to the seller taxable Items which I know,at the time of purchase,will be used in a manner other than that expensed In this certificate and upon conviction,may be fined up to 5500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section L Purchasers: City of Fort Worth Street Address: 1000 Throckmorton City,State,Zip Code: Fort Worth Texas 76102 Signature/Title! L� purchasing mans,gr Sample, original to be provided Date: ------"UT�`,tO o ax:: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. FINANCE DEPARTMENT PURCHASING DIVISION THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102 (817) 871-8360 * FAx (817)871-8440 Primed on recyNed GENERAL CONDITIONS FOR CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY Page 41 of 46 DAVIS-BACON WAGE RATES GENERAL DECISION: TX20030061 07/14/2006 TX61 Date: July 14, 2006 General Decision Number: TX20030061 07/14/2006 Superseded General Decision Number: TX020061 State: Texas Construction Type: Building Counties: Johnson, Parker and Tarrant Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories). Use current heavy and highway General Wage Determination for Paving Incidental to Building Construction in Tarrant County and for Paving and Utilities incidental to Building Construction in remaining Counties.) Modification Number Publication Date 0 06/13/2003 - 1 02/13/2004 2 05/21/2004 3 05/28/2004 4 12/24/2004 5 03/04/2005 6 06/10/2005 7 09/23/2005 8 02/24/2006 9 07/14/2006 * BRTX0001-007 06/01/2006 Rates Fringes Bricklayer..................$ 19.00 6.48 ---------------------------------------------------------------- CARP1421-001 05/01/1995 CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY,DECEMBER 2006 Rates Fringes Millwright..................$ 16.49 3.92 ---------------------------------------------------------------- * ELECO020-004 06/01/2006 Rates Fringes Electricians: Cable Splicer..........$24.58 5.32+1.25% Electrician...............$22.35 5.32+1.25% ---------------------------------------------------------------- I RON0263-001 07/01/2002 Rates Fringes Ironworker(Structural)....$ 17.44 4.35 ---------------------------------------------------------------- S FTX0669-001 01/01/2005 Rates Fringes Sprinkler Fitter, Fire......$22.62 10.50 ---------------------------------------------------------------- SUTX1989-001 11/01/1989 Rates Fringes Acoustical Installer......$ 11.23 y Carpenter (Excluding drywall hangers, acoustical installers & batt insulators).................$ 12.27 2.22 doing drywall hanging only..$ 10.00 CONSTRUCTION MANAGER AT RISK CONTRACT [WI O f)D GUINN ELEMENTARY SCHOOL RENOVATION �% C'J Page 43 of 46 I I0�7 ' 1rL�e Cement Mason.............$ 10.16 .76 Drywall Finisher............$ 11.18 2.21 Glazier.........................$ 11.37 1.31 Laborer(Including Mason Tenders& Pipelayers).......$ 7.46 1.00 Landscape Laborer............$ 5.15 Mechanical Insulator...........$ 10.92 1.00 Painter, Brush and Spray (excluding Drywall Finishing)..$ 10.47 2.21 Plasterer......................$ 11.50 Plumbers and Pipefitters (Including HVAC work)........$ 13.34 2.15 Power equipment operators: Backhoes....................$ 12.30 1.82 Cranes.......................$ 14.26 2.44 — Foundation Drill Operators...$ 8.54 Graders......................$ 11.69 1.80 Roofer(including Built Up, Composition and Single Ply)....$ 9.50 .99 Sheet metal worker(Including HVAC Duct Work)................$ 12.63 2.10 WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- CONSTRUCTION MANAGER AT RISK CONTRACT GUINN ELEMENTARY SCHOOL RENOVATION Page 44 of 46 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the"SU"designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 CONSTRUCTION MANAGER AT RISK CONTRACT GUINN ELEMENTARY SCHOOL RENOVATION Page 45 of 46 2.) If the answer to the question in 1.) is yes, then an interested Party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested Party's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested Party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- END OF GENERAL DECISION CONSTRUCTION MANAGER AT RISK CONTRACT �^ GUINN ELEMENTARY SCHOOL RENOVATION (,' �cl�c Page 46 of 46 N. "V P CITY OF FORT WORTH, TEXAS CONSTRUCTION MANAGEMENT AT RISK CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT p This CONTRACT is made and entered into the Mdlygf200B , 2006, by and between the CITY OF FORT WORTH, a municipal corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City", and the Construction Manager at Risk, Thomas. S. Byrne, Ltd., hereinafter called "CMAR." The City and CMAR are sometimes referred to herein individually as a "Party" and collectively as the"Parties". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, and under the conditions expressed in the bonds bearing even date herewith, CMAR hereby agrees to provide all labor, supervision, materials and equipment necessary to be used or incorporated in order to provide construction management services and to produce the construction of certain improvements per the basic scope of work set forth in the Architect/Engineer construction documents, the Request for Proposals, CMAR's proposal, and the other Contract Documents (the"Work")for the SHAMBLEE BRANCH LIBRARY PROJECT("Project"). That the work herein contemplated shall consist of: Managing the Project during the construction phase and furnishing as an independent CMAR, all labor, tools, appliances, and materials necessary for the construction and completion of said Project. The Final Guaranteed Maximum Price (FGMP) of the Project, including all the foregoing, plus the agreed upon burdens, shall not exceed $3,287,480 (the "Construction Budget"). The CMAR agrees to commence the construction of said Work within ten (10)calendar days after being notified in writing to do so by City. Compensation The City agrees to pay, and the CMAR agrees to receive, for all of the aforesaid Work, compensation equal to actual expenses incurred plus the CMAR Fee up to the FGMP as detailed in the Thos S. Byrne letter dated December 07, 2006 which is attached hereto and incorporated herein as Attachment 1. Payment will be made in monthly installments upon actual work completed by the CMAR and receipt of invoice from the CMAR pursuant to the payment provisions of the General Conditions. Upon the City's request, the CMAR will provide documentation demonstrating actual expenses incurred Schedule The CMAR agrees to complete the Work, suitable for occupancy and beneficial use, within 270 calendar days from the Notice-to-Proceed. MWBE The CMAR commits to 32% M/WBE participation for this Project. General Conditions Attachment 2 will be the General Conditions and Insurance Requirements for this Project CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY,DECEMBER 2006 Insurance Certificate Requirements The CMAR will provide a Certificate of Insurance listing the City of Fort Worth as certificate holder, showing the amounts and types of coverage as required in the General Conditions. The CMAR agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the Project in compliance with Texas law. No Notice-to-Proceed will be issued until the CMAR has complied with this Section. The CMAR agrees to require each and every Subcontractor who will perform work on the Project to provide to it a certificate from such Subcontractor stating that the Subcontractor has a policy of workers compensation insurance covering each employee employed on the Project. CMAR will not permit any Subcontractor to perform work on the Project until such certificate has been acquired. The CMAR shall provide a copy of all such certificates to the City. Prior to the execution of this Contract, the CMAR shall provide both the Payment and Performance Bonds for the full amount of the Contract. The CMAR shall apply for all City of Fort Worth permits and for any other permits required by this Project. The City of Fort Worth permit fees are waived. Separate permits will be required for each facility. If the CMAR should fail to complete the Work as set forth in the Plans and Specifications and other Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due CMAR, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages. The CMAR and its Surety shall be liable to the City for such a deficiency. (Remainder of Page Intentionally Left Blank) CONSTRUCTION MANAGER AT RISK CONTRACT SHAMBLEE BRANCH LIBRARY PROJECT Page 2 of 46 IN WITNESS WHEREOF, the Parties have caused this instrument to be signed in six counterparts Executed in Fort Worth, Texas, this the gtay of FRb 200�.q Thos S. B r APPROVED: CITY OF FORT WORTH John Avi ,pp A� Title: "Otftt // Assistant City Manager APPROVAL RECOMMENDED: ATTEST: �yS � Robert Goode, P.E., Director Marty Hendri Transportation and Public Works City Secretary APPROVED A TO FORM AND LEGALITY: Contract Authorization: M&C Ca I Amy J. Ramse N Assistant Cit ttor ey Date: CONSTRUCTION MANAGER AT RISK CONTRACT Q SHAMBLEE BRANCH LIBRARY PROJECT Page 3of46 CITY \EU`-IP l Nl n r�IW u ff Bond #46BCSEB3591 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Thos. S. Byrne Ltd. , as Principal herein, and (2)_ Hartford Fire Insurance Company , a corporation organized under the laws of the State of (3) Connecticut , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Three Million, Two Hundred Eighty Seven, Four Hundred Eighty Dollars and No Cents Dollars ( $3,287,480.00 ) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 19th day of December , 2006, a copy of which is attached hereto and made a part hereof for all purposes, for the construction of SHAMBLEE BRANCH LIBRARY IN THE EVANS AND ROSEDALE BUSINESS AND CULTURAL DISTRICT. Project No. R106-02016006600. NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemnify and hold harmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. IN"WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 19th day of December , 2006. l Thos. S. Byrne, Ltd. PRINCIPAL ATTEST: By: } Name: Elias Na_i i ar (Principal) Secretary Sr. Vice President T.S. Byrne Title: Management, Inc. - General Partner (S E A L) Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Principal Hartford Fire Insurance Company SURETY ATTEST: By: 7L Name: Tracy Tucker Secretary Attorney in Fact (S E A L) Address: 2005 White Settlement Road Ft Worth, TX 76107 Witness as to Surety Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Bond #46BCSEB3591 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, (1) Thos. S. Byrne Ltd. , as Principal herein, and (2) Hartford Fire Insurance Company , a corporation organized and existing under the laws of the State of (3) Connecticut as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Three Million, Two Hundred Eighty Seven, Four Hundred Eighty Dollars and No Cents Dollars ( $3,287,480.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 19th day of December , 2006, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: SHAMBLEE BRANCH LIBRARY IN THE EVANS AND ROSEDALE BUSINESS AND CULTURAL DISTRICT. Project No. R106-02016006600. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 19th day of December , 2006. Thos. S. Byrne, Ltd. PRINCIPAL ATTEST:. By: Name: Elias Najjar - (Princi l) Secretary Sr. Vice President T.S. Byrne Title: Management, Inc. - General Partner (S E A L) Address: 900 Summit Ave. Ft Worth, TX 76102 Witness as to Principal Hartford Fire Insurance Company SURETY ATTEST: Name: Trac�Tucker_ Secretary Attorney in Fact (S E A L) Address: 2005 White Settlement Road Ft Worth, TX 76107 Witness as to Surety Telephone Number: 817/336-8520 NOTE: (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. POWER OF ATTORNEY THE HARTFORD HARTFORD PLAZA HARTFORD,CONNECTICUT 06115 0 Hartford Fire Insurance Company Twin City Fire Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois 0 0 Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast �] KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company,corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; _ having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited. Tracy Tucker, Tobin Tucker, W. Lawrence Brown Of Fort Worth, TX their true and lawful Attomey(syin-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. R In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Trlryi �' T1tL/ �`',tr^..'+r �l¢°•"s•_ s°f"hr Uf ollY UO7 U oj �l Paul A.Bergenholtz,Assistant Secretary John P.Hyland,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD I On this 19th day of September,2000, before me personally came John P. Hyland,to me known,who being by me duly swom, did depose and say:that he resides in the County of Hartford, State of Connecticut;that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. _ Jean H.Wozniak CERTIFICATE Notary Public My Commission Expires June 30,2004 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and _ correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of Signed and sealed at the City of Hartford. a 2P GV?-j • Wo7 sq,.t'.491> btl.�� rA .1� • +Uftl,s ,w.. Colleen Mastroianni,Assistant Vice President TUCKER AGENCY, LTD. Bonds and Insurance 2005 White Settlement Road Fort Worth, Texas 76107 (817) 336-8520 � v F 2 TERE - •• ITL��FORD �i Claims Inquiries Notice R Hartford Fire Insurance Company Twin City Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest ` Hartford Underwriters Insurance Company Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: 888-266-3488 Fax—Claims 860-757-5835 or 860-547-8265 E-mail bond.claims@thehartford.com Mailing Address The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that it provides workers' compensation insurance coverage for all of its employees employed on City of Fort Worth Project Shamblee Branch Library in the Evans and Rosedale Business and Cultural District and City of Fort Worth Project No. R106-02016006600. CONTRACTOR: Thos. S. Byrne, Ltd. By: Name: Elias Najjar Title: Exec. Vice President Date: February 5, 2007 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority, on this day personally appeared Elias Najjar known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of Exec. Vice President of Thos. S. Byrne, Ltd. for the purposes and consideration therein expressed and in the capacity therein stated. Given Under My Hand and Seal of Office this 5th day of February , 2007. LAURA==O Hoary WCOMOLNotary Public in and for th Sta of Texas (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor statjng that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 1/30/2007 PRODUCER (817)336-8520 FAX (817)336-6501 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tucker A enc Ltd. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE J y� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 2285 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth TX 76113 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:American Guarantee & Thos S Byrne Ltd INSURER B:American Zurich Ins Cc 1900 Summit Ave INSURER c:Westchester Fire rill INSURER D:American Zurich Ins Cc Ft Worth TX 76102 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR SR ADD'L POLICY EFFECTIVE POLICY EXPIRATION INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 AMAGE ToX COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence)RENTE300,000 A X CLAIMS MADE �OCCUR CPO 3994415 03 10/1/2006 10/1/2007 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 PRO POLICY X J C LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 B X ALL OWNED AUTOS TAP 3994416 03 10/1/2006 10/1/2007 BODILY INJURY n SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) n DAMAGE $ (Peri accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ T AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 25,000,000 X OCCUR EICLAIMS MADE AGGREGATE $ 25,000,000 r"l $ C XDEDUCTIBLE G220094480002 10/1/2006 10/1/2007 $ X RETENTION $10,000 $ B WORKERS COMPENSATION AND X ORY IMITS 5TH I EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBEREXCLUDED? WC 3994414 03 10/1/2006 10/1/2007 E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER D Builders Risk Policy IN5321913 10/1/2006 10/1/2007 Limit $10,766,200 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Shamblee Branch Library Project - City of Fort Worth, TS is Additional Insured on all policies, except Workers Compensation, if required by written contract. Waiver of Subrogation in favor of City of Fort Worth, Texas on all policies, if required by written contract. Builders Risk limit will not exceed the limit of the project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fort Worth, Texas EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Transportation and Public Works Dept. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 311 W 10th Street FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Fort Worth, TX 76102 INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Tracy Tucker/JUDY' ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(0108).06 AMS VMP Mortgage Solutions,Inc.(800)327-0545 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this J certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. A n ACORD 25(2001/08) INS025(0108).06 AMS Page 2 of 2