HomeMy WebLinkAboutContract 53608 THIS C I FOR:
CONTRACTOR
CITY SECRETARY —!�CITY SECRETARY
CONTRACT NO. c J.310 0 V PROJECT MANAGER
PMD FILE COPY
THE CITY OF FORT WORTH, TEXAS
i
Construction Contract
Construction Manager-at-Risk
Code Compliance Department
Second Animal Care and Control Facility
i
PMD 2017-02
City Project # 100609
Fo RT WO RT H Qj;
BETSY PRICE DAVID COOKE
MAYOR CITY MANAGER
Valerie Washington
Assistant City Manager
Brandon Bennett
Director, Code Compliance
Steve Cooke
Director, Property Management Department
i
RECEIVED Muckleroy & Falls
MAR-3 2020
C`C�EC January 2020
Second Animal Care&Control Facility Page 1 of 56
CMAR January 2020
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, January 14, 2020 REFERENCE NO.: M&C 20-0025
LOG NAME: 21SECOND ANIMAL CARE &CONTROL CONSTRUCTION
SUBJECT:
Authorize Execution of a Construction Manager at Risk Construction Contract with Muckleroy and Falls
Construction Company, in the Not-To-Exceed Amount of$11,716,859.00, for the Construction of the
Second Animal Care& Control Facility (2018 BOND PROGRAM) (COUNCIL DISTRICT 7)
., RECOMMENDATION:
It is recommended that the City Council authorize a Construction Manager at Risk construction contract
with Muckleroy and Falls Construction Company, in the not-to-exceed amount of$11,716,859.00, for the
construction of the Second Animal Care &Control Facility.
DISCUSSION:
The purpose of this M&C is to authorize execution of a Construction Manager at Risk (CMAR) construction
contract with Muckleroy and Falls Construction Company ("Muckelroy and Falls"), in the not-to-exceed
amount of$11,716,859.00, for the construction of the Second Animal Care& Control Facility.
The new facility is located on the North Service Center property at 301 Hillshire Drive and will house
approximately 300 animals and along with the Chuck Silcox Animal Care and Control Facility serve
the entire City. The design of this new facility was accomplished as part of the 2014 Bond Program by the
architectural firm of Pierce Goodwin Alexander Linville, Inc. (M&C C-28439, October 17, 2018). The
construction was as part of the 2018 Bond Program.
The City issued a Request for Proposals from Construction Managers-at-Risk(CMAR) contractors in the
Fort Worth Star Telegram on August 2 and August 9, 2018. On August 30, 2018 the City received 11
responses for the expansion project from CMAR contractors. These firms were:
• Construction Zone of Texas, LLC
• FPI Builders, LLC
• Imperial Construction, Inc.
• Key Construction
., • Ridgemont Commercial Construction
• Muckleroy& Falls
• Sedalco, Inc.
• Speed Fab-Crete Corp.
• Steele &Freeman, Inc.
• Thomas S. Byrne d/b/a Byrne Construction Services
• Tom Wright Construction, Inc. d/b/a Built Wright Construction
These proposals were reviewed by members of the Code Compliance Department, Office of Business
Diversity and the Property Management Department. References were checked, the M/WBE Office
evaluated their sub-consulting plan and the proposal was reviewed for completeness. Based on this
evaluation, the selection team created a short list of Muckleroy& Falls, Steele & Freeman, Speed Fab
Crete Corp. These CMAR contractors were invited to interviews on October 4, 2018. The selection team
conducted interviews and developed the following scores:
CMAR Interviews
Muckleroy & Steele & 11 Speed Fab
Falls Freeman LCrete
Proposed Fees 1 50 11 49 IL 50
MBE Gaol & Utilization 8.0 8.0 10.0
Plan
Interview, References and 27 26 16
.. Experience
Past Work in and for the 7 5 5
ty of Fort Worth
TOTAL 92 88 81
Based on these interview scores, it was determined that Muckleroy& Falls was the best qualified for the
CMAR construction contract for the new Second Animal Care and Control Facility. Staff administratively
., awarded an Pre-Construction Services Contract to Muckleroy& Falls, in the amount of$9,500.00, to
provide assistance with the design and cost estimating in the design phase.
The design phase is now complete and staff recommends the execution of the CMAR construction
contract with Muckleroy and Falls, in the not-to-exceed amount of$11,716,859.00, for the construction of
the Second Animal Care & Control Facility.
The overall project costs, combining both the 2014 and 2018 Bond Propositions, is described in the table
below:
A
TOTAL PROJECT BUDGET (2014 and 2018 Bond Programs) TOTALS
Architectural & Engineering Contract (Completed in Prior Project) $1,259,335.00
CMAR Construction Contract, including 7.5 Owner's Construction $11,716,859.00
Allowance
Project Administration Cost: Project Management, Bid
Advertisement, IT, Security, Materials Testing, Contingency, FFE, $2,827,706.00
_ etc.
PROJECT TOTAL $15,803,900.00
_ Facility Management Cost Impact: The impact to maintenance cost associated with this project for the
Property Management Department, beginning in Fiscal Year 2021, is expected to be$6,200.00 annually.
Waiver of Building Permit Fees- In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort
•. Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on
property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is
for action under a contract that will be or has been approved by City Council with notes in the contract
packages stating the fee is waived."
This project is included in the 2018 Bond Program. Available resources within the General Fund will be
used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond
proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to
Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No.
23209-05-2018) and subsequent actions taken by the Mayor and Council.
M/WBE Office-Muckleroy & Falls is in compliance with the City's BDE Ordinance by committing to 27\%
MBE participation on this CMAR project. The City's MBE goal on this CMAR project is 25\%.
_ The new Second Animal Care and Control Facility is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION: 11
The Director of Finance certifies that upon approval of the above recommendation and award of the
contract, funds are available in the current capital budget, as appropriated, in the 2018 Bond Program
North Animal Care Facility project. Prior to any expenditure being incurred, the Code Compliance
Department has the responsibility to validate the availability of funds.
•. FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivit Budget Reference# 14moul
.. ID ID Year Chartfield 2
FROM
rFund Department ccoun Project JProgram ctivit Budget Reference # moun
ID 1A ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Kevin Gunn (2015)
Originating Department Head: Steve Cooke (5134)
�• Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
1. 191122 MBE Compliance Memo-Muckleroy and Falls.pdf (CFW Internal)
.. 2. 21SECOND ANIMAL CARE & CONTROL CONSTRUCTION FID TABLE.xlsx (CFW Internal)
3. 2nd Animal Care &Control Facility.pdf (Public)
4. COFW Second Animal Care and Control Facility 1295.pdf (CFW Internal)
5. PROJECT BUDGET SUMMARY 12-12-19.pdf (CFW Internal)
"" 6. SAM HM & MF Ltd Muckleroy and Falls.pdf (CFW Internal)
2ND ANIMAL CARE
& CONTROL FACILITY
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CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 1
SECOND ANIMAL CARE AND CONTROL FACILITY
Request for Proposals Submittal Date: August 30, 2018 (NO CHANGE)
1. The Attendees sign-in sheet for the pre-proposal conference is attached.
.. 2. The revised proposal form, with the correct project name, is attached.
3. Refer to Paragraph 8 of the Instructions to Offerors for submittal requirements.
Provide 7 copies of the items as well as 7 copies of the Proposal Form and any additional
y firm information provided.
4. There is no MBE Sub-goal for Pre-Construction Services.
There is a 25% MBE sub-goal on the Construction Phase Services. Therefore, interested
proposers must address meeting or exceeding the 25% MBE sub-goal on the Construction
Phase Services via Written Statement in their proposal.
If you have questions as it relates to MBE sub-goal, please contact Patty Wilson at
fatty.wilson(a)fortworthtexas.gov.
Acknowledge the receipt of this Addendum No. 1 on your Proposal.
STEPHEN COOKE
DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
By:
Ronnie Clements
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: August 17, 2018
Second Animal Care and Control Facility Page 1 of 1
Addendum No.1 (August 17,2018)
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SECOND ANIMAL CARE AND CONTROL FACILITY
PROPOSAL FORM (rev 8.17.2018)
T0: MR. DAVID COOKE
CITY MANAGER
_ ATTN: PURCHASING OFFICE
200 TEXAS STREET
CITY OF FORT WORTH, TEXAS
— FOR: Construction Manager-at-Risk Agreement for the Second Animal Care and Control Facility
Second Animal Care& Control Facility
TBD(301)Hillshire
Fort Worth,Texas
Project PMD 2017-02
Pursuant to the foregoing 'INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK (CMAR)
OFFERORS", the undersigned understands the amount of work to be done for the Preconstruction
Services and Construction Services, and hereby proposes to do all the work and furnish all labor,
_ equipment and materials necessary to fully complete all the work as provided in the plans and
specifications and subsequent agreed upon Guaranteed Maximum Prices (GMPs) and subject to the
inspection and approval of the Director of Property Management Department of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council and upon subsequent agreement to the GMPs the
Offeror, if the agreement amount exceeds $25,000.00, shall furnish acceptable Performance and
Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the
time agreed to for the following sum, to wit:
DESCRIPTIONS AND COSTS OF ITEMS IN CMAR.AGREEMENT
PRE-CONSTRUCTION SERVICES: including Constructability Reviews,Value Engineering
Recommendations and Estimating Services Fees for.
"Second Animal Care& Control Center"—Including all associated Site Utilities&Civil Site
Work:$
CONSTRUCTION SERVICES: Based on an estimated total budget of.$10,000,000.00, your standard
practice regarding project cost structure and your understanding of this project, complete the line items
_ below. These items are included in the total not-to-exceed estimated construction budget for:
"Defined Fees"--Estimated Budget of$10,000,000.00 for all associated work.
A) $ % (%of Total Budget)Subcontractors Material Labor and
Equipment(Lump Sum)
B) $ % (%of Total Budget)General Condition Expenses(Attach
description of items included)
C) $ % (%of Items A+B) Construction Management Fee(Attach
description of items included)
D) $ % 7.5 (7.5%of Items A+B+C) 7.5% Owners Construction Contingency
Allowance(Remaining Contingency allowance will be retained by the City)
Second Animal Care&Control Facility Page 10 of 66
CMAR August 2018
E) $ % (%of Items A+B+C+D) Anticipated Cost,of Insurance and Bonds
F) $ % M of Items A+B+C+D) Any other anticipated Costs(Attach
description of items included)
A Project Schedule will be mutually agreed at the time the Guaranteed Maximum Price is developed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
above work.
The undersigned ,assures that its employees and applicants for employment and those of any labor _
organization, subcontractors or employment agency in either furnishing or referring employee applicants to
the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400(Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed House Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
Ipw bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is located. The appropriate
blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications.
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A U Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state law.
1_1 Non-resident vendors in (give state), are not:required to underbid —
resident bidders.
B. U Our principal place of business or corporate offices are in the State of Texas.
Approved Performance and Payment Bonds for the faithful performance of this contract will be required
upon agreement of the Guaranteed Maximum Prices (GMPs)for PhasE_s I and II. An acceptable bidder's
bond or cashier's check is NOT REQUIRED with this Request for Propo:;al.
Second Animal Care&Control Facility Page 17 of 56
CMAR August 2018
MINORITY BUSINESS ENTERPRISE(MBE):
(For Proposals in excess of$50,000)
I am aware that I must submit information concerning the Minority Business Enterprise (MBE) Utilization
Plan with the submittal of this Proposal in order to be considered RESPONSIVE. I will commit to the City's
MBE goals for this project.
Respectfully submitted,
Company Name
By:
Signature
Printed Name of Principal Title
Address:
Street
` City Zip
Phone:
Fax:
Email:
-- Receipt is acknowledged of the following addenda:
Addendum No. 1: Addendum No. 2:
Addendum No_3: Addendum No.4:
Addendum No.5: Addendum No.6:
Second Animal Care&Control Facility Page 12 of 56
CMAR' August M B
TABLE OF CONTENTS
• TABLE OF CONTENTS
• NOTICE TO CONSTRUCTION MANAGER-AT-RISK(CMAR) OFFERORS
• PROJECT LOCATION MAP (FOR REFERENCE ONLY)
• INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK CMAR) OFFERORS
• PROPOSALFORM
• CONFLICT OF INTEREST AFFIDAVIT
• CONFLICT OF INTEREST QUESTIONAIRE (CIQ)
• CONFLICT DISCLOSURE STATEMENT (CIS) _
• TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
• 2013 PREVAILING WAGE RATES
• FORT WORTH WEATHER TABLE
• CMAR CONSTRUCTION CONTRACT
• GENERAL CONDITIONS FOR CMAR CONSTRUCTION
• PAYMENT BOND
• PERFORMANCE BOND
• CERTIFICATE OF INSURANCE
• CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW _
• PROJECT SIGN
Second Animal Care&Control Facility Page 4 of 56
CMAR January 2020
NOTICE TO
CONSTRUCTION MANAGER-AT-RISK(CMAR)
OFFERORS
Proposals from Construction Manager-at-Risk (CMAR) Offerors for the PARD Service Center Project
located at 5199 James Avenue, Fort Worth, Texas will be received at the Purchasing Office, City of Fort
Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, August 30, 2018, and will be
opened and the names of the CMAR firms will be publicly read aloud approximately thirty minutes later in
the Council Chambers,
A Pre-Proposal Conference will be held at 10:00 A.M.,Wednesday, August 15, 2018 at the Architectural
-' Services Conference Room, 401 West 13th Street, Fort Worth, 76102.
The last day for questions from prospective Offerors is at 5:00 PM on Friday,August 24, 2018.
The City will select the CMAR Contractor by using a two-step Request for Proposal (RFP) process. After
evaluating the submitted Proposals from the CMAR Offerors, the City will shortlist and interview up to
three Offerors. The City will then select and enter into negotiations with the Best Value Offeror. The City
may discuss with the selected Offeror, options for a scope or time modification and any price change
associated with such modification.
The selected CMAR Contractor will provide Pre-Construction Services including Constructability
Reviews, Value Engineering Recommendations and Estimating Services Fees to review during the
various phases of the design process. Once the construction documents are completed, the selected
CMAR Contractor will provide a Guaranteed Maximum Price (GMP) and construction performance
period for each of the three major portions of the work and all work combined. This GMP will be inclusive
of Value Engineering and Estimating Services fees, General Conditions, Construction Manager's Fee,
contingency, bonds, insurance, and other agreed upon costs; plus the City's General Contingency
Allowance. The total construction cost is anticipated to be approximately $10,000,000.00, refer to the
attached "Project Proposal Form".
E The City of Fort Worth will negotiate a Pre-Construction Services Contract and later negotiate a
Construction Services Contract with the selected CMAR firm determined to have made the Best Value
offer. Refer to the"Project Proposal Form".
Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information.
MBE participation will be evaluated in awarding this contract. The MBE participation goal is 25% for the
estimated construction budget. There is no goal for the Pre-Construction Services. The goal will
be applied to the GMP when the GMP agreements are reached. Offerors must submit an anticipated
MBE Utilization Plan with their CMAR Proposal submittal. The submitted Plan will be part of the
weighted selection criteria. Refer to Instructions to Construction Manager-at-Risk (CMAR) Offerors for
additional information. Contact the MW/BE Office at (817) 212-2674 to obtain a list of certified
subcontractors and suppliers.
Also, Refer to Section 3. BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION in the
Instructions to Construction Manager-at-Risk (CMAR) Offerors.
Upon completing the negotiations with the selected CMAR firm, the City will recommend to the City
Council to award the CMAR contract to the selected CMAR firm based on the negotiations and the agreed
upon estimated construction budgets for each of the three major tasks. The CMAR contract will be
adjusted based on the agreed upon Guaranteed Maximum Price (GMP) after the design is completed.
Second Animal Care&Control Facility Page 2 of 56
CMAR January 2020
The selected CMAR Contractor will be required to provide PayiT ant and Performance Bonds and
provide Contractors General Liability and Statutory Workers Compensation Coverage once the
GMP is agreed upon.
CMAR Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General
Conditions, Site Plans and other Reference Drawings, and any other related documents through the City's
Buzzsaw website by cutting and pasting the following link in a web browser: —
https://projectpoint.buzzsaw.com/fortworthgov/PMD%20Projects/Second%2OAnimal%2OCare?public
For questions contact the PGAL Project Architect, Julio Noriega, at (214) 647.6432 or email
JNoriega ca.pgal.com or the City Project Manager, Ronnie Clements, at (817) 392-8014 or email
Ronald.Clem en tsCaD-fortworthtexas.gov for assistance.
Advertisement: August 2, 2018
August 9, 2018
Second Animal Care&Control Facility Page 3 of 56
CMAR January 2020
INSTRUCTIONS TO
CONSTRUCTION MANAGER-AT-RISK
(CMAR) OFFERORS
1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of
the response to this Request for Proposals (RFP):
• Use the Proposal Form provided in this RFP document.
Entries on the Proposal Form may be handwritten or typed.
• Acknowledge all addenda on the Proposal Form.
.. . Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice-
president must sign the Proposal. If the Offeror is a partnership, then the person/entity
who is the managing/general partner must sign the proposal.
• Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form
CIQ and Form CIS if required.)
Cashier's check or an acceptable bidder's bond IS NOT REQUIRED for this Request for
Proposals.
2. SELECTION OF CMAR CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the below criteria and
ranking evaluation.
In determining the Best Value Offeror, the City will consider:
A. Proposed Fees and Expenses (50%) (Refer to Proposal form).
B. Proposed MBE Goal and Utilization Plan (10%).
C. References and Experience in Executing CMAR Projects and Similar Type Projects (30%) -
References and experience of the Offeror, Project Manager, and Superintendent as demonstrated
by listing recently completed and current, "vertical" facilities, CMAR projects, including references
with names, positions, company names, and current telephone numbers; and list of
subcontractors. Projects that demonstrate creative applications of "value engineering" with the
design team during the design development/construction drawing phases are preferable.
D. Past relationship with the City(10%)—Offeror's past relationship with the City of Fort Worth for
"vertical" facilities projects shall receive up to 10 points for this rating criteria. If the Offeror does
not have a past relationship with the City of Fort Worth, the Offeror will receive 5 points for this
rating criteria.
After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected
Offeror. The City and its architect may discuss with the selected Offeror options for a scope modification
and any price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing,
end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until
a contract is reached or all proposals are rejected.
Second Animal Care&Control Facility Page 5 of 56
CMAR January 2020
3. BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION
A. The City of Fort Worth implemented the Business Diversity Enterprise Ordinance to reflect the
City's availability and disparity study findings. All proposers shall note that it is the policy of the
City to ensure the full and equitable participation of Minority Business Enterprises (MBEs) in the
procurement of goods and services. If the total dollar value of the contract is greater than
$50,000, then an MBE subcontracting goal may be applicable. _
There is no MBE diverse goal for Pre-Construction Phase Services on this solicitation.
The MBE diverse goal is 25%for Construction Phase Services (subcontractors, suppliers, etc.)
B. If the Proposer self-performs Construction Phase Services as the general contractor, the MBE
goal must be met. No exceptions.
C. Proposers must obtain MBE listings from the City of Fort Worth's M/WBE Office at (817) 212-
2674 or email mwbeoffice(cDfortworthtexas.gov. This will ensure that CMAR firms are
acknowledging MBEs (which include DBE firms that are minority owned, controlled and daily
managed) currently certified by the North Central Texas Regional Certification Agency (NCTRCA)
or other certifying agencies that the City may deem appropriate and accepted by the City of Fort
Worth at the time proposals/bids are submitted, in order for the participation to be counted
towards the established diverse goals. The firms must be located in the City's six (6) county
geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker
and Wise.
D. At the time the Guaranteed Maximum Price (GMP) is due and submitted to the City, it shall be
accompanied by the MBE Utilization Plan to address the diverse MBE goals for use when
proposals/bids are sought from trade contractors or subcontractors for performance of all major
elements of the Work. At a minimum, the Plan must provide:
• the company name, address, point of contact, email address, office and fax telephone
numbers of the MBE subcontractors and suppliers; —
• a detailed description of the work to be performed by each MBE;
• the tier level, i.e., 1st 2nd 3rd, etc. (if other than 1st tier, the plan must clearly identify the
firm name and tier from whom the MBE firm will be receiving payment);
• the sub-contract value or percentage of the GMP construction cost for each phase of
work identified for each MBE participant;
• state the MBE percentage level of commitment achieved;
• the timing of the major elements of the work including approximate advertising dates and
• provide the same identification information for all non-MBE participants
The Plan must also include an element detailing how the Proposer will taommunicate with, and report Plan
compliance to, the City's Project Manager and the City's MWBE Office during the Project including
providing to the MWBE Office Letter(s) of intent, purchase orders and or executed sub-contract
agreements after award by the CMAR and prior to the issuance of the notice to proceed of each relevant
phase of the Work.
E. MBE firms must be certified at the time each of the Work's major elements are bid or proposals
submitted, in order for the participation to be counted towards the established goal.
F. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, thE� City's Ordinance does not allow a
Proposer to count itself or its subsidiary-owned companies towards the established goals; the
goals represent subcontracting opportunities.
G. The participation commitment of the MBE Construction Phase Services will be part of the
final weighted selection criteria.
Second Animal Care&Control Facility Page 6 of 56
CMAR January 2020
H. Failure to address the diverse goals and state the MBE commitments shall render the Proposer
non-responsive.
For additional information contact the MWBE Office at(817)212-2674.
4. PROPOSAL SECURITY: This is NOT REQUIRED for this Request for Proposals.
5. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000 and when
the Guaranteed Maximum Prices (GMPs) are agreed upon, the successful Offeror entering into a
contract for the work will be required to give the City surety in a sum equal to the amount of the
contract attributable to each phase. The form of the bond shall be as herein provided and the
surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements
of Texas Government Code Section 2253, as amended.
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$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 sole discretion, will
determine the adequacy of the proof required herein.
No 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 contractor to that
effect and the contractor shall immediately provide a new surety satisfactory to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump
sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been completed and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution
of the work.
If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the
amount of the contract, conditioned on the faithful performance of the work in accordance with the
plans, specification, and contract documents. Said bond shall be solely for the protection of the
City of Fort Worth.
6. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the
site(s) of the work and the details of the requirements set out in these specifications to satisfy
itself as to the conditions which will be encountered relating to the character, quality, and quantity
of the work to be performed and materials and equipment required. The filing of a response by the
Offeror shall be considered evidence that it has complied with these requirements.
7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must
be paid on this project.
8. CMAR OFFERORS SUBMITTALS: With their Request for Proposal submittal, Offerors are
required to submit the following additional information to the Purchasing Office, 200 Texas Street,
Fort Worth, Texas 76102 in order to assist City staff in determining the Contractor's capability of
performing the work and in meeting City contract requirements:
• Contractor's CMAR Qualification Statement (AIA Form A305 or equivalent form),
including client references
Second Animal Care&Control Facility Page 7 of 56
CMAR January 2020
• List of any Proposed Specialist or Subcontractors required for Pre-Construction Services
• Proof of insurability for Statutory Workers Compensation Insurance
• Conflict of Interest Affidavit —
The Offerors Minority Business Enterprise (MBE) Utilization Plan Documentation will be required
prior to and evaluated as part of the Interview Phase. Refer to Paragraph 2 (Selection of CMAR
Contractor) and Paragraph 3 (Business Diversity Enterprise) for additional information on these
submittals.
9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to —
accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in
preparing recommendations for award of the contract. The Contractor must provide and use
subcontractors listed unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should an Offeror find any discrepancies in the Request for Proposals Documents, or should it be
in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a
written addendum that will be available to all Offerors at the place designated for distribution of the
Request for Proposal Documents by the Notice to Offerors. The Contractor is responsible for '
determining if addenda are available and for securing copies p for to submitting a response to this
request for sealed Proposals. Oral instructions or decisions unless confirmed by written addenda
will not be considered valid, legal or binding. No extras will be authorized because of failure of the
contractor to include work called for in the addenda.
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause —
the Proposal to be ruled non-responsive. It is the Contractors responsibility to obtain Addenda
and include its information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that
coverage is in effect at time of the agreed upon Final Guaranteed Maximum Prices (FGMPs) for
Phases I and II. Sample Certificate of Insurance, or other proof that Workers Compensation
Insurance will be obtained, must be submitted within five working days of agreed upon FGMP. —
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate
permits may be required for each work location. •-
14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact
fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and —
meters to the property line. The Contractor will include all remaining fees from the electrical and
gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City
and utility companies for installation of utilities. The Contractor will be responsible for all fees for
electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise
on the plans, the contractor will be responsible for costs and installations from the building side of
the water meter and sewer tap.
15. INSTRUCTIONS TO OFFERORS: Offerors may access the Instructions to Offerors, any
Addendum, Sample Contract, General Conditions, Drawings, and any other related documents
through the City's Buzzsaw website at the following link:
https://Proiectpoint.buzzsaw.com/fortworthgov/PM D%20Proieci:s/Como%20CMAR?public
Second Animal Care&Control Facility Page 8 of 56
CMAR January 2020
16. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
_ 17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum
Price (GMP) and at the minimum, include the following: quality control submittals and approvals
mobilization, site preparation, under slab utilities, foundation work, structural erection, interior
finish, commissioning, and closeout.
18. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission
regulations require that the business entity must fill out the Form 1295 on an electronic filing
application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business
entity that wishes to enter into the contract must supply the completed, signed and notarized Form
1295 to the City.
19. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA)
which includes provisions addressing employment eligibility, employment verification, and
nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who
perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification
Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility
_ documentation for each employee who performs work under this Agreement. Vendor shall establish
appropriate procedures and controls so that no services will be performed by any employee who is
not legally eligible to perform such services. Vendor shall provide City with a certification letter that it
has complied with the verification requirements required by this Agreement.Vendor shall indemnify
City from any penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
20. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less
Than $100,000, this section does not apply. Contractor acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
-- company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor
certifies that Contractor's signature provides written verification to City that Contractor: (1) does
not boycott Israel; and (2)will not boycott Israel during the term of the Agreement.
Second Animal Care&Control Facility Page 9 of 56
4 CMAR January 2020
16. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum
Price (GMP) and at the minimum, include the following: quality control submittals and approvals
mobilization, site preparation, .under slab utilities, foundation work, structural erection, interior
finish, commissioning, and closeout.
18. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission
regulations require that the business entity must fill out the Form 1295 on an electronic filing
application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business
entity that wishes to enter into the contract must supply the completed, signed and notarized Form
1295 to the City.
Second Animal Care&Control Facility Page 9 of 56
CMAR January 2020
BID PROPOSAL
Proposal From HM & MF Ltd., d/b/a Muckleroy& Falls, A Texas Limited Partnership _
Proposal For:
Fort Worth Second Animal Care and Control Facility
January 7, 2020
The City of Fort Worth
Attn: Ronnie Clements
401 West 13th Street
Fort Worth, Texas 76102
The undersigned, having examined the sealed permit set from PGAL dated, October 3, 2019.
Thereby proposes the below Lump Sum base bid, inclusive of all labor, materials, services
required in connection with or incidental to the construction of the outlined work in conformance
with the provided Project Documents.
Base Bid: Eleven Million, Seven Hundred Sixteen Thousand, Eight Hundred Fifty Nine
Dollars ($11.716.8591
Please see attached Estimate Clarifications.The Undersigned further agrees to honor this bid for 30 days after receipt of Bid.
HM & MF LTD, d/b/a Muckleroy & Falls, A Texas Limited Partnership by Muckleroy& Falls
Construction Co., A Texas Corporation and General Partner
By: r
Harold Muckleroy, CECV
Muckleroy&Falls
Client-Centered Commercial Contractor
5801 Edwards Ranch Road,Suite 100 Fort Worth,TX 76109
817.877.3510 www.muckleroyfalls.com
.LiY WO 'NTH
r-I
MUCKLEROY&FALLS
PROJECT;FORT WORTH NORTH ANIMAL CARE AND ADOPTION
BID DATE:Thursday,November 14,2019 CURRENT TOTAL:$10,899,404
EST#:E061.18 COST/SOFT:$285.94
SOFT:38,118 DURATION:12
BASE BID
1•
DESCRIPTION BID 3'sr SUBCOPTRAC7qW
M-57 ENER 14DITIONS 5288,717 $7.57
Afflaluffierr
02300 EARTHWORK $295,333 $7.75� HOLBROOK_x
02500 SITE UTILITIES $337,485 $8.85 CALVO CONSTRUCTION Y
l.IiY.nc 02760 PAVEMENT MARKINGS&SIGNS $7,918^$0.21 ROYAL STRIPING Y
02820 FENCES&GATES $186,395 $4.89 BUZZ FENCE ZN
02830 RETAINING WALLS $211,040 $5.54 SOUTHWEST
:�..w,seu-,q.,<,02900 LANDSCAPE&IRRIGATION $40210-1 $10 55 SOUTHERN BOTANICAL '�11 Tj0@R9i1'.:'_'•703000 CONCRETE-TURNKEY $1,850,462 $48.55 SIZELOVE CONSTRUCTION 3E-TUNKEY i ua
04000 MASONRY RETAINING WALLS ONLY
a-. _ -'I,"----- ...�_:r,M.,.> �;m,-.rc:.:- -
05120 STRUCTURAL STEEL _ $186.908 $4.90 ADS STEEL SERVICES
do 06220 MILLWORK $102,737 $2.70 AEP
ll4IYpiN.'�..
07100 WATERPROOFING&SEALANTS $48,268 $1.27 GEORGE D ALAN
07110 SPRAY FOAM INSULATION $14,798 $0.39 EAGLE FOAM INSULATION
07300 ROOFING_ _ SO W PEMB
-
08110DOORS-FRAMES-HARDWARE^ $193,568 $5.08x DFW DOOR&HARDWARE
w4rinlowr
08360 OVERHEAD DOORS $26,777 $0.70 TEXAS OVERHEAD DOOR
08400GLASSBGLAZING $432,510 $11.35 GRIZZLY GLASS
_:�.,. ..,u-,.>- .:,:~.v...., x::: ..=w•._n..,.a-�Y,-ans... ..,. F04]law
09250�DRYWALL&ACT $399,110 $10.47 JP ACOUSTICS Y
09600 FLOORING $259,721 $6.81 BUSINESS FLOORING
iovui®ox_�
09900 PAINTING $173,447 $4.55 sMCSWEENEY
ruWmin.;„�.x,f0000 SPECIALTIES..z $94,254 $Z47A TBS SPECIALTIES/A SIGN OF QUALITY
11400 EQUIPMENT V $218,630 $5.74 TRISTAR+
12490 FURNISHINGS` ALTERNATE ONLY
13120 PRE-ENGINEERED STRUCTURES $1,576,613 $41.36 ALLIANCE
14200 ELEVATORS $81,840 $2.15 SCHINDLER
«..15001 HVAC-MECHANICAL $955,950 $25.08� DALLAS MECHANICAL GROUP Y Ly%
n 15300 FIRE PROTECTION x., EXCLUDED
nMw :__"__
-�15400 PLUMBING s $1,111.607 $29.16 PARAMOUNT PLUMBING :a Y
«�^•� 16000 ELECTRICAL $992,044 2$26.03 ALL-FAIR ELEC '�Y ner 16�0%
17000 TELE-DATA-AV SYSTEMS BY OWNER
17900 SECURITY SYSTEMS BY OWNER
iA4fftITMNrF-u-:
SUBTOTAL $10,448,241 $274.10 $2,745,281
TOTAL MINORITY
GROSS COST $10,448,241 27.02%
BUILDERS RISK INSURANCE $13,917
GENERAL LIABILITY INSURANCE $35,315
BUILDING PERMIT/fDLR REVIEW BY OWNER
TESTING BY OWNER
SUBTOTAL 10,497,473
CONTRACTOR'S CONTINGENCY 0.25% $26,244
OVERHEAD&FEE 2.75% $289,402
SUBTOTAL $10,813,119
SALES TAX-8.25%(YES/NO) TAX EXEMPT
PAYMENT&PERFORMANCE BOND(YES/NO) YES $86,285
iTOT, AL $10 8 99,40
ADD ALTERNATES
#1(WALKING TRAIL) $93.949
#2(ADD WALKS ALONG PARKING) S7,787
#3(SYNTHETIC TURF) $226,381
#4(GET ACQ.SHADE STRUCTURES) $150,780
#5(OP.PARTITION IN ADOPT) $30.631
#6(INCL WINDOW TREATMENTS) $33,972
#7(TRELLISES-INCL IN BASE) INCL
#8(PERIMETER FENCE-3 SIDES) $131,116
#9(LANDSCAPE&IRR DESIGN OVER CODE MIN.) 1 $72.786
1�
11/3l/11119 Mgeldl
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort
Worth (also referred to as "City") procurement are required to complete Conflict of Interest r
Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure
Statement (the attached.CIS Form) below pursuant to state law. This affidavit will certify that
the Bidder has on file with the City Secretary the required documentation and is eligible to bid
on City Work. The referenced forms may be downloaded from the website links provided
below. r
P
htti)://www.ethics.state.tx.us/forms/CIQ.pdf
htto://www.ethics.state.tx.us/forms/ClS.pdf
FR
I
OX CIQ Form is on file with City Secretary
CIQ Form is being provided to the City Secretary
®CIS Form is on File with City Secretary
CIS Form is being provided to the City Secretary
1
i
HM :MR,Ltd.,d/b/a MUCKLE90Y&FALLS,a Texas
UrnheJ Partnership by Muckleroy&Falls Construction
BIDDER: Co.,a Texas Corporation and General Partner
Muckle & Falls By: Zach Muckleroy
o p y (Please Print)
Address 5801 Edwards Ranch Rd., Ste. 100, Fort Worth, Texas 76109
4Ice Presiden t
Title: City/State/Zip (Please Print)
. i
I
Second Animal Care&Control Facility Page 13 of 56
CMAR August 2018
r
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE
This questionnaire is being filed in accordance with chapter 176 of the Local ONLY
Government Code by a person doing business with the governmental entity. Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006,Local Government Code.
A person commits an offense if the person violates Section 176.006,Local
Government Code.
An offense under this section is a Class C misdemeanor.
MP
1. Name of person doing business with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than September 1 of the year for which an activity described in Section 176.006(a),Local Government
Code,is pending and not later than the 7th business day after the date the originally filed questionnaire
becomes incomplete or inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the local
MP governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local government officer and
who appoints or employs a local government officer of the local governmental entity that is the
subject of this questionnaire.
Second Animal Care&Control Facility Page 14 of 56
CMAR January 2020
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A,B,or C is YES.) _
This section,item 5 including subparts A,B,C&D,must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the
filer of the questionnaire?
i
❑ Yes ❑ No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the
local government officer named in this section AND the taxable income is not from the local governmental
entity?
❑ Yes ❑ No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director,or holds an ownership of 10 percent or more?
❑ Yes ❑ No
D. Describe each affiliation or business relationship. _
6. Describe any other affiliation or business relationship that might cause a conflict of interest. �•
7.
Signature of person doing business with the governmental entity Date
Second Animal Care&Control Facility Page 15 of 56
CMAR January 2020
LOCAL GOVERNMENT OFFICER FORM CIS
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular OFFICE USE ONLY
Session.
This is the notice to the appropriate local governmental entity that the following local Date Received
government officer has become aware of facts that require the officer to file this statement in
Name of Local Government Officer
Office Held
Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code
Description of the nature and extent of each employment or other business relationship and each family relationship
with vendor named in item 3.
List gifts accepted by the local government officer and any family member, if aggregate value of the gifts
from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
(attach additional forms as necessary)
AFFIDAVIT
- I swear under penalty of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local
government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),
Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day
of , 20 ,to certify which, witness my hand and seal of office.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
T Second Animal Care&Control Facility Page 16 of 56
CMAR January 2020
LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form.
A'local government officer'is defined as a member of the governing body of;a local governmental entity;a director,
superintendent, administrator, president, or other person designated as the executive officer of a local
governmental entity; or an agent of a local governmental entity who exercises discretion in the planning,
recommending, selecting, or contracting of a vendor. This form is required to be filed with the records
administrator of the local governmental entity not later than 5 p.m.on the seventh business day after the date on
which the officer becomes aware of the facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local
Government Code.An offense under this section is a misdemeanor.
Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this
form.
Part 1 - INSTRUCTIONS FORCOMPLETINGTHIS FORM
The following numbers correspond to the numbered boxes on the otherside.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code. Enter the
name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an
employment or other business relationship with the local government officer or a family member of the
officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local
government officer or a family member of the officer one'or more gifts as described by Section 176.003(a)(2)(B),
Local Government Code; or c) has a family relationship with the local government officer as defined by Section
176.001(2-a),Local Government Code.
4. Description of the nature and extent of each employment or other business relationship and
each family relationship with vendor named in item 3. Describe the nature and extent of the
employment or other business relationship the vendor has with the local government officer or a family
member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family
relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local —
Government Code.
5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3
exceeds •$100. List gifts accepted during the 12-month period (described lay Section 176.003(a)(2)(B), Local
Government Code)by the local government officerorfamily memberof the officerfrom the vendor named in item 3
that in the aggregate exceed$100 in value.
6.Affidavit. Signature of local government officer.
Local Government Code § 176.001(2-a): "Family relationship" means a relationship between a person
and another the third dann-_bycnnsannuinitvnrthPsecnnrLlenrPPbyaffinity asthosetermsare
defined by Subchapter B,Chapter573,Government Code.
Part 2-.Local Government Code§176.003(a)(2)(A):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government
officer or a family member of the officer that results in the officer or family member
receiving taxable income, other than investment income, that exceeds $2,500
during the 12-month period precedingthe date that the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been T
executed;or
(ii) the local governmental entity is considering entering into a contract with the
vendor.
Second Animal Care&Control Facility Page 17 of 56
CMAR January 2020
_ 1�!o.01339(Back)
(Rev.4-1318)
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of purchaser,firm or agency
City of Fort Worth,Texas
Address(Street&number,P.O.eoz or Route number) Phone(Area code and number)
200 Texas Street 817-392-8517
City,State,ZIP code
Fort Worth,Texas 76102
I,the purchaser named above,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) from:
Seller: All Vendors
Street address: City, State,ZIP code:
Description of items to be purchased or on the attached order or invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor
vehicle.
Purchaser claims this exemption for the following reason:
Municipality, Govemmental Entity
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
1 understand thatitise crimin aloffense togive an exemption certificate to the sellerfortaxable items that/know,at the time ofpurchase,
willbe usedin a manner otherthan thatexpressedin this certificate,and depending on the amountoftax evaded,the offense ma yrange
from a Class C misdemeanor to a felony of the second degree.
Purchaser Title Date
sign
here Finance Director/CFO ltdf�
NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
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 no send the completed certificate to the Comptroller of Public Accounts.
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION DESCRIPTION Wage Rate
AC Mechanic $
25.24
AC Mechanic Helper 13.67
Acoustical Ceiling Installer $
16.83
Acoustical Ceiling Installer Helper
12.70
Bricklayer/Stone Mason $
19.45 —
Bricklayer/Stone Mason Trainee $
13.31
Bricklayer/Stone Mason Helper $
10.91
Carpenter $
17.75
Carpenter Helper $
14.32
Concrete Cutter/Sawer $
17.00 WR
Concrete Cutter/Sawer Helper $
11.00
Concrete Finisher $
15.77
Concrete Finisher Helper $
11.00
Concrete Form Builder $
15.27
Concrete Form Builder Helper $ '.
11.00
Drywall Mechanic $
15.36
Drywall Helper $
12.54
Drywall Taper $
15.00 PW
Drywall Taper Helper $
11.50
Electrician(Journeyman) $
19.63
Electrician Apprentice(Helper) $
15.64
Electronic Technician $
20.00
Floor Layer $
18.00
Floor Layer Helper
10.00
Glazier $
Second Animal Care&Control Facility Page 19 of 56
CMAR January 2020
21.03
Glazier Helper $
12.81
Insulator $
16.59
Insulator Helper 11.21
Laborer Common $
10.89
Laborer Skilled $
14.15
�r Lather $
12.99
Metal Building Assembler 16.00
Metal Building Assembler Helper $
12.00
Metal Installer(Miscellaneous) 13.00
Metal Installer Helper(Miscellaneous) 11.00
Metal Stud Framer $
_ 16.12
Metal Stud Framer Helper $
12.54
Painter $16.44
Painter Helper $
9.98
Pipefitter $
21.22
Pipefitter Helper $
15.39
Plasterer $16.17
Plasterer Helper $12.85
Plumber 21.98
Plumber Helper $
15.85
Reinforcing Steel Setter 12.87
w Reinforcing Steel Setter Helper $
11.08
Roofer $
16.90
Roofer Helper
11.15
�r Sheet Metal Worker 16.35
Sheet Metal Worker Helper 13$11
OR Sprinkler System Installer $
OR Second Animal Care&Control Facility Page 20 of 56
CMAR January 2020
19.17
Sprinkler System Installer Helper $
14.15
Steel Worker Structural $
17.00
Steel Worker Structural Helper $
13.74
Waterproofer $
• 15.00
Equipment Operators
Concrete Pump $ _
18.50
Crane,Clamshell,Backhoe,Derrick, D'Line Shovel $
19.31
Forklift $
16.45
Foundation Drill Operator $
22.50
Front End Loader $
16.97
Truck Driver $ +
_ 16.77
Welder $
19.96
Welder Helper $ �..
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled
by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's(The Construction Association)website.
www.texoassociation.org/Chapter/wagerates.asp
Second Animal Care&Control Facility Page 21 of 56
CMAR January 2020
CITY OF FORT WORTH
WEATHER TABLE
-- Average Days
Month of Inches of Rainfall
Rainftowllce
anuary 6 2.51
Februa 7 2.2a
ftch 9 3.49
mil 7 2.97
MMay 10 4.56
une 8 3.31
uty 4 1.83
ugus# 5 1.88
ptember 5 2.34
October 7 3.65
November 7 2.70
December 6 2.34
nualiy 81 33.81
(1)Mean number of days precipitation of 0.01"or more or 11T snowhce
(2)Average normal precipitation,in inches
This table is based on information reported from Dallas-Fort Worth Intematiorml 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 days are based on records covering 21 years.
Precipitation is based on recorded information from 1996 through 2016 period.
This table is to be used as a baisis for calculation of excess rain or weather days for projects
with duration in calendar days.ti the site records indicate that the Contractor was unable to
marry old 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 snawfice days for the contract
duration,the contract will be adjusted by Change Order.
rR
Fart Worth Weather Table 24Aprir 2U1J
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CMAR January 2020
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
CONSTRUCTION MANAGER-AT-RISK CONTRACT
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, General Conditions, Special
Conditions, Specifications, Plans, Bonds and all Addenda and 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, Change
Order or Field Order signed by the Construction Manager at Risk("CMAR")and the Owner.
A-3 WORK. By the term "Work" is meant all labor, supervision, materials and equipment necessary to be used or
incorporated in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in four originals,with all
required attachments, including required bonds and insurance certificates, by the CMAR and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of delivery to CMAR. Failure to execute contracts and
provide all required bonds and insurance will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a proposal, the CMAR shall examine carefully the proposal,
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 proposal by the bidder shall be considered evidence that he has
complied with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by
the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a
single unified Contract,the intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and
other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade
meanings are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the CMAR in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be
necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect
or at the request of the CMAR, or Owner,and will be issued with reasonable promptness and at such times and in accordance with
such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or
furnished by the Architect,CMAR,or any subcontractor or materialman,or involving any question of fault or liability of any party,the
decision of the Owner shall be final and binding.
In the event of inconsistency in the contract documents, the following sequence fo interpretation shall be used in order of
precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and
dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;
and,Construction Contract.
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The CMAR will furnish to City three (3)sets of working
Drawings, Three (3)sets of Specifications, and one(1)set in electronic format prior to starting work. CMAR shall pay the cost of
reproduction for all other copies of Drawings and Specifications furnished to him.
A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of
disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in
order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included.
The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and
other Federally funded Projects.
A-11 CORRELATION AND INTENT. In general,the drawings indicate dimension, I<,cations,positions,quantities, and kinds of
construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
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CMAR January 2020
specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as
similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality
or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork,electrical apparatus, etc., are
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
Architects approval.
A-12 AGE In accordance with the policy("Policy') of the Executive Branch of the federal government, CMAR covenants that
neither it nor any of its officers,members,agents,employees, program participants or subcontractors,while engaged in performing
this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
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 Policy and will defend, indemnify and hold City harmless against any claims or allega-
tions asserted by third parties or subcontractor against City arising out of CMAR's and/or its subcontractors' alleged failure to
comply with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"), CMAR warrants
that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of
CMAR or any of its subcontractors. CMAR warrants it will fully comply with ADA provisions and any other applicable federal, state
and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by
third parties or subcontractors against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
— IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to practice architecture
identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent
the Owner during the construction phase as directed by the Owner.
B-2 DUTIES OF THE ARCHITECT. As used herein,the term Architect means the Architect or his authorized representative.
Nothing contained in these Contract Documents shall create any privity of contract between the Architect and the CMAR.
" B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER. The Architect will have authority to act as the representative of
the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be
available for conferences and consultations with the Owner or the CMAR at all reasonable times.
B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and
progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the
Contract Documents.
_ The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if
the work is proceeding in accordance with the Contract documents, On the basis of on-site observations,the Architect will keep the
Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of
the CMAR. Based upon such observations and the CMAR's applications for payments,the Architect will make determinations and
recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts.
B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the CMAR,subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents.
B-6 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and
Specifications. In addition,whenever, in its reasonable opinion,the Architect considers it necessary or advisable in order to insure
the proper realization of the intent of the Plans and Specifications,the Architect will have authority to require the CMAR to stop the
Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed.
B-7 MISCELLANEOUS DUTIES OF ARCHITECT.
Shop Drawings. The Architect will review Shop Drawings and Samples as provided in Section D. The Architect will provide two
copies of each approved Shop Drawing and submittal to the Owner.
Change Orders Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner through the Architect
in accordance with the provisions of Section L.
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CMAR January 2020
Guarantees. The Architect will receive on behalf of the Owner all written guarantees a 1d related documents required of the CMAR.
Upon completion of the project the CMAR shall provide the Architect five copies of each guarantee.The Architect will provide three
copies of each guarantee to the Owner.
Inspections The Architect will conduct inspections for the purpose of determining and snaking his recommendations concerning the
dates of substantial completion and final completion. _
Operation and Maintenance Manuals The Architect will receive on behalf of the Owner, six copies of all applicable equipment
installation, operation, and maintenance brochures and manuals required of the CMAR. The Architect will provide three copies of
this information to the Owner.
B-8 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner, the
Owner shall either assume the duties of the Architect through the Director of the Property Management Department, or shall
appoint a successor Architect against whom the CMAR makes no reasonable objection.
SECTION C
OWNER
C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized
representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager,the
Director of the Property Management Department, and members of the Facilities Management Division. Generally speaking a
designated representative will be identified from within the Facilities Division to act as a point of contact for day-to-day contract
administration.
C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics,legal limits and utility
locations for the site of the Work; provided, however, that the CMAR hereby covenants that he has inspected the premises and
familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the
Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the C.VIAR in the prosecution of the Work in such
manner and to such extent as may be reasonable and shall furnish information under it;control with reasonable promptness at the
request of the CMAR. _
C-3 INSTRUCTIONS. The Owner shall issue all instructions to the CMAR through the Architect.
C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to tl-e Work whenever it is in preparation and
progress. The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract
Documents.
C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the
progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the
basis of on-site observations and reports provided by the Architect concerning the progress and quality of the work,the Owner will
approve and authorize the CMAR's applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications,the Owner will have authority to require the CMAR to stop the work or any
portion thereof, or to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the
Work whether or not such Work be then fabricated, installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and Architect that the Work is
substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended
by representatives of the Architect, Owner and CMAR. Items identified during this inspection as being incomplete, defective or
deficient shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704,which is to
be prepared and signed by the CMAR,and accepted,approved and signed by the Owner.
C-8 RIGHT TO AUDIT:
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 his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any
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
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CMAR January 2020 —
CONSTRUCTION MANAGER AT RISK(CMAR)
D-1 IDENTIFICATION. The Construction Manager at Risk ("CMAR") is the person or organization identified as such in the
Contract.The term CMAR means the Contractor or his authorized representative. The term Contractor is synonymous with CMAR
in his performance of the construction portion of the Project. The duties of the CMAR are as follows: CMAR shall work with the
Architect prior to construction to analyze the Architect's design, including the Plans and Specifications,to ensure the feasibility and
constructabifity of the Project design, and to assist in bringing the estimated construction cost of the Project within the Construction
Budget through value engineering,the selection of building systems and materials, cost estimating, scheduling, and other means,
without adversely affecting the capacity and quality of the Project;and
2. The CMAR will propose a Guaranteed Maximum Price ("GMP") for the construction of the Project, which is within the
Construction Budget, after or during completion of the pre-construction services.
3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of
subcontractors and prompt payment to the subcontractors.
D-2 INDEPENDENT CONTRACTOR.Contractor shall perform all work and services hereunder as an independent contractor,
not as an officer, agent, or employee of the City. Contractor 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 Contractor shall be solely responsible
for the acts and omissions of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or
joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall
not apply.
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 Contractor without the prior written consent of the Director of Property Management Department of
the City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of
the Contract, Drawings, Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any
error,inconsistency or omission he may discover.CMAR shall do no work without Drawings,Specifications and Interpretations.
D-5 SUPERVISION. CMAR shall supervise and direct the Work, using its best skill and attention. It 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, 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.
CMAR will use its reasonable best efforts to hire or contract with local laborers,workmen and materialmen. This general condition
is not to be construed as limiting the right of the CMAR to employ laborers,workmen or materialmen from outside local area.
CMAR shall at all times enforce strict discipline and good order among its employees, and shall not employ any unfit person or
anyone not skilled in the task assigned to him.
D-7 PREVAILING WAGE RATE. CMAR agrees to pay not less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the Work is performed,and not less than the general prevailing wage of per diem wages
for a legal holiday and overtime work to all laborers,workmen and mechanics employed on the Work under this Contract. CMAR
agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth,
Texas,a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein.
D-8 WARRANTY. CMAR warrants to the Owner and the Architect that all materials and equipment furnished under this
Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in
conformance with the Contract Documents. All work not so conforming to these standards may be considered defective, If
required by the Architect or the Owner, 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. CMAR is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use
Tax.
D-10 LICENSES, NOTICES AND FEES. CMAR shall obtain all Permits, Licenses, Certificates, and Inspections, whether
permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are
waived. Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are
kept active and do not expire.The contractor will be responsible for any reinstatement fees due to expired permits.
CMAR shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on
the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance
with any such laws, ordinances, rules, regulations and orders in any respect, it shall promptly notify the Architect in writing and any
necessary changes will be made. If the Contractor performs any work knowing that it is in violation of, or contrary to, any of such
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...� CMAR January 2020
Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, CMAR will
assume full responsibility therefore and bear all costs attributable thereto.
D-11 CASH ALLOWANCES. CMAR shall include in the Contract Sum all allowances stated in the Contract Documents.
These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable
taxes. CMAR's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the
original allowance shall be included in the GMP and not in the allowance.CMAR shall cause the Work covered by these allowances
to be performed for such amounts and by such persons as the Architect may direct, but it will not be required to employ persons
against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance,the GMP
shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs,field
overhead, profit and other direct expenses or savings resulting to the CMAR from any increase or decrease in the original
allowance.
D-12 SUPERINTENDENT. CMAR shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The
superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the
CMAR. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in
each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the Owner for
the acts and omissions of all his employees and all Subcontractors, their agents and employees, and all other persons performing
any of the Work under a contract with the CMAR.
D-14 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and =
Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same in
accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper,
and if, in the completion thereof,the cost to the City shall exceed the contract price or prices set forth in the plans and specifica-
tions made a part hereof, the CMAR and/or its Surety shall pay said City on demand in writing, setting forth and specifying an
itemized statement of the total cost thereof,said excess cost.
D-15 PROGRESS SCHEDULE. CMAR, immediately after execution of the contract, shall prepare and submit for the
Architect'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 Architect'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.
CMAR shall update the progress schedule monthly and submit to the Architect for approval with the CMAR's monthly progress ^�
payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the Owner one copy of all
Drawings, Specifications,Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order
and marked to record all changes made during construction.These shall also be available to the Architect. The Drawings,marked
to record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect
will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work.
D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance
charts, brochures and other data which are prepared by the Contractor 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 contractor, normally within the first 90 days of the work, six copies of all shop =
Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or
amendments.Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require.At the time of
submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements
of the Contract Documents.
By approving and submitting Shop Drawings and Samples, the CMAR thereby repres(mts 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's approval of a separate item shall not indicate
approval of an assembly in which the item functions.
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only
for conformance with the design concept of the Project and with the information given i i the Contract Documents. The Architect's
approval of a separate item shall not indicate approval of an assembly in which the item functions.
The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of
Shop Drawings or new Samples until approved. The CMAR shall direct specific attention in writing or on. resubmitted Shop
Drawings to revisions other than the corrections requested by the Architect on previous submissions.
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CMAR January 2020
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 of the shop drawings shall
not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-18 SITE USE. The CMAR shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work
by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,care and responsibility
of the CMAR. CMAR shall take every precaution against injury or damage to persons or property by the action of the elements or
from any other cause whatsoever. The CMAR shall rebuild, repair, restore and make good at its own expense all injuries or
damages to any portions of the Work occasioned by any of the above,caused before acceptance.
D-22 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting,fitting or patching of its Work that may require 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-23 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 it 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 Contractor fails to clean up,the Owner may do so, and the cost thereof shall be charged to the Contractor.
` D-24 COMMUNICATIONS. As a general rule,the CMAR shall forward all communications to the Owner through the Architect,
and in all other instances the CMAR shall furnish the Architect a copy of any communication sent directly to the Owner.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the
work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine
in gender and means a Subcontractor or his authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of his sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS. The CMAR shall comply with all requirements of Section 271.118 and Chapter 252,
Texas Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall comply with the
requirements of Section of 271.1180),Texas Local Government Code.
CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements of work other than
General Conditions. To Self-Perform work,the CMAR must submit a bid or proposal in same manner as trade subcontractors and
subcontractors.
The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner
and the Architect,unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the CMAR and the Subcontractor (and where appropriate between Subcontractors and Sub-
subcontractors)which shall contain provisions that:
1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. require that such Work be performed in accordance with the requirements of the Contract Documents;
3. require submission to the CMAR of applications for payment under each subcontract to which the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment;
4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the CMAR(via any Subcontractor or Sub-subcontractor where appropriate) in the
manner provided in the Contract Documents for like claims by the CMAR upon the Owner;
5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance,except such rights, if any,as they may have to proceeds of such insurance held by the Owner,and,
6. obligate each Subcontractor specifically to consent to the provisions of this Section
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CMAR January 2020
All of the provisions set out in this section shall be deemed to have been included in eery subcontract,and every subcontract shall
be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub-
contract.
E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE(MIWBE)
The City will consider the CMAR's performance on other City Projects regarding its M/WBE program in the evaluation of bids.
Failure to comply with the City's M/WBE program, or to demonstrate a "good faith effort", shall result in a bid being considered
irresponsible.
Upon request, CMAR must provide the City with complete and accurate information regarding actual work performed by a Minority
or Women Business Enterprise (M/WBE)on the contract and proof of payment thereof. CMAR further agrees to permit an audit
and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an M/WBE.
The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the CMAR will be
grounds for termination of the contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to
false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will t
result on the CMAR being determined to be irresponsible and barred from participating in City work for a period of time of not less
than three years.
CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to execution of
the contract. CMAR shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office.
The CMAR may count any tier subcontractors and/or suppliers toward meeting the goals. The CMAR may count toward its goal a
portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MMBE 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 by
either the North Central Texas Regional Certification Agency or by Texas Department of Transportation, Highway Division prior to
the award of the Contract.
Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to .f
perform the work. Whenever a change order is in excess of 10%of the original contract,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 or subsequent to the bid,
and,
2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the CMAR
had represented he would perform with his forces, the CMAR shall notify the City before subcontracts or purchase orders are
let,and shall be required to comply with modifications to goals as determined by tlhE�City,and,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the CMAR desires to change or delete any of the M/WBE
subcontractors or suppliers.
Justification for change may be granted for the following:
1. Failure of subcontractor to provide evidence of coverage by Workers'Compensation Insurance —
2. Failure of subcontractor to provide required general liability or other insurance.
3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the CMAR in preparing —•
his M/WBE Participation plan
4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract.
Other reasons at the discretion of the M/WBE Coordinator
Before final payment from the City, the CMAR shall provide the M/WBE Office with documentation to reflect final participation of
each M/WBE subcontractor and supplier used on the project. Upon verification by the M/WBE Office that the CMAR has fulfilled
it's the M/WBE goal commitment with bond fide M/WBEs performing commercially useful functions, a recommendation will be
made to the Director,Transportation and Public Works that no reduction in fee should be withheld from the final payment.
E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work. The
CMAR shall also require each Subcontractor to make similar payments to his subcontractors.
If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault of a
particular subcontractor, the CMAR shall pay that Subcontractor on demand, made at any time after the Certificate for Payment
would otherwise have been issued,for his Work to the extent completed, less the retained percentage. ...
The CMAR shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require
each Subcontractor to make similar payments to his Subcontractors.
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The Architect 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.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the
Work. When separate contract 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.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. 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 connect and
coordinate his work with theirs.
If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractor,the CMAR
shall inspect and promptly report to the Architect 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
contractors work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's
work after the execution of the Contractor's Work.
Should the CMAR cause damage to the work or property of any separate contractor on the site,the CMAR shall, upon due notice,
settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any
damage alleged to have been so sustained,the Owner shall notify the CMAR who shall defend against such suit at the Contractor's
expense, and if any judgment against the Owner arises therefrom, the CMAR shall pay or satisfy such judgment and shall
reimburse the Owner for all attorney's fees,court costs and expenses which the Owner has incurred in connection with such suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting,fitting or patching of his
Work that may be required to fit it to receive or be received by the work of other 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 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for
cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The Contractor must familiarize himself and strictly comply with all Federal, State, and County
and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon
the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any
claim or liability arising from or based on the violation of any such Laws,Statutes, Charter, Ordinances, Regulations,or Directives,
whether by himself,his employees,agents or subcontractors.
G-2 GOVERNING LAWS AND VENUE. It is mutually agreed and understood that this agreement is made and entered into
by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of
Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the
provisions of the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant
County,Texas and contracts consents to such jurisdiction.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful
wrong.
G-4 COMPLIANCE WITH LAWS. CMAR agrees to comply with all laws, Federal, state and local, including all ordinances,
rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State
Sales Tax.
CMAR and any subcontractors are responsible for obtaining construction permits from the governing agencies. CMAR shall
schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of
updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued
without charge. Water and sewer access fees and impact fees will be paid by the City. Any other permit fees are the responsibility
of the Contractor.
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
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own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss,
property damage, personal injury, including death, arising out of,or alleged to arise out of,the work and services to be performed
hereunder by CMAR, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury.
damage or death is caused,in whole or in Part,by the negligence or alleged ngq 7ence of Owner,its officers,servants,or
employees. CMAR likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries
to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole
or in part by the negligence or alleged negliqence of Owner,its officers,servants or employees.
In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment, final
payment shall not be made until CMAR either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a
release from the claimant involved, or(b) provides Owner with a letter from CMAR's liability insurance carrier that the claim has —
been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a CMAR against
whom a claim for damages is outstanding as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to
the benefit of the parties hereto,their Successors or Assigns. CMAR shall not assign or sublet all or any part of this Contract or his
rights or duties hereunder without the prior written consent of the Owner.Any such pu'ported assignment or subletting without the
prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of$25,000. CMAR agrees, on the
execution of the contract to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished
in the prosecution of the work,such bonds being as provided and required in Chapter 2253,Texas Government Code.
Bonds shall be made on the forms furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety
Company shall properly execute each bond.
If the total contract price is$25,000 or less, payment to the contractor shall be made in one lump sum.Payment shall not be made
for a period of 45 calendar days from the date the work has been completed and accepted by the Owner.
If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned
on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall
solely be for the protection of the City of Fort Worth.
In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the United States
secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained
reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized) and admitted as a reinsurer in the state of
Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon
request. The Owner,in its sole discretion,will determine the adequacy of the proof required herein.
No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any
litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will
be given to the CMAR to that effect and the CMAR shall immediately provide a new surety satisfactory to the Owner
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other
remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued
deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies, including the cost of the
Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the CMAR _
are not sufficient to cover such amount,the CMAR or its surety shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS. The CMAR shall pay all royalties and license:fees. He shall defend all suits or claims for
infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if
the CMAR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such information to Architect.
G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the CMAR may be
required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when
approved by the Owner. When it is necessary to interrupt the existing utilities, the CMAR shall notify the Owner in writing at least �.
ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a
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minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an
interruption may not be subject to schedule at the time desired by the CMAR. In such cases, the interruption may have to be
scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the CMAR of existing
utility services shall be as approved by the Owner.
G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work.
Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work
affected is performed. Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory
workmanlike manner at the CMAR's sole expense.
The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents.
Prior to commencing work, the CMAR shall carefully compare and check all Architectural, Structural, Mechanical an Electrical
drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any
discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work
made necessary by failure or neglect on his part to comply with this function shall be done at the CMAR's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work,the CMAR shall verify all measurements at the site
— or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on
account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be
found shall be submitted to the Architect for consideration and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to
be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as
required,whether or not shown or specified at the CMAR's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the
Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the
Drawings.
Location of existing underground lines shown on the Drawings are based on the best available sources, but are to be regarded as
approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the CMAR to make certain in the
installation of jointed floor,wall and ceiling materials that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes
heating registers,light fixtures,equipment,etc.
If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the
above,the CMAR shall request the Architect to determine the most satisfactory arrangement.The CMAR shall establish centerlines
for all trades.
G-17 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages.
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 Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not,
that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. CMAR shall exercise every
reasonable precaution to ensure that hazardous materials are not incorporated into any portion of the project, including advising all
materials suppliers and subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact
the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs, it shall
be brought to the Architect's attention immediately and the relocation determined in a joint conference. The CMAR will be held
responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items
at his own expense if so directed by the Architect. Where possible,uniform margins are to be maintained between parallel lines and
or adjacent wall,floor or ceiling surfaces.
G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying
capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or
roofs before they have attained their permanent and safe strength.
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G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site.Six copies of such
instructions shall be furnished to the Architect and his approval thereof obtained before work is begun.
G-22 CLEANING UP. The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by
employees,its subcontractors or as a result of the work.
At completion of work, the CMAR shall, immediately prior to final inspection of ccmplete building, execute the following final
cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials.
1. Sweep and buff resilient floors and base,and vacuum carpeting.
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust,and if necessary wash,all plumbing and electrical fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be —
cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.
Surfaces that are waxed shall be polished.
8. The exterior of the building,the grounds, approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of —
buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall
be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth.
9. Clean all glass surfaces and mirrors of putty, paint materials,etc.,without scratcl-ing or injuring the glass and leave the work _
bright,clean and polished.Cost of this cleaning work shall be borne by CMAR.
10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on th,� Drawings or required in the Specifications
shall be taken to indicate the required condition at the time of acceptance of all wci k under the Contract.
11. Burning:Burning of rubbish on the premises will not be permitted.
G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during
the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect,operations —
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall —
not be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for s-oring flammable materials and paints; no
storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal
container and removed from the building during unused periods. —
A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or
cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and
hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not
on the premises.
The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.
However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall
be neatly sawed or cut by CMAR in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical
surfaces.Care should be exercised not to damage any work that is to remain.
At no time shall any structural members be cut without written consent from the Architec!.
G-26 PROJECT CLOSEOUT.
Final Inspection,Record Drawings:Attention is called to General Conditions Section 1 untitled,"Payments and Completion."
Maintenance Manual: Sheets shall be 8'/V x 11",except pull out sheets may be neatly folded to 8'/2'x 11".Manuals shall be bound
in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain:
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1) Name,address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturer's local
representative,for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels,service entrance equipment and light fixtures.
4) Manufacturer's name, type, and color designation for resilient floors, windows, doors, concrete block, paint, roofing, other
materials.
Submit two electronic and 1 hard copy Maintenance Manual,prior to request for final payment.
Operational Inspection and Maintenance Instruction: The CMAR shall provide at its expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial startup. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the CMAR to Architect. Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract.
The CMAR shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work,are
for longer periods, CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall
be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s)in interest.
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 manufacturer's 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. 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 ail cost of repairing and/or replacing damaged items and components
to bring such items back to at least their original condition.
G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the
construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be
—' delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or
character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that
purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The
representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and
details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in
addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE. At the CMAR's option, 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-30 PRODUCT DELIVERY, STORAGE, HANDLING. CMAR shall handle, store and protect materials and products,
including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site
and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall
be carefully removed and delivered to the Owner at any location within the City limits as directed by the City.
G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not
y„ 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 execution of the contract. Failure to inform the City of substitute projects will obligate the
CMAR to provide the specified material. Within 14 days after execution of the contract and upon request of the architect or
contractor,the CMAR will submit a full sized sample and/or detailed information as required allowing the architect to determine the
acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no
" alternates to the specified equipment.
SECTION H
CONTRACT TIME
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H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work.
The date of commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed,it shall be
the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion
thereof can be made only by Owner,and no other form of acceptance will be binding upon the Owner.
A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday,regardless of whether a
"Working Day" or not, and regardless.of weather conditions or any situation which might delay construction. An extension of
contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final
approval by City of Fort Worth.
A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other
conditions not under the control of the Contractor 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
Contractor from working on Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be
charged as contract-working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays
are defined as being New Year's Day, Martin Luther King Day, Independence Day, Labor Day, Thanksgiving Day, the day After
Thanksgiving, Christmas Day, and Memorial Day. If Christmas Day or New Year's Day falls on a Saturday,the preceding Friday is
a legal holiday. If Christmas Day or New Year's Day falls on a Sunday,the following Monday will be a legal holiday.
H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract.
CMAR shall begin the Work on the date of commencement as defined in this Section and carry the Work forward expeditiously with
adequate forces and shall complete it within the Contact Time.
H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act or —
neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner,or
by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes
beyond the CMAR's control, or by any cause which the Architect determines may justify the delay,then the contract time may be
extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the
CMAR is delayed due to abnormal weather conditions, the Fort Worth Weather Table:provided in these Contract Documents shall
be used as the basis for providing a fair and equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable. —
H-4 WEATHER. The Fort Worth Weather 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 Contractor 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 the contract duration,the contract period will be adjusted by Change Order.
H-5 NO DAMAGE FOR DELAY. Notwithstanding anything to the contrary contained herein,the CMAR shall never be entitled
to any compensation or damages for delay of any nature. In that regard, the CMAR shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra cost to the CMAR is caused by the failure of the Owner to —
provide information or material. If any,which is to be furnished by the Owner. When such extra compensation is claimed a written
statement thereof shall be presented by the CMAR to the Architect and if found to be correct shall be approved and referred by him
to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused
by specific orders given by the Architect or Owner to stop work,or by the performance of extra work,or by the failure of the Owner
to provide material or necessary instructions for carrying on the work, then such delay will entitle the CMAR to an equivalent
extension of time, his application for which shall, however, be subject to the approval of the Owner and no such extension of time
shall release the CMAR or the surety on its performance bond from all his obligations here under which shall remain in full force
until the discharge of the contract.
SECTION I
PAYMENTS AND COMPLETION
1-1 GAURANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price("GMP")as stated in the Contract —
Documents is the maximum amount potentially payable by the Owner to the CMAR for the construction of the Work. The
Contractor will be reimbursed for the actual cost for the construction including burdens up to the amount of the GMP. He will also
be paid a management fee according to the following schedule:
a. 20%of fee upon execution of the CMAR Agreement. .-.
b. 50%of the fee during construction in proportion to the vale a of work completed.
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c. Up to 30% of the fee upon acceptance of work and issuance of Certificate of Occupation. The amount of the fee
authorized for payment will be in proportion to the percentage of contracted MWBE participation realized during the
project.
1-2 SCHEDULE OF VALUES. Before the first Applicable for Payment for construction, the CMAR shall submit to the
Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect,aggregating the
t total expected construction cost or current GMP whichever is less, divided so as to facilitate payments to Subcontractors,prepared
in such form as specified or as the Architect and the CMAR may agree upon, and supported by such data to substantiate its
correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.
This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the CMAR's Applications for Payment.
1-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the CMAR
will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed
during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse, such payments shall be conditioned upon submission by the CMAR of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance and transportation to the site.
CMAR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether
incorporated into the Project or not, will pass to the Owner upon the receipt of such payment by the CMAR , free and clear of all
liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment
covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the
site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person.
CMAR shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment",and attached
thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which
payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must
be attached before the pay request can be accepted.
1-4 CERTIFICATES FOR PAYMENT. If the CMAR has made Application for Payment, 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 Architect to the Owner, based on the Architect's
observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;
that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning
whole upon Substantial Completion,to the results of any subsequent tests required by the Contract Documents,to minor deviations
from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and
recommendations to the Owner that the CMAR be paid in the amount certified. In addition,the Architect's approval of final payment
assures the Owner that the conditions precedent to the CMAR being entitled to final payment as set forth in this Section have been
fulfilled.
After the Architect has issued a Certificate for Payment,the Owner shall approve or disapprove it within ten days after it has been
delivered to the Director of the Property Management Department. For contracts less than $400,000, Owner shall pay 90% of the
approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be
retained by the Owner until Substantial Completion. For contracts in excess of$400,000, the Owner will retain only 5% of each
estimate until Substantial Completion.
No Certificate for Payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner,shall
constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability and
responsibility in respect to any warranties or responsibility for faulty materials or workmanship. CMAR shall promptly remedy any
defects in the Work and pay for any damage to other work resulting there from that shall appear within a period of one year from
the date of final acceptance of the Work unless a longer period is specified.
1-5 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold his
Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The
Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or
subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be
necessary in his opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the CMAR to make payments properly to Subcontractors,or for labor,materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time;or
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7) Unsatisfactory prosecution of the Work by the CMAR.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them,
without payment of interest. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of
interest,if the CMAR fails to perform the Work in accordance with the specifications or instructions of the Architect.
1-6 LIQUIDATED DAMAGES:CMAR and Owner agree that the following Liquidated Damages are reasonable with respect to
the damages that Owner will sustain if the Project is not completed within the Contract Time. The deduction for liquidated damages
shall be as follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less $45
$15,001 to $25,000 $63
$25,001 to $50,000 $105
$50,001 to $100,000 $154
$100,000 to $500,000 $210
$500,001 to$1,000,000 $315
$1,000,001 to$2,000,000 $420
$2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
Over$10,000,000 $980
1-7 FAILURE OF PAYMENT If, without fault on the part of the CMAR, the Architect should fail to issue any Certificate for
Payment within seven days after receipt of the CMAR's Application for Payment, if the CMAR's Application for Payment, or if, —
without fault on the part of the CMAR, the Owner should fail to approve such estimate or to pay to the CMAR 90% or 95% (as
applicable) of the amount thereof within the period of time specified, then the CMAR'.may, upon seven (7)days additional written
notice to the Owner and to the Architect,stop the Work until payment of the amount Ming has been received.
1-8 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 City shall inspect the project with the CMAR and the
contractor will prepare a"Preliminary Punch List".
When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will
prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the CMAR to request a
Certificate of Occupancy which will establish the Date of Substantial Completion. The, Certificate of Substantial Completion shall
state the responsibilities of the Owner and the CMAR for maintenance, heat, utilities, and insurance, shall set forth the remaining
work as a "final punch list". The CMAR shall complete the remaining work listed therein within 30 calendar days. When the
Certificate of Occupancy has been issued,the retainage may be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced !
to 2.5%.
Should the CMAR fail to complete all contractual requirements of the contract, including submittals and final pay request within the
fixed time, the contract time will again commence. Should the CMAR fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify
completion of the final punch list by cosigning it with the CMAR. —
The CMAR shall submit the following items to the City prior to requesting final payment:
1) CMARs Affidavit of Payment of Debts and Claims(G706)stating that all payrolls,bills for materials and equipment, and other
indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid
or otherwise satisfied,
2) Consent of Surety to Final Payment(G707), if any,to final payment,
3) 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 Ow ier.
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 Contractor's Affidavit of Release of Liens,the CMAR may, at the
election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be
asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are
made.The CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or
lien,including all costs and reasonable attorney's fees.
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The CMAR may then request final payment.The acceptance of final payment shall constitute a waiver of all claims by the CMAR
except those previously made in writing and still unsettled.
The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth.
The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding
upon the Owner.
1-9 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. CMAR shall designate a responsible member of its organization
at the site whose duty shall be the prevention of accidents. This person shall be the CMAR's superintendent unless otherwise
designated in writing by the CMAR to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage,injury or loss to:
(1) all employees on the Work and all other persons who may be affected thereby;
(2) all the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care,
custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and
(3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
Until final acceptance of the Work, it shall be under the charge and care of the CMAR, who 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. 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.
_ 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,
CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any
Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
shall be remedied by the CMAR.
The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of
work. Each contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat.
The CMAR shall enforce the wearing of hard hats by CMAR, employees and visitors. CMAR shall provide ten hard hats for use by
the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, CMAR shall act at his discretion to
prevent threatened damage, injury or loss.Any additional compensation or extension of time claimed by the CMAR on account of
emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES. CMAR shall employ safe practices in handling materials and equipment used in performing
required work so as to insure the safety of his workmen, City employees and the public. CMAR shall keep the premise free at all
times from accumulation of waste materials or rubbish, refer to D-23.
J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization
to meet regulatory requirements. If the Proposal requires,the CMAR shall include a per-unit cost for trench safety measures in his
bid. If not included in the Proposal,the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in
his Schedule of Values.
SECTION K-INSURANCE
K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance
required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any
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Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so
obtained and approved.
K-2 Workers'Compensation Insurance:
1) General
a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner(City)a certificate showing that it
has obtained a policy of workers compensation insurance covering each of its employees employed on the project in
compliance with state law. No Notice to Proceed will be issued until the CN1AR has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a
policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any
subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all
such certificates to the Owner(City).
c) By signing this contract or providing or causing to be provided a certificate of coverage,the CMAR is representing to the
City that all employees of the CMAR who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a
self-insured,with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false
or misleading information may subject the CMAR to administrative penalties, criminal penalties, civil penalties or other
civil actions.
d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to
declare the contract void if the CMAR does not remedy the breach within to i days after receipt of notice of breach from
the City.
2) Definitions:
a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by
the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82,TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for they person's or entity's employees providing
services on a project,for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work or the project until the CMAR'syperson'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 contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or
other services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage
vendors,office supply deliveries,and delivery of portable toilets.
3) Requirements
a) The CMAR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the CMAR providing services of the project,for the duration of the project.
b) The CMAR must provide a certificate of coverage to the Architect prior to the execution of the contract.
c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project, the
CMAR must,prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage
has been extended.
d) The CMAR shall obtain from each person providing services on a project,and provide to the City:
i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project;and
ii) no later than seven days after receipt by the CMAR,a new certificate of coverage showing extension of coverage, if
the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The CMAR shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the CMAR knew
or should have known,of any change that materially affects the provision of coverage of any person providing services on
the project.
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 pi ovide services on a project,to:
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CMAR January 2020 �'
i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44)for all of
its employees providing services on the project,for the duration of the project;
ii) provide to the CMAR , prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project;
iii) provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts,and provide to the CMAR:
(1) a certificate of coverage,prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery, within ten(10) days after the person knew or should
have known,of any change that materially affects the provision of coverage of any person providing services on the
project;and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i)-vii), with the
certificates of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage.
a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text
in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text,without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURANCE. CMAR shall procure and maintain during the term of this Contract such Liability Insurance as
shall protect him,Owner and any Subcontractor performing work covered by this Contract,from claims of damage which may arise
from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project,
whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and
the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with
this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
,r exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE.
Unless stated otherwise in the negotiated contract,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 GMP.
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. The City must approve different
sub-limits for these coverages.
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Consequential damage due to faulty workmanship and/or design performed by the CMAR or his agents shall be covered.
Upon completion of the Work,the CMAR shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE. The CMAR shall provide a certificate of insurance documenting the 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 and/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 added as an additional insured,by endorsement,on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by CMAR and its subcontractor(s),if applicable,shall be authorized to do business in the State
of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as
their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating
of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, the City may
accept a less favorable rate.
4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require prior written approval of the
City of Fort Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of .�
cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this
Contract.A 10 day notice for failure to pay premium is acceptable.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. ..
7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.
Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance
requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including
endorsements thereto and,at its discretion,to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. ,..,
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any —
insurance policy or program maintained by the City of Fort Worth.
12) CMAR agrees to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified
herein or the Contractor shall provide such coverage on the Contractor's subcontractors. —
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general
scope of the Contract consisting of additions, deletions or other revisions, the GMII' and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by a written 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 Owner and the Architect, issued after the execution of the Contract,
authorizing a Change in the Work or adjustment in the GMP or the Contract Time. The GMP and the Contract Time may be
changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City,shall be
coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated
and executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might ..
be multiplied by the allowance for contractual overhead and profit
If after the contract has been executed,the Architect, requests a price proposal from the CMAR for a proposed change in scope of
the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.
CMAR is advised that when the cumulative effect of Change Orders results in an increase in GMP by over $25,000, the City
Council must approve all such Change Orders that will exceed this limit. 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 (30) days. Owner,
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Architect and CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize
their impact on the construction schedule.
If the CMAR claims that additional cost or time is involved because of(1) any written interpretation issued pursuant to Section A,
(2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or(3) any
written order for a minor change in the Work,the Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the GMP or an
extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the
event that gave rise to such claim. This notice shall be given by the CMAR before proceeding to execute the Work.No such claim
�. shall be valid unless so made.Any change in the GMP or Contract Time resulting from such claim, if approved by the Owner,shall
be authorized by Change Order.
L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving
an adjustment in the GMP or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents.
Such changes may be effected by Field Order or by other written order.Such changes shall be confirmed in writing by the Architect
and shall be binding on the Owner and the CMAR.
L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents, or which order
minor changes in the Work without change in GMP or Contract Time.The CMAR shall carry out such Field Orders promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be
uncovered for observation and replaced,at the CMAR's expense.
If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered,
the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work is found to be in
accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner. If such work is found not to be in accordance with the Plans and Specifications, the CMAR shall pay such
costs unless it be found that this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the Owner or Architect as defective or
as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not
fabricated, installed or completed. The CMAR shall bear all costs of correcting such rejected Work, including the cost of the
Architect's additional service thereby made necessary.
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not
in accordance with the Contract Documents, the CMAR shall correct it promptly after receipt of a written notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition,describing same specifically
and not generally.The Owner shall give such notice promptly after discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary, and
" the work shall be corrected to comply with the Contract Documents without cost to the Owner.
The CMAR shall bear the cost of making good all work of separate contractors 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
Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the CMAR. If the
CMA does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days'
written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs
that should have been borne by the CMAR including compensation for additional architectural services. If such proceeds of sale do
not cover all costs that the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change
Order shall be issued. If the payments then or thereafter due the CMAR are not sufficient to cover such amount,the CMAR shall
pay the difference to the Owner.
If the CMAR fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G.
The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon him by
special guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non-
conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to
reflect an appropriate reduction in the final payment to the CMAR, or, if the amount is determined after final payment, the CMAR
shall pay Owner the amount of the appropriate reduction.
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SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CMAR. If the work is stopped for a period of 30 days under an order or any court or other public
authority having jurisdiction, through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other
persons performing any of the work under a contract with the CMAR,or if the work should be stopped for a period of 30 days by the
CMAR for the Owner's failure to make payment thereon as provided in Section I,then the CMAR may after the end of such period
of 30 days and upon seven additional days'written notice to the Owner and the Architect,terminate the Contract.
N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the CMAR refuses,except in cases for which
extension of time is provided,to supply enough properly skilled workmen or proper materials,or if he fails to make prompt payment
to Subcontractors or for materials or labor, or fails to comply with all Laws,Statutes,Charter,Ordinances,Regulations or Orders of
any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents,
then the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justify such action, may,
without prejudice to any rights or remedy and after giving the CMAR and his surety, if any,seven(7)days'written notice,terminate
the contract and take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon
owned by the CMAR and may finish the work by whatever method he may deem expedient. In such case the CMAR shall not be
entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additions services, exceed the unpaid balance of the
Contract,the CMAR shall pay the difference to the Owner.
Owner may terminate this contract in whole, or from time to time, in part, whenever s ach 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 recoipt of termination the CMAR shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination.
After termination as above,Owner 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 allocated to the work not completed and further reduced by the amount of payments,if,any otherwise made. CMAR shall
submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the `
event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such
dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City
Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION O
SIGNS
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 C Dntract and shall be included in the GMP.
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 ma Ja available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the CNIAR as to their proper and most efficient
utilization.
P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper,safe operating and sanitary
condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed
from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHEDS.
The CMAR is not required to provide a temporary field office or telephone for projects under$1,000,000. CMAR shall equip the
Project Superintendent with a cellphone and provide 24-hour contacts to the City.
The CMAR shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction
contracts with a price in excess of$1,000,000.00, the CMAR shall provide a separate field office for the City's field representative
(but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office
shall have a lockable door, at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate
perusal of the project drawings. Openings shall have suitable locks. Field offices shall tie 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
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CMAR January 2020
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,
CMAR shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office:
one desk,four chairs, plan rack and a four-drawer filing cabinet(with lock). Each office shall contain not less than 120 square feet
of floor space.
' CMAR shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use.
Location of sheds and trailers shall be as approved by the Architect.Remove sheds when work is completed,or as directed.
P-5 TOILET FACILITIES. CMAR shall provide proper sanitary and adequate toilet facilities for the use of all workmen and
subcontractors employed on the project.
P-6 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required
during the construction. CMAR shall provide and install temporary utility meters during the contract construction period. These
_ meters will be read and the CMAR will be billed on this actual use. The CMAR shall provide all labor and materials required to tap
into the utilities. The CMAR shall make the connections and extend the service lines to the construction area for use of all trades.
Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing
voltages, pressures,frequencies,etc.will be available to the CMAR.
— Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown
on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry
water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide
pumps,tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary, electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding
machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric
— outlets so that 50 foot long extension cords will reach all work requiring light or power.
Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas
and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain
a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot
candies in the vicinity of work and traffic areas.
P-7 HEATING. Heating devices required under this paragraph shall not be electric. CMAR shall provide heat, ventilation,
fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent
— corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such
heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the CMAR shall
provide heat ventilation prior and during the following work operations as follows:
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces
involved to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F.
P-8 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION
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.Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors.
CMAR shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, 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.
CMAR shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground
seepage, rainfall,drainage of broken lines.
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
CMAR shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements,
dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of
the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as
-- specified.
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CMAR January 2020
P-9 PROJECT BULLETIN BOARD. 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 Architect, in a prominent place accessible to
employees of the Contractor and sub-contractors,and to applicants for employment.The bulletin board shall remain the property of
the CMAR and shall be removed by him upon completion of the Contract work.The Following information which will be furnished by
the City to the CMAR, shall be posted on the bulletin board and shall be maintained)by the Contractor in easily readable condition
at all times for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38).
b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE AND JURISDICTION
Should any action arise out of the terms and conditions of this contract, venue for saic action shall lie in the state courts of Tarrant
County,Texas.
END OF GENERAL CONDITIONS
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CMAR January 2020
P-9 PROJECT BULLETIN BOARD. 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 Architect, in a prominent place accessible to
employees of the Contractor and sub-contractors, and to applicants for employment.The bulletin board shall remain the property of
the CMAR and shall be removed by him upon completion of the Contract work.The following information which will be furnished by
the City to the CMAR, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition
at all times for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38).
b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE AND JURISDICTION
Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in the state courts of Tarrant
County,Texas.
SECTION R
MISCELLANIOUS
R-1 IMMIGRATION NATIONALITY ACT:City actively supports the Immigration&Nationality Act(INA)which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment
eligibility of all employees who perform work under this Agreement.Vendor shall complete the Employment Eligibility Verification Form
(1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,
provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement.Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is
not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement.Vendor shall indemnify City from any penalties or liabilities due to violations of this provision.
City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
R-2 No Boycott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than$100,000,this
section does not apply.Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from
the company that it:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott
Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this Agreement,Contractor certifies that Contractor's signature provides written verification to City that Contractor:(1)does
not boycott Israel;and(2)will not boycott Israel during the term of the Agreement.
END OF GENERAL CONDITIONS
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CMAR January 2020
CITY OF FORT WORTH, TEXAS
CMAR CONSTRUCTION CONTRACT (LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
— COUNTY OF TARRANT §
This agreement made and entered into this the 14th day of January A.D., 2020, by and between
_ the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing
under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of
December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said City, hereinafter called OWNER, and HM & MF, Ltd., d/b/a MUCKLEROY & FALLS of
the City of Fort Worth, County of Tarrant, State of Texas, hereinafter called CONTRACTOR.
CONTRACT DOCUMENTS: This Contract, General Conditions, Instructions to Offerors, Como
Community Center Project Proposal Form and Plans and Specifications to be added by the Architect at a
later date are attached hereto and incorporated herein, are made a part of this Contract for all purposes.
In the event of any conflict between the terms and conditions of General Conditions, Instructions to
Offerors, Como Community Center Project Proposal Form and Plans and Specifications and the terms
and conditions set forth in the body of this Contract, the terms and conditions of this Contract shall
control.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
City of Fort Worth
Second Animal Care & Control Facility
TBD (301) Hillshire
Fort Worth, Texas
PM D2017-02
City Project#100609
-. That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort
Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of
this contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten
(10)days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by
the successful bidder hereto attached and made a part hereof. Payment will be made in monthly
installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice
from the Contractor.
The agreed upon estimated construction budget amounts shall be a total of not-to-exceed
$11,716,859.00. These amounts include the City's General Contingency Allowance (7.5%) for use by the
OWNER only and any Allowance remaining at the end of construction will be retained by the OWNER.
The performance periods in calendars for Phase I and calendar days for Phase 11 will be determined when
the Guaranteed Maximum Price is agreed upon for each phase.
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CMAR January 2020
Insurance Requirements:
All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon.
The Contractor shall not commence work under this contract until it has obtained all insurance
required:under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public
liability insurance coverage in the form of a Commercial General Liability insurance policy
to cover bodily injury, including 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.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the
project and commensurate with the contractual obligations specified in the contract
documents.
e. EXCESS LIABILITY UMBRELLA:
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability insurance
required herein. The policy shall follow the form(s)of the underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or by
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CMAR January 2020
anyone directly or indirectly employed by it, against any insurable hazards which may be
encountered in the performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE:
R The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem
acceptable. All insurance requirements made upon the Contractor shall apply to the sub-
contractors, should the Contractor's insurance not cover the subcontractor's work
operations performed in the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers'compensation insurance policy.
_ b. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the
contracted project.
C. Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A:VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000. per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
treatment measures through insurance pools or risk retention groups. The Owner
must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could
give rise to a liability claim or lawsuit or which could result in a property loss.
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�' CMAR January 2020
I. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of Owner, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of
the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and
Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Prices (GMPs)
for Phases I and II are agreed upon, the successful Offeror entering into a contract for the work will be
required to give the City surety in a sum equal to the amount of the contract attributable to each phase.
The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds
furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended.
Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project.
City of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
_ Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which may thereafter become due him, the
liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the
Contractor and his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in four counterparts with its corporat s al attached.
Done in Fort Worth, Texas, this the -[day o
HM&WMd CPFA-4Lf@KLd144;'''A"131l1XfiffiJ'�Y& FALLS APPROVfD:
Limited Partnership by Muckleroy&Falls 9onstructior, CITY OF`FORT WORTH
Co.,a Texas r ord Gene I Pa er
E3y: BY: ®R t-
Si ure iA�lGo�e / � Kevin Gunn L
Title me"FIt"04wT Assistant City Manager ;
APP VAL'R OMMEND D: RE D
Ely. — By.
i Stev Cooke Mary J.Wel
Director, Property Management Dept. City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C C-Number(.pet t a0e61Das7 O1 14/,10
�, Contract Authorization
By: h13 I aq 5-. a�l9-5`gig$33
J n B. Strong
Assistant City Attorney
Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract,including ensuring all performance and reporting requirements.
By: a.
Brian R.Glass,AIA
Architectural Services Manager
Second Animal Care&Control Facility Page 2"T 711
CMAR January 2020°
Bond# 2300717
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, HM & ME Ltd. Dba Muckleroy & Falls ,known as "Principal"herein,
and Westport Insurance Corporation , a corporate
surety(sureties),duly authorized to do business in the State of Texas,known as"Surety"herein(whether
one or more), are held and firmly bound unto the City of Fort Worth- a municipal corporation created
pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of,
Eleven Million Seven Hundred Sixteen Thousand Eight Hundred Fifty-Nine Dollars and no Cents
($11,716,859.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas,
for the payment of which sum well and truly be made, 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 City,awarded the 14th
day of January , 2020, which Contract is hereby referred to and made a part hereof for all purposes
as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by
law, in the prosecution of the Work as provided for in said Contract and designated as CMAR for the
Second Animal Care & Control Facility located at (TBD) 301 Hillshire in Fort Worth, Texas
(Project PMD2017-02) City Project#100609.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal
shall pay all monies owing to any (and all)payment bond beneficiary(as defined in Chapter 2253 of the
Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this
obligation shall be and become null and void; otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of 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.
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 29th day of January 2020.
PRINCIPAL:
HM&MF dba Muckleroy&Falls,LP
,w ATTEST: BY:
Signa
7h- �/G4,Q i7T� VLF �/ 3f7✓L�% .�1,,,.. ,`�,,,
(Principal)Secre
Name and Title
Will Address:
5801 Edwards Ranch Road,Suite 100
Fort Worth,TX 76109 T
HIM&MF,Ltd..d/b/a MUCKLEROY&FALLS,a Texas
Wiafe-s—s as cipal Limited Partnership by Muckleroy&Falls Construction
Co.,a Texas Corporation and General Partner
SURETY:
Westport Insurance Corporation - -
ATTEST: BY: _
Signature
Debra Lee Moon,Attorney-in-Fact
( ) Secretary Name and Title
Address:
1200 Main St,#800
Kansas City,MO 64105
VN6ess as to Surety
Telephone Number: (913)676-5200
*Note: If signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that
this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,
both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.
Bond# 2300717
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, HM & MF, Ltd. Dba Muckleroy & Falls , known as
"Principal" herein and We!1port Insurance Corporation a
corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas,known
as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth_ a
municipal corporation created pursuant to the laws of Texas, known as "City"herein, in the penal sum
of, Eleven Million Seven Hundred Sixteen Thousand Eight Hundred Fifty-Nine Dollars and no
Cents ($11,716,859.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County,
Texas for the payment of which sum well and truly to be made, we bind ourselves, our 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 City awarded the
14th day of January 2020,which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories
w defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said
Contract designated as CMAR for the Second Animal Care & Control Facility located at tTBD)301
Hillshire in Fort Worth,Texas (Project PMD2017-02)City Project# 100609.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform
the Work, including Change Orders, under the Contract, according to the plans, specifications, and
R contract documents therein referred to, and as well during any period of extension of the Contract that
may be granted on the part of the City,then this obligation shall be and become null and void,otherwise
to remain in full force and effect.
PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant
r County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
This bond is made and executed in compliance with the provisions of 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 statue.
IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 29thday of January , 2020.
PRINCIPAL:
HM&MF dba Muckleroy&Falls,LP
BY:
Si glrmtu�
ATTEST: -
(Principal)Secretary Name and Title '
Address: -
5801 Edwards Ranch Road,Suite 100
�— Fort Worth TX 76109
H M&MF Ltd.,dib/a MUCKLEROY&FALLS,e Texas
Limited Partnership by Muckleroy&Falls Construcoon
Witness as to Principal Co.,a Texas Corporation and General Partner
SURETY:
Westport Insurance Corporation
Signature
Debra Lee Moon,Attorney-in-Fact
Name and Title
Address:
1200 Main St,#800
Kansas City,MO 64105
= Witness as to Surety Telephone Number: (913)676-5200
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from its
mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded.
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
_ WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas
City,Missouri,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of
Kansas City,Missouri does hereby make,constitute and appoint:
SAMMY JOE MULLIS,JR,JOHN WILLIAM NEWBY,CHERI LYNN IRBY,MICHAEL L.TULLIS,SANDRA LEE RONEY,DEBRA LEE MOON,ANDREA ROSE CRAWFORD,
MARY JO ZAKRZEWSKI,JAMES B.ROGERS,JR.,TROY RUSSELL KEY,LINDA MICHELLE STALDER,CHRISTOPHER CARL SUNDBERG and JOSHUA D.TRITT JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TWO HUNDRED MILLION($200,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
tam �µtllltllalalelryy4� �;/���i ,/"j
\\\\\\\\L\ALITY����i��� N.q("4m�,
coQ.GpPPOij,�rN.trG,�,� 2:C.OaP�RgitSG By Companyti
SEAL SEAL &Senior Vice President of North American Specialty insurance Company ,n J SEAL
rtrM ?W:Z 1973 &Senior Vice President of Westport Insurance Corporation i
By
111u1111 � Michad A.Its,senior vice President of Washington Internatloaal Insurance Company tO�;
&Sensor Vice President of North American Specially Insurance Company
&Senior Vice President of Westport Insurance Corporation
IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this
this 3rd day of September ,20 19 ,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 3rd day of September 2019 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who
being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OfFlCU1L SEAL 1�
Ii.KENNY '�. C % .V�%r
N,rPuhlic-State nt ItLn<,is _
My Commission Erpues 4 i
,2044or M.Kearny,Notary Pttbll¢``
_ r
I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Com W.�Wa)hltlgton
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true aI_rd frrg9 copy a
Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Companyao WiStport uranCC
Corporation which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 29th day of January 20 20
Jeirtey Goldberg,Vice President&Assistant Secretary of Washington International hvurance Ctti 4dhy&
North American Specialty Insurance Company&vice President&Assistant Secretary of Westport Innmace Corporation
North American Specialty Insurance Company
Washington International Insurance Company
Westport Insurance Corporation
TEXAS CLAIMS INFORMATION
IMPORTANT NOTICE ADVISO IMPORTANTE
In order to obtain information or make a complaint: Para obtener informacion o para someter un queja:
You may contact Jeffrey Goldberg,Vice President Puede comunicarse con Jeffrey Goldberg,Vice
— Claims at 1-800-338-0753 President—Claims,al 1-800-338-0753
You may call Washington International Insurance Usted puede Ilamr al numero de telefono gratis de
Company and/or North American Specialty Insurance Washington International Insurance Company and/or
Company's and/or Westport Insurance Corporation North American Specialty Insurance Company's and/or
toll-free number for information or to make a Westport Insurance Corporation para informacion o
complaint at: para someter una queja al:
1-800-338-07 53 1-800-338-07 53
You may also write to Washington International Usted tambien puede escribir a Washington
Insurance Company and/or North American Specialty International Insurance Company and/or North
Insurance Company and/or Westport Insurance American Specialty Insurance Company and/or
Corporation at the following address: Westport Insurance Corporation al:
1450 American Lane 1450 American Lane
Suite 1100 Suite 1100
Schaumburg,IL 60173 Schaumburg,IL 60173
You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas
to obtain information on companies,coverages, para obtener informacion acerca de companias,
rights or complaints at: coberturas,derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas:
P.O. Box 149104 P.O. Box 149104
Austin,TX 78714-9104 Austin,TX 78714-9104
Fax: (512)475-1771 Fax: (512)475-1771
Web: hen://www.tdi.state.tx.us Web: htto://www.tdi_state.tx.us
Email:ConsumerProtection@tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un
or about a claim you should first contact the reclamo,debe comunicarse con el Washington
Washington International Insurance Company and/or International Insurance Company and/or North
North American Specialty Insurance Company and/or American Specialty Insurance Company and/or
Westport Insurance Corporation. If the dispute is not Westport Insurance Corporation primero. Si no se
resolved,you may contact the Texas Department of resuelve la disputa,puede entonces comunicarse
Insurance. con el Departmento de Seguros de Texas.
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA
This notice is for information only and does not Este aviso es solo para proposito de infromacion y no
r become a part or condition of the attached se converte en parte o condicion del documento
document. adjunto.
CNA
CNA PARAMOUNT
Renewal Effective Date: 08/28/2019
Insured Name:
HM & MF LTD.
5801 EDWARDS RANCH RD STE 100
FORT WORTH, TX 76109-4130
Policy Number: 6050184962 Policy Period: 08/28/2019-08/28/2020
Producer's Information:
HUB INTERNATIONAL INSURANCE SERVICES Producer Code: 030380
421 W 3RD ST SUITE 800
FORT WORTH, TX 76102
(817)820-8100
CNA Branch Number: 040
CNA Branch Name and Address:
DALLAS BRANCH
700 N. PEARL ST. , STE. 300
DALLAS, TX 75201
(214)220-1300
Thank you for choosing CNAI
With your CNA Paramount package policy,you have insurance coverage tailored to meet the needs of your modem
business.The international network of insurance professionals and the financial strength of CNA, rated"A°by A.M.Best,
provide the resources to help you manage the daily risks of your organization so that you may focus on what's most
important to you.
0
Claim Services—There When You Need Us
s Claims are reported through a single point of entry available 24/7,connecting you to the individuals and information to help
s"
you resume your business when you need it most.
To report a claim, please call(877)CNA-ASAP,fax(800)953-7389,email lossreport@cnaasap.com,or visit
www.cna.com/claim.
Risk Control Services—Help Avoid A Claim Before It Occurs
As a CNA policyholder,you have access to certified risk control professionals,risk mitigation programs and online
i= resources to help identify and manage exposures that may disrupt your operation.We collaborate with business leaders to
develop customized programs to assist you in safeguarding your assets and improving the bottom line.
To learn how our award-winning Risk Control services can help your business,please call(866)262-0540,email us at
riskcontrolwebinfo@cna.com or visit www.cna.com/riskcontrol.
When it comes to providing the coverage,service and resources paramount to your business success... we can show
you more.
INSURED
Copyright CNA All Rights Reserved.
CNA CNA PARAMOUNT
Policy Declarations
Policy Number: 6050184962
Renewal of. 6050184962
Policy Name: The Continental Insurance Co.
Issued by: Address: 151 N Franklin
CHICAGO, IL 60606
Producer Code: 030380
Name: HUB INTERNATIONAL INSURANCE SERVICES
Producer's Address: 421 W 3RD ST SUITE 800
Information:
FORT WORTH, TX 76102
1. Named Insured Name: HM & MF LTD.
and mailing
address:
Address: 5801 EDWARDS RANCH RD STE 100
FORT WORTH, TX 76109-4130
2. Coverage The coverage parts attached to and
Pam: forming part of this Policy
Business Property
General Liability
Employee Benefits Liability
3. Policy Period: Effective date
from: to At 12:01 A.M.Standard Time at your
08/28/2019 08/28/2020 mailing address shown above
4. Limits of
Insurance and
Deductibles: See Coverage Part Declarations
5. Premium,
Surcharges, See Coverage Part Declarations for Coverage Part
Taxes and Premium,surcharges,taxes and fees
Fees at Total Premium and applicable taxes,surcharges and fees
Issuance:
CNA62639XX 09-12 Page 1 of 2
Copyright CNA All Rights Reserved.
CNA CNA PARAMOUNT
Changes - Notice of Cancellation or Material
Restriction Endorsement
- This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EMPLOYEE BENEFITS LIABILITY COVERAGE PART
_ LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
- STOP GAP LIABILITY COVERAGE PART
TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART
SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION
SCHEDULE
Number of days notice(other than for nonpayment of premium): 030
Number of days notice for nonpayment of premium: N/A
Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE CANCELLATION
NOTICE WILL NOT BE SENT WHEN THE
REASON IS FOR NONPAYMENT OF PREMIUM
Address: PER SCHEDULE ON FILE
FORT WORTH
TX 76109
If no entry appears above,the number of days notice for nonpayment of premium will be 10 days.
It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy
period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or
s
organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in
the above Schedule.
N
f0
O
O
O
N
N
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA74702XX(1-15) Policy No: 6050184962
Page 1 of 1 Endorsement No: 23
The Continental Insurance Co. Effective Date: 08/28/2019
Insured Name:HM & MF LTD.
Copyright CNA All Rights Reserved.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
+ This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
Injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract,but only with respect to bodily injury or
property damage included in the products-completed operations hazard,and only if:
1. the written contract requires you to provide the additional insured such coverage;and
2. this coverage part provides such coverage.
IL But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10-
01 edition of CG2037;or
B. additional insured coverage with"arising out of language;or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
III. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide
such additional insured with:
N A. coverage broader than required by the written contract;or
0
m
0
B. a higher limit of insurance than required by the written contract.
N
s IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage,or personal and advertising injury arising out of:
A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services,
including:
I. the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions, reports,surveys,
field orders,change orders or drawings and specifications;and
2. supervisory,inspection,architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to
add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX(10-16) Policy No: 6050184962
Page 1 of 2 Endorsement No: 4
The Continental Insurance Co. Effective Date: 08/28/2019
Insured Name:HM & MF LTD.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured;or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above,this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of
the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,
defense,or settlement of the claim;and
3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or
self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However,
if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part,provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy;and
B. was executed prior to:
1. the bodily injury or property damage;or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and
expires concurrently with said Policy.
CNA75079XX(10-16) Policy No: 6050184962
Page 2 of 2 Endorsement No: 4
The Continental Insurance Co. Effective Date: 08/28/2019
Insured Name:HM & MF LTD.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
• Ants
,.. Insured Name Producer Information
HM & MF LTD. HUB INTERNATIONAL INSURANCE SERVICES
5801 EDWARDS RANCH RD STE 100 421 W 3RD ST SUITE 800
FORT WORTH, TX 7 61 09-41 30 FORT WORTH, TX 76102-3758
Policy Number Producer Processing Code
BUA 6050184959 040-030380
Policy Period CNA Branch
08/28/2019 to 08/28/2020 DALLAS
Plaza of the Americas, 700 North Pearl Street
Suite 300
Renewal Dallas, TX 75201
Thank you for choosing CNA!
With your Business Auto Policy, you have insurance coverage tailored to meet the needs of your business.
The international network of insurance professionals and the financial strength of CNA, rated "A" by A.M.
Best, provide the resources to help you manage the daily risks of your organization so that you may focus
on what's most important to you.
Claim Services
To report a loss go to www.cna.com/claim or send an email to lossreport@cnaasay.com, or call
�r 877-CNA-ASAP (877-262-2727)
To find a network provider, go to www.cna.com/claim
To request loss runs send an email to fsrmail@cnacentral.com
For additional questions call CNA Customer Service at (877)-574-0540, or contact your
independent CNA Insurance Agent,
Risk Control Services
To learn more about our award winning Risk Control Services and how to improve your bottom line,
please email us at riskcontrolwebinfo@cna.com, call (866) 262-0540 or visit www.cna.com/riskcontrol.
Commercial Automobile Identification Cards
Evidence of automobile insurance is required and must be produced upon request by law enforcement.
Enclosed you will find your Automobile Insurance Identification Cards for each insured auto. The applicable
Card must be carried in the insured auto at all times. If you are not the person directly responsible for
having these Automobile Identification Cards displayed in each vehicle, please direct these cards to the
appropriate person within your organization. The information displayed on the individual card(s) and the
quantity supplied is based on the vehicle information provided by your independent CNA Insurance Agent.
0 Copyright CNA All Rights Reserved.
CNA Business Auto Policy
Policy Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
a A. Who Is An Insured
The following is added to Section 11, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the
' date of inception of this Coverage Form; provided that,
b. The insurance afforded by this provision A.1. does not apply to any such entity that is an
insured under any other liability "policy" providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or
joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy
period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier.
b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or
formed the organization; or
(2) Any such organization that is an insured under any other liability "policy" providing auto
coverage.
3. Any person or organization that you are required by a written contract to name as an additional
insured is an insured but only with respect to their legal liability for acts or omissions of a person,
who qualifies as an insured under SECTION 11 — WHO IS AN INSURED and for whom Liability
Coverage is afforded under this policy. If required by written contract, this insurance will be primary
and non-contributory to insurance on which the additional insured is a Named Insured.
.. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or
agreement in that employee's name, with your permission, while performing duties related to the
conduct of your business.
"Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on
the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section 11, Paragraphs A.2. (2) and A.2. (4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and
2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day.
Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019
Endorsement No: 11;Page: 1 of 4 Policy Page: 59 of 84
Underwriting Company:The Continental Insurance Company, 151 N Franklin St, Chicago,IL 60606
®Copyright CNA All Rights Reserved. Includes copyrighted material of the
' Insurance Services Office,Inc.,used with its permission.
CNA Business Auto Policy
Policy Endorsement
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision C. is excess over any other collectible insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles
The following is added to Section III, Paragraph A.3.:
With respect to any covered auto, any deductible shown in the Declarations will not apply to glass
breakage if such glass is repaired, in a manner acceptable to us, rather than replaced.
B. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to
provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to
provide:
r a. $1,000 maximum, in lieu of $600.
D. Hired "Autos"
- The following is added to Section Ill. Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired
` Autos, then Physical Damage coverage is extended to:
a. Any covered auto you lease, hire, rent or borrow without a driver; and
b. Any covered auto hired or rented by your employee without a driver, under a contract in that
individual employee's name, with your permission, while performing duties related to the
conduct of your business.
c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost
—' of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto.
No deductible applies to loss caused by fire or lightning.
d. The physical damage coverage as is provided by this provision is equal to the physical damage
coverage(s) provided on your owned autos.
e. Such physical damage coverage for hired autos will:
(1) Include loss of use, provided it is the consequence of an accident for which the Named
Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing
or rental concern.
(2) Such coverage as is provided by this provision will be subject to a limit of $750 per
accident.
E. Airbag Coverage
The following is added to Section III, Paragraph B.3.:
The accidental discharge of an airbag shall not be considered mechanical breakdown.
Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019
= Endorsement No: 11:Page:2 of 4 Policy Page: 60 of 84
Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606
®Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
DNA Business Auto Policy
Policy Endorsement
F. Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following:
c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed
electronic equipment including its antennas and other accessories
d. A $100 per occurrence deductible applies to the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III, Paragraph B.6.:
Subject to the following, the diminution in value exclusion does not apply to:
a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver
for a period of 30 days or less, while performing duties related to the conduct of your business;
and
b. Any covered auto of the private passenger type hired or rented by your employee without a
driver for a period of 30 days or less, under a contract in that individual employee's name, with
your permission, while performing duties related to the conduct of your business.
c. Such coverage as is provided by this provision is limited to a diminution in value loss arising
directly out of accidental damage and not as a result of the failure to make repairs; faulty or
incomplete maintenance or repairs; or the installation of substandard parts.
d. The most we will pay for loss to a covered auto in any one accident is the lesser of:
(1) $5,000; or
(2) 20% of the auto's actual cash value (ACV).
III. Drive Other Car Coverage — Executive Officers
The following is added to Sections II and Ill:
1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by,
and for Physical Damage Coverage while in the care, custody or control of, any of your "executive
officers", except:
a. An auto owned by that "executive officer" or a member of that person's household; or
b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing
or parking autos.
Such Liability and/or Physical Damage Coverage as is afforded by this provision.
(1) Equal to the greatest of those coverages afforded any covered auto; and
(2) Excess over any other collectible insurance.
2. For purposes of this provision, "executive officer" means a person holding any of the officer positions
created by your charter, constitution, by-laws or any other similar governing document, and, while a
resident of the same household, includes that person's spouse.
Such "executive officers" are insureds while using a covered auto described in this provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit Or Loss
The following is added to Section IV, Paragraph A.2.a.:
Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019
Endorsement No: 1 1;Page:3 of 4 Policy Page: 61 of 84
Underwriting Company:The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606
®Copyright CNA All Rights Reserved.Includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
m
CNA Business Auto Policy
Policy Endorsement
(4) Your employees may know of an accident or loss. This will not mean that you have such
knowledge, unless such accident or loss is known to you or if you are not an individual, to any
of your executive officers or partners or your insurance manager.
The following is added to Section IV, Paragraph A.2.b.:
(6) Your employees may know of documents received concerning a claim or suit. This will not mean
that you have such knowledge, unless receipt of such documents is known to you or if you are
not an individual, to any of your executive officers or partners or your insurance manager.
B. Transfer Of Rights Of Recovery Against Others To Us
The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To
Us:
We waive any right of recovery we may have, because of payments we make for injury or damage,
against any person or organization for whom or which you are required by written contract or
agreement to obtain this waiver from us.
This injury or damage must arise out of your activities under a contract with that person or
organization.
You must agree to that requirement prior to an accident or loss.
C. Concealment, Misrepresentation or Fraud
The following is added to Section IV, Paragraph B.2.:
Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded provided such failure or omission is not intentional.
D. Other Insurance
The following is added to Section IV, Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy
shall be on a primary non-contributory basis. This provision is applicable only when required by a
written contract.
That written contract must have been entered into prior to Accident or Loss.
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised to provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
Section V. paragraph C. is deleted and replaced by the following:
Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish,
mental injury or death resulting from any of these.
Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959
Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019
Endorsement No: 11;Page:4 of 4 Policy Page: 62 of 84
Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606
®Copyright CNA All Rights Reserved. Includes copyrighted material of the
Insurance Services Office,Inc.,used with its permission.
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406,096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on City Project, CMAR
for Second Animal Care & Control Facility Located at (TBD) 301 Hillshire in Fort Worth, Texas
(Proiect PMD2017-02) City Proiect # 100609. Contractor further certifies that, pursuant to Texas
Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of
compliance with worker's compensation coverage.
CONTRACTOR:
By: �i9'T Alner
Company (Please Print
s8�/ EUu� s /�eN AP S��/bv Signature:
*■ Address HM&W,,Ltd.,d/b/a MUCKLEROY&FALLS,a Texas
/ Limited,4artnership by Muckleroy&Falls Construction
Title: (' • as Corporation and General Partner
M" City/State/Zip (Please Print)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
BEFORE ivlE,the undersigned authority,on this day personally appeared
known to me
to be the person whose name is subscribed to the fZ4('V9,6
oing i irument, and acknowledged to me that
�. he/she executed the same as the act and deed of —l—
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this i` day of V , 2020.
Gf(j
Notary Public in and for the State of Texas
BETH AWN
� Notary Public,state of Texas
'v= Comm. Expires 05-28-2022
o
�
Fs1.` Notary ID 3494766
//
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4'-0„
2'—0» 16 2,_0"
CENTERLINE OF
SIGN, LOGO &
TEXT INFORMATION
=4 FURA" ASI A
r-
I
r-
Project Title
0
Architect:
Architect's Name
-� Contractor:
Contractor's Name
Cq- FUNDED BY
(List Bond Fund,etc.)
SCHEDULED COMPLETION DATE
YEAR
SIGN COLOR & FONT:
BACKGROUND - WHITE
BORDER - 5116"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE)
TEXT - HELVETICA or ARIAL, PMS 288 (BLUE)
FORT WORTH LOGO COLORS & FONT:
FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD
LONGHORN LOGO - PMS 725 (BROWN)
PROJECT DESIGNATION SIGN
u
MUCKLEROY& FALLS
City of Fort Worth North Animal Care and Adoption Facility
Estimate Clarifications:
November 21, 2019
This Agreement is based on the Documents Issued by PGAL dated October 3, 2019. In addition to
the items below, our proposal includes our interpretation of the above-mentioned documents.
The following Clarifications which are offered in support of, or indicate exceptions to the
following documents. In the event of any contradictions between the contract documents and
clarifications contained herein, the clarifications shall govern.
Division 2: Existing Conditions
- 1. Contractor shall be indemnified from claims resulting from the pre-existence of any hazardous
materials. Contractor shall not be required to perform any abatement or remediation work.
Division 3: Concrete
1. Concrete slab and elevated floors will be utilized during the project for construction of
subsequent activities and it is understood that normal deterioration should be anticipated. No
costs have been included to install protection and/or repair with the exception of minor surface
patching and topping materials as specified.
2. Proposal does not include casing of piers. If piers are required to be cased, M&F will evaluate
additional cost and schedule implications.
3. Proposal includes a 5'6"tall concrete wall at the perimeter of the kennel buildings.
4. Proposal includes a CIP concrete monument wall; no structural details were given therefore it
was bid per architectural details and assumptions. No special finish, stamp, stain, color, etc. is
included for the monument sign wall.
5. All testing is to be provided by owner, including all material testing and inspections.
Division 4: Masonry
1. Proposal does not include any masonry scope beyond site retaining walls.
Division 5: Metals
1. Proposal does not include AISC certified fabricator or erector.
2. Proposal does not include any galvanization of metal building structures.
Division 6: Woods & Plastics
1. Proposal assumes all stainless-steel cabinetry and furniture are to be HE provided by Owner.
2. Proposal includes solid surface windowsill at Surgery B111 window only.
Division 7: Thermal and Moisture Protection
u
MUCKLEROY& PALLS
City of Fort Worth North Animal Care and Adoption Facility
Estimate Clarifications:
November 21, 2019
1. Proposal excludes ABAA certified installers and quality assurance program.
2. All testing and 3rd party commissioning to be provided by owner, including all material testing
and inspections and field testing for water leakage.
Division 8: Glass & Doors
1. Proposal excludes NFRC labeling compliance per 084413-2.1-I.
2. Proposal includes all storefront material to be clear anodized aluminum.
3. Proposal assumes wood doors are to be one of the manufacturer's standard colors/patterns.
4. All FRP doors and frames are included with standard gloss finishes by Corrim.
5. Proposal includes up to 2 AAMA 501.2 water spray-test locations for the entirety of the project.
Division 9: Finishes
1. Proposal assumes APC-1 in adoption center lobby and throughout the kennel buildings to be
tectum panels.
2. It is unknown if moisture mitigation for flooring adhesives will be required until field test are
taken once ready for floor installation. If field conditions don't meet test requirements, M&F
will evaluate mitigation options at an additional cost to the owner.
Division 10: Specialties
1. Proposal excludes directories and bulletin boards.
2. Proposal includes corner guards and wall protection.
Division 11: Equipment
1. Proposal assumes all appliances and vending equipment are to be by Owner.
2. Proposal does not include any 111200 Parking Control Equipment as none are indicated on
plans.
Division 12: Furnishings
— 1. All furniture, furnishings and window treatments are excluded from this proposal.
2. Laundry equipment
3. Proposal assumes all site furnishings to be provided by Owner.
v 4. Proposal assumes all carts, shelving, safes, trash receptacles, tables, chairs, benches are to be
provided by owner.
5. Proposal assumes all 03 Communications equipment is to be provided by owner.
6. Proposal assumes all scales and medical equipment are to be provided by owner.
7. Proposal excludes x-ray equipment.
u
MUCKLEROY& PALLS
City of Fort Worth North Animal Care and Adoption Facility
Estimate Clarifications:
November 21, 2019
8. Proposal assumes all animal housing and bedding equipment and furnishings are to be
provided by owner.
Division 14: Conveying Systems
1. Proposal does not include any access control at elevator.
2. Proposal assumes pit depth may be adjusted to allow for various elevator manufacturers.
Division 21: Fire Protection
1. Proposal excludes any fire sprinkler or protection systems.
Division 23: HVAC & Plumbing
1. Proposal does not include any taps, meters, or fees.
2. Specified hoods do not include any fire protection or ansul systems, none are included.
3. Proposal includes certified third-party test and balance.
4. Proposal includes an allowance of$9,000 for Scavenger system.
5. Proposal excludes antimicrobial coating for ductwork.
6. Proposal includes temporary rental only of proposed propane tank.
7. Pricing for additional scope in order to receive LEED credits is excluded.
Division 26: Electrical
1. Proposal does not include provisions for burying of overhead electrical lines.
2. Proposal does not include telecommunications or security systems.
3. Proposal includes Fire Alarm system to meet city code minimum only.
4. Proposal does not include any high voltage gear or wiring systems above 600 volts.
5. Proposal does not include any charges associated with the Utility Company.
6. Proposal does not include a lightning protection system.
.� 7. Proposal does not include any DAS or ERRC systems.
8. Lighting control schedule E4.02 was not issued. Proposal includes motion sensors to meet
current IECC requirements.
9. Proposal assumes the utilization of aluminum secondary feeders.
10. Emergency lighting was not specified per General Note 3. Proposal includes wall mounted
battery back up light fixtures type EM to provide required egress lighting upon power failure.
11. Pricing for additional scope in order to receive LEED credits is excluded.
Division 28: Electronic Safety& Security
1. All work associated with this division is excluded.
u
MUCKLEROY LEI FALLS
City of Fort Worth North Animal Care and Adoption Facility
Estimate Clarifications:
November 21, 2019
Division 31: Earthwork
1. Building pad prep is limited to excavating down to allow for a slab on void.
2. Proposal excludes any hazardous material abatement and removal.
3. Proposal excludes rock excavation.
4. All testing and to be provided by owner, including all material testing and inspections.
Division 32: Exterior Improvements
1. Proposal does not include the perimeter site fence, as shown on A1.00. cost associated with
this scope is included as an alternate.
2. Proposal includes all fencing to be manufactured by Jamieson Fencing Company.
3. Proposal includes NDS EZ Roll at the fire lane between buildings only.
4. Proposal does not include any coyote rollers, as exact locations were not found in the permit
drawings. If this is desired it will be an add of$30/LF to the base bid.
5. Proposal assumes that all site furnishings, table and chairs, trash receptacles, etc., are to be
furnished and installed by owner.
6. Proposal assumes that re-spread of existing topsoil for all landscape areas is acceptable.
Import of any topsoil's in these areas is excluded.
7. Proposal includes Rock and Mortar retaining walls.
8. Proposal does not include a security gate or any barrier arms.
9. Proposal includes code required minimum landscaping items only. Full landscape design is
proposed as an add alternate.
Division 33: Site Utilities
1. Proposal does not include tap, impact, or meter fees.
2. Proposal does not include any Atmos approved contractors to do the underground gas lines
from the propane tank.
Unit Rates:
Item: Unit Rate:
18" PIER ADD $50/LF
18" PIER DEDUCT $51F
18" PIER CASING ADD $55/LF
24" PIER ADD $71.50/LF
24" PIER DEDUCT $7/LF
24" PIER CASING ADD $63/LF
COYOTE ROLLER ADD $30/LF
MOISTURE VAPOR EMISSION CONTROL SYSTEM $1.30/SF
End of Permit Set 10/03/2019 Estimate Clarifications