HomeMy WebLinkAboutContract 54396CSC No. 54396
AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK
PRE -CONSTRUCTION AND CONSTRUCTION SERVICES
for
NORTH PARK IMPROVEMENTS
CITY OF FORT WORTH PROJECT NO. 101766
THIS AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK SERVICES which
INCLUDES SECTIONS FOR PRE -CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between
the City of Fort Worth, a Texas municipality, ("City") and Dean Electric, Inc. dba Dean
Construction, a legal entity existing under the laws of the State of Texas, ("CMAR"). City and
CMAR may be referred to herein as a "Party" or the "Parties".
WHEREAS, City desires to procure Construction Manager -At -Risk services from CMAR, which
consist of Pre -Construction Phase Services and Construction Phase Services, and CMAR,
selected by City through a competitive procurement process, possesses broad experience,
knowledge and technical resources to provide such services related to the design, permitting,
construction and construction management for North Park Improvements, Project No. 101766
(the "Project"); and
WHEREAS, City has engaged the services of Dunaway Associates, L.P. ("Design Engineer"), to
prepare the design of the Project; and
WHEREAS, CMAR was selected by City through a competitive procurement process and
possesses the experience, knowledge and technical resources to provide such services related
to the constructability review, permitting, construction and construction management of the
Project; and
WHEREAS, CMAR is willing and able to undertake and provide the services and to be
responsible for the overall completion of the Project, as described on Attachment A, within a
project budget of $3,900,000.00, upon the terms, covenants, recitals, and conditions hereinafter
set forth; and
WHEREAS, CMAR agrees to provide Pre -Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated the 28t"
day of May, 2020, attached hereto as Attachment B; and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary contractors to which CMAR awards contracts and subcontractors(s),
the City's Standard General Conditions for a CMAR Agreement ("General Conditions"), attached
hereto as Attachment C; and
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized/defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's
scope.
City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766 CITY SECRETARY
Page 1 of 10
FT. WORTH, TX
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and the covenants and promises to be carried out by each
Party, the City and CMAR hereby agree to perform the services described herein upon the
terms and conditions set forth herein and any Attachments and Exhibits hereto, which are
hereby incorporated.
ARTICLE 1 — SERVICES
A. CMAR agrees to furnish all Pre -construction Phase Services, as described in
Attachments A and B.
B. The Pre -Construction Phase Services shall commence within 7 calendar days after
receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and
terminate upon conclusion of Guaranteed Maximum Price negotiations. CMAR may initiate
early works packages in advance of the Construction Phase, such as for preliminary site
grading, utility relocations or procuring long -lead materials prior to final development of the
GMP. Costs of early works packages shall be included in the GMP.
C. The Construction Phase Services shall commence within 7 calendar days after receipt of
an authorization in the form of a Notice to Proceed from the City to CMAR. CMAR agrees to
furnish all Construction Phase Services, as described in Attachments A and B, for the
amount of the GMP, as hereinafter described, abiding by this Agreement and its
Amendments and Attachments, to also include the Construction Documents created to
effect the Work on the Project.
CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time, subject to Article 6 — Project Time and Liquidated
Damages.
2. CMAR shall perform all Work in accordance with the requirements of the
Construction Documents. CMAR shall at all times exercise complete and exclusive
control over the construction means, methods, sequences, and techniques. CMAR
shall provide all necessary construction labor, materials, tools, equipment, as well as
all construction supervision, inspection, and temporary utilities as required to
complete the Work pursuant to the Construction Documents. CMAR shall be
responsible for the proper performance of the work, including all work performed by
its subcontractors, and any acts and omissions in connection with such performance.
D. CMAR shall be responsible for obtaining and paying for any necessary temporary
construction easements or permission from adjacent landowners to allow CMAR to perform
the Work. CMAR shall present documentation of temporary construction easements or other
permissions at the time the GMP is submitted to City.
E. CMAR warrants to City that all materials and equipment furnished under this Agreement
will be new, unless otherwise specified. The CMAR also warrants to City that all materials
and equipment furnished under this Agreement will be in conformance with the Construction
Documents.
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 2 of 10
ARTICLE 2 — COMPENSATION
A. The City shall compensate CMAR for providing the Pre -Construction Phase Services in
the amount of Twenty-five Thousand Dollars ($25,000.00) ("Pre -Construction Phase Cost").
B. Subject to City Council approval, the City shall compensate CMAR for providing the
Construction Phase Services in the amount of Two and One -Half Percent (2.5%) of the Cost
of Work ("Construction Phase Fee").
C. Notwithstanding Article 1, Paragraph C. or Paragraph B. of this Article, City may, by
giving written notice at any time before the end of the Pre -Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City's reasonable estimation, exceeds or would exceed the City's estimated
Construction Budget. In such event, CMAR shall be paid for Work performed up to the date
of termination in accordance with this Agreement.
D. Any unspent CMAR Contingency shall be shared on a To -Be -Determined basis between
CMAR and City.
E. Savings — In the event the final Cost of Work, inclusive of the Construction Phase Fee, is
less than the GMP, as may be adjusted by Change Orders, the To -Be -Determined % of the
resulting savings will be paid to the CMAR as a performance incentive.
F. Schedule Incentives to promote performance results by contractors may be established
by CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an allowance amount, which will be a part of the GMP, to be used for schedule
incentives. Any of these funds which remain unspent shall be returned to City.
ARTICLE 3 — PAYMENT
Payment by City to CMAR is to be made as follows:
A. CMAR shall submit monthly an Application for Payment for Pre -Construction Phase
Services describing the work performed during the preceding month. The City shall make
payment pursuant to Paragraph 14.02 of the General Conditions.
B. CMAR shall submit monthly an Application for Payment for Construction Phase Services
describing the Work performed during the preceding month. The City shall make payment
pursuant to Paragraph 14.02 of the General Conditions, less 5% withheld as retainage per
pay application, except that no retainage shall be held on CMAR's Construction Services
Fee or General Conditions Costs (a/k/a Costs of the Work as defined in the General
Conditions). CMAR's Construction Services Fee and General Conditions costs shall each be
shown as a line item in the Application for Payment.
ARTICLE 4 — GUARANTEED MAXIMUM PRICE
A. The Guaranteed Maximum Price proposal for Construction of the Project shall be
presented to the City no later than 30 days after receipt by CMAR of approved 90%
plans or as otherwise mutually agreed.
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 3 of 10
B. Elements to be considered in the GMP include but are not limited to:
a. Hard Costs (estimated or actually obtained by bid)
1) General Conditions Costs, see Section 11.01 of the General Conditions
2) Cost of Work (estimated or formally procured) (Open Book)
3) Other Fees as may be presented in Attachments A or B
b. CMAR's Construction Phase Fee
c. Contingencies and Allowances
1. CMAR Contingency
2. City's Allowance
C. After submission of the GMP proposal, CMAR and City shall meet to discuss and review
the Design Documents and the GMP Proposal in an effort to negotiate a final GMP.
D. When established and accepted by City in writing, the GMP shall be memorialized and
incorporated as an amendment to this Agreement.
E. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the
Project may proceed or to affect a termination.
ARTICLE 5 — CHANGES IN THE WORK
The City, during either phase of services and without invalidating this Agreement, may order
changes in the design of the Project and/or the Work consisting of additions, deletions or
other revisions issued in the form of a Field Order or, where necessary, a Change Order to
adjust the GMP and the Contract Time.
ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A except as modified by
CMAR in Attachment B and memorialized in the Project Schedule when developed by
CMAR and presented to City. CMAR will perform the required services in a timely manner
and comply with the Project Schedule and any minor adjustments as reasonably requested
by City. Major changes to the Project Schedule may be negotiated and memorialized by a
Change Order. Unless delayed, as defined in the General Conditions, CMAR shall achieve
Final Acceptance of the Work, including all punch list items, within sixty (60) days from the
date of Substantial Completion.
CMAR recognizes that time is of the essence to this Agreement and that City will suffer
financial loss if the Work is not completed within the Project Time plus any mutually agreed
extension thereof. The CMAR recognizes the delays, expense, and difficulties involved in
proving in a legal proceeding the actual loss suffered by the City if the Work is not
completed on time and, instead of requiring any such proof, CMAR agrees that Liquidated
Damages, not as a penalty but as just compensation, shall be One Thousand Dollars
($1,000.00) for each day that expires after the expiration of the Project Time until such time
as Substantial Completion of the entire Project is issued by the City in writing.
ARTICLE 7 — MBE/SBE
The CMAR must meet, and hereby commits to meet, an SBE participation goal of Zero
Percent (0%) for the Pre -Construction Phase Services for this Project. CMAR must meet,
and hereby commits to meet, the MBE goal of Fourteen Percent (14%) during construction
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 4 of 10
phase services to meet a minimum qualification for self -performing any or all of the
construction phase services.
ARTICLE 8 - GENERAL TERMS
A. PROFESSIONAL STANDARDS. The standard of care for all design professional
services performed under this Agreement shall be the care and skill ordinarily used by
members of the architectural and engineering professions practicing under similar conditions
at the same time and locality as the Project. The CMAR shall be responsible for the
professional and technical soundness, accuracy, and adequacy of all consultation, cost
estimating, pre -construction, construction and other services and materials furnished under
this Agreement.
B. MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in
providing to each other information available, and in facilitating the Work within the scope of
this Agreement. City shall, throughout the performance of the Construction Work, cooperate
with CMAR and perform its responsibilities, obligations and services in a timely manner so
as not to delay or interfere with CMAR'S timely and efficient performance of its obligations
under the Contract Documents. The City shall cooperate and provide reasonable assistance
to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's
responsibility to obtain.
C. GENERAL CONDITIONS. Attachment C contains the City's General Conditions
applicable to this Project. CMAR is expected to have reviewed and hereby agrees to comply
with said General Conditions, including providing a copy to any contractors or
subcontractors, as applicable.
D. PROJECT PROGRESS. CMAR's services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
E. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written
consent of the City. CMAR may enter into subcontracts with respect to the services required
by this Agreement but shall remain fully responsible to the City in connection therewith.
Nothing herein shall be construed as creating any personal liability on the part of any officer
or agent of City.
F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perform the services under this Agreement. Such
personnel are not employees of, nor have any contractual relationship with the City. CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is solely and exclusively for the benefit of the City and CMAR and not for the
benefit of any third party. The City and CMAR agree that there are no third -party
beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 5 of 10
the other party to the Agreement and are not intended to create any rights, contractual or
otherwise, to any other person or entity. The doctrine of respondeat superior shall not apply.
H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs,
drawings, specifications, documents, and other work products of the CMAR whether in hard
copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by City or by others acting through or on
behalf of City of any such instruments of service without the written permission of the CMAR
will be at the City's sole risk. The City shall own the final, printed designs, drawings,
specifications and documents. Transfer of ownership of the contract documents does not
constitute sale of the documents.
I. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force
insurance as described in Article 5 of the General Conditions.
J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section
C of this Agreement or as otherwise provided by the General Conditions.
K. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of
CMAR's experience and qualifications and represent CMAR's best judgment as a qualified
professional familiar with the industry.
L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ AND UNDERSTANDS
THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M. SURETY BONDS. The CMAR shall furnish the required performance, payment and
maintenance bonds as described in Article 5 of the General Conditions.
N. CITY NON -APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City's fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost.
P. NO CAUSE OF ACTION AGAINST ENGINEER. CMAR, its subcontractors and
equipment and materials suppliers on the Project or their sureties, shall maintain no direct
action against the Engineer, its officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the engineering services performed. Only the City
will be the beneficiary of any undertaking by the Engineer. The presence or duties of the
Engineer's personnel at a construction site, whether as on -site representatives or otherwise,
do not make the Engineer or its personnel in any way responsible for those duties that
belong to the City and/or the City's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations, duties, and
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 6 of 10
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The Engineer and its personnel have no
authority to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions.
ARTICLE 9 — THE CITY'S RESPONSIBILITIES
The City shall:
A. Designate a Project Representative to act as its representative with respect to the
services to be rendered under this Agreement for Pre -Construction Services. Such
Project Representative will have complete authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to CMAR's
services.
B. Provide timely reviews of studies, reports, sketches, estimates, and other documents
presented by CMAR consistent with City's normal business practices.
C. Secure and execute all necessary permanent easements and agreements with adjacent
land or property owners that are necessary for the Project. City is further responsible for
all costs, including attorneys' fees, incurred in securing these necessary permanent
easements and agreements. City is responsible for securing all zoning approvals
required for the Project for the construction to proceed without delay.
ARTICLE 10 — AMENDMENTS
This Agreement may only be amended in writing, agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and
CMAR with respect to the subject matter of this Agreement and supersedes all prior
understandings, negotiations, representations or agreements, either written or oral contracts
between City and CMAR respecting this Project. This Agreement will be binding upon and
inure to the benefit of City and CMAR and their respective successors and assigns.
ARTICLE 12 — GOVERNING LAW & JURISDICTION
Except as provided for in the General Conditions, Paragraph 6.08, arbitration will not be
allowed on this Project. The performance of the work and terms of the Agreement shall be
construed and interpreted under, and all respective rights and duties of the parties shall be
governed by, the laws of the State of Texas, without regard to its conflict of law provisions.
Performance shall be specifically governed by Subchapter F, Texas Government Code
2269.251 et seq. CMAR hereby submits to the jurisdiction of the Texas courts and will
obtain and maintain an agent for service of process in the State of Texas. Neither party will
bring any action against the other party arising out of or relating to this Agreement in any
forum or venue except in Tarrant County, Texas, or the United States District Court for the
Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any present or
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 7 of 10
future objections to such legal action and irrevocably waives the right to bring any legal
action in any other jurisdiction.
ARTICLE 13 — SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to
be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations
contained in the valid covenants, conditions or provisions of this agreement.
ARTICLE 14 — WAIVER
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
ARTICLE 15 — CONFLICT IN TERMS
In the event there is a conflict between the terms of this Agreement, and any other Contract
Document, the terms of this Agreement shall control over the other Contract Documents.
ARTICLE 16 - HEADINGS
The headings in this Agreement are inserted for reference only, and shall not define or limit
the provisions hereof.
ARTICLE 17 - NOTICE
All notices required herein shall be addressed to City as follows:
Richard Zavala, Director
Park & Recreation Department
200 Texas Street
Fort Worth, Texas 76102
817-392-5711
Richard.Zavala@fortworthtexas.gov
All notices to CMAR shall be addressed as follows:
Greg Firebaugh, CEO/President
Dean Electric, Inc. dba Dean Construction
701 Hall Street
Cedar Hill, Texas 75104
972-291-7153
greg@dean-construction.com
City of Fort Worth, Texas
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Page 8 of 10
ARTICLE 18 — PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, if CMAR has 10 or more full time -employees and the contract
value is $100,000 or more, the City is prohibited from entering into a contract with a
company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this contract,
CMAR certifies that CMAR's representative's signature provides written verification to
the City that if Chapter 2270, Texas Government Code applies, CMAR: (1) does not
boycott Israel; and (2) will not boycott Israel during the term of the contract.
ARTICLE 19 — IMMIGRATION NATIONALITY ACT
CMAR shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, CMAR shall provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. CMAR shall adhere to all Federal and State laws as well as establish
appropriate procedures and controls so that no services will be performed by any CMAR
employee who is not legally eligible to perform such services. CMAR SHALL INDEMNIFY
CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CMAR, CMAR's EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CMAR, shall
have the right to immediately terminate this Agreement for violations of this provision by
CMAR.
ARTICLE 19 — AUTHORITY TO SIGN
CMAR shall attach evidence of authority to sign Agreement if signed by someone other than
the duly authorized signatory of the CMAR.
ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the
date subscribed by the City's designated Assistant City Manager ("Effective Date").
By:
CMAR
Dean Electric, Inc. dba Dean Construction
Greg Wreb Ah(Aug 26, 202016:10 CDT)
Greg Firebuagh
(Signatory's Printed Name)
President
(Signatory's Printed Title)
Date: Aug 26, 2020
By:
CITY
City of Fort Worth, Texas
14f1 gow
Valerie Washington (Sep 1, 2020 22:40 CDT)
Valerie Washington
Assistant City Manager
Date: Sep 1, 2020
City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766 CITY SECRETARY
Page 9 of 10
FT. WORTH, TX
Approval Recommended By:
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Richard Zavala (Aug 31, 2020 08:56 CDT)
Richard Zavala, Director
Park & Recreation Department
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Approved as to Form and Legality By:
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Mack (Sep 1, 2020 17:33 CDT)
Douglas W. Black
Senior 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.
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Dwight aylor (Aug 2 , 202016:16 CDT)
Dwight Taylor, Project Manager
Park & Recreation Department
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Mary J. Keyser
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City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements -CFW Project No. 101766 Page 10 of 10 CITY SECRETARY
FT. WORTH, TX
ATTACHMENT A
CITY'S REQUEST FOR PROPOSALS
City's Request for Proposals for Construction Manager at Risk Pre -Construction and
Construction Phase Services for North Park Improvements (April 30, 2020)
a 50-page document, is attached following this page.
Attachment A — City's Request for Proposals (04-30-20)
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Cover Page
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK
Preconstruction and Construction Phase Services for
North Park Improvements
City Project No. 101766
FORTWORTH.
City of Fort Worth
Betsy Price David Cooke
Mayor City Manager
Richard Zavala
Director, Park & Recreation Department
2020
Page 1 of 2
Table of Contents
Section 1. Definitions and Documents..........................................................................3
Section 2. Description of Project..................................................................................
5
Section 3. Business Diversity........................................................................................6
Section4. CMAR Services.............................................................................................7
Section 5. Procedural Requirements Request for Proposals..................................10
Section 6. Content of Proposal and Evaluation Criteria........................................12
Section 7. Award and Execution of Contract............................................................17
Section 8. Bonds and Insurance
18
Section 9. Inspection and Construction Material Testing.......................................18
Section 10. Proposed Schedule......................................................................................18
Exhibits and Attachments:
Map I — Location Map
Map 2 — Preliminary Plan Layout of Project
Exhibit A — Proposal Transmittal Letter (and corporate verification
of
authority)
Exhibit B — Statement of Experience
Exhibit C — Proposed Project Key Personnel
Exhibit D — Exceptions to Agreement (see Attachment 2)
Exhibit E — Conflict of Interest Questionnaire
Exhibit F — Client Reference Form
Exhibit G — Bond Forms
Exhibit H— Safety History Table
Exhibit I — Construction Budget and Fee Proposals
Exhibit J— Evaluation Criteria
Exhibit K — Prevailing Wage Rates
Attachment 1— General Conditions for CMAR Project
Attachment 2 — Draft Construction Manager at Risk Agreement
Page 2 of 2
The City of Fort Worth, Texas desires to select a construction manager -at -risk firm (CMAR)
to provide construction manager -at -risk services in connection with the final design and
construction of the North Park Improvement project. The selection will be a one-step
process in accordance with Texas Government Code Ch. 2269.251 et seq.
The City will be evaluating the proposers, in general, on: project delivery techniques,
approaches and relevant experience that results in the following value statements for the
project and City:
• Reduction in overall delivery timeline (schedule)
• Increased and/or enhanced functionality resulting from phasing and
sequencing of project delivery to reduce impacts to homeowners and
business owners and improve public mobility during construction
• Cost -savings and cost -avoidance (potential project construction change
order/Field Order reductions) identified during preconstruction phase -
constructability review of the design.
• Reduced risk resulting from early engagement of the Construction Manager
to optimize construction delivery in collaboration with the City's contracted
Engineer.
CMAR or other enhanced project management experience is desired and will be recognized
in two ways:
Demonstrated relevant CMAR experience of the Proposer;
2. Value -delivery techniques on non-CMAR projects that demonstrate results
and benefits to the project and Owner.
SECTION 1: DEFINITIONS AND DOCUMENTS
A. Definitions: In this Request for Proposals capitalized terms (unless otherwise defined
herein or in the General Conditions) shall mean:
Agreement means the written instrument memorializing the understanding between City
and CMAR regarding the prosecution of the Work's Preconstruction Phase services and
Construction Phase Services.
City means the City of Fort Worth, Texas.
CMAR means Construction Manager -at -Risk, the entity or person with which the City
will contract to provide the construction manager -at -risk Preconstruction Phase Services
and Construction Phase Services for the Project.
Construction Budget means the amount of $3,900,000.00, as detailed on Exhibit I.
Construction Phase Services means the Construction services for the Project as more
fully described in this RFP and the Proposer's response thereto.
Page 3 of 2
Construction Phase Services Fee (also CMAR Fee) means the fee sought by the
Proposer for fulfilling the general conditions (generally to include profit, general
overhead and other costs associated with supporting the Work), but excluding the cost of
the executing the Work itself.
Contract Documents means the entire contract consisting of the Agreement, the Request
for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto,
and other necessary documents as may be indicated by the City whether specifically
attached hereto or provided separately.
Engineer means Dunaway Associates, L.P., with which the City has contracted to design
the Project.
Guaranteed Maximum Price (GMP) means the maximum cost to the City for CMAR
to construct the Project according to the Contract Documents.
MBE Utilization Plan means a Proposer's plan to address the diverse MBE goal for use
when bids or proposals are sought from trade contractors or subcontractors for
performance of all major elements of the Work.
Owner means the City of Fort Worth, Texas.
Preconstruction Phase Services means the preconstruction phase services that the
CMAR must provide as more fully described in this RFP and the Contract.
Preconstruction Phase Services Fee (also CMAR Fee) means the entire cost to provide
the Preconstruction Phase Services including overhead, profit and all other expenses.
Project specifically means the construction of the North Park Improvements.
Proposal means the Proposer's written response to this RFP.
Proposer means a person, corporation, partnership, or other entity that submits a Proposal
in response to this RFP.
RFP means Owner's request for proposals seeking responses from eligible Proposers
including, at a minimum, the Proposer's proposed fees and prices for fulfilling any
general conditions or Work related to the Project.
Work means all labor, materials, equipment, and services necessary to construct, erect,
install, equip, complete and commission the Project as provided in the Contract
Documents. Work shall not include Preconstruction Phase Services.
B. Documents: The Exhibits and Attachments listed above in the table of contents are
attached hereto and are incorporated as part of this RFP.
SECTION 2: DESCRIPTION OF PROJECT
A. The Project consists of demolition and removals, earthwork and grading, reconstruction of
4 competition soccer fields, fencing, athletic field lighting, a restroom/concession building,
roads & parking, concrete walks, a playground, picnic shelter and site furnishings.
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B. The City's Engineer is in the process of completing the preliminary engineering design for
the Project. This effort includes a preliminary a hydrologic and hydraulic (H&H) study
and geotechnical investigation. Topographic survey has been completed.
Preconstruction Phase Services are expected to start in June 2020. GMP presentation to
City is expected at or before the time Preconstruction Phase Services are essentially
complete. Construction Phase Services are to be completed by August 2021, with the
competition soccer fields in game -ready condition by August 15, 2021.
The Project is expected to include the following improvements:
1. Sitework
•
Tree Protection Fencing
2,000 LF
•
Erosion Control Silt Fence
2,000 LF
•
Topsoil Stripping & Stockpiling
3,000 CY
•
Demolition & Removals
1 LS
•
Mass Site Grading & Drainage Pipe/Structures
20,000 CY
•
Water & San. Sewer Connections & Mains
1 LS
•
Electric service (connection/line/box/meter)
1 LS
•
Topsoil Placement
3,000 CY
•
Temporary Turf Placement — seeding
40,000 SY
2. South Soccer Complex - Fields
• Improved Field Drainage 300,000 SF
• Concrete Sidewalk, Pads, Fence Strip, & Sleeves 1 LS
• Spectator Bleachers w/Shade, Player Benches 1 LS
• Irrigation System 300,000 SF
• Sod 300,000 SF
• Fence 6 ft Ht w 4 Gates 2,125 LF
3. South Soccer Complex - Lighting
• Field Lighting (connect fr box to poles, equipment) 1 LS
4. Parking Lot Expansion
• Concrete Paving (approx 100 spaces) 32,000 SF
5. Universal Playground (designated bond program item)
• Underdrain/sleeving 1 LS
• Concrete Slab, Walk, Perimeter Band 9,000 SF
• Play Structures 1 LS
• Safety Surfacing on Concrete Slab 8,000 SF
• Ornamental Perimeter Fence 500 LF
6. Restroom & Concession
• Building 1,000 SF
7. Basketball Courts
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• Concrete Slab
• Surface Coating & Marking
• Goals
• Perimeter Fence (10 ft ht)
10,000 SF
10,000 SF
4 EA
400 LF
B. Project Team. The City has selected Dunaway Associates, L.P., as the Engineer. The
City's team of employees who will work on this Project consists of Park & Recreation
Department personnel and other departments as needed.
C. CMAR Selection Method. The City is required by state law to follow specific
procedures in selecting the CMAR for the Project. For this Project the City is selecting
the CMAR by a one-step RFP process, as set forth in Section 2269.253 Tex. Gov't Code.
D. Additional Professional Services. The City will contract separately for (1) inspection
services, (2) testing of materials, (3) any verification testing services necessary for
acceptance of the Project. The City reserves the right to retain other professionals and
consultants to assist it with Preconstruction Phase and Construction Phase services and
monitoring the Work.
E. Permissions/Rejections. The CMAR will not perform any phase of services until the
City provides the CMAR with written notice to proceed with that phase. The City may
determine not to proceed with any and/or a portion of the Construction Phase Services,
at the City's sole discretion. The City reserves the right to reject any or all proposals.
SECTION 3: BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE
PROVISIONS FOR CONSTRUCTION MANAGER AT RISK (CMAR)
SOLICITATION
A. All proposers shall note that the Business Diversity Enterprise Ordinance (Chapter 20,
Article X of the Fort Worth Code of Ordinances, as amended) was adopted to ensure
the full and equitable participation of Minority Business Enterprise (MBEs) in the
procurement of goods and services. Where a contract total dollar value is greater than
$50,000, then an MBE subcontracting goal will be applicable as detailed below.
There is no MBE diverse goal for Pre -Construction Phase Services on this solicitation.
The MBE diverse goal is 14% for Construction Phase Services (subcontractors,
suppliers, etc.)
B. If a Proposer is certified as a MBE, SBE or WBE firm, and intends to self -perform
elements of the work, note the City's Business Diversity Enterprise Ordinance does not
allow a Proposer to count itself or its subsidiary -owned companies towards the
established goals; the goals represent subcontracting opportunities. If the Proposer
intends to self -perform Construction Phase Services, the MBE goal must still be met.
No exceptions.
C. Proposers must obtain MBE listing from the City of Fort Worth's Office of Business
Diversity at (817) 392-2674 or email mwbeofficegfortworthtexas.gov. This will
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ensure that the selected CMAR acknowledges MBEs currently certified by the North
Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth
Minority Supplier Development Council (D/FW MSDC) and the Women's Business
Council Southwest (WBCS) and accepted by the City of Fort Worth at the time
proposals 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.
MBE means a certified business that meets the following criteria:
a. is at least 51 percent owned by one or more minority persons, or, in the case of
any publicly owned business, at least 51 percent of the stock is owned by one or
more minority persons; and
b. management and daily business operations are controlled by one or more minority
persons who own it.
D. Proposers shall submit with their proposals a preliminary MBE Utilization Plan
("Plan") to address how it will comply with the MBE goal(s), if any, when
proposals/bids are sought from trade contractors or subcontractors for performance of
all major elements of the Work. At a minimum, the preliminary Plan must certify that
the Proposer will comply with the requrements of Subsection C of this Section and
present evidence of the Proposer's past business diversity procurement practices. The
preliminary Plan may also detail, to the extent possible, Proposer's planned efforts to
comply with Subsection E. herein.
Failure to submit a preliminary MBE Utilization Plan may render a Proposer
non -responsive and the Proposal may be rejected.
E. At the time the Guaranteed Maximum Price (GMP) proposal is submitted to the City, it
shall be accompanied by the CMAR's final MBE Utilization Plan showing detailing
efforts to comply with the MBE Goal(s). The final Plan shall include, at a minimum:
■ A detailed description of the work to be performed by each MBE;
■ The expected sub -contract value or percentage of the GMP construction cost for
each phase of work identified for each MBE participant;
■ 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 MBE company name, address, point of contact, email address, office and fax
telephone numbers of the subcontractors and suppliers and their respective
participation;
■ 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 MBE percentage level of commitment achieved and/or a Good and Honest
Effort statement;
Page 7 of 2
The final Plan must also include an element detailing how the CMAR will
communicate with, and report compliance to, the City's Project Manager and the City's
Office of Business Diversity during the Project including providing to the Office of
Business Diversity Letter(s) of intent, purchase orders and/or executed sub -contract
agreements (after award by the CMAR) prior to the issuance of the notice to proceed of
each relevant phase of the Work.
F. 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.
G. Failure to comply with the MBE utilization commitments in the Plan may subject the
CMAR to sanctions as provided in the Ordinance.
For additional information contact the Office of Business Diversity at (817) 392-2678
or send email to mwbeofficeafortworthtexas.gov.
SECTION 4: CMAR SERVICES
The CMAR Preconstruction Phase services will be provided as a fixed fee cost identified in
the proposal. The CMAR will provide the following Preconstruction Phase services:
A. PRECONSTRUCTION PHASE SERVICES
The Preconstruction Phase Services will include:
1. Provide a Project Manager, all Key Personnel and all other associated personnel
necessary to fully meet the CMAR obligations for the Preconstruction Phase
Services;
2. Consult with, advise and provide recommendations to the City and the Engineer on
all aspects of the design and proposed construction and drawings and specifications;
3. Provide ongoing constructability review and consult on constructability issues in the
development of the 90% and final design review plans and specifications, including
written reports and recommendations on design packaging to advance construction,
material availability and independent quantity calculations to verify quantities
provided by Engineer;
4. Provide list of additional details needed on 90% and final design review plans that
would be needed to complete the project in the allotted time or to accelerate aspects
of the work;
5. Provide input and assist Engineer in developing construction sequencing;
6. Project Manager, Estimator, Scheduler and Superintendent along with any other
necessary personnel shall attend review workshops with the Park & Recreation
Department, Transportation & Public Works Department and Engineer at the 90%
and final design review milestones. Assume each workshop is one complete eight (8)
hour day;
7. Identify, evaluate and propose cost-effective alternatives;
8. Develop independent detailed construction cost estimates for the Project and Critical
Path Method schedules at the 90% and final design review milestones;
Page 8 of 2
9. Provide monthly project planning and scheduling report (using critical path method)
to minimize the construction impact and prepare cash flow analyses for both the
design and construction phases;
10. Identify long -lead equipment procurement needs and submit a report to the City;
11. Identify, evaluate and recommend elements of the Project that may require less than
100% design;
12. Make recommendations to the City regarding the division of the Work to facilitate
bids and proposals for the major elements of the Work;
13. Advise the City of ways to gain efficiency in Project delivery;
14. Provide a complete, detailed, written GMP proposal including line item cost
breakdowns with conditions, assumptions, and CMAR Contingency;
15. Develop, implement and maintain a quality management plan that assures
conformance to every section of the specifications. Develop a QA/QC program to
ensure continuing attention to the production and installation of error -free work;
16. Provide an environmental management plan detailing programs for a storm water
pollution prevention plan and handling other environmental issues (dust, on site
chemicals and fuel, etc.) required to comply with permits and regulations applicable
to the Project;
17. Incorporate the City's standard specifications and provisions relating to quality,
safety, community, and environmental factors;
18. Schedule all Project construction related activities;
19. Identify Work which the Proposer intends to self -perform. Identify and recommend
which work, if any, should be procured through value -based competitive selections,
in lieu of low bid;
20. Provide monthly progress reports;
21. Participate in one Project kick off meeting for Preconstruction Phase Services;
22. Participate in up to 6 additional meetings or workshops with the Engineer, Owner or
others as needed;
23. Develop and submit recommendations for the award of subcontracts to construct the
Project;
24. Provide Insurance for the Pre -Construction and Construction Phases as described in
Section 8.
25. Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as
described in Section 8.
B. CONSTRUCTION PHASE SERVICES
Construction Phase Services will include the following:
1. Solicit and publicly procure trade contractors or subcontractors through bidding or
proposals for all major elements of the construction work estimated at greater than
$50,000.00, and for material suppliers for the Project, unless incorporated above or
otherwise exempted. See Texas Government Code Subchapter F, Chapter 2269.251
et seq. (as may be amended).
2. Discuss Project with subcontractors and material suppliers to determine workloads,
bonding capacity, and worker/mechanic availability;
Page 9 of 2
3. Review and monitor the final design and suggest equipment, materials and systems
for selection;
4. Review contractor's construction emergency response plan;
5. Review contractor's construction site safety plan;
6. Prepare the Bids/Proposals packages for the elements of the Work which must
incorporate the requirements of the Contract;
7. Participate in one Project kick off meeting for Construction Phase Services;
8. Performance of the construction portion of the Work in strict accordance with all
applicable Contract Documents;
9. Coordinate and manage the Work that includes all required appurtenances, necessary
site improvements, and all other work required to make a complete and operable
system within the Guaranteed Maximum Price and within the contract time agreed
upon by the CMAR and the City;
10. Coordinate with various local and state agencies, as necessary;
11. Arrange for procurement of materials and equipment;
12. Manage all procurement and construction -related subcontracts while meeting the
City's requirements for procurement of subcontractor and supplier bids or proposals,
including compliance with the MBE participation goal. This effort includes
inspection of the Work performed by subcontractors to ensure conformance with the
Contract Documents;
13. Monitor and maintain quality controls over shop drawings, equipment and materials,
implementation and Work;
14. Implement the construction site safety plan to provide a safe working site for the
Project, maintain, update and implement as needed the emergency response plan;
15. Conduct a Pre -Construction Meeting with all the contractors, sub -contractors,
inspectors, City staff and other entities performing major elements of the work prior
to the start of their work activities;
16. Obtain any necessary construction permits;
17. Manage storm water runoff and dust;
18. Establish and implement procedures to track, expedite and process all submittals,
Project change orders/Field Orders, and requests for information;
19. Review and process shop drawings and other submittals for submission to Owner for
City approval;
20. Establish a Critical Path Method schedule for the Project, monitor and update the
construction schedule monthly, prepare three weeks look ahead work schedules
consistent with overall schedule;
21. Review and process all pay request applications from subcontractors using the City's
standard specifications and provisions;
22. Conduct monthly progress meetings with the on -site trade foremen or
superintendents;
23. Attend bi-weekly (every two weeks) meetings with City Staff, inspectors, and other
entities and provide written monthly progress report and updated schedule;
24. Maintain current hard copies of Project as -built drawings, including all subcontracted
work, and submit in hard copy, PDF and electronic format specified by the Engineer
monthly;
Page 10 of
25. Expedite and coordinate delivery and installation of Owner procured material and
equipment, as applicable;
26. Maintain strict enforcement of Owner's or other applicable prevailing wage
requirements;
27. Update and revise the Operation and Maintenance Manual developed by the Engineer
as necessary;
28. Supervise and manage the warranties provided to the City for the equipment and
construction work; and
29. Receive warranty/guaranty Work items from the construction contractors and
subcontractors and provide same to Owner upon Final Acceptance of the Project, or
at a date negotiated by the Parties;
30. Conduct a final walk-through with the Park & Recreateion Department,
Transportation & Public Works Department, and Engineer at the completion of
construction and 20 months after Final Acceptance regarding the two-year warranty;
31. Implement close out procedures necessary for the City to accept the Project as being
finally complete; provide lien waivers from all subcontractors and material suppliers;
32. Complete all Construction Phase Services and Work no later than the end date of the
Project Time established as part of Article 6 —Project Time and Liquidated Damages,
of the negotiated CMAR Agreement (Attachment 2 — CMAR Agreement).
33. Prepare a final report on all construction costs.
C. SELF PERFORMANCE REQUIREMENTS
In accordance with Texas law, the CMAR may seek to self -perform work if the CMAR
submits a bid or proposal in the same manner as all other trade subcontractors or suppliers
and the City determines that the CMAR's low bid or proposal provides the best value for
the submitted work. Proposers shall indicate the scope of work, if any, it intends to self -
perform. The CMAR must still meet the MBE goal even if self -performing some or all
of the Construction Phase Services.
SECTION 5: PROCEDURAL REQUIREMENTS FOR REQUEST FOR
PROPOSALS
A. RESERVATION OF RIGHTS
The City may reject any or all Proposals and/or waive minor deviations and/or
irregularities therein and evaluate proposals.
2. The City reserves the right to cancel this project for any reason at anytime during the
process without incurring any obligations or liabilities.
3. The City reserves the right to modify the procurement schedule.
B. SUBMISSION OF PROPOSALS
1. Proposal: Each Proposal should be prepared simply and provide a straightforward
and concise description of the Proposer's ability to perform the required CMAR
Preconstruction Phase Services and Construction Phase Services as described in this
RFP and the Agreement as per the General Conditions. Emphasis should be on
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completeness, clarity of content, responsiveness to the requirements, and an
understanding of the City's needs. Vague or misleading statements will be viewed
unfavorably.
2. Modifications to Submissions: No modifications to materials that have been
submitted to the City are allowed unless Proposer withdraws its entire response.
Resubmittal is acceptable up to the time specified for submittal of proposals.
3. Disclosure of Proprietary Information: All materials submitted to the City become
public property and are subject to the Texas Public Information Act upon receipt. If
the Proposer does not desire submitted information that it considers to be proprietary
to be disclosed, each page must be identified and marked proprietary at time of
submittal. The City will, but only to the extent allowed by law, endeavor to protect
such information from disclosure. Failure to identify proprietary information will
result in all unmarked sections being deemed non-proprietary and available upon
public request. City will notify any and all Proposers if a Public Information Act
request is received to allow a Proposer to prepare its own response to protect its
proprietary material beyond that which the City is allowed. Entire Proposals marked
as proprietary will not be reviewed and will be returned.
4. Costs of Preparing Proposal: All costs of preparing the Proposal shall be the sole
responsibility of the person or entity submitting the information.
5. Pre -Proposal Conference: A Pre -Proposal Conference will be held at 10:00 a.m.
on Tuesday, May 12, 2020. The conference will be held online via web conferencing
application. Invitations will be distributed directly to those who have submitted
Expressions of Interest in the procurement to the City Project Manager and/or the
Design Engineer. The presentation given at the conference and any questions and
answers provided at the conference will be issued as an Addendum to the bid. All
interested proposers are strongly encouraged to participate in this conference.
6. Further Information and Questions: Information requests and questions must be
submitted in writing by email and received by the City Project Manager no later than
Thursday, May 21', 2020 at 5:00 pm. Responses to all requests and questions will
be emailed to all known interested parties and posted to the City of Fort Worth
Purchasing Division website at http:www.fortworthgov.org/purchasing by May 25tn
Please email all information requests and questions regarding this RFP, with "North
Park Improvements CMAR RFP" noted in the email Subject Line, to:
Dwight Taylor, Project Manager
Park & Recreation Department
Fort Worth, Texas
dwi hg t taylor(d),fortworthtexas.gov
7. Anti -Lobbying. Proposers submitting Qualifications and/or Proposals are prohibited
from directly or indirectly communicating with, including but not limited to contact
by phone or in person, any City of Fort Worth representative regarding this RFP,
except as provided herein for requests for further information.
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8. Submission of Proposal: The proposal shall be limited to 25 pages. Proposals must
be printed on letter -sized (8.5 inch by 11 inch) paper. Sheets as large as 11 inches by
17 inches may be used for graphics and will be counted as two pages. Sections should
be divided by tabs for ease of reference.
The 25-page maximum does not include a one -page cover letter and the required fee
proposal form. The Proposal shall use 10 pt. font or larger for the text. Resumes of
Key Personnel may be included in an appendix if desired, not to exceed an additional
15 pages. Each copy of the Proposal must be bound to ensure that pages are not lost.
One (1) original, one (1) electronic and five (5) copies. An original signature must
appear on the cover letter. Please mark the document with the original signature as
"ORIGINAL".
9. Receipt of All Proposals: Proposals shall be sealed in an envelope or container
marked on the outside with the Proposer's name and address and:
North Park Improvements
CMAR
City Project Number 101766
Park & Recreation Department RFP
Facsimile submittals will not be accepted. Proposals may be mailed or delivered to:
City of Fort Worth Purchasing Division
200 Texas Street
Fort Worth, Texas 76102
All sealed proposals must be received by the City no later than 1:30 pm on
Thursday, May 28, 2020. All proposals will be publicly opened and the names of
the Proposers and the submitted fees and prices for the Project read aloud at 2:00 pm
the same day in the City Council Chambers through live stream via CFW public
television and can be viewed at fortworthtexas.gov/fwtv/. Proposals received after
the date and time specified herein will be returned unopened.
Proposals will be accepted by:
1. US Mail at the address above,
2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at
the South End Lobby of City Hall located at 200 Texas Street, Fort Worth,
Texas 76102. Purchasing will have a staff person available to accept the
proposal and provide a time stamped receipt; or
3. If the submitter wants to submit the bid earlier, contact Purchasing at 817-
392-2462 to make an appointment Monday through Friday between 8:30am -
5:00 pm at the South End Lobby of City Hall located at 200 Texas Street, Fort
Worth, Texas 76102.
10. Conflict of Interest Questionnaire. Each Proposer must complete and submit
directly to the City Secretary's Office, an original Conflict of Interest Questionnaire.
If a Proposer already has a Conflict of Interest Questionnaire on file with the City
Secretary's Office, a Proposer may so certify to that fact. See Exhibit E.
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11. Financial Statement. Proposers should provide one copy of an audited financial
statement from the current or previous year or, if the Proposer does not have audited
financial statements, the previous year and current year-to-date financial statements.
The single financial statement should be submitted with the original proposal, and
may be provided in a separate sealed envelope and does not affect the page count.
SECTION 6: CONTENT OF PROPOSAL AND EVALUATION CRITERIA
Proposers shall submit complete responses to all requirements described in this RFP.
Although concise submittals are preferred, proposals must be sufficiently detailed to
demonstrate that the Proposer can successfully deliver the CMAR scope of services. All
items in all tabs shall be included in each copy of the Proposal. Proposals containing
incomplete information will be rejected.
A. The Proposal must contain the following information in the following order:
1. Cover Letter (Pass/Fail) Not included in page count
The Proposer's one -page cover letter should clearly state that the Proposal is valid
for 90 days from May 28, 2020 and should be signed by an individual with authority
to commit the Proposer to the Project. The 90-day period applies to the Exhibit I.
2. Forms and Certifications (Pass/Fail) Not included in page count
The Forms and Certifications in Exhibits A — K are attached for use in documenting
compliance with the City's procurement process, MBE requirements and for use in
preparing the Proposer's Price Proposal.
3. Proposer's Corporate Experience and Financial Stability (10 point maximum,
not to exceed 3 pages) Included in page count
The Proposer shall provide information in a tabular format, for roadway construction
projects of similar size, and scope, including project durations for projects completed
or currently in progress for all owners within the past ten years. The proposer shall
demonstrate history of completing projects on time.
A minimum of five projects shall be presented that best represent the Proposer's
relevant, demonstrated experience and services requested for the Project. The total
number of projects shall not exceed ten.
The Proposer shall identify its experience in the performance of CMAR Pre -
Construction Services which will be required on this project, specifically (1) working
with design engineers in the preparation of construction documents, (2)
constructability reviews based on engineering drawings and site visits, (3) preparing
cost estimates on partially completed construction documents, (4) project scheduling,
and (5) developing a GMP. The proposer should explain the benefits of their
experience in terms of value for the City's project.
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The Proposer shall identify the major work elements/trades of a typical project
and identify if the Proposer intends to self -perform such elements/trades and
provide examples of those elements/trades which it normally self -performs. The
listing of major work elements/trades should, at a minimum, include those listed
under Section 2 Description of Project above.
4. Pricing of CMAR Services (5 points maximum, not to exceed 2 pages) Included
in page count
Provide the Preconstruction Phase Services Fee and Construction Phase Services
Fee on Exhibit I — Construction Budget and Fee Proposal. Provide any proposed
incentives for delivery.
5. CMAR Qualifications and Experience of Key Personnel (relevant Non-CMAR
experience acceptable) (20 points maximum, Not to Exceed 6 pages) Included
in page count
Overall qualifications of the Proposer's Key Personnel to perform the required
Preconstruction Phase Services and Construction Phase Services shall be provided.
Additional information to be provided on Key Personnel should include roles and
major responsibilities and their experience with CMAR or non-CMAR project
delivery including value engineering, constructability reviews and (Preconstruction
Phase and Construction Phase Services) and other general preconstruction services,
general construction or construction management experience.
Include a statement that proposed Key Personnel will be dedicated and available for
the performance of the Project. Also, state the amount of time on a percentage basis
each Key Personnel will spend during the Preconstruction Phase and Construction
Phase Services. Proposer shall indicate where Key Personnel have worked together
on prior projects.
Proposer shall provide an organizational chart showing all Key Personnel and other
personnel (either by name or job category) for both Preconstruction Phase and
Construction Phase Services.
The Proposer will provide a client reference for three of the projects listed using
Exhibit F..
6. Project Approach (55 points maximum, not to exceed 42 pages) Included in
page count
Preconstruction Services — 10 points maximum
Describe the approach to the successful completion of the Preconstruction Phase
Services. Discuss the potential benefits from these activities to the overall Project.
Use examples from prior efforts to prove benefits. Identify any specialize skills or
special consideration that Proposer will be able to provide.
Construction Approach — 15 points maximum
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Describe the approach to the successful completion of the Construction Phase
Services and identify any specialized skills or special considerations that Proposer
will be able to provide. Use specific examples.
Describe in detail how Proposer will coordinate CMAR tasks with that of
subcontractors tasks, the Owner, Engineer and other professional services that may
be involved in the Project (inspection, materials testing, etc.)
QA/QC and SafetyP5 points maximum)
Describe in detail in no more than 3 pages how you will develop and implement your
quality assurance/quality control and safety plans to achieve a successful project.
Cost and Schedule Control (25 points maximum)
Describe in detail in no more than 3 pages, how Proposer will manage and control
costs and schedule. Discuss change management process and how Owner initiated
requests will be addressed.
7. Compliance with the Business Diversity Enterprise Ordinance (5 point
maximum, Not to exceed 1 page) Included in page count
Proposer shall acknowledge and commit to meeting the overall diverse MBE _goal
and present its preliminary MBE Utilization Plan (as defined above in Section 3.D.).
Failure to submit a preliminary MBE Utilization Plan may render a Proposer
non -responsive and the Proposal may be rejected.
8. Special Considerations (5 point maximum, Not to exceed 1 page) Included in
page count
List City of Fort Worth roadway projects by City Project Number, including Project
Manager, status of completion and contract value. Up to 5 points will be given to
Proposers that have completed 4 to 6 lane concrete arterial projects with the City of
Fort Worth in the past 5 years.
B. Review of Proposals and Release of Information
The City will convene a team to apply the Evaluation Criteria set forth in this RFP and
to rank all the Proposers with the goal to select the Proposer that offers the best value
under the evaluation criteria.
Within seven days after the City Council authorizes execution of the CMAR contract,
the City will document the basis of its selection and make the evaluations public.
C. Guaranteed Maximum Price (GMP)
The GMP will be established during the Preconstruction Phase Services. The CMAR
assumes the risk of completing the Work for the GMP and within the allotted
Contract time. Cost sharing arrangements are more fully described in the Contract.
Adherance to the GMP, as may be amended by the parties, shall be the responsibility
of CMAR. Cost overruns shall be borne by the CMAR.
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2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended)
of the Texas Government Code. This statute, among other things, requires all
contractors and subcontractors performing public works contracts for a municipality
to:
i. pay the prevailing wage rate as determined by the municipality;
ii. keep records of the name and occupation of each worker, laborer and mechanic
employed by them to work on the Project and the actual per diem wages paid to
each;and
iii. forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or
mechanic who is not paid the stipulated wage for the type of work performed by
him as required by the Labor Classification and Minimum Wage Scale. The City
is authorized to withhold the penalty amount from the CMAR's payment, as
provided in the statute.
iv. The prevailing wage for this Project will be included in the GMP calculation and
will be established at the time the bids/proposals are requested for the major
elements of the Work.
SECTION 7: AWARD AND EXECUTION OF CONTRACT
Staff will attempt to negotiate a contract with the top ranked Proposer and will attempt to
negotiate a contract with that entity. If negotiations fail, the City will end the negotiations in
writing and commence negotiations with the next -ranked Proposer until a contract is
negotiated or all candidates are rejected.
Staff will negotiate only those items listed as Exceptions to Draft Agreement - Exhibit D,
including any cost sharing proposals submitted. Excessive contract exceptions will be
viewed unfavorably.
The initial notice to proceed will be for the Preconstruction Phase Services. The City may or
may not elect to proceed with the Construction Phase Services, at the City's sole and
exclusive discretion.
The Contract Documents contain termination language that allows the City to terminate the
contract after the Preconstruction Phase if a GMP cannot be negotiated and during the
Construction Phase with or without cause.
To comply with Article 11, Sec. 5 of the Texas Constitution, the City will include the
following provision in the Contract:
"Notwithstanding any other provisions of this Contract, if this Contract provides for the City
to make payments to the CMAR in any fiscal year following the City's fiscal year in which
this Contract begins and the City's City Council fails to appropriate funds to make the
payments, then this Contract automatically terminates at the beginning of the first day of the
successive fiscal year for which funds were not appropriated, and the City shall not be
obligated to make or have any liability to the CMAR for the payments."
SECTION 8: BONDS AND INSURANCE REQUIREMENTS
Performance and Payment Bonds. If a fixed contract amount or guaranteed maximum price
has not been determined at the time the contract is awarded, the penal sums of the
performance and payment bonds delivered to the governmental entity must each be in an
Page 17 of
amount equal to the estimated Construction Budget, as specified in this RFP and on a form
acceptable to the City. The CMAR shall deliver the bonds not later than the IOth day after
the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other
financial security acceptable to the City to ensure that the CMAR will furnish the required
performance and payment bonds when a guaranteed maximum price is established.
If any Maintenance Bonds are required, said bonds shall be provided or procured by the
CMAR and shall be in the name of and in favor of the City. All payment, performance and
maintenance bonds issued with respect to this section shall be provided by a surety
authorized to do business in the State of Texas and in accordance with Texas Gov't Code
2253.
The City's bond forms are provided in the Exhibit G.
Insurance. Please refer to the General Conditions at Article 5, Section 5.03-5.05 for detailed
insurance values, limits and descriptions.
SECTION 9: INSPECTION AND CONSTRUCTION MATERIAL TESTING
The City will provide or contract for, independently of the CMAR's services, the inspection
services, the testing of construction materials, engineering, and the verification testing
services necessary for acceptance of the Work. The selected Proposer will be required to
coordinate these services.
SECTION 10: PROPOSED SCHEDULE
Publication of Request for Proposals (111) April 30, 2020
Publication of Request for Proposals (211) May 7, 2020
Pre -proposal Conference (10:00 AM) May 12, 2020
Deadline for Comments (5:00 PM) May 21, 2020
Responses to Comments Posted (5:00 PM) May 25,2020
RFP Submittals Due: 1:30 PM May 28, 2020
Opened and Read Aloud: 2:00 PM May 28, 2020
Evaluation of Proposals
June 2020
Notice to Selected CMAR
June 2020
Contract Negotiations
June 2020
CMAR Contract Award (M&C)
June 2020
Notice to Proceed (Preconstruction Phase) July 2020
Preconstruction Phase Services and
GMP Negotiation July 2020 — August 2020
Construction Phase Services Sept 2020 — August 2021
Page 18 of
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Map 2 — Preliminary Plan Layout of Project
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Cut Grade to Provlde Fill far
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Use Pra. Areo (and
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Youth Soccer Area)
NORTH PARK
MASTER PLA N
Fo4w -ouwaway
Phase I Improvements
Construction Budget
of $ A million
Pb— I - Site Moss
sroding (Cut and Fill
Across Park to Reduce
So A— Flooding;
Phase I -Expand /
North Perking Area
Phase I - Complete Rebuild
of E.krMg SoccerAre
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Alt
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New LightingBaskerha!!
New 7rriggtlon
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Page 20 of
Exhibit A - Proposal Transmittal Letter
TO: City of Fort Worth, Texas
IffIXII-S"
(Proposer's Name)
FOR: North Park Improvements
Submitted: .2020
The undersigned Proposer, in compliance with your Request for Proposal for this Project,
having examined the Request for Proposal and Contract Documents and the site of the
proposed work, and being familiar with all of the conditions surrounding the construction of
the proposed Project, including the availability of materials and labor, hereby proposes to
perform Construction Manager -at -Risk Services including development of a Guaranteed
Maximum Price Proposal, to construct the Project in accordance with the said Contract
Documents.
The Proposer agrees, if this Proposal is accepted, to enter into a written contract with the
City of Fort Worth, Texas to furnish all items necessary to perform the Construction
Manager -at -Risk Services including Pre -Construction Services and Construction Services in
full and complete accordance with the reasonably intended requirements of the respective
scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a
definite understanding that no compensation will be allowed for extra work except as set
forth in the Contract Documents.
The Proposer agrees, if the Guaranteed Maximum Price Proposal is accepted, to commence
with the construction of the Project completely by furnishing all necessary products,
machinery, tools, apparatus, means of transportation and labor necessary to complete the
construction of the Work in full and complete accordance with the reasonably intended
requirements of the Contract Documents to the full and entire satisfaction of the City of Fort
Worth, Texas with a definite understanding that no money will be allowed for extra work
except as set forth in the Contract Documents.
The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this
Proposal Transmittal Letter submitting the Proposer's response to the RFP and further
authorizes and hereby requests any person, firm, or corporation, if requested by the City, to
furnish any information in verification of the recitals comprising this Proposal. By the signature
provided below, the signatory affirms that the information provided herein and in this Proposal
is true and correct to the best of his/her knowledge and belief. Attached hereto is authority
provided by the Proposer's governing body verifying the authority of the signatory to so execute
this document.
By:
(signature)
Title:
Date:
Page 21 of
Exhibit B — Statement of Experience
Using the summary format included below, list and describe Proposer's history of
successful completion of both similarly sized and scoped projects and projects utilizing
the Construction Manager -At -Risk project delivery method within the past ten (10) years.
Give documentation of three (3) projects that meet the criteria listed in Section 6.A.4.
Additional consideration will be given to projects combining multiple elements listed in
Section 4.
Project 1
Name of Project:
Location:
OWNER'S Name and Address:
OWNER's Contact Person (Print):
Phone/Fax No.:
Initial Contract
Price:
Final Contract Price:
For Design Projects, Construction Cost:
Contract Start Date: —(Date of Notice to
Page 22 of
Contract Time: ( ) Calendar Days O Working Days
Contract Substantial Completion Date:
Actual Substantial Completion Date:
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Page 23 of
Exhibit B - Statement of Experience (continued)
Project Description and Statement of Relevance to this Project:
Page 24 of
Exhibit B - Statement of Experience (continued)
Project 2
Name of Project:
Location:
OWNER'S Name and Address:
OWNER'S Contact Person (Print):
Phone/Fax No
Initial Contract
Price:
Page 25 of
Final Contract Price:
For Design Projects, Construction Cost:
Contract Start Date: —(Date of Notice to
Contract Time:
Contract Substantial Completion Date:
Actual Substantial Completion Date:
O Calendar Days O Working Days
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Page 26 of
Page 27 of
Exhibit B - Statement of Experience (continued)
Project Description and Statement of Relevance to this Project:
Page 28 of
Exhibit B - Statement of Experience (continued)
Project 3
Name of
Location:
OWNER'S Name and Address:
OWNER's Contact Person (Print):
Phone/Fax No.:
Initial Contract
Price:
Page 29 of
Final Contract Price:
For Design Projects, Construction Cost:
Contract Start Date: —(Date of Notice to
Contract Time:
Contract Substantial Completion Date:
Actual Substantial Completion Date:
O Calendar Days O Working Days
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Page 30 of
Page 31 of
Exhibit B - Statement of Experience (continued)
Project Description and Statement of Relevance to this Project:
Page 32 of
Exhibit C - Proposed Project Key Personnel
Proposed Project Manager(s)
Organization Doing Business As
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
mber of similar projects in other positions
a
Project Name and Description
Initial
Contract
Price
Final
Contract
Price
Initial
Contract
Completion
Date
Actual
Contract
Completion
Date
Page 33 of
Reference Contact
Information (listing names indicates
approval to contacting
the nam
ividuals as a reference)
M
Name
(Name
Title/ Position
I Title/ Position
Organization
I Organization
Telephone
I Telephone
E-mail
I E-mail
Project
I Project
Candidate role
Candidate role
on Project
on Project
Name of Assignment
Percent of Time
Used for this
Estimated Project
Completion Date
Exhibit C - Proposed Project Key Personnel — Continued
Proposed Project Superintendent
Organization Doing Business As
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar rojects in other ositions
Project Name and Description
Initial
Contract
Price
Final
Contract
Price
Initial
Contract
Completion
Date
Actual
Contract
Completion
Date
Page 34 of
Reference Contact
Information (listing names indicates
approval to contacting
the nam
ividuals as a reference)
M da
Name
(Name
Title/ Position
I Title/ Position
Organization
I Organization
Telephone
I Telephone
E-mail
I E-mail
Project
I Project
Candidate role
Candidate role
on Project
on Project
Name of Assignment
Percent of Time
Used for this
Estimated Project
Completion Date
Exhibit C - Proposed Project Key Personnel — Continued
Proposed Project Safety Officer
Organization Doing Business As
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
mil+ sect Expel
Project Name and Description
Initial
Contract
Price
Final
Contract
Price
Initial
Contract
Completion
Date
Actual
Contract
Completion
Date
Page 35 of
eference Contact
Information (listing names indicates approval to contacting
the nanM
a reference)
Name
(Name
aL
Title/ Position
I Title/ Position
Organization
I Organization
Telephone
I Telephone
E-mail
I E-mail
Project
I Project
Candidate role
Candidate role
on Project
on Project
Name of Assignment
Percent of Time
Used for this
Estimated Project
Completion Date
Exhibit C - Proposed Project Key Personnel — Continued
Proposed Project Oualitv Control Manager
Organization Doing Business As
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar projects in other positions
xperience
Project Name and Description
Initial
Contract
Price
Final
Contract
Price
Initial
Contract
Completion
Date
Actual
Contract
Completion
Date
Page 36 of
Reference Contact
Information (listing names indicates
approval to contacting
the nam
ividuals� refejfte)
Name
Name
Title/ Position
I Title/ Position
Organization
I Organization
Telephone
I Telephone
E-mail
I E-mail
Project
I Project
Candidate role
Candidate role
on Project
on Project
Name of Assignment
Percent of Time
Used for this
Estimated Project
Completion Date
Page 37 of
Exhibit D — Exceptions to Agreement (see Attachment 2)
Comment
Number
Location in
CMAR
Agreement
Exception and Rationale
Suggested Alternate Language
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Page 38 of
Exhibit E — Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM C IQ
For vendor or other person doing business with local governmental entity
This questlonnalre reflects changes made to the law by H.B 1491, 80th Leg., Regular Session.
OFFICELISEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code
Date Received
by a person who has a business relationship as defined by Section 176.001(1-3) with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statem ent to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business relationship 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 the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
ivame otiocai government ❑tricerwith whom tiler has employment or Dusiness relationship.
Name of Officer
This section (item 3 including subparts A, B, C; & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
Lr. Describe each employment or business relationship with the local government officer named in this section.
4
Signature of person doinq business with the govemmental entity Date
Page 39 of
Exhibit F — Client Reference Form
Project Name:
Owner's Name:
Owner Contact's Phone Number:
Owner's Contact Name & Title:
Tvne of Contract (Desien/Bid/Build, Desien/Build. CM at Risk, etc.)
Engineer/Architect/Construction Manager's Name:
Engineer/Architect/Construction Manager's Phone Number:
Engineer/Architect/Construction Manager's Contact Name & Title:
Original Contract Value / GMP of Project:
Cost Savings Identified:
Final Contract Value of Project:
Project Description:
Original Project Duration:
Original Project Completion Date:
Actual Project Completion Date:
Explanation for later project completion date or contract value overrun, if applicable:
Page 40 of
List Major Subcontractor's; names, contact phone numbers
Page 41 of
Exhibit G — Bond Forms
Pre -Construction Phase Services:
For Pre -Construction Phase Services, the following insurance requirements are expected.
Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall be
endorsed as an additional insured on Consultant's insurance policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a
split limits basis). Coverage shall be on any vehicle used in the course of the
Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Construction Phase Services:
It is expected that Construction Phase Bonds and Insurance requirements shall be similar to,
if not the same as, current City requirements for standard Construction Contracts. These
requirements are available for review in the City's CMAR RFP project folder found on
Buzzsaw. If changes are required an addendum will be issued.
Page 42 of
Exhibit H— Safety History Table
2017
2018
2019
A
Total Number of Field Man -Hours
B
Number of Recordable Incidents with no lost time accidents
C
Number of Recordable Incidents with lost time accidents
D
Total Recordable Incident Rate (TRIR)
(B+C) x (200,000) I A
E
Number of Fatalities
F
Published Experience Modification Rate (EMR)
Provide documentation to support the above Experience Modification Rate information.
Either of the following methods are acceptable:
• Letter from insurance agent, insurance carrier, or appropriate government agency
(on their letterhead) verifying the modification rate.
• Copies of the Experience Rating Calculation Sheets for each of the above years
that your insurance carrier forwards to you annually.
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide
OSHA 300 logs for each of the past three years.
Page 43 of
Exhibit I — Construction Budget and Fee Proposals
Construction Budget
The City's Construction Budget 1 $3,900,000
(includes $100,000 Allowance to be included in GMP)
CMAR Fee Proposal
Pre -Construction Phase Services Fee (Paid from other Project funds):
Minimum Fee (required)
$25,000
Additional Fee (Proposers disrection, cannot be negative)
$
Total Pre -Construction Services Fee
$
Construction Phase Services Fee:
Fee (expressed as a percentage of cost of work; will be
incorporated into GMP)
%
Additional Shared Savings Proposed (if any)
(refer to Attachment 2 Agreement Section 2.13 and 2.E
Note: Only the Total Pre -Construction Fee and Construction Services Fee percentage
will be read publicly at the time the RFP is opened.
Page 44 of
Exhibit J- Evaluation Criteria
Evaluation Criteria
Weighted
Value
1.
Cover Letter
Pass/Fail
2.
Forms and Certifications
Pass/Fail
3.
Proposer's Corporate Experience and Financial Stability:
related CMAR and non-CMAR project delivery experience,
including safety record, self -performance capabilities, financial
qualifications, corporate history of litigation and the forms of
dispute, and history of completing projects on time. The Firm can
Maximum 10
demonstrate relevant and recognized project delivery experience
points
through using various project delivery techniques and best practices.
The Firm explains the benefits of that experience in terms of value
for the City's project and provides a current Company Financial
Statement.
4.
Pricing of CMAR services (Pre -Construction Services Fees)
Maximum 5
points
5.
CMAR Qualifications and Experience of Key Personnel
(RELEVANT Non-CMAR experience acceptable): Demonstrated
results and success with of projects of similar size and scope (CMAR
and Non-CMAR Experience): Proposer's relevant experience in
project delivery including: value engineering, constructability
reviews, value analysis and best practices in construction delivery
methods (design/bid/build, construction management at risk and
design -build) and associated Pre -Construction Services. The team's
value proposition is clearly communicated through experience,
Maximum 20
results and assigned roles and responsibilities.
points
CMAR and non-CMAR experience is recognized when the team can
demonstrate experience in various delivery techniques and, explain
the benefits of that experience in terms of value for the City's
project.
Include Client References for Similar Work Performed and Proposed
Project Team's Capacity, experience and workload
Page 45 of
Evaluation
Value
6. Project Approach
Construction Approach: Team's approach to quality
assurance/quality control during construction, approach to dealing
Maximum 15
with Project change orders/Field Orders from sub -contractors,
points
dealing with delivery impacts (i.e. adverse weather, operational
issues, etc.), working with stakeholder and customer communities,
and achieving project close-out to meet or exceed construction
timeline.
Maximum 15
Pre -Construction Services: Team's approach to performing pre-
points
construction phase services, integration with the Owner's design
firm, controlling schedule and budget to meet GMP and meet or
exceed delivery timeline.
QA/QC and Safety Plan: Demonstrated development and
implementation of Quality Assurance/Quality Control and Safety
Maximum 5
Plans to achieve successful projects.
points
Cost and Schedule Control: Managed and controlled costs and
Maximum 25
schedules with a change management process. Addressed Owner -
points
initiated requests
7. Compliance with the Business Diversity Enterprise Ordinance:
Acknowledge and commit to meeting the overall diverse MBE goal
Maximum 5
and present its preliminary MBE Utilization Plan
points
8. Special Considerations: Proposers completed roadway projects
Maximum 5
with the City of Fort Worth in the past 5 years.
points
Proposer's responsiveness to Request for Proposal
Yes/No
Page 46 of
Exhibit K - 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
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
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
$
21.03
Glazier Helper
$
12.81
Insulator
$
16.59
Insulator Helper
$
11.21
Laborer Common
$
10.89
Laborer Skilled
$
14.15
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
Page 47 of
Reinforcing Steel Setter Helper
$
11.08
Roofer
$
16.90
Roofer Helper
$
11.15
Sheet Metal Worker
$
16.35
Sheet Metal Worker Helper
$
13.11
Sprinkler System Installer
$
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, Clamsheel, 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
Page 48 of 50
Attachment I — General Conditions for CMAR Project
Page 49 of 50
Attachment 2 — Draft Construction Manager at Risk Agreement
Page 50 of 50
ATTACHMENT B
CMAR'S PROPOSAL
CMAR's Proposal, a 75-page document, is attached following this page.
Attachment B — CMAR's Proposal (05.28.20)
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Cover Page
Request for Proposal
Construction Manager at Risk
North Park Improvements
City of Fort Worth
City Project No.101766
FORTWORTH.
Dean Construction
701 Hall St.
Cedar Hill, TX 75104
Phone: 972-291-7153
Fax: 972-291-7172
Email: greg@dean-construction.com
mean
CONSTR UC i't ON
Table of Contents
1. Cover Letter
2. Forms & Certifications
3. Proposer's Corporate Experience
4. Pricing of CMAR Services
S. CMAR Qualifications and Experience of Key Personal
6. Project Approach
7. Compliance with the BDEO
8. Special Considerations
wean
Cl9NST� N
May 28, 2020
Letter of Interest for North Park Improvements
City of Fort Worth
Attention of: Purchasing Division
200 Texas St
Fort Worth, Texas 76102
We are pleased to be considered as the Construction Manager at Risk for North Park
Improvements. The following proposal is for your consideration and we believe you will
find Dean Electric Inc. dba Dean Construction meets and exceeds your criteria for
selection.
The Proposal set forth shall remain effective for a period of 90 calendar days from
opening.
We are looking forward to the opportunity to work with the City of Fort Worth.
Sincerely,
.r-
Greg F� gh
CEO/President
Exhibit A - Proposal Transmittal Letter
TO: CitN of Fort Worth. Texas
g ear bkcNT'i c c3c . dba.
FRONC Dean
(Proposer y ;\'rune)
FOR: North Park linpro%enlents
Subillitted: 5 .2020
The undersigned Proposer. in compliance with )'our Request for Proposal for this Project.
having examined the Request for Proposal and Contract Documents and the site of the
proposed work. and being, familiar 1\'ith all Of the Conditions SUrrOUndlll" tile ConStrUCtion Of
the proposed Project. including the availability of materials and labor, hereby proposes to
Perform Construction \•lanailer-at-Risk Services including development of a Guaranteed
\9axinlunl Price Proposal, to construct the Project in accordance %%ith the said Contract
Documents.
The Proposer agrees. iI'this Proposal is accepted. to enter into a %%ritten contract with the
City of Dort Worth. Texas to furnish all items necessary to perform the Construction
:.9anzwer-at-Risk SeryiCeS including Pre -Construction Services and Construction Services in
Full and complete accordance with the reasonably intended requirements of the respective
scopes of work to the full and entire satisfaction of' the City of Fort North. Texas %\ ith a
definite understandings that no compensation will be allowed for extra %%ork except as set
forth in the Contract Documents.
The Proposer agrees. if the Guaranteed iMaximum Price Proposal is accepted. to commence
%\ith the construction of the Project completely by furnishing, all necessary products.
machinery. tools. apparatus, means of transportation and labor necessary to complete the
construction of' the Work in Full and complete accordance with the reasonably intended
requirements of the Contract Documents to the full and entire satisfaction of the City of Fort
Worth. Texas with a definite understandin« that no money %\ill be allowed for extra work
except as set forth in the Contract Documents.
The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this
Proposal Transmittal Letter submitting the Proposer's response to the RFP and further
authorizes and hereby requests any' person. firm. or corporation. if requested by the City. to
furnish any information in verification of tile recitals comprising this Proposal. By the signature
provided below, the signatory affirms that the information provided herein and in this Proposal
is true and correct to the best of his!her kno%\ledge and belief. Attached hereto is authority
provided by the Proposer's goveming body verifying the authority- of the signatory to so execute
this document.
(signature)
Title: i
Date: 2 p
Page 21 of
i')
Dean Electric, Inc. dba Dean Construction
701 Hall Street. Cedar Hill, Texas 75104
Phone. 972-291-7153 Fax- 972-291-7172
MINUTES OF A SPECIAL MEETING OF
THE BOARD OF DIRECTORS OF
DEAN ELECTRIC, INC.
A special meet ng of the Board of Directors of Dean Electric Inc , a Texas corporation, was held
at the principal office of the Corporation located at Cedar Hill, Texas on November 1, 2016
All of the D,rectors of the Corporation were present at the meeting constituting a quorum
Greg Firebaugh, the President of the Corporation, presided at the meeting as Chairman and
Kirsten George, Secretary of the Corpofation. acted as Secretary of the meeting and recorded the
minutes
The Chairman brought up the matter of Jeff Dean, Chief Financial Off cer and Barbara Dean
Secretary and Treasurer of the Corporation submitting letters of resignation Whereas. as a resuii of Je`
Dean and Barbara Dear si'om tt no their letters of resignation the Board of Directors need to elect nev/
officers of the Corporation. After d.scussion and upon motion duly made and seconded rt was
unanimously
RESOLVED, that the follo,iing person are elected to f, , the foko,,iing off cer positions
provided for by the Corporation's By a,,is and to serve .i.ntil the next annual meeting of the
directors or until their successors a•e elected and qua f:ad
GREG FIREBAUGH President and Cn:ef Executive Officer
KIRSTEN GEORGE Corporate Secretary
THEREFORE BE IT RESOLVED that the ne,v y elected oficers are
Hereby a.j`�,o,ized and directed to do any and all to ngs necessary
To effectuate the forego na resoiut on
Thereafter there being no fu•tn.=r business to come before sa'd meeting upon motion duly made
seconded and unan mousey carried, the meeting was adjourned
Kirste George Secretary
M;NUTES OF A SPECIAL MEETING
OF THE BOARD OF DIRECTORS — Solo Page
«2
E.ehihit B -- Statement of Esperienee
Usin�ty the summarN format included belc.n�. list and describe Proposer's history of
successful completion of b„tlt similarly sized and scoped projects and projects utilizing
the Construction Manager -At -Risk project cleli%er) method \�Ithin the past ten (l0) Fears.
Gite documentation of three (3) projects that meet the criteria listed in Section 6.A.4.
Additional consideration �Nill be Luken to project,combining multiple elements listed in
Section 4.
I-Yoject I
Name of Project:—O
Location:
OWNER's Name and Address:
0WNER's Contact Person (Print):
Pl,nne.'l a, No : Z51--1 -39z-OtL�
Initial Contract
Final Contract Price:
I Co3775& �Q
For Design Projects. Construction Cost:
Contract Start Date: (Date of Notice to Proceed)� IM146-
Page 22 of
03
Contract i ime: ZI O Calendar- Da}5 {)�Wc,��D,�,,
Contract Substantial Completion Date: 1Z z
:Actual Substantial Completion Date:
lFcontract completion time esten5icm; %sere added to the contract a.; a result of FIRM's
responsibilities, proX ide a short e\plaPati011 of each.
i x r o*, here. � SI�P�I nr. rwn
ne-fe w re �2 mA' - n ',oh.
Page 23 of
444
Page 31of
,',�
l'.vhihi! I, - Statement of Fspericncc (continited)
Project Description and State III ell 1 01'ReIeNartcc to this Project:
r,
RA '
'a d-t)3
MW �`�Y -I m , ri 0(1CY�Px i
Page 32 of
I la
Exhibit C- Proposed Project Kea Personnel
Proposed Project Manager s)
_Or;anization_Doine Business As
Name of Individual
Years of Experience as Proaect._iIManaUer Z
Years of Experience with this organization]
Number of similaryroiects as Project Manager
Number ofsimilar projects in other positions
Initial Final
Initial
Actual
Project Name and Description Contract Contract
Contract
Contract
Price Price
Completion
Completion
Orc'"m
cbx <- �arv�rn�i� sC 1,4#a`6� J'J
I�iOvJ-r,)(v
Ll l zjAI Gi
Page 33 of
, •,14
Cox� �ex,__�. ��,, :-YN-
NatneCA
Title/ Position
'Q
Name
( _
Title/ Position
Organization
c� P10.
Organization
Telephone
- l - 72% -_ .
"Telephone�7,
E-mail
Project
- (oy�j
knn
E-mail
Project
b J
Candidate role
an Project
Name of Assignment
Candidate role
on Project
Percent of Time
Used for this
Z
---
C C& [
Estimated Project
Completion
_m � etion Date
_
- - -
---
Exhibit C' Proposed Project Key Personnel- Continued
Proposed Proiect Superintendent
Organization Doings Business
Name of Individual
Years of Experience as Projec
Years of Experience with this
Number of similar vroiects as
Project Name and Description
PcC6_' `
cc"100
IRA,
Manager '440
r anization
'ro'ect Manaser Z
ositions
W
i
c
Initial
Final
Initial
Actual
Contract
Contract
Contract
Contract
Price
Price
Completion
Completion
iC
. _
ni
7,qI-5)7(,q
7fi2q.)(o`d�
<j�201�5
S�Z�t
I
I
Page 34 of
,15
Narne _
"title/ Position
Organization
Telephone
E-mail
Project
Candidate role
on Project
Name
Title/ Position
Organization
Telephone
X E-mail
Project
Candidate role
on Project
C-t.-K..i
Name of Assignment Percent of Time Estimated Project
Used for this Com letio_n Date
Exhibit C- - Proposed Project Key- Personnel - Continued
Proposed Project Safety Officer
Or anilation Doing.Business_A_s_
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization S
Number of similar ro'ects as Project Mana per _
Number of similar oroiects in other positions
Project Name and Description
Na- on R�rK�r+rntxtii
VbYYCI
Gcgoc cor' 7UNN P
Initial
Final
Initial
Actual
Contract
Contract
Contract
Contract
Price
Price
Completion
Date
Completion
Date
-7/&1Z_
-7 IZ.612
'J�b�6,353 $1,�3j, t j1ZU 1Ct I y JZGICt
Page 35 of
416
Caxwkm-
P
Name_ _
Title/ Position
Organization
Telephone
E-mail
Project -
Candidate role
on Project
Name of Assignment
11 8'Clcpfv I O'W5� 'Zlwi� 1
i
rlj,,
Name
Y -
1:tALr- 'MO-
_
Title/ Position
Organization
1
Telephone
Z i y -L "%- W
E-mail
AL RIA
r�ok,
Project
Candidate role
on Project
p�-eC'Cx-
Percent of Time Estimated Project
Used for this Completion Date
E,vWbrt (' - Proposed Project Ke) Personnel - Continued
Proposed Project Quality- Control Manager
Organization Doing Business As r
Name of Individual —
Years of Experience as Pro}ect.Manay Y
Years of Experience with this or ianization
Number of similar projects as Proiect Manager.` I O
Number of similar aroiects in other nositions [-i
Initial
Final Initial
Actual
Project Name and Description
Contract
Contract Contract
Contract
Price
Price Completion
DamP�
Completion
_
'%,(03)isII
c�,c�)�I!
7�Za�Z_
�lZb1Z_
Dr<. 11or67)co.
Ceaf�iC Ccx,nrnU.�R��' �7w+k I' �(a,'J53
Page 36 of
J(,37)-r% I y )ZO } ri I yILoc
.17
Gc�x�x.�rcr P00rlL'�qbIJ�S�{do �qI�SG bZGl�, ,
Name
Title/ Position
Organization
Telephone
E-mail
Candidate role
on Project
Name of Assignment
Title/ Position
Organization
Telephone
E-mai I
Candidate role
on Project
Percent of Time I Estimated Project
Used for this Completion Date
Page 37 of
is
Exhibit D - Exceptions to Agreement (see Attachment 2)
o
Comment umber
in
C NIAli
Agreement
Fxception and Mationale
Suggested Alternate Language
1
10
12
13
14
15
16
17
18
19
Page 38 of
1,1ss9
Exhihil E— Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM C 10
For vendor or other person doing lAisiness %.vith local clovernm ental entity
J; qua-:kznr_n! r4.1,- -:� cr.� Fr. _"4i Z-. "'." Ili- k H 1. ;: 1:1;r, L "ar r,
0 -�EUC
FFI E Or ILY
This CIL] estionn a! rA is being filed in a ccordanre. .,.-fill Chapter 176 Local Governnlarlt Gcdc-
by a person -Mio has a business relationship as defined by Section 176,00 1- 1 -a o.vith a local
go..'ernmental e;ntity and the parson rne-.ets requirements under Section 176.01j6- a
BY la.'.' this qL1 estionnaire MILISt be filedv.,ith the records administratx of the local goivernill ental
M.1tity ne4 later III gin the Till business day After thie :late the v.c-rson iecCnies of farts
See Section 1%.00_. Local Gove-ri-inlent COC149
parson commits an offense if the person hnovAnqly violates Section 176.006, Local
Government Cocle. 4.n offalse Linder this section is a Glass G misdemeanor
uii-i (-. anc. d�� aajo c6N�)6,k&c/\_
rho,l.. this 1,: - -if -jou are filing an UJAIMO to 3 I)Se 10L]sli 111A.j cps.;tionnait a.
,The la.-i requlies that you file an updated completed qu-:stionnaiix with the appiopriate filing authodtj not
later than the 7th business clal aftei the crate the ojiginallj filedclu=-Stionnah= b—_om%=slnompt=_te or inarculats,)
Itoms otio,al or*u5m=s:;ieiau,:,n:;mp
N-1 A -
[his section ;i15m ' including subpalts A, 8 0, Illust bs cooll"Iet-2-d Iol each o"tcef with the filer has an
e-111ployment of othat Vusinass oaalati:qishija as c1zhn=_4 I-,/ ;r-ch-an 176UL.11- I -a-, Local G,:.:ArnjivW Code Attach ackliti.,wial
pages to this Foini Cl--- as It ACAssa7f.
.;-_ Is the local offi-aer nalil-cl In this I.?eeI.4n.g C-I libel; t.:, I-i..-.mel-.e ra�ablw oth-i than
ln-.-oma% flom the filer of the cluestionnah-:7
'I e5 (21)
S I r thz filej of tb -3 clu-stionnair =_ I i-cei. ing of lil- c 11 to I ar eire ta•abl-airn.atte nth si than in.*=stm5 nt imom_. h om of at the
elir - :ti"n of the I ocal p, aIrnni& lit 9ffic er n -a Iliad in this s s cti m Al ID th A ta � a F4 s ill - -:mis n-:4 re :-- i . a- -1 f om t i= Leal
y4s Ila
Is the filar of this questionnaire empl:.,sd 1), a corpisar;-4i of oth-i business Antic; vdth i-speci to -.-Aikh th=_ k-ar
a5 all offi.el of critz.:kc.l. -:,I lidds a -I of 0 1:.=Ir=nt •>1 111ole?
Yes 0.
nr bkiin-s-, th= 10 ri._,.Ainm4nt r4fi.-at nam-d in this sztip
Page 39 of
Exhihit F— Client deference Form
Project N'antc:
Ox%ner's Fame:
G, Fort
Owner Contact's Phone Number:
�8 Q- - %
Owner's Contact Name & Title:
� r'�mVx
f)pe of Contract (Desi(-,n. Bid Build, Design'BLIild. CN9 at Risk, etc.)
Engineers'Architect!Cons truction \tanage r's Name:
+
Eno ineerArchitect/Construction Manager's Phone Number:
Engineer,sArchitect/Construction Manager's Contact tiame & Title:
{,�}
Original Contract Value; G\IP of Project:
ij (pig .YJZ.m
Coat swill+_s ]dentiried:
( inal Contract Value of Project:
r�
,ti LZ7 7rJ%.a'
Project Des4ripti:}n:
irk
Y-
Original Project Duration:
Z1Q
Original Project Completion Date:
14 Z )g
Actual Project Complet i�:n Date:
Z
f �plaitatian f4�r 1atsF project cumplzti.�n datz or contract �alrte o�zn•uti, if applicable.
Page 40 of
-Ja21
List tMajor Subcontractor's; names, contact phone numbers
►. "1CC'—Tt✓nnwS Cf.. 'S', -: )7-14(,.7-CyArL
Gy C U Z ru - 657_ Ol 0 (to
Page 41 of
122
Exhihit G— Bond Forms
Pre -Construction Phase Services:
For Pre -Co Etst►•uctiOil Phase Seri ices. the follow ing insurance requirements are expected.
l-xcept for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy. the Cite, its officers. employees and ser%ants shall be
endorsed as an additional insured on Consultant's insurance policies.
Commercial General Liability
S 1.000.000 each ocainrence
S 1.000.000 aggregate
Automobile Liability
S 1.000.000 each accident (or reasonable equk'alent limits of covera e if mitten on a
split limits basis). Coverage shall be on anN' Vehicle used in the course of the
Project. y
Worker's Compensation
Coveraue A: statutorN limits
Coverage 13: S100,000 each accident
S500.000 disease - policy limit
S 100.000 disease - each employee
Construction Phase Services:
It is expected that Construction Phase Bon-ls and Insurance requirements shall be similar to.
if not the same as. current City requirements for standard Construction Contracts. These
requirements are available for re% ie%� in the Citv's CHAR RFP project folder found on
BUZZSaIN. If changes are required an addendum +\ill be issuer!.
Page 42 of
Exhibit H— Safety History Table
2017
2018
2019
A
f otal Lumber of Field \f l l-Hr;urs00
`7- vz"
310Jgecj 5
(o�{�D} `j
B
\'Umber of Recordable Incidents with no host time acci;lents
C
Number ol'Recorclable incident; with lost time accident.
0—
D
Total Recordable incident Rate (TRIR)
(B=C) x (200.000) l A
G
\ umber ofFatalities
�(
F
Publi�llzd 1-.\perience.loditication Rat: (ErMR)
r 7 y
'70
"7 1
Pt-O\Ide documentation to support the ab.s�e Experience Modification Rate information.
1 _ither of* the follo%� ing methods are acceptable:
Letter from itsurance a�LIent. insurance carrier. or appropriate hum ernment auencN
(on their letterhead) xerifvirl- the nlndification rate.
C ( opies ol'the I_xperience Rating Calculati011 Sheets liar each of the above \ear,
that \our inAn•ance carrier for«ards tO \oU allnualk.
If the -total Recordable Incident Rate exceeds 2.0 for an\ of the past three \ears. pro\ ide
OSI [A 300 logs for each of the pa,t three \ ears.
Page 43 of
2cbU
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If WORKERS COMPENSATION EXPERIENCE RATING
I NCC! Risk Name: DEAtl ELECTRIC INC Risk ID: 420235801
` Rating Effective Date:03:31/2017 Production Date: to 27-2,11E5 State: TEXAS
State Wit Exp Excess Expected Exp Prim Act Exc Losses Ballast Act Inc Losses • Act PriM-
Losses Losses Losses Losses
JTa .101 31,7011 53,124 21,423 0� 28,500: - 3,351,1 3,358
(0) Exp Excess
(D) Expected
(E) Exp Prim ' (F) Act Exc (G) Ballast (H) Act Inc
(I) Act PH
A(B)'
Losses (D - E)
losses
Losses Losses {H - I) Losses
Losses
i .101
31,701
53,1241
21.423 0� 28,500 1,007
1:007
Primary Losses
Stabilizing Value
Ratable Excess
Totals
1,007
(1 • A) + G ' (A) ' (F)
57.031
(JI
f c) _
0
C ' (1 • A) + G IA) - (C)
58.038
(K)
Expected
2i.423
57,031 3.170
u
81,624
f
ARAP , FLARAP SARAP MAARAP
f Exp Mod
I
i (J ) f (')
IFa�:ors
—
L- .71
RATING REFLECTS A DECREASE O= 70,'- MEDICAL ONLY Y Pit- I-MARY AND EXCESS LOSS
DOLLARS WHERE ERA IS APPLIED.
Carrier. 23939 - 000 Policy: U00117813 Eff-Date: 03 31'2016 Exp-Date: 03 3112017 1
.--c;t:.q-.I 1S-93-2^i6. h I • _ _ ar.?c Ta s p•x_c: s c-arcprs _ pia: cns and :...^a:cr. m^ , ra t e apde+sry and a(cfus::_ �J of We ";M,07- o�-a: an
: 3as••• I; S • _ Ira..1>J sa. dssea:r-2Cc,,�sa- as5E^r..g•i o sp -. cr .f iris crc..:c:. in ado'e cr in ra^ aJ b -ads •ri:rc_• ...? prcr r.::::�
_ ^-s•: ;CC . Th:s F ,dam-: is Lrrls^td •A3 ig -?s a.ai:a.. -W.:. al de'<Cs and 9rclAes ir,'.;rme. c- avalab!a a: tre J re of pcbl ca:icn oniJ. CCi ratan ro rec;.,�.^.ta: S Cr
-:as -f a,J t'cd : rg to the FrCC:.ce ar..?: atJ a<presslJ Staa.^s alJ a-e al arpras; r , r irr r.?dam wartes. ir. I r,a•� ' . s:a : J p c id rg .e.rp i. :rarraatJ c: me _aar,a =J nas3
cr a paa:c!ar pupC50?a^C:. aCy :oTFle:er a. "crass- 0: W:: - vans cf cry infxmatan or p:acr.ct : ^:3`adc:r:urca:. Ait:eSFC. ' J - r- cf
?ipr01)W.nad:'nmtgt t^e use of t.'e Fr%d•-f areire al, tp <_3^_d `:^.:.E S''aS Get Cay. :ab ...--sb.tt(fJr 2:'e L's?Jfa ,�, for 2'1'/a'da S�Si
a�} i is EJ
V - Pa�-A 1 of 2
31131
WORKERS COMPENSATION EXPERIENCE RATING �
ZVE01 Risk flame: DEAF! ELECTRIC IidC Risk ID: 42023580i
Rating Effective Date: 03131.2017 Production Date: 10'271201-, State: TEXAS
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Eff Date: 03%31.+2013 Exp Date: 03,31/2014
jCode'
.'
EhR D. .� Pa roll . ="Ez ected
!Ratio Losses
Ex Piam
Losses
Clafm Data
I
IJ
OF
'- Act 11ic
Losses
I Losses
1 0042
i.67i .411 10514051 1:7601
7221
99R0745075
05
I F
1 1.2571
1,257I
5190
i .441= .391— 179,607 2.5961
1.0091
5200
1.69! .41 485.6031 8,207
3.3551
15606
.321 .40 66,476F 213L
65I��
1
1
t I
1 62191
1.80�i .39'i 149,2001 2,6361
1,0481[I
I
I
1 8809 J
- .071 .3 x 178.285E—
.061—.39ji 98,979i 591_
--23
€I€
1 8810 1
ISubject I
Policy Total: - - 1,263,553Premium: -- 39,399;
Total Act Inc
Losses: 1,257i
l
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 29939 Policy No. 0001178134 Ell Date: 03�3li20f4 Exp Date: 013112015
Code
f
ELR ; D• Payro!{ -Expected
Ratio Losses
Exp Prim
Losses
Claim Data
IJ
OF
Act Inc J__Act Prim
Losses Losses
1 00421
1.671i Al 130,4791 2,179I
1 51901
1.441 .39 179.858 2.5901
1.0101
1 5200I
1.69 .-'rti_-- 623.151 10,531I
4,318--
5606
f .32; .40 64.756' 2071
6311
62191
1.80 39� 167.2521 3,0111
1.17411
1 1
1 1
j 82091
061 35'. 157.031'i001
35
I j
j 8810
1 .03 .39 125.802, 751
29;1---
I ISubject
!Policy Total: 1,438,339Premium: — 52,658Losses:
1 JTotal Act Inc
0 1
42-TEXAS Firm ID: Firm flame: DEA-NI ELECTRIC INC
Carrier: 29339 Policy No. 000117813" Eff Date: 03 31J2015 Exp Date: 03112016
Code
- .
'
ELR D Payroll --]Ex ected Ex Prim
P" #�i
RtiLosses Losses }Lo§sex
Claim Data
IJ 10FI.
ActIncActPrimP
Losses
00421
1.57 .4ij 100,317 1,6751 6571
6000931087
05
1 F 1 2.101' 2:1011
51901
1.44 .39' 1553,686 2,2131 85311
i I
--200 1
1.69 . 1 658054, 11.121 1 4.5801
I J
I E
I5606I
.32 .40 64.800 2�)7I $31'
#
I
t 62191
!
1.80' .391 1902488 3,4291 1,33711
1 e809
1 .06 .35' 153.397 931 3311
8810 , .03 .39 125,820i 751 2911
1 ISubject I
(Policy Total: 1,448,562 Premium: 53,0251(Losses:
Total Act Inc
2,101
py"5rt 1Y9' "a I ; cr - _S- c i' s P,�' ; Is co,p,isej o. :arsisa:icrs arc ir.:cr:r•a,.ca nicr a,? Ve p-ap-:at: and e : ui,g;rcp=ry of tre Nations: zcvc. 6^
_.n.na::cr.-=:r3nSter,Snrer,:dpsicpuG!.n.t0ia31rpar:.-ajtemade Cpr;r:,'.2zCcr-pe-R'."o1I"iL?rcA Irc Zi, ,f:rce/-se e:s5a
=^san '%CCl Tr..3 liv-isred 'As is'As
avaiiab!n aS ecm- aid ireP14?s in!cr atzr a'ra'Isola a:°!-2 tifnea: pypl Ca'_C9 or'-, Mmain rc:epres2-,i ters-
narte ! a-y k:.-C reta':ag tC !.^a prcCLC 2rC n2fa'�^] 9aprass'7 :3cia :n q arc at express, swit7 ; e.':r pl ad banraG . irc! S 9'e rp -31 :ra'raity of n'er:. av;a: �..t. I:
cra paecular pt.rpcs3 accuras}, co-p!e!eress, currentness orW'."rassof anainh:roa5ar, orp:E.Ctfc,rishad'er3.-d^r AI"espers•S= y fc•;he ;i;e a' a-d for �.•ya a: ra-s. !s
..:7 ar chta nad L%ra_gn tr_ .s: 0 tre • roduct are t're a-d users a KCCI net have ,y liabil ty Mve:a
TCa. by Po°cr Year of all cases UM, c• ess. U D-seasa Loss X £xa+acica: C_sera,e !, L$Lsi':r
C Ca:3S! JFnI, LOSS E E Vorers Uac ry icss a L•rla2^ LCSs
V- Pace 2o#2
)!32
WORKERS COMPENSATION EXPERIENCE RATING
/1JCC/ Risk Name: DEAN ELEf;i R"; 111C Risk ID. 42=1235P,01
Rating Effective Date: 03 3112018 Production Date: 10 17Z)l7 State: TEXAS
Stated -Wt .
:: Exp Excess
Expected
Exp Prim
Act Exc Losses
Ballast
Act lnc Losses
Act Prim
' Losses
Losses
Losses
1
Losses,
rx I .1ol
32,0111
53,0971
21,0861
01
24,7501
2,101
2,101
ii(A) (B)' (C)! zp°Ezcess ^(D) Expected (E) Exp Prim
(F) Act Exc (G) Ballast (H) Act Inc (1) Act Prim
iwt Losses (tl - E) Losses Losses
Losses (H -1) Losses Losses
1.101
I 32,011i 53,0971 21,036 0' 24,750! 6301 6301
Primary Losses
Stabilizing Value Ratable Excess
Totals
I(1)
IC ' (1 - A) _ G I (A) ' (F)
I (J) I
IActaal
I 630
53,560 0
54;190
(E)
C ' (1 - A) _ G (A) ' {C)
(K)
Exoe:ted
I 21,086
53,560 3,201
77,847
ARAP FLARAP SARAP MAARAP
Exp Mod
i (
l
(J) / (K)
Factors
.70
RATING REFLECTS A DECREASE O70'c MEOICAL ONLY PRIMARY AND EXCESS LOSS j
DOLLARS INHERE ERA IS APPLIED.
lCarrier: 29939 - 000 Policy. CV)Dl17813,1 T Eff-Date: 03131/2017 Exp-Date: 033i?20181
r :a-c la:a-s a- dr,'cr-a:. _ . a: a: / a ,3:r3 t [!""� c! * x ` a'a -
_-pe",a-:- a-s,rn`ca I. ��.�' F� _a. rat: cr. 'sale, [ra sla as,srrg . cis; 3::r C n sp =d.el i^ -e a ^rT: -ar be Ta .-aut :r_ -,r. •.: --
-+C: • 3 ,s •.3a' a'. �sd:i= - Cis -d irlciJ"S=3 :r`'_rT.'e''^• 3,a-`abla a. • - •' p� ' '9 J :C -a s' ' eson!a'r p' Cs: _ DeCY. n n` Ir-�o7 `r0^yr
Aa: _ .` a-, n. d [e'a'rg ;^, l`e prC _rd fveb; a (press;; :1 5IBi7.5 3 arc a: rasa. s:a:J:wj wr l,3"ar: - rri.� i a o '!te y _'fa:•[ C! ^•elC�2�i2_,
Iv a : Wa PIT-sa =wac/. c0"p a:? '. G, nl^?S3 0"cone=fast 0: wy lr.:= T.a:l9r Or Fr_dL :1L'-.S`k 1--vea,de ,Ai •ts:re : ; 'w *e _se o? a r -d a l:_ s
"I?dC ed::roug` 1'e :use of; ep'0d•...-_. -.,. 3 a' ••.-•?3 a -'-a-?. 'd �0 any sJ
us?r'a 3'C P. v�.l a I r_ ,!li ,F,if.;/ t
WORKERS COMPENSATION EXPERIENCE MATING
/ rcf Risk Name: DEAN ELECTRIC 410 Risk ID: 42023580
Rating Effective Date: 0131r2018 Production Date: 101712017 State: TEXAS
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC I+1C
Carrier: 29939 Policy No. 0001178134 Eff Date: 03/31/2014 Exp Dale: 03.3l/2015
Corse
ELR i. •D•_ Payroll Expected
RRatio Losses
Exp.Prim
Losses
C1a-lm D
I ]-11
OF
= Act Inc Act Prim
Losses Losses
( 0042
I 1,741 41130,479 2,2701
93111
5 t 9U
- -�
1.361
-_-
� 39 r 179.868 --2.446--�-
- � 954
-- - �--_
I
1
5200
1 1.581 40r 623,151 i 9,8461
3,938
- --
5605
f .311 .381 64.756' 201
I 761
L�
I
1 -
6219
1 4.72! .33F 167.2521 2.8771
t,09311
t8809
f .05 j ;<i 167,031
=------
f 84
- -
29
- - -11
2.3
_I---i
1
'
I
J
6810
I .051 .371- 125:802 631
---------- --
(Subject
Policy Total:-- -- 1,456,339,Premium: 52,658.
I JTotal Act Inc
Losses: - U: J
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC INC
Carrier: 2993`3 Policy No. 0001178134 Elf Date: 03!31,2015, Exp Date: 03,31/2016
Code
ELR I D- Payroll Expected
(Ratio Losses
Exp Prim Claim Data
Losses
IJ
OF Act Inc
Losses
Act Pr1m
Losses
0042
I 1.741 .41j 100,3171 1,746
71660i,0981037
'05
I F I 2.1011
2,1011
5190'
136' .39 153.686 MY)�
5200
I 1.58' .40r-- 658.054 i -- t 0:3?7
{
5606
I .31) .38 64,800, 2,111
76,
JII
6219
I 1.72 .38, 190,438; 3.2761
1.245€1
8809 I .05--3-1 155.397j 78°
- -- --27i�I
2810 .05 .37 125820,--53------- 23'l___--_-_...._`__. i i------�- - ---
SubjecE (Total Aci Inc I
-i
onlln„ TM. 1- i a to 99') Q.er.,i,.n•,• C� nn_, I ,.... -- n -4: i
42-TEXAS Firm ID: Firm flame: DEAPI ELECTRIC i%C
Carrier: 29339 Policy No. 0001178134 Eff Date: 03 31'2016 Exp Date: 03 31 '2017
Code
ELR Payroll
Ratio
Expected
Losses
Exp Prim j Claim Data
Losses j
IJ
OF
Act IT-7Act Prim
Lasses f Losses
0042
1.74 .41,�T
149,-68
2,5961
519U�
1.3: .39
139,92'.
1:5 3 74�1 l
5200
I 1 58' .40
870.284
12 644 5,058f j I
, I
55)5
.31 .38
9-9 773
2 16 1 E2:
U
8309
05 .34
125,470
531-
$810
A5 .37
74.477,
371 14,1
iSubject i (Total Act Inc
Policy Total: 1,359,096;Premium: 50,131 j ILosses: 0
--::c_p:cr 1553-'e :'?� rf,-: _ scor-F'scC a�^,•'e:'crs a.C.,.,_ a:-.ra,97-ec_p,'ja-Cra_s,.=_;:np?rtf o'!:e t-.a: cn?Ccj,ca ,r
-3r-P rsa'. - I'sL'.= - •^c �.^ .r _s_ 5e.^''a, ,, --a e l gr.L' .h a �r> Ir --. F ;,r . Ma/ L -ada 47,I-C l (7z
s 4.rn s .d'�s s -s aia ta.. +-n al d =s a'd I _..s u • aJc^ aialao._ a C rapre3e^wC .-i
_c'_ci arc ^a'eL, @tyre'":o j : i_Id'TS a�J a-] 3'I`3 err?sa, 5:a'_ - , c.':^Pi?d Nat'a-.13 '^ .�fg J'@-r^P!f?] .v3"a ::J�J� frefc^d:"a_•: y+ ',-ass
`Or; P3 �icU�dr Y :PGSB aceUraci ;; ?Pwafess. curren tress cr cx-zsi-azs c4 a'J ,n-']rr'a: 7r P•od.a :4•'. ar:@'] <`s.'?.rder A' •. 3'i.'.rS Siiilr �.^,r lt? •,rai cf 3n� �^^+f drJ a''^. awl r35. �5
L'e c;e o't• aC�. _. ,,.xa a-d .,, ser�,iC•�'s^a'I rci hz.._ Jtaar :J,._en
- To:a: b,, PC i'y yea' Cf 3:1 Cas?3 Szc f. Cr 855. O Dsa3sa Los3 X Ei:S'ec L7; C--a'ace, U-SLL-i7:
C CA an'-x" c LCS5 E Erp oyvs L act-, L-as - - s] LCe6 -
V- Pace 2u'2
kx34
WORKERS COMPENSATION EXPERIENCE RATING
lUfC1 Risk Name: DEAN ELECTRIC INIC Risk ID: 420235801
?ram'
Rating Effective Date: 03`31'2019 Production Date: 10, 15 2018 State: TEXAS
State Wt
Exp Excess Expected
Exp Prim Act Exc Losses Ballast
Act Inc Losses Act Prim
I Losses Losses
Losses
I Losses
rx .101
31,950j 51,6061
19,6461 01 25,1251
2,1121 2,112
J(A)
(B).
(C) Exp Excess I (D) Expected I (E) Exp Prim
(F) Act Exc
(G) Ballad 1 (H) Act Inc
(1) Act Prim
Wt
Losses (D - E) Losses Losses
Losses (H -1)
1 I Losses
I losses
1.10
L 31,960E 51:605i 19,646 01
25125, 6341
634
(
Primary Losses
I Stabilizing Value Ratable Excess Totals
(I)
IC ' (1 A) G , j (A) ' (F) j (J;
jActuai
634
j 53.889 j 0 j 54,523
Expected III
—�
19,645
53,889 3,196
76,731
ARAP FLARAP j SARAP FAAARAP
Exp FAod
!
(J) r (K)
Factors
71
RATUNG REFLECTS A DECREASE OF 703. i,1EDICAL O',ILY PRUNJARY AND EXCESS LOSS
(DOLLARS ItV1-IERE ERA IS APPLIED,
Carrier: 26939-003 Policy: 00011781014 -� — Eff-date: ''i 31.2018 Exp-Date: 03.31.2019
__ `Is:_ s : — use -- - - - T2( •' n" 3_s ; r: .i3..^-a' •• re:
' 3 :5'cr :`!sr_ LC:. r. ^ a• x, ix •1-1_a'ti
6-li'avi .I,^ -I a, c,3-a' C 53.5 f�L.;-3:_t1 Z/dVd''B2!r- -CL"^JJ r',%I ^Ic 23/ a4 13.z ,_. t1 C1S r?�g:1 „ T^:i - n.;R. a ';1 �,} .•-c^.-• _7 •r .raF.r. p ., 2 -.}i 71! r C .'.]. 2 C•.� C /f:: ?i!:/
1..-5 a-'J arc 3' a ePt_35, Cr ! Nd:•1':.?3 L _ t-,^,'?CM.v3,ra J C. Tar_r3-•air :) I:^!33 tc 3 -: - -�.3: F-'r'Cs_ a =Lta.i _ t^.55.. _'1r_33C
I: >++. C:c -3•.• COr,;]-.e: :Ce T• - _c! .:0 !'e :ralcr: a:r?at??r a. L!Jse�?!JS:vaPr M.f '. :6'C.17•!Cr•3_0: rl.".
I.ft: IJ' d•/':r: jlS3 irt: r'r ':'�I-',: id'9:/ 3 �rt:ry l: .?� cLs®5 F.I r. a. / ~ . � ��^• � � ?.-1.-9�c4 r:r�:S?52^C sdl fct C^
1-3:-f_•��a' --a-a `!9r�01.-, a+ •',a" '3 i ;rs-::•� :.1? ,s? : _ • 3+! 2"C I r?i_ ti t=r r _ .... ;Yr..§` 2:N .I :'f -:1
Pagel 1 of 2
35
WORKERS COMPENSATION EXPERIENCE RATING
!flCC! Risk PJame: DEAN ELEC T RiC INIC Fisk ID: 420235801 1
Rating Effective Date: 0321112019 Production Date: 10 15'2018 State: TEXAS I
42-TEXAS Firm ID: Firm Name: DEAN ELECTRIC IMC
Carrier: 29339 Policy No. 0001 i78134 Elf Date: 03 31y2015 Exo Date: 03GIPM16
jCode
1 0042
ELR I D- Payroll Expected w
IRatiol�-] Losses
1 1.701 .40, 100,3171 1,7051
Exp Prim
Losses
682
Claim Data
!
60009810$7
IJ
03
OF
1 F
:. Act Inc
Losses
1 2,1 i2j
Act Prim
Losses
2, i 12
15190
5200
1.191 .33 153,686f 1,8291
1.49: 38 658,054€A T- 9,805I
695
3.726
I
-
5606
I .291 .33. e4,800j - - - i d8I
71
62191
18809 I
1 8810 1
1_531 .351 190:438i 2 9141
.051 .31I- -- 155,3971 -- 781----
1,0491
- 241L_
— -- -_ i
-I
I-
---- ---- -- �_
.041 .40; 125,8201
1
-�-^� ISubject - ---- 1
��Total: ,448,562 Premium: 53,0251
Total Inc
Losses: 2,112{
- -
42-TEXAS Firm ID: Firm Name: DEAid ELECTRIC I IC
Carrier: 29939 Policy No. 0001178134 Eli Date. 03/311201 E Exo Date: 03 31t201 7
Code
ELR D- Payroll Expected
�Matio Losses
Exp Prim
Losses
Claim Data
!
id
IOFI:,
Act Inc Act Prim
Losses Losses
0042
I 1,70' .401 149.1681 2,5361
1.0141I
5190I
1,19 .38' - 133,9241 1,6051 63311
5200
I 1.49' .33 600.234;
56061
.29.38,_ c9.773 2021
I
!
! —
8309
-7i
1 .05; .31 i 25.470 631 2011
I
I 1 I
3810
1� 04'1 .40, — _ 74.477 t -- '91 - ''-
ISubjectTotal
Act Inc
Policy Total: 1,359,096 Premium: 50,131
Losses: -- 0..
42-TEXAS Firm ID: Firm dame: DEAN ELECTRIC IPIC
Carrier: 29939 Policy Pao. 0001 178 i 3-= Eff Date: 03 31,2017 Exp Date: Os 31 2018
!Code ELR D- 1 Payroll I
I00421 1.701 .401 147.912'
Expected Exp Prim j
Losses Losses
2:5151
-- -
Claim Data iJ of Act Inc Act PrimRatio)
Losses Losses
1 5190 i 1.19
.33
164.906
i.5321
7461
j 5210 I 1. 9�.3s`
621-000'
12.23.1
4.64911
-606 I .29
.33
83,045
24
—
621P ! 1.53
.35
i05,511:
I.6t41
II
I I
_
3309 05 .31 :2.400i— 31
881 C 1 .04'
.40 '
49.749'
20 i
81
I ! 1
Policy Total:
ISubject
1,434,613,Premium:
55,1911
jTotal Act Inc I i
Losses: p I
Ct T &:" t yl
ft i,it :t w •- 4 "'S,1 oat .•.:t:: ^ai't t. f. •ry
i ft i!' Y -_3 _ ia•ii"0 rtt i•tu�`i� K .r1 Jh..:l r,.i "ta"'i30 i:-f p'ir'7 7 Y,r n": rex'ya tCt'!jJ- t.0 t'OC3 l.. ls!-7 1
. i:ir"',01'y t'c all n"res. sr,.rr a rG'tl e0 t:"tJ �t..6 g;ke—c�r_�1:e"r: T*'-1a,c0'"y r••tu ft aet"-t�arexacse. e__.rt;( s7^.'�Y'r^tie .:rtr.A-tra rs'.r. sc; Oss s'r0 p
rar��es ak'e mil �r et
-lfl rC Ffd i. 'y'C05 S. i-.Ea tx r7feE 19 IPTt 4::^,1.f i "ii..
i.`!: rr:_'=_.ts -rtFYs#.a�..' VT V 1A iC(■}: Y,rtfl.s3Y'.t11�0C'**C'ffii,''1 IFi 1.it
1'dl':Yi?�r]_`_`=[-tl:�tsj'4X�`I7�JT.'M-'.a..: d•r °S.. xt_� 1
' T-W by ftily Y!R' :'a'!t)rl: StC9G _r!94-Y C 0,"as5 �;SS xc:-`Je&mnl Caa"q-;q v LS'.i r
p'.Lai ,L Lsi Pagz20'2
3 IF36
Exhibit J - Evaluation Criteria
1. Cover Letter
2. Forms and Certifications
Proposer's Corporate Experience and Financial Stability:
related GMAR and non-C\9AR project delivery experience,
including safety record. self -performance capabilities. financial
qualifications. corporate history of litigation and the forms of
dispute. and history of completing projects on time. The Firm can
demonstrate relevant and recognized project deli\er� experience
through using various project delivery techniques and best practices.
The Firm explains the benefits of that experience in terms of value
for the City's project and provides a current Company Financial
Statement.
Pass!Fail
Pass/Fail
\9aximt1111 10
points
-I. Pricinb %;Iaxiczlum of CNIAR services (Pre -Construction Services Fees) points
.5. CNIAR Qualifications and Experience of Key Personnel
(RELEVANT Non-GMAR experience acceptable): Demonstrated
results and success \\ ith of projects of similar sire and scope (CNIAR
and \on -CHAR Experience): Proposers relevant experience in
project delivery including: \ alue engineering. constructabitity
revie"vs. value analysis and best practices in construction deliver\
methods (desisn'61c build. construction management at risk and
clesi{7n-build) and associated I're-Construction Services. The team's
value proposition is clearl\ communicated through experience.
results and assigned roles and responsibilities.
CNIAR and non-CNIAR experience is recognized when the team can
demonstrate experience in various delivery techniques and. explain
the benefits of that experience in terms of value for the City's
1)ro]ect.
Include Client References for Similar Work Perfiornled and Proposed
Project Team's Capacity, experience and workload
Page 45 of
N-laxilllum -10
point,
..38
6. Project Approach
Construction Approach: Tearn's approach to quality
assuranCC/gUallt)e control during construction. approach to dealing
Maxin1U111 15
with Project change orders/Field Orders from sub -contractors.
points
dealing with delivery impacts (i.e. adverse weather. operational
issues. etc.), %%orking xvith stakeholder and customer communities.
and achievins project close-out to meet or exceed construction
v
timeline.
\ITIdI11U111 15
Pre -Construction Services: Tearn's approach to performing pre-
p� ,ints
construction phase services, integration with the Owner's design
firm. controlling schedule and budizet to meet GNIP and elect or
y
exceed deliver% timeline.
9
QA/QC and Safety Plan: Demonstrated development and
implementation of Quality Assurance/Quality Control and Wet% Aiaxilnulll
flans to achie%c successlLII projects. points
Cost and Schedule Control: \-IanaYved and controlled costs and
schedules %\ith a chanve mana�izement proces,. Addressed 0%%ner- �laxnnum ?�
initiated requests points
7. Compliance ivith the Business Diversity Enterprise Ordinance:
Acknowledge and commit to meeting, the overall diverse \IBE< Loal I\laxinuun 5
and present its preliminary NIBE Utilization flan points
8. Special Considerations: Proposers completed roadway projects ikga\innun
Nvith the City of Fort «`orth in the past 5 rears.
points
Proposer's responsiveness to Request for Proposal Yes/No
Page 46 of
,139
DEAN ELECTRIC, INC.
FINANCIAL STATEMENT S
AND SUIIPLEiNIENTAR1' SCIIEI)ULI?S
`ears Entled ;`larch 31, 2020 and 2019
with Independent Accountants' Reviei% Report
40
DEAN ELECTRIC, INC.
FINANCIAL STATEMENTS
ANUSUPyLEMFNTARYSCBEDULES
\xorx Lndxd }luoh 31,ZO20and 2019
Table o[Con ten W
Independent &ctpmxum,)'0xvleuRopww.................. .......... —....... ------.----.
\
HmncbdSlate*ents:
BukioceS.cu"....... ----........... —_—,............ ................... .......... .............. —_
3
SmleuansoyUmmvtiousunJOxx�e^inSmckb�dcr'�q'i1>.-------.-----.
4
Sm|mnenvnr Ca�11 1:|vw*.......................... ........ .......... ........ —...... .............. ...............
�
Noe*iwFioonc|o|Sm(amw-xa--................ .... .................... ... ---'—.------
6
SlIpplemwm*ry ScheJvh:s:
Schedules oyEarnings nnm[nn,mr6—.------.—_----' ----------.
|8
sch*d'Jesoycoumcs Cnnyleied...... ....... --.—.............. ......... . --.................... —.
19
Schedules of Contracts in Progress ....... ....... --.......... --........ ... -............................
21
Schedules o/Notes Po>whle............. .... ... ...... .......................... —.......... ............. ... —.....
23
so
whitieypenn
INDEPENDENT ACCOUNTANTS' REVIEW REPORT
To the Stockholders of
Dean Electric_ Inc.
6a0 ra; to r I'veet
5::ite 2200
Fo(OPlorth, Tzos 76102
917 259 31CO Mam
We have reviewed the accompanying financial statements of Dean Electric. Inc . which comprise the
balance sheets a_ of March 31, 2020 and 2019. and the related statements of operations anti changes
in stockholders' equity and cash flo"s for the years then ended, and the related notes to the financial
statements. A review includes primarily applying analytical procedures to management's financial
data and making inquiries of company management A review is substantially less in scope than an
audit, the objective of which is the expression of an opinion regarding the financial statements as a
whole. Accordingly, kve do not express such an opinion
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements is
accordance with accounting principles generally accepted in the United States of America
this includes the design. implementation, and maintenance of 'internal control relevant to the
preparation and fair presentation of the financial statements that are free from material misstatement
«hether due to fraud or error.
Accountants' Responsibility
Our responsibility is to conduct tht revie« engagement in accordance kith Statements on Standards
for Accounting and Review Services promulgated by the Accounting and Revie�s Services
Committee of the American Institute of Certified Public Accountants Those standards require us to
perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any
material modifications that should be made to the financial statements for them to be in accordance
with GAAP. We believe that the results of our procedures provide a reasonable basis for our
conclusion
Accountants' Conclusion
Based on our revie«. we are not aware of any mateiW modifications that should be made to the
accompanying finan;ial statements in order for them to be in accordance %ith GAAP.
A member of
Nexia
lrte•nat onel
.442
Other �Vlatter-
The accompanying supplementary information is presented for Ixrr•poses of additional analysis and is
not a required part of the basic financial statements. Such Information is the responsibility of
management and was derived from. and relates directs\ to. the underlying accountings and other
records used to prepare the financial statements. The supplementary information has been subjected
to the review procedures applied in our review of the basic financial statements. We are not aware of
any material modifications that should be made to the supplementary information. We have not
audited the information and do not express an opinion on such information.
hors worth. 'Texas
May 13. 2020
Ate`
Dk \\ L1.F.C:-111IC, I\C.
B kt. k\CE' SHF,E? rS
Assets
Current assets:
Cash and cash equivalents
Accounts receivable. trade
Accounts receivable. related park
Retaitta2e receivable
Contract assets
Income tax receivable. net
Employee advances
Note receivable, related party
Prepaid expenses
'total current assets
Property and equipment. net
1 oral assets
Liabilities and Stockholders' Egttit}
Current liabilities:
March 31,
2020 2019
S 1.021.283
2.085.261
977,917
288,236
?2.394
12.651
10.050
S 926,002
1.155 261
65.000
81.745
26.641
75.585
4.749
6S6.631 6 14273
5 5.115.685 S 2.870.286
:accounts payable. trade
S 1.762.018
5 610.065
Retaina;;e payable
586.476
56.338
Accrued liabilities
53,729
70.557
Contract liabilities
276.503
209.993
Current portion of notes payable
59.322
57.715
Total current liabilities
2.738.04S
1,004.668
Deferred tax liabilities. net
135.857
61,893
Notes payable. net of current portion
354.126
408.572
Total liabitilies
3.228,031
1.475.133
Commitments and continsencies
Stockholders* equity:
Common stock Class A Toting - S I par value: 10 shares authorized:
l0 shares issued: 3 and 3 shares outstanding. respecti%eh.
10
10
Common stock Class B Non-Votim-, - S0.01 par value:
990 shares authorized: 990 shares issued: 150 and 175 shares
outstanding. respectively
10
10
Paid in capital
33.96S
33,968
Retained earnings
2.745.198
2 207.197
Less treasury stock, at cost: 7 and 7 Class A shares. respectively:
and 840and S15 Class B shares. respectively
(S61,532)
(846.032)
Total stockholders' equity
1.917.654
1,395A 53
Total liabilities and stockliolders' equip
S 5.145.6S5
S 2.870.286
See inclependem accountants' revie" report anci accompanying notes to financial statements
DEAN ELECTRIC, INC.
S7 ATENIF.\TS OF OPERATIONS AND CHANGES IN STOCKHOLDERS' EQUITY
Year Envied `larch 31,
2020
2019
Re-enues
S 19.410,169
S 8.976.524
Cost of sales
17.579.381
8.376,221
Gross profit
1,830.789
600.303
General ant( administrative expenses
L 157.804
917.137
Income (loss) firom operations
672,984
(316.83.4)
Other income (expense):
Loss on sale of assets
-
(5.819)
Interest expense
L12.166)
(45.377)
Other ulconie
8.733
38.878
'Total other income (expense). net
(3.=433)
17.682
Income (loss) before provision for income tapes
669.5;1
(299.152)
Provision for income taxes:
State tax expense
(4.895)
(18.810)
Cw-rent 111.1, benefit
(52.691)
27.917
Deterred tax benefit (expense)
(73.964)
63.219
Total provision for income tapes
(131.550)
72.326
Net income (loss)
>38.001
(226..826)
Stockholders egUity at beginning of kear
1.395,153
1.6 37.-479
Purchase of treasury stock
i 15.500)
(15.500)
Stockholders' equit} at end of�ear
S 1.917.654
S 1.395.153
See independent accountants' revie%\ report and accompanying notes to financial statements.
4
AO
DEAN ELECTRIC, INC.
STATEMENTS OF CASH FLOWS
Yeat- Ended Mnreh 31,
2020
2019
Operating Activities
Net income (loss)
S i38.001
S (226.826)
Adjustments to reconcile net income (loss) to net cash
provided by operating acti,,ities:
Loss, on disposal ofequipnlent
-
5,819
Depreciation
73.615
67.268
Deferred tax expense (benefit)
73.964
(63.219)
Chances in operating assets and liabilities:
Account and retainacye recei\ able
(1.826.172)
1.340.940
Accounts receivable. related party
65.000
(65.000)
Contracts assets
(261.595)
490.589
Income tax receivable
52.691
(67.917)
Employee advance
(7.902)
(4.299)
Prepaid expense
(19.732)
13.682
Accounts and nmainage payable
1.682.091
(1.179.435)
Accrued liabilities
(16,828)
29.859
Contract liabilities
66.510
94.172
\et cash provided by operating activities
419.643
435.633
Investina Activities
Advance on notes receMible. related party (25.000) -
Collections on notes receivable. related party 14.950 -
Purchasesofproperty and equipment (145.973) (5.629)
Net cash used in investul; acti%Mees 056.023) (5.629)
Financing Activities
Payments on notes payable (32.839) (62.836)
Pltrcllase oftreasurc stock (15.500) (15.500)
Net cash used in financillg acti\ities (68.339) (78.336)
:et increase in cash and cash equi��Ilent; 195.281 351.668
Cash and cash equivalents at beginning of ea, 826.002 474.334
Cash and cash equivalents at end of year S 1.021.283 S 826.002
Supplemental Disclosure of Cash Flon Information
Cash paid during the ear for interest S 12.166 S 15.377
Cash paid during the ear For federal income taxes S - S 75.585
See Independent accountants revim report and accompanying notes to financial statements.
5
446
MAN ELEC-rtuc, ENC.
NOTES TO FINANCIAL STATE INIFINTS
March 31, 2020 anti 2019
A. Nature of Business
Dean Electric, Inc. (the "Company") %%as incorporated in Texas in 1984. file Company construct,
pUblic parks and ball fields primarily for municipal governments and school districts.
13. Summary of Sign ificatit Accounting Policies
A summary of the Company's significant accounting+ policies consistentl% applied in the preparation
ofthe accompanying financial statements follo%%s.
Basis of Accounting
I lie accounts are maintained and the accompanying financial statements have been prepared using the
accrual basis of accounting in accordance \s ith accountin�.4 principles generally accepted in the United
States of America ('-G AA P").
Use of Estimates
The preparation of financial statements in conformity %\ith CiAAI' requires management to make
estimates and assumptions that affect certain reported amotmts in the financial statements and
accompanying notes. ACIUaI results could differ from these estimates and assumptions.
Cash and Cash Equivalents
The Company considers all highh hq,ud investments kNith a maturity- of three nnonths or leis Mien
purchased to be cash equivalents. At Nlarch 31. 2020 and 2019. the Company had no such
investments. The Compan% nlaintain�, deposits in one financial institution. ahnch may at times
exceed amomits covered by insurance provided b} the U.S. Federal Deposit hlsurance Corporation
("FDIC"). The Compan\ has not experienced an} losses related to amounu in excess of FDIC limits.
Sales Taxes
The Company includes sale_ taxes as a line Item at the point of illVOMng ctutomers for taxable
transactions. These taxes are recorded net (excluded from revenue and costs) to a payable account.
At the point of renlitting the taxes to the proper authority. the payable account is relie\ed.
A7
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATE!1IENTS (con inued)
13. Sttntntary of Significant Accounting Policies — cotltintte[I
Accounts Receivable, Trade
Accounts recei%able. trade are recorded when sales invoices are issued and are presented in the
balance sheet net of the allo%%ance for doubtful accounts. Accounts receivable are Smitten off %%heft
tile% are determined to be uncollectible. The allo%%ance for doubtful accounts is estimated based on
the Company's historical losses. the existing economic conditions in the industry; and the financial
stability of their custonlers. The Company considers accounts receivable balances to be fully
collectible: accordinal%. no allowance for doubtful accounts leas been established as of March 31,
2020 and 2019. If accounts become uncollectible. they gill be charged to operations when that
determination is made. -file Company follo%%s the practice of filing statutory liens on all construction
projects %%here collection problems are anticipated. file liens serve as collateral for accounts
receivable. trade.
Retainage Receivable
Retainave receivable represents a portion of the contract amount that leas been billets. but for «hick
the contract allot%; the cttstonlLr to retain a portion of the billed amount until final contract settlement
(gellerally �% to 10% of contract billins}}s), Retainage is not considered a siglnilicant financing
component because the intent is to protect tilt' Customer. Relalllage that has been billed, but is not due
until completion of performance and acceptance b% custonlers. is recorded in the accompan} ing
balance sheets as a current or lone -terns asset depending upon management's estimate of %%hen the
contract %%ill bL completed and tie amount %%ill be paid b\ the customer.
Property arid Equipment
Propert\ and equipment are can ied at cost. Depreciation is provided on file straight-line nletllod over
the assets' estimated service live, The cost of assets sold or abandoned and the related accurlltdated
depreciation are eliminated front file accounts. ant! an% �Alains or losses are reflected in the
accompam ink-talements of operations and changes in stockholders' equiv, of the respecti%e period.
Depreciable lk e- of assets are stated below:
Estimated
Useful Liles
Construction equipment
10 years
Furniture and fixtures
10.ears
Transportation equipment
5 - 10 %ears
Office equipment
10 %ears
Leasehold improvements
39.5 years
,48
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATENIlir`TS (continued)
13. Suntmary of Signilicatit Accounting Policies —coil I in it cd
Long -Lived Assets
The Conlpan% evaluates its long-lived assets for impairment whenever events or change� in
circumstances indicate that the carrying amount of an asset ma% not be recoverable. Reco,,erability
of these assets is measured by comparison of their earning amounts to future undiscounted cash
floes that the assets are expected to generate. If long-lived assets are considered to be impaired. the
impairment to be recognised equals the anlou1111 by which the carrying, value of the asset exceeds its
fair market value and is recorded in the period the determination was made. Based Upon
management's assessment. there was no impairment of long-lived assets at Nlarch 31. 2020 and 2019.
Revenue Recognition
The Compam's construction revenue is derived from contracts %%ith customers. and the Company
determines the appropriate accounting treatment for each contract at the commencement of eacl
contract. Revenue is earned based upon all aUreed Upon fixed price with the ctrstonler over time a
the construction, pro-resse.
The Compare} accctunu f`Or a cOn$tRW0011 contract %%hen: (i) it has approval and commitment irom
both parties. (ii) the rights of the parties are identified. (iii) pamntent ternis are identified. (iv) the
contract has commercial substance. and (v) collectability of consideration is probable. The Compan\
considers the start of a project to be when the above criteria have been met and tit,- Compam has
%%ritten authorization from the custamer to proceed.
As the Company ha: a contractual right to payment for wore: performed. revenue is recogntZed OWl'
time. Under this metltod. revenue recognized is measured principally by the costs incurred and
accrued to date for each contract as a percentage of the estimated total cost for each contract at
completion. 4
Contract costs include all di.cet material. labor. and indirect costs related to contract performance.
Changes in job performance. job conditions. estimated contract costs and profitabilit%. and final
contract settlements may restc`t in revisions to costs and income. and the effects of these revisions are
recognized in the period in txhich the revisions are determined. Provisions for estimated losses on
uncompleted contracts are male in the period in tyhich such losses are determined. This
measurement and comparison process require updates to the estimate of total costs to complete the
contract. and these updates may include subjective aasessntents arxf fndgments.
The transaction price for the Company's contracts may include variable consideration. XXhich includes
changes to the transaction price for approved and unapproved chancre orders. claims. and incentives.
These variable considerations are estimated b\ the Compam as construction progresses and are
accounted for as a modification of the existing contract and performance obligation.
DEAN ELECTRIC, INC.
NOTES TO FINANCIALSTATEMENTS (umlinuerp
13. Suill nlar►- of Significant Accounting Policies — continued
Revenue Recognition -- continued
The timing ofcustomer billings is unerally dependent upon advance billing terms. milestone billings
based on completion of certain pleases of work. or %%hen services are performed. Generally. under the
terms of the contract. the customer makes progress payments based on quantifiable measure of
performance by (lee Company. Progress payments. generally net of amounts retained. are paid by the
customer over the duration of the contract. -file asset. "Contract assets." represents revenues
recounized in excess of amounts billed. The liabifitN. "Contract liabilities." represents billings in
excess of revenues rem-mized.
Income Taxes
Deferred income taxes are determined using the liabilit% method in accordance l%ith GAAP. Deferred
tax assets and liabilities are recogn�zed for the future ta% conseguence> attributable to differences
between tile financial siatement carrying amounts of existing assets and liabilities and their respective
tax bases. Deferred income taxes are measured using enacted tax rates expected to apply to taxable
income in %ear3 ill «hich such tempos-V diftcrellces are expected to be recovered or settled. The
effect on deferred income taxes of a cilan41C ill tax rates is recognl%ed in the accompanying statements
of operadolls and changes in stockholders' egui1% of`thC period that includes the enactment date.
GAAP prescribes it comprehensive model for the financial statement recognition. measurement.
presentation. ,in(] CIISCIORI c of uncertain tax positions taken or expected to be taken Ill income tax
returns. l he Company clan>Ilies ail% interest recognized Oil all nn;lerpaylllent of income Ilexes as
interest expense and ciassihes ally statUtor% penalties recognized oil a tax position taken as !general
and administrative expenses. Millagelnent does not believe beat it has taken a tax position that. if
Cllallen2Ccl. would be expected to have a material effect on the financial statements or the effective
lax rate for (lie year ended March 31.2020.
The Company files income tax returns ill the United States federal jurisdiction slid tile state or Texas.
The tax years llhtch remaill Subject to potential examination by major tax jurisdictions as of
N4arch 31. 2020. include each of the %ears from 2017 throu?h 2019. The Compam has not incurred
am penahies or interest related to such tax return: and there are current]% ilo i'cturlli under
examination.
Advertising
A(hertising costs are expensed as Incurred. The Coillpam did not incur all\ adhertising expense for
the years ended \•larch 31. 2020 and 2019.
.50
DEAN ELECTRIC, ENC.
tINGTES-f0 FINA1CIALSTATENIENTS (coatinueel)
B. Summary ol'Signilicant Accounting Policies — continued
Adoption of New Accounting Standard
During, 2019. the Company adopted Financial Accounting Standards Board Accounting Standards
Update No. 2014-09. Revenue frum Contive11 u'ilh C'uslomv-s ("Topic 606"). which supersedes
nearly ail existing revenue recognition guidance under GAAP. The core principle of Topic 606 is to
recognize re%renues when promised goods or services are transferred to customers in an amount that
reflects the consideration to which an entit} expects to be entitled for those ,00ds or services. The
new revenue guidance defines a five -step process to achieve this core principle and. in doing so. more
judgment and estimates may be required within the revenue recognition process than are required
under existinu GAAP. The guidance requires improved disclosures to help users of the financial
statements better understand the nattire. amotmt, liming, and tmcertaintl of revenue and cash f3o�%s
arising 11'0111 contracts «ith customer;. The Compari adopted this guidance using the modified
retrospective approach on JatlUat'\ 1. 2019. The adoption of the standard (lid not have a material
impact on the amounts reported in the financial statements. and the Compart} has determined that
there was no cumulatiVe effect adjustment to stockholders' equity as a result of titre adoption.
Reclassifica l ions
Ceilain prior \ear amounts lime been reclassified to conform to the current year presentation.
C. Property and Equipment
Property and equipment con�,istecf of the follwaing at `larch 3L:
2020 2019
COI)AI'LICtiotl equipment
S 858.420
S 781.079
Furniture and fixtures
1.564
1.564
1"ransportation equipment
357.294
318.662
Office equipment
15.114
15.414
Leasehold improvements
45.580
45.550
'total propertc and equipment
1.308.272
1.162.299
Less accumulated depreciation
621.641
548.026
Total properrn and equipment. net
S 656.631
S 614.273
10
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (con inueel)
1). Contract Assets (Liabilities)
Information ��ith respect to contract assets !liabili(ies) is as follows at \,larch 31.:
Costs incurred on uncompleted contracts
Estimated earnings
Less bilhnm, to elate
2020 2019
S 17.713.176 S 1.292.567
1.856.901 166.189
t 9.570.077 1.438.756
(19.558.344) (1.642.108)
S 11.733 S (183.352)
Contract assets (liabilities) infonnation is included in the accontpaming balance sheets under the
f'ollo« ing captions at March 31.: 4
Contract assets
Contract liabilities
1'.. Stock Purchase
7nM
S 288.236
i?7h iO I
MIQ
S 26.641
f)0999,t
S 11.733 S (183.352)
In AUQUSt 2016. the Compam acquired 10 shares of its outstandim, Class A common stock. but
Snbsequentl) reissued 3 of those shares. and acquired 765 shares of its outstanding Class B common
stock fi'om various stockholders for a value of apprmimatel� 5780.500 (the "Stock Purchase"). The
Compan\ pair[ S168.500 at closing, and entered into wo notes payable \\itli these stockholders
totalin•, 5612.000 (see Note G). !'lie Conipan\ also paid approximatel. 537.000 in stock transaction
costs associated �%ith the Stock Nurrhase dtnmu the ear ended l�larcl� 31. 2017.
Additionally. as part of the Stock Purchase. the Compan} agreed to purchase 250 shares of Class B
common stock from a stockholder over a ten -tear period ending in Au_ttst 2025. The pivntents
associated with this agreement are expected to be S 15.500 per year. The Compare paid S 15.500 for
25 shares of Class B common stock during the years ended "Inrch 31. 2020 and 2019.
52
DEAN ELECTRIC, UNC.
NOTES TO FINANCIAL STAMMENTS (mtthmetl)
F. Une of Credit
The Company has a S500.000 line of credit \\ith a financial institution. vhich is collateralized by
certain assets of the Compam. The line of credit matures in JanUary 2021. and incurs interest at a
rate of 6.Wlo. As of iMarch 31. 2020 and 2019. there %ere no amounts outstanding on this line of
credit.
C. Notes Payable
In August 2016. in connection with the Stock Purchase. the Compam entered into t\\o notes payable
\\ith the former stockholder, totaling S612.000. The first note pa}able ("Note 1") is for S383A50.
t\ ith a stated interest rate of 3.00% and maturit\ of September 1. 2026. Note I requires r7onthl\
principal and interest payments of $3.703 thrOUgh Auzust 2017. foliot\ed by quarterly principal and
interest payments of S 1 I.136 through nlaturitc. The second note pa} able ("Note 2") is for S228.550.
with maturity of September I, 2026. and a stated interest rate of 3.00%. Note 2 requires monthly
principal and interest payments of$2.207 through August 2017. follo\\ed b\_ quarterly principal and
interest payments of $6.637 through maturity. At Nlarch 3 1. 2020. the outstandimg balance on Note I
and Note 2 \\as approxintatel\ S2>9.000 and S154.000. respectivel%. Each note is collateralized b\
the stock purchased. At iMarch 31. 2019. the outstanding balance on Note E and Note 2 aas
approximately S292.000 and S17.1.000. respecti\ely.
The a-grey*ate matun•itie> ofth: notes payable at tMareh 31. 2020. are as follot\s:
2021
5 59.322
2022
61.127
2023
62.986
2021
64.901
2025
66.876
Thereafter
9S.236
Total
S 413.448
12
,553
DEAN FIXCT12IC, INC.
NOTES TO FINANCIAL. STATEMENTS (c•onfinueci)
11. Income Taxes
Inccnne tag (e�pente) hene(it is contpri�ecl of the follo�� i�t� for the � ear e�idecl ,\9arclt � 1.:
2020 2019
Current:
Federal S (52.691) S 2T917
Stale (4.895) (1 S.S 10)
(57.586) 9.107
De('erred:
Federal (73.964) 63.219
S (131.550) S 72.326
Dzferred tax a�scts and liabilitie3 consist of the follo« ins, at Marclt 31.:
2020 2019
Dererred tax asset:
Net operatim, loss
ucferrecl tax liability:
Propert\ aitd equiprttent
Deferred Income tax liabilitynel
EmploNce Bener'it Plan
S - S 56.355
(135.857) (1 18.24S)
S (135.857) S (61.893)
The company sponsors a profit sharing plan \kith a 401(k) feature (tit. "Plan") coverinu Substantially
all employees. The Plan provides for employer matching contributions on emplo\ee contributions of
up to 3%. Costs ntCurred related to matching emplo\ee contribtitionS totaled approximatel% S f5.000
and S38.000 for the years ended March 31. 2620 and 2019. respectively.
13
..94
DEAN ELECTRIC, INC.
i\OTES "TO FINANCIAL S'TATFNJEN'TS (continued)
J. Risk Concentrations
I -Ile Compam extends credit to its customers in the normal course of business and generally requires
no collateral. This credit risk is considered b% management to be limited. since there k little concern
of default due to the size of the cuStonlerS.
At rNlarch 31. 2020. the Company had two, customers that accounted for approximately 91% of the
accounts receivable balance and tlll•ee eustonlelS that accounted for approxinmtel} 80% of the
retainage receivable on contracts. At March 31. 2019. the Company had five customers that
accounted for approximateiN 85% of the Conlpani's acco.nts reeekable balance and four customers
that made up 96% of the retainag�e recek able on contracts.
For the years ended March 31. 2020 and 2019. three eumonlers accounted for approzimatel\ S940 and
73% of the Con1p<ln}'s total rcyenueS. re;pectiyel,-.
K. Commitments and Contingencies
The Compan} leases office and war•ellou;e Space front a stockholder under a ten-year lease
agreement. tlhich v ould have matured on December 31. 2025. 3-he lease payments \sere 31.500 per
month. I lox ever. on September 12. 2019. the leased property \%as acquired b\ a related -part) elltity
and a ne„ lease %Nas entered Into t\lth that emit\. The nett lease payments are S5.200 per month and
the term is tell years. On December 21. 201 S. the Company entered into a residential lease aureentent
under all operatinu,_= lease. \dhich matured December 31. 2019. The lease Imment., aerc S1.195 per
month_
Total lease e\pense approximated S62.000 and S25.000 for the years ended Nlarcli 31. 2020 and
2019. reipecikely. 1'uttlre lllillnlltllll alllltlal lease C01111111tillelits as of March 31. 2020. are as follol�s:
2021
S 62.400
2022
62.400
2023
62.400
2024
62.400
2025
62.400
Thereafter
27.600
S i87.600
14
1 S.SS
DEAN ELECTRIC, INC.
NOTES TO FINANCIAL STATEMENTS (c•onfirured)
Related -Part- Transactions
At \•larch 31. 201% the Company had an outstanding receivable xNitlt related parties for
approximately S65.000. The Company had no such receivabie as of IZklarch 31. 2020.
At iklarch 31. 2020. the Companhad an outstanding note receivable from a related part% for
approximately S10.000. -1 lie note receivable bears a 2% interest rate and matures on .[une 14. 2020.
The Conipam had no such receivable as of March 31. 2019.
The Compan\ ]eases office and %�arehouse space from a related -part\ entity (see Note K). Total lease
expense \\ith related parties approximated 512.000 and $18.000 for the \ears ended March 31. 2020
and 2019. respeuk ely.
11. Suretl Boulds
The Company. as a condition for entering into some of its construction contracts. must provide a
curet\ Bond collateralized bt contracts receivable. The Compan} had outstanding surety bonds as of
,March 31. 2020. for approximately S?.177.060. Th: Con�l�an� had outstanding_ surety bonds as of
March 31. 2019, for approximately S21.713.064.
N. Subsequent F�ents
In preparing ►hc financial statement,. the Company has eValuat-,d all subszqueltl ek•cnts and
tramactionsLfor potential recognition or disclosure throwdi 13. 2020. the dale the lin tncial
statement: \%ere mailable for i>suance.
In rNiarch 2020. the World Health 0I'rdarliZ06011 declared the outbreak of a novel coronaviru;
(COVID-19) as a pandemic. "hick continues to spread tlu-ou"hout the United State, of :America.
Efforts implemented b� local and national govuriments. as \sell a, bllsinesses. includin`, temporary
closures. are expected to lime ad%erse impacts on local. national. and ulobal economies. Although
the disruption is currently expected to be temporary. there is uncertaint\ around the duration and the
related ccorlomiL impact. Theretbre. %%pile the Company expects this matter to have an impact on the
business. the impact to the net income an.I stockholders' e(luity cannot be reasonable estimated at this
Ilnle.
15
15456
DEAN EILECT111C, INC.
WITS TO FINANCIAL STATEMENTS (continued)
N. Subsequent ENents — continued
On klarch 27, 2020. the U.S. federal government enacted tine Coronavirus Aid. Relief. and Lconomic
Security Act ("CARES Act"). N%hich incltudes 111-ori5ion for a Paycheck Protection Program (••PPP")
administered b} the U.S. Small Business Administration ("SBA"). The PPP allo«s dualikink;
business to borro�% up to SIO million calculated based on qualifyin>~ pa%roll costs. PPP loans bear a
Fixed interest rate of 1 % over a tiro -year term. are 4ounranteed br the federal sovernntent, and do not
require collateral. -1 he loans may be for.given. in part or whole. if the proceeds are trsed to retain and
pa% employees and for other qualifying expenditures. The Company has applied for a PPP loan in the
amount of S391.300. which \%as approved by the S13A on April 13. 2020. The Company e.pects to
use the full proceeds of the PPP loan in accordance with the provisions of the CARES Act. In
addition. the Company received an rMlOmie injury Disaster loan in tite amount of 510.000 on
A pri1 21. 2020.
16
t5.
57
SUPPLEMENTARY SCHEDULES
DEAN ELECTRIC, I\C.
SCHEDULES OF EARNINGS FROM CONTR %C'TS
Year Ended 1larch 31, 2020
Revenues
Cost of
Cross
Earned
Sales
Profit
Contract, completed during the year
S 404.463
S 375.746
S 2S.717
Contracts in progress at } ear -end
19.005.706
17.203.635
1.802.071
i otal
S 19.410.169
S 17.579.381
S 1.830.788
l car Ended March 31, 2019
Contract: completed during: ih:e feat'
Contracts in progress at rear -end
'I oral
Revenues
Cost of
Gross
Earned
Sales
Profit
S 7.517.767
S 7.083.653
S 434.114
1.458.757
1.292.568
166.189
S S.976.524
S 8.376.221
S 600,303
See independent accountaiiL,' re\ ieu repast.
18
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Exhibit K- Prey ailing N1'age Rates
(Commercial Construction Projects)
CLASSIFICATION DESCRIPTION Wage Rate
AC tMechanic
S
25.24
AC NIeclianic I lelper
S
13.67
Acoustical Ceiling Installer
S
16.83
Acoustical Ceiling Installer I lelper
S
12.70
Bricklayer+Stone \Jason
S
19.45
Brickla%er Stone \•lason-1 raince
S
13.31
Brickla%er.'Stone tMason Helper
S
10.91
Carpenter
S
17.75
Carpenter I [eiper
S
14.32
Concrete Cutter.'Sax%er
S
17.00
Concrete Cutter.'Sat\erI lelper
S
11.00
Concrete Finisher
S
15.77
Concrete I inisher helper
S
11.00
Concrete Form Builder
S
15.27
Concrete Form Builderlfeiper
S
11.00
Dr; %Nall Mechanic
S
15.36
Drv\\ all Ilelper
S
12.54
Dr\ call 1 aper
S
15.00
DI \ xNall l aper I lellicr
S
11.50
Electrician (lourne\ nian)
S
19.63
Electrician Apprentice (Ilelper)
S
15.64
Electronic Cechnician
S
20.00
Floor Lai er
S
18.00
Floor Layer I lelper
S
10.00
Glazier
S
21.03
Glazier Helper
S
12.S 1
Insntator
S
16.59
111sEI[ator I lelper
S
11.21
Laborer Common
5
10.89
Laborer Skilled
S
14.15
Lather
S
12.99
N,letal Buildin_ Assemblei
S
16.00
Metal Building Assembler I lelper
S
12.00
let:111ruta11e11\'hseellaneous)
S
13.00
Metal Installer Helper(MiscellanekAis)
S
1 1.00
\'Ietal Stad Framer
S
16.12
,%fetal StA Framer Helper
S
12.54
Painter
S
16.44
Painter Helper
S
9.98
Plpelilter
S
21.22
Pipefitter Helper
S
15.39
Plasterer
S
16.17
Plasterer Helper
S
12.85
Plumber
S
21.98
Plumber Helper
S
15.85
Reinforcing Steel Setter
S
12.87
Page 47 of
i6ss
Reinforcing Steel Setterl-lelper
S
11.08
Roofer
S
16.90
Roofer Helper
S
11.15
Sheet N,letal Worker
S
16.35
Sheet Metal Worker I lelper
S
13. I I
Sprinkler System Installer
S
19.17
Sprinkler S)Stem Installer I lelper
S
14.15
Steel Worker structural
S
17.00
Steel Worker Structural I lelper
S
13.74
Waterproofer
S
15.00
Equipment Operators
Concrete Pump
S
18.50
Crane. Clanlsheel. Backhoe. Derrick. D'Line Shm el
S
19.31
I'orklift
S
16.45
I-otInclation Drill Operator
S
22.50
Front End loader
S
1697
"I'mck Drier
S
16.77
Welder
S
19.96
Welcler I lelper
S
13.00
'I lie prc�ailim, %gage rates sho�\n for Commercial COtlNtRICt1011 projects «ere bases{ on a
Salary SLIIA C\ CondtlCCd and publisllect b\ the \orth 'ICUS Collst IC60n 111dLIStl-\ r. Fall
2012) hldependenti\ compiled b% the Lane Gorman lrubitt. PI.1,C CotlSti-LIC6011 Group.
-1 Ile d"scription5 IOI- the classifications listed are pro\ided oil thz I Exo3 ( I hL'
C'on-,t-uction Association) %,.ebsite: �%��\%.te\oaS50CIatI011.or�,'Challtei' %�a?erateS.asp
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Dean Construction has built over 400 city parks with no litigation, bond claims ar liquidated damages.
Dean Construction is not currently involved in any litigation or dispute resolution
Dean Construction has the ability to self perform the following on this project
Tree protection fencing
electrical service
Temoporary turf placement
improved field drainage
Concrete sidewalks
Fence mow strips
Spectator bleachers with shade
Chain link fence
Field lighting
Concrete paving
Playground underdrain
Playground perimeter band
Play structures
Safety surfacing
Ornamental fencing
Restroon concession building construction
Exhibit 1 — Construction Bu(Iget and Fcc Pro posaIs
Construction Budget
The City's Construction Budget S3,900,000
(includes $100.000 AIlowance to be included in GNP)
CIMAR Fee Proposal
Pre -Construction Phase Services Fee (Paid from other Proct fun(is):
Minimum Fee (required)
S25,000
Additional Fee (Pro osers dissection. cannot be negative)
S
Total Pre -Construction Services Fee
S ZE) OC)O
Construction Phase Services Fee:
Fee (expressed as a percentage of cost of itiork; will be
incorporated into GN111)
Additional Shared Savings Proposed (if ant')
(refer to Attachment 2 Agreement Section 2.1) and 2.E)
Note: Only the Total Pre -Construction Fee and Construction Services Fee percentage
101 be read publicly at the time the RFP is opened.
Page 44 of
137
Gregory "Greg" Firebaugh
5428 CR 206
Grandview, TX 76050
Professional Experience
President, Estimator, Project Manager— Dean Construction, Cedar Hill, Texas (1993 to Present)
• Off and on -site management from inception to completion for city parks, related facilities and buildings.
• Assist with daily coordination and communication with city representative, architect and all subcontractors.
• Assist with submittals, change orders, subcontracts, schedules and budgets.
• Perform plan take -offs and pricing calculations, bid presentation for approval.
• Identify and recommend time and cost savings options.
Owner, Manager — Fireball Construction, The Colony, Texas (1983 to 1993)
• Owner, Manager of residential and commercial fence installation business.
• Develop company policies and procedures for field and administration. Fully accountable for all
management and activities of the business.
Manager, Operator — Panora Ready Mix, Panora, Iowa (1973 to 1983)
• Manage and eventually own family business.
• Drive and operate ready mix concrete trucks.
Professional Qualifications
• Master Electrician,1999
• Tarrant County Junior College, various construction related classes including Blue Print Reading.
• Graduate, Panora High School, Panora, Iowa
2
Jesus "Jesse" T. Lira
110 Pine St.
Glenn Heights, Texas 75754
Professional Experience
Construction Superintendent/Foreman — Dean Construction, Cedar Hill, Texas (1990 to present)
• Supervise construction crews of up to 20 concrete finishers, form setters, concrete place and finishers and
general construction labor personnel.
• Considered a working construction foreman.
• Provide instruction and training for all crews.
• Schedule and assign personnel to projects.
• Responsible for company policy enforcement and safety procedure implementation.
• Direct and operate as required all construction equipment (backhoes, motor graders, box blades, trackhoe,
scrapers, etc...).
• Schedule and order equipment rentals and materials.
• Conduct initial site assessments.
• Coordinate project management meetings.
Superintendent — Halpern Construction, Argyle, Texas (1982-1990)
• Manage construction crews of up to 10 finishers, form setters, concrete place and finishers and other labor
personnel.
• Performed all duties of crew supervisor and equipment operation
• Scheduling, instruction and training of all field personnel
• Responsible for company policy enforcement and safety procedure implementation.
Roughneck — Bacon Taylor, (1975-1982)
• Oil derrick hand responsible for performing all labor relating to oil field drilling
• Operation and maintenance of equipment.
Related Qualifications
• Bi-literate (Spanish)
3
Joseph L. Yentes
1669 HCR 3220
Hillsboro, Tx 76645
469-658-2568
joe a dean-construction.com
SURVEYOR • SUPERVISOR
Professionally trained and experienced land surveyor. Provide all land surveying services relating to
boundaries, design, construction, and mapping. Typical services include corner searches, parcel maps,
subdivisions, lot line adjustments, line staking, easement surveys/analysis, boundary agreements,
boundary surveys, topographic snapping, commercial/ industrial surveys, global positioning surveys
(GPS), and watercourse boundaries. Interprets blueprints and schematics; maintains impeccable
records.
Skilled at supervising and assuring quality work of field surveyors; excellent employee relations.
Computer expertise includes Microsoft Office Suite, TDS Foresight, and Trimble software.
WORK EXPERIENCE
Dean Construction Cedar Hill, Texas 2007 to Present
Supervisor/Construction Lay -out
Supervise projects on -site; coordinate work assignments with surveyor and subcontractors. Assure
accurate measurements and accurate construction work.
Nathan D. Maier Consulting Engineers, Inc. -- Dallas, Texas 1997 to 2007
Field Supervisor
Supervised three crews for new construction and addition projects; demonstrated and operated all GPS
equipment; set up jobs; coordinated construction site requirements with contractors. Monitor plan
preparation and specifications for approximately 30 water Treatment Plants and City Parks projects in
Frisco, McKinney, Duncanville, Waxahachie and Colleyville.
Conducted all major boundary work, topographical surveys and constriction layouts; monitored plan
preparation and specifications for subdivisions, schools and parks.
TRAINING AND CERTIFICATION
Tyler Junior College — Surveyor Course
Greg Firebaugh
Project
Manager/Estimator f`
I4 J
1
Kirsten George Jesse Lira
Office Manager Superintendent
Ashley Firebaugh Joe Yentes .foe Yentes
Office Assistance Office Support Construction Layout
5
Preconstruction Services
One of the keys to a successful project is our pre -construction services, when the greatest opportunity
exists to have a positive impact on the cost, schedule and value of your project, long before construction
begins in the field. Our management team has the experience and expertise to provide you with timely
and accurate information regarding project cost, schedule, alternative systems and materials, and other
value-added alternatives that will help you make informed decisions to achieve the most value for your
construction dollar and meet the needs of the end users at the same time.
With Dean Construction, you have the added benefit of working with the same project team throughout
pre -construction and construction for a seamless process from start to finish.
Our Pre -Construction Service include:
• Work with Owner & A/E Design Team to:
• Establish Acceptable Budget and Overall Project Schedule
• Determine Site Conditions, Constraints & Phasing Requirements
• Incorporate these requirements into the Construction Schedule & Bid Package
• Preliminary Project Schedule that incorporates Pre Construction & Construction
• Regular Project Meetings with the Owner & A/E Design Team
• Schematic & Design Development Budget Estimates:
• Solicit, Obtain & Evaluate Subcontractor/Supplier Budget Estimates
• Provide Scope Description & Schedule of Values with Each Budget Estimate
• Track Budget Estimates against Project Budget
• Identify Cost Issues & Potential Cost Saving Alternatives
• Evaluate Potential Cost Saving Alternatives
• Advise on Selection of Materials & Equipment
• Long Lead Items:
• Schedule Early Bid Packages for Any Long Lead Delivery Items
• Purchase/Pre-Purchase Any Long Lead Items necessary to meet the Project Schedule
• Assign Long Lead Items to Successful Subcontractors early in the project
• Evaluate Value Engineering and Potential Cost Saving Alternatives
• Price Alternative Systems
• Price Alternative Materials, Details and Construction Methods
• Check Availability and Lead Times of Materials & Equipment
• Review Systems and Details for Constructability & Economy
• Prepare Bidder's list and Submit for Owner Input & Approval
• Subcontractor/Vendor Pre -Qualification
6
• Guaranteed Maximum Price:
• Bid Packages:
• Bid Invitations
• Instructions to Bidders
• Plans, Specifications & Addenda
+ Scope of Work
+ Construction Schedule
• Project Conditions & Constraints (if Any)
• Solicit Sub/Vendor Bids
• Receive and Analyze Bids from Subcontractors & Vendors
• Establish & Submit Guaranteed Maximum Price, Scope Description & Clarifications
• Obtain Any Permits Necessary for Construction
• Issue Subcontractor/Purchase Orders to the Successful Subcontractor & Vendor
• Set -Up Controls for Construction
On multiple projects Dean Construction has utilized early out packages on earthwork and utilities to
keep projects on schedule due to unforeseen & uncontrollable delays at no additional cost to the
Owner. We regularly work with our extensive list of subcontractors and in house experts to offer time
and money saving changes to the project prior to construction to meet the proposed budget.
Our bid packages are written for each job to define the scope of work in each item and verify that each
subcontractor is bidding on the same thing. This reduces the overall cost of the project and allows for a
faster transition from bidding to a guaranteed maximum price.
Construction Approach
Successful Projects require a workable and effective game plan. Our preconstruction planning,
scheduling and coordination are critical elements to provide the tools necessary to deliver a quality
project on time or ahead of schedule. With Dean Construction, you have the added value of a Project
Manager and General Superintendent that are responsible for the project throughout pre -construction
and construction for a seamless process from start to finish. Having a hands on Superintendent is one of
the greatest values during construction because this allows us to change direction immediately due to
weather or uncontrollable delays. Dream Park is a prime example of weather delaying the construction
progress. Our superintendent was able to finish on time by adjusting work elements to allow work to
continue safely in wet conditions.
Our Construction Services include:
+ Regular Project Meetings with the Owner & A/E Design Team
• Schedule & Facilitate Pre -Construction / Pre -Installation Meeting Requirements
• Daily Management & Coordination of Field Operations
• Management & Coordination of Subcontractors Field Operations
• Weekly Jobsite Meetings with Our Superintendent & Subcontractors
• Schedule & Confirm Lead Times/ Delivery Dates for Shop Drawings & Submittals
• Schedule & Confirm Lead Times/Delivery Dates for Material & Equipment
• Coordination of Plans & Specifications with Field Conditions
• Coordination of Shop Drawings, Submittals and RFIs with Plans & Specifications
• Compliance of Work with Plans & Specifications
• Schedule & Facilitate Testing & Inspections Requirements
• Obtain Temporary Permits & Certificates Necessary for Construction
• Prepare and Submit As -Built Drawings for Closeout Documentation
• Coordination, Schedule and Complete Punch List
• Delivery of the Project On Time or Ahead of Schedule
• Delivery of the Project Within or Under Budget
QA/QC and Safety Plan
Dean will utilized the submittal process to make sure that all materials and equipment meet or exceed
the project specifications set forth by the owner and the design team. No substitution of materials or
equipment will be allowed without written consent of the owner and the design team. We take pride in
providing a superior product to the City. Our reputation for quality and durability is important to us. We
will never allow a lesser product, work or finish on our projects. If such an incident were to arise, Dean
would correct the problem immediately at no extra cost to owner.
Dean Construction is committed in all its endeavors to provide a safe and healthy working environment.
We will take a proactive approach to prioritize the safety of the general public and all construction
workers. We will work together with the owner to determine the most suitable locations for temporary
construction access, staging and a laydown area, temporary construction fence and sequencing of
material deliveries to the site in a collaborative effort will allow the owner to maintain their essential
operations. The temporary staging and access plan will need to address pedestrian traffic, fire
department access and public safety.
We have taken steps to exceed all requirements on the ongoing corona virus issue including:
• Daily temperature checks on all onsite personnel
• Requiring anyone with a temperature above 99.6 to self -quarantine for two weeks after any
fever is recorded
• Enforcing social distancing
• Requiring facemasks when employees are in an enclosed area
• Treating restroom and common areas three times a day with germicide
• Each employee is issued a spray bottle of germicide for their personal use
Our Safety Program includes:
• Written Safety Program
• Safety Training
• Safety Inspections
• Weekly Safety Meetings
• interim Life Safety Measures
• Infection Control Measures
Our project manager will be responsible for the development of a project specific site control/safety
plan during preconstruction and periodic safety inspections during construction. Our on -site
superintendent is responsible for daily site control and safety, coordination of construction activities
with the owner and will attend all project meetings during construction.
Subcontractor Safety Programs must conform to the safety program requirements of Dean Construction
and the owner. Subcontractors are also required to submit documentation, such as competent person
designations, written haz/com programs, MSDS, proof of training certifications and weekly safety
meeting minutes.
Cost and Schedule Control
During the early stages of the design process Dean Construction, the owner & the design team will work
closely on the park features. Accurate and current job costs and constant communication will ensure
real cost data and adherence to the City's project budget. Design review between Dean Construction,
the owner & the design team will allow for accurate cost considerations much earlier in the process than
the normal Design -Bid -Build method. Dean Construction normally suggest a S% contingency on all
project which if unused will be returned to Owner.
MBE Utilization Plan
We are familiar with the City Of Fort Worth MBE Utilization Program. Dean Construction was able to
meet the requirements on the Dream Park project and will meet the requirements for this project as
well. Our approach has allowed Dean Construction to successfully meet MBE/WBE/DBE participation
goals on projects for West Lawther Hike and Bike Trail at White Rock Lake Park Phase I and Phase II,
Kiest Park Athletic Complex in The City of Dallas as well as Dream Park in The City of Fort Worth.
Our policy is to advertise all bid opportunities on the DFW Minority website as well as following each
individual city's requirement.
Dean Construction is proud of the continued success we have had implementing this approach for our
clients and our community. We consistently look to implement new strategies to make a more
substantial impact such as our creative bid packaging, community partnerships, and continued
education on the importance of diversity within the construction industry.
Through the sustained efforts of our Diversity Coordinator, we have fostered a culture of inclusion that
is evident on every project as well as in our internal hiring procedures. At Dean Construction, we
understand that regular training and workforce development is an integral part of encouraging diversity
and inclusion in our own organization as well as the industry as a whole.
Dean Construction currently has a few preferred MBE/WBE/DBE contractors that we are currently
working with on existing projects. If Dean is selected for CMAR for North Park Improvement, we would
start contacting MBE/WBE/DBE during the pre -construction phase to help with budgeting in hopes to
create interest in the project. Once we issues plans & specs for bidding, our staff will reach out to
MBE/WBE/DBE contractors in Fort Worth to notify them of the current bid opportunity.
Dean Construction will provide a plan to meet the goals of this project however without full design it is
difficult to foresee which MBE we will be using. Rest assured we will make the City of Fort Worth's goal
our goal.
to
Dream Park
Dean Construction was selected as CMAR for Dream Park in the City of Fort Worth. Dream Park was
funded by non-profit organization which was complete on time and within budget.
City Contact: Scott Penn (817) 392.5750 Original Contract: $1,668,353.00
Non-profit: Racheal Churchill (214) 929-8664 Final Contract: $1,637,756.00
Architect: James Williams (817) 649-3216
m
ATTACHMENT C
STANDARD GENERAL CONDITIONS FOR A CMAR AGREEMENT
Standard General Conditions for a CMAR Agreement (Revised May 2020),
a 70-page document, is attached following this cover page.
Attachment C — Standard General Conditions for a CMAR Agreement (Revised May 2020)
Standard Agreement for Construction Manager -At -Risk Pre -Construction and Construction Services (Revised 05.28.20)
North Park Improvements - CFW Project No. 101766
Cover Page
STANDARD GENERAL CONDITIONS FOR A CMAR
AGREEMENT
(Revised May, 2020)
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 1 of 70
Revised May 2020
STANDARD GENERAL CONDITIONS OF A
CMAR AGREEMENT
TABLE OF
CONTENTS
Page
Article 1 — Definitions and Terminology.......................................................................................................... 6
1.01 Defined Terms............................................................................................................................... 6
1.02 Terminology.................................................................................................................................12
Article2 —
Preliminary Matters........................................................................................................................13
2.01
Copies of Documents...................................................................................................................13
2.02
Commencement of Contract Time; Notice to Proceed...............................................................13
2.03
Starting the Work.........................................................................................................................14
2.04
Before Starting Construction, Baseline Schedules......................................................................14
2.05
Preconstruction Conference.........................................................................................................14
2.06
Public Meeting.............................................................................................................................14
Article 3 —
Contract Documents: Intent, Amending, Reuse..........................................................................
14
3.01
Intent.............................................................................................................................................14
3.02
Reference Standards.....................................................................................................................15
3.03
Reporting and Resolving Discrepancies......................................................................................15
3.04
Amending and Supplementing Contract Documents.................................................................
16
3.05
Reuse of Documents...................................................................................................................
16
3.06
Electronic Data............................................................................................................................
17
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points.........................................................................................................17
4.01 Availability of Lands...................................................................................................................17
4.02 Subsurface and Physical Conditions...........................................................................................17
4.03 Differing Subsurface or Physical Conditions..............................................................................18
4.04 Underground Facilities................................................................................................................19
4.05 Reference Points..........................................................................................................................20
4.06 Hazardous Environmental Condition at Site...............................................................................20
Article 5 — Indemnity, Bonds and Insurance.................................................................................................... 21
5.01 Indemnification................................................................................................................................ 21
5.02 Bonds............................................................................................................................................22
5.03 Certificates of Insurance.............................................................................................................. 23
5.04 Categories of Insurance............................................................................................................... 24
5.05 Insurance Requirements.................................................................................25
5.06 Acceptance of Bonds and Insurance; Option to Replace..........................................................2 7
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 2 of 70
Revised May 2020
Article 6 -
CMAR's Responsibilities.............................................................................................................. 27
6.01
Supervision and Superintendence...............................................................................................
27
6.02
Labor; Working Hours.................................................................................................................
28
6.03
Solicitation of Construction- Phase Work..................................................................................28
6.04
Service, Material and Equipment................................................................................................29
6.05
Project Schedule..........................................................................................................................29
6.06
Substitutes and "Or Equals"........................................................................................................
30
6.07
Concerning Subcontractors, Suppliers, and Others................................................................... 32
6.08
Wage Rates................................................................................................................................
33
6.09
Patent Fees and Royalties...............................................................................
34
6.10
Permits and Utilities....................................................................................................................
35
6.11
Laws and Regulations.................................................................................................................35
6.12
Taxes...........................................................................................................................................36
6.13
Use of Site and Other Areas.......................................................................................................
36
6.14
Record Documents......................................................................................................................37
6.15
Safety and Protection..................................................................................................................
37
6.16
Safety Representative..................................................................................................................38
6.17
Hazard Communication Programs.............................................................................................38
6.18
Emergencies and/or Rectification...............................................................................................38
6.19
Submittals and Samples...........................................................................................................39
6.20
Continuing the Work...................................................................................................................40
6.21
CMAR's General Warranty and Guarantee................................................................................40
6.22
Additional Professional Design Services..................................................................................41
6.23
Right to Audit..............................................................................................................................
41
6.24
Nondiscrimination.......................................................................................................................42
Article 7 - Other Work at the Site ................
7.01 Related Work at Site ................
7.02 Coordination .............................
Article 8 - City's Responsibilities....................................................................
8.01 Communications to CMAR.........................................................
8.02 Furnish Data.................................................................................
8.03 Pay When Due.............................................................................
8.04 Change Orders.............................................................................
8.05 Inspections, Tests, and Approvals ...............................................
8.06 Limitations on City's Responsibilities ........................................
8.07 Undisclosed Hazardous Environmental Condition .....................
Article 9 - City's Observation Status During Construction ........................
9.01 City's Project Representative..................................................
9.02 Visits to Site.............................................................................
9.03 Authorized Variations in Work ...............................................
9.04 Rejecting Defective Work .......................................................
9.05 Determinations for Work Performed .......................................
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revised May 2020
....................................... 43
........................................ 43
....................................... 43
....................................... 43
........................................ 44
....................................... 44
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......................................44
................................... 44
................................... 44
................................... 44
................................... 45
................................... 45
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Page 3 of 70
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45
Article 10 - Changes in the Work; Claims; Extra Work................................................................................ 45
10.01 Authorized Changes in the Work............................................................................................... 45
10.02 Unauthorized Changes in the Work........................................................................................... 46
10.03 Execution of Change Orders.......................................................................................................46
10.04 Extra Work.................................................................................................................................. 46
10.05 Notification to Surety.................................................................................................................. 46
10.06 Contract Claims Process............................................................................................................. 46
Article 11- Cost of the Work; Unit Price Work....................................................................................... 47
11.01 Cost of the Work.........................................................................................................................47
11.02 Unit Price Work........................................................................................................................ 53
11.03 Additional Compensation........................................................................................................... 54
Article 12 - CMAR's Fee; Change of GMP; Change of Contract Time, Delays ....................................... 54
12.01 CMAR's Fee................................................................................................................................ 54
12.02 Change of GMP........................................................................................................................... 54
12.03 Change of Contract Time........................................................................................................... 55
12.04 Delays...................................................................................................... 55
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................
56
13.01 Notice of Defects........................................................................................................................
56
13.02 Access to Work...........................................................................................................................
56
13.03 Tests and Inspections..................................................................................................................
56
13.04 Uncovering Work........................................................................................................................57
13.05 City May Stop the Work.............................................................................................................
57
13.06 Correction or Removal of Defective Work................................................................................
58
13.07 Correction Period........................................................................................................................58
13.08 Acceptance of Defective Work...................................................................................................
59
13.09 City May Correct Defective Work.............................................................................................
59
Article 14 - Payments to CMAR and Completion.........................................................................................
60
14.01 Schedule of Values......................................................................................................................
60
14.02 Progress Payments......................................................................................................................
60
14.03 CMAR's Warranty of Title........................................................................................................
62
14.04 Partial Utilization........................................................................................................................
62
14.05 Final Inspection..........................................................................................................................63
14.06 Final Acceptance.........................................................................................................................63
14.07 Final Payment..............................................................................................................................63
14.08 Final Completion Delayed and Partial Retainage Release........................................................
64
14.09 Waiver of Claims........................................................................................................................
64
Article 15 - Suspension of Work and Termination........................................................................................
64
15.01 City May Suspend Work.............................................................................................................
64
15.02 City May Terminate for Cause...................................................................................................
65
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 4 of 70
Revised May 2020
15.03 City May Terminate For Convenience ....
Article 16 — Dispute Resolution ...................................
Article 17 — Miscellaneous ...........................................
17.01 Giving Notice ...........................................
17.02 Computation of Times .............................
17.03 Cumulative Remedies ..............................
17.04 Survival of Obligations ............................
17.05 Headings ...................................................
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS
Revised May 2020
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................................................................... 69
................................................................... 69
................................................................... 69
................................................................... 69
................................................................... 70
................................................................... 70
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Page 5 of 70
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Wherever used in these General Conditions or in other Contract Documents, the terms listed below
have the meanings indicated which are applicable to both the singular and plural thereof, and words
denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized
or written in italics, but not always. When used in a context consistent with the definition of a listed -
defined term, the term shall have a meaning as defined below whether capitalized or italicized or
otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract
Documents include references to identified articles and paragraphs, and the titles of other documents or
forms.
1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement —The written instrument memorializing the understanding between City and CMAR
regarding prosecution of the Work.
3. Allowance —Funds, if any, reserved unto the Project by the City for City's use. Unspent Allowance is
not eligible for any incentive payment. Any remaining Allowance upon completion of the project shall
revert to City and is not applied to the final Cost of Work. Work paid for by Allowance will be subject
to Construction Phase Fee as applied in CMAR's Application for Payment.
4. Application for Payment —The form acceptable to City which is to be used by CMAR during the
course of the Work in requesting progress or final payments and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
5. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels established by the United States Occupational
Safety and Health Administration.
6. Award— Authorization by the City Council for the City to enter into an Agreement.
7. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
8. Bidder —The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder
should it seek to self -perform portions of the Work.
9. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including
all Addenda).
10. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security
of acceptable form, if any, and the Bid Form with any supplements.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 6 of 70
Revised May 2020
11. Business Day — A business day is defined as a day that the City conducts normal business, generally
Monday through Friday, except for federal or state holidays observed by the City.
12. Business Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance #20020-
12-2011 (City Code Chapter 20, Article X), as amended.
13. Buzzsaw — City's on-line, electronic document management and collaboration system.
14. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
15. Change Order —A document, which is prepared and approved by the City, which is signed by
CMAR, Engineer and City and authorizes an addition, deletion, or revision in the overall Work or an
adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the
Agreement.
16. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by its
governing body through its City Manager, his/her designee, or agents authorized under his/her behalf,
and is the entity with whom CMAR has entered into the Agreement and for whom the Work is to be
performed.
17. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly
authorized representative.
18. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas.
19. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth,
Texas, or his duly authorized representative.
20. CMAR — A sole proprietorship, partnership, corporation, or other legal entity that assumes the
risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a
general contractor and provides consultation to the City regarding construction during and after
the design of the facility.
21. CMAR Contingency - CMAR's GMP shall include a Contingency for CMAR's exclusive use, with
City's written approval, which approval shall not be unreasonably withheld, to cover those costs
considered reimbursable as a Cost of Work but not included in a Change Order. .
22. Contract Claim —A demand or assertion by City or CMAR seeking an adjustment of the GMP,
Cost of Work or Contract Time or other relief with respect to the terms of the Agreement. A demand
for money or services by a third parry is not a Contract Claim.
23. Contract Documents —The entire contract consisting of the Agreement, the Request for Proposals,
CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary
documents as may be indicated by the City whether specifically attached hereto or provided
separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
24. Contract Time— The number of days or the dates stated in the Agreement to: (i) achieve
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 7 of 70
Revised May 2020
Milestones, if any, and (ii) complete the Work so that it is ready for Final Acceptance.
25. Construction Documents -Those written or electronic documents indicating the basic scope of work
as set forth by the Engineer, Engineer's formal construction documents, Drawings and
Specifications, including materials, and work package(s) bid documents.
26. Construction Phase Fee — See definition in Agreement, Article 2.
27. Construction Phase Services — Those services to be provided by CMAR as defined in the RFP and
the CMAR's Proposal.
28. Cost of Work— The actual costs incurred to perform the Work. See Section 11.01 of these General
Conditions for details of included and excluded costs which CMAR shall consider when developing
the CMAR's fees and costs.
29. Damage Claims — A demand for money or services arising from the Project or Site from a third
party, City, CMAR or Subcontractor exclusive of a Contract Claim.
30. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
31. Director of Aviation — The officially appointed Director of the Aviation Department of the City of
Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Director of Parks and Recreation Department — The officially appointed Director of the Parks and
Recreation Department of the City of Fort Worth, Texas, or his duly appointed representative,
assistant, or agents.
33. Director of Planning and Development — The officially appointed Director of the Planning and
Development Department of the City of Fort Worth, Texas, or his duly appointed representative,
assistant, or agents.
34. Director of Transportation and Public Works — The officially appointed Director of the
Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
35. Director of Water Department — The officially appointed Director of the Water Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
36. Drawings — That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by CMAR or
Subcontractor. Submittals are not Drawings as so defined.
37. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed by the
City Manager.
38. Engineer — The licensed professional engineer or engineering firm registered in the State of Texas
performing professional services for the City.
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39. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the Contract
Documents. Extra Work shall be incorporated into the Work.
40. Field Order — A written order approved by City, often on recommendation by the CMAR, which
requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the
intent of the Engineer for the Project. Payment for Field Orders are paid from the Allowance or
CMAR Contingency, if any, or other funding sources incorporated into the Agreement.
41. Final Acceptance — The written notice given by the City to the CMAR that the Work specified in
the Contract Documents has been completed to the satisfaction of the City.
42. Final Inspection — Inspection carried out by the City to verify that the CMAR has completed
the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with
the Contract Documents.
43. General Requirements —Sections of Division 1 of the Contract Documents.
44. General Conditions Costs — Those costs which support CMAR's prosecution of the Work as
found in Section 11.01 Cost of Work.
45. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established
by the CMAR according to the Contract Documents and as approved by the City. The GMP may
contain a contingency amount ("CMAR Contingency") for CMAR's use with City review and
approval.
46. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that
may present a substantial danger to persons or property exposed thereto.
47. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations, as
amended from time to time.
48. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and
orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
49. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.
50. Liquidated Damages. A specified sum of money that, for each calendar day that any work shall
remain uncompleted after the time specified in the Agreement, will be deducted from the monies due
the CMAR, not as a penalty, but as liquidated damages suffered by the City.
51. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or
greater than 5% of the original Subcontractor's Price or $25,000 whichever is less.
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52. MBE - A business concern located in the Marketplace (as defined in the Business Diversity
Enterprise Ordinance) meeting the following criteria: is at least 51 percent owned by one or more
minorily persons, or, in the case of any publicly owned business, at least 51 percent of the stock is
owned by one or more minorily persons; and management and daily business operations are
controlled by one or more minority persons who own it.
53. MBE Utilization Plan — The CMAR's plan to address the diverse MBE goal for use when bids or
proposals are sought from trade contractors or subcontractors for performance of all major elements
of the Work.
54. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract
Time prior to Final Acceptance of the Work.
55. Notice of Award —The written notice by City to the successful Proposer stating that upon timely
compliance by the successful Proposer with the conditions precedent listed therein, City will execute
the Agreement.
56. Notice to Proceed —A written notice given by City to CMAR fixing the date on which the Contract
Time will commence to run and on which CMAR shall start to perform the Work specified in
Contract Documents.
57. Open Book Price The price of subcontracts and purchases, the site expenses for superintendence and
professional services directly supporting the construction effort plus agreed overhead and profit.
58. PCBs —Polychlorinated biphenyls.
59. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non -Hazardous Waste and crude oils.
60. Plans — See definition of Drawings.
61. Pre -Construction Phase Cost — see definition in Agreement, Article 2.
62. Pre -Construction Phase Services — Those services to be provided by CMAR as defined in the RFP.
63. Project —The Work to be performed under the Contract Documents.
64. Project Schedule —A schedule, prepared and maintained by CMAR, in accordance with the General
Requirements, describing the sequence and duration of the activities comprising the CMAR's plan to
accomplish the Work within the Contract Time.
65. Project Representative —The authorized representative of the City who will be assigned to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
66. Proposal — A Proposer's response to the RFP issued by the City to solicit a CMAR to perform
CMAR services.
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67. Proposer — A CMAR Firm which submits a Proposal.
68. Public Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public
participation and to inform the public of the Project.
69. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
70. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru
Friday (excluding legal holidays).
71. Request for Proposals (RFP) — A request by the City issued to qualified CMAR Firms for
Proposals to perform CMAR services for the Project.
72. Retainage — The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR's progress payments
73. Samples —Physical examples of materials, equipment, or workmanship that are representative of
some portion of the Work and which establish the standards by which such portion of the Work will
bejudged.
74. Schedule of Submittals —A schedule, prepared and maintained by CMAR, of required submittals
and the time requirements to support scheduled performance of related construction activities.
75. Schedule of Values —A schedule prepared and maintained by CMAR, allocating portions of the
Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications
for Payment.
76. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which
the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and
such other lands furnished by City which are designated for the use of CMAR in furtherance of the
Project.
77. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached, may be
incorporated by reference.
78. Subcontractor —An individual or entity, whether one or more, at whatever tier, having a direct
contract with the CMAR or with any other Subcontractor for the performance of a part of the Work.
79. Subcontractor's Price —The moneys payable by CMAR to a Subcontractor for completion of their
portion of the Work in accordance with the Construction Documents.
80. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate
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some portion of the Work.
81. Substantial Completion — The stage in the progress of the Project when the Work (or designated
portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City
can utilize the Project (or a designated portion thereof) for its intended use.
82. Successful Bidder —The Bidder submitting the lowest and most responsive Bid and to whom CMAR
makes an award of a contract, unless otherwise directed by City.
83. Superintendent — The representative of the CMAR who is available at all times and able to receive
instructions from the City and to act for the CMAR.
84. Supplementary Conditions —That part of the Contract Documents which amends or supplements
these General Conditions.
85. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CMAR or with any Subcontractor to furnish materials or equipment to be incorporated
in the Work.
86. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities,
including but not limited to, those that convey electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
87. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition.
88. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday
or legal holiday, as approved in advance by the City.
89. Work —The labor, materials, equipment, and services necessary to perform the construction -phase, or
the various separately identifiable parts thereof, as required by the Contract Documents. Work
includes and is the result of performing or providing all other services, and documentation necessary
to perform such construction including any Change Order or Field Order, and furnishing, installing,
and incorporating all materials and equipment into such construction, as required by the Contract
Documents.
90. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays
authorized by the City for contract purposes, in which weather or other conditions not under the
control of the CMAR will permit the performance of the principal unit of work underway for a
continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide, Supply:
The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the
word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Common Construction Terms: Unless stated otherwise in the Contract Documents,
words or phrases that have a well-known technical or construction industry or trade meaning
are used in the Contract Documents in accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the
Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as
requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
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2.03 Starting the Work
CMAR shall begin compensable performance of the design -phase portion of the Work on the
date when the Contract Time commences to run. No construction -phase Work shall be done at the
Site prior to the date on which the City approves the final design of the Work, unless an early works
package, whether one or more, is requested and permission is specifically granted by the City.
2.04 Before Starting Construction, Baseline Schedules
CMAR shall submit to City its schedule in accordance with the Contract Documents, and
prior to starting the Work. No progress payment shall be made to CMAR until acceptable schedules
are submitted to City in accordance with the Schedule Specification as provided in the Contract
Documents.
2.05 Preconstruction Conference
Before any construction -phase Work at the Site is started, the CMAR shall attend a
Preconstruction Conference as specified in the Contract Documents.
2.06 Public Meeting
CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR
attending the Public Meeting as scheduled by the City.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
section. The CMAR o r Subcontractor shall not take advantage of any variation of form,
format or style in making Contract Claims.
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E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience. The CMAR or Subcontractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, CMAR, or any of
their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. CMAR's an d Subcontractor's Review of Contract Documents Before Starting Work:
Before undertaking each part of the Work, CMAR and relevant Subcontractors shall
carefully study and compare the Contract Documents and check and verify pertinent figures
therein against all applicable field measurements and conditions. CMAR shall promptly
report in writing to City any conflict, error, ambiguity, or discrepancy which CMAR
discovers, or has actual knowledge of, and shall obtain a written interpretation or
clarification from City before proceeding with any Work affected thereby.
2. CMAR's o r Subcontractor's Review of Contract Documents During Performance of
Work: If, during the performance of the Work, CMAR o r Subcontractors discover any
conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the
Contract Documents and (a) any applicable Law or Regulation, (b) any standard,
specification, manual, or code, or (c) any instruction of any Supplier, then CMAR shall
promptly report it to City in writing. CMAR shall not proceed with the Work affected
thereby (except in an emergency as required by Paragraph 6.18.A) until an amendment or
supplement to the Contract Documents has been issued by one of the methods indicated in
Paragraph 3.04.
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3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless CMAR had actual knowledge thereof
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by
one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.19.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract
Documents for record purposes.
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3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to CMAR, or by CMAR to City or Engineer, that may be relied upon are limited to the printed
copies included in the Contract Documents (also known as hard copies) and other Specifications
referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data,
graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify CMAR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CMAR must comply in
performing the Work. City will obtain in a timely manner and pay for easements for permanent
structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the CMAR in accordance with the Contract Documents must consider
any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or
relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary
Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract
Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by
others.
B. Upon reasonable written request, City shall furnish CMAR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. CMAR shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
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1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by CMAR on Technical Data Authorized: CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by CMAR, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then CMAR shall, immediately after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.18.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
CMAR shall be entitled to an adjustment in the GMP or Contract Time if:
1. CMAR did not know of the existence of such conditions at the time CMAR made a final
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commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or
becoming bound under a negotiated contract; or
2. the existence of such condition could not reasonably have been discovered or revealed as a
result of the examination of the Contract Documents or the Site; or
3. CMAR gave the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. The cost of all of the following will be included in the GMP, and CMAR shall have full
responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.18.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. CMAR shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
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3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
CMAR shall provide engineering surveys to establish reference points for construction, which are
necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or
other customary method of marking to establish line and grades for roadway and utility construction,
centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established
reference points and property monuments, and shall make no changes or relocations. CMAR shall
report to City whenever any reference point or property monument requires relocation because of
necessary changes in grades or locations. CMAR shall be responsible for the replacement or
relocation of reference points or property monuments destroyed by the CMAR or Subcontractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by CMAR on Technical Data Authorized: CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by CMAR and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CMAR shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a
Hazardous Environmental Condition created with any materials brought to the Site by CMAR,
Subcontractors, Suppliers, or anyone else for whom CMAR is responsible.
D. If CMAR encounters a Hazardous Environmental Condition or if CMAR or anyone for whom
CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all work in connection with such condition
and in any area affected thereby (except in an emergency as required by Paragraph 6.18.A); and
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(iii) verbally notify City (and promptly thereafter confirm such notice in writing). City may
consider the necessity to retain a qualified expert to evaluate such condition or take corrective
action, if any. When the Hazardous Environmental Condition has been rendered harmless —
whether by the CMAR or City's separate remediation contractor, the work in the affected area
shall resume upon written notice by the City to CMAR. For such verified Hazardous
Environmental Conditions that CMAR encounters that are not within CMAR's scope of work,
the Contract Time shall be extended appropriately and a Change Order shall be negotiated for
reasonable costs of shut -down, delay and restart.
E. CMAR shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to CMAR: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice CMAR does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and
all court or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by CMAR or by anyone for whom CMAR is responsible.
Nothing in this Paragraph shall obligate CMAR to indemnify any individual or entity from
and against the consequences of that individual's or entity's own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 — INDEMNITY, BONDS AND INSURANCE
5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME
LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES OF CITY. CMAR
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND
HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR
DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH,
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DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM, IN WHOLE OR IN PART, ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. THE INTENT
OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS
SOLE OR CONCURRENT NEGLIGENCE.
5.02 Bonds
All bonds and insurance required by the Contract Documents to be purchased and maintained by
CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in
the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such
surety and insurance companies shall also meet such additional requirements and qualifications as
may be provided in the Supplementary Conditions.
Performance, Payment, and Maintenance Bonds
A. If a fixed contract amount or GMP has not been determined at the time the Agreement
is awarded, the penal sums of the performance and payment bonds must each be in an
amount equal to the construction budget.
B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver
to the City payment and performance bonds or a bid bond or other financial security acceptable
to City to ensure that the CMAR will furnish the payment and performance bonds prior to
commencement of the construction Work. No payment or performance bond is required for the
design portion of the Agreement. The payment and performance bonds shall each be on a form
acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in
the name of the City.
C. Maintenance bond(s), valid for two years from the Substantial Completion date of the
construction Work, shall be procured and provided by the CMAR to City prior to final
acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name
of and in favor of the City.
D. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice will be given to the CMAR to that effect and the CMAR shall
immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an
agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its
right to do business in the State of Texas is terminated or it ceases to meet the requirements of
Paragraph 5.02.1), CMAR shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
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with the requirements of Paragraphs 5.01 and 5.02.D.
5.03 Certificates of Insurance
CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by
City or any other additional insured) which CMAR is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
2. The CMAR's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the CMAR agrees to waive all rights of subrogation against the
Engineer (if applicable, and except related to any Builders' Risk insurance provided by
CMAR), and each additional insured identified in the Supplementary Conditions.
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of
insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Agreement and for three (3) years following
Final Acceptance provided under the Contract Documents or for the warranty period,
whichever is longer. An annual certificate of insurance submitted to the City shall evidence
such insurance coverage.
9. Policies shall have no exclusions by endorsements which neither nullify or amend the
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required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a contract has been awarded and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the CMAR or Subcontractor to obtain such coverage, the
contract price shall be adjusted by the cost of the premium for such additional coverage plus
10%.
10. Any self -insured retention (SIR) in excess of $25,000.00 affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverages and their limits when deemed necessary
and prudent by the City based upon changes in statutory law, court decision or the claims
history of the industry as well as of the contracting party to the City. The City shall be
required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Agreement by amendment.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto.
13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's
insurance.
5.04 Categories of Insurance
A. Workers Compensation and Employers' Liability. CMAR shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from CMAR's
performance of the Work and CMAR's other obligations under the Contract Documents,
whether it is to be performed by CMAR, any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable for:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Subcontractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the CMAR to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto',
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the CMAR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the CMAR shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: CMAR shall immediately notify City upon cancellation or
other loss of insurance coverage. CMAR shall stop work until replacement insurance has been
procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Insurance Requirements
A. Preconstruction Phase Services:
1. CMAR shall not commence work under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
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2. Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMAR's worker's compensation
insurance policy, the City, its officers, employees and servants shall be endorsed as an
additional insured on CMAR's insurance policies.
b. Certificates of insurance shall be delivered to the City's Project Representative at the address
specified prior to commencement of Work.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of
cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days'
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The City must approve in writing any alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the Project
shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the
City.
h. CMAR's insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self -funded or commercial coverage maintained by City shall not be
called upon to contribute to loss recovery.
i. In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project
Representative any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
j. CMAR's liability shall not be limited to the specified amounts of insurance required herein.
B. Construction Phase:
The limits of liability for the required insurance shall provide the following coverages for not
less than the following amounts or greater where required by laws and regulations:
Workers' Compensation:
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100,000 Disease - each employee
$500,000 Disease - policy limit
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Commercial General Liability:
Commercial General Liability shall be on a per project basis covering the CMAR with
minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work package,
if more than one.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
Automobile Liability:
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non -owned and shall be in an amount not less than the following amounts:
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
5.06 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the CMAR in accordance with this Article 5 on the
basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in
writing within 10 Business Days after receipt of the certificates (or other evidence requested).
CMAR shall provide to the City such additional information in respect of insurance provided as the
City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior
to the start of the Work, or of such failure to maintain prior to any change in the required coverage.
ARTICLE 6 — CMAR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. CMAR shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, CMAR shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be CMAR's representative at the Site and shall have authority to act on
behalf of CMAR. All communication given to or received from the Superintendent shall be
binding on CMAR.
C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of
construction -phase Work.
6.02 Labor; Working Hours
A. CMAR shall provide competent, suitably qualified personnel to perform construction as required
by the Contract Documents. CMAR shall at all times maintain good discipline and order at the
Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. CMAR will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior;
2. for Weekend Working Hours request must be made by noon of the preceding Thursday;
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Solicitation of Construction -Phase Work.
A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade
contractors or subcontractors for the performance of all major elements of the Work other than
minor work that may be included in the Construction Documents. CMAR may seek to self -
perform portions of the Work by submitting its Bid or proposal for those portions of the work in
the same manner as all other trade contractors or subcontractors and upon a determination by
City that the CMAR's bid or proposal provides the best value for the City.
B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that
does not disclose the contents of the Bid or proposal during the selection process to a person not
employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the
City on request and to the public after the later of the award of the contract or the seventh day
after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and
recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City
requires another Bid or proposal to be accepted, City shall compensate the CMAR by a change
in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the
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City's requirement that another Bid or proposal be accepted.
C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to
execute a contract after being so selected, the CMAR may fulfill, without advertising, the
contract requirements or select a replacement trade contractor or subcontractor to fulfill the
contract requirements. CMAR self -performance under this section does not directly absolve
CMAR from its MBE Utilization Plan requirements.
6.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of Agreement, unless otherwise specified.
6.05 Project Schedule
A. CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and
the General Requirements as it may be adjusted from time to time as provided below.
1. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the
General Requirements) proposed adjustments in the Project Schedule that will not result in
changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. CMAR shall submit to City a monthly Project Schedule with a monthly progress payment for
the duration of the Agreement in accordance with the schedule specification 0132 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
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6.06 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is specified or described in the Construction
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function, appearance, and quality
required. Unless the specification or description contains or is followed by words reading that:
no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to City by CMAR for review under the
circumstances described below.
1. "Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by
CMAR is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. The City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. CMAR certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Construction Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by CMAR does not
qualify as an "or -equal" item, it may be submitted as a proposed substitute item.
b. CMAR shall submit sufficient information as provided below to allow City to determine
if the item of material or equipment proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for review of proposed substitute items of
material or equipment will not be accepted by City from anyone other than CMAR.
c. CMAR shall make written application to City for review of a proposed substitute item of
material or equipment that CMAR seeks to furnish or use. The application shall comply
with Section 0125 00 and:
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1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
CMAR's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents, CMAR
may furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction approved by City. CMAR shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. CMAR shall make written application to City for review
in the same manner as those provided in Paragraph 6.06.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.13. City may require CMAR
to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise CMAR in writing of its determination.
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D. Special Guarantee: City may require CMAR to furnish at CMAR's expense a warranty with
respect to any substitute. CMAR shall indemnify and hold harmless City and anyone directly
or indirectly employed by them from and against any and all claims, damages, losses and
expenses (including attorneys' fees) arising out of the use of substituted materials or
equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.13. Whether or not City approves
a substitute so proposed or submitted by CMAR, CMAR may be required to reimburse City for
evaluating each such proposed substitute. CMAR may also be required to reimburse City for the
charges for making changes in the Contract Documents (or in the provisions of any other direct
contract with City) resulting from the acceptance of each proposed substitute.
F. CMAR's Expense: CMAR shall provide all data in support of any proposed substitute or "or -
equal" at CMAR's expense.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Agreement by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.07 Concerning Subcontractors, Suppliers, and Others
A. Business Diversity Enterprise Ordinance Compliance: It is a City requirement to ensure the full
and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the
procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If
the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply
with the City's Business Diversity Ordinance by doing the following:
1. CMAR shall provide complete and accurate information regarding actual work performed by
an MBE and/or SBE on the contract and payment therefor.
2. CMAR's or Subcontractor's failure to make payments as provided by state law shall, in
addition to any other remedies provided by law, authorize City to withhold future payments
and/or reject future bids from the CMAR or Subcontractor until compliance with the
Business Diversity Enterprise Ordinance is attained.
3. CMAR will not make additions, deletions, or substitutions of accepted MBE/SBE firms
without written consent of the City. Any unjustified change or deletion shall be a material
breach of the Agreement and may result in disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
4. CMAR shall, upon request by City, allow an audit and/or examination of any books, records,
or files in the possession of the CMAR that will substantiate the actual work performed by
an MBE and/or SBE. Material misrepresentation of any nature may be grounds for
termination of the Agreement in accordance with Paragraph 15.02.A. Any such
misrepresentation may subject CMAR to disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
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B. CMAR shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
CMAR is responsible for CMAR's own acts and omissions. Nothing in the Contract Documents
shall:
1. create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any
contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. create any obligation on the part of City to pay or to see to the payment of any monies due
any such Subcontractor, Supplier, or other individual or entity except as may otherwise be
required by Laws and Regulations.
C. CMAR shall be solely responsible for scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work under a
direct or indirect contract with CMAR.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through CMAR.
E. All Work performed for CMAR by a Subcontractor or Supplier will be pursuant to an appropriate
agreement between CMAR and the Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for
the benefit of City.
6.08 Wage Rates
A. Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. CMAR or any Subcontractor who does not pay the prevailing wage shall,
upon demand made by the City, pay to the City $60 for each worker employed for each calendar
day or part of the day that the worker is paid less than the prevailing wage rates stipulated in
these Contract Documents. This penalty shall be retained by the City to offset its administrative
costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker concerning an alleged violation of 2258.023, Texas
Government Code, by a Subcontractor, the City shall make an initial determination, before
the 31 st day after the date the City receives the information, as to whether good cause exists to
believe that the violation occurred. The City shall notify in writing the CMAR or Subcontractor
and any affected worker of its initial determination. Upon the City's determination that there is
good cause to believe the CMAR or Subcontractor has violated Chapter 2258, the City shall
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retain the full amounts claimed by the claimant or claimants as the difference between wages
paid and wages due under the prevailing wage rates, such amounts being subtracted from
successive progress payments pending a final determination of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR or
Subcontractor and any affected worker does not resolve the issue by agreement before the 15th
day after the date the City makes its initial determination pursuant to Paragraph C above. If
the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth
day after the date that arbitration is required, a district court shall appoint an arbitrator on the
petition of any of the persons. The City is not a party in the arbitration. The decision and
award of the arbitrator is final and binding on all parties and may be enforced in any court of
competent jurisdiction.
E. Records to be Maintained. The CMAR and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the CMAR or Subcontractor in the construction of the
Work provided for in this Agreement; and (ii) the actual per diem wages paid to each worker.
The records shall be open at all reasonable hours for inspection by the City. The provisions of
Paragraph 6.23, Right to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is more frequent,
the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements
of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all
times.
H. Subcontractor Compliance. A Subcontractor shall include in its subcontracts and/or shall
otherwise require all of its subcontractors to comply with Paragraphs A through G above.
6.09 Patent Fees and Royalties
A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the CMAR from its obligations to pay for the use
of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
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limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.10 Permits and Utilities
A. CMAR obtained permits and licenses. CMAR shall obtain and pay for all construction permits
and licenses except those provided for below, in the Supplementary Conditions, or Contract
Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses.
CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.10.B.
City shall pay all charges of utility owners for connections providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for below, in the Supplementary Conditions, or Contract Documents. It will be the
CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes
to the Work beyond the scope of any City -acquired permit, the CMAR is responsible for
obtaining clearances and coordinating with the appropriate regulatory agency. The City will not
reimburse the CMAR for any cost associated with these additional requirements of any City -
acquired permit. The following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
6.11 Laws and Regulations
A. CMAR shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring CMAR's
compliance with any Laws or Regulations.
B. If CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall
bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) arising out of or relating to such Work. However, it shall not be CMAR's responsibility to
make certain that the Construction Documents are in accordance with Laws and Regulations, but
this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
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the cost or time of performance of the Work may be the subject of an adjustment in
Subcontractor's Price, Cost of Work or Contract Time.
6.12 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption
certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate
issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of
State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax
Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
6.13 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. CMAR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. CMAR shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the CMAR to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim.
4. CMAR shall indemnify and hold harmless City from and against all claims, costs, losses,
and damages arising out of or relating to any claim or action, legal or equitable, brought
by any such owner or occupant against City.
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B. Removal of Debris During Performance of the Work: During the progress of the Work CMAR
shall keep the Site and other areas free from accumulations of waste materials, rubbish, and
other debris. Removal and disposal of such waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24- hours after written notice is given to the CMAR that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the CMAR.
D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the
Work and make it ready for utilization by City or adjacent property owner. At the completion of
the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: CMAR shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall CMAR subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.14 Record Documents
A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals
and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate
locations for buried and imbedded items.
6.15 Safety and Protection
A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractor(s) of their responsibility for the safety of persons or property in the performance
of their work, nor for compliance with applicable safety Laws and Regulations. CMAR shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
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pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction of the Work.
B. CMAR shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall
notify owners of adjacent property and owners of Underground Facilities and other utility
owners when prosecution of the Work may affect them and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
C. CMAR shall comply with the applicable requirements of City's safety programs, if any.
D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with
which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused,
in whole or in part, by CMAR, any Subcontractor, Supplier, or any other individual or entity
employed by any of them to perform any of the Work, or anyone for whose acts any of them may
be liable, shall be remedied by CMAR.
F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.16 Safety Representative
CMAR shall inform City in writing of CMAR's designated safety representative at the Site.
6.17 Hazard Communication Programs
CMAR shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.18 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR
shall give City prompt written notice if CMAR believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby or are required as a
result thereof. If City determines that a change in the Contract Documents is required because of
the action taken by CMAR in response to such an emergency, a Change Order may be issued.
B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the CMAR written notice that such work or changes are to be performed. The
written notice shall direct attention to the discrepant condition and request the CMAR to take
remedial action to correct the condition. In the event the CMAR does not take positive steps to
fulfill this written request, or does not show just cause for not taking the proper action, within 24
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hours, the City may take such remedial action with City forces or by contract. The City shall
deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds
due or become due the CMAR on the Project.
6.19 Submittals and Samples
A. CMAR shall submit required Submittals a n d S a in p 1 e s to City for review and acceptance.
Each Submittal or Sample shall be uniquely identified.
1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment CMAR proposes to provide and to enable City to review
the information for the limited purposes required by Paragraph 6.19.C.
3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance
with the design concept shall be executed in conformity with the Contract Documents unless
otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse CMAR from requirements shown on the Drawings and
Specifications.
5. For -Information -Only Submittals upon which the City is not expected to conduct review or
take responsive action shall be so identified.
6. Submit the required number of Samples as specified in the Supplemental Conditions.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.19.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of CMAR.
C. City's Review:
1. City will provide timely review of Submittals. City's review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
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of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve CMAR from responsibility for any variation
from the requirements of the Contract Documents unless CMAR has complied with the
requirements of Section 01 33 00 and City has given written acceptance of each such
variation by specific written notation thereof incorporated in or accompanying the Submittal.
City's review and acceptance shall not relieve CMAR from responsibility for complying
with the requirements of the Contract Documents.
6.20 Continuing the Work
Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in
writing.
6.21 CMAR's General Warranty and Guarantee
A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
CMAR's warranty and guarantee.
B. CMAR's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than CMAR,
Subcontractors, Suppliers, or any other individual or entity for whom CMAR is responsible;
or
2. normal wear and tear under normal usage.
C. CMAR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents nor act as a release of CMAR's obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or
any payment related thereto by City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
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6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The CMAR shall remedy any defects or damages in the Work that was not performed in
accordance with the Contract Documents, and pay for any damage to other work or property
resulting therefrom which shall appear within a period of two (2) years from the date of
Substantial Completion of the Work and shall furnish a good and sufficient maintenance
bond, complying with the requirements of Article 5.02.C. The City will give notice of
observed defects with reasonable promptness.
6.22 Additional Professional Design Services
A. CMAR will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out CMAR's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of CMAR by the Contract Documents, City will
specify all performance and design criteria that such services must satisfy. CMAR shall cause
such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by CMAR's design professionals.
D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.19.C.
6.23 Right to Audit
A. The CMAR agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers, and records of the CMAR involving transactions
relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be
subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to
all necessary CMAR facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give CMAR reasonable advance notice of intended audits.
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B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the
Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers, and records of such Subcontractor, involving
transactions to the subcontract (except that any lump sum amounts or agreed -upon rates shall
not be subject to audit), and further, that City shall have access during Regular Working
Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Subcontractor reasonable advance notice of intended audits.
C. CMAR and Subcontractor agree to photocopy such documents as may be requested by the City.
The City agrees to reimburse CMAR or Subcontractor for the cost of the copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 (the "Act') as amended: CMAR shall comply with the
requirements of the Act and the Regulations as further defined in the Supplementary Conditions
for any project receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners; and such other contractors shall be responsible for procuring their own property,
liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to CMAR prior to starting any such other work.
B. CMAR shall afford each other contractor who is a parry to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise make its several parts come together
and properly integrate with such other work. CMAR shall not endanger any work of others by
cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or
alter others' work with the written consent of City and the others whose work will be affected.
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C. If the proper execution or results of any part of CMAR's Work depends upon work performed by
others under this Article 7, CMAR shall inspect such other work and promptly report to City in
writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report
will constitute an acceptance of such other work as fit and proper for integration with CMAR's
Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to CMAR
City shall issue all communications to CMAR.
8.02 Furnish Data
City shall timely:
A. Provide to CMAR all criteria and full information as to its requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which the City will require to be included in the Project's design or other
information required under the Contract Documents.
B. Provide to CMAR all non -confidential technical data in its possession which it may lawfully
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pay When Due
City shall make payments to CMAR in accordance with Article 14
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8.04 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.05 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.06 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and
Regulations applicable to the performance of the Work. City will not be responsible for
CMAR's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) for the duration of the Project. The duties
and responsibilities and the limitations of authority of City's Project Representative(s) during each
phase of the Work are set forth in the Contract Documents.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of the Work as City deems necessary in order to observe the progress that has been made
on the various aspects of the Work. Based on information obtained during such visits and
observations, City's Project Representative will determine, in general, if the Work is proceeding
in accordance with the Contract Documents. City's Project Representative will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. City's Project Representative's efforts will be directed toward providing City a greater
degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.06.
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9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and
are compatible with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. These may be accomplished by a Field Order and will be binding on
City and CMAR, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative, in conjunction with
input from City inspectors, believes to be defective, or will not produce a completed Project that
conforms to the Contract Documents or that will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents. City will have
authority to conduct special inspection or testing of the Work as provided in Article 13, whether or
not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Performed
CMAR will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with CMAR the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the CMAR, subject to
the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring a Change Order, but which may adjust Contract
Time or Cost of Work, a Field Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
CMAR shall not be entitled to an increase in the Cost of Work or an extension of the Contract Time
with respect to any work performed that is not required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as
provided in Paragraph 6.18.
10.03 Execution of Change Orders
A. City and CMAR shall execute appropriate Change Orders covering:
changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.0l.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Subcontractor's Price or Contract Time which are agreed to by the parties,
including any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the CMAR shall proceed with the work after
making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The CMAR shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs CMAR incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Cost of Work or Contract Time), the giving of any such notice will be CMAR's responsibility.
The amount of each applicable bond will be adjusted by the CMAR to reflect the effect of any such
change.
10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
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precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. written notice stating the general nature of each Contract Claim shall be delivered by the
CMAR to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the parry making the Contract
Claim.
2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for CMAR to submit additional or more accurate data in support of
such Contract Claim).
3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the
provisions of Paragraph 12.02.
4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.03.
5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment
claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said
event.
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the CMAR, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
E. No Contract Claim for an adjustment in Cost of Work or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; UNIT PRICE WORK
11.01 Cost of Work
A. CostsIncluded.- The term Cost of Work means the sum of all costs, except those excluded in
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Paragraph 11.01.13, necessarily incurred and paid by CMAR in the proper performance of the
Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to
CMAR will be only those additional or incremental costs required because of the change in the
Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.01.B,
but shall include, but not be limited to, the following items:
1. payroll costs for employees in the direct employ of CMAR in the performance of the
Work under schedules of job classifications agreed upon by City and CMAR . Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and
refunds or returns from sale of surplus materials and equipment shall accrue to City and
CMAR shall make provisions so that they may be obtained. Costs of materials described in
this paragraph in excess of those actually installed but required to provide reasonable
allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to
the City at the completion of the Work or, at the City's option, shall be sold by the CMAR
or returned to the supplier; amounts realized, if any, from such sales or returns shall be
credited to the City as a deduction from the Cost of the Work.
3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented
from CMAR or others in accordance with rental agreements approved by City, and the costs
of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such
costs shall be in accordance with the terms of said rental agreements. The rental of any such
equipment, machinery, or parts shall cease when the use thereof is no longer necessary for
the Work.
4. Payments made by CMAR to its Subcontractors for Work performed by Subcontractors. If
any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined by the
CMAR.
a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
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Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. The most
recent published edition in effect at the commencement of the actual equipment use
shall be used.
b. Rates shall apply to equipment in good working condition. Equipment not in good
condition, or larger than required, may be rejected by City's Project Representative or
Engineer or accepted at reduced rates.
c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the
basis that the equipment was on and utilized at the Project site. In addition to the
leasing rate above, equipment operational costs shall be paid at the estimated operating
cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Blue Book Payment
Actual Usage
Category
Less than 8 hours
Hourly Rate
8 or more hours but less than
Daily Rate
7 days
7 or more days but less than
Weekly Rate
30 days
30 days or more
Monthly Rate
d. Equipment when idle (Standby): Idle or standby equipment is equipment on -site or in
transit to and from the Work site and necessary to perform the Work under the
modification but not in actual use. Idle equipment time, as documented by the
Engineer, shall be paid at the leasing rate determined in Paragraph I1.0l.A.4.c.,
excluding operational costs.
e. Where a breakdown occurs on any piece of equipment, payment shall cease for that
equipment and any other equipment idled by the breakdown. If any part of the Work is
shut down by the City, standby time will be paid during non -operating work hours if
diversion of equipment to other Work is not practicable. Project Representative
reserves the right to cease standby time payment when an extended shutdown is
anticipated.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed by CMAR for services
specifically related to the Work.
6. Supplemental costs including the following:
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a. The proportion of necessary transportation, travel, and subsistence expenses of
CMAR's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, dismantling and removal of all materials,
supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,
and hand tools not owned by the workers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain
the property of CMAR.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR
is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations.
d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to any of the Work that
has been completed and accepted by the City, not compensated by insurance or
otherwise, sustained by CMAR in connection with the performance of the Work,
provided such losses and damages have resulted from causes other than the negligence of
CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made
with the written consent and approval of City. No such losses, damages, and expenses
shall be included in the Cost of the Work for the purpose of determining CMAR's fee.
If, however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for
services, a fee proportionate to that stated in Paragraph 12.01.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions
and communication services at the Site, reproduction costs, progress photography costs,
costs of general office and similar supplies, postage, express delivery and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for all bonds CMAR is required by the Contract Documents to
purchase and maintain; the cost of all subcontractor bonds and/or an agreed -upon rate for
subcontractor default insurance; and insurance at an agreed -upon rate.
i. Costs of removal of debris from the site.
J. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR's written policies for personnel at or below the level of Project
Superintendent.
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k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
Subcontractors for this Project.
1. Deductibles and self -insured retention amounts associated with insurance.
in. Fees and assessments for the building permit and for other permits, licenses and
inspections for which the CMAR is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the Contract Documents, except those
related to nonconforming Work other than that for which payment is permitted by
Paragraph t below.
o. Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for
infringement of patent or other intellectual property rights arising from such requirement
by the Contract Documents and payments made in accordance with legal judgments or
settlements against the CMAR resulting from such suits or claims, such payments made
only with the City's consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the CMAR's Fee or
the Guaranteed Maximum Price and provided that such royalties, fees and costs are not
excluded by provisions of the Contract Documents.
p. Legal or mediation costs, other than those arising from disputes between the City and
CMAR or reasonably incurred by the CMAR in the performance of the Work, except
where covered under any indemnity by CMAR and only with the City's written
permission.
q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy
for relocation and temporary living allowances of personnel required for the Work, in
case it is necessary to relocate such personnel, for personnel below the level of Project
Superintendent.
r. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage,
injury or loss in case of an emergency affecting the safety of persons or property.
s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work
performed by the CMAR or its Subcontractors or suppliers, provided that such damaged
or nonconforming Work was not caused by the negligence or failure of the CMAR or the
CMAR's employees, including supervisory, administrative or managerial personnel, to
perform in accordance with the Contract Documents or by the failure of the CMAR's
personnel to supervise adequately the Work of the subcontractors or suppliers, and only to
the extent that the cost of repair or correction is not recoverable by the CMAR from
insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
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approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities, temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on -site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of CMAR's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site
or in CMAR's principal or branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be
considered administrative costs covered by the CMAR's fee.
2. Expenses of CMAR's principal and branch offices other than CMAR's office at the Site.
3. Any part of CMAR's capital expenses, including interest on CMAR's capital employed for
the Work and charges against CMAR for delinquent payments.
4. Costs due primarily to the negligence of CMAR , any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.0I I.A.
6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.0l.A.3.
8. Liquidated damages assessed the CMAR by the City.
9. Data processing and software costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.0I.B.1 above.
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11. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in the discharge of duties connected with the Work in accordance with
the CMAR's written policies for personnel identified in Paragraph 11.0I.B.1 above.
C. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, CMAR will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
D. For all subcontracts, the CMAR shall ensure compliance with Texas law.
E. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall
accrue to the City if (1) before making the payment, the CMAR included them in an Application
for Payment and received payment therefore from the City or (2) the City has deposited funds with
the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR.
Trade discounts, rebates, refunds and amounts received from sales of surplus materials and
equipment shall accrue to the City, and the CMAR shall make provisions so that they can be
secured. Amounts which accrue to the City in accordance with the provisions of this paragraph
shall be credited to the City as a deduction from the Cost of the Work.
F Accounting Records: The CMAR shall keep full and detailed accounts and exercise such controls
as may be necessary for proper financial management under the Contract Documents; the
accounting and control systems shall be satisfactory to the City.
11.02 Unit Price Work
A. Where the Construction Documents provide that all or part of the Work is to be Unit Price
Work, initially the GMP will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial GMP. Determinations of the actual
quantities and classifications of Unit Price Work performed by CMAR will be made by City
subject to the provisions of Paragraph 9.05.
C. Work described in the Contract Documents, or reasonably inferred as required for a functionally
complete installation, but not identified in the listing of unit price items shall be considered
incidental to unit price work listed and the cost of incidental work included as part of the unit
price.
D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if.
1. the quantity of any item of Unit Price Work performed by CMAR differs materially and
significantly from the estimated quantity of such item indicated in the Construction
Documents; and
2. there is no corresponding adjustment with respect to any other item of Work.
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E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work may be paid for with allowance or
contingency funds.
2. If the changes in quantities or alterations significantly change the character of work, the
Agreement will be amended by a Change Order in accordance with Article 10.
4. A significant change in the character of work occurs when:
a. the character of work for any item as altered differs materially in kind or nature from that
in accordance with the Plans or the Construction Documents; or
b. a Major Item of work varies by more than 25% from the original Plans or Construction
Documents quantity.
5. When the quantity of work to be done under any Major Item of the Agreement is more
than 125% of the original quantity stated in the Agreement, then either party may request
an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Agreement is less than
75% of the original quantity stated in the Agreement, then either party may request an
adjustment to the unit price.
11.03 Additional Compensation. Where CMAR may be entitled to additional compensation, the
calculation to determine such additional compensation shall not include any costs or expenses for any
home -office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples
of which include: project site trailer, project site utility costs, project site supervision, Project Engineer
(billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs.
ARTICLE 12 — CMAR'S FEE; CHANGE OF CONTRACT TIME, DELAYS
12.01 CMAR 's Fee
The CMAR's Fee shall be as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GMP may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
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2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price plus CMAR's Construction Services Fee, and
shall include the cost of any secondary impacts that are foreseeable at the time of pricing
the cost of Extra Work; or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.02.13.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's
Construction Services Fee.
4. the amount of credit to be allowed by CMAR to City for any change which results in a net
decrease in cost will be the amount of the actual net decrease in cost plus a corresponding
deduction in CMAR's Fee.
12.03 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless
the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or
CMAR can show by critical path method analysis how the Extra Work or claimed delay
adversely affects the critical path.
12.04 Delays
A. Where CMAR is reasonably delayed in the performance or completion of any part of the
Work due to delay beyond the control of CMAR, and that affected Work is within the Contract
Time, the Contract Time may be extended in an amount equal to the time lost due to such delay
if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not
be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility
owners or other contractors performing other work as contemplated by Article 7, fires, floods,
epidemics or abnormal weather conditions.
B. If CMAR is delayed, City shall not be liable to CMAR for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or other dispute resolution costs) sustained by CMAR on or in
connection with any other project or anticipated project of CMAR.
C. CMAR shall not be entitled to an adjustment in Cost of Work or Contract Time for delays within
the control of CMAR. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of CMAR.
D. The CMAR shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its
Engineer or consultants, or utility owners or separate contractors, including without limitation
the failure of the City to provide information or material, if any, which is to be furnished by the
City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to CMAR. Defective
Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests shall
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. CMAR shall provide them proper and safe conditions for such access and advise them of
CMAR's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CMAR shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be
inspected, tested, or approved by City, City shall assume responsibility for arranging and
obtaining such independent inspections, tests, retests or approvals, pay all costs in connection
therewith, and receive the required certificates of inspection or approval; excepting, however,
those fees specifically identified in the Supplementary Conditions or any Texas Department of
Licensure and Regulation (TDLR) inspections, which shall be paid as described in the
Supplementary Conditions.
C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection
with any additional inspections, tests, re -tests, or approvals required for City's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in
the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable
to City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests for any part of the Work, as determined solely by City.
1. City will coordinate such testing with CMAR;
2. Should any testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the CMAR shall be responsible for paying for any and all retests.
CMAR's cancellation without cause of City initiated testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by CMAR. City will forward all invoices for retests to CMAR.
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4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab
is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such
Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense.
G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at CMAR's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for
observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs
associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs
and/or time directly attributable to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that the completed Work will conform to the
Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however, this right of City to stop the Work shall not give
rise to any duty on the part of City to exercise this right for the benefit of CMAR, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
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13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an
acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement of work of others). Failure to
require the removal of any defective Work shall not constitute acceptance of such Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for CMAR's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to
be defective, CMAR shall promptly, without cost to City and in accordance with City's written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If CMAR does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by CMAR.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start to
run from an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
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of the initial correction period. City shall provide 30 days written notice to CMAR should such
additional warranty coverage be required. CMAR may dispute this requirement by filing a
Contract Claim.
E. CMAR's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. CMAR shall pay all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Cost of Work reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If CMAR fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with
Paragraph I 3.06.A, or if CMAR fails to perform the Work in accordance with the Contract
Documents, or if CMAR fails to comply with any other provision of the Contract Documents,
City may, after seven (7) days written notice to CMAR, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude CMAR
from all or part of the Site, take possession of all or part of the Work and suspend services
related thereto, and incorporate in the Work all materials and equipment incorporated in the
Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere.
CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other
contractors, access to the Site to enable City to exercise the rights and remedies under this
Paragraph 13.09.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against CMAR, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Cost of Work.
D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
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ARTICLE 14 — PAYMENTS TO CMAR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values will serve as the basis for progress payments and will be incorporated into
an Application for Payment acceptable to City. Progress payments on account of Unit Price Work
will be based on the number of units completed.
14.02 Progress Payments
A. Applications for Payments:
1. CMAR is responsible for providing all information as required to become a vendor of the
City.
2. CMAR shall submit to City for review an Application for Payment filled out and signed by
CMAR covering the Work completed as of the date of the Application for Payment and
accompanied by such supporting documentation as is required by the Contract Documents.
The CMAR's Fee for overhead and profit shall be payable on a monthly basis, prorated as a
percentage of the Contract Time expended.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that CMAR, o n b e h a l f o f City, has received the materials and
equipment free and clear of all Liens and evidence that the materials and equipment are
covered by appropriate insurance or other arrangements to protect City's interest therein, all
of which must be satisfactory to City.
4. Beginning with the second Application for Payment, it and each subsequent Application for
Payment shall include an affidavit from CMAR stating that previous progress payments
received on account of the Work have been applied on account to discharge CMAR's
legitimate obligations associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applications for Payment:
1. City will, within 30 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment or return the Application for Payment to CMAR
indicating reasons for refusing payment. In the latter case, CMAR may make the necessary
corrections and resubmit the Application for Payment.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
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a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle CMAR to
be paid additionally by City or entitle City to withhold payment to CMAR, or
c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of
the Work.
4. City may refuse to process the whole or any part of any payment due to evidence or the
results of inspections or tests, to such extent as may be necessary to protect City from loss
because:
a. the Work is defective, or the completed Work has been damaged by the CMAR or
Subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in the current or previous Applications for Payment;
c. the Cost of Work has been reduced by Change Orders;
d. City has been required to correct Defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A. C.
C. Payment:
1. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any
undisputed portion of an Application for Payment will become due within 30 days of the
receipt of the Application for Payment.
2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever
phase), or in the event any Application for Payment remains unpaid for ninety days on the
basis of non-performance on the part of the City, to terminate this Agreement. Interest at the
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rate of two percent per annum shall be payable on any amounts which are not in dispute but
are unpaid by City after sixty days after receipt of an Application for Payment. When such
progress payments are restored, unless terminated as provided for herein, CMAR shall
resume providing all agreed -upon Services.
D. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where CMAR has delivered a
specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give CMAR written
notice stating the reasons for such action and shall pay CMAR any amount remaining after
deduction of the amount so withheld. City shall pay CMAR the amount so withheld, or any
adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for
such action.
14.03 CMAR's Warranty of Title
CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with CMAR's performance
of the remainder of the Work. City at any time may notify CMAR in writing to permit City to
use or occupy any such part of the Work which City and CMAR determine to be ready for its
intended use, subject to the following conditions:
1. CMAR at any time may notify City in writing that CMAR considers any such part of the
Work ready for its intended use.
2. Within a reasonable time after notification, City and CMAR shall make an inspection of
that part of the Work to determine its status of completion. If City does not consider that part
of the Work to be substantially complete, City will notify CMAR in writing giving the
reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
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14.05 Final Inspection
A. Upon written notice from CMAR that the entire Work is complete in accordance with the
Contract Documents City will:
1. within 10 days schedule a Final Inspection with CMAR; and
2. no later than 10 days thereafter, notify CMAR in writing of all particulars which the Final
Inspection reveals that the Work is incomplete or defective. CMAR shall immediately take
such measures as are necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the CMAR between the date the written notice to the City
is issued and the date of Final Inspection. Should the City determine that the Work is not ready
for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by CMAR, to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to CMAR a letter of Final Acceptance.
14.07 Final Payment
A. Application for Final Payment:
1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final
payment following the procedure for progress payments in accordance with the Contract
Documents.
2. The final Application for Payment shall be accompanied by:
a. all documentation called for in the Contract Documents(except as previously delivered),
including but not limited to the evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that CMAR believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of any Liens filed in connection with
the Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Final Payment and accompanying
documentation, and:
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a. after subtracting previous payments made; and
b. after subtracting any sum(s) to which the City is entitled, including but not limited
to liquidated damages; and
c. after all Damage Claims have been resolved:
i) directly by the CMAR; or
ii) CMAR provides evidence that the Damage Claim has been reported to
Subcontractor's insurance provider for resolution; then
d. Final Payment will become due and payable.
2. The making of the final payment by the City shall not relieve the CMAR of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of CMAR's Application for Final Payment, and without terminating the Agreement,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by CMAR to City with the
Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to
Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City.
Before the release, all submittals and final quantities must be completed and accepted by the
City. An amount sufficient to ensure Final Completion will be retained.
14.09 Waiver of Claims
The acceptance of final payment by CMAR will constitute a release of the City from all claims
or liabilities under the Agreement for anything done or furnished or relating to the Work under
the Contract Documents or any act or neglect of City related to or connected with the Agreement.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall
resume the Work on the date so fixed. During temporary suspension of the Work covered by
these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the CMAR, and should it be determined by
mutual consent of the CMAR and City that a solution to allow construction to proceed is not
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available within a reasonable period of time, CMAR may request an extension in Contract Time,
directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the CMAR shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and CMAR shall take every precaution to prevent damage or
deterioration of the work performed; CMAR shall provide suitable drainage about the work, and
erect temporary structures where necessary.
D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events, by way of example but not of
limitation, may justify termination for cause:
1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials
or equipment, failure to adhere to the Project Schedule, as adjusted from time to time;
2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance;
3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05.
4. CMAR's disregard of Laws or Regulations of any public body having jurisdiction;
5. CMAR's repeated disregard of the authority of City;
6. CMAR's violation in any substantial way of any provisions of the Contract Documents;
7. CMAR's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City;
8. Substantial indication that the CMAR has made an unauthorized assignment of the
Agreement or any funds due therefrom for the benefit of any creditor or for any other
purpose;
9. Substantial evidence that the CMAR has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
10. CMAR commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's
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failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of
notice.
1. If the City, CMAR, and Surety do not agree to allow the CMAR to proceed to perform
under the Agreement, the City may, to the extent permitted by Laws and Regulations,
declare CMAR in default and formally terminate the CMAR's right to complete the
Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and
Surety have received notice of conference to address CMAR's failure to perform the Work.
2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 calendar days after the
date of written notice demanding Surety's performance of its obligations, then City, without
process or action at law, may take over any portion of the Work.
3. If City completes the Work, City may exclude CMAR and Surety from the site and take
possession of the Work, and all materials and equipment incorporated into the Work stored at
the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and
finish the Work as City may deem expedient.
4. Whether City or Surety completes the Work, CMAR shall not be entitled to receive any
further payment for Work satisfactorily completed prior to termination until the Work is
completely finished. If the unpaid balance of the Agreement exceeds all claims, costs, losses
and damages sustained by City arising out of or resulting from City or Surety completing the
Work, such excess will be paid to CMAR, with Surety approval, up to the amount
withheld prior to termination. Any excess shall be retained by City unless any completion
or take over agreement between City and Surety require said money to be paid to Surety.
If City completes the Work due to Surety's failure to so perform, and any claims, costs,
losses and damages exceed the unpaid balance, CMAR or Surety shall pay the difference to
City. Such claims, costs, losses and damages incurred by City will be incorporated in a
Change Order, provided that when exercising any rights or remedies under this Paragraph,
City shall not be required to obtain the lowest price for the Work performed.
5. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to CMAR or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the
right to recover damages from CMAR or Surety for CMAR's failure to timely complete the
Work. CMAR shall not be entitled to any claim on account of the method used by City in
completing the Work.
7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
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8. Termination of CMAR for Cause shall nullify any financial incentives which may be
contained in the Agreement.
C. Notwithstanding Paragraphs 15.02.B, CMAR's services will not be terminated if CMAR
begins, within seven days of receipt of notice of intent to terminate, to correct its failure to
perform and proceeds diligently to cure such failure within not more than 30 days of receipt of
said notice.
D. Where CMAR's services have been so terminated by City, the termination will not affect any
rights or remedies of City against CMAR then existing or which may thereafter accrue. Any
retention or payment of moneys due CMAR by City will not release CMAR from liability.
E. To the extent that CMAR has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the
provisions of this Article.
15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Agreement. Any termination shall be effected by mailing a notice of the termination to the
CMAR specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of Termination for Convenience, and except as otherwise directed
by the City, the CMAR shall:
1. Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Agreement as is not
terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance
of, the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
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which, if the Agreement had been completed, would have been required to be furnished
to the City;
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the CMAR
and in which the owner has or may acquire an interest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items
of termination inventory not previously disposed of, exclusive of items the disposition of which
has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the CMAR shall submit a termination
claim to the City in the form and with the certification acceptable to the City. Unless a written
extension request is made within such 60 day period by the CMAR, and granted by the City, any
and all such claims shall be conclusively deemed waived.
F. In such case, CMAR shall be paid, without duplication of any items, for:
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination;
2. direct expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work;
3. reasonable expenses directly attributable to termination; and
4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such
proportion being "the cost of the work completed to date" divided by "GMP minus the
CMAR's Fee".
G. In the event of the failure of the CMAR and City to agree upon the whole amount to be paid to
the CMAR by reason of the termination of the Work under Paragraph 15.03, the City shall
determine, on the basis of information available to it, the amount, if any, due to the CMAR by
reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not
be paid on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
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ARTICLE 16 — DISPUTE RESOLUTION
A. Either City or CMAR may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Agreement. Timely submission of the
request shall stay the effect of Paragraph 10.06.E.
B. City and CMAR shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or CMAR:
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered electronically with a "read receipt verification" requested; or
3. In the case of any notice of Claim or Termination, delivered or sent by registered or
certified mail, postage prepaid, or overnight delivery to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
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Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the contract or termination of the services of CMAR.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 70 of 70
Revised May 2020