HomeMy WebLinkAboutContract 56226 CSC No. 56226
AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK
PRE-CONSTRUCTION AND CONSTRUCTION SERVICES
for
PROJECT
CITY OF FORT WORTH, PROJECT NO.
102749
THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES which
INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between
the City of Fort Worth, a Texas municipality, ("City") and The Fain Group, Inc., a legal entity
existing under the laws of the State of Texas and authorized to conduct business in the State of
Texas, ("CMAR"). City and CMAR may be referred to herein as a "Party" or the "Parties".
WHEREAS, City has identified a project known as Northwest Community Park North Road
Improvements Project# 102749 (the "Project"); and
WHEREAS, City desires to engage CMAR to perform Construction Manager-At-Risk services,
which consist of Pre-Construction Phase Services and Construction Phase Services, for the
Project; and
WHEREAS, CMAR possesses broad experience, knowledge and technical resources to provide
such services related to the design, permitting, construction and construction management for
the Project; and
WHEREAS, City has engaged the services of Halff and Associates, Inc. ("Design Engineer"), to
prepare the design of the Project; and
WHEREAS, CMAR was selected by City through a competitive procurement process; 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 $2,000,542.56, 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 4th
day of February, 2021, 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
OFFICIAL RECORD
CMAR—CFW Northwest Community Park North Road Improvements Project#102749 CITY SECRETARY
Page 1 of 16
FT.WORTH, TX
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized/defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's
scope.
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and the covenants and promises to be carried out by each
Party, the City and CMAR hereby agree to perform the services described herein upon the
terms 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 and 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.
1. CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time, subject to Article 6 herein — 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
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 2 of 16
that all materials and equipment furnished under this Agreement will be in
conformance with the Construction Documents.
ARTICLE 2— COMPENSATION
A. The City shall compensate CMAR for providing the Pre-Construction Phase Services in
the amount of$25,000.00 ("Pre-Construction Phase Cost").
B. The City shall compensate CMAR for providing the Construction Phase Services in the
amount of 4% 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 0%
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 0% 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 amount, which will be a part of the GMP, to be used for schedule incentives
for subcontractors. 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.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 3 of 16
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 $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/WBE
The CMAR must meet, and hereby commits to meet, the Business Equity participation goal
of 0%for the Pre-Construction Phase Services for this Project.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 4 of 16
CMAR must meet, and hereby commits to meet, the Business Equity goal of 11% during
Construction Phase Services for this Project.
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 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. ASSIGNMENT. 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.
F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perform the services under this Agreement. Such
personnel are not employees of, nor have any contractual relationship with the City. CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is solely and exclusively for the benefit of the City and CMAR and not for the
benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to
the other party to the Agreement and are not intended to create any rights, contractual or
otherwise, to any other person or entity. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of City. The doctrine of respondeat
superior shall not apply.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 5 of 16
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, UNDERSTANDS AND
AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M. SURETY BONDS. The CMAR shall furnish the required performance, payment and
maintenance bonds as described in Article 5 of the General Conditions.
N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City's fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost.
P. NO CAUSE OF ACTION AGAINST ENGINEER. CMAR, its subcontractors and
equipment and materials suppliers on the Project or their sureties, shall maintain no direct
action against the Engineer, its officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the engineering services performed. Only the City
will be the beneficiary of any undertaking by the Engineer. The presence or duties of the
Engineer's personnel at a construction site, whether as on-site representatives or otherwise,
do not make the Engineer or its personnel in any way responsible for those duties that
belong to the City and/or the City's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 6 of 16
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
future objections to such legal action and irrevocably waives the right to bring any legal
action in any other jurisdiction.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 7 of 16
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:
Tonda Rice
Park & Recreation Department
200 Texas Street
Fort Worth, Texas 76102
PHONE 817.392.5759
EMAIL Tonda.Rice@fortworthtexas.gov
With Copy to:
All notices to CMAR shall be addressed as follows:
Larry Frazier
The Fain Group, Inc.
2500 Great Southwest
Parkway
Fort Worth, Texas 76108
Ifrazier@faingp.com
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 8 of 16
ARTICLE 18— PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 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 2271, 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.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE
AND ATTACHMENTS/EXHIBITS TO FOLLOW
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 9 of 16
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").
CMAR CITY OF FORT WORTH:
The Fain Group, Inc.
_ J&Adej
By: rr Fra_ • By:Valerie Washington(Aug 12,202121:06 CDT)
NameLarry Frazier 7 Valerie R. Washington
Title president Assistant City Manager
Date: Jun 23,2021 Date: Aug 12,2021
By City:
Approved as to Form and Legality Approval Recommended:
4W �9,
Douglas W. Black Richard Zavala
Assistant City Attorney Director, Park & Recreation Department
M&C: 21-0221 ATTEST: ag4FOR r���a
oF000000000!ry a
Date:3/23/2021 G PA6. ��51��
F.LC P =O OO (�
00- S=0
Form 1295 Yes Ronald P. Gonzales �0 „�o00
Acting City Secretary 1� 0 00000 Abe
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.
Tonda Rice(Jun 23,202107:14 CDT)
Tonda Rice
Project Manager
Park & Recreation Department
.TM
CMAR—CFW Northwest Community Park North Road Improvements Project#102749 OFFICIAL RECORD
Page 10 of 16 CITY SECRETARY
FT.WORTH, TX
ATTACHMENT A
Pre-Construction and Construction Services
Scope of Work
(City's RFP)
Addendum #1
Addendum #2
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 11 of 16
0005 15-1
ADDENDA
Page I of 4
1 SECTION 00 05 15
2 ADDENDA
3
4 ADDENDUM No.: 1
5
6 PROJECT NO. /NAME: 102749— NWCP North Road Improvements
7
8 ADDENDUM ISSUE DATE: January 20, 2021
9
10 TO ALL BIDDERS:
11
12 This addendum is hereby made a part of the Contract Documents and is issued to clarify,
13 correct, and/or modify, the original project proposal, contract book, technical specifications,
14 and/or construction plans/drawings. Please acknowledge this addendum in your proposal
15 documents and/or attach to your contract book.
16
17 CLARIFICATIONS
18
19 1. CMAR experience and/or qualifications for the project will be recognized as they are
20 indicated in the RFP Introduction, paragraph 3, numbers 1 & 2. It is not stated anywhere
21 in the RFP that the Proposer must have CMAR experience on park projects only. Note,
22 the RFP does state that "...special consideration will be given to Proposers that can
23 provide examples of CMAR services on similar successful projects
24
25 CORRECTIONS (highlighted in yellow indicates change):
26
27 1. Revised RFP Coversheet date 2021 Changed to - January 20, 2021
28 2. Revised foot notes added to all pages - Change to - City of Fort Worth— Northwest
29 Community Park North Road Improvements CMAR RFP— Project#102747
30 3. Revised RFP Table of Contents page numbers:
31 Section 1.Definitions and Documents.................................................................. 4
32 Section 4.CMAR Services................................................................................... 8
33 ...Section 5. Procedural Requirements Request for Proposals ...............................
34 11
35 ..Section 6. Content of Proposal and Evaluation Criteria ........................................
36 14
37
38 4. Revised Page 5 Section 2.B.3.a. Changed to - +/- 450'
39 5. Revised Page 5 Section 2.B.3.b. Change to - Pre-Construction Phase Services is 0%.
40 6. Revised Page 6 Section 3.A. Change to -The Business Equity Goal for Pre-Construction
41 Phase Services is 0%.
42 7. Revised Page 6 Section 3.A. Changed to -The Business Equity Goal for Construction
43 Phase Services is 11% .
44 8. Revised Page 6 Section 3.13. Changed to - If a Proposer is certified as a Business Equity
45 Firm (minority or women businesses), such Proposer can count it's self-performance
46 services towards meeting the Business Equity Goal(s)for the assigned NAICS commodity
47 codes on their MBE or WBE certification. If such Proposer cannot or will not self-perform
48 all of the work, it will be required to provide subcontracting opportunities with certified
49 Business Equity Firms to meet the stated goal(s).
50 9. Revised Page 6 Section 3.C. Changed to - DVIN BEOffice(o-)-fortworthtexas.gov
51
CITY OF FORT WORTH NWCP North.Road Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 702749
Revised July I,2011
Page 12 of 16
000515-2
ADDENDA
Page 2 of 4
52 10. Revised Page 8 Section 4.A. Change to -The CMAR Preconstruction Phase services will
53 be provided for a fixed cost identified in the Proposal. The CMAR will provide the following
54 11. Revised Page 8 Section 4.A.2. Changed to - and review prequalification of subcontractor
55 requirements, if any;
56 12. Revised Page 9 Section 4.A.21 inserted additional line: Identify which work, if any, should
57 be procured through value-based competitive selections in lieu of low bid;
58 13. Revised Page 9 Section 4.A.22 inserted additional line: Solicit and publicly procure trade
59 contractors or subcontractors for all major elements of the construction work and for
60 materials estimated at greater than $50,000.00 for the Project if necessary.
61 14. Revised Page 9 Section 4.B. Changed to - The CMAR Construction Phase services will
62 be provided for a percentage fee of the Cost of Work as identified in the Proposal. The
63 CMAR will provide the following Construction Phase Services:
64 15. Revised Page 10 Section 4.B.3.inserted additional line - Review site Safety/emergency
65 response plan with subcontractors;
66 16. Revised Page 10 Section 4.B.4.insert additional line- If not done during Pre-Construction
67 Phase, prepare the competitive procurement solicitation packages for the elements of
68 the Work;
69 17. Revised Page 10 Section 4.B.7. insert additional line -Coordinate and manage the Work
70 in accordance with the Contract Documents including the Plans and Specifications and
71 General Conditions within the Guaranteed Maximum Price and within the contract time
72 agreed upon by the CMAR and the City;
73 18. Revised Page 10 Section 4.13.9. Changed to — Procure necessary materials and
74 equipment;
75 19. Revised Page 10 Section 4.B.10. Changed to - Business Equity Firm goal(s).
76 20. Revised Page 10 Section 4.13.18. Changed to —Monitor the
77 21. Revised Page 11 Section 5. Changed to - PROCEDURAL ITEMS
78 22. Revised Page 12 Section 5.13.3. Changed to - .provided any special care under a PIA
79 request.
80 23. Revised Page 13 Section 5.13. 7. Change to-any interested subcontractors are prohibited
81 from directly or indirectly communicating with, including but not
82 24. Revised Page 13 5.13. 9. Changed to - Proposals received after the date and time
83 specified herein will be returned unopened.
84 Under emergency orders due to the Covid-19 pandemic,
85 25. Revised Page 14 Section 6.A.1.Changed to - February 4, 2021
86 26. Revised Page 14 Section 6.A.2. Change to - Business Equity Firm
87 27. Revised Page 14. Section 6.A.3. Deleted line - ° Fninimung of five prejeGt6 "hall he
88
89 hall ne. exueed ten.
90 Changed to - Proposer shall identify and present a detailed summary on up to five
91 projects that best represent the Proposer's relevant, demonstrated experience and
92 services requested for the Project. The total number of projects presented shall not be
93 less than three.
94 28. Revised Page 15 Section 6.A.4. Changed to - Cost (expressed in dollars) and
95 Construction Phase Fee (expressed as a percentage of cost of work).
96 29. Revised Page 15 Section 6.A.6. 6. Change to - (60)
97 Preconstruction Services — 15 points maximum
98 30. Revised Page 16 Section 6.A.6. 7. Deleted line - 9. SpeGial G nsideFati ns tC r Rt
99
100 pFejec4s by Gity PFeje6t Numbep,
CITY OF FORT WORTH NWCP North.Road Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 702749
Revised July 1,2011 Page 13 of 16
000515-3
ADDENDA
Page 3 of 4
101 GentFaGt value. Up to 5 paints will be given te PFepesem that have Gempleted 4 te 6 laq.ne
102 GenGFete aFteFial pFejeGts with the Gity ef FeFt VVeFth OR the past 5 yeaFr,. Change to -
103 Business Equity
104 31. Revised Page 16 Section 6.C.1. Changed to - and will be acknowledged as an
105 amendment to the CMAR Agreement.
106 32. Revise Page 17 SECTION 7.Changed to-After evaluation and ranking, Staff will attempt
107 to negotiate a contract with the top ranked Proposer. If negotiations fail, the City will end
108 the negotiations in writing and commence negotiations with the next-highest ranked
109 Proposer, and so on, until a contract is negotiated or all candidates are rejected.
110 33. Revised Page 17 SECTION 7: Changed to -As provided in the Agreement,
111 34. Revised Page 20 Added Map 2 — Preliminary Plan Layout of Project Exhibit
112 35. Revised Page 37 Deleted
113 ,
114 ,
115 . WeFk
116 ,
117 disease p o l o ey-4�t $199,909 disease ea eh e m p l e yee G e R S ruEi+ease Sur-es-I It--i s
118 expeeted that Rf}ase ds-a r rnura; e e era s 'Sha;; be 52milaF to :f
119
120
121
122 36. Revised Page 38-Added Performance Bond 00 61 13-1
123 37. Revised Page 39-Added Payment Bond 00 61 14
124 38. Revised Page 40-Added Maintenance Bond 00 61 19
125 39. Revised Page 44-Remove Item 8. from Evaluation Criteria
126 40. Revised Page 47- Construction Manager at Risk Agreement Changed to - (Available
127 in Bim 360, see project directory: PAR/102749— Northwest Community Park
128 North Road Improvements/Bid Documents Package/CMAR RFP)
129 httios://docs.b360.autodesk.com/shares/06579532-491 e-44d3-aaae-71 e590683369
130 41. Revised Page 48 —General Conditions for CMAR Project Change to - (Available in
131 Bim 360, see project directory: PAR/102749— Northwest Community Park North
132 Road Improvements/Bid Documents Package/CMAR RFP)
133 httios://docs.b360.autodesk.com/shares/06579532-491 e-440-aaae-71 e590683369
134 42. Revised Page 49 Added additional Attachment 3— Prequalification
135
136
137 CONTRACT BOOK
L3 8
139 1. Revised Section 00 05 15 Addenda to include Addendum 1.
140
141 TECHNICAL SPECIFICATIONS
142
143 1. There are no Technical Specification changes in Addendum 1.
144
145 CONSTRUCTION PLAN SHEETS and ADDENDUM DRAWINGS
146
147 Qnstruction Plan Sheets
148
149 There are no Construction Plan Sheet changes in Addendum 1.
CITY OF FORT WORTH NWCP North.Road Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 702749
Revised July 1,2011 Page 14 of 16
000515-4
ADDENDA
Page 4 of 4
150
151 lkddenda Drawings
152
153 1. There are no Addenda Dra
154
155
156 END OF ADDENDUM #1
157
158 Release Date: January 21, 2021
159
160 Jpposal Due Date: February 4, 2021
161
162 &LAcknowledge the receipt of this Addendum 1 within Exhibit A— Proposal Affidavit.
163
164
165 01.21.21
166 Tonda Rice
167 City Representative / Project Manager
168
169
170
171
172
173
174 END OF SECTION
CITY OF FORT WORTH NWCP North.Road Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 702749
Revised July I,2011
Page 15 of 16
ADDENDUM #2
Northwest Community Park North Road Improvements Project # 102747
02/01/2021
TO ALL BIDDERS:
Please attach to your specifications. This addendum is hereby made a part of the
Contract Proposal Documents and is issued to modify explain or correct the original
drawings and/or proposal contract.
CLARIFICATIONS
1. The Northwest Community park North Road Improvement project is in a flood plain
the flood plain permit will be processed by the City.
2. Confirming the length of the proposed bridge +/- 450'. Provide a typical section
showing the typical features attached in this addendum #2.
® -E MEW —N —Eao 1EFEaw1 mAL - Z
12' 12' 1'1'
SIDEWALK TRAVEL LANE TRAVEL LANE
BRIDGE TYPICAL SECTION
P roe nerelo:Am -
PROPOSAL DOCUMENTS
Addition of the Bid Bond Form has been added to Bim 360 Bid Folder.
PROJECT MANUAL
Bid Proposal Opening Date: February 4, 2021
There are no Project Manual changes in Addendum #2.
Acknowledge the receipt of this Addendum on your Proposal.
End of Addendum #2
By: %e ms /&c.
Tonda Rice, Project Manager
Page 16 of 16
Release Date: 02/01/2021
REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK
Preconstruction and Construction Phase Services for
Northwest Community Park— North Road Improvements
City Project No. 102749
FORT WORTH.
City of Fort Worth
Mattie Parker David Cooke
Mayor City Manager
Richard Zavala
Director, Park&Recreation Department
January 20, 2021
City of FDrt Worth—Northwest Community Park North Road Improvement Page 1 of 52
CMAR RFP— Project#102747
Table of Contents
Section 1. Definitions and Documents..........................................................................4
Section 2. Description of Project ..................................................................................5
Section 3. Business Diversity ........................................................................................6
Section4. CMAR Services.............................................................................................8
Section 5. Procedural Requirements Request for Proposals ..................................11
Section 6. Content of Proposal and Evaluation Criteria ........................................ 14
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 1 —Location Map
Map 2—Preliminary Plan Layout of Project
Exhibit A — Proposal Transmittal Letter (and corporate verification of
authority)
Exliihit B—Statement of Experience
Exhibit C—Proposed Project Key Personnel
Exhibit D—Exceptions to Agreement (see Attachment 2)
Exliihit E—Conflict of Interest Questionnaire
Exhibit F—Client Reference Form
Exhibit G—Bond Forms
ExhihitH—Safety History Table
Exhibit I—Construction Budget and Fee Proposals
Exhibit J—Evaluation Criteria
ExhihitK—Prevailing Wage Rates
Attachment 1 —General Conditions for CMAR Project
Attachment 2—Draft Construction Manager at Risk Agreement
Attachment 3—Prequalification Resources
Attachment 4—M&C 21-0221
City of Fort- Northwest Community Park North Road Improvement CMAR Page 2 of 52
RFP— Project#102747
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:
• Efficiency 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 (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:
1. 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.
City of Fort Worth—Northwest Community Park North Road Improvement Page 3 of 52
CMAR RFP—Project#102747
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$1,800,000.00, as detailed on Exhibit I.
Construction Phase Services means the Construction services for the Project as more
fully described in this RFP and the Contract.
Construction Phase 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 Halff Associates, Inc., 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.
Utilization Plan means a Proposer's plan to address the diverse Business Equity Goal
(as defined in the Business Equity Ordinance) 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.
City of Fort Worth—Northwest Community Park North Road Improvement Page 4 of 52
CMAR RFP—Project#102747
Project specifically means the construction of the Northwest Community Park-North
Road 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 construction of a bridge and asphalt paving of a new north
entrance road into Northwest Community Park connecting to FM 156 at Harmon Road.
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.
1. Preconstruction Phase Services are expected to start in March 2021. GMP
presentation to City is expected at or before the time Preconstruction Phase Services
are essentially complete.
2. Construction Phase Services are expected to start immediately after acceptance of
the GMP and be completed by October 2021; however, the connection to FM 156
must be completed(built) by August-2 0_2 1.
3. The Project is expected to include the following improvements:
a. Installation of an approximately +/- 450' LF vehicular bridge
b. Approximately 4,300 SY of asphalt road paving
c. Signage and pavement markings
C. Project Team. The City has selected Halff Associates, Inc., 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.
D. 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.
E. 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.
City of Fort Worth Worth— Northwest Community Park North Road Page 5 of 52
Improvement CMAR RFP—Project#102747
F. 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 EQUITY ORDINANCE PROVISIONS FOR
CONSTRUCTION MANAGER AT RISK (CMAR) SOLICITATION
Note: Capitalized terms used in this section are defined in the Business Equity Ordinance.
A. All proposers shall note that the Business Equity Ordinance (Ordinance No. 24534-11-
2020 as codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as
amended, and any relevant policy or guidance documents)was adopted to ensure the full
and equitable participation of minority business and/or women business enterprises
(M/WBEs) in City contracts in the procurement of goods and services. Where a
contract's total dollar value is greater than $100,000, an MBE subcontracting goal will
be applicable as detailed below.
The Business Equity Goal for Pre-Construction Phase Services is 0%.
The Business Equity Goal for Construction Phase Services is 11%
B. If a Proposer is certified as a Business Equity Firm(minority or women businesses), such
Proposer can count it's self-performance services towards meeting the Business Equity
Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification.
If such Proposer cannot or will not self-perform all of the work, it will be required to
provide subcontracting opportunities with certified Business Equity Firms to meet the
stated goal(s).
C. Proposers must obtain a listing of certified Business Equity Firms from the City of Fort
Worth's Department of Diversity and Inclusion (DVIN) at (817) 392-2674 or email
DVIN BEOffrce cr,fortworthtexas.gov. This will ensure that the selected CMAR
acknowledges Business Equity Firms 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 the GMP is submitted, in
order for the participation to be counted towards the established goal(s). The firms must
be located in the Marketplace- the geographic area as defined by the City's most current
Disparity Study and includes the City of Fort Worth, including portions of Parker, Wise
and Denton counties and all of Tarrant, Dallas and Johnson counties. Additionally, the
City may recognize other counties, like Collin, if within a 100-mile radius from City of
Fort Worth, Texas City Hall on a case-by-case basis when contractors located within
those counties can prove they have done business in the City of Fort Worth.
Minority-Owned Business Enterprise (MBE) means a business entity, including but
not limited to a sole proprietorship, partnership, corporation, limited liability
company, association or joint venture:
City of Fort Worth— Northwest Community Park North Road Improvement Page 6 of 52
CMAR RFP— Project#102747
a) which is at least fifty one percent (51%) owned by one or more Minority
Individuals, or in the case of a publicly traded business, at least fifty one percent
(51%) of all classes of the stock of which is owned by one or more Minority
Individuals; and
b) whose management, policies, major decisions and daily business
operations are independently managed and controlled by one or more such more
Minority Individuals;
Women-Owned Business Enterprise (WBE) means a business entity, including but
not limited to a sole proprietorship, partnership, corporation, limited liability
company, association or joint venture:
a) which is at least fifty-one percent(51%) owned by one or more women,
or in the case of a publicly traded business, at least fifty-one percent (51%) of all
classes of the stock of which is owned by one or more women; and
b) whose management, policies, major decisions and daily business
operations are independently managed and controlled by one or more such women.
D. Proposers shall submit with their proposals a preliminary Utilization Plan ("Plan") to
address how it will comply with the Business Equity Goal(s),if any,when proposalsibids
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 Plan may render a Proposer non-responsive and
the Proposal may be rejected.
E. At the time the Guaranteed Maximum Price proposal is submitted to the City, it shall be
accompanied by the CMAR's final Utilization Plan detailing efforts to comply with the
Business Equity Goal(s). The final Plan shall include, at a minimum:
■ A detailed description of the work to be performed by each Business Equity Firm;
■ The expected sub-contract value or percentage of the GMP construction cost for each
phase of work identified for each Business Equity Firm participant;
■ The timing of the major elements of the work including approximate advertising
dates and provide the same identification information for all non- Business Equity
Firm participants
■ The Business Equity Firm 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., Is[2"d 3rd etc. (if other than I"tier,the plan must clearly identify
the firm name and tier from whom the Business Equity Firm firm will be receiving
payment);
■ The Business Equity Firm percentage level of commitment achieved and/or a Good
Faith Efforts statement;
City of Fort Worth— Northwest Community Park North Road Improvement Page 7 of 52
CMAR RFP—Project#102747
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 DVIN during the
Project including providing 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. Business Equity 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 Business Equity utilization commitments in the Plan may
subject the CMAR to sanctions as provided in the Ordinance.
For additional information contact the DVIN at (817) 392-2678 or send email to
DVIN BEOfficeAfortworthtexas.gov.
SECTION 4: CMAR SERVICES
A. PRECONSTRUCTION PHASE SERVICES
The CMAR Preconstruction Phase services will be provided for a fixed cost identified in
the Proposal. The CMAR will provide the following Preconstruction Phase Services:
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
and review prequalification of subcontractor requirements, if any;
3.
4. 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;
5. 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;
6. Provide input and assist Engineer in developing construction sequencing;
7. 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;
8. Identify, evaluate and propose cost-effective alternatives;
9. Develop independent detailed construction cost estimates for the Project and Critical
Path Method schedules at the 90% and final design review milestones;
City of Fort Worth— Northwest Community Park North Road Improvement Page 8 of 52
CMAR RFP—Project#102747
10. 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;
11. Identify long-lead equipment procurement needs and submit a report to the City;
12. Identify and evaluate elements of the Project that may require less than 100%design;
13. Identify and evaluate the division of the Work to facilitate bids and proposals for the
major elements of the Work;
14. Identify and evaluate methods to gain efficiency in Project delivery;
15. Provide a complete, detailed, written GMP proposal including list of bids received-
identifying the bidders, recommendations for the award of subcontracts to construct
the Project, line item cost breakdowns with conditions and assumptions and CMAR
Contingency;
16. Develop, implement and maintain an emergency/site safety plan and 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;
17. Provide an environmental management plan detailing programs for a stone 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;
18. Incorporate the City's standard specifications and provisions relating to quality,
safety, community, and environmental factors;
19. Schedule all Project construction related activities;
20. Identify Work which the Proposer intends to self-perform;
21. Identify which work, if any, should be procured through value-based competitive
selections in lieu of low bid;
22. Solicit and publicly procure trade contractors or subcontractors for all major elements
of the construction work and for materials estimated at greater than $50,000.00 for
the Project if necessary.
23. Provide monthly progress reports;
24. Participate in one Project kick off meeting for Preconstruction Phase Services;
25. Participate in up to 6 additional meetings or workshops with the Engineer, Owner or
others as needed;
26. Provide Insurance for the Pre-Construction and Construction Phases as described in
Section 8.
27. Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as
described in Section 8.
B. CONSTRUCTION PHASE SERVICES
The CMAR Construction Phase services will be provided for a percentage fee of the Cost
of Work as identified in the Proposal. The CMAR will provide the following
Construction Phase Services:
City of Fort Worth— Northwest Community Park North Road Improvement Page 9 of 52
CMAR RFP—Project#102747
1. Discuss Project with subcontractors and material suppliers to determine workloads,
bonding capacity, required City prequalification, if any, and worker/mechanic
availability;
2. Review and monitor the final design and suggest equipment, materials and systems
for selection;
3. Review site safety/emergency response plan with subcontractors;
4. If not done during Pre-Construction Phase, prepare the competitive procurement
solicitation packages for the elements of the Work;
5. Participate in one Project kick off meeting for Construction Phase Services;
6. Performance and/or oversight of the construction of the Work in strict accordance
with all applicable Contract Documents;
7. Coordinate and manage the Work in accordance with the Contract Documents
including the Plans and Specifications and General Conditions within the Guaranteed
Maximum Price and within the contract time agreed upon by the CMAR and the City;
8. Coordinate with various local and state agencies, as necessary;
9. Procure necessary materials and equipment;
10. 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 Business Equity Firm goal(s). This effort includes
inspection of the Work performed by subcontractors to ensure conformance with the
Contract Documents;
11. Monitor and maintain quality controls over shop drawings, equipment and materials,
implementation and the Work;
12. 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;
13. Conduct a Pre-Construction Meeting with all the contractors, sub-contractors,
inspectors, City staff and other entities performing major elements of the work prioto
the start of their work activities;
14. Obtain any necessary construction permits;
1.5. Manage storm water runoff and dust;
16. Establish and implement procedures to track, expedite and process all submittals,
Project change orders/Field Orders and requests for information;
17. B.
18. Monitor the 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;
19. Review and process all pay request applications from subcontractors using the City's
standard specifications and provisions;
20. Conduct monthly progress meetings with the on-site trade foremen or
superintendents;
21. Attend bi-weekly (every two weeks) meetings with City Staff, inspectors, and other
entities and provide written monthly progress report and updated schedule;
22. Maintain current hard copies of as-built drawings, including all subcontracted work,
and submit in hard copy, PDF and electronic format specified by the Engineer
monthly;
City of Fort Worth—Northwest Community Park North Road Improvement Page 10 of 52
CMAR RFP—Project#102747
23. Expedite and coordinate delivery and installation of Owner procured material and
equipment, as applicable;
24. Maintain strict enforcement of Owner's or other applicable prevailing wage
requirements;
25. Update and revise the Operation and Maintenance Manual developed by the Engineer
as necessary;
26. Supervise and manage product warranties, if any, issued for materials or equipment
and related installation, and provide same to the City upon Final Acceptance of the
Project, or at a date negotiated by the Parties; and
27. Receive any specific warranty/guaranty documents from contractors or
subcontractors and provide same to Owner upon Final Acceptance of the Project, or
at a date negotiated by the Parties;
28. Conduct a final walk-through with the Park & Recreation Department,
Transportation & Public Works Department, and Engineer at the completion of
construction and 20 months after Final Acceptance regarding the two-year warranty;
29. Implement close out procedures necessary for the City to accept the Project as being
finally complete; provide lien waivers and affidavits of bills paid from all
subcontractors and material suppliers;
30. 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).
31. 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. The CMAR must still meet the Business Equity goal even if self-
performing some or all of the Construction Phase Services.
SECTION 5: PROCEDURAL ITEMS
A. RESERVATION OF RIGHTS
1. 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 any time during the
proposal evaluation 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, as a CMAR, the required
Preconstruction Phase Services and Construction Phase Services as described in this
City of Fort Worth— Northwest Community Park North Road Improvement Page 11 of 52
CMAR RFP—Project#102747
RFP and the Agreement as per the General Conditions. Emphasis should be on
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 the 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 provided any special care under a PIA request.
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
on Thursday, January 21, 2021. 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, January 28,2021 at 5:00 pm. Responses to all requests and questions will
be emailed to all known interested parties and posted to the City of Fart Worth
Purchasing Division website at http: www.fortworthgov.org/purchasing by Tuesday,
February 2, 2021.
Please email all information requests and questions regarding this RFP, with
"Northwest Community Park—North Road Improvements CMAR RFP" noted
in the email Subject Line, to:
Tonda Rice, Project Manager
Park&Recreation Department
Fort Worth, Texas
Tonda.Rice�Lfortworthtexas.gov
City of Fort Worth—Northwest Community Park North Road Improvement Page 12 of 52
CMAR RFP—Project#102747
7. Anti-Lobbying. Proposers submitting Proposals and any interested subcontractors
are prohibited from directly or indirectly communicating with, including but not
limited to contact by email,phone or in person,any City of Fort Worth representative
regarding this RFP, except as provided herein for requests for further information.
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 (PDF format or equivalent). 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:
Northwest Community Park—North Road Improvements
CMAR RFP
City Project Number 102749
Park&Recreation Department
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, February 4, 2021. All proposals will be publicly opened and the names
of the Proposers and the submitted fees and prices for the Project will be read aloud
at 2:00 pm the same day in the City Council Chambers and broadcast through live
stream via CFW public television which can be viewed at fortworthtexas.gov/fwtv/.
Proposals received after the date and time specified herein will be returned
unopened.
Under emergency orders due to the Covid-19 pandemic, 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.
City of Fort Worth—Northwest Community Park North Road Improvement Page 13 of 52
CMAR RFP— Project#102747
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.
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 REP.
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 February 4, 2021 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, Business Equity Firm 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 a history of completing projects on time.
Proposer shall identify and present a detailed summary on up to five projects that best
represent the Proposer's relevant, demonstrated experience and services requested
for the Project. The total number of projects presented shall not be less than three.
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
City of Fort Worth— Northwest Community Park North Road Improvement Page 14 of 52
CMAR RFP—Project#102747
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 Project.
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 Cost (expressed in dollars) and Construction
Phase Fee (expressed as a percentage of cost of work) 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
construction 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 public
procurement of subcontractors and other general preconstruction services
(Preconstruction Phase) and general construction or construction management
experience (Construction Phase Services).
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 in Item 3
using Exhibit F.
6. Project Approach (60 points maximum, not to exceed 12 pages) Included in
page count
Preconstruction Services— 15 points maximum
City of brt Worth—Northwest Community Park North Road Improvement Page 15 of 52
CMAR RFP—Project#102747
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 specialized skills or
special consideration that Proposer will be able to provide.
Construction Approach— 15 points maximum
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, other governmental entities and
professional services that may be involved in the Project (inspection, materials
testing, etc.)
QA/QC and Safety Plan(5 points maximum)
Describe in detail in no more than 3 pages how you will develop and implement your
quality assurance/quality control and site safety plans to achieve a successful project.
Cost and Schedule Control (25 points maximum)
Describe in detail in no more than 3 pages, haw 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 Equity Ordinance (5 point maximum,Not to
exceed 1 page) Included in page count
Proposer shall acknowledge and commit to meeting the overall diverse Business
Equity goal and present its preliminary Utilization Plan (as defined above in Section
3.D.). Failure to submit a preliminary Utilization Plan may render a Proposer
non-responsive and the Proposal may be rejected.
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 the qualified 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
1. The GMP will be established during the Preconstruction Phase Services and will be
acknowledged as an amendment to the CMAR Agreement. The CMAR assumes the
risk of completing the Work for the stated 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.
City of Fort Worth— Northwest Community Park North Road Improvement Page 16 of 52
CMAR RFP— Project#102747
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
After evaluation and ranking, Staff will attempt to negotiate a contract with the top ranked
Proposer. If negotiations fail, the City will end the negotiations in writing and commence
negotiations with the next-highest ranked Proposer, and so on, until a contract is negotiated
or all candidates are rejected.
Staff will negotiate only those items listed as Exceptions to Agreement- Exhibit D, and any
cost sharing proposals submitted on Exhibit I. Excessive contract exceptions will be viewed
unfavorably.
The initial notice to proceed will be for the Preconstruction Phase Services. The City may
elect to not proceed with the Construction Phase Services, at the City's sole and exclusive
discretion.
As provided in the Agreement, the City may 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
City of Fort Worth— Northwest Community Park North Road Improvement Page 17 of 52
CMAR RFP—Project#102747
performance and payment bonds delivered to the governmental entity must each be in an
amount equal to the estimated Construction Budget, as specified in this RFP and on a form
acceptable to the City. The CMAR shall deliver the bonds not later than the 1 Oth day after
the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other
financial security acceptable to the City to ensure that the CMAR will furnish the required
performance and payment bonds when a guaranteed maximum price is established.
If any Maintenance Bonds are required, said bonds shall be provided or procured by the
CMAR and shall be in the name of and in favor of the City. All payment, performance and
maintenance bonds issued with respect to this section shall be provided by a surety
authorized to do business in the State of Texas and in accordance with Texas Gov't Code
2253.
The City's bond forms are provided in 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, inspection
services, 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 (Is) January 7, 2021
Publication of Request for Proposals (2°1) January 14,2021
Pre-proposal Conference (10:00 AM) January 21, 2021
Deadline for Comments (5:00 PM) January 28,2021
Responses to Comments Posted (5:00 PM) February 1,2021
RFP Submittals Due: 1:30 PM February 4,2021
Opened and Read Aloud: 2:00 PM February 4, 2021
Evaluation of Proposals February 2021
Notice to Selected CMAR February 2021
Contract Negotiations February 2021
CMAR Contract Award (M&C) March 2021
Notice to Proceed (Preconstruction Phase) March 2021
Preconstruction Phase Services and
GMP Negotiation March 2021
Construction Phase Services April 2021 -August 2021
City of Fort Worth— Northwest Community Park North Road Improvement Page 18 of 52
CMAR RFP— Project#102747
Map 1 —Location Map
Project Area _ •�
Hidden-Lak
1�s
. R
x
Northwest Community Park
Northwest Community Park is a 245-acre community park located in north Fort Worth,
approximately1.5 miles west of 1-35 and approximately 3.25 miles north of 1-920,
at the intersection of SH 156 and Harmon Road.
City of Fort Worth—Northwest Community Park North Road Improvement Page 19 of 52
CMAR RFP— Project#102747
Map 2—Preliminary Plan Layout of Project
Exhibit Map #2
Preliminary Plan Layout of Project
NNY.r
e
Loans Fort
AhWM
--Hidden Lake,d
Northwest
Cbrnmunity Park
Y•_
r
f
M1
• • '
qW
Northwest Community Park North Road Improvement Project No. 102749
Map Project Layout
Nortwest Community Park North Road Improvement Project
City of Fort Worth—Northwest Community Park North Road Improvement Page 20 of 52
CMAR RFP— Project#102747
ExhibitA - Proposal Transmittal Letter
TO: City of Fort Worth, Texas
FROM:
(Proposers Name)
FOR: Northwest Community Park—North Road Improvements
Submitted: 12021
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 and 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 compensation 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:
City of Fort Worth—Northwest Community Park North Road Improvement Page 21 of 52
CMAR RFP—Project#102747
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:
City of Fort Worth— Northwest Community Park North Road Improvement Page 22 of 52
CMAR RFP— Project#102747
For Design Projects, Construction Cost:
Contract Start Date:_(Date of Notice to Proceed)
Contract Time: O Calendar Days O Working Days
Contract Substantial Completion Date:
Actual Substantial Completion Date:
Tf contract completion time extensions were added to the contract as a result of FTRM's
responsibilities, provide a short explanation of each.
City of Fort Worth—Northwest Community Park North Road Improvement Page 23 of 52
CMAR RFP—Project#102747
Project Description and Statement of Relevance to this Project:
City of Fort Worth—Northwest Community Park North Road Improvement
CMAR RFP—Project#102747 Page 24 of 52
Exhibit B- Statement of Experience (continued)
Proiect 2
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 Proceed)
Contract Time: O Calendar Days O Working Days
Contract Substantial Completion Date:
City of Fort Worth— Northwest Community Park North Road Improvement Page 25 of 52
CMAR RFP— Project#102747
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.
Project Description and Statement of Relevance to this Project:
City of Fort Worth—Northwest Community Park North Road Improvement Page 26 of 52
CMAR RFP—Project#102747
Exhibit B- Statement of Experience (continued)
Proiect 3
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 Proceed)
Contract Time: O Calendar Days O Working Days
Contract Substantial Completion Date:
City of Fort Worth—Northwest Community Park North Road Improvement Page 27 of 52
CMAR RFP—Project#102747
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.
Project Description and Statement of Relevance to this Project:
City of Fort Worth— Northwest Community Park North Road Improvement Page 28 of 52
CMAR RFP—Project#102747
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
Number of similar ro]ects in other positions
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Reference Contact Information (listing names indicates approval to contacting the names
individuals as a reference
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
E-mail E-mail
Project Proj ect
Candidate role Candidate role
on Project on Project
MME
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
City of Fort Worth —Northwest Community Park North Road Improvement Page 29 of 52
CMAR RFP—Project#102747
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 ro]ects in other positions
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Reference Contact Information (listing names indicates approval to contacting the names
individuals as a reference
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
E-mail E-mail
Project Proj ect
Candidate role Candidate role
on Project on Project
MME
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
City of Fort Worth— Northwest Community Park North Road Improvement Page 30 of 52
CMAR RFP—Project#102747
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 ro]ects in other positions
im
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Reference Contact Information (listing names indicates approval to contacting the names
individuals as a reference
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
E-mail E-mail
Project Project
Candidate role Candidate role
on Project on Project
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
City of Fort Worth— Northwest Community Park North Road Improvement Page 31 of 52
CMAR RFP—Project#102747
Exhibit C-Proposed Project Key Personnel—Continued
Proposed Project Quality Control Manager
Organization Doing Business As
Name of Individual
Years of Experience as Project Manager
Years of Experience with this organization
Number of similar projects as Project Manager
Number of similar ro]ects in other positions
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Reference Contact Information (listing names indicates approval to contacting the names
individuals as a reference
Name Name
Title/Position Title/Position
Organization Organization
Telephone Telephone
E-mail E-mail
Project Proj ect
Candidate role Candidate role
on Project on Project
MME
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
City of Fort Worth— Northwest Community Park North Road Improvement Page 32 of 52
CMAR RFP— Project#102747
Exhibit D—Exceptions to Agreement (see Attachment 2)
Comment Location in
Number CMAR Exception and Rationale Suggested Alternate Language
Agreement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
City of Fort Worth—Northwest Community Park North Road Improvement Page 33 of 52
CMAR RFP—Project#102747
Exhibit E—Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questinnneire ra_flerts rhanges made to the law by H R 1491, Anth Leg Reguler Sessinn OFFICEUSEONLY
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-a)with a local
governmental entity and the person meets requirements under Section 176.006(a).
Bylaw 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 statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor-
11
Name of person who has a business relationship with local governmental entity.
21
Check this box it 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 becornes incomplete or inaccurate.)
IVarne of iocaf government officer With whom fifer has employment or nusiness relationship.
Name of Officer
This section (item 3 including subparts A, B, U & 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, fiom 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 mare?
Yes No
D. Describe each employment or business relationship with the local government offir_er named in this section.
4
Signature of person doing business with the governmental entity Date
City of Fort Worth— Northwest Community Park North Road Improvement Page 34 of 52
CMAR RFP—Project#102747
Exhibit F—Client Reference Form
Project Name:
Owner's Name:
Owner Contact's Phone Number:
Owner's Contact Name&Title:
Type of Contract(Design/Bid/Build, Design/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:
City of Fort Worth—Northwest Community Park North Road Improvement Page 35 of 52
CMAR RFP— Project#102747
List Major Subcontractor's;names, contact phone numbers
City of Fort Worth—Northwest Community Park North Road Improvement Page 36 of 52
CMAR RFP—Project#102747
Exhibit G—Bond Forms
Pre-Construction Phase Services:
For Pre-Construction Phase Services, no bonds are required.
Construction Phase Services:
Construction Phase Bonds shall be the City's standard form performance, payment and
maintenance bonds.
https://docs.b360.autodesk.com/shares/06.579532-491 e-44d3-aaae-71 e590683369
City of Fort Worth— Northwest Community Park North Road Improvement Page 37 of 52
CMAR RFP— Project#102747
IMPORTANT NOTICE
STATE OF TEXAS
COMPLAINT PROCEDURES
1. IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
2. You may contact your agent. Puede comunicarse con su (title) al (telephone
number).
3. You may call Westfield Insurance Company, Usted Puede Ilamar al numeeo de telefono gratis de
Westfield National Insurance Company, and/or Westfield Insurance Company,Westfield National
Ohio Farmers Insurance Company's toll-free Insurance Company, and/or Ohio Farmers
telephone number for information or to make a Insurance Company's para informacion o para
complaint at: someter una queja al:
1-800-243-0210 1-800-243-0210
4. You may also write to Westfield Insurance Usted tambien puede escribir a Westfield Insurance
Company, Westfield National Insurance Company, Company, Westfield National Insurance
and/or Ohio Farmers Insurance Company at: Company, and/or Ohio Farmers Insurance
Company:
Attn: Bond Claims Attn: Bond Claims
One Park Circle One Park Circle
P O Box 5001 P O Box 5001
Westfield Center, OH 44251-5001 Westfield Center, OH 44251-5001
Fax#330-887-0840 Fax#330-887-0840
5. You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on companies, Sequros de Texas para obtener informacion acerca
coverages, rights or complaints at: de companies,coberturas, derechos o quejas al:.
1-800-252-3439 1-800-252-3439
6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de
Insurance, Consumer Protection Section(MC 111-1A): Texas, Consumer Protection Section (MC 111-1A):
P.O. Box 149091 P.O. Box 149091
Austin,TX 78714-9091 Austin,TX 78714-9091
Fax: (512)490-1007 Fax: (512)490-1007
Web:www.tdi.texasgov Web:www.tdi.texas.gov
E-mail: Con sumerProtection ces tdi.texas.gov E-mail:Con sumerProtection(Q7tdi.texas.goV
7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un
about a claim, you should contact the agent, Westfield reclamo, debe comunicarse con el agente, Westfield
Insurance Company, Westfield National Insurance Insurance Company, Westfield National Insurance
Company, or Ohio Farmers Insurance Company first. If Company, o Ohio Farmers Insurance Company
the dispute is not resolved,you may contact the Texas primero. Si no se resuelve la disputa, puede
Department of Insurance. entonces comunicarse con el departamento (TDI).
8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es
This notice is for information only and does not become solo para proposito de informacion y no se convierte
a part or condition of the attached document. en parte o condicion del documento adjunto.
BD5430 (06-15)
Page 38 of 52
0061 13-1
PERFORMANCE BOND
Page 1 of 2
1 SECTION 00 6113
2 PERFORMANCE BOND #146804Y
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, The Fain Group, Inc. , known as
9 "Principal" herein and Westfield Insurance Company , a corporate
10 surety(sureties, if more than one) duly authorized to do business in the State of Texas,known as
11 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal
13 sum of,_Two Million Five Hundred Forty Two and 56/100s Dollars
14 ($_$2,000,542.56 ), lawful money of the United States,to be paid in Fort Worth,
15 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind
16 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
17 firmly by these presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the day of , 20_ , which Contract is hereby referred to and
20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment
21 labor and other accessories defined by law, in the prosecution of the Work, including any Change
22 Orders, as provided for in said Contract designated as Northwest Community Park—North Road Improvements,
23 City Project-102749
24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
25 shall faithfully perform it obligations under the Contract and shall in all respects duly and
26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
27 specifications, and contract documents therein referred to, and as well during any period of
28 extension of the Contract that may be granted on the part of the City, then this obligation shall be
29 and become null and void,otherwise to remain in full force and effect.
30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
31 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort
32 Worth Division.
CITY OF FORT WORTH Northwest Community Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —North Road
Revised July 1,2011 Page 39 of 52 Improvements,
City Project-102749
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be detennined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the day of
6
7 PRINCIPAL:
8 The Fain Group,Inc.
9
10
11 BY/Tiatuiv
\
12
13 ATT T:
14
15 "1 f='✓ Azt 11Vt
16 Prin ipal) ecretary Name and Tile'
17
18 Address: 2500 Great Southwest Parkway
19 Fort Worth,TX 76106
2
21
22 Witness as to Principal
23 SURETY:
24 Westfield In ura-h-ccWCompany
25
26 f
27 BY:
28 S,�nature
29
30 Johnny Moss, Attorney-in-Fact_
31 Name and Title
32
33 Address: 2255 Ridge Rd. , Ste .333
34 �
35 Rockwall,TX 75087
��
36 _
37 Witness as to Surety Telephone Number: 972 772 7220
38 Muni Rabah,Bond Account Manager
39
40
41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
42 from the by-laws showing that this person has authority to sign such obligation. If
43 Surety's physical address is different from its mailing address, both must be provided.
44 The date of the bond shall not be prior to the date the Contract is awarded.
45
CITY OF FORT WORTH Northwest Community Park — North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Improvements
Revised July 1,2011 Page 40 of 52 City Project-102746
0061 14-1
PAYMENT BOND
Page 1 of 2
1 SECTION 00 6114
2 PAYMENT BOND 4146804Y
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, _ The Fain Group, Inc. known as
9 "Principal" herein, and Westfield Insurance Company a
10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
12 municipal corporation created pursuant to the laws of the State of Texas,known as "City"herein,
13 in the penal sum of Two Million Five Hundred Forty Two and 56/100s Dollars
14 ($ $2,000,542.56 ), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas, for the payment of which sum well and truly be made,we bind ourselves,
16 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these
17 presents:
18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the
19 _ day of , 20 , which Contract is hereby referred to and
20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment,
21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in
22 said Contract and designated as Northwest Community Park—North Road Improvements, City Project-102749.
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract,then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTH Northwest Community Park—North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Improvements,
Revised July 1,2011 Page 41 of 52 City Project-102749
0061 14-2
PAYMENTBOND
Page 2 of 2
1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the _ day of
20 .
3
4
PRINCIPAL:
_The Fain Group, Inc.
ATTEST: BY:
wit ur
24we w ZI(w,
( in al) S cretary Name and Title
Address: _ 2500 Great Southwest
Parkway Fort Worth, TX 76106_
Witness as to Principal
SURETY:
Wes ce Company
ATTEST: BY: --
Johnny oss,Attorne -in-Fact
Name and Title
(Surety) Secretary
Address: —2 5_5-Ridge Rd. , Ste . 333
�„ 1��..�------
Rockwall, TX 75087
Witne 13 as to Surety
Muni Rabah,Bond Account Manager Telephone Number: _972-772-7220_
5
6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address, both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
l i END OF SECTION
12
CITY OF FORT WORTH Northwest Community Park—North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page of 52 Improvements
a 42 ,
Revised July 1,2011 g City Project-102749
0061 19-1
MAINTENANCE BOND
Page 1 of 3
1 SECTION 00 6119
2 M ANTENA NC HOND #146804Y
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we The Fain Group,Inc. , known as
9 "P rincipalherein and_ Westfield Insurance C m p any , a corporate surety
10 (sureties, if more than one)duly authorized to do business in the S tatof Texas,known as
11 "S uretyberein(whether one or more), are held and firmly bound unto the C itpf Fort W orth,a
12 municipal corporation created pursuant to the laws of the S tatof Texas, known as "C ity'herein,
13 in the sum of Two Million Five Hundred Forty Two and 56/100s D ollars
14 ($ $2,000,542.56 ), lawful money of the United S tates[p be paid in Fort W orth,
15 Tarrant C ountyTexas, for payment of which sum well and truly be made unto the C ityLnd its
16 successors, we bind ourselves,our heirs, executors, administrators, successors and assigns,jointly
17 and severally, firmly by these presents.
18
19 WHEREAS,the P rincipdias entered into a certain written contract with the C itAwarded
20 the day of , 20 _,which C ontracts hereby
21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all
22 materials, equipment labor and other accessories as defined by law, in the prosecution of the
23 W ork,including any W orkresulting from a duly authorized C hang®rder(collectively herein,
24 the"W ork")as provided for in said contract and designated as Northwest Community Park—North Road
25 Improvements, City Project-102749
26
27 WHEREAS, P rincipabinds itself to use such materials and to so construct the W orkin
28 accordance with the plans, specifications and C ontracD ocumenuhat the W orkis and will
29 remain free from defects in materials or workmanship for and during the period of two (2)years
30 after the date of Final A cceptanc®f the W orkby the C it}("M aintenanceP eriod")4nd
31
32 WHEREAS,P rincip&inds itself to repair or reconstruct the W orkin whole or in part
33 upon receiving notice from the C itpf the need therefor at any time within the M aintenance
34 P eriod.
CITY OF FORT WORTH Northwest Community Park—North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 43 of 52 Improvements,
Revised July 1,2011 City Project-102749
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1
2 NOW THEREFORE, the condition of this obligation is such that if Principal shall
3 remedy any defective Work, for which timely notice was provided by City,to a completion
4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in
5 full force and effect.
6
7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
10 the Surety under this Maintenance bond; and
11
12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
13 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort
14 Worth Division; and
15
16 PROVIDED FURTHER,that this obligation shall be continuous in nature and
17 successive recoveries may be had hereon for successive breaches.
18
19
20
CITY OF FORT WORTH Northwest Community Park—North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Improvements,
Revised July I,2011 Page 44 of 52 City Project-102749
0061 19-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the day of
3 , 20
4
5 PRINCIPAL:
6 The Fain Group,Inc.
7
8
9 BY:
10 isn re
11 ATTEST
12 P
13
14 (Princ' al ecret Name and Title
15
16 Address: 2500 Great Southwest Parkwav
17 Fort Worth,TX 76106
18 r
19 � r Q
20 Witness as to Principal
21 SURETY:
22 WestfieldjR=Qce Company
23
24
25 BY: --
26 Si ture
27
28 Johnny Moss,Attorney-in-Fact
29 ATTEST: Name and Title
30
31 � ( Address:_9= Ridgy Rd., Ste .333
32 (Surety)Sbcretary Rockwall,TX 75087
33
34
35 Witness'as to Surety Telephone Number: 972-722-7220
36 Mimi R n ah,Bond Account Manager
37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
38 from the by-laws showing that this person has authority to sign such obligation. If
39 Surety's physical address is different from its mailing address, both must be provided.
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
CITY OF FORT WORTH Northwest Community Park—North Road
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Improvements,
Revised July 1,2011 Page 45 of 52 City Project 102749
General POWER NO. 4220012 14
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK,JEREMY BARNETT,JADE PORTER, ROBERT G. KANUTH,
JARRETT WILLSON,JACK NOTTINGHAM, JOINTLY OR SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorn ey(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - -
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
L9ATUVRTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these Presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 02nd day of JANUARY A,D., 2020 .
Corporate �,gAgllryy4M ,,,11UIn,,, pm• `
P asva,� �`nN�( , WESTFIELD INSURANCE COMPANY
Seals �4 ^••. 0 ,°�a?.. '!Ss r,. •lNSU WESTFIELD NATIONAL INSURANCE COMPANY
Affixed 3tT+f• �° `•�o :o: G9- p� ••' � �= OHIO FARMERS INSURANCE COMPANY
� x .�: SEAL .c
j
State of Ohio """" By:
County of Medina ss.: Gary W. tumper, National Surety Leader and
Senior Executive
On this 02nd day of JANUARY A.D., 2020 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn,
did depose and salt' that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS fNSURANCE COMPANY, the companies described in and which
executed the above instrument;that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial ``
Seal �1 A L
Affixed
Or\`•...�j 9
State of Ohio David A. Kotnik, Attorney at Law, Notary Public
County of Medina ss.: q My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
TE °F ° .
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect;and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
A.D.,
�''�1sLR'tN�, tir7NAC/ ',,, •�N 'n'�''a
sue,-°L11AaTERi i` 1
r r � . •$ -"' SEAL M_ _40. °: 3 �
' ,.r 1r� = 'O; i�: 1848 r = Sacwtary
•`•. +'' - 'o Frank A. Carrino, Secretary
Page 46 of 52
BPOAC2 (combined) (06-02)
ExhihitH—Safety History Table
2018 2019 2020
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(TRTR)
(B+C)x(200,000)1 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.
City of Fort Worth —Northwest Community Park North Road Improvement Page 47 of 52
CMAR RFP—Project#102747
Exhibit I—Construction Budget and Fee Proposals
Construction Budget
The Ci 's Construction Budget $1,800,000
includes $100,000 Allowance to be included in GMP
CMAR Fee Proposal
Pre-Construction Phase Cost(Paid from other Project funds):
Minimum Amount (required) 525,000
Additional Amount if any, cannot be negative) S
Total Pre-Construction Phase Cost S
Construction Phase Fee:
(expressed as a percentage of cost of work; will be %
incorporated into GMP)
Additional Shared Savings Proposed if an
refer to Attachment 2, Agreement, Articles 2.D and 2.E
Note: Only the Total Pre-Construction Phase Cost and Construction Phase Fee
percentage will be read publicly at the time the RFP is opened.
City of Fort Worth— Northwest Community Park North Road Improvement Page 48 of 52
CMAR RFP— Project#102747
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 andConstruction Services Costs Maximum 5
and Fees) 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
City of Fort Worth—Northwest Community Park North Road Improvement Page 49 of 52
CMAR RFP— Project#102747
Evaluation
Value
6. Project Approach
Construction Approach: Team's approach to quality Maximum 15
assurance/quality control during construction, approach to dealing
with Project Change Orders/Field Orders, dealing with delivery points
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.
Pre-Construction Services: Team's approach to performing pre- Maximum 15
construction phase services, integration with the Owner's design points
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-
initiated requests points
7. Compliance with the Business Equity Ordinance: Acknowledge
and commit to meeting the overall diverse Business Equity Goal and Maximum 5
present its preliminary Utilization Plan points
Proposer's responsiveness to Request for Proposal Yes/No
City of Fort Worth—Northwest Community Park North Road Improvement Page 50 of 52
CMAR RFP— Project#102747
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 Laver-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
Pipefrtter $ 21.22
PipetitterHelper $ 15.39
Plasterer $ 16.17
Plasterer Helper $ 12.85
Plumber $ 21.98
Plumber Helper $ 15.85
Reinforcing Steel Setter $ 12.87
City of Fort Worth-Northwest Community Park North Road Improvement Page 51 of 52
CMAR RFP-Project#102747
Reinforcing Steel SetterHelper $ 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 46 of 49
Page 52 of 52
Attachment 1—General Conditions for CMAR Project
STANDARD GENERAL CONDITIONS FOR A CMAR
AGREEMENT
(Revised January, 2021)
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page I of 70
Revised May 2020
STANDARD GENERAL CONDITIONS OF A
CMAR AGREEMENT
TABLE OF
CONTENTS
Page
Article I —Definitions and Terminology..........................................................................................................6
1.01 Defined Terms...............................................................................................................................6
1.02 Terminology.................................................................................................................................13
Article2—Preliminary Matters........................................................................................................................ 14
2.01 Copies of Documents...................................................................................................................14
2.02 Commencement of Contract Time; Notice to Proceed...............................................................14
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 ...........................................................................................18
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 ....................................................................................................22
5.01 Indemni fication................................................................................................................................ 22
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..............................................................................................................28
6.01 Supervision and Superintendence............................................................................................... 28
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 Subcontractors, Suppliers, and Others........................................................................................32
6.08 Wage Rates................................................................................................................................ 33
6.09 Patent Fees and Royalties............................................................................... 35
6.10 Permits and Utilities....................................................................................................................35
6.11 Laws and Regulations.................................................................................................................36
6.12 Taxes ...........................................................................................................................................36
6.13 Use of Site and Other Areas .......................................................................................................36
6.14 Record Documents......................................................................................................................37
6.15 Safety and Protection..................................................................................................................I
6.16 Safety Representative..................................................................................................................38
6.17 Hazard Communication Programs .............................................................................................38
6.18 Emergencies and/or Rectification...............................................................................................39
6.19 Submittals and Samples...........................................................................................................39
6.20 Continuing the Work...................................................................................................................40
6.21 CMAR's General Warranty and Guarantee................................................................................40
6.22 Additional Professional Design Services ..................................................................................41
6.23 Right to Audit..............................................................................................................................42
6.24 Nondiscrimination.......................................................................................................................42
Article7-Other Work at the Site...................................................................................................................42
7.01 Related Work at Site...................................................................................................................42
7.02 Coordination................................................................................................................................43
Article8-City's Responsibilities...................................................................................................................43
8.01 Communications to CMAR.........................................................................................................43
8.02 Furnish Data................................................................................................................................43
8.03 Pay When Due ............................................................................................................................44
8.04 Change Orders.............................................................................................................................44
8.05 Inspections, Tests, and Approvals..............................................................................................44
8.06 Limitations on City's Responsibilities .......................................................................................44
8.07 Undisclosed Hazardous Environmental Condition...................................................................44
Article 9-City's Observation Status During Construction...........................................................................44
9.01 City's Project Representative .....................................................................................................44
9.02 Visits to Site................................................................................................................................44
9.03 Authorized Variations in Work..................................................................................................45
9.04 Rejecting Defective Work..........................................................................................................45
9.05 Determinations for Work Performed..........................................................................................45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 70
Revised May 2020
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45
Article 10-Changes in the Work; Claims; Extra Work................................................................................46
10.01 Authorized Changes in the Work...............................................................................................46
10.02 Unauthorized Changes in the Work ...........................................................................................46
10.03 Execution of Change Orders.......................................................................................................46
10.04 Extra Work..................................................................................................................................46
10.05 Notification to Surety.................................................................................................................46
10.06 Contract Claims Process.............................................................................................................47
Article 11 -Cost of the Work; Unit Price Work....................................................................................... 48
11.01 Cost of the Work.........................................................................................................................48
11.02 Unit Price Work........................................................................................................................53
Article 12-CMAR's Fee; Change of GNP; 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
15.03 City May Terminate For Convenience.......................................................................................67
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 4 of 70
Revised May 2020
Article 16—Dispute Resolution......................................................................................................................69
Article17—Miscellaneous..............................................................................................................................69
17.01 Giving Notice..............................................................................................................................69
17.02 Computation of Times................................................................................................................69
17.03 Cumulative Remedies.................................................................................................................70
17.04 Survival of Obligations...............................................................................................................70
17.0.5 Headings......................................................................................................................................70
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 5 of 70
Revised May 2020
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. BIM 360—City's on-line, electronic document management and collaboration system.
12. 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.
13. Business Equity Ordinance - Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of
the Fort Worth Code of Ordinances, as amended, and any relevant policy or guidance documents.
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. CAI R — 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 party 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 bid documents.
26. Construction Phase Fee— See Agreement, Article 2.
27. Construction Phase &[Tires — 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 8 of 70
Revised May 2020
39. Extra Work — Additional work which may be ordered in the form of a Field Order or Change Order
by City. 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.
52. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 9 of 70
Revised May 2020
Time prior to Final Acceptance of the Work.
53. Minority-Owned Business Enterprise (MBE) - means a business entity, including but not limited to a
sole proprietorship, partnership, corporation, limited liability company, association or joint venture
which is at least fifty one percent (51%) owned by one or more Minority Individuals (as defined in
the Business Equity Ordinance), or in the case of a publicly traded business, at least fifty one
percent (51%) of all classes of the stock of which is owned by one or more Minority Individuals;
and whose management, policies, major decisions and daily business operations are independently
managed and controlled by one or more such more Minority Individuals
54. 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.
55. 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.
56. 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.
57. PCBs—Polychlorinated biphenyls.
58. 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.
59. Plans—See definition of Drawings.
60. Pre-Construction Phase Cost—see Agreement, Article 2.
61. Pre-Construction Phase Services—Those services to be provided by CMAR as defined in the RFP.
62. Project—The Work to be performed under the Contract Documents.
63. Project Schedule—A schedule, prepared and maintained by 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.
64. Project Representative—The authorized representative of the City who will be assigned to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
65. Proposal — A Proposer's response to the RFP issued by the City to solicit a CMAR to perform
CMAR services.
66. Proposer—A CMAR Firm which submits a Proposal.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 10 of 70
Revised May 2020
67. Public Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public
participation and to inform the public of the Project.
68. Radioactii,e Material—Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
69. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru
Friday (excluding legal holidays).
70.Request for Proposals (RFP) — A request by the City issued to qualified CMAR Firms for
Proposals to perform CMAR services for the Project.
71.Retainage —The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR's progress payments
72. Samples—Physical examples of materials, equipment, or workmanship that are representative of
some portion of the Work and which establish the standards by which such portion of the Work will
bejudged.
73. Schedule of' Submittals—A schedule, prepared and maintained by CMAR, of required submittals
and the time requirements to support scheduled performance of related construction activities.
74. Schedule of Values—A schedule prepared and maintained by CMAR, allocating portions of the
Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications
for Payment.
75. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which
the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and
such other lands fu mished by City which are designated for the use of CMAR in furtherance of the
Project.
76. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached, may be
incorporated by reference.
77. Subcontractor—An individual or entity, 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.
Where required, Subcontractors, or CMAR when self-performing, shall be pre-qualified by the City
for the Work to be performed.
78. 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.
79. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate
some portion of the Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page I I of 70
Revised May 2020
80. 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.
81. 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.
82. 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.
83. Supplementary Conditions—That part of the Contract Documents which amends or supplements
these General Conditions.
84. 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.
85. 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.
86. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
87. Utilization Plan — The CMAR's plan to address the Business Equity Goal when bids or proposals
are sought from trade contractors or subcontractors for performance of all major elements of the
Work.
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. Women-Owned Business Enterprise (WBE) means a business entity, including but not limited to a
sole proprietorship, partnership, corporation, limited liability company, association or joint venture
which is at least fifty-one percent (51%) owned by one or more women, or in the case of a publicly
traded business, at least fifty-one percent (51%) of all classes of the stock of which is owned by one
or more women and whose management, policies, major decisions and daily business operations are
independently managed and controlled by one or more such women.
90. 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.
91. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 12 of 70
Revised May 2020
authorized by the City for contract purposes, in which weather or other conditions not under the
control of the CMAR will permit the performance of the principal unit of work underway for a
continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terins or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," `'acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
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 sinular 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 13 of 70
Revised May 2020
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 ofContract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
2.03 Starting the Work
CMAR shall begin compensable performance of the design-phase portion of the Work on the
date when the Contract Time commences to run. No construction-phase Work shall be done at the
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 Starling 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 14 of 70
Revised May 2020
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 or Subcontractor shall not take advantage of any variation of form,
format or style in making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
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
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. CAMR's and Subcontractor's Revieii� 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 15 of 70
Revised May 2020
discovers, or has actual knowledge of, and shall obtain a written interpretation or
clarification from City before proceeding with any Work affected thereby.
2. CMAR's or Subcontractor's Review of' Contract Documents During Performance of
Work: If, during the performance of the Work, CMAR or 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.
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:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 16 of 70
Revised May 2020
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
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 Bim 360 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 17 of 70
Revised May 2020
Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by
others.
B. Upon reasonable written request, City shall furnish CMAR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. CMAR shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 18 of 70
Revised May 2020
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then CMAR shall, immediately after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.18.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
CMAR shall be entitled to an adjustment in the GMP or Contract Time if:
1. CMAR did not know of the existence of such conditions at the time CMAR made a final
commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or
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. Tf an Underground Facility which conflicts with the Work is uncovered or revealed at or
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 19 of 70
Revised May 2020
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.
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 CHAR 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 20 of 70
Revised May 2020
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
(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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 21 of 70
Revised May 2020
ARTICLE 5—INDEMNITY,BONDS AND INSURANCE
5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME
LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, 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,
DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM, IN WHOLE OR INPART,ANYAND ALL ALLEGED ACTS OR OMISSIONS OFCITY'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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 22 of 70
Revised May 2020
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 22.53. 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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 23 of 70
Revised May 2020
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
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 ,nrithout 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 oflnsurance
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 24 of 70
Revised May 2020
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 cut-rent Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the CMAR to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the CMAR, 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 25 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 26 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 27 of 70
Revised May 2020
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.
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 CIVLAR. 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 28 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 29 of 70
Revised May 2020
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.
6.06 Subslilules 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 30 of 70
Revised May 2020
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:
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 31 of 70
Revised May 2020
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.
D. Special Guarantee: City may require CMAR to fuunish at CMAR's expense a warranty with
respect to any substitute. CAVIAR 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 Subcontractors, Suppliers, and Others
A. Business Equity Ordinance Compliance: The Business Equity Ordinance (Ordinance No. 24534-
11-2020 as codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as
amended, and any relevant policy or guidance documents) was adopted to ensure the full and
equitable participation of minority business and/or women business enterprises (MBE/WBE)in
City contracts in the procurement of goods and services. If the Contract Documents provide for
an MBE and/or WBE goal, CMAR is required to comply with the City's Business Equity
Ordinance by doing the following:
1. CMAR shall provide complete and accurate information regarding actual work performed by
an MBE and/or WBE on the contract and payment therefor.
2. CMAR's or Subcontractor's failure to make payments as provided by state law shall, in
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 32 of 70
Revised May 2020
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 Equity Ordinance is attained.
3. CMAR will not make additions, deletions, or substitutions of accepted MBE/WBE 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 Equity 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 WBE. 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 Equity Ordinance.
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 finishing any
of the Work shall cominur>icate 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 33 of 70
Revised May 2020
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
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 I Ith
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 34 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 35 of 70
Revised May 2020
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
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.vAndow.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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 36 of 70
Revised May 2020
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 casement 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.
B. Removal of'Dehr•is 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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 37 of 70
Revised May 2020
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,
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 38 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 39 of 70
Revised May 2020
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. C'ity's Review:
1. City will provide timely review of Submittals. City's review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve CMAR from responsibility for any variation
from the requirements of the Contract Documents unless CMAR has complied with the
requirements of 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 40 of 70
Revised May 2020
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;
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 41 of 70
Revised May 2020
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.
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,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 42 of 70
Revised May 2020
liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to CMAR prior to starting any such other work.
B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise make its several parts come together
and properly integrate with such other work. CMAR shall not endanger any work of others by
cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or
alter others' work with the written consent of City and the others whose work will be affected.
C. If the proper execution or results of any part of CMAR's Work depends upon work performed by
others under this Article 7, CMAR shall inspect such other work and promptly report to City in
writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report
will constitute an acceptance of such other work as fit and proper for integration with CMAR's
Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8—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,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 43 of 70
Revised May 2020
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 Pro*ect's design or other
information required under the Contract Documents.
B. Provide to CMAR all non-confidential technical data in its possession which it may lawfully
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pay When Due
City shall make payments to CMAR in accordance with Article 14.
8.04 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.05 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.06 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and
Regulations applicable to the performance of the Work. City will not be responsible for
CMAR's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) for the duration of the Project. The duties
and responsibilities and the limitations of authority of City's Project Representative(s) during each
phase of the Work are set forth in the Contract Documents.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 44 of 70
Revised May 2020
stages of the Work as City deems necessary in order to observe the progress that has been made
on the various aspects of the Work. Based on information obtained during such visits and
observations, City's Project Representative will determine, in general, if the Work is proceeding
in accordance with the Contract Documents. City's Project Representative will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. City's Project Representative's efforts will be directed toward providing City a greater
degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.06.
9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and
are compatible with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. These may be accomplished by a Field Order and will be binding on
City and CMAR, who shall perform the Work involved promptly.
9.04 Rejecting Defeetive 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. CMAR shall
review with Citv's Project Representative the preliminary determinations on such matters before
rendering a written final recommendation, generally as part of the GMP.
9.06 Decisions on Requirements of Contract Documents and Acceptahility 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 45 of 70
Revised May 2020
ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
Without invalidating the Agreement and without notice to any surety, City may, at any 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).
10.02 Unauthorised 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
City and CMAR shall execute a Change Order when:
1. Extra Work is of such a substantial nature so as to materially alter the project's scope;
2.there is a resolution of Defective Work(acceptance or City's correction of); or
3. otherwise as negotiated and agreed to by the parties
10.04 Extra Work
A. Should a difference arise as to whether the scope and cost of Extra Work is to be covered by a
Field Order or a Change Order, yet the City insists upon its performance in writing, the CMAR
shall proceed with the work and shall keep accurate account of the actual cost thereof. Contract
Claims regarding Extra Work shall be made pursuant to Paragraph 10.06.
B. The CMAR shall incorporate installation records of all deviations from the original Contract
Documents due to Extra Work to enable the City to have a permanent record of the actual
installation.
C. The compensation agreed upon for Extra Work shall be a full, complete and final accounting for
the costs CMAR incurs as a result or relating to the change, whether said costs are known,
unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay,
general conditions costs or any other effect on changed or unchanged work as a result of the
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 46 of 70
Revised May 2020
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 Parab aph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. written notice stating the general nature of each Contract Claim shall be delivered by the
CMAR to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for CMAR to submit additional or more accurate data in support of
such Contract Claim).
3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the
provisions of Paragraph 12.02.
4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.03.
5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment
claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said
event.
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the CMAR, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 47 of 70
Revised May 2020
submitted in accordance with this Paragraph 10.06.
ARTICLE 11—COST OF THE WORK; UNIT PRICE WORK
11.01 Cost o f'Work
A. Costs Included.- The term Cost of Work means the sum of all costs, except those excluded in
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 11.01.13,
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 48 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 49 of 70
Revised May 2020
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:
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 50 of 70
Revised May 2020
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR's written policies for personnel at or below the level of Project
Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
Subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance.
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 51 of 70
Revised May 2020
or nonconforming Work was not caused by the negligence or failure of the CMAR or the
CMAR's employees, including supervisory, administrative or managerial personnel, to
perform in accordance with the Contract Documents or by the failure of the CMAR's
personnel to supervise adequately the Work of the subcontractors or suppliers, and only to
the extent that the cost of repair or correction is not recoverable by the CMAR from
insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities,temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of CMAR's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site
or in CMAR's principal or branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.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 11.01.A.
6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 52 of 70
Revised May 2020
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.01.A.3.
8. Liquidated damages assessed on 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
11.013.1 above.
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 11.01.B.1 above.
C. Documentation: Whenever the Cost of the Work for any purpose is to be deten-nined pursuant to
Paragraphs 11.0l.A and 11.0l.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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 53 of 70
Revised May 2020
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.
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 At 10.
3. 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.
4. 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%.
5. 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.
ARTICLE 12—CMAR'S FEE; CHANGE OF CONTRACT TIME,DELAYS
12.01 CMAR's Fee
The CMAR's Fee shall be those fees and costs as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GMP may only be changed by a Change Order. Field Orders may not change the GMP.
B. The value of any Work covered by a Change Order will be determined as follows:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 54 of 70
Revised May 2020
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
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, the Contract Time may be extended in an
amount up 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/pandemics 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 55 of 70
Revised May 2020
direct and unavoidable extra cost to the CMAR is caused by the acts of the City or its Engineer
or consultants, separate contractors, including without limitation the failure of the City to
provide information or material, if any, which is to be furnished by the City.
ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice ofDefects
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 56 of 70
Revised May 2020
CMAR's cancellation without cause of City initiated testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by CMAR. City will forward all invoices for retests to CMAR.
4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab
is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such
Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense.
G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at CMAR's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for
observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 57 of 70
Revised May 2020
give rise to any duty on the part of City to exercise this right for the benefit of CMAR, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of'Defective Work
A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an
acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement of work of others). Failure to
require the removal of any defective Work shall not constitute acceptance of such Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for CMAR's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 58 of 70
Revised May 2020
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to CMAR should such
additional warranty coverage be required. CMAR may dispute this requirement by filing a
Contract Claim.
E. 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'Defeclive 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 59 of 70
Revised May 2020
D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14—PAYMENTS TO CMAR AND COMPLETION
14.01 Schedule of'Values
The Schedule of Values will serve as the basis for progress payments and will be incorporated into
an Application for Payment. 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 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. RevieH,of Applications fbr 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 60 of 70
Revised May 2020
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle CMAR to
be paid additionally by City or entitle City to withhold payment to CMAR, or
c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of
the Work.
4. City may refuse to process the whole or any part of any payment due to evidence or the
results of inspections or tests, to such extent as may be necessary to protect City from loss
because:
a. the Work is defective, or the completed Work has been damaged by the CMAR or
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 as per the Texas Prompt Payment Act and pursuant to the
requirements of this Article 14.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 61 of 70
Revised May 2020
2. CMAR shall pay its subcontractors pursuant to the Texas Prompt Payment Act.
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
Prior to Filial 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 62 of 70
Revised May 2020
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:
a. after subtracting previous payments made; and
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 63 of 70
Revised May 2020
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
available within a reasonable period of time, CMAR may request an extension in Contract Time,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 64 of 70
Revised May 2020
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 Equity 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
failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 65 of 70
Revised May 2020
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.
8. Termination of CMAR for Cause shall nullify any financial incentives which may be
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 66 of 70
Revised May 2020
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
which, if the Agreement had been completed, would have been required to be furnished
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 67 of 70
Revised May 2020
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 68 of 70
Revised May 2020
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 69 of 70
Revised May 2020
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'Ohligalions
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
Attachment 2—Construction Manager at Risk Agreement
AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK
PRE-CONSTRUCTION AND CONSTRUCTION SERVICES
for
PROJECT
CITY OF FORT WORTH, PROJECT NO.
102749
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 , a legal entity
existing under the laws of the State of and authorized to conduct business in
the State of Texas, ("CMAR"). City and CMAR may be referred to herein as a "Party" or the
"Parties".
WHEREAS, City has identified a project known as Northwest Community Park North Road
Improvements Project# 102749 (the "Project"); and
WHEREAS, City desires to engage CMAR to perform Construction Manager-At-Risk services,
which consist of Pre-Construction Phase Services and Construction Phase Services, for the
Project; and
WHEREAS, CMAR possesses broad experience, knowledge and technical resources to provide
such services related to the design, permitting, construction and construction management for
the Project; and
WHEREAS, City has engaged the services of Halff and Associates, Inc. ("Design Engineer"), to
prepare the design of the Project; and
WHEREAS, CMAR was selected by City through a competitive procurement process; 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 $ 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
day of , 2021, 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
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 1 of 13
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized/defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's
scope.
NOW THEREFORE, for and in consideration of these recitals, compensation by City for the
services to be rendered by CMAR, and the covenants and promises to be carried out by each
Party, the City and CMAR hereby agree to perform the services described herein upon the
terms 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 and 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.
1. CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time, subject to Article 6 herein — 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
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 2 of 13
that all materials and equipment furnished under this Agreement will be in
conformance with the Construction Documents.
ARTICLE 2— COMPENSATION
A. The City shall compensate CMAR for providing the Pre-Construction Phase Services in
the amount of$ ("Pre-Construction Phase Cost").
B. The City shall compensate CMAR for providing the Construction Phase Services in the
amount of % 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 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 % 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 amount, which will be a part of the GMP, to be used for schedule incentives
for subcontractors. 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.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 3 of 13
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 $ 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/WBE
The CMAR must meet, and hereby commits to meet, the Business Equity participation goal
of 0%for the Pre-Construction Phase Services for this Project.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 4 of 13
CMAR must meet, and hereby commits to meet, the Business Equity goal of 11% during
Construction Phase Services for this Project.
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 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. ASSIGNMENT. 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.
F. PERSONNEL. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perform the services under this Agreement. Such
personnel are not employees of, nor have any contractual relationship with the City. CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is solely and exclusively for the benefit of the City and CMAR and not for the
benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to
the other party to the Agreement and are not intended to create any rights, contractual or
otherwise, to any other person or entity. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of City. The doctrine of respondeat
superior shall not apply.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 5 of 13
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, UNDERSTANDS AND
AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M. SURETY BONDS. The CMAR shall furnish the required performance, payment and
maintenance bonds as described in Article 5 of the General Conditions.
N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City's fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost.
P. NO CAUSE OF ACTION AGAINST ENGINEER. CMAR, its subcontractors and
equipment and materials suppliers on the Project or their sureties, shall maintain no direct
action against the Engineer, its officers, employees, and subcontractors, for any claim arising
out of, in connection with, or resulting from the engineering services performed. Only the City
will be the beneficiary of any undertaking by the Engineer. The presence or duties of the
Engineer's personnel at a construction site, whether as on-site representatives or otherwise,
do not make the Engineer or its personnel in any way responsible for those duties that
belong to the City and/or the City's construction contractors or other entities, and do not
relieve the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means, techniques,
sequences, and procedures necessary for coordinating and completing all portions of the
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 6 of 13
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
future objections to such legal action and irrevocably waives the right to bring any legal
action in any other jurisdiction.
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 7 of 13
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:
Tonda Rice
Department
200 Texas Street
Fort Worth, Texas 76102
PHONE 817.392.5759
EMAIL Tonda.Rice@fortworthtexas.gov
With Copy to:
All notices to CMAR shall be addressed as follows:
Name
CMAR
ADDRESS
CITY, STATE ZIP
PHONE
EMAIL
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 8 of 13
ARTICLE 18— PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 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 2271, 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.
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE
AND ATTACHMENTS/EXHIBITS TO FOLLOW
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 9 of 13
ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the
date subscribed by the City's designated Assistant City Manager ("Effective Date").
CMAR CITY OF FORT WORTH:
NAME OF FIRM
By: By:
Name: Valerie R. Washington
Title Assistant City Manager
Date: Date:
By City:
Approved as to Form and Legality Approval Recommended:
Douglas W. Black Richard Zavala
Assistant City Attorney Director, Park & Recreation Department
M&C: ATTEST:
Date:
Form 1295 Mary J. Kayser
City Secretary
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.
Tonda Rice
Project Manager
Park & Recreation Department
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 10 of 13
ATTACHMENT A
Pre-Construction and Construction Services
Scope of Work
(City's RFP)
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 11 of 13
ATTACHMENT B
CMAR's Written Proposal
(Response to RFP)
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 12 of 13
ATTACHMENT C
Standard General Conditions for a CMAR Contract
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 13 of 13
Attachment 3—Prequalification
Attachment 3—Prequalification
1.1. All bidders for major elements of the Work are required to be prequalified for the work types
requiring prequalification at the time of bidding. Bids received by CMAR from bidders who are
not prequalified shall not be opened and, even if inadvertently opened, shall not be
considered. Prequalification requirement work types and documentation are available by
accessing all required files through the City's website
at: https://anus.fortworthtexas.l!ov/Pr+oocctResources/
1.1.1. Paving—Requirements document located at:
https://gpps.fortworthtexas. ov�/ProjectResources/ResourcesP/02%20-
%20Construction%20Documents/Contractor%20Prequalification/TP W%20Paving%20Con
tractor%20Prequalification%20Pro2ram/PREQUALIFICATION%20REQUIREMENTS%
20FOR%20PAV ING%2000NTRAC TORS.pdf
1.1.2. Roadway and Pedestrian Lighting—Requirements document located at:
https://gpps.fortworthtexas. o_ v�/Pr-ojectResources/ResourcesP/02%20-
%20Construction%20Docwuents/Contractor%20Preq ualification/TP W%20Roadway%20a
nd%20Pedestrian%20Lighting%20Preq ualification%20Program/STREET%20LIGHT%20
PREQUAL%20REQMNTS.pdf
1.1.3. Water and Sanitary Sewer—Requirements document located at:
https://apps.fortworthtexas.gov/Prof ectResources/ResourcesP/02%20-
%20Construction%20Documents/Contractor%20Prequalifi cati on/Water%20and%20 Sani tar
y%20Scwer%20Contractor%20Prcgualification%20Program/WS S%20pregual%20rcguire
ments.pdf
1.2. Each Bidder, unless currently prequalified, must submit to City at least ten (10) calendar days
prior to receipt of bids, the documentation requested above.
1.2.1. TEMPORARY PROCEDURES DUE TO CO D-19: A Bidder whose prequalification
has expired during the time period where a valid emergency order is in place (federal, state,
local) and for 30 days past the expiration of the emergency order with the furthest expiration
date—by day and month,will not be automatically disqualified from having the Bidder's bid
opened. A Bidder in this situation will have its bid opened and read aloud and will be allowed
5 business days (close of business on the 5t" day) to submit a complete prequalification
renewal package.Failure to timely submit,or submittal of an incomplete package,will render
the Bidder's bid non-responsive. If the "prequalification renewal package" documents show
the Bidder as now not-qualified, the bid will be rendered non-responsive. A Bidder may not
use this exception to seek a prequalification status greater than that which was in place of the
date of expiration. A Bidder who seeks to increase its prequalification status must follow the
traditional submittal/review process.
Page I of I
Attachment 4—M&C 21-0221
4/6/2021 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, March 23, 2021 REFERENCE NO.: **M&C 21-0221
LOG NAME: 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT
SUBJECT:
(CD 7) Authorize Execution of a Construction Manager at Risk Agreement with The Fain Group, Inc., for
the Northwest Community Park North Road Project with a Preconstruction Phase Services Fee in the
Amount of$25,000.00 and a Construction Phase Services Fee of Four Percent of the Guaranteed
Maximum Price within a Project Construction Budget of$1,800,000.00, Adopt Appropriation Ordinances,
and Amend the FY2021-2025 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a Construction Manager at Risk Agreement with The Fain Group, Inc., for the
Northwest Community Park North Road project (City Project No. 102749) with a Preconstruction
Phase Services Fee in the amount of$25,000.00 and a Construction Phase Services Fee of
four percent (4\%) of the Guaranteed Maximum Price within a Project Construction Budget of
$1,800,000.00;
2. Adopt the attached appropriation ordinance adjusting appropriations in the General Capital Projects
Fund by decreasing receipts and appropriations in the PARD Roads and Parking programmable
project (City Project No. P00098) in the amount of$750,000.00, and increasing receipts and
appropriations in the Northwest Community Park North Road project by the same amount;
3. Adopt the attached appropriation ordinance adjusting the receipts and appropriations in the General
Capital Projects Fund by decreasing receipts and appropriations in the PARD New Enhancements
programmable project (City Project No. P00132) in the amount of$125,000.00, and increasing
receipts and appropriations in the Northwest Community Park North Road project and by the same
amount;
4. Adopt the attached appropriation ordinance increasing receipts and appropriations in the General
Capital Projects Fund in the amount of$3,231.50, from available funds, for the purpose of funding the
Northwest Community Park North Road project;
5. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the PARD
Dedication Fees Fund by decreasing receipts and appropriations in the PDFI-Park
Improvements programmable project (City Project No. P00058) in the amount of$37,571.13, and
increasing receipts and appropriations in the Northwest Community Park North Road project and by
the same amount;
6. Adopt the attached appropriation ordinance increasing receipts and appropriations in the PARD
Dedication Fees Fund in the amount of$1,061,022.00, from available funds, for the purpose of
funding the Northwest Community Park North Road project;
7. Adopt the attached appropriation ordinance adjusting receipts and appropriations in the PARD Gas
Lease Capital Project Fund by decreasing receipts and appropriations in the Park Improvements
programmable project (City Project No. P00059) in the amount of$1,838.16, and increasing receipts
and appropriations in the Northwest Community Park North Road project by the same amount;
8. Adopt the attached appropriation ordinance increasing receipts and appropriations in the PARD Gas
Lease Capital Project Fund in the amount of$21,879.77, from available funds, for the purpose of
funding the Northwest Community Park North Road project; and
9. Amend the FY2021-2025 Capital Improvement Program.
apps.cfwnet.org/ecouncil/printmc.asp?id=28771&print=true&DocType=Print 1/4
4/6/2021 M&C-Council Agenda
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Construction
Manager at Risk (CMAR) agreement with The Fain Group, Inc., for the Northwest Community Park North
Road Improvement project with a Pre-construction Phase Services Fee in the amount of$25,000.00 and a
Construction Phase Services Fee of four percent (4\%) of the construction cost contained within
the Guaranteed Maximum Price within a Project Construction Budget of$1,800,000.00. The total overall
project budget is $2,000,542.56 which will include the City's contingency, project administration, inspection,
testing, utility connections, design and construction. In addition, this M&C authorizes supplemental
appropriation ordinances from accessible funds necessary to fully fund the park road and bridge project
improving vehicle access to the site.
The project includes construction of a north access road at the intersection of Harmon Road and FM 156 to
serve the Northwest Community Park. This entrance will be signalized which will be safer, and allow park
visitors to exit onto the north bound lanes on FM 156. The current exit is right turn (south bound) only. The
specific project scope includes demolition and removals, earthwork and grading, road work and installation
of a +/-450' bridge, a new alignment of the north access road at the Northwest Community Park ballfield
parking lot.
Design Services
On October 5, 2020, a professional services engineering agreement with Halff Associates, Inc. (Consultant)
was administratively executed in the amount of$99,135.00 for engineering and preparation of construction
documents for this project (City Secretary Contract No. 54630).
The project requires a bridge crossing over the Fossil Creek Tributary#4 sufficient to withstand a 100-year
storm event which has added additional cost than previously estimated.
CMAR Selection
A Request for Proposals for a CMAR was advertised in the Fort Worth Star-Telegram on January 7 and 14,
2021. A pre-proposal meeting was held January 21, 2021. The City received 2 proposals on February 4,
2021 from the contractors listed below:
• The Fain Group, Inc.
• McCarthy Building Companies, Inc.
A selection team, comprised of representatives of the Park & Recreation Department and the Business
Equity Division reviewed and scored the submittals. The selection team reviewed the proposers' (a)
corporate experience and financial stability, (b) pre-construction services fee, (c) qualifications and
experience of key personnel, (d) pre-construction services approach, (e) construction services approach, (f)
Quality Assurance/Quality Control (QA/QC) and safety plan approach, (g) cost and schedule controls,
and (h) compliance with Business Diversity Enterprise Ordinance. The individual scores were totaled for the
final score listed in the following table.
Proposers Evaluation Factors
❑a ❑b ❑c d❑�❑f g❑❑h Totals Rank
The Fain Group, Inc. 35 18 66 51 51 17 78 12 328�
McCarthy Building, Companies, Inc ]Er�]5 66 51 51 17[�[�LL24.5�
Staff recommends that the City Council authorize execution the CMAR Construction Contract with The Fain
Group, Inc., for construction of Northwest Community Park North Road Improvement project.
Pre-construction services will commence upon award of this contract and issuance of a notice to proceeCd.
Construction services for Northwest Community Park North Road will begin in Spring 2021. The project to
apps.cfwnet.org/ecouncil/printmc.asp?id=28771&print=true&DocType=Print 2/4
4/6/2021 M&C-Council Agenda
be completed by September 2021.
As of January 31, 2021, the cumulative unfunded total of all previously approved M&C's increased the
department's estimated annual maintenance by $748,890.00 beginning in FY2022. Northwest Community
Park North Road is estimated to increase the department's annual maintenance by $5,112.00 beginning in
FY2022.
Approval of Recommendation No. 2 would adjust appropriations between a programmable project and
convert the Northwest Park North Road Project (City Project No. 102749) into a static capital project. This
action is needed as future funding for the Northwest Park North Road Project (City Project No. 102749) is
anticipated from other funding sources and the scope of this project differs from that of the current
programmable project.
Funding was included in the FY2021-2025 Capital Improvement Program for projects P00132 (PARD New
Enhancements), P00058 (PARD Dedication Fee Interest-Park Improvements), and P00059 (Park
Improvements). In order to administratively track the spending of all funding sources in one project,
appropriation ordinances are needed to move appropriations from the programmable project to the jointly
funded static project. This action will amend the FY2021-2025 Capital improvement Program as approved in
connection with Ordinance 24446-09-2020.
M/WBE Office—The FAIN GROUP, INC, is in compliance with the City's Business Equity Ordinance by
committing to 11\% Business Equity participation on this CMAR project. The City's Business Equity goal on
this CMAR project is 11\%.
Northwest Community Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified -All Funds and
Unspecified - Gas Lease Rev projects, the PDFI-Park Improvement, Park Improvements, and the PARD
New Enhancements programmable projects within the PARD Gas Lease Capital Project, PARD Dedication
Fees, and the General Capital Projects Funds and upon approval of the above recommendations and
adoption of the attached appropriation ordinances, funds will be available in the PARD Gas Lease Capital
Project, PARD Dedication Fees, and the General Capital Projects Funds for the Northwest Park North Road
project to support the approval of the above recommendations and execution of the agreement. Prior to an
expenditure being incurred, the Park& Recreation Department has the responsibility of verifying the
availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program Activity Budget Reference # Amoun
ID ID Year (Chartfield 2)
FROM
epartment Accoun Project ProgramActivity Budget Reference #Fund D Amoun
ID ID Year II (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. 210225 102749 FG Comp Memo.pdf (CFW Internal)
apps.cfwnet.org/ecouncil/printmc.asp?id=28771&print=true&DocType=Print 3/4
4/6/2021 M&C-Council Agenda
2. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT funds avail.docx (CFW
Internal)
3. 80Northwest Park North Road Funding Sources.docx (CFW Internal)
4. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 30100 AO21(r2)r.docx
(Public)
5. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 30100 AO21(r3)r.docx
(Public)
6. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 30100 AO21(r4)r.docx
(Public)
7. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 30110 AO21(r5)r.docx
(Public)
8. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 30110 AO21(r6)r.docx
(Public)
9. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 33002 AO21(r7)r.docx
(Public)
10. 80NORTHWEST COMMUNITY PARK NORTH ROAD IMPROVEMENT 33002 AO21(r8)r.docx
(Public)
11. 80Northwest Park North Road FIDS updated.xlsx (CFW Internal)
12. Form 1295 Certificate.pdff (CFW Internal)
13. Site Location - Map.pdf (Public)
apps.cfwnet.org/ecouncil/printmc.asp?id=28771&print=true&DocType=Print 4/4
ATTACHMENT B
CMAR's Written Proposal
(Response to RFP)
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
}y` � ���� • ' t o IJ f��t1i � �R•`/� � '7����#� r71�' `F^�' �*I� I
c Illt, . « .t j. �..,w 1 . ♦ .eef1
®r ,
le
t.j7-a „ ;� •.* - �;'�,. X A'. ,l k �� l,Ir. Ir.' _.� � � S! ,,� .�
1 �h"•� �. . V.y rf11 •' t 1 t.i. ''4� �r �•
..�, =1�3 a cr�>,r �� � ��T�4.�., � rr � t 7', �r c•�r d{r1- S^ji�
3 ���FI � s•• Y •,� rl�w l t l'P t. r +1 r'„>' r1Nw' � j -
h
�� } l �� IC( � i• ��.1.
•p ���.Al 1�M1 �.� ` •` �►i� FM��, � �,_ ! i,4.-�/ 41 �'�t y1.�}�. 7 1 •I L
l V' s'A. •� �j yyi
,, ,.ir i',•) r�•11�+�t� 'ti3'y�?e`�f 1� �ry � •
M, d� y j�'.f :.5 a wS°;.i Z" rsi*Y. 'A• _ �w 1. J.a "y rY^,.h' !Fe ) �.
ago
00 0-4
40
000
000
io
_.Ai Y1 .r•'4rr�� �ay .:•: Cw,��`��� ,.�I ::FFI,• �• - � -,nor _
I ���. �'" '� _ � J;� ��; t�� .IAA%''"•'��,
Construction Managerat
Nor wes ommuni y Park - � �-� _
City of Fort Worth Park & Recreation Department
FAIN
North Road Improvements
Building - , 1
TABLE OF CONTENTS
* Cover Letter
• Forms and Certifications
• Proposer's Corporate Experience and Financial Stability
• Pricing of CMAR Services
• Qualifications and Experience of Key Personnel
* Project Approach
• MBE Plan: Compliance with the Business Diversity Enterprise Ordinance
• Appendix
Resumes
Financial Statement
COVER LETTER
■
■
FAIN
Building Relationships
Constructing Futures
P.O.Box 750
Fort Worth,TX 76101
817-927-4388
817-927-4389 Fax
www.faingp
February 4, 2021
Tonda Rice, Project Manager
Fort Worth Park and Recreation Department
200 Texas Street
Fort Worth, TX 76102
Re: CMAR - City of Fort Worth, Northwest Community Park - North Road
Improvements
Ms. Rice,
The Fain Group, Inc. is pleased to offer the following proposal to the
The city of Fort Worth. We feel confident that our response will demonstrate our
capability and reputation for quality and responsiveness for the numerous park&trail
projects we have constructed over the past 16 years. Our firm has been involved with
several CMAR projects with various cities throughout the Metroplex, including Fort
Worth and our team is well versed in the procedures required for CMAR contracts.
We appreciate the opportunity to continue working with The City of Fort Worth.
We acknowledge receipt of addendum #1 and addendum #2.
This proposal shall be valid for a period of 90 days from the date of
February 4, 2021 .
Thank you for this opportunity, and should any questions arise, please contact us.
Sincerely,
XLarryrazier
President
FORMS
Exhibit A - Proposal Transmittal Letter
TO: City of Fort Worth, Texas
FROM: The Fain Group, Inc.
(Proposer's Name)
FOR: Northwest Community Park—North Road Improvements
Submitted: February 4 ,2021
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 and 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 compensation 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 documen .
By:— //_�Y
DPre
gnat re)
Title: ent
Date: 2/4/21
City of Fort Worth—Northwest Community Park North Road Improvement Page 21 of 49
C'MAR RFP—Proiect#102747
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 &A.4.
Additional consideration will be given to projects combining multiple elements listed in
Section 4.
Proiect 1
Name of Project: Gateway Park East Redevelopment
Location: Fort Worth, TX
OWNER'S Name and Address: City of Fort Worth
4200 S. Freeway St., Ste. 2200, Fort Worth, TX 76115
OWNER'S Contact Person (Print): Cornell Gordon
Phone/Fax No.:817-392-5767 /817-392-5724
Initial Contract
Price: $2,045,641.93
Final Contract Price:
$2,087,814.31
City of Fort Worth—Northwest Community Park North Road Improvement Page 22 of 49
CMAR RFP—Proiect#102747
For Design Projects, Construction Cost:
Contract Start Date:_(Date of Notice to Proceed) 05/18/2015
Contract Time: 280 —(X)Calendar Days()WorkingDays
Contract Substantial Completion Date: December 2015
Actual Substantial Completion Date: December 2015
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
City of Fort Worth—Northwest Community Park North Road Improvement Page 23 of 49
C'M A R R FP—PrniPrt #10?747
Project Description and Statement of Relevance to this Project:
This project consisted of an extensive trail project through the heavily wooded
Gateway Park. Approximately 1.5 miles of trail were constructed with 2 major
overlooks of the Trinity River, 4 pedestrian bridges were constructed along the trail
route as well. A parking lot was added to the park as well to allow additional access.
The elements are similar to the aspects of Northwest Community Park that are
proposed under this CMAR. The Gateway Park project was completed under the
CMAR delivery method.
City of Fort Worth—Northwest Community Park North Road Improvement Page 24 of 49
CM A R R FP—Prniect 9102747
Exhibit B -Statement of Experience (continued)
Project 2
Name of Project: Beard Park
Location: Town of Little Elm,TX
OWNER's Name and Address: Town of Little Elm
100 E. Eldorado Pkwy, 2nd FI., Little Elm, TX 75068
OWNER's Contact Person (Print): Jason Laumer
Phone/Fax No.: / 214-975-0473 /214-618-2715
Initial Contract
Price: $1,538.174.76
Final Contract Price:
$1,538,174.76
For Design Projects, Construction Cost:
Contract Start Date:—(Date of Notice to Proceed) 02/16/15
Contract Time: 180 (x)Calendar Days()Working Days
Contract Substantial Completion Date: October 2015
City of Fort Worth—Northwest Community Park North Road Improvement Page 25 of 49
I'M A R P FP-P—;—t 91 M7d7
Actual Substantial Completion Date: March 2016
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
This project exists on the shores of Lake Lewisville, The flooding that occured in
2015 caused the trail portion of the project to be delayed until the Spring of 2016.
The trail area was submerged by Lake Lewisville for approximately 9 months,
Project Description and Statement of Relevance to this Project:
This park was awarded under the CMAR process much like the delivery method for
the Northwest Community Park is proposed under. The work consisted of
approximately 3/4 of a mile trail that is adjacent to Lewisville Lake in a heavily
wooded area. Other features of the park included several stone monuments, a play-
around, enhanced colored concrete pavina, turf play surfaces, even a historic log
cabin that was relocated on the site.The play structures of the park are custom made
pieces that make this park a one of a kind.
City of Fort Worth—Northwest Community Park North Road Improvement Page 26 of 49
ON4AR PFP_P—;ia tff1/177,17
Exhibit B -Statement of Experience (continued)
Proiect 3
Name of Project: Chisholm Trail Park
Location: Fort Worth,TX
OWNER's Name and Address: City of Fort Worth
4200 S. Freeway St., Ste. 2200, Fort Worth, TX 76115
OWNER's Contact Person (Print): Thomas Alves
Phone/Fax No.: / 817-392-5746 /817-392-5724
Initial Contract
Price: $3,400,000.00
Final ContractPrice:
$3,474,851.52
For Design Projects, Construction Cost:
Contract Start Date:_(Date of Notice to Proceed) 02/27/15
Contract Time: 430 () Calendar Days (x)WorkingDays
Contract Substantial Completion Date: May 2016
City of Fort Worth—Northwest Community Park North Road Improvement Page 27 of 49
CMAR RFP—Proiect 4102747
Actual Substantial Completion Date; May 2016
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Project Description and Statement of Relevance to this Project:
The Design-Build delivery system was the method in which this project was awarded.
Similar to the CMAR process, with the design beina under the same contract
umbrella. This 80+ acre project has over two miles of concrete sidewalk/trail that was
constructed, Three separate parking areas were constructed to facilitate access to
the park. A major feature of the park is a skatepark that is getting much use from the
community and I believe is the first of its kind for
the City of Fort Worth, 2 competition soccer fields along with picnic areas, pavilions and a
playground were also completed. A fishing pier now stands along the pond that
existed on-site to allow for people to boat and fish at the park, A major element of
this project was the preservation of the existing prairie landscape and ecosystem. The
disturbance of the existing plant soil was limited while the preservation of the existing
plant seeds were cut, and respread on the site to preserve the existing prairie.
City of Fort Worth—Northwest Community Park North Road Improvement Page 28 of 49
CNAAP PPP—Prniart1t1O')7A7
Exhibit C - Proposed Project Key Personnel
Proposed Project Manager(s)
Organization Doing Business As The Fain Group,Inc.
Name of Individual Larry Frazier
Years of Experience as Project Manager 29
Years of Experience with this organization 16
Number of similar projects as Project Manager 30
Number of similar projects in other positions 130
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Improvements on Gateway Park Renovations
to the existing park and various amenities.
$2,045,641.93 $2,087,814.31 February 2016 February 2016
Added new pedestrian bridge,site amenities,
new parking lots and two observation decks.
Chisholm Trail Community Park
Design-Build skate park with park amenities, $3,400,000.00 $3,474,851.52 May 2016 May 2016
new soccer fields,playground,pavilions,
nature trails with overlooks and fishing piers.
Beard Park
New 6.5 acre park with nature theme play- $1,538,174.76 $1,538,174.76 October 2015 October 2015
ground.Nature trails and integral concrete
around the park,pavilions&restroom buildin .
Name Bryan Lyness Name Thomas Alves
Title/Position Project Manager Title/Position Project Manager
Organization City of Fort Worth Organization City of Fort Worth
Telephone 817-392-5728 Telephone 817-392-5764
E-mail bryan.lyness@fortworthtexas.gov E-mail thomas.alvesofortworthtexas
ov
Project Alliance Park Ph I &Ph II Project Chisholm Trail Community
Park
Candidate role Candidate role
Project Manager Project Manager
on Project on Project
urrent Project&s
,si&nments
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
Chisholm Trail Ph II 60 03/2021
City of Fort Worth—Northwest Community Park North Road Improvement Page 29 of 49
CMAR RFP—Proiect#102747
Exhibit C - Proposed Project Key Personnel—Continued
Proposed Project Superintendent
Organization Doing Business As The Fain Group, Inc.
Name of Individual Mike Gilbert
Years of Experience as Project Manager
Years of Experience with this organization 2
Number of similar projects as Project Manager
Number of similar projects in other positions 130
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Melissa Sports Complex
Baseball field and softball field with must
lighting, new bleachers,press boxes, $6,800,000.00 $6,800,000.00 February 2016 February 2016
covered batting cages and bullpens.
Magnolia Streetscape Ph II&Ph III
Streetscape Improvements $4,000,000.00 $4,000,000.0 1986 1986
Fuller Garden
Fort Worth Botanical Garden 3.5 acre
lighted garden with stone hardscapes, $2,000,000.00 $2,000,000.0 1987 1987
water features and lantin .
Me
Name Ward Peterson Name Andy Boehmer
Title/Position Architect Title/Position Inspector
Organization Pacheco Koch Organization City of Dallas
Telephone 972-235-3031 Telephone 214-670-8823
E-mail wpeterson@pkce.com E-mail andrew.boehmerPdallascity
hall.com
Project Melissa Sports Complex Project Dallas Aquatic Centers
Candidate role Candidate role
on Project Architect on Project General Superintendent
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
Great Southwest Parkway 49% 08/21
City of Fort Worth—Northwest Community Park North Road Improvement Page 30 of 49
C'MAR RFP—PrniPctiiin?747
Exhibit C - Proposed Project Key Personnel—Continued
Proposed Project Safety Officer
Organization Doing Business As The Fain Group, Inc.
Name of Individual Larry Frazier
Years of Experience as Project Manager 29
Years of Experience with this organization 16
Number of similar projects as Project Manager 130
w
mber of similar projects in other positions 30
- i
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Improvements on Gateway Park Renovations
to the existing park and various amenities.
Added new pedestrian $2,045,641.93 $2,087,814.31 February 2016 February 2016
bridge,site amenitie new parking lots and
two observation decks
Chisholm Trail Community Park
Design-Build skate park with park amenities,
new soccer fields,playground,pavilions, $3,400,000.00 $3,474,851.52 May 2016 May 2016
nature trails with overlooks and fishing piers.
Beard Park
New 6.5 acre park with nature theme play-
ground.Nature trails and integral concreted $1,538,174.76 $1,538,174.76 October 2015 October 2015
around the park,pavilions&restroom
builin .
Name Bryan Lyness Name Thomas Alves
Title/Position Project Manager Title/Position Project Manager
Organization City of Fort Worth Organization City of Fort Worth
Telephone 817-392-5728 Telephone 817-392-5764
E-mail bryan.lyness@fortworthtexas.gov E-mail thomas.alvesofortworthtexas
ov
Project Alliance Park Ph I &Ph II Project Chisholm Trail Community
Park
Candidate role Candidate role
on Project Project Manager on Project Project Manager
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
Chisholm Trail Ph II 60% 03/2021
Alliance Park Ph I &Ph II 60 07/2021
City of Fort Worth—Northwest Community Park North Road Improvement Page 31 of 49
!`TA A D DUD _Dr ;i t 441 0')7A7
Exhibit C - Proposed Project Key Personnel.—Continued
Proposed Project Quality Control Manager
Organization Doing Business As The Fain Group, Inc.
Name of Individual Mike Gilbert
Years of Experience as Project Manager
Years of Experience with this organization 2
Number of similar projects as Project Manager
Number of similar projects in other positions 130
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Melissa Sports Complex
Baseball field and softball fields with
musco lighting,new bleachers,press boxe $6,800,000.00 $6,800,000.00 February 2016 February 2016
covered batting cages and bullpens.
Magnolia Streetscape Ph II&Ph III
Streetscape Improvements $4,000,000.00 $4,000,000.00 1986 1986
Fuller Garden
Fort Worth Botanical Garden 3.5 acres
lighted garden with stone hardscapes, $2,000,000.00 $2,000,000.00 1987 1987
water features and planting.
MINFORMun (listroval to co
Name Ward Peterson Name Andy Boehmer
Title/Position Architect Title/Position Inspector
Organization Pacheco Koch Organization City of Dallas
Telephone 972-235-3031 Telephone 214-670-8823
E-mail wpeterson@pkce.com E-mail andrew.boehmer@dallascityh
all.com
Project Melissa Sports Complex Project Dallas Aquatic Center
Candidate role Candidate role
on Project Architect on Project General Superintendent
Name of Assignment Percent of Time Estimated Project
Used for this Completion Date
Great Southwest Parkway 49% 08/21
City of Fort Worth—Northwest Community Park North Road Improvement Page 32 of 49
CM A R R FP—Prniart i 1i n?7A7
Exhibit D —Exceptions to Agreement (see Attachment 2)
Comment Location in
Number CMAR Exception and Rationale Suggested Alternate Language
Agreement °
1 No Exceptions Taken
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
City of Fort Worth—Northwest Community Park North Road Improvement Page 33 of 49
CMAR RFP—Proiect#102747
Exhibit E—Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made. to the law by H.R. 1491, POth Leg., Regular Session. OFFICEUSEONLY
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-a)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 statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006. Local
Government Code.An offense underthis section isa Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
The Fain Group, Inc.
2
Check this box if you are filing an update to a previously filed questionnaire.
N/A
(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
Name orlocal government officer with whom finer has employment or nustness relationship.
N/A
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 CIO as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income. from the 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
D. Describe each employment or business relationship with the local government officer nalnecl in this section.
N/A
a
2/4/21
Signa re of rson doing business with Me governmental entity Date
City of Fort Worth—Northwest Community Park North Road Improvement Page 34 of 49
CMAR RFP—PrniPrt#10?747
Exhibit F—Client Reference Form
Project Name:
Frisco Athletic Center
Owner's Name:
City of Frisco
Owner Contact's Phone Number: 214-876-8658
Owner's Contact Name&Title: Dudley Raymond,Assistant Director of
Operation.
Type of Contract(Design/Bid/Build,Design/Build, CM at Risk, etc.) Best Value Proposal
Engineer/Architect/Construction Manager's Name: Kimley-Horn &Associates
Engineer/Architect/Construction Manager's Phone Number: 214-420-5680
Engineer/Architect/Construction Manager's Contact Name&Title: Austin Powers, Engineer
Original Contract Value/GMP of Project: $6,355,077
Cost Savings Identified: $253,230
Final Contract Value of Project: $6,355,077
Project Description: This project was an expansion to the
City of Frisco's existing aquatic
center. It included the doubling in
size of the existing lazy river along
with the construction of a concessio
building,food service building and
an expansion to the existing ticket
area. A new major water slide was
also constructed along with an
expansion of the parking area.
Original Project Duration: 390 Days
Original Project Completion Date: 05/2015
Actual Project Completion Date: 05/2015
Explanation for later project completion date or contract value overrun,if applicable:
City of Fort Worth—Northwest Community Park North Road Improvement Page 35 of 49
f TA A P R PP—Prnivrt if 1 h77,17
List Major Subcontractor's;names,contact phone numbers
The Anchor Group, Inc. Fencing Artie Melton 817-652-1900
American Stripping Company Stripping/Signage William Richmond 972-557-8565
Southern Legacy Landscapes Landscape/Irrigation Lee Gandy 972-824-7514
El Cala Construction LLC Concrete Manuel Salas 817-271-0645
R&A Masonry, Inc. Masonry Andrea Alaniz 214-398-5703
City of Fort Worth—Northwest Community Park North Road Improvement Page 36 of 49
CMAR RFP—Proiect#102747
Exhibit F— Client Reference Form
Project Name:
Safari Splash Aquatic Play Area
Owner's Name:
Fort Worth Zoo
Owner Contact's Phone Number: 817-566-9226
Owner's Contact Name&Title: Leah Gilbert,Owner's Representative e
Type of Contract(Design/Bid/Build,Design/Build,CM at Risk, etc.) Construction Manager at Risk
Engineer/Architect/Construction Manager's Name: Dunaway&Associates
Engineer/Architect/Construction Manager's Phone Number: 817-335-1121
Engineer/Architect/Construction Manager's Contact Name&Title: Adam Brewster,Engineer
Original Contract Value/GMP of Project: $1,358,347
Cost Savings Identified: 0
Final Contract Value of Project: $1,530,152.64
Project Description: This project was a 14,000 square-foot splash
park addition to the Fort Worth Zoo.It's a
zero-depth water play area equipped with four
slides,a water dump tower,a fill wall for your
water toys, animal-shaped water cannons and
a designated toddler play area. Large
architectural concrete walls surround the
facility that also contains a pump house,
bathroom building,concession building and a
filtration building.A new boardwalk and
pedestrian bridge allows access to the park
across a creek from the main zoo entrance.
Original Project Duration: 270 Days
Original Project Completion Date: 03/2015
Actual Project Completion Date: 03/2015
Explanation for later project completion date or contract value overrun, if applicable:
The project added elements elsewhere in the zoo during the construction of this project.
City of Fort Worth—Northwest Community Park North Road Improvement Page 35 of 49
CMAR RFP—Proiect 4102747
List Major Subcontractor's;names,contact phone numbers
H.V.A.C. Technical, Inc. HVAC Larry Love 817-428-0124
The Anchor Group,Inc. Fencing Artie Melton 214-350-1900
Meade Servicing Group, Inc. SWPP Bobby Dixon 469-628-8070
Ken's Quality Millwork, Inc. Millwork Ken Vaughn 817-996-8731
Lon Smith Roofing,Inc. Roofing Bill Sellers 817-926-8400
City of Fort Worth—Northwest Community Park North Road Improvement Page 36 of 49
('M A R R FP—PrniPrt 1110?747
Exhibit F — Client Reference Form
Project Name:
f Northwest Community Park
Owner's Name:
City of Fort Worth
Owner Contact's Phone Number: 817-392-5781
j Owner's Contact Name&Title: Bryan Lyness City Project Manager
Type of Contract(Design/Bid/Build,Design/Build,CM at Risk,etc.) CM at Risk
Engineer/Architect/Construction Manager's Name: The Landscape Alliance
Engineer/Architect/Construction Manager's Phone Number: 817-589-8909
Engineer/Architect/Construction Manager's Contact Name&Title: Gary Kutilek,Architect
i Original Contract Value/GMP of Project: $878,122.50
Cost Savings Identified: $0
Final Contract Value of Project: $878,122.50
Project Description: Park and boat dock improvements; new
fishing pier.
Original Project Duration: 175 Days
Original Project Completion Date: 11/15
Actual Project Completion Date: 11/15
Explanation for later project completion date or contract value overrun,if applicable:
i
l..
t
City of Fort Worth—Northwest Community Park North Road Improvement Page 35 of 49
lIT4AD D17D D------ 41 M17A7
List Major Subcontractor's;names,contact phone numbers
El Cala Construction Concrete Manuel Salas 817-271-3636
Meeco Dock Steve Shoup 918-424-9804
Jag Iron Worrks Fance / Gate Gary McElyea 817-676-3353
i
i
f
I
i
i
�f
i
i
i
I
i
i
I
L
I
City of Fort Worth—Northwest Community Park North Road Improvement Page 36 of 49
117 All 17 A'7
Exhibit F—Client Reference Form
Project Name:
Cobb Park Phase I Park
Improvements
Owner's Name:
City of Fort Worth
Owner Contact's Phone Number: 817-392-5750
Owner's Contact Name&Title: Scott Penn, LS Architect
Type of Contract(Design/Bid/Build,Design/Build,CM at Risk,etc.) Sealed Bid
Engineer/Architect/Construction Manager's Name: Jacobs Engineering
Engineer/Architect/Construction Manager's Phone Number: 817-735-6000
Engineer/Architect/Construction Manager's Contact Name&Title: Lori Gordon, Engineer
Original Contract Value/GMP of Project: $2,698,784
Cost Savings Identified: 0
Final Contract Value of Project: $3,293,881
Project Description: This project was a renovation to an
existing 600+ acre Cobb Park. Two
masonry veneer and cast stone tower
columns now greet park patrons as
they enter.A new stone clad con-
span bridge also allows access to the
park from the north end.A new
parking lot,playground and three
pavilions were added along with a
multi-use soccer field.
Original Project Duration: 240 Days
Original Project Completion Date: 10/11
Actual Project Completion Date: 01/12
Explanation for later project completion date or contract value overrun,if applicable:
Another phase of this project in a separate area of the park was awarded to us by change order increasing
our time and cost for the additional work.
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 35 of 49
List Major Subcontractor's;names, contact phone numbers
Fort Worth Excavating Earthwork Frank Stivent 817-572-6602
Reynolds Asphalt and Construction Co. Asphalt Paving Charlie Daniels 817-267-3131
Hayden Capital Corporation Utility Subcontractor Jim Humphries 817-478-3765
Quality Ironworks, Inc. Structural Steel Gary Hinson 214-688-0180
LJ Designs &Construction Pavilion Installer Lisa Woolsey 817-999-6085
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 36 of 49
Exhibit F—Client Reference Form
Project Name:
9th Street Pedestrian and Streetscape
Enhancements
Owner's Name:
City of Fort Worth
Owner Contact's Phone Number: 817-223-2283
Owner's Contact Name&Title: Lewis Gregory, Const. Inspector
Type of Contract(Design/Bid/Build,Design/Build,CM at Risk,etc.) Sealed Bid
Engineer/Architect/Construction Manager's Name: CP&Y
Engineer/Architect/Construction Manager's Phone Number: 817-662-1211
Engineer/Architect/Construction Manager's Contact Name&Title: Paul Roach, Engineer
Original Contract Value/GMP of Project: $2,611,673
Cost Savings Identified: 0
Final Contract Value of Project: $2,788,382
Project Description: The project consisted of street and
walking improvements to downtown
for enhancements prior to the Super
Bowl. It was comprised of colored
aggregate enhanced concrete walls,
renovations to the existing panther
fountain,new roadways and land-
scape &irrigation improvements.
Original Project Duration: 235 Days
Original Project Completion Date: 01/2011
Actual Project Completion Date: 01/2011
Explanation for later project completion date or contract value overrun,if applicable:
Change order for additional work to the underground tunnel system that was found during construction
CI I Y OF FORT WORT]I-Northwest Community Park North Road Improvement
CMAR RFP PRO1FCT#102747
Page 35 of 49
List Major Subcontractor's;names, contact phone numbers
Buyers Barricades Barricades Blake Tuggle 817-535-3939
SYB Construction Brick Pavers Rodd Brann 972-790-1900
Bean Electrical, Inc. Electrical Chip Bean 817-561-7400
Reynolds Asphalt Asphalt Ned Tankersley 817-267-3131
Environment Allies SWPP Rachel 281-442-4112
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CHAR RFP PROJECT 4102747
Page 36 of 49
Exhibit F—Client Reference Form
Project Name:
Camp Bowie Sports Complex
Owner's Name:
City of Brownwood
Owner Contact's Phone Number: 325-646-5775
Owner's Contact Name&Title: Jodie Kelley,Engineer
Type of Contract(Design/Bid/Build,Design/Build, CM at Risk,etc.) Sealed Bid
Engineer/Architect/Construction Manager's Name: Kimley-Horn &Associates
Engineer/Architect/Construction Manager's Phone Number: 214-420-5600
Engineer/Architect/Construction Manager's Contact Name&Title: Adam Brewster,Engineer
Original Contract Value/GMP of Project: $4,083,800
Cost Savings Identified: $656,310
Final Contract Value of Project: $3,427,490
Project Description: This project was built on 66 acres of
of Milan Dr. in Brownwood south o
the existing ball fields. It consisted o
12 new ball fields, covered bleachers
and dugout with lighting.We added
three new restrooms and
concessions building along with 4
covered pavilions and two covered
playgrounds that were constructed
surrounding the fields.
Original Project Duration: 240 Days
Original Project Completion Date: 12/10
Actual Project Completion Date: 12/10
Explanation for later project completion date or contract value overrun,if applicable:
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 35 of 49
List Major Subcontractor's;names,contact phone numbers
Webb Plumbing Plumbing Jim Webb 325-642-7099
A&A Systems Interior Framing Raul Garza 817-479-7142
Bean Electrical, Inc. Electrical Chip Bean 817-561-7400
3T Materials Doors/Hardware Trent Thetford 214-676-8070
Insite Amenities Pavilion Kim Neal 817-236-5439
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 36 of 49
Exhibit F—Client Reference Form
Project Name: Dallas Road TOD Corridor/Cotton Belt
Extension.
Owner's Name: The City of Grapevine
Owner Contact's Phone Number: 817-410-3144
Owner's Contact Name&Title: Paul Lee Project Manager
Type of Contract(Design/Bid/Build,Design/Build,CM at Risk,etc.) Design/Bid/Build
Engineer/Architect/Construction Manager's Name: uitt-Zollars
Engineer/Architect/Construction Manager's Phone Number: 14-871-3311
Engineer/Architect/Construction Manager's Contact Name&Title: Katie McCarty
Original Contract Value/GMP of Project: 8,404,817.50
Cost Savings Identified:
Final Contract Value of Project: 8,404,817.50
Project Description: Dallas Road TOD Corridor/Cotton Belt
Extension: Conversion of Dallas Road from
a 5-lane undivided roadway to a 4-lane
divided roadway approximately 4328 LF
and construction of a 10' & 12' wide
concrete trail along Dallas Road.
Original Project Duration: 458 Working days
Original Project Completion Date: 7/21
Actual Project Completion Date: 7/21
Explanation for later project completion date or contract value overrun,if applicable:
CITY OF FORT WORTH-Northwest Community Park North Road improvement
CMAR RFP PROJECT 4102747
Page 35 of 49
List Major Subcontractor's;names,contact phone numbers
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 36 of 49
Exhibit G—Bond Forms
Pre-Construction Phase Services:
For Pre-Construction Phase Services, no bonds are required.
Construction Phase Services:
Construction Phase Bonds shall be the City's standard form performance, payment and
maintenance bonds.
CITY OF FORT WORTH-Northwest Community Park North Road Improvement
CMAR RFP PROJECT 4102747
Page 37 of 49
IMPORTANT NOTICE
STATE OF TEXAS
COMPLAINT PROCEDURES
1. IMPORTANT NOTICE AVISO IMPORTANTE
To obtain information or make a complaint: Para obtenerinformacion o para'someter una queja:.
2.. You may contact your agent. Puede comunicarse con su (title) al (telephone
number).
3. You may call' Westfield Insurance Company, Usted puede llamar al numero de telefono gratis de
Westfield National Insurance Company, and/or Westfield Insurance Company, Westfield National
Ohio Farmers Insurance Company's toll-free Insurance Company, and/or Ohio Farmers
telephone number for information or to make a Insurance Company's para information o para
complaint at: someter una queja al:
1-800-243-0210 1-800-243-0210
4. You may also write to Westfield Insurance Usted tambien puede escribir a Westfield Insurance
Company, Westfield National Insurance Company, Company, Westfield National Insurance
and/or Ohio Farmers Insurance Company at: Company, and/or Ohio Farmers Insurance
Company:
Attn: Bond Claims Attn: Bond Claims
One Park Circle One Park Circle
P O Box 5001 P O Box 5001
Westfield Center,OH 44251-5001 Westfield Center,OH 44251-5001
Fax#330-887-0840 Fax#330-887-0840
5. You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain_ information on' companies, Sequros de Texas para obtener information acerca
coverages,rights or complaints at: de companies,coberturas, derechos o quejas al:
1-800-252-3439 1.800-252-3439
6: You may write to the Texas Department of Puede escribir al Departamento de Seguros de
lnsurance Consumer.Prote.ction Section.(MC 111-1A): Texas,Consumer Protection Section(MC 111-11A):
P_O.Box 149091 P.O. Box149091
Austin,TX 78714-9091 Austin,TX 78714-9091
Fax: (512)490-1007 Fax: (512)490-1007
Web:www.tdi.texas.gov Web:www,tdi.texas.gov
E-mail:ConsumerProtectionetdi.texas.aov E-mail:ConsumerProtectionetdi.texas.aov
7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS:
Should you have a dispute concerning your premium or Si tiene una diisputa concerniente a su prima o a un
about a claim, you should contact the agent,Westfield reclamo, debe comunicarse con el agente, Westfield
Insurance Company, Westfield National Insurance Insurance Company, Westfield National Insurance
Company, or Ohio Farmers Insurance Company first. if Company, o Ohio Farmers Insurance Company
the dispute is not resolved, you may contact the Texas primero. Si no se resuelve la disputa, puede
Department of Insurance. entonces comunicarse con el departamento(TDI).
8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es
This notice is for information only and does not become solo para proposito de information y no se convierte
a part or condition of the attached document. en parte o condition del documento adjunto.
BD5430(06-15)
0043 13
DAP BID BOND FORM FOR PUBLICLY BID PROJECTS ONLY
Page 1 of 1
SECTION 00 43 13
DAP- BID BOND
BY THESE PRESENTS:
That we,The Fain Group,Inc. called the Principal, and Westfield Insurance Company a
corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the
Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five.Percent
of the Greatest Amount.Bid (5% GAB)and No/100 Dollars said Principal and the said Surety,bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firm by these
presents.
WHEREAS the Principal has submitted a proposal to perform work for the following project of
the Obligee identified as:
CMAR Northwest Community Park
NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the
Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the
Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such
proposal,then this bond shall be null and void. If the Principal fails to execute such Contract in
accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for
the execution of the Contract in accordance with the proposal,this bond shall become the property of the
Obligee,without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be
used to compensate Obligee for the difference between Principal's Total Bid Amount and the next
selected Bidder's Total Bid Amount.
SIGNED this 2nd day of February ,2021 .
By: The Fain Group,Inc.
Larry Frazier President
(Signature and Title o rincipal)
By: Westfield Insurance Company / —
Jeremy Barre , Attorney-in-Fact (Signature of Attomey-of-Fact)
f
*Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed
Surety Seal
Only
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION BID BOND FORM—DEVELOPER AWARDED PROJECTS ResourcesP 30-New Development Resources—Specs and Contract Documents 0043
13—Bid Bond—DAP(1)(002)
Form Version April 2,2014
General POWER NO. 4220012 14
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE,COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
ppresents make,constitute and appoint
TONY FIERRO,JOHNNY MOSS,JAY JORDAN,MISTIE BECK,JEREMY BARNETT,JADE PORTER,ROBERT G.KANUTH, ,
JARRETT WILLSON,JACK NOTTINGHAM,JOINTLY OR SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,
place and stead, to executei acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship- . . . . . . . . . . . . . . . . . . . . • . .. . . . . . . . . . . . . . . . . . . . . . . •. . . .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
•'Be It Resolved,that thePresident,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint anyone or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall.be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting
held on.February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 02nd day of JANUARY A.D.,2020 .
W i I«•7h M•««,
corpoSearate
UR.t,c•• ���nNA �N ��$Up�"� WESTFIELD INSURANCE COMPANY
Affixed ��' .a.�•'�►4` WESTFIELD NATIONAL INSURANCE COMPANY
X `�`� 'GhRRTE$fQ OHIO FARMERS INSURANCE COMPANY
H N' SEL
t ro -,-: SEAL 9m •pL '
State of Ohio «o,•«, •„«,« " By 7
County of Medina ss.: Gary W. tumper, Nation Surety Leader and
Senior Executive
On this 02nd day of JANUARY A.D., 2020 before me personally came Gary W. Stumper to me known,who, being by me duly sworn,
did depose and sayy, that he resides in Hartford, CT;that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial ,,,. .««,,,�
Seal R1 A L S
Affixed �P
State of Ohio ego David A. Kotnik, Attorney at Law, Notary Public
County of Medina ss. q �'�1�,.- My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
Tf bf o
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 4tli day of
February A.D 2021'
PS\C)NSEALC
gNi �ro in: gam'
4 :a= Secretary�,� •. •'; + Frank A. Carrino, Secretary
BPOAC2 (combined)(06-02)
Exhibit J - Evaluation Criteria
Evaluation
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 and Construction Services Costs Maximum 5
and Fees) 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
City of Fort Worth—Northwest Community Park North Road Improvement Page 43 of 49
('AA A R R PP-PrniPrt it 1017,17
Evaluation Criteria Weighted
I Value
6. Project Approach
Construction Approach: Team's approach to quality Maximum 15
assurance/quality control during construction, approach to dealing points
with Project Change Orders/Field Orders, 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.
Pre-Construction Services: Team's approach to performing pre- Maximum 15
construction phase services, integration with the Owner's design points
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-
initiated requests points
7. Compliance with the Business Equity Ordinance: Acknowledge
and commit to meeting the overall diverse Business Equity Goal and Maximum 5
present its preliminary Utilization Plan points
Proposer's responsiveness to Request for Proposal Yes/No
City of Fort Worth—Northwest Community Park North Road Improvement Page 44 of 49
C'MAR RFP—Prniart#10?7d7
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
City of Fort Worth-Northwest Community Park North Road Improvement Page 45 of 49
('AA A R R FP-P-ia,t f11 f177d7
Reinforcing Steel SetterHelper $ 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 46 of 49
PRICING OF CMAR
SERVICES
_Exhibit I - Construction Budget and Fee Proposals .
Construction Budget
The City's Construction Budget $1,800,000
(includes $100,000 Allowance to be included in GMP)
CMAR Fee Proposal
Pre-Construction Phase Cost (Paid from other Project funds):
Minimum Amount (required) $25,000,00
Additional Amount (if any, cannot be negative) $0
Total Pre-Construction Phase Cost $25,000-00
Construction Phase Fee:
(expressed as a percentage of cost of work; will be 4
incorporated into GMP)
Additional Shared Savings Proposed (if any) $0
(refer to Attachment 2, Agreement, Articles 2,D and
2.E
Note: Only the Total Pre-Construction Phase Cost and
Construction Phase Fee percentage will be read publicly at the
time the RFP is opened.
City of Fort Worth—Northwest Community Park North Road Improvement Page 42 of 49
CMAR RFP—Project#102747
CORPORATE
EXPERIENCE
Proposer's Corporate Experience and Financial Stability
Attached is a list of similar projects that we have completed over the last 10 years that
demonstrate our experience with park, park roadway, and trail projects. The projects in-
clude elements of concrete & asphalt paving, concrete walks, athletic fields, masonry monu-
ments, bridges, retaining walls, and various other site improvements.
A large number of our projects involve pre-construction services in which we develop
GMP's, provide construction scheduling, value engineering services, review contract docu-
ments, and provide budget cost estimates. For example, we completed a design-build pro-
ject with the City of Fort Worth called Chisholm Trail Park, in which we reviewed the con-
tract documents throughout the design process and provided cost analysis for the different
levels of design to ensure that the final design did not exceed the City of Fort Worth's budg-
et for the entire project. We are currently constructing the phase II of Chisholm Trail Park
under a design-build contract. Another example is the City of Frisco's Athletic Center project
that we provided extensive value engineering options to the city in order for them to re-
duce their costs. This project was let under a competitive sealed proposal, and this value
engineering process saved the city$250,000.
We have developed numerous GMP's for varying entities over the years, all of which have
stayed within the owner's budgets. Some of these projects include Chisholm Trail Park
Phase II, Alliance Park Phase II, Beard Park, DFW Founders Plaza, Gateway Park, and Camp
Bowie Sports Complex. We conduct many cost estimates for projects that are either built by
Fain or other parties. We provide budgeting cost estimates to numerous cities and engi-
neering firms so that they can establish funding for their projects. Some of these budget
estimates are done with no design plans at all and are based upon some perceived quanti-
ties of what the work might entail, and some are done with 100% design drawings. We can
budget any project no matter what stage of design the project is in.
Project scheduling is done for all of our projects, regardless of whether it is a CMAR project
or a competitive bid project. We also put forth schedules during the design phases of pro-
jects and can offer suggestions as to different materials and methods to help speed the con-
struction process.
Pre-construction services are required for all of the CMAR projects we work on, but many of
these same processes are conducted on other delivery methods as well. Our experiences
with both types of projects, we feel gives us an added benefit to our clients.
The Northwest Community Park will consist of extensive asphalt paving, bridge construction
& some landscaping that was self-performed. These are all areas of work that Fain self per-
forms; however, Fain will the 11% MBE goal. Several items of work shall be performed by a
quality MBE firm. This allows us to keep control of costs as well as scheduling of projects.
Being able to have our own workforce available eliminates the need to rely on the availabil-
ity of a subcontractor.
It is also a great benefit to be able to value engineer those scopes of work through varied
means and methods. Being able to perform those scopes of work allows us to control the
quality of our projects as well. We understand that under the CMAR umbrella, we will have
to propose for these scopes of work against other subcontractors and under the pretense to
keep all quotes separated and fully transparent.
We are unaware at this time what other scopes might be incorporated into the project. All
of the areas of work will be put out for separate bids in bid packages to ensure the best val-
ue for the City of Fort Worth, should they exceed the $50,000.00 threshold.
Our audited financial statement is attached in the appendix and will demonstrate our finan-
cial stability to properly administer this contract should it be awarded to us.
Key Points of Fain
Based in Fort Worth
No OSHA Violations in the past ten years
No past litigation with a client
All of our park projects have been completed on time
30 million a year in annual volume
Bonding capacity of$75 Million
Gateway Park East Development
Project Description:
This project consisted of renovations to the 1000 acre existing park in
Fort Worth.Various amenities were added to the park including a
pre-fabricated pedestrian bridge,site amenities,restroom enclosures,
new parking lots and trash receptacles.Two observation decks were
also installed with informational exhibit boards.
Project Completion:Gateway was completed on time in 280 days
Project Location:City of Fort Worth
Contract Amount:$2,087,814.00
Project Delivery Method:CMAR
µ ,
Customer-Centered Approach
y,_
Beard Park
Project Description:
This project was a new 6.5 acre park with a one of a kind playground;nature trails, and integral colored concrete
surrounding the park.A pavilion shelter, prefabricated restroom building and new landscaping and irrigation sys-
tem were also added.This park features an 11,000 sq.ft.custom nature themed playground along with picnic
tables, park benches and custom log seating.The park entry and trail head feature natural stone columns and
arbor entryways.
Project Location:Town of Little Elm
Total Project Cost:$1,538,174.76
Project Delivery Method:CMAR
Project Completion: Beard Park was com-
t feted on time in 180 days.
:
i p
Camp Bowie Sports Complex S
Project Description:
This project was built on 66 acres off of Milan Dr. in Brownwood south of the existing ball fields. It consisted
of 12 new ball fields,covered bleachers and dugout with lighting.We added three new restrooms and conces-
sions building along with 4 covered pavilions and two covered playgrounds that were constructed surround-
ing the fields.
Project Location: City of Brownwood
Contract Amount:$3,427,490.00
Project Completion:This
project was completed
on time in 360 days.
QUALIFICATIONS
& EXPERIENCE
Qualifications and Experience of Key Personnel
Our proposed team members are listed below; together, they comprise over 80 years of
construction experience and have all been involved in the CMAR process before. We feel
their experience will be a vital asset to the City of Fort Worth on the Northwest Community
Park project as they have done in the past.
Mike Gilbert is our proposed superintendent and has recently completed the Henderson
Street Streetscape project, which was a $2.2 million streetscape renovation of the historic
Henderson Steet. This project consisted of existing concrete and asphalt paving segments
along with many beautification elements, including lighting, brick pavers, and landscaping
improvements. Mike Gilbert has over 40 years of civil construction experience, from water
treatment plants to highway superstructures. Our superintendent will have the responsibilities
of providing the on-site daily supervision for the project, which will include scheduling of
subcontractors and suppliers, managing the surveying and layout, planning the daily
activities, ensuring all safety measures are met, and providing quality control for the project
daily. Mike will be dedicated to this project for 100% of his time.
Our project manager, Larry Frazier, has an extensive background in construction
management and has been essential in our preconstruction services in the past. He was most
recently involved in the preconstruction service for both Alliance Park Phase I & II and
Chisholm Trail Phase II. Larry will be a part of the project from the contract inception to the
final closeout, in which his responsibilities will include putting the bid packages together,
scheduling contracts and purchase orders, site meetings, and the overall management of
the Northwest Community Park Project. We estimate he will spend approximately 50% of his
time dedicated to this project. Larry has construction management experience with the City
of Fort Worth on Gateway Park, Chisholm Trail Park Phase I & 11, and Alliance Park Phase I & Il.
Our estimator Travis Bell has conducted budgeting exercises for varying degrees of design
document completion and GMP establishment. He is our estimator for all of our projects,
whether it be budgetary or a competitive proposal. He is extremely thorough and complete
with all of his estimates and will provide budgetary estimates for the remainder of the design
through the GMP, which would constitute about 25%of his time.
Mike Gilbert will also serve as the quality control manager for the project. Mike has been
involved in several projects that Fain has performed and acts as our general superintendent
and quality control manager. He has overseen the preconstruction in several projects along
with all of the constructability reviews and establishments of the GMP. He will be involved for
25%of the
preconstruction phase and approximately 25%of the construction phase of the project.
All of our team members will be available throughout the preconstruction phase as well as
the construction phase to help ensure the success of the project. During the preconstruction
phase, all of our team members will be available as much as is necessary to aid in the
establishment of the GMP, any value engineering that is required, MBE proposal conferences,
design review, and any other needs that may arise during preconstruction.
a. Project Manager- Larry Frazier
b. Project Estimator-Travis Bell
c. Superintendent- Mike Gilbert
Please see attached resumes for Larry Frazier, Mike Gilbert, and Travis Bell in the Appendix
Parks Department
Tonda Rice
Fain Project Manager Fain Estimator
Larry Frazier Travis Bell
Fain Project Superintendent
/ Quality Control
Subcontractors/Suppliers
Value Engineering
Value Engineering reviews are something we are extremely familiar with. Our firm completes
some form of value engineering on every project we do, from large to small. The Frisco
Athletic Center was one project that was considerably over the owner's budget, and we
presented a multitude of options to reduce that budget by over $500,000.00. Our ideas were
not all used; some were accepted, and some were refused, but the net result was a generous
amount of savings to the City of Frisco. For two of the projects we listed in our experience
section, the Chisholm Trail and Switzer Park project both had value engineering exercises
performed on them after the initial budget was established to help reduce the cost impact.
Another example is the Pampa Aquatic Center. We reduced the budget by $42,000.00,
allowing the Aquatic Center to move forward when budget issues threatened to kill the
project. The Brownwood Sports Complex project began as a $6,365,000 project, and through
value engineering, we were able to reduce the overall construction costs to $3,427,000. This
was achieved through product changes, means, and methods and reducing the scope of
the project. All of the original elements of the project were left intact and gave the City of
Brownwood a 12 field baseball complex.
Pre-Construction Services Experience
Fain has participated in numerous projects in the pre-construction phase. We produce and
evaluate budgets for several engineering firms in this area, and we are called upon to create
comparison budgets as well as establish new budgets for projects in various phases of the
design. Sometimes these projects need very preliminary pricing to see if the project is even
feasible, and some need final hard costs to establish budgets before projects are let for
bidding. We have provided this service on an extensive number of projects throughout North
Texas. The key component to pre-construction services is communication. We feel good to
open communication ensures the exchange of information that is vital to providing the cost
analysis, material procurement, and design achievement that is critical to each and every
project. We pride ourselves on keeping all information above board so that all parties
involved are aware at all times in what state the project is in.
PROJECT
APPROACH
Project Approach
Pre-construction Services
Fain is committed to providing clients with a completely transparent approach to the CMAR
process. We believe this approach establishes a true partnership. We feel it is our duty to provide
the City of Fort Worth, as the construction manager, the most cost-effective project and to meet
and/or exceed the quality expectations of the city. Fain has worked with the City of Fort Worth
on several successful projects, and our intent is to provide the city with the same excellent level of
service as before. We like to work in a team environment to ensure the Construction Manager,
the Owner, the Engineer, and the subcontractors have a complete understanding of every step.
Budgetary costing is an element of the pre-construction activity in which Fain would provide cost
estimating services for the design review as needed, which could be done at 75%and 95%of the
design completion process. Each review that is done will be done with a cost estimate, a
proposed schedule for that specific design, as well as recommendations for cost savings and/or
construction sequence enhancements. Cost savings analyses are something our firm has done
countless times. The Camp Bowie Sports Complex, for example, was initially estimated at $6.3
million, but through a strong value engineering process, it was constructed for $4.5 million. The
Pampa Aquatic Center we constructed was originally bid at $4.4 million dollars and was value-
engineered to an amount of$3.7 million. During these processes'we try and put together as many
cost-saving items as we can and then allow the Owner and/or design team to pick and choose
those that are the least critical to the project. Sometimes hard decisions have to be made as to
what might be removed from the project, but there is almost always a way to meet a specific
budget.
The City of Fort Worth, Fain, and Dunaway Associates, We will be conducting the design reviews
so that all parties involved will have input. An avenue of communication must be opened
between Fain and the City of Fort Worth to facilitate the impact of the schedule and construction
costs during the entire design process and not just at the design review steps. During this process
of design review, the team will be focusing on constructability, individual details, and specified
materials. These three elements can drive a project both in cost and schedule. Different materials
and methods of construction can be suggested that could greatly reduce the amount of cost
and time that is associated with the project. For example, a change from 3500 psi concrete to
3000 psi concrete over a mile of the trail could potentially save $5,000, and changing the
alignment of the trail to a less severe slope could eliminate the need for retaining walls and mass
excavation and embankment, and the economic impact could be enormous.
We strive to obtain at least 3 bids for each scope of work with which we will evaluate on the merits
of manpower, price, quality of their work, and commitment to safety. Once we have made our
evaluations of the proposals, we would present these quotations to the City of Fort Worth with the
pros and cons of each. We would then execute subcontracts and purchase orders for each
scope of work. As the scopes of work are distributed, we like to get input from each major
subcontractor with regards to scheduling, logistics, safety, and security. This provides us the
information regarding long lead items, constructability, and phasing we need to construct a
viable schedule. We will conduct these operations during the pre-construction phase as well;
however, at this time, it will be with the selected contractors and suppliers who have provided
the best value to the project. It would be at this time that any value engineering that may be
required is done to help the project overcome any budget deficiencies.
Construction Approach
As the CMAR, we feel it is our responsibility to provide the coordination for all of the parties that
are involved. We will need to provide each subcontractor with sufficient workspace, which will
require planning and coordinating with other trades. We will need to ensure that each
subcontractor is providing the correct materials for the project through the submittal process and
through our quality control checks. Fain will need to provide the owner with as much information
as possible to keep him informed of the progress of the work, both as it refers to the budget and
schedule of the project. We can achieve this through regular meetings and constant
correspondence. Providing both the owner and design engineer with regular scheduling and cost
updates while obtaining their input for individual items of work is essential. An open and honest
approach is how we like to conduct each of our projects, a transparent policy in which the client
is shown all elements of our budget.
Once the construction phase is entered, it will be our responsibility for project supervision, cost
control, and adherence to the schedule, We are proposing our best project team to accomplish
these goals. We will conduct weekly updates to the schedule to pinpoint any shortcomings and
work solutions to resolve the time lost, We will field all budget revision requests from any
subcontractor or supplier and evaluated them on their work to ensure a fair value for the owner
and will subsequently process all change documentation that might be required. We will also
oversee the daily activity operations of the construction and provide quality control. Construction
testing will be provided by a third-party testing agency, but daily installation and aesthetic finishes
will be overseen by our project superintendent. Coordination between all parties involved in the
project is key.
Weekly construction meetings will be held and using the same matrix as we did in the pre-
construction phase, all duties to be accomplished shall be reviewed and allocated, and each
party will be held accountable for their specific duties. For example, a subcontractor might be
held responsible for completing certain tasks according to the schedule, Fain might be
responsible for providing submittals by a certain date, and the design engineer may be
responsible for providing a specific detail for construction.
One skill set that Fain is able to provide is that most of the projects we work on are primarily
comprised of scopes of work that we do with our own forces. This provides us with the ability to
supplement a subcontractor who fails to meet completion deadlines, We have been forced to
do this in the past in which a particular project is behind due to inadequate manpower of a
subcontractor.
To us it boils down to being able to provide a project that we can proudly tell our children and
families that we were involved in. When we can provide the City of Fort Worth with a project that
gives them the same sense of pride and accomplishment, we feel we have completed our task.
QAIQC and Safety Plan
Our established Quality Control and Safety Plans shall be enforced at all times throughout the
project. Our experience modifier rate is at the current level out diligence adherence to our safety
policies. We attribute that to the fact that we never put the completion of any activity before the
safety of the individual. We can always finish an activity later, but we can never make an injury
not occur. We instill in all of our employees the self policy of themselves and the people around
them. Once they take responsibility for themselves, then the superintendent for the project has a
lot less concern for those individuals. Ultimately it is the superintendent's responsibility to enforce
our safety rules on each Jobsite, but we try to instill in each subcontractor and employee to police
themselves. Quality control and assurance will be addressed on a daily basis. All materials testing
will be performed by an outside service, and our superintendent and assistants will conduct the
day to day quality assurance items in compliance with Fain QC program. Should we take care
of the daily occurrences, the last will take care of themselves. Any quality issues will be addressed
at the point of the incident with the appropriate party and resolved either by correction of the
work or replacement of the work. The matter will also be reviewed at our weekly Jobsite meetings
to help ensure the incident does not occur further. Should the matter persist, then further action
will need to be taken against the subcontractor and /or supplier.
The best way for us to ensure a quality project is to start from the beginning of the project. Our
Cedar Springs project was a difficult one in that it was under live traffic in a very upscale
neighborhood. One of the first activities of the project was demolition. During that phase, the
adjacent work was being damaged by the removal of the existing work. This had to be
addressed at that time to ensure that the existing work to remain in place looked just as crisp as
the new work we installed. Addressing this issue at the beginning of the project led to a very
successful project.
The Safari Splash Project that we completed was inhibited by the size of the site. There was very
little room to accommodate the amount of work that had to take place. Subsequently, much
of the underground piping has to be stacked on top of each other. Sanitary sewer lines are
underneath drainage piping that is underneath pool supply and drain lines that are in the same
ditch as the electrical and IT conduits. It is taking an extensive amount of time to review and
ensure that proper pipes are located and tested before any concrete can be placed on top of
it,
Cost Control
We have attached a cost sheet breakdown that was recently used in our GMP delivery for the
Chisholm Trail Park project. It should demonstrate the level of cost breakdown we generally
provide. More or less information can be provided depending on the client, but this is a good
representation of a typical budget.
Costs are always better established as early as possible in the CMAR process. The earlier in design
development, we can obtain accurate costs, the easier it is to modify aspects of the project to
help mitigate if any, cost over-runs. A value engineering exercise is a key component to helping
reduce costs and is something we have done on almost every project. The avenue is left open to
modifying budgets relatively easily once the initial costs have been identified. We would like to
see an initial budget set up as early as we can, given the state of the design documents, which in
this scenario will most likely be at the 30%design review.
Once the GMP is established and accepted by all parties, it will be the basis for the completion
of the project. Should a subcontract change order be initiated by the subcontractor, Fain will
evaluate each proposal and will be rejected should it be found to be unwarranted. The only
legitimate change that will be allowed under the GMP will be those that are initiated by the
owner, those that are additions/deletions, and or drastic changes to the original scope of work.
Unforeseen conditions can also be subject to change as well but will be reviewed on an individual
basis. GMP costs savings can be dealt with in any number of ways. We feel an equitable split of
50%to each party is fair but is, of course, subject to negotiations at the time of the contract.
Schedule Control
The decision-making process is always the most significant individual driver to the adherence to
any schedule. This process is made much easier when all lines of communication are open at all
times. All subcontractors submitting proposals for each scope of work will be required to
demonstrate their ability to commit the manpower, equipment, and supervision to keep the
project on schedule at all times. Bidders who do not demonstrate this ability will be valued less in
the review process. This will ensure that we take advantage of the best subcontractors to
complete the project as scheduled.
Our firm uses a Primavera scheduling program, which is the most prevalent scheduling software
for the construction industry. Fain will update their schedules on a weekly basis and shall report
an updated schedule monthly or sooner if needed to all parties involved in the project. We pride
ourselves on adhering to the schedules we establish and require our subcontractors to abide by
that schedule as well. Our schedules will be discussed at our weekly progress meetings with our
employees and subcontractors to keep our progress updated.
One tool that can provide a way to decrease the project delivery time is to begin scopes of work
early in the CMAR process to ensure timely completion. A component of the North Park project
that could allow for a reduction in the project time is to begin the clearing and grubbing phase
of the project immediately, possibly even before the grading plans are completed by Dunaway
Associates. The field and roadway alignment could be established and clearing completed,This
could allow for the review of the site for potential grade questions and provide for other work to
proceed accordingly. Another avenue of potential time savings could be the combination of
the two phases into one if a preliminary budget could be established to set some initial cost
parameters. This would allow us to capitalize on the use of the grading equipment without the
need for separate mobilizations and should increase our efficiency. Another aspect could also
be beneficial in that our firm also performs earthwork, concrete, and utility work by its own forces,
which may be another benefit to completing the project early and providing quality, economic
scopes of work.
MBE PLAN
MBE Plan
Construction
The Fain Group is dedicated to meeting the MBE goal during the construction phase of the
project. We acknowledge the goal of 11%participation for the project and will strive to meet that
goal. Fain has yet to construct a project for the City of Fort Worth in which it has not met the
participation goal. Below is our plan of action for meeting or exceeding that goal. At this time,
there is not enough of a defined scope of work to provide accurate dollar values and
percentages to project, but our plan of action should ensure that we meet the 11%goal.
1. The most recent list for each subcontracting/supplying scope of work shall be obtained
from the City of Fort Worth MBE office. We have identified the following areas of work
that are potentials for MBE participation for this project;
• Demolition
• Earthwork/Grading
• Asphalt Paving
• Pavement markings
• Concrete Structures
2. Scope of work packages will be written in such a way to provide for the above items
to be bid upon by all the NCTRCA certified bidders.
3. We will strive to put all bid packages out at the same time, but some packages may
be put out earlier, particularly the earthwork and possibly the concrete portion of the
project. Potentially these items could be let as early as June 2021. The remaining items
of work will most likely be advertised upon contract drawing completion,
4. We will strive to have all tier 1 contractors and suppliers but should other potential tiers
be identified; then they will be listed as well.
APPENDIX
-- Larry Frazier
OVERVIEW
EDUCATION As the President of The Fain Group,Larry has over 20 years experience in managing
construction projects. Larry has been responsible for many aspects of construction
EXPERIENCE The Fain Group January 2005-Present
President
Fort Worth,TX
PROJECTS JOB NAME CONTRACT VALUE
2018 First United Methodist Church Campus Imprvmnts $534,497
2017 Fort Worth Zoo Shop Utilities $536,571
Fort Worth Zoo Shop&Warehouse $2,498,228
Fort Worth Zoo Inlets $26,303
2016 Texas Rangers Parking Lot $1,149,520.40
2014-2015 DFWI Connector $533,402.65
FW Zoo Petting Zoo 807,788.00
Chisholm Trail Community Park $3,400,000
Rose Garden Phase 2 $340,611
E■ Tabachin Ribbon Artwork $35,855
FAIN FW Zoo Safari Splash $1,358,347
The Fain Group
Switzer Park $515,056
P.O.Box 750
2013 West Rosedale Bike/Pedestrian Project $3,244,348
FW Urban Village — Berry/Riverside $492,080
PIAl I Irhan Villano - Nonr Fact Circa tSSF,ni 1
Frisco Lakes by Del Webb Amenity Center/Entry $2,272,000
NRH Parks $966,638
Rowlett Downtown Streetscape Improvements $2,061.400
Frisco Lakes by Dell Webb $1,520,000
Little Elm Johnny Broyles Park $300,000
ALS Office Building $1,996,632
2003-2004 Murphy Municipal Center $16,035,000
Werner-Ohio Truck Facility $2,654,669
AUI Headquarters $2,728,114
Addison Athletic Center Expansion $3,932,479
2002 Gendy Street Improvements $2,114,563
Werner Transportation Maintenance Shop $2,345,265
New Office Building for Tarrant Regional Water District $2,712,000
Hardeman County Rest Area $9,269,000
2001 Life Touch Photography Studio $461,034
Werner Transportation New Shop $2,334,428
HEB Junior Highs Schools Renovations $1,500,703
Westmoreland Pump Station $574,343
James Wood Auto Park $7,800,000
2000 Fossill Hill Middle School Track $567,300
Hillside Park Renovations Construction Manager $89,000
HEB Elementary Schools Renovations $2,104,355
Bedford Boys Ranch Gymnasium Renovations $1,621,931
E.-
FAIN Tarrant Appraisal District Office Building $2,734,452
The Fain Group 1999 DFW Air Cargo Infrastructure $704,514
P.O.Box 750
Saddle Hills Park West Phase 1 $1,591,413
Texas Ultra Pure OSA Facility $1,031,184
NWISD Drainage&Site Improvements $1,115,094
Mike Gilbert
y' Project Superintendent
OVERVIEW
Mike has over 27 years of construction experience,five years of carpentry and twenty plus years of
concrete and general construction experience.The primary role of a superintendent is to supervise
the field construction of a project, including its planning, safety, quality and scheduling, in order to
complete the work on time, and to the quality specified.
EXPERIENCE: The Fain Group,Inc. 2018 to Present
Project Superintendent
Fort Worth, Texas
AUI Contractors,L.P 2018 to 1984
Project Superintendent
Fort Worth, TX
Greater Southwest Construction 1981 to 1984
Carpenter Foreman
CONTRACT VAL-
PROJECTS JOB NAME UE
2018 Dallas-Henderson $2,251,681
Dallas Aquatics Centers Ph. II $14,776,735
2018 City of Melissa 100 Acre Sports Facility $8,000,000
2017 Trinity Industries $3,400,000
2012 Mehoopany Wind Farm $10,000,000
2011 Webberville Solar Farm $10,000,000
2010 Dallas Pedestrian Bridge at 1635 $1,600,000
2008 Wolf Ridge Wind Farm $10,000,000
Boswell High School Stadium $4,100,000
Founders Park& Levitt Pavillion $4,300,000
2007 High Lonesome Wind Farm $6,500,000
2006 Barton Chapel Wind Farm Phase II $9,000,000
2005 Barton Chapel Wind Farm Phase 1 $10,000,000
TXDOT Bridges Jack County $2,500,000
NTTA Main Lane Plaza 4 $5,000,000
UPRR Dallas Intermodal Facility $77,000,000
2003 White Rock Lake Bridge $2,400,000
Arlington Center Street& Pedestrian Trail $3,500,000
E 2001 Harderman County Rest Area $9,000,000
FAIN
The Fain Group
P.O.Box 750
Fort Worth,TX 76101
Phone:817-927-4388
Fax:817-927-4389
www.faingp.com
JLTravis Bell
Estimator
OVERVIEW
EDUCATION Travis is a motivated construction superintendent with in-depth knowledge of personnel
Lassen supervision and building essentials. Excellent communication abilities, strong attention to detail,
Civil Engineering and terrific ability to multitask in a high-pressure environment.
EXPERIENCE The Fain Group,Inc. March 2016-Present
Project Superintendent
Holleman Construction Co. April 2015-November 2015
Project Superintendent
Dragt Construction Inc. October 2007-April 2015
Superintendent
First Choice Excavation October 2005 -October 2007
Superintendent
PROJECTS JOB NAME CONTRACT VALUE
2018 Dallas Aquatics Centers Ph.II $14,776,735.00
2017 Dallas Aquatics Centers Ph.1 $20,562,297.00
2016 Transportation Connections for Pedestrians&Bicycles Ph.II $2,138,524.00
2016 Transportation Connections for Pedestrians&Bicycles $1,440,000.00
2015 Kraft Food Plant Remodeling $6,100,000.00
2014 Reece Rd.-Subdivision $2,200,000.00
2012-2014 Wind Wood-Subdivision $4,250,000.00
2011 -2012 Stone Key Estates $550,000.00
2008-2011 Oak Grove Housing Project $6,800,000.00
2005 -2006 Thurston County School Project $850,000.00
2005 City of Olympia Port Up Grade $1,100,000.00
rm.
FAIN
The Fain Group
P.O.Box 750
Fort Worth,TX 76101
Phone:817-927-4388
Fax:817-927-4389
www.faingp.com
THE FAIN GROUP, INC.
Financial Statements
and
Supplementary Information
For the Year Ended
December 31, 2019
i
THE FAIN GROUP,INC.
Table of Contents
Page
Independent Auditor's Report 1 - 2
Financial Statements:
Balance Sheet 3
Statement of Operations 4
Statement of Changes in Stocholder's Equity 5
Statement of Cash Flows 6
Notes to Financial Statements 7 - 17
Supplementary Information:
Independent Auditors' Report on Supplementary Information 18
Schedule of Construction Contracts 19
Schedule of Aged Accounts Receivables 20
Schedule of General and Administrative Expenses 21
McDonald and Simmons, P.C.
Certified Public Accountants
INDEPENDENT AUDITORS' REPORT
To the Shareholder
The Fain Group, Inc.
Lewisville,Texas
We have audited the accompanying financial statements of The Fain Group, Inc., which comprise the
balance sheet as of December 31, 2019, and the related statements of operations, changes in stockholder's
equity and cash flows for the year then ended,and the related notes to the financial statements.
Management's Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in
accordance with accounting principles generally accepted in the United States of America;this includes the
design,implementation,and maintenancc of internal control relevant to the preparation and fair presentation
of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor's Responsibility
Our responsibility is to express an opinion on these financial statements based on our audit. We conducted
our audit in accordance with auditing standards generally accepted in the United States of America.Those
standards require that we plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the
financial statements. The procedures selected depend on the auditor's judgement,including the assessment
of the risks of material misstatement of the financial statements, whether due to fraud or error. In making
those risk assessments, the auditor considers internal controls relevant to the entity's preparation and fair
presentation of the financial statements in order to design audit procedures that are appropriate in the
circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal
control.Accordingly, we express no such opinion.An audit also includes evaluating the appropriateness of
accounting policies used and the reasonableness of significant accounting estimates made by management,
as well as evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our
audit opinion.
Opinion
In our opinion,the financial statements referred to above present fairly,in all material respects,the financial
position of The Fain Group, Inc. as of December 31, 2019, and the results of its operations and its cash
flows for the year then ended in accordance with accounting principles generally accepted in the United
States of America.
8330 Meadow Road,Suite 210•DalIas,Texas 75231 +(214)265-9792 FAX(214)265-1947
1001 Cross Timbers Road,Suite 2030•Flower Mound,Texas 75028
I
I
i
Correction of Error
i
As described in Note 4 to the financial statements,the Company restated retained earnings as of December
31,2018. The restatement was due to improperly recorded deferred income taxes.
i
May 11, 2020
i
8330 Meadow Road,Suite 210•Dallas,Texas 75231 a(214)265-9792 FAX(214)265-1947
1001 Cross Timbers Road,Suite 2030•Flower Mound,Texas 75028
I
i
THE FAIN GROUP,INC.
Balance Sheet
December 31,2019
Assets
Current assets:
Cash and cash equivalents $ 1,115,897
Investments in equity securities,at fair value 2,822,060
Accounts receivable 3,845,912
Costs and estimated earnings in excess of billings 490,632
Other assets 773
Total current assets 8,275,274
Property and equipment:
Machinery and equipment 1,136,808
Vehicles and transportation equipment 475,244
Furniture and fixtures 8,744
1,620,796
Less accumulated depreciation 1,029,859
590,937
Other assets:
Investments 10,167
Total other assets 10,167
$ 8,876,378
Liabilities and Stockholder's Equity
Current liabilities:
Accounts payable $ 1,836,892
Accrued liabilities 40,000
Billings in excess of cost and estimated earnings 302,493
Current maturities of long-term debt 10,047
Total current liabilities 2,189,432
Stockholder's equity:
Common stock,$1 par value, 100,000 shares authorized,
1,000 shares issued and outstanding 1,000
Additional paid in capital 124,000
Retained eanings 7,969,970
8,094,970
Treasury stock(400 shares) 1,408,024
6,686,946
$ 8,876,378
The accompanying notes are an integral part of the financial statements.
-3 -
I
THE FAIN GROUP, INC.
Statement of Operations
For the Year Ended December 31,2019
Income from construction:
Revenue $ 29,559,238
Cost of construction 23,408,328
Gross profit 6,150,910
General and administrative expenses 1,688,393
Income from operations 4,462,517
Other income and(expense):
Gain on sale of property and equipment 58,561
Interest and dividend income 38,352
Miscellaneous income 94,063
Net realized gain on sales of equity securities 5,742
Net unrealized gain on equity securities 605,128
Gain on equity investment 3,451
Interest expense (12,193)
Net income $ 5,255,621
The accompanying notes are an integral part of the financial statements.
-4 -
�
�
r M » e
c 2 f \ $
0 0 7
� $ ? A ?
� e
rn c
%
° \ g
R2 r m m ON
$ ± CD
f % / § ILI
] / /
\
_
Q =
? .
U ' 0 .g U / $ 7 \
\ \ƒ -
t -C) •
/ & * / _ _ {
¢ /
k k ? 3 E CD
§ \ \ s ± a /
� § _
« _ m
k 4-4
§
0 # o \
k %
ƒ
.j
% \ �
\ E %
f § » \ }
f a \ 'w
§
= c
6 5 § @ c w
2 '§
/ /
i
THE FAIN GROUP,INC.
Statement of Cash Flows
For the Year Ended December 31,2019
Cash flows from operating activities:
Net income $ 5,255,621
Adjustments to reconcile net income to
net cash provided by(used in)operating activities:
Depreciation 223,755
Gain on sale of property and equipment (58,561)
Gain on equity investment (3,451)
Net realized gain on sales of equity securities (5,742)
Net unrealized gain on equity securities (605,128)
(Increase) decrease in:
Accounts receivable 3,020,169
Related party receivable 382,456
Other assets (454)
Underbillings 211,641
Prepaid expenses 9,173
Increase(decrease)in:
Accounts payable (2,606,877)
Accrued liabilities (261,072)
Overbillings (2,544,739)
Net cash provided by(used in) operating activities 3,016,791
Cash flows from investing activities:
Proceeds on sale of property and equipment 73,576
Net change to investments (6,716)
Net purchases and sales from equity securities 119,617
Purchases of property and equipment (287,514)
Net cash provided by(used in)investing activities (101,037)
Cash flows from financing activities:
Distributions (3,613,833)
Payments on long-term debt (378,267)
Net cash provided by(used in)financing activities (3,992,100)
Net decrease in cash and cash equivalents (1,076,346)
Cash and cash equivalents,beginning of year 2,192,243
Cash and cash equivalents, end of year $ 1,1 I5,897 11
Schedule of non-cash investing and financing activities and other disclosures:
Cash payments for:
Interest $ 12,193
The accompanying notes are an integral part of the financial statements.
- 6 -
THE FAIN GROUP, INC.
Notes to Financial Statements
December 31, 2019
Note 1 —Summary of significant accounting policies
This summary of significant accounting policies of The Fain Group, Inc. (the Company) is presented to
assist in understanding the Company's financial statements. The Company was organized in the state of
Texas and is a full-service general contractor with expertise in civil construction relating to parks,
streetscapes, and various civil based construction. The company currently serves the state of Texas in
various markets. All of the Company's contracts are fixed price.
Cash and cash equivalents
Cash and cash equivalents include currency on hand, demand deposits, and short-term investments with
original maturities of three months or less. The Company uses financial institutions in which it maintains
cash balances,which at times may exceed federally insured limits. The Company has not experienced any
losses in such accounts and management believes it is not exposed to any significant credit risk on cash.
Accounts Receivable
Accounts receivable, net comprises trade accounts receivable and certain other receivables and amounts
due from related parties, net of an allowance for doubtful accounts. Trade accounts receivable represents
the Company's unconditional right, subject only to the passage of time, to receive consideration arising
from our performance under contracts with customers. Billed contract receivables have been invoiced to
customers based on contracted amounts and are paid within 30 to 90 days.
The majority of the Company's construction contracts include retainage provisions. Retainage represents
amounts withheld from billings by the Company's customers until work is substantially complete(or until
certain milestones are reached, or both) to ensure that the Company satisfies our obligations under the
contract. Because payment of retainage is not subject only to the passage of time(i.e., it is conditioned on
the Company's satisfactory performance),the Company does not include it in accounts receivable as billed
retainage receivable, until the Company has satisfied the Company's obligations and the right to receipt is
subject only to the passage of time.
Billed retainage on contracts with these provisions are typically not paid for three to six months(or longer),
since the general contractor's retainage is typically not released until completion of the entire contract,
which typically extends for several months after completion of the project.
The Company provides for probable uncollectible amounts through a charge to bad debts and a credit to a
valuation allowance.The Company writes off balances that remain outstanding after the Company has used
reasonable collection efforts through a charge to the valuation allowance and a credit to accounts receivable.
The Company considers the aging of the accounts receivable, customer creditworthiness, past transaction
history with the customer,current economic industry trends,and changes in customer payment terms when
determining the allowance and the collectability of specific customer accounts.
Contract assets and liabilities
Billing practices on construction contracts are governed by the contract terms for each project; construction
contracts typically call for monthly billings based upon estimated progress toward completion.Construction
contracts may also base billings on costs incurred, achievement of milestones or pre-agreed schedules
related to the passage of time.
-7-
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31,2019
Note 1 —Summary of significant accounting policies continued
Contract assets and liabilities cont.
Billings on construction contracts do not typically correlate with revenue recognition using the cost-to-cost
input method of recognition over time. This lack of correlation results in contract assets and liabilities.
Contract Assets comprise revenues earned in excess of billing on uncompleted contracts, representing
revenues recognized in excess of amounts billed on incomplete construction and service and maintenance
contracts.
Contract liabilities consist of billing in excess of revenues earned on uncompleted contracts.
Property and equipment
Property and equipment are carried at cost and depreciated using the straight-line method over their
estimated useful lives,ranging from five to seven years. Expenditures for major renewals and betterments
that extend the useful lives of property and equipment are capitalized. Expenditures for maintenance and
repairs are charged to expense as incurred. Depreciation expense for the year ended December 31, 2019 is
$223,755 and is included in general and administrative expenses on the statement of operations.
Revenues from contracts with customers
General Contract Accounting:
Revenues are measured based on the amount of consideration specified in a contract with a customer. The
Company recognizes revenues when and as our performance obligations (i.e.,the Company's obligations
to transfer goods and/or services) are satisfied, which generally occurs with the transfer of control of the
goods or services to the customer.
To determine proper revenue recognition,the Company evaluates whether two or more contracts should be
combined and accounted for as a single contract and whether a combined or single contract should be
accounted for as more than one performance obligation. This evaluation requires significant judgment,and
the decision to combine contracts or separate a combined or single contract into multiple performance
obligations could change the amount of revenue and profit recorded in a given period. Contracts are
considered to contain a single performance obligation if the promise to transfer individual goods or services
is not separately identifiable from other promises in the contracts.
For contracts with multiple performance obligations, the Company allocates the transaction price to each
performance obligation using the Company's best estimate of the standalone selling price of each distinct
good or service in the contract.
The Company provides product warranties, as well as limited workmanship warranties,to the Company's
customers. These warranties are included in the sale, are not sold separately and they do not provide
customers with a service in addition to assurance of compliance with agreed-upon specifications. The
Company does not consider these assurance-type warranties to be separate performance obligations.
-8 -
i
THE FAIN GROUP, INC.
Notes to Financial Statements
December 31, 2019
Note 1 —Summary of significant accounting policies(continued)
Revenues from contracts with customers(cont.)
Contract Estimates:
Due to nature of the Company's performance obligations, the estimation of total revenue and cost at
completion is complex, subject to many variables and requires significant judgement. Management must
make assumptions and estimates regarding labor productivity and availability, the complexity of the work
to be performed, the cost and availability of materials, the performance of subcontractors, and the
availability and timing of funding from the customer, among other variables. As a significant change in
one or more of these estimates could affect the profitability of the Company's contracts, the Company
reviews and updates the Company's contract-related estimates regularly through a review process in which
management reviews the progress and execution of the Company's performance obligations and the
estimated cost at completion. As part of this process, management reviews information including, but not
limited to, any outstanding key contract matters, progress towards completion and the related program
schedule and the related changes in estimates of revenues and costs.
The Company recognizes adjustments in estimated profit on contracts under the cumulative catch-up
method. Under this method, the impact of the adjustment on profit recorded to date is recognized in the
period the adjustment is identified. Revenue and profit in future periods of contract performance is
recognized using the adjusted estimate. If at any time the estimate of contract profitability indicates an
anticipated loss on the contract, the Company recognizes a provision for the entire loss in the period it is
identified.
Variable Consideration:
The nature of the Company's contracts gives rise to several types of variable consideration,including claims
and unpriced change orders; awards and incentive fees; and liquidated damages and penalties. The
Company recognizes revenues for variable consideration when it is probable that a significant reversal in
the amount of cumulative revenue recognized will not occur.
Construction Contracts:
The Company recognizes revenues on construction contracts over time, as the Company satisfies our
performance obligations, due to the continuous transfer of control to the customer. The Company's
construction contracts are generally accounted for as a single performance obligation, since we are
providing a significant service of integrating components into a single project. The Company recognizes
revenues using a cost-based input method,by which the Company uses actual costs incurred relative to total
estimated contract costs to determine, as a percentage, The Company's progress toward contract
completion; the Company applies this percentage to the transaction price to determine the amount of
revenue to recognize. Costs incurred that do not contribute to satisfying the Company's performance
obligations are excluded from our cost input calculation as these amounts are not reflective of our
transferring control to the customer.The Company believes the cost-based input method is the most faithful
depiction of the Company's performance because it directly measures the value of the services transferred
to the customer.
-9-
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31, 2019
Note I —Summary of significant accounting policies continued
Revenues from contracts with customers continued
Construction Contracts(cont.):
If,based on a lack of reliable information,the Company cannot reasonably measure progress,the Company
defers recognition of revenues (but not costs) until we can reliably measure progress. If, however, the
Company expects that the total costs will be recovered, the Company recognizes revenues equal to costs
incurred until the Company can reliably measure progress.
Revenues on uninstalled materials are recognized when control is transferred to the customer,which for the
Company does not necessarily equate to when the cost is incurred. Under limited circumstances (e.g.,
transfer of control occurs significantly before we provide services,the cost of the materials is significant),
the Company recognizes revenue, but no profit, on certain uninstalled third-party materials when the cost
is incurred.
Revenues recognized from construction contracts,net of contract discounts and allowances(including cash
discounts given to customers),are included in construction revenues earned, net.
Other Operating Income:
Other operating income comprises of miscellaneous income and is secondary and incidental to our
operations.
We recognize other operating income as earned.
Costs and expense recognition
Costs and Expenses for Contracts with Customers:
Contract costs include all direct labor, materials, subcontractor, and equipment costs, and those indirect
costs related to contract performance, such as indirect labor,tools and supplies, and repairs. The Company
allocates indirect costs to contracts based on direct labor and subcontractor costs.
For construction, the Company generally recognizes costs as incurred. Certain uninstalled materials, for
which control has not passed to the customer are included in inventories, net. Uninstalled materials are
recognized as costs of revenue when they are installed. Costs of inefficiencies or wasted resources(material
or labor)are excluded when measuring progress are expensed as incurred.
When it is probable that total contract costs will exceed total contract revenues, the Company records a
provision for the estimated expected loss.
Operating Expenses:
The Company recognizes general and administrative expenses as incurred. The Company charges
advertising costs to expense as incurred; advertising expenses are included in general and administrative
expenses.
- 10-
I
I
THE FAIN GROUP, INC.
Notes to Financial Statements
December 31, 2019
Note 1 —_Summary of significant accounting policies(continued)
Estimates
Management uses estimates and assumptions in preparing financial statements in accordance with generally
accepted accounting principles. These estimates and assumptions affect the reported amounts of assets and
liabilities, the disclosure of contingent assets and liabilities, and reported revenues and expenses. Actual
results could vary from the estimates that were used.
Income taxes
The shareholders of the Company have elected to be taxed under Subchapter S of the Internal Revenue
Code under which the income of the Company is reflected in the personal income tax returns of the
stockholders. Accordingly,no provision for federal income taxes is reflected in the financial statements.
Sales Tax
The Company is required to collect,on behalf of certain states,sales tax based on a percentage of qualifying
sales. The Company's policy is to exclude sales taxes from the transaction price of all revenue when
collected,and from expenses when paid. Instead,the Company records the collection and payment of sales
taxes through a liability account.
Equity method investments
Investment in Fain Services, LP and LD Equipment, Inc., is accounted for using the equity method of
accounting. The equity method investment is shown on the company's balance sheet and the company's
share of earnings or losses from this investment is shown on the statement of operations and retained
earnings.
Investment valuation and income reco mg ition
The Company's investments are stated at fair value. Fair value is the price that would be received to sell
an asset or paid to transfer a liability in an orderly transaction between market participants at the
measurement date.
Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on the
accrual basis.
- 11 -
I
i
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31,2019
I
Note 2-FASB ASC 606 New Accounting Guidance Implementation
The Financial Accounting Standards Board (FASB issued new guidance that created Topic 606, Revenue
from Contracts with Customers, in the Accounting Standards Codification (ASC). Topic 606 supersedes
the revenue recognition requirements in FASB ASC 605,Revenue Recognition, and requires the recognition
of revenue when promised goods or services are transferred to customers in an amount that reflects the
consideration to which an entity expects to be entitled in exchange for those goods or services. The new
guidance also added Subtopic 340-40, Other Assets and Deferred Costs Contracts with Customers, to the
ASC to require the deferral of incremental costs of obtaining a contract with a customer. Collectively, The
Company refers to the new Topic 606 and Subtopic 340-40 as the"new guidance."
The Company adopted the requirements of the new guidance as of January 1,2019, utilizing the modified
retrospective method of transition. Adoption of the new guidance resulted in changes to The Company's
accounting policies for revenue and cost recognition,previously described.
The Company had several contracts in progress at December 31, 2018 and these contracts did not include
a variable consideration component. The difference to revenue and cost recognition-related account
balances at January 1, 2019, under the new guidance as opposed to the prior revenue recognition guidance
for these contracts was determined to be immaterial. Accordingly, no adjustment to beginning retained
earnings was necessary.
Note 3 -FASB ASU 2018-17 New Accounting Guidance Implementation
The Financial Accounting Standards Board(FASB)issued new guidance that created Accounting Standards
Update (ASU) No. 2018-17, Targeted Improvements to Related Party Guidance for Variable Interest
Entities (VIE). The standard allows a private company to not consolidate a VIE if they do not have a
controlling interest in the VIE and they have common ownership. The Company elected to early adopt this
ASU effective January 1, 2019. The impact to the Company is to not consolidate, Fain Services, LP and
LD Equipment, Inc.,but to account for them as an equity investment.
Note 4 - FASB ASU 2016-1 Financial Instruments
In January 2019,the Company adopted ASU No.2016-01,"Financial Instruments—Overall(Subtopic 825-
10): Recognition and Measurement of Financial Assets and Financial Liabilities" (ASU 2016-01),which
requires the Company to record changes in the fair value of equity investments,except those accounted for
under the equity method, in net income instead of in accumulated other comprehensive income.
Accumulated other comprehensive income of$319,804,for equity securities classified as available for sale
as of January 1, 2019,was reclassified to retained earnings.
- 12 -
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31,2019
Note 5—Accounts receivable
Accounts receivable consist of the following:
December 31,
2018 2019
Billed
Completed contracts $ 470,655 $ 336,849
Contracts in progress 4,412,777 3,158,234
Retainage 1,982,648 350,829
$ 6,866,080 $ 3,845,912
Management reviews aged accounts receivable and considers the facts and circumstances in order to
develop an estimate for uncollectible accounts and does not feel an allowance for bad debt is necessary at
December 31, 2019.
Note 6—Concentration
Approximately 72% of the Company's accounts receivable is from four customers as of December 31,
2019.
Approximately 64% of the Company's revenue is from 3 customers for and during year ended December
31, 2019.
Approximately 95%of the Company's revenue is from municipalities in the Dallas-Fort Worth area.
Note 7—Line of credit
The Company has a line of credit with a local bank in the amount of$750,000 at prime plus 1.25%. No
amount was due at December 31, 2019. The line is collateralized by all of the assets of the Company, is
guaranteed by the shareholder and expires on July 27,2020.
Note 8—Long-term debt
Long-term debt consists of the following:
Notes payable to a finance company,payable in monthly
installments of$1,256 including interest of 0.00%
through 2020, collateralized by related equipment. $ 10,047
Less current maturities (10,047)
$ 0
i
I
- 13 -
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31, 2019
Note 8—Lon -term debt Cont.
Future maturities of long-term debt as of December 31 are as follows:
2020 $ 10,047
$ 10,047
Note 9—Uncompleted Contracts
Costs,estimated earnings,and billings on uncompleted contracts are summarized as follows:
Costs incurred on uncompleted contracts $ 25,654,334
Estimated earnings 4,231,899
29,886,233
Less billings to date 29,698,094
$ 188,139
Included in the accompanying balance sheet under the following captions:
Costs and estimated earnings in excess of
billings on uncompleted contracts $ 490,632
Billings in excess of costs and estimated earnings
on uncompleted contracts 302,493
$ 188,139
As of December 31, 2018, the balance in costs and estimated earnings in excess of billings on
uncompleted contracts (a contract asset) was $702,273 and the balance in billings in excess of costs
and estimated earnings on uncompleted contracts (a contract liability) was $2,847,232.
Note 10—Backlog
The following schedule shows a reconciliation of backlog representing signed contracts in existence at
December 31, 2019:
Balance, beginning of year $ 26,041,750
New contracts and change orders during the year 32,916,624
58,958,374
Less contract revenues earned during the year 29,559,238
Balance, end of year $ 29,399,136
- 14 -
I
THE FAIN GROUP, INC.
Notes to Financial Statements
December 31,2019
Note 10—Backlo cont.
The Company entered into additional contracts of approximately$16,900,000 from January 1,2020 to May
11, 2020.
Note 1 1 —Related party transactions and commitments
The Company leases a building from a related party under an agreement classified as an operating lease.
Lease expense amounted to$74,000 for the year ended December 31, 2019 and is included in general and
administrative expenses. Future minimum lease commitments under these leases are as follows:
2020 $ 57,600
2021 57,600
2022 57,600
2023 57,600
2024 48,000
$ 278,400
The Company also paid a related party for management and administrative services. During the year ending
December 31, 2019 total payments totaled $1,547,973 and is included in general and administrative
expenses and cost of construction.
Note 12—Fair value measurement
The carrying values of various financial instruments, such as cash and cash equivalents, accounts
receivable, costs and estimated earnings in excess of billings, other assets, accounts payable, accrued
liabilities, and billings in excess of costs and estimated earnings approximate their fair value due to their
short maturity.
The Company applies generally accepted accounting principles (GAAP) for fair value measurements of
financial assets that are recognized or disclosed at fair value in the financial statements on a recurring basis.
GAAP establishes a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure
fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for
identical assets or liabilities (Level I measurements) and the lowest priority to measurements involving
significant unobservable inputs(Level 3 measurements). The three levels of the fair value hierarchy are as
follows:
Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or
liabilities that the Bank has the ability to access at the measurement date.
Level 2 inputs are inputs other than quoted prices included within Level 1 that are
observable for the asset or liability, either directly and indirectly.
Level 3 inputs are unobservable inputs for the asset or liability.
- 15 -
i
THE FAIN GROUP, INC.
Notes to Financial Statements
December 31, 2019
Note 12—Fair value measurement(cont.)
The level in the fair value hierarchy within which a fair measurement in its entirety falls is based on the
lowest level input that is significant to the fair value measurement in its entirety.
The following is a description of the valuation methodologies used for assets measured at fair value.
Common stocks and ETF: Valued at the closing price reported on the active market on
which the individual securities are traded.
Mutual funds: Valued at the daily closing prices as reported by the fund. The mutual funds
held by the Company are open-end mutual funds registered with the U.S. Securities and
Exchange Commission. The funds must publish their daily net asset value and transact at
that price. The mutual funds held by the Company are considered to be actively traded.
The following table presents assets that are measured at fair value on a recurring basis at December 3I,
2019.
Fair value measurement at report date using
Quoted prices Significant
in active other Significant
markets for observable unobservable
identical assets inputs inputs
Equity securities (Level 1) (Level 2) (Level 3) Total
Mutual funds $ 1,646,390 $ 0 $ 0 $ 1,646,390
Common stocks 586,331 0 0 586,331
ETF 589,339 0 0 589,339
$ 2,822,060 $ 0 $ 0 $ 2,822,060
The net unrealized gain(loss)for equity securities as of December 31, 2019 is$1,029,030.
Note 13 —Correction of error
The Company restated retained earnings as of December 31, 2018 due to the following:
Error Tax implication Net effect
Recorded short-term deferred taxes $ 135,356 $ 0 $ 135,356
Recorded long-term deferred taxes 246,655 0 246,655
$ 382,011 $ 0 $ 382,011
- 16 -
THE FAIN GROUP,INC.
Notes to Financial Statements
December 31,2019
Note 14—401 K Profit sharing plan
The Company has adopted a retirement plan covering full-time employees who have met certain
requirements. It provides discretionary contributions by the Company as determined annually by the
officers of the Company.During the year ended December 31,2019 the Company incurred$5,400 of costs
relating to the plan, which is included in cost of construction and general and administrative expenses.
Note 15—Surety bonds
The Company, as conditions for entering into construction contracts, has outstanding surety bonds
approximating $37,000,000. The Company has the bonding capacity of $50,000,000 aggregate
with a $25,000,000 single project limit.
Note 16—Commitments and contingencies
The Company is a party in the normal course of business,to various claims with others,some of which may
ultimately result in litigation. However, in management's opinion, the ultimate resolution of these claims
will not have a material impact on the Company's financial statements.
Note 17—Subsequent events
The Company reviewed its operations and transactions occurring since January 1, 2020 through May 11,
2020, the date of which these financial statements were available to be issued, and did not identify any
subsequent events.
The COVID-19 pandemic has had a significant impact on the economy. The Company evaluated the impact
of COVID-19 and any potential ongoing liability this might create. The Company does not believe the
impact is detrimental to these financial statements.
The United States and global markets have experienced significant declines in value. The impact to the
marketable security value at December 31,2019 cannot be determined.
- 17 -
McDonald and Simmons, P.C.
Certified Public Accountants
INDEPENDENT AUDITORS' REPORT ON SUPPLEMENTARY INFORMATION
To the Shareholder
The Fain Group, Inc.
Fort Worth, Texas
We have audited the financial statements of The Fain Group, Inc. as of and for the year ended December
31, 2019, and our report thereon dated May 11, 2020, which expressed an unmodified opinion on those
financial statements, appears on page 1. Our audit was conducted for the purpose of forming an opinion on
the financial statements as a whole. The Schedule of Construction Contracts, the Schedule of Aged
Accounts Receivable and the Schedule of General and Administrative Expenses are presented for purposes
of additional analysis and is not a required part of the financial statements. Such information is the
responsibility of management and was derived from and relates directly to the underlying accounting and
other records used to prepare the financial statements. The information has been subjected to the auditing
procedures applied in the audit of the financial statements and certain additional procedures, including
comparing and reconciling such information directly to the underlying accounting and other records used
to prepare the financial statements or to the financial statements themselves,and other additional procedures
in accordance with auditing standards generally accepted in the United States of America. In our opinion,
the information is fairly stated in all material respects in relation to the financial statements as a whole.
4k-14W4'z '�;",�-'�d'-�' 1�7—'
May 11,2020
8330 Meadow Road,Suite 210•Dallas,Texas 75231 •(214)265-9792 FAX(214)265-1947
1001 Cross Timbers Road,Suite 2030 0 Flower Mound,Texas 75028
The Fain Group,Inc.
Schedule of Construction Contracts
For the Year Ended December 31,2019
Contract Inception To Date
Contract Revenue Job Gross
Job Description Amount Earned Costs Profit Billings
Completed Contracts
27004 FW Task Order Ph Il $ 235,563 $ 235,563 $ 269,642 $ (34,079) $ 235,563
27006 Dallas Aquatic 21,476,105 21,476,105 19,371,812 2,104,293 21,476,105
27009 FW Zoo Shop Building 2,629,165 2,629,165 2,361,852 267,313 2,629,165
27010 FW Task Order Ph 111 3,611,161 3,611,161 2,214,783 1,396,378 3,611,161
28002 Six Points Urban Village 2,657,125 2,657,125 2,102,263 554,862 2,657,125
28004 TCU Core Building 1,460,215 1,460,215 1,101,300 358,915 1,460,215
28006 FUMC Campus Improvements 534,497 534,497 478,821 55,676 534,497
29004 FW Zoo Palapa 104,085 104,085 73,898 30,187 104,085
29006 Western Avenue 360,022 360,022 280,837 79,185 360,022
29009 Bean Waterline Repair 86,591 86,591 72,363 14,228 86,591
29011 TRWD George Shannon Wetlands 1,790,640 1,790,640 1,257,249 533,392 1,790,640
Small jobs<$25,000 (519,998) (519,998) (545,904) 25,906 (519,998)
34,425,171 34,425,171 29,038,915 5,386,256 34,425,171
Contracts in Progress
27013 Dallas Aquatic Phase lI 15,733,918 15,722,046 13,242,959 2,479,087 15,733,919
28001 Ennis Downtown 8,132,405 7,775,270 6,780,240 995,030 7,884,617
28005 LCCS Field Renovations 1,397,363 14,903 14,715 188 0
28008 Henderson Street 2,251,681 1,414,612 1,188,095 226,517 1,423,019
28009 Six Points Streetscape Ph 11 2,209,428 1,048,396 885,690 162,706 1,025,541
29001 Alliance Park Ph 1 5,000,000 3,776 3,628 148 25,000
29003 FW Zoo Sign 311,481 104,596 87,327 17,269 0
29007 Burleson Quiet Zone 463,980 344,023 274,129 69,894 405,632
29010 Colleyville Plaza 2,822,584 2,682,804 2,466,610 216,194 2,772,837
29013 Center 3,869,168 552,978 525,329 27,649 427,529
29014 Grapevine 8,404,818 133,090 115,896 17,194 0
29015 Nature Center Parking 317,969 8,151 7,201 950 0
29016 Duck Creek Trail 3,018,251 60,277 51,974 8,303 0
29017 Camp El Tesoro 1,130,000 7,688 6,035 1,653 0
29019 Great SW Parkway 4,199,932 337 309 28 0
Small jobs<$25,000 23,391 13,286 4,197 9,089 0
59,285,369 29,886,233 25,654,334 4,231,899 29,698,094
$ 93,710,540 $ 64,311,404 $ 54,693,249 $ 9,618,155 $ 64,123,265
i
For the Year Ended December 3 I,2019 Future Workload(Backlog)
Under Over Revenue Job Gross Backlog Estimated Costs Gross
Billings Billings Earned Costs Profit Remaining 7b Complete Profit
0 $ 0 $ 235,563 $ 269,642 $ (34,079) $ 0 $ 0 $ 0
0 0 655,027 337,289 317,738 0 0 0
0 0 852,246 770,603 81,643 0 0 0
0 0 3,611,161 2,214,783 1,396,378 0 0 0
0 0 1,158,850 739,924 419,926 0 0 0
0 0 13,037 67,854 (54,817) 0 0 0
0 0 488,120 440,303 47,817 0 0 0
0 0 104,085 73,898 30,187 0 0 0
0 0 360,022 280,837 79,185 0 0 0
0 0 86,591 72,363 14,228 0 0 0
0 0 1,790,640 1,257,248 533,392 0 0 0
0 0 (519,998) (545,904) 25,906 0 0 0
0 0 8,835,344 5,978,840 2,856,504 0 0 0
0 (11,873) 10,270,196 8,349,409 1,921,787 11,872 10,000 1,872
0 (109,347) 4,100,898 3,481,461 619,437 357,135 311,431 45,704
14,903 0 9,403 9,215 188 1,382,460 1,365,000 17,460
0 (8,407) 1,383,995 1,162,078 221,917 837,069 703,032 134,037
22,855 0 1,048,396 885,690 162,706 1,160,032 980,000 180,032
0 (21,224) 3,776 3,628 148 4,996,224 4,800,000 196,224
104,596 0 104,596 87,327 17,269 206,885 172,727 34,158
0 (61,609) 344,023 274,129 69,894 119,957 95,586 24,371
0 (90,033) 2,682,804 2,466,610 216,194 139,780 128,516 11,264
125,449 0 552,978 525,329 27,649 3,316,190 3,150,381 165,809
133,090 0 133,090 115,896 17,194 8,271,728 7,203,122 1,068,606
8,151 0 8,151 7,201 950 309,818 273,699 36,119
60,277 0 60,277 51,974 8,303 2,957,974 2,550,523 407,451
7,688 0 7,688 6,035 1,653 1,122,312 881,017 241,295
337 0 337 309 28 4,199,595 3,853,314 346,281
13,286 0 13,286 4,197 9,089 10,105 3,192 6,913
490,632 (302,493) 20,723,894 17,429,488 3,294,406 29,399,136 26,481,540 2,917,596
$ 490,632 $ (302,493) $ 29,559,238 $ 23,408,328 $ 6,150,910 $ 29,399,136 $ 26,481,540 $ 2,917,596
- 19-
THE FAIN GROUP,INC.
Schedule of Aged Accounts Receivable
December 31, 2019
Less than 30 days old $ 500,959
31 - 60 days old 1,021,206
61 - 90 days old 663,026
91 days and older 1,309,892
Retainage on contracts 350,829
$ 3,845,912
I
-20 -
i
I
THE FAIN GROUP INC.
Schedule of General and Administrative Expenses
For the Year Ended December 31,2019
Advertising $ 16,226
Auto expense 47,601
Bank charges 3,391
Computer expenses 11,283
Contributions 415,975
Depreciation expense 223,755
Dues and subscriptions 26,034
Education and training 490
Employment expense 29,083
Insurance 121,992
Investment fees 779
Office expenses 25,427
Plan fees 191
Postage and freight 3,216
Professional fees 23,913
Rent 74,000
Repairs and maintenance 18,756
Salaries - officers 135,200
Salaries - office 502,677
Security 3,483
Shop expense 16,480
Sundry 587
Taxes 114,539
Telephone 20,976
Travel 4,164
Utilities 18,394
Overhead allocation of job cost (170,1 19)
$ 1,689,393
i
- 21 -
ATTACHMENT C
Standard General Conditions for a CMAR Contract
CMAR—CFW Northwest Community Park North Road Improvements Project#102749
Page 13 of 13
STANDARD GENERAL CONDITIONS FOR A CMAR
AGREEMENT
(Revised January, 2021)
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page I of 70
Revised May 2020
STANDARD GENERAL CONDITIONS OF A
CMAR AGREEMENT
TABLE OF
CONTENTS
Page
Article I —Definitions and Terminology..........................................................................................................6
1.01 Defined Terms...............................................................................................................................6
1.02 Terminology.................................................................................................................................13
Article2—Preliminary Matters........................................................................................................................ 14
2.01 Copies of Documents...................................................................................................................14
2.02 Commencement of Contract Time; Notice to Proceed...............................................................14
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 ...........................................................................................18
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 ....................................................................................................22
5.01 Indemni fication................................................................................................................................ 22
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..............................................................................................................28
6.01 Supervision and Superintendence............................................................................................... 28
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 Subcontractors, Suppliers, and Others........................................................................................32
6.08 Wage Rates................................................................................................................................ 33
6.09 Patent Fees and Royalties............................................................................... 35
6.10 Permits and Utilities....................................................................................................................1
6.11 Laws and Regulations.................................................................................................................36
6.12 Taxes ...........................................................................................................................................36
6.13 Use of Site and Other Areas .......................................................................................................36
6.14 Record Documents......................................................................................................................37
6.15 Safety and Protection..................................................................................................................I
6.16 Safety Representative..................................................................................................................38
6.17 Hazard Communication Programs .............................................................................................38
6.18 Emergencies and/or Rectification...............................................................................................39
6.19 Submittals and Samples...........................................................................................................39
6.20 Continuing the Work...................................................................................................................40
6.21 CMAR's General Warranty and Guarantee................................................................................40
6.22 Additional Professional Design Services ..................................................................................41
6.23 Right to Audit..............................................................................................................................42
6.24 Nondiscrimination.......................................................................................................................42
Article7-Other Work at the Site...................................................................................................................42
7.01 Related Work at Site...................................................................................................................42
7.02 Coordination................................................................................................................................43
Article8-City's Responsibilities...................................................................................................................43
8.01 Communications to CMAR.........................................................................................................43
8.02 Furnish Data................................................................................................................................43
8.03 Pay When Due ............................................................................................................................44
8.04 Change Orders....................................................................................................................... ....44
8.05 Inspections, Tests, and Approvals..............................................................................................44
8.06 Limitations on City's Responsibilities .......................................................................................44
8.07 Undisclosed Hazardous Environmental Condition...................................................................44
Article 9-City's Observation Status During Construction...........................................................................44
9.01 City's Project Representative .....................................................................................................44
9.02 Visits to Site................................................................................................................................44
9.03 Authorized Variations in Work..................................................................................................45
9.04 Rejecting Defective Work..........................................................................................................45
9.05 Determinations for Work Performed..........................................................................................45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 70
Revised May 2020
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work...................45
Article 10-Changes in the Work; Claims; Extra Work................................................................................46
10.01 Authorized Changes in the Work...............................................................................................46
10.02 Unauthorized Changes in the Work ...........................................................................................46
10.03 Execution of Change Orders.......................................................................................................46
10.04 Extra Work..................................................................................................................................46
10.05 Notification to Surety.................................................................................................................46
10.06 Contract Claims Process.............................................................................................................47
Article 11 -Cost of the Work; Unit Price Work....................................................................................... 48
11.01 Cost of the Work.........................................................................................................................48
11.02 Unit Price Work........................................................................................................................53
Article 12-CMAR's Fee; Change of GNP; 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
15.03 City May Terminate For Convenience.......................................................................................67
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 4 of 70
Revised May 2020
Article16—Dispute Resolution......................................................................................................................69
Article17—Miscellaneous..............................................................................................................................69
17.01 Giving Notice......................................................................................................................... ...69
17.02 Computation of Times................................................................................................................69
17.03 Cumulative Remedies.................................................................................................................70
17.04 Survival of Obligations...............................................................................................................70
17.0.5 Headings......................................................................................................................................70
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 5 of 70
Revised May 2020
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. BIM 360—City's on-line, electronic document management and collaboration system.
12. 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.
13. Business Equity Ordinance - Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of
the Fort Worth Code of Ordinances, as amended, and any relevant policy or guidance documents.
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. CAI R — 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 party 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 bid documents.
26. Construction Phase Fee— See 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 8 of 70
Revised May 2020
39. Extra Work — Additional work which may be ordered in the form of a Field Order or Change Order
by City. 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.
52. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 9 of 70
Revised May 2020
Time prior to Final Acceptance of the Work.
53. Minority-Owned Business Enterprise (MBE) - means a business entity, including but not limited to a
sole proprietorship, partnership, corporation, limited liability company, association or joint venture
which is at least fifty one percent (51%) owned by one or more Minority Individuals (as defined in
the Business Equity Ordinance), or in the case of a publicly traded business, at least fifty one
percent (51%) of all classes of the stock of which is owned by one or more Minority Individuals;
and whose management, policies, major decisions and daily business operations are independently
managed and controlled by one or more such more Minority Individuals
54. 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.
55. 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.
56. 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.
57. PCBs—Polychlorinated biphenyls.
58. 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.
59. Plans—See definition of Drawings.
60. Pre-Construction Phase Cost—see Agreement, Article 2.
61. Pre-Construction Phase Services—Those services to be provided by CMAR as defined in the RFP.
62. Project—The Work to be performed under the Contract Documents.
63. Project Schedule—A schedule, prepared and maintained by 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.
64. Project Representative—The authorized representative of the City who will be assigned to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
65. Proposal — A Proposer's response to the RFP issued by the City to solicit a CMAR to perform
CMAR services.
66. Proposer—A CMAR Firm which submits a Proposal.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 10 of 70
Revised May 2020
67. Public Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public
participation and to inform the public of the Project.
68. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
69. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru
Friday (excluding legal holidays).
70.Request for Proposals (RFP) — A request by the City issued to qualified CMAR Firms for
Proposals to perform CMAR services for the Project.
71.Retainage —The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR's progress payments
72. Samples—Physical examples of materials, equipment, or workmanship that are representative of
some portion of the Work and which establish the standards by which such portion of the Work will
bejudged.
73. Schedule of' Submittals—A schedule, prepared and maintained by CMAR, of required submittals
and the time requirements to support scheduled performance of related construction activities.
74. Schedule of Values—A schedule prepared and maintained by CMAR, allocating portions of the
Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications
for Payment.
75. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which
the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and
such other lands furnished by City which are designated for the use of CMAR in furtherance of the
Project.
76. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached, may be
incorporated by reference.
77. Subcontractor—An individual or entity, 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.
Where required, Subcontractors, or CMAR when self-performing, shall be pre-qualified by the City
for the Work to be performed.
78. 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.
79. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate
some portion of the Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 11 of 70
Revised May 2020
80. 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.
81. 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.
82. 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.
83. Supplementary Conditions—That part of the Contract Documents which amends or supplements
these General Conditions.
84. 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.
85. 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.
86. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition.
87. Utilization Plan — The CMAR's plan to address the Business Equity Goal when bids or proposals
are sought from trade contractors or subcontractors for performance of all major elements of the
Work.
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. Women-Owned Business Enterprise (WBE) means a business entity, including but not limited to a
sole proprietorship, partnership, corporation, limited liability company, association or joint venture
which is at least fifty-one percent (51%) owned by one or more women, or in the case of a publicly
traded business, at least fifty-one percent (51%) of all classes of the stock of which is owned by one
or more women and whose management, policies, major decisions and daily business operations are
independently managed and controlled by one or more such women.
90. 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.
91. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 12 of 70
Revised May 2020
authorized by the City for contract purposes, in which weather or other conditions not under the
control of the CMAR will permit the performance of the principal unit of work underway for a
continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terins or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 13 of 70
Revised May 2020
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 ofContract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
2.03 Starting the Work
CMAR shall begin compensable performance of the design-phase portion of the Work on the
date when the Contract Time commences to run. No construction-phase Work shall be done at the
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 Starling 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 14 of 70
Revised May 2020
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 or Subcontractor shall not take advantage of any variation of form,
format or style in making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
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
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. CAMR's and Subcontractor's Revieii� 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 15 of 70
Revised May 2020
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 Revieiv of' Contract Documents During Performance of
Work: If, during the performance of the Work, CMAR or 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.
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:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 16 of 70
Revised May 2020
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
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 Bim 360 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 17 of 70
Revised May 2020
Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by
others.
B. Upon reasonable written request, City shall furnish CMAR with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. CMAR shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 18 of 70
Revised May 2020
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then CMAR shall, immediately after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.18.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
CMAR shall be entitled to an adjustment in the GMP or Contract Time if:
1. CMAR did not know of the existence of such conditions at the time CMAR made a final
commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 19 of 70
Revised May 2020
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.
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 CHAR 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 20 of 70
Revised May 2020
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
(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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 21 of 70
Revised May 2020
ARTICLE 5—INDEMNITY,BONDS AND INSURANCE
5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME
LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, 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,
DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM, IN WHOLE OR INPART,ANYAND ALL ALLEGED ACTS OR OMISSIONS OFCITY'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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 22 of 70
Revised May 2020
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 22.53. 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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 23 of 70
Revised May 2020
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
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 oflnsurance
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 24 of 70
Revised May 2020
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 cut-rent Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the CMAR to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the CMAR, 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 25 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 26 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 27 of 70
Revised May 2020
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.
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 CIVLAR. 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 28 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 29 of 70
Revised May 2020
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.
6.06 Subslilules 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 30 of 70
Revised May 2020
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:
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 31 of 70
Revised May 2020
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.
D. Special Guarantee: City may require CMAR to fuunish at CMAR's expense a warranty with
respect to any substitute. CAVIAR 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 Subcontractors, Suppliers, and Others
A. Business Equity Ordinance Compliance: The Business Equity Ordinance (Ordinance No. 24534-
11-2020 as codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as
amended, and any relevant policy or guidance documents) was adopted to ensure the full and
equitable participation of minority business and/or women business enterprises (MBE/WBE)in
City contracts in the procurement of goods and services. If the Contract Documents provide for
an MBE and/or WBE goal, CMAR is required to comply with the City's Business Equity
Ordinance by doing the following:
1. CMAR shall provide complete and accurate information regarding actual work performed by
an MBE and/or WBE on the contract and payment therefor.
2. CMAR's or Subcontractor's failure to make payments as provided by state law shall, in
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 32 of 70
Revised May 2020
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 Equity Ordinance is attained.
3. CMAR will not make additions, deletions, or substitutions of accepted MBE/WBE 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 Equity 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 WBE. 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 Equity Ordinance.
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 finishing any
of the Work shall cominur>icate 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 33 of 70
Revised May 2020
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
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 I Ith
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 34 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 35 of 70
Revised May 2020
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
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.vAndow.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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 36 of 70
Revised May 2020
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 casement 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.
B. Removal of'Dehr•is 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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 37 of 70
Revised May 2020
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,
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 38 of 70
Revised May 2020
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
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 39 of 70
Revised May 2020
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. C'ity's Review:
1. City will provide timely review of Submittals. City's review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve CMAR from responsibility for any variation
from the requirements of the Contract Documents unless CMAR has complied with the
requirements of 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 40 of 70
Revised May 2020
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;
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 41 of 70
Revised May 2020
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.
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,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 42 of 70
Revised May 2020
liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to CMAR prior to starting any such other work.
B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise make its several parts come together
and properly integrate with such other work. CMAR shall not endanger any work of others by
cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or
alter others' work with the written consent of City and the others whose work will be affected.
C. If the proper execution or results of any part of CMAR's Work depends upon work performed by
others under this Article 7, CMAR shall inspect such other work and promptly report to City in
writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report
will constitute an acceptance of such other work as fit and proper for integration with CMAR's
Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8—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,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 43 of 70
Revised May 2020
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 Pro*ect's design or other
information required under the Contract Documents.
B. Provide to CMAR all non-confidential technical data in its possession which it may lawfully
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pay When Due
City shall make payments to CMAR in accordance with Article 14.
8.04 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.05 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.06 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and
Regulations applicable to the performance of the Work. City will not be responsible for
CMAR's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) for the duration of the Project. The duties
and responsibilities and the limitations of authority of City's Project Representative(s) during each
phase of the Work are set forth in the Contract Documents.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 44 of 70
Revised May 2020
stages of the Work as City deems necessary in order to observe the progress that has been made
on the various aspects of the Work. Based on information obtained during such visits and
observations, City's Project Representative will determine, in general, if the Work is proceeding
in accordance with the Contract Documents. City's Project Representative will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. City's Project Representative's efforts will be directed toward providing City a greater
degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.06.
9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and
are compatible with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. These may be accomplished by a Field Order and will be binding on
City and CMAR, who shall perform the Work involved promptly.
9.04 Rejecting Defeetive 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. CMAR shall
review with Citv's Project Representative the preliminary determinations on such matters before
rendering a written final recommendation, generally as part of the GMP.
9.06 Decisions on Requirements of Contract Documents and Acceptahility 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 45 of 70
Revised May 2020
ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
Without invalidating the Agreement and without notice to any surety, City may, at any 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).
10.02 Unauthorised 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
City and CMAR shall execute a Change Order when:
1. Extra Work is of such a substantial nature so as to materially alter the project's scope;
2.there is a resolution of Defective Work(acceptance or City's correction of); or
3. otherwise as negotiated and agreed to by the parties
10.04 Extra Work
A. Should a difference arise as to whether the scope and cost of Extra Work is to be covered by a
Field Order or a Change Order, yet the City insists upon its performance in writing, the CMAR
shall proceed with the work and shall keep accurate account of the actual cost thereof. Contract
Claims regarding Extra Work shall be made pursuant to Paragraph 10.06.
B. The CMAR shall incorporate installation records of all deviations from the original Contract
Documents due to Extra Work to enable the City to have a permanent record of the actual
installation.
C. The compensation agreed upon for Extra Work shall be a full, complete and final accounting for
the costs CMAR incurs as a result or relating to the change, whether said costs are known,
unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay,
general conditions costs or any other effect on changed or unchanged work as a result of the
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 46 of 70
Revised May 2020
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 Parab aph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. written notice stating the general nature of each Contract Claim shall be delivered by the
CMAR to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for CMAR to submit additional or more accurate data in support of
such Contract Claim).
3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the
provisions of Paragraph 12.02.
4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.03.
5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment
claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said
event.
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the CMAR, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 47 of 70
Revised May 2020
submitted in accordance with this Paragraph 10.06.
ARTICLE 11—COST OF THE WORK; UNIT PRICE WORK
11.01 Cost o f'Work
A. Costs Included.- The term Cost of Work means the sum of all costs, except those excluded in
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 11.01.13,
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 48 of 70
Revised May 2020
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
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 49 of 70
Revised May 2020
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:
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 50 of 70
Revised May 2020
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR's written policies for personnel at or below the level of Project
Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
Subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance.
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 51 of 70
Revised May 2020
or nonconforming Work was not caused by the negligence or failure of the CMAR or the
CMAR's employees, including supervisory, administrative or managerial personnel, to
perform in accordance with the Contract Documents or by the failure of the CMAR's
personnel to supervise adequately the Work of the subcontractors or suppliers, and only to
the extent that the cost of repair or correction is not recoverable by the CMAR from
insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities,temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of CMAR's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site
or in CMAR's principal or branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.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 11.01.A.
6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 52 of 70
Revised May 2020
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.01.A.3.
8. Liquidated damages assessed on 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
11.013.1 above.
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 11.01.B.1 above.
C. Documentation: Whenever the Cost of the Work for any purpose is to be deten-nined pursuant to
Paragraphs 11.0l.A and 11.0l.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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 53 of 70
Revised May 2020
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.
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 At 10.
3. 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.
4. 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%.
5. 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.
ARTICLE 12—CMAR'S FEE; CHANGE OF CONTRACT TIME,DELAYS
12.01 CMAR's Fee
The CMAR's Fee shall be those fees and costs as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GMP may only be changed by a Change Order. Field Orders may not change the GMP.
B. The value of any Work covered by a Change Order will be determined as follows:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 54 of 70
Revised May 2020
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
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, the Contract Time may be extended in an
amount up 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/pandemics 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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 55 of 70
Revised May 2020
direct and unavoidable extra cost to the CMAR is caused by the acts of the City or its Engineer
or consultants, separate contractors, including without limitation the failure of the City to
provide information or material, if any, which is to be furnished by the City.
ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice ofDefects
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 56 of 70
Revised May 2020
CMAR's cancellation without cause of City initiated testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by CMAR. City will forward all invoices for retests to CMAR.
4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab
is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such
Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense.
G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at CMAR's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for
observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 57 of 70
Revised May 2020
give rise to any duty on the part of City to exercise this right for the benefit of CMAR, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of'Defective Work
A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an
acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement of work of others). Failure to
require the removal of any defective Work shall not constitute acceptance of such Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for CMAR's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 58 of 70
Revised May 2020
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to CMAR should such
additional warranty coverage be required. CMAR may dispute this requirement by filing a
Contract Claim.
E. 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'Defeclive 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 59 of 70
Revised May 2020
D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14—PAYMENTS TO CMAR AND COMPLETION
14.01 Schedule of'Values
The Schedule of Values will serve as the basis for progress payments and will be incorporated into
an Application for Payment. 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 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 fbr 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 60 of 70
Revised May 2020
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle CMAR to
be paid additionally by City or entitle City to withhold payment to CMAR, or
c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of
the Work.
4. City may refuse to process the whole or any part of any payment due to evidence or the
results of inspections or tests, to such extent as may be necessary to protect City from loss
because:
a. the Work is defective, or the completed Work has been damaged by the CMAR or
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 as per the Texas Prompt Payment Act and pursuant to the
requirements of this Article 14.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 61 of 70
Revised May 2020
2. CMAR shall pay its subcontractors pursuant to the Texas Prompt Payment Act.
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
Prior to Filial 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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 62 of 70
Revised May 2020
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:
a. after subtracting previous payments made; and
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 63 of 70
Revised May 2020
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
available within a reasonable period of time, CMAR may request an extension in Contract Time,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 64 of 70
Revised May 2020
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 Equity 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
failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 65 of 70
Revised May 2020
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.
8. Termination of CMAR for Cause shall nullify any financial incentives which may be
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 66 of 70
Revised May 2020
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
which, if the Agreement had been completed, would have been required to be furnished
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 67 of 70
Revised May 2020
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.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 68 of 70
Revised May 2020
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
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 69 of 70
Revised May 2020
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'Ohligalions
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