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Home My WebLink AboutContract 57293 57293 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 22, 2021 REFERENCE NO.: M&C 21-0426 LOG NAME: 21 FAR SOUTHWEST BRANCH LIBRARY DESIGN & CMAR SUBJECT: (CD 6) Authorize Execution of Amendment 1 to the Architectural Services Agreement with HKS, Inc. in the Amount of $649,504.00 for a Total Contract Amount of $748,455.00, and a Construction Manager at Risk Contract with HM & MF Ltd. dba Muckleroy & Falls in the Amount Not to Exceed $6,987,500.00 for a Total Project Budget of $9,675,000.00, Including an Owner's Construction Contingency Allowance, for the New Southwest Branch Library Located at 8829 McCart Avenue (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of Amendment 1 to the Architectural Services Agreement with HKS, Inc. in the amount of $649,504.00 for a total contract amount of $748,455.00; and 2. Authorize execution of a Construction Manager at Risk Contract with HM & MF Ltd. dba Muckleroy & Falls in the amount not to exceed $6,987,500.00, including an owner's construction contingency allowance, for the new Far Southwest Branch Library located at 8829 McCart Avenue (City Project No. 101658). DISCUSSION: The Far Southwest Library project included in the 2018 Bond Program calls for the land acquisition, design and construction of new library facility in far southwest Fort Worth along with supporting infrastructure and equipment. Based on the budget and scope of work, it was determined that the Construction Manager at Risk (CMAR) would be the best delivery method. Following a request for qualifications process and interviews, staff administratively executed a professional services agreement with HKS, Inc. Once a scope of work and initial budget was defined, a request for qualifications was advertised in the Fort Worth Star-Telegram on December 10, 2020, and December 17, 2020. The City of Fort Worth received ten proposals from CMAR contractors. A selection team composed of inembers of the Library Department, Property Management Department, and the Department of Diversity and Inclusion carefully reviewed these submittals and after scoring and much discussion were able to establish a shortlist of five highly qualified teams. After ranking the proposals and conducting interviews, the selection team determined that Muckleroy & Falls' proposal offered the best value to the City. SCORING MATRIX TABLE: CMAR HM & MF gyrne FPI Ltd dba McGough Core Contractor Construction Builders, Evaluation Muckleroy Services Construction Construction LLC & Falls Proposed 50 48 48 48 48 Fees M/WBE 6.0 7.0 9.0 7.0 5.5 Review Experience & References 15 15 13 12 9 CMAR PROJECTS �� http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28975&print=true&DocType=Print 2/18/2022 Experience & References SIMILAR 15 TYPE PROJECTS Past Work in 10 the City TOTALS 96.0 11 10 91.0 10 7 87.0 The overall project costs are expected to be as described in table below: 12 12 7 I 10 � 86.0 84.5 Far Southwest Library TOTALS Architectural Design Fees (Including Amendment No. 1) $748,455.00 Land Purchase (from Water Department) $207,650.00 Anticipated CMAR Construction Cost (Including Owner's 500.00 Construction Allowance) �6'987' Project Administration Cost (Site Utilities, IT, Security, Project 395.00 Management, Contingency, FFE, Book Collections, Etc.) $1,731, PROJECT TOTAL $9,675,000.00 This project is funded from the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions of the Mayor and City Council. Operating - The Far Southwest Library, which is projected to open in the fall of 2022 (Fiscal Year 2023), will require seven additional authorized positions. The operating costs are estimated to begin in the fourth quarter of Fiscal Year 2022, which will allow time to recruit, hire and train employees to open and operate the library. The estimated cost of the additional employees, supplies and equipment is as follows: Fiscal Year Fiscal Year 2022 2023 $109,942.00 $681,820.00 Building Operating and Maintenance - There are several operating and maintenance costs associated with the new facility. Property Management Department anticipates the annual operating impact for maintenance associated with this project, beginning in the second quarter of Fiscal Year 2023, to be $187,000.00 annually. The Park & Recreation Department anticipates the annual operating impact for grounds maintenance associated with this project, beginning in the second quarter of Fiscal Year 2023, to be $20,951.00 annually. Summary of all costs is as follows: and Maintenance Facilities Maintenance � $43,500. Facilities Services $43,500. Utilities $100,000. Landscape $20,951. http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28975&print=true&DocType=Print 2/18/2022 I Total $207,951.00 Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Business Equity — HKS, INC. is in compliance with the City's BDE Ordinance by committing to 33\% SBE participation on this project. The City's SBE goal on this project is 6\%. Muckleroy & Falls is in compliance with the City's BDE Ordinance by committing to 25\% MBE participation on this CMAR project. The City's MBE goal on this CMAR project is 25\%. The new Far Southwest Library is to be located in COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the Far Southwest Library project to support approval of the above recommendations, execution of the amendment to the agreement and contract. Prior to any expenditure being incurred, the Library and Property Management Departments have the responsibility to validate the availability of funds. Future operating impacts on City funds will be sought as part of the Fiscal Year 2023 operating budget process and, upon approval of the City Council, will be budgeted and included in long-term financial forecasts. FUND IDENTIFIERS (FIDs�: TO Fund Department Account Project ProgramActivity Budget ID ID Year FROM Fund Department Account Project ProgramActivity Budget ID ID � Year Reference # �Amoun Chartfield 2) � Reference�Amoun (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Oriqinatinq Department Head: Additional Information Contact: Dana Burghdoff (8018) Steve Cooke (5134) Brian Glass (8088) ATTACH M ENTS 1. 101658 Far Southwest Library Budqet Summarv.qdf (CFW Internal) 2. 201223 PMD2019-12 HKS Comp Memo.pdf (CFW Internal) 3. 210419 PMD2020-09 Comp Memo.pdf (CFW Internal) 4. 21 FAR SOUTHWEST BRANCH LIBRARY DESIGN & CMAR FID TABLE.xlsx (CFW Internal) 5. 21 FAR SOUTHWEST BRANCH LIBRARY DESIGN & CMAR funds avail.docx (CFW Internal) 6. 21 FAR SOUTHWEST BRANCH LIBRARY DESIGN & CMAR Updated FID TABLE.xlsx (CFW Internal) 7. Form 1295 Certificate Far Southwest Library.pdf (CFW Internal) 8. HKS Form 1295 Certificate.pdf (CFW Internal) 9. New Library Aerial at 8829 McCart.pdf (Public) 10. SAM HKS Inc.pdf (CFW Internal) 11. SAM HM & MF Ltd Mucklerov and Falls.pdf (CFW Internal) http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28975&print=true&DocType=Print 2/18/2022 MAYOR AND COUNCIL COMMUNICATION MAP ;'J O �r ock N4RTH �rli la '.+is q Golf C lu6 nitarness Bl�d 21Far SW Library Construction � �. IuWi��" ° � °o S 4> =` � �� 'm � ❑ .:: t .`3:: c , :,. � t r�a pa ' ,'� �, c �� f �. � . .� . � �% � � �� ! II � __ 0 il0.5 1mi '�1'�^ I r.' r�il�:rn::::i!;I•:�i � $Emlll.ifY r11 :i � N � a � =:��, . :�.�� Ecic�zcliff � . �-� �� Villagz I aY �+a` �s � , T Altama:,� Rl�sd E � I r. Far SW Library 8829 McCart Avenue Sy a Fort Worth, TX 76123 y�can'oreSc7�nn�.lai. `'.y: �: t{ Cof�,,,l,i,s T�{ a d � �� ; � G � s � Mc�r�e `a `s"'r Blvd w � Ever rna n 4'7 En�� =.- t• - � � F. � � - �'�.,�,rfkwv � si,euriRd W� �� +ry � � O V a i731: W M��, ;r �rou•ley Frvi�ia�v: , . _. � ��I � . ��'�- ::rt � ` ' -- — .-- ' 11 18?f�lx f- i.1�in 5t - - - - '— r.' i i�J �e�� Fo r['.';a r [h .Y� � .�ninA� - Council District 6 RT �V RTH R 0 0 0 �.� �, . � ' '"�� ,wi�.,. . .,,� ..... 1 - � fort Worth ' . �. s� � � � A��9 _ ��eo�4 . .». m�m - - — _. N _ � - _ �" � i� �s �xn � P� �*♦ . g� � � � �.. ee�a , �� Copyright 2022 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 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Therefore, the following statement(s) shall be deleted from the fifth paragraph (page 2 of 56) of the "City of Fort Worth, Notice to Offerors, Construction Manager-at-Risk (CMAR), Far Southwest Library": "This project was initiated as a Design Build contract and has been converted to CMAR for contractual reasons. Programming and Schematic Design have been completed. " 2. Since a Pre-Proposal Conference was not held, a Bidder/Attendee list is not available. 3. Documents & information relating to this project shall be accessed (this link actually works) with the following link: https://docs.b360.autodesk.com/shares/77ad7b0a-a28c-44eb-a618-f36835d19d2a fdocs.b360.autodesk.coml Acknowledge the receipt of this Addendum No. 1 on your Proposal. � STEVE COOKE DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: January 7, 2021 Addendum No.1 Page 1 of 1 CFW Construction Contract — CMAR, Library Department — Far SW Library January 2021 CITY OF FORT WORTH NOTICE TO OFFERORS CONSTRUCTION MANAGER-AT-RISK(CMAR) Far Southwest Library Proposals from Construction Manager-at-Risk (CMAR) Offerors for the Fort Worth Library Department's Far Southwest Library to be located at 8829 McCart Ave. in south Fort Worth, Texas, will be received at the Property Management Department, Facilities Division office, 401 W. 13th Street, Fort Worth 76102, until 5:00 P.M. on Thursday, January 14, 2021. A Pre-Proposal Conference will n o t b e held. Please email your questions to Alfonso Meza, Project Manager, at alfonso.meza(a�fortworthtexas.gov. The last day for questions from prospective Offerors is at 5:00 PM on Monday, January 4, 2021. A final Addendum will be posted Wednesday, January 7, 2021. The City will select the CMAR Contractor by using a two-step Request for Proposal (RFP) process. After evaluating the submitted Proposals from the CMAR Offerors, the City will shortlist and may conduct interviews. The City will then select and enter into negotiations with the Best Value Offeror. The City may discuss with the selected Offeror, options for a scope or time modification and any price change associated with such modification. The selected CMAR Contractor will provide Pre-Construction Services including Constructability Reviews, Value Engineering Recommendations and Estimating Services Fees to review during the various phases of the design process. This project was initiated as a Design Build contract and has been converted to CMAR for contractual reasons. Programming and Schematic Design have been completed. Once the construction documents are completed, the selected CMAR Contractor will provide a Guaranteed Maximum Price (GMP) and construction performance period for the work. This GMP will be inclusive of Value Engineering and Estimating Services fees, General Conditions, Construction Manager's Fee, contingency, bonds, insurance, and other agreed upon costs; plus the City's General Contingency Allowance. The total construction cost is anticipated to be approximately $6,250,000.00, refer to the "Project Proposal Form" found in the Instructions to Construction Manager-At-Risk (CMAR) Offerors The City of Fort Worth will negotiate a Pre-Construction Services Contract and later negotiate a Construction Services Contract, based on percentages established in the "Project Proposal Form" with the selected CMAR firm determined to have made the Best Value offer. Refer to the Instructions to Construction Manager-At-Risk (CMAR) Offerors documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this contract. The MBE participation goal is 25% for the estimated construction budget. There is no goal for the Pre-Construction Services. The goal will be applied to the GMP when the GMP agreements are reached. Offerors must submit an anticipated MBE Utilization Plan with their CMAR Proposal submittal. The submitted Plan will be part of the weighted selection criteria. Refer to Instructions to Construction Manager-at-Risk (CMAR) Offerors for additional information. Contact the MW /BE Office at (817) 212- 2674 to obtain a list of certified subcontractors and suppliers. Also, Refer to Section 3. BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION in the Instructions to Construction Manager-at-Risk (CMAR)Offerors. Upon completing the negotiations with the selected CMAR firm, the City will recommend to the City Council to award the CMAR contract to the selected CMAR firm based on the negotiations and the agreed upon estimated construction budget. The CMAR contract will be adjusted based on the agreed upon Guaranteed Maximum Price (GMP) after the design is completed. Far Southwest Library Page 2 of 56 CMAR February 2022 The selected CMAR Contractor will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage once the GMP is agreed upon. CMAR Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General Conditions, Site Plans and other Reference Drawings, and any other related documents through the City's BIM 360 website by cutting and pasting the following link in a web browser: https://docs.b360.autodesk.com/shares/e57e7c33-8978-4463-8f47-461 ec7e41 de4 For questions contact the City Project Manager, Alfonso Meza, at (817) 392-8274 or email Alfonso.Meza(a�fortworthtexas.qov forassistance. Advertisement: December 10,2020 December 17, 2020 Far Southwest Library Page 3 of 56 CMAR February 2022 TABLE OFCONTENTS • TABLE OF CONTENTS • NOTICE TO CONSTRUCTION MANAGER-AT-RISK (CMAR) OFFERORS • INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK (CMAR) OFFERORS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT • CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • FORT WORTH WEATHER TABLE • CMAR CONSTRUCTION CONTRACT • GENERAL CONDITIONS FOR CMAR CONSTRUCTION • PAYMENT BOND • PERFORMANCEBOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN Far Southwest Library Page 4 of 56 CMAR February 2022 INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK (CMAR) OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Proposals (RFP): • Use the Proposal Form provided in this RFP document. • Entries on the Proposal Form may be handwritten ortyped. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or avice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.) • Cashier's check or an acceptable bidder's bond IS NOT REQUIRED for this Request for Proposals. 2. SELECTION OF CMAR CONTRACTOR: The City shall select the Offeror that offers the best value based upon the below criteria and ranking evaluation. In determining the Best Value Offeror, the City will consider: A. Proposed Fees and Expenses (50 Points) - Refer to Project Proposal Form. B. The Statement of MBE commitment (10 Points) C. References and Experience in Executing CMAR Projects and Similar Type Projects (30 Points) - References and experience of the Offeror, Project Manager, and Superintendent as demonstrated by listing recently completed and current, "vertical" facilities, CMAR projects, including references with names, positions, company names, and current telephone numbers; and list of subcontractors. Projects that demonstrate creative applications of "value engineering" with the design team during the design developmenUconstruction drawing phases are preferable. D. Past Work in the City (10 Points) - Points shall be awarded for experience working on similar projects within the city limits of the City of Fort Worth. Contractors with no experience in the City of Fort Worth will receive 5 points. Contractors demonstrating strong experience will receive more than 5 points. Contractors with poor examples may receive less than 5 points. After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Far Southwest Library Page 5 of 56 CMAR February 2022 [c� �1�'�'�'�71�/�:�.9��7��[3�I�t�L'7� ► _ ► a��PLE•'i[�]`� A. The City of Fort Worth implemented the Business Diversity Enterprise Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the City to ensure the full and equitable participation of Minority Business Enterprises (MBEs) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. There is �MBE diverse goal for Pre-Construction Phase Services on this solicitation. The MBE diverse goal is �°(Qfor Construction Phase Services (subcontractors, suppliers, etc.) B. If the Proposer self-performs Construction Phase Services as the general contractor, the MBE goal must be met. No exceptions. C. Proposers must obtain MBE listings from the City of Fort Worth's M/WBE Office at (817) 212- 2674 or email mwbeoffice(c�fortworthtexas.qov. This will ensure that CMAR firms are acknowledging MBEs (which include DBE firms that are minority owned, controlled and daily managed) currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time proposals/bids are submitted, in order for the participation to be counted towards the established diverse goals. The firms must be located in the City's six (6) countv geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. D. At the time the Guaranteed Maximum Price (GMP) is due and submitted to the City, it shall be accompanied by the MBE Utilization Plan to address the diverse MBE goals for use when proposals/bids are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the Plan must provide: • the company name, address, point of contact, email address, office and fax telephone numbers of the MBE subcontractors and suppliers; • a detailed description of the work to be performed by each MBE; • the tier level, i.e., 1St 2na 3�a, etc. (if other than 1St tier, the plan must clearly identify the firm name and tier from whom the MBE firm will be receiving payment); • the sub-contract value or percentage of the GMP construction cost for each phase of work identified for each MBE participant; • state the MBE percentage level of commitment achieved; • the timing of the major elements of the work including approximate advertising dates and • provide the same identification information for all non-MBE participants The Plan must also include an element detailing how the Proposer will communicate with, and report Plan compliance to, the City's Project Manager and the City's MWBE Office during the Project including providing to the MWBE Office Letter(s) of intent, purchase orders and or executed sub-contract agreements after award by the CMAR and prior to the issuance of the notice to proceed of each relevant phase of the Work. E. MBE firms must be certified at the time each of the Work's major elements are bid or proposals submitted, in order for the participation to be counted towards the established goal. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, the City's Ordinance does not allow a Proposer to count itself or its subsidiary-owned companies towards the established goals; the goals represent subcontracting opportunities. G. The participation commitment of the MBE Construction Phase Services will be part of the final weighted selection criteria. Far Southwest Library Page 6 of 56 CMAR February 2022 H. Failure to address the diverse goals and state the MBE commitments shall render the Proposer non-responsive. For additional information contact the MWBE Office at (817) 212-2674. 4. PROPOSAL SECURITY: This is NOT REQUIRED for this Request for Proposals. 5. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000 and when the Guaranteed Maximum Prices (GMPs) are agreed upon, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract attributable to each phase. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted bythe City. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 6. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. CMAR OFFERORS SUBMITTALS: With their Request for Proposal submittal, Offerors are required to submit the following additional information to the Property Management Department, Facilities Division office, 401 W. 13th Street, Fort Worth 76102 in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: Far Southwest Library Page 7 of 56 CMAR February 2022 • Contractor's CMAR Qualification Statement (AIA Form A305 or equivalent form), including client references • List of any Proposed Specialist or Subcontractors required for Pre-Construction Services • Proof of insurability for Statutory Workers Compensation Insurance • Conflict of Interest Affidavit The Offerors Minority Business Enterprise (MBE) Utilization Plan Documentation will be required prior to and evaluated as part of the Interview Phase. Refer to Section 2(Selection of CMAR Contractor) and Section 3(Business Diversity Enterprise) for additional information on these submittals. 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the Request for Proposals Documents, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response tothis request for sealed Proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure ofthe contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in theProposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of the agreed upon Final Guaranteed Maximum Prices (FGMPs) for Phases I and II. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of agreed upon FGMP. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMIT : Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. INSTRUCTIONS TO OFFERORS: Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General Conditions, Drawings, and any other related documents through the City's Buzzsaw website at the following link: https://docs.b360.autodesk.com/shares/e57e7c33-8978-4463-8f47-461 ec7e41 de4 Far Southwest Library Page 8 of 56 CMAR February 2022 16. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum Price (GMP) and at the minimum, include the following: quality control submittals and approvals mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. 18. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to the City. 19. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 20. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of theAgreement. 21. Any oral communications are considered unofficial and non-binding with regard to this proposal. Far Southwest Library Page 9 of 56 CMAR February 2022 � MUCKLEROY � FALLS 3200 Riverfront Drive, Suite 200 Fort Wort�, TX 76107 �'J 817.877.3510 � www.MuckleroyFalls.com BID PRQPDSAL Proposal fram HM &� MF Ltd., dlbla Muckleroy & Falls, A Texas Limited Partn�rship Proposal Far: February 17�h, 2022 Tne City of Fort Worth Attn: Mr. Alfonso Mesa 401 West 13�h Sir�et Fort Worth, TX Fort Worth Far Svuthwest Library The undersigned, having �xamined the sealed construction set from H�CS dated, Dec�mb�r 10�h �OZ1. Thereby proposes the below Lum� Sum bas� bid, in�lusi�� of all labar, materials, services, required in cannectian with ar in�idental to the r.onstru�tion of the outlined work in �onformance with the provided Proje�t �ocuments. Base Bid: Dwner Contingency Allowance: $6,663,887.�0 $ 323,613.U0 Total Contract Am�unt: 5ix Million, Nine Hundred Eighty-5e�en Thousand, Fi�e Hundred Dvl[ars [$6,9$7,50D.QU� Please see attached Estimate Clarificatians with requested Alternates. The Undersigned further agrees ta honor this hid for 30 days after receipt of Bid. HM 8� MF LTO, dlt�la Muckleray & Falls, A Texas Limited Partnership by Muckl�ray � Falls Constructian C�., A Texas C�rp�ration and General Rartner BY: T ylor ale, Pres rtner _ ,: .� 1 .. . - 1 ;I � I ! ,y :.� �i I _ _, . 'I I � :..� �.,J i'� . ... .}, � l; .. �� NW�rnr � Fwr.r� FAR SOUTHWEST LIBRARY CONTRACTOR'S CONTINGENCY 0.00 % $ OVERHEAD & FEE 2.75% $182,41 REMODEL TAX - 8.25 % (YES/NO) NO VALUE ENGINEERING - PER FINAL VE LOG -$218, PAYMENT & PERFORMANCE BOND (YES/NO) YES $67, . . __ .��i„r�i GROSS COST $6,594,360 BUILDERS RISK INSURANCE $9,150 GENERAL LIABILITY INSURANCE $29,675 BUILDING PERMIT(fDLR REVIEW BY OWNER DESIGN SERVICES BY OWNER ERRORS & OMISSIONS INSURANCE BY OWNER TESTING BY OWNER A Project Schedule will be mutually agreed at the time the Guaranteed Maximum Price is developed. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-residenYs principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section6. A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. I_I Non-resident vendors in (give state), are not required to underbid resident bidders. B• �_� Our principal place of business or corporate offices are in the State of Texas. Approved Performance and Pavment Bonds for the faithful performance of this contract will be required upon aqreement of the Guaranteed Maximum Price (GMP). A bidder's bond or cashier's check is NOT REQUIRED with this Request forProposal. Far Southwest Library Page 11 of 56 CMAR February 2022 MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of$50,000) I am aware that I must submit information concerning the Minority Business Enterprise (MBE) Utilization Plan with the submittal of this Proposal in order to be considered RESPONSIVE. I will commit to the City's MBE goals for this project. Respectfu I ly subm itted, By: Address HM & MF. LTD., d/b/a Muckleroy & Falls Company Name HM & MF, �td., dlhla 1711CI[LER�Y & FALLS, a Texas � � - Limited Partnership 6y Muckleroy & Fafls Canstruction �� , Co., a 7exas Carporation and General Partner �, __��• Taylor Hale Printed Name of Principal Title 3200 Riverfront Drive. Suite 200 Street Fort Worth City Phone: 817.877.3510 Fax: 817.877.5650 Emall: thale@muckleroyfalls.com 76107 Zip Receipt is acknowledged of the following addenda: �� — � Addendum Na. �:� Addendum No. 2: Addendum No.3: Addendum No.5: Addendum No.4: Addendum No.6: Far Southwest Library Page 12 of 56 CMAR November 2020 CONFLICT OF INTERESTAFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf �CIQ Form is on file with City Secretary aCIQ Form is being provided to the CitySecretary �CIS Form is on File with CitySecretary �CIS Form is being provided to the CitySecretary BIDDER: HM & MF, LTD., d/b/a Muckleroy & Falls gy; Taylor Hale Cnmpany �Please Print) �—� --- ure: Address 3200 Riverfront Drive, Suite 200 � Fort Worth, TX 76107 President Title: City/State/Zip (Please Print) HM & MF, Ltd., dI61a Ml1CIILERpY & FALLS. a Texas Limited Partnership hy Muckleroy & Fails Construction Ca., a Texas Corporatian and Generai Par[ner Far Southwest Library Page 13 of 56 CMAR November 2020 CONFLICT OF INTERESTQUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity OFFICE USE This questionnaire is being filed in accordance with chapter 176 of the Local ONLY Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. HM & MF, LTD., d/b/a Muckleroy & Falls 2.,�,ck this box if you are filing an update to a previously filed questionnaire. u (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activiry described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete arinaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure ofmoney. N/A 4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Far Southwest Library Page 14 of 56 CMAR November 2020 CONFLICT OF INTERESTQUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C isYES.) This section, item 5 including subparts A, B, C& D, must be completed for each officer with whom the filer has affiliation or business relarionship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the fiiler of the questionnaire receiving or likely to receive taxable income firom or at the direction ofi the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes ❑ No C. Is the filer of this questionnaire affiiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of l 0 percent or more? ❑ Yes ❑ No D. Describe each afifiiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. �� Si��il�ittu�e ��f -Sn�i in� bi�tiiilesti wi111 the go�ernmental entity Hhf & MF, Ltd., dlhla MUCKLEROY & FALLS, a Texas Limited Partnership hy hluekleroy & FaIRs Construetian Co., a Texas Cvrporatien and General Partner Far Southwest Library CMAR 1/14/2021 Date Page 15 of 56 November 2020 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (I nstructions for completing and filing this form are provided on the next page. ) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular OFFICE USEONLY Session. This is the notice to the appropriate local governmental entity that the following local Date Received government officer has become aware of facts that require the officer to file this statement in Name of Local Government Officer N/A Office Held N/A Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code HM & MF, LTD., d/b/a Mucklero & Falls Description of the nature and extent of each employment or other business relationship and each familyrelationship with vendor named in item 3. � List gifts accepted by the local government officer and any family member, if aggregate value of the gifts from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B), Local GovernmentCode. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Far Southwest Library Page 16 of 56 CMAR November 2020 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURESTATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A"local government officer" is defined as a memberofthe governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day afterthe date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local GovernmentCode. An offense underthis section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. Part 1 - INSTRUCTIONSFORCOMPLETINGTHISFORM The following numbers correspond to the numbered boxes on the otherside. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local government officer as defined by Section 176.001(2-a), Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local governmentofficerorfamilymemberofthe officerfrom thevendornamed in item 3 thatintheaggregateexceed$100 invalue. 6. Affidavit. Signature of local government officer. Local Government Code § 176.001(2-a): "Family relationship" means a relationship between a person and another person within the third degree by consanguinity orthe second degree by affinity, as those terms are defined bySubchapter B, Chapter573, GovernmentCode. Part 2- Local Government Code � 176.003(a)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: �** (2) thevendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Far Southwest Library Page 17 of 56 CMAR February 2022 05-339 {6ack) � �.a [Ra�.4.i3+g) I, the purchaser named abv�e, claim an exemption from payment of sales and use taxes (for the purchase of taxa6le items desoribed below or on the attached arder ar invoice] from: SeUer: All Vendors Street address: City, State, ZIP code: ❑eSCription of items to he purchased or on the attaChed order ar i��oice: A!I Etems. Purchaser acknowled4es that this CertEf�cate cannat he used for the p�rchase. lease or renta! of a motor �ehicE� _ •-- Purchaser claims this exemption for the following reaso�: Muni�ipality, Go�emmental Entity I understa�d that I will be liable for payment of alf state and local sales or use taxas which may hecome due for failure to comply with the provisions of the Tax Code andlor all applicahle law. lunderstarrdthafitrsacrimrnala�fensefogiveanexempdoncarfrficatefafhesellerfariaxableifemsihallkr�ow, atfhe t�meafpur�hase, wrflbe ersediRamanneroYherthan thaYexpressedlnthiscerti�icate, ar+d dependingonfheamountoltaxevaded, fheaffensemayrange from a Cfass C mrsdemeanor to a felony of the second degree. Puft�a52r Title Date �} h&�' �� Finance DirectorlCFO S�L�� , �l�J NOTE: This certi�cate cannot he issued for tne purchase, lease, vr renta! vf a motar �ehicle. TF!!S C�RTIFICATFOOES NOTRE4UIREA NUMSER Td 8E VALID. Sa1es and Use Tax "Exemptivn Numbers" or "Tax Exemp!" Numbers do nat exist. This certificate should be furnished tv the s�pplier. Da not send the completed certifieate to the Comptroiler of Public Accounts. Far Southwest Library Page 18 of 56 CMAR February 2022 Texas Sales and Llse Tax Exemption Certificativn This cerfifr�aie does �of reqUrre a number to be vafrd. 2013 PREVAILING WAGE RATES Commercial Construction Projects • • • � � • AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceilinglnstaller $ 16.83 Acoustical Ceiling InstallerHelper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone MasonTrainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 CarpenterHelper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/SawerHelper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form BuilderHelper $ 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 ElectronicTechnician $ 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 LaborerCommon $ 10.89 LaborerSkilled $ 14.15 Lather $ 12.99 Metal BuildingAssembler $ 16.00 Metal Building AssemblerHelper $ 12.00 Metallnstaller(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 PipefitterHelper $ 15.39 Far Southwest Library Page 19 of 56 CMAR February 2022 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 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 SprinklerSysteminstallerHelper $ 14.15 Steel Worker5tructural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamshell, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp Far Southwest Library Page 20 of 56 CMAR February 2022 CITY �F F�RT WORTH YwEATHER TABLE { 1 j Mea� nurnber o� days precipi#a#ion af 0_01 " ar more or � 12" snowfice �2j ,4ueeage norn�al preci�itatian, in inches This tabl� is based on infomtation re�orted irarn Dallas-Fort War#h Inter�a4anaf Afr�art, Texas_ Lati6utle 32 deg 54 min narth, longi#ude 97 deg 42 min west, elevatian {ground} 55i � Aaerage nu r�ber of days of rain, snaw, and iee days are based on r�oord� coaer�ng 21 years. Precipitatian is based an recarded infarmation from 1�96 th€�ugh ��i 6 peria�_ This table is ta be used as a baisis for cal culatian of excess rain ar weather days �a r projects with d�ratian in calendar days_ If the si#e recards i�rdicate tha# the Contractior was unable ta carry aut operatians due �a w�ather, it is cour�ed as a weather �ay. If the n�tm ber of weather days exoeeds ttre rrumber of average eain days plus #he snnw�ce days for �he �ontracl duratian, the cantract wrll be adjusted by Change 4rd�r. �,�w��, w��n�T�� Far Southwest Library CMAR �aa��i�ui7 Page 21 of 56 February 2022 Page 22 of 56 Far Southwest Library CMAR February 2022 CITY OF FORT WORTH, TEXAS CMAR CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This Agreement is made effective as of the date signed by the Assistant City Manager, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City, hereinafter called OWNER, and HM & MF d/b/a Muckleroy & Falls of the City of Fort Worth, County of Tarrant, State of Texas, hereinafter called CONTRACTOR. CONTRACT DOCUMENTS: This Contract, General Conditions, Instructions to Offerors, Far Southwest Library Project Proposal Form and Plans and Specifications to be added by the Architect at a later date are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and conditions of General Conditions, Instructions to Offerors, Far Southwest Library Project Proposal Form and Plans and Specifications and the terms and conditions set forth in the body of this Contract, the terms and conditions of this Contract shall control. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth Far Southwest Library Fort Worth, Texas Project PMD 2020-09 City Project # 101658 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon estimated construction budget amounts shall be a total of not-to-exceed $6,987,500.00. These amounts include the City’s General Contingency Allowance (4.856%) for use by the OWNER only and any Allowance remaining at the end of construction will be retained by the OWNER. INSURANCE REQUIREMENTS: All insurance and bonds will be reauired once the Guaranteed Maximum Price is aareed uaon. The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. c. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of theproject. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: $1,000,000 each occurrence; $2,000,000 aggregate limit. This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protectionfor the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of theContract. Far Southwest Library Page 23 of 56 CMAR February 2022 g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub- contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCEREQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VI I or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000 per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. Far Southwest Library Page 24 of 56 CMAR February 2022 m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Prices (GMPs) for Phases I and II are agreed upon, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract attributable to each phase. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Bovcott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Far Southwest Library Page 25 of 56 CMAR February 2022 Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor’s signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Steve Cooke (Mar 10, 2022 13:29 CST) This Agreement is made effective as of the date signed by the Assistant City Manager below Dana Burghdoff (Mar 23, 2022 18:44 CDT) Dana Burghdoff Jannette S. Goodall (Mar 24, 2022 08:52 CDT) Jannette S. Goodall City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-AT-RISKCONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda and Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment, Change Order or Field Order signed by the Construction Manager at Risk ("CMAR") and the Owner. A-3 WORK. By the term "Work" is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A� EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in four originals, with all required attachments, including required bonds and insurance certificates, by the CMAR and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of delivery to CMAR. Failure to execute contracts and provide all required bonds and insurance will be grounds for revocation of award and taking of Bid Bond. A� FAMILIARITY WITH PROPOSED WORK. Before filing a proposal, the CMAR shall examine carefully the proposal, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a proposal by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A� ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract, the intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the CMAR in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CMAR, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect, CMAR, or any subcontractor or materialman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The CMAR will furnish to City three (3) sets of working Drawings, Three (3) sets of Specifications, and one (1) set in electronic format prior to starting work. CMAR shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not Far Southwest Library Page 27 of 56 CMAR February 2022 specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE In accordance with the policy ("Policy") of the Executive Branch of the federal government, CMAR covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. CMAR further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. CMAR warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allega- tions asserted by third parties or subcontractor against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), CMAR warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of CMAR or any of its subcontractors. CMAR warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. B-2 DUTIES OF THE ARCHITECT. As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of contract between the Architect and the CMAR. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER. The Architect will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the CMAR at all reasonable times. B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the CMAR. Based upon such observations and the CMAR's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts. B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the CMAR, subject to the final decision of the Owner. The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-7 MISCELLANEOUS DUTIES OF ARCHITECT. Shop Drawinqs. The Architect will review Shop Drawings and Samples as provided in Section D. The Architect will provide two copies of each approved Shop Drawing and submittal to the Owner. Chanqe Orders Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner through the Architect in accordance with the provisions of Section L. Far Southwest Library Page 28 of 56 CMAR February 2022 Guarantees. The Architect will receive on behalf of the Owner all written guarantees and related documents required of the CMAR. Upon completion of the project the CMAR shall provide the Architect five copies of each guarantee. The Architect will provide three copies of each guarantee to the Owner. Inspections The Architect will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Operation and Maintenance Manuals The Architect will receive on behalf of the Owner, six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the CMAR. The Architect will provide three copies of this information to the Owner. B-8 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department, or shall appoint a successor Architect against whom the CMAR makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director of the Property Management Department, and members of the Facilities Management Division. Generally speaking a designated representative will be identified from within the Facilities Division to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the CMAR hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the CMAR in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the CMAR. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the CMAR through the Architect. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will approve and authorize the CMAR's applications for payments. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the CMAR to stop the work or any portion thereof, or to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and Architect that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and CMAR. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be prepared and signed by the CMAR, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: CMAR agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the CMAR involving transactions relating to this contract. CMAR further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontracY' as used herein includes purchase orders. CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of copies at the rate published in the Texas Administrative Code. Far Southwest Library Page 29 of 56 CMAR February 2022 SECTION D CONSTRUCTION MANAGER AT RISK (CMAR) D-1 IDENTIFICATION. The Construction Manager at Risk ("CMAR") is the person or organization identified as such in the Contract. The term CMAR means the Contractor or his authorized representative. The term Contractor is synonymous with CMAR in his performance of the construction portion of the Project. The duties of the CMAR are as follows: CMAR shall work with the Architect prior to construction to analyze the ArchitecYs design, including the Plans and Specifications, to ensure the feasibility and constructability of the Project design, and to assist in bringing the estimated construction cost of the Project within the Construction Budget through value engineering, the selection of building systems and materials, cost estimating, scheduling, and other means, without adversely affecting the capacity and quality of the Project; and 2. The CMAR will propose a Guaranteed Maximum Price ("GMP") for the construction of the Project, which is within the Construction Budget, after or during completion of the pre-construction services. 3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of subcontractors and prompt payment to the subcontractors. D-2 INDEPENDENT CONTRACTOR. Contractor shall perform all work and services hereunder as an independent contractor, not as an officer, agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the prior written consent of the Director of Property Management Department of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. CMAR shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION. CMAR shall supervise and direct the Work, using its best skill and attention. It shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, CMAR shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. CMAR will use its reasonable best efforts to hire or contract with local laborers, workmen and materialmen. This general condition is not to be construed as limiting the right of the CMAR to employ laborers, workmen or materialmen from outside local area. CMAR shall at all times enforce strict discipline and good order among its employees, and shall not employ any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. CMAR agrees to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing wage of per diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract. CMAR agrees to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. D-8 WARRANTY. CMAR warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. CMAR is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES, NOTICES AND FEES. CMAR shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are kept active and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits. CMAR shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance with any such laws, ordinances, rules, regulations and orders in any respect, it shall promptly notify the Architect in writing and any necessary changes will be made. If the Contractor performs any work knowing that it is in violation of, or contrary to, any of such Far Southwest Library Page 30 of 56 CMAR February 2022 Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, CMAR will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH ALLOWANCES. CMAR shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. CMAR's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the GMP and not in the allowance. CMAR shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct, but it will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the GMP shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses or savings resulting to the CMAR from any increase or decrease in the original allowance. D-12 SUPERINTENDENT. CMAR shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the CMAR. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the Owner for the acts and omissions of all his employees and all Subcontractors, their agents and employees, and all other persons performing any of the Work under a contract with the CMAR. D-14 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the City shall exceed the contract price or prices set forth in the plans and specifica- tions made a part hereof, the CMAR and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE. CMAR, immediately after execution of the contract, shall prepare and submit for the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the ArchitecYs approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. CMAR shall update the progress schedule monthly and submit to the Architect for approval with the CMAR's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the CMAR to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The CMAR shall review, stamp with its approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the CMAR thereby represents that it has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that it has checked and coordinated each shop drawing given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. Far Southwest Library Page 31 of 56 CMAR February 2022 The ArchitecYs approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any deviation from the requirements of the Contract Documents unless the CMAR has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. ArchitecYs approval of the shop drawings shall not relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE. The CMAR shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by the City Council of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the CMAR. CMAR shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The CMAR shall rebuild, repair, restore and make good at its own expense all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-22 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting, fitting or patching of its Work that may require to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-23 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work it shall remove all its waste materials and rubbish from and about the Project as well as all its tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean", CMAR shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-24 COMMUNICATIONS. As a general rule, the CMAR shall forward all communications to the Owner through the Architect, and in all other instances the CMAR shall furnish the Architect a copy of any communication sent directly to the Owner. SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS. The CMAR shall comply with all requirements of Section 271.118 and Chapter 252, Texas Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall comply with the requirements of Section of 271.118(j), Texas Local Government Code. CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements of work other than General Conditions. To Self-Perform work, the CMAR must submit a bid or proposal in same manner as trade subcontractors and subcontractors. The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the CMAR and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: 1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. require that such Work be performed in accordance with the requirements of the Contract Documents; 3. require submission to the CMAR of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the CMAR (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the CMAR upon the Owner; 5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. obligate each Subcontractor specifically to consent to the provisions of this Section Far Southwest Library Page 32 of 56 CMAR February 2022 All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE) The City will consider the CMAR's performance on other City Projects regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE program, or to demonstrate a"good faith effort", shall result in a bid being considered irresponsible. Upon request, CMAR must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and proof of payment thereof. CMAR further agrees to permit an audit and/or examination of any books, records or files in iYs possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the CMAR will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the CMAR being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to execution of the contract. CMAR shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office. The CMAR may count any tier subcontractors and/or suppliers toward meeting the goals. The CMAR may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified by either the North Central Texas Regional Certification Agency or by Texas Department of Transportation, Highway Division prior to the award of the Contract. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is in excess of 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the CMAR shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the CMAR had represented he would perform with his forces, the CMAR shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the CMAR desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the CMAR in preparing his M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. Other reasons at the discretion of the M/WBE Coordinator Before final payment from the City, the CMAR shall provide the M/WBE Office with documentation to reflect final participation of each M/WBE subcontractor and supplier used on the project. Upon verification by the M/WBE Office that the CMAR has fulfilled iYs the M/WBE goal commitment with bond fide M/WBEs performing commercially useful functions, a recommendation will be made to the Director, Transportation and Public Works that no reduction in fee should be withheld from the final payment. E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work. The CMAR shall also require each Subcontractor to make similar payments to his subcontractors. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault of a particular subcontractor, the CMAR shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The CMAR shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. Far Southwest Library Page 33 of 56 CMAR February 2022 The Architect may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the CMAR on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The CMAR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractor, the CMAR shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the CMAR to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the CMAR cause damage to the work or property of any separate contractor on the site, the CMAR shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the CMAR who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the CMAR shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting, fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The CMAR shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore. F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS AND VENUE. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County, Texas and contracts consents to such jurisdiction. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. CMAR agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. CMAR and any subcontractors are responsible for obtaining construction permits from the governing agencies. CMAR shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees and impact fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: CMAR covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for CMAR's sole negligence. In addition, CMAR covenants and agrees to indemnify, hold harmless and defend, at its Far Southwest Library Page 34 of 56 CMAR February 2022 own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by CMAR, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniury, damaqe or death is caused, in whole or in part, bv the neqliqence or alleqed neqlipence of Owner, its officers, servants, or emplovees. CMAR likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damape is caused in whole or in part bv the neplipence or alleqed nealiqence of Owner, its officers, servants or emplovees. In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment, final payment shall not be made until CMAR either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from CMAR's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a CMAR against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. CMAR shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of $25,000. CMAR agrees, on the execution of the contract to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Chapter 2253, Texas Government Code. Bonds shall be made on the forms furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety Company shall properly execute each bond. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and material in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given to the CMAR to that effect and the CMAR shall immediately provide a new surety satisfactory to the Owner G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies, including the cost of the ArchitecYs additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the CMAR are not sufficient to cover such amount, the CMAR or its surety shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS. The CMAR shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the CMAR has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to Architect. G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the CMAR may be required to perform the work while the existing utility is in service. The existing utility service may be interrupted oniy when approved by the Owner. When it is necessary to interrupt the existing utilities, the CMAR shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a Far Southwest Library Page 35 of 56 CMAR February 2022 minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the CMAR. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the CMAR of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory workmanlike manner at the CMAR's sole expense. The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the CMAR shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the CMAR's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the CMAR shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the CMAR's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines shown on the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacentareas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the CMAR to make certain in the installation of jointed floor, wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the CMAR shall request the Architect to determine the most satisfactory arrangement. The CMAR shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages. CMAR's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the CMAR not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. CMAR shall exercise every reasonable precaution to ensure that hazardous materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the ArchitecYs attention immediately and the relocation determined in a joint conference. The CMAR will be held responsible for the relocating of any items without first obtaining the ArchitecYs approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. Far Southwest Library Page 36 of 56 CMAR February 2022 G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP. The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by employees, its subcontractors or as a result of the work. At completion of work, the CMAR shall, immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by CMAR. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by CMAR in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT. Final Inspection, Record Drawinqs: Attention is called to General Conditions Section �entitled, "Payments and Completion." Maintenance Manual: Sheets shall be 8'/2" x 11", except pull out sheets may be neatly folded to 8'/z'x 11". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: Far Southwest Library Page 37 of 56 CMAR February 2022 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name, type, and color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials. Submit two electronic and 1 hard copy Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction: The CMAR shall provide at its expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial startup. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the CMAR to Architect. Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract. The CMAR shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s) in interest. CMAR agrees to warrant its work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees, the CMAR shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. CMAR further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the CMAR, the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At the CMAR's option, it may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY, STORAGE, HANDLING. CMAR shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. CMAR shall inform the City of any substitutions intended for the project within 5 business days of execution of the contract. Failure to inform the City of substitute projects will obligate the CMAR to provide the specified material. Within 14 days after execution of the contract and upon request of the architect or contractor, the CMAR will submit a full sized sample and/or detailed information as required allowing the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Far Southwest Library Page 38 of 56 CMAR February 2022 SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work. The date of commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by Owner, and no other form of acceptance will be binding upon the Owner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be charged as contract-working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Martin Luther King Day, Independence Day, Labor Day, Thanksgiving Day, the day After Thanksgiving, Christmas Day, and Memorial Day. If Christmas Day or New Year's Day falls on a Saturday, the preceding Friday is a legal holiday. If Christmas Day or New Year's Day falls on a Sunday, the following Monday will be a legal holiday. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. CMAR shall begin the Work on the date of commencement as defined in this Section and carry the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the CMAR's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the CMAR is delayed due to abnormal weather conditions, the Fort Worth Weather Table provided in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-4 WEATHER. The Fort Worth Weather Table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for the contract duration, the contract period will be adjusted by Change Order. H-5 NO DAMAGE FOR DELAY. Notwithstanding anything to the contrary contained herein, the CMAR shall never be entitled to any compensation or damages for delay of any nature. In that regard, the CMAR shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the CMAR is caused by the failure of the Owner to provide information or material. If any, which is to be furnished by the Owner. When such extra compensation is claimed a written statement thereof shall be presented by the CMAR to the Architect and if found to be correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Architect or Owner to stop work, or by the performance of extra work, or by the failure of the Owner to provide material or necessary instructions for carrying on the work, then such delay will entitle the CMAR to an equivalent extension of time, his application for which shall, however, be subject to the approval of the Owner and no such extension of time shall release the CMAR or the surety on its performance bond from all his obligations here under which shall remain in full force until the discharge of the contract. SECTION I PAYMENTS AND COMPLETION I-1 GAURANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price ("GMP") as stated in the Contract Documents is the maximum amount potentially payable by the Owner to the CMAR for the construction of the Work. The Contractor will be reimbursed for the actual cost for the construction including burdens up to the amount of the GMP. He will also be paid a management fee according to the following schedule: a. 20% of fee upon execution of the CMAR Agreement. Far Southwest Library Page 39 of 56 CMAR February 2022 b. 50% of the fee during construction in proportion to the value of work completed. c. Up to 30% of the fee upon acceptance of work and issuance of Certificate of Occupation. The amount of the fee authorized for payment will be in proportion to the percentage of contracted MWBE participation realized during the project. I-2 SCHEDULE OF VALUES. Before the first Applicable for Payment for construction, the CMAR shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total expected construction cost or current GMP whichever is less, divided so as to facilitate payments to Subcontractors, prepared in such form as specified or as the Architect and the CMAR may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the CMAR's Applications for Payment. I-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the CMAR will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse, such payments shall be conditioned upon submission by the CMAR of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. CMAR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated into the Project or not, will pass to the Owner upon the receipt of such payment by the CMAR , free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CMAR or such other person. CMAR shall prepare each application for payment on AIA Document G702, "Application and Certificate for PaymenY', and attached thereto AIA Document G703, "Continuation SheeY', to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-4 CERTIFICATES FOR PAYMENT. If the CMAR has made Application for Payment, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the CMAR, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the ArchitecYs observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the CMAR be paid in the amount certified. In addition, the ArchitecYs approval of final payment assures the Owner that the conditions precedent to the CMAR being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove it within ten days after it has been delivered to the Director of the Property Management Department. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until Substantial Completion. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until Substantial Completion. No Certificate for Payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability and responsibility in respect to any warranties or responsibility for faulty materials or workmanship. CMAR shall promptly remedy any defects in the Work and pay for any damage to other work resulting there from that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. I-5 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the CMAR to make payments properly to Subcontractors, or for labor, materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; Far Southwest Library Page 40 of 56 CMAR February 2022 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the CMAR. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them, without payment of interest. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the CMAR fails to perform the Work in accordance with the specifications or instructions of the Architect. I-6 LIQUIDATED DAMAGES: CMAR and Owner agree that the following Liquidated Damages are reasonable with respectto the damages that Owner will sustain if the Project is not completed within the Contract Time. The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $ 63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,OOOto $500,000 $210 $500,001to $1,000,000 $315 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10,000,000 $980 I-7 FAILURE OF PAYMENT If, without fault on the part of the CMAR, the Architect should fail to issue any Certificate for Payment within seven days after receipt of the CMAR's Application for Payment, if the CMAR's Application for Payment, or if, without fault on the part of the CMAR, the Owner should fail to approve such estimate or to pay to the CMAR 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the CMAR may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment, the CMAR must meet all provisions for Project Closeout. When the CMAR determines that the Work is substantially complete, the City shall inspect the project with the CMAR and the contractor will prepare a"Preliminary Punch LisY'. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the CMAR to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the CMAR for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a"final punch IisY'. The CMAR shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued, the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to 2.5%. Should the CMAR fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time, the contract time will again commence. Should the CMAR fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the CMAR. The CMAR shall submit the following items to the City prior to requesting final payment: 1) CMARs Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) CMAR's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) CMAR's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the CMAR may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. Far Southwest Library Page 41 of 56 CMAR February 2022 The CMAR may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the CMAR except those previously made in writing and still unsettled. The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. I-9 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CMAR shall designate a responsible member of its organization at the site whose duty shall be the prevention of accidents. This person shall be the CMAR's superintendent unless otherwise designated in writing by the CMAR to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the Work and all other persons who may be affected thereby; (2) all the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until final acceptance of the Work, it shall be under the charge and care of the CMAR, who shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. CMAR shall rebuild, repair, restore and make good, at its own expense, all injuries or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance. CMAR shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the CMAR. The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The CMAR shall enforce the wearing of hard hats by CMAR, employees and visitors. CMAR shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, CMAR shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the CMAR on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES. CMAR shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. CMAR shall keep the premise free at all times from accumulation of waste materials or rubbish, refer to D-23. J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the CMAR shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal, the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K - INSURANCE K-1 Insurance Reauired. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Far Southwest Library Page 42 of 56 CMAR February 2022 Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. K-2 Workers' Compensation Insurance: 1) General a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section. b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. CMAR will not permit any subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all such certificates to the Owner (City). c) By signing this contract or providing or causing to be provided a certificate of coverage, the CMAR is representing to the City that all employees of the CMAR who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CMAR to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to declare the contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the CMAR's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the CMAR has undertaken to perform on the project, regardless of whether that person contracted directly with the CMAR and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3) Requirements a) The CMAR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the CMAR providing services of the project, for the duration of the project. b) The CMAR must provide a certificate of coverage to the Architect prior to the execution of the contract. c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project, the CMAR must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The CMAR shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the CMAR, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The CMAR shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the CMAR knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The CMAR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The CMAR shall contractually require each person with whom it contracts to provide services on a project, to: Far Southwest Library Page 43 of 56 CMAR February 2022 i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii) provide to the CMAR , prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the CMAR: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE. CMAR shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, Owner and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the negotiated contract, the CMAR shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the GMP. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. The City must approve different sub-limits for these coverages. Far Southwest Library Page 44 of 56 CMAR February 2022 Consequential damage due to faulty workmanship and/or design performed by the CMAR or his agents shall be covered. Upon completion of the Work, the CMAR shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE. The CMAR shall provide a certificate of insurance documenting the City of Fort Worth as a"Certificate Holder", and noting the specific project(s) covered by the CMAR's insurance as documented on the certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents and/or insurers for the CMAR's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be added as an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by CMAR and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. BesYs Key Rating Guide. At the City's sole discretion, the City may accept a less favorable rate. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require prior written approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. A 10 day notice for failure to pay premium is acceptable. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) CMAR agrees to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the GMP and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by a written Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the CMAR signed by the Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the GMP or the Contract Time. The GMP and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might be multiplied by the allowance for contractual overhead and profit If after the contract has been executed, the Architect, requests a price proposal from the CMAR for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. CMAR is advised that when the cumulative effect of Change Orders results in an increase in GMP by over $25,000, the City Council must approve all such Change Orders that will exceed this limit. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty (30) days. Owner, Far Southwest Library Page 45 of 56 CMAR February 2022 Architect and CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If the CMAR claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any written order for a minor change in the Work, the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the GMP or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the CMAR before proceeding to execute the Work. No such claim shall be valid unless so made. Any change in the GMP or Contract Time resulting from such claim, if approved by the Owner, shall be authorized by Change Order. L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the GMP or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the CMAR. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in GMP or Contract Time. The CMAR shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be uncovered for observation and replaced, at the CMAR's expense. If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work is found to be in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work is found not to be in accordance with the Plans and Specifications, the CMAR shall pay such costs unless it be found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the Owner or Architect as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The CMAR shall bear all costs of correcting such rejected Work, including the cost of the ArchitecYs additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the CMAR shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary, and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The CMAR shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the CMAR does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the CMAR. If the CMA does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the CMAR including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change Order shall be issued. If the payments then or thereafter due the CMAR are not sufficient to cover such amount, the CMAR shall pay the difference to the Owner. If the CMAR fails to correct such defective or non-conforming work, the Owner may correct it in accordance with Section G. The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the final payment to the CMAR, or, if the amount is determined after final payment, the CMAR shall pay Owner the amount of the appropriate reduction. Far Southwest Library Page 46 of 56 CMAR February 2022 SECTION N TERMINATION OF THECONTRACT N-1 TERMINATION BY THE CMAR. If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the CMAR, or if the work should be stopped for a period of 30 days by the CMAR for the Owner's failure to make payment thereon as provided in Section I, then the CMAR may after the end of such period of 30 days and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract. N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the CMAR refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the CMAR and his surety, if any, seven (7) days' written notice, terminate the contract and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CMAR and may finish the work by whatever method he may deem expedient. In such case the CMAR shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the ArchitecYs additional services, exceed the unpaid balance of the Contract, the CMAR shall pay the difference to the Owner. Owner may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the CMAR a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the CMAR shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, Owner will pay the CMAR a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocated to the work not completed and further reduced by the amount of payments, if, any otherwise made. CMAR shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION O SIGNS The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the GMP. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The CMAR shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the CMAR as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHEDS. The CMAR is not required to provide a temporary field office or telephone for projects under $1,000,000. CMAR shall equip the Project Superintendent with a cellphone and provide 24-hour contacts to the City. The CMAR shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a price in excess of $1,000,000.00, the CMAR shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a Far Southwest Library Page 47 of 56 CMAR February 2022 heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, CMAR shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk, four chairs, plan rack and a four-drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. CMAR shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed. P-5 TOILET FACILITIES. CMAR shall provide proper sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-6 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during the construction. CMAR shall provide and install temporary utility meters during the contract construction period. These meters will be read and the CMAR will be billed on this actual use. The CMAR shall provide all labor and materials required to tap into the utilities. The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the CMAR. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Liqhtinq. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-7 HEATING. Heating devices required under this paragraph shall not be electric. CMAR shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the CMAR shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-8 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION CMAR shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. CMAR shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. CMAR shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. CMAR shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night CMAR shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. Far Southwest Library Page 48 of 56 CMAR February 2022 P-9 PROJECT BULLETIN BOARD. CMAR shall furnish, install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the CMAR and shall be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the CMAR, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. A. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). B. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE AND JURISDICTION Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in the state courts of Tarrant County, Texas. END OF GENERAL CONDITIONS Far Southwest Library Page 49 of 56 CMAR February 2022 Bond # 23Z91$9 PAYINENT S£1ND THE STATE �F I'EXAS § § ICNUW ALL SY THESE PRESENTS: COUNTY DF TAIiR.ANT § That we. �M S MF, Ltd dba Muckleroy � Falls ,�� $s "Principal" herein, and , North American Specialty Insurarsce Company , a carparate su�-ety [sureries}, duly au#horized to da business in the State of Texas, known as "Surety" herein {whether one or more}, are held and firmly baund w�to the City of Fort Wnrth, a xxiunicipal corporation created pursuant ta the laws of the 5tate af Texas, knawn as "City" herein, in the pezia2 sum of, � MiltSnn ItilincF Rundred T',�ghty-Sey,�n Thousand x'ive Hvndred F3a lars and .ero Cents .987,50D.Ofl7, lawfu[ znoney af ti�►e United States, to be paid in Fart Worth, Tanant Caunty, Texas, for tt►e payment of whz�h sum well and tzuly be made, we bind ourseIves, our heirs, executors, administrators, successars and assigns, jointly and se�erally, f�nly hy these presents: WHEREAS, Principal has entered into a �ert�in written Con#xact with City, awarded the 22°a day of .iune, 2D2I, whi�h Contract is hereby referred to and xnade a part hereof for all purposes as if fiilly set forth herein, to furnish alI snaterials, equipment, labar and ather accessories as defined by law, in the prosecution of the Work as pra�ided %r in said Contract and designated as �C`MAR fnr the Far fioLthwcsf �.ihrar�+'n F�ort Worth. Texa�(Pr�j�s�Mil2Q�0-09�� Pr{�1cct# 1d1�5$. NUW, THEREFORE, THE CdNDITION OF THIS OBLIGATI�N is sn�h that if Princigal sha�l pay all monies owing to any (and ati} payment band 6eneficiary (as defined in Chapter 2253 of the Texas Gavemment Code, as aenended} in the prasecntion of the Work under tlze Contract, then this abligation shall be ar�d he�ome nu�l and �vid; otherwise to r�main in full force and effcct. T}xis band is made and executed in compliance with the pra�isions af Chapter 2253 of the Texas Government Code, as amended, and all 1ia�ilities on this bond shall be detcrmined ia a�cardance wiih the pra�+isions of said statute. [:� L1'ZT:�'1sSS li'lll�:l�f?()F�, ihc Princi�}.�I iS1ZC� SUl'Ctj� �l�1VC: �ac;lt SIG�!L•:L7 a�td 5�;�1I�1;!) tl�is iz�strtim�t�t by duly ��uthc�ri��..:c] a��L'il[5 Zild t1I�iCCi'S l�ll 1�1I5 1�1C �2�d cl�sy of' February , 2022. !'�tl��iP�li_: A"I'"t' � :S'f': ' � (E't�in�i�r3[} Sccrctaiy i�f � � �� ' f +� �� ._ -- .. Wiinc:s5 .3s ic� Prin�ipal tl�[`I�� :`�"I�: HM & MF, l�td di�a Mu�klerov & Falls EiY: , Sit�n ' ' r !�. . N��mc an�i'1'itic Aci�iress: 320p Ri�erfrorrt Dr., 5uite 2U� Fort W�rth, 7}C 76107 S 11 [Z � :"1'Y: iVorth AmerE�an Specia�ty fnsurance Cvmpany 13Y: �� _�_• �� :--- - `ti __ �` i''`' �`. 5igi7atur� ^ �_'_ - _ � —� . ' ./ f r's [5urcty] St�:rctaiy Qebra Lec Mvon, Attorney-in-Fact �iiS�1C 'r.3IlC� � l��i; r�tldress: '��OD Main St. Suite 80Q I{a nsas City, MO 649 D5 � �— i � —�..�--- �Vitntss ,�ti tn Surs;l�� l�clrphni�� `vumt�cz': _.[816} 235-37�D-- *Nptc: 11'si�nc�i by <m c�lTii�r c�f� lhc 5lircty, lt�rrr �ut:s1 hc on filc � ccrliEi�d rx�ra�l f�om flic byla�+�x tih�»vin��liat this ��cru�rl li�js autht�niy tc� si��ri such s�hli�ation. II' Sur�iy'y p}iysiial :rci�irrs� i, di��r�nr Irc�iii iis maiiin�; ,id�iress, huth mu;l hr p�rc�.�iclr�f. '1'!�� cl�il� c��'Ih� hc}�id st�ali nul E�� ri�}r lca ltt� iia�c 1�� t�cinlr:;�t i� a�ti;:rdcsl. Eond #� 2329189 PERFURMANCE BONfl THE STAT� OF TEXAS § § KNUW ALL gY THESE PRESENTS: COUNTY UF TARRANT § ThaE we HM & MF l.td d�a Mucklero & Falls ��y�,� � "PrincipaI" hercin and_North Amertcan 5pecialty Insurancg Company ` � a �arporate surety (sureties, if more than one} duly authorized ta do business in the 5tat� of Texas, known as "Surety" Yzerein {whether one or maro}, are held and iumly bound urato the City of Fort Worth, a municipat corporation �reated pursuant to the iaws af Texas, lrnown as "City" he�rein, in the penal sum af, (,�{.9$T.540.[i�l, Iawful money oF the Llnited States, to be paid in Fart Worth, Tarrant County, Texas for the payment of which sum weIl and truly to be made, wc bind aursel�es, our heirs, executors, administratars, succcssors and assigns, jointly and se�eraily, iu�mly by thesc presents. WHEREAS, the Principa� has entered into a ceRain written cantract with the City awarded the 22nd day of dune, x4z1, which Contract is hereby referx-ed to and made a part �Sereof for al� purposes as if fully set forth herein, to fiunish al! materials, equipment labor and ather accessories defned hy law, an the pmsecution of thc Work, inciuding any C�ange Qrders, as provided for in said Con�aat �esignated as �� Q�]�y�ra�ect # l ] 65R, NUW, THEREFORE, thc �ondition af this �btigation is su�h that if the said Frincipal shalI faitt�fuily per%rm it obligations undcr the Contract and shall in all respects duly and faithfully gerFortx�, the Work, in�luding Change �rders, under the Conlract, accarding to th❑ plans, speeif�at�nns, and cantract documents thcrein referre� to, and as welI during any period vf extension of the Contra�t that may be granted nn thc part of the City, then this ahligation shall be ar�d bccomc nuZl and �oid, otherwise to remain in full for�e and effe�t. PRQVIDE� �'URTHER, that if any �egal action be filed on this gond, �enue shall lie in Tarrant CaunEy, Texas ar the [lnitcd 5tates 17istrict Court for the Narthern District oF Texas, Fort W4rth Di�ision. 1'his bond is made and cxecuted in �ompl9ance with the prarrisians of Chapter Z253 of the Texas Ga�ernment Codc, as amended, and all iiabilities vn this band s}�ali be dcicrmined in accordancc with the pruvisians af said statue. I\ 1�'I"['\1?S5 11'li�•:I�1�:OI�, tf�c I'rit�c:iPal �intI th� 5urc�y ha�•c 5lCi\l:i) anci SF:A[.f:i� this instriimcnt by duly,3uthc��i�rci a�rnts ancl i�f�fic'CZ's on this tltc22n�day [�f' February ,�1}2Z. ATT[:5'I : �� {1'rinc • clary �� `��j�'..��r— �1'ilncss as ti� 3'rincifrsl P��\C[I':�1.� HM & M�, Ltd dria Muckleroy � Falls ki1': 5i I�r� I� - _��.��IT N�jmc ��r,d'l'it]r Ad�iress; 32Qa RiverFrant Dr., 5uitc 2D0 ..Fvrt Wprth, TJL 761U7 . Sl1Rf:'1'�': .No.rfh_American_Speciafty_lnsu[ance Gompany 13�'� _ �� .ti�— _ ��'� � ___.__ ,-�: Si =,ztat 1Frc �'_' � C L�. � �� 1Viiizcss u5 lu Sur�tv Debra Lee Moan, Attorncy=in-Fact �faizl� :intl'I�iElc Rddmss: i20Q Main St. Suitc 84Q Kansas City,_M� s41Q5 '1'cl�plitinc Nurtil�cr: �816� �35-37a0 *\uEc: !f si��nccl i�y an t�f'fic�r ul�tli� Sur�iy C.'o��rtriy, [ficrc mu�t l>e ❑n fifr a�crlilir�l cxirciit lrs�m l}ie E�v-I:nt�s slin��in� ltlal lliis p�rscin h.is ,sulftc�ril�• ln si�,n su�lt obli�ati�n. 1(� 5urcty's physieal ad�r�tis is clill�r�nt tfI]I11 3lS mailir�� adcJress, husfi musc 1�r ��rn. itl�d. '1'hr datc ��f�lh� bund shall not bc pnor lc� thr d:uc l}ir ('cmlracl is ;�ir,n�icil. SWISS RE CQRPORATE S�LUTIQAIS NORTH AMERICAIV SPECIALTY INSURANCE COMPANY WASHINGTON INT�RNATI�NAL INSURANCE COMPANY WESTPDR�' 1NSURANCE CORPORATi4N GE1�I�RAL ppWER OF ATT�RNEY KNQW ALL MEN $Y'F'HES� PRCSiNTS, THAT i�lorth American $gecia[ty Insurance Campany, a cvrporaEion duly organizcd and exisiing under laws aF[he State afNew Hampshirc, and ha�ing its principal u�cc in thc Cily ofKansas City, Missouri and Washingtvn tniemationa[ insuran�e Company a carporstion organizcd and cxisling undcr the laws oT �he 5tate vf Ncw Hampshirc and ha�ing its principa! nfficc in the Ciry af ICansas Ci[y, Missouri and Westport Ir�surance Corpvration, nr�ani�ed r,u�dcr thc laws vf thc Statc af Missouri, and ha�ing its principal office in the Ciry of Kansas Cily, �vIissauri, each dves hereby make ronstitu3e and appoint: lOiiN W1L[,3AM N£Wi3Y, TROY RU55ELL KEY, B�II[tA LEE MO�IY, ANI]REA RQSE CEtAWFORI], SAHDRA LEE R01�[EY, SUGANNE ELIZABETH tJiE�ZWIEOZ, CI [ER] LYNi+I [RBY, IOSHIIA A. TRiTT AKD COLfN E CQ�[.Y 10Si+lTL.Y �R SEVF�tALLY its true and IawFul Attomey(s)-in-Faat, to makc, �xccutc, scal and dc�iver, fnr and pn its behalf and as its act and dccd, honds ar o�her u+ritings ohligatory in the nature of a bond an heha�f oFeach oisaid Companics, as surcly, on contracts ofsuretyship as are or may 6e required ar permitted by iaw, regu[ation, coniract ar othcrwisc, pro�ided Ihat no 6ond ar undcrtaking or contra�t or surctyship excculcd upder this sulhority sha2f excccd the amoun[ af: �yyQ �p�D MILLIQN [$200,OQQ,OOO.Of]) DQLLARS This Power af At;orncy is granted and is signed hy facsimile under and by the authvrity of thc fallowing Resvlutions adopted by the 8oards of Directors of iVonh American 5pecialty Insurance Company and Washington Inlcrnativnal lnsurance Com�any at meetings du[y ealicd and held on March Z4, 2Q�fl and Wcstpnri Insurance Corporation by written conser�[ of its Exc�utivc Committce da�ed 7uiy 18, 2U1 1. "RLSpLVE�, tha[ any twv 4f thc Presidcnt, arfy 5cnior Vicc Presidcnl, any Vicc presidcnl, any Assistanl Vica Pmssdcn[, thc 5ccrctary or any Assistsnt Scoretary bc, and each or any otthern here6y is au�horiTcd to excculc a Powcr af Attorncy qualifying Ehe stlomey named in thc gi�en Pnwer viAttomey to execute on hehalf oFthc Campany bonds, undcrtakings and all sontraets af surely, and that each or any af thcm hereby is sutharixcd to attcs[ lo thc cxc�ution aCaroy such Pawcr af Atlorncy and !a attach thcrcin thc scal oFthc Campany; and it is F{JRTHEIt RGSQLVC�, lhat lhe signaturc vf such aFficcrs and the scal aFtl�e Company may bc affixed to any su�h Pawcr of Atlorn�y or to any ccriificale rclating thereiv by fa�simile, and any such Pawer af Attorncy or certi[icate bcaring such facsimile signatu�+es or facsimile sea� shall 6c binding upan �hc Company whcn sv affixcd and in the futvre wi[h regard tv any 6ond, undertaking or contract of surcEy tv whi�h it is atla�hed." ��-!`p�,1oN,� Sy �� 4�= G�RP�R'T��G ��nro P. Andersoa, Secior Y1 preside¢e of Washiapon [nkm�tioaal lnsur.oer Comp�ar 1 �r 5�� °-P:� & $e�or Yicr Pwidrut ell4enh Amrriran �prdahy [nsunaer Cempsny � n�.., � � ;�jj & Sen6or Vkr Pretidml of Walpon Inmranee Carporn[ioo �� .�,�� B L_j',:.�•�p.�yw�. � re ,.a,� Y � �• Fslp dap�rrns,Sen[ov Vice PredykR� e� Wm}eiae[oo Intemp!(onaf la��nore Cempany f & Seolor Y&r Pretlden[ oll�ertk Aaaerlean 5peelslt� lasnrapee Cwnp�nr & Senlar Yue pre�ideee of Wnepon [rriur�are CorperaAoa Ttd WITNESS W�RE�F, Nor[h Amcrican Specixlty Insuranzc Campany, Washington Intemational Insurancc Company and Wcsiport Insurance Corpora�ion have caused their official seals iv bc hereunta a!]'ixcd, and these presents to 6e signcd by thcir aulhflrized ofiiccrs [his this 7th �ay o[_ DEC�MHER , xp 2[ i�'nrt� Amcrican Speciaity iasurance Company Washi�gtnn Intcraativnal Insurancc Cnmpany 5tatc of fllinois Westpvrt Insurenrc Cvrporation Cvunty oFCaok ss: On this 7th day of �E��'18� 20� �cfnrc mc, a Notary Puh�ic personally appcarcd Stc�cn P, Andcrson , Scnior Vicc President af Washingtvn Internationaf Insurancc Company and Senior Vscc Aresidcnt of Norih Ameriean 5pecialty Insuranre Cqmpany and Senior Vicc Presidcnt of Westpori lnsuranec Cvrporation and �rik lanssens 5eninr Vice Presidcnt of Washington [nternaiional Insurance Company and 5enior Vice Presiden� of North American 5�ecialty Insueance Com�any snd 5cnior Viae President oi Westpart Insuranee Carpvration, personaliy icnown lv me, who beistg by me duly swvrn, acknowledgcd that they signed �hc ahv�e Power of Altomey as o�cers of and acknow[edged said ins�umene to 6e the �oIuntary ac� and dced of thcir respective tompanies. ^� YASMIH A. P�1tEl �� , J /J � - pFflClklSEAL �J(�f . . Ma�wqPYM1S ie�fraf ia�nelf :�yCamm�n�vnEapir�. - - H� IB. ZQ2] . . _ _ ` _ Yasmin A. Patcl, NIotary : � � I, Jeffrey Gaidbe�, �he du[y elec[ed S�nior Vice Presidcnt and Assis�ant 5e�retary of Nvrth American 5p�cialty Insuranec Gvm�any, W.�shir}gto;i .—_ Intemational Insurancc Company and Westport [nsurance Corporation do hcre6y certify that thc abovc and forcgoing is a lriic an�3coF{�ct cvr�y aCa �- Pvwr,r vPAttomey gi�ers by said Nan� American Specia[ty Ynsur�sncc Company, Washington Intemaliana! Tnsurancc Comp�y apd W-;stp6rt �_.'; _: insurance Carporation whsch is slill in fult force and cffecl. _� =- ._ IN WiTNESS WHEREOF, I ha�e set my hand and aFisxed tho seals oFlhe Carsipanies �his �2nd day of �ehruary , Zp.22.- -. �^_ ''= �' ��` �. _ _ , . . 1cR¢y Cvldhng, Srnior Vice p�aidrcat & Assiats.ni Scacury of Wathingwn hucmaGopd G�wre�xt Camp�ny & Hmdi hmericn Specialsy Gswnars Compa�y @ Vi[x Praidrn� & Anislam SecpWary of Wec�vn �nsurace Corporasion North Ameri�an Specialty InsuranCe Company Vllashington lnternational Insurance Company Westport lnsurance Corporation rFxas cr.A�Ms rnrFOR�nAnvry in order to ohtain informatinn nr make a cnmpla�nt Para obtener iniormacion o para sumeter un queja: You may contact Jeffrey Galdi�erg. Voe Fresideat -- Claims at 1-80Q-338-0753 You may call Washington International lnsurance Cnmpany and�or i�orth Ameriean Specialty Znsurance Compan�s and�ar Westport lnsurance Carppration ta�l-free numE�er far infvrmation �r to make a camplaint at: 1-$Qa-338-�753 You may also write to Washington International Insurance Company and�or Horth American 5pecia4ty [�surance Company and/or Westpart Insurar�ce Corpvration at the following address: 1200 Main 5treet Spite 8�a lCansas City. MC) fi41 D5 Yau may contact the 7exas Department nf Insuran�e to abtain information on companies, co�erages, rights ar complaints at: 1-800-�52-3439 You may write the Texas bepartment of Insurance: P.Q. Bax 1497 fl4 Austin.l7( 78714-91Q4 �ax: (512j 475-177i Web: Email: CansumerProtectinn@tdi.state.tic.us PREMIUM QR CLAIM DISPU7ES: 5hould you ha�e a disp�te �oncerning yaur premium or ahaut a claim you should first contact the Washington [nternationa[ Insurance Company and�or IVorth American Specialty lnsurance Company and�or Westport [nsurance Corporation. If the dispute is not resol�ed. you may contaci the 7exas Department of [nsuran�e. A7TACH THIS N�TfCE 7� Y�1lR P�LICY: This notice is fvr information on[y and does not become a part ar cor�dition of the attached document. �uede c�municarse �on .leffrey Go�dberg. Yce President — Claims, al 1-800-33g-0753 lJsted puede Ilamr al numera de telefono gratis de Washingtan Infernatianal Insurance Company and�or Narth Ameriaan 5pecia�ty Ins�rance Companys and/or Westport Insurance Corparation para infarmacian a para sameter una queja al: 1-80p-33S-0753 �sted tambien puede es�ribir a Washington Interaativnal insurance Company and�or Nor[h Rmericart Specialty Insvrance Company and/or WestFsart Insurance Corporatian af: 12D0 Main 5treet 5uite 8DD Kanses City. Md B41 p5 Puede escribir al bepartmento de 5egur�s de Texas para abtener lnformacion a�erca de companias, Co6erturas, derechas o q�ejas al: 1-80�-252-3439 Puede escribir af Departmerrto de Seguros de Texas: �.0. Sax �491 Q�. Austin,T]C 78714-91�4 Fax: (512j 475-7777 Web: Email: ConsumerProtection@tdi,state.tx.us Ul5PLI7AS SOBRE PRiMAS � RECLAMQS: Si tiene una disputa concemiente a su prima v a un reclamo, debe �omunicarse con el Washington International Insurance Cornpany and�or North American Specialty insurance Company and�or Westpor# Insuranve CorporatiQn primero. 5i no se resuel�e la dispuia, puede entances camunicarse can el bepartmento de Seguros de �exas. L1NA ESTE AVI50 A SU POLIZA Este a�iso es solv para proposito de infromacion y no se can�erte en parte o condician del documento adjunto. CDNTRACTDR CaMPLIANCE WITH WORKER'S C�MPENSATIQN LAW Fursuant tQ Texas Labor Cade Section �d6.0�dta}, as amended, Cantractor cer#ifies that it pravides worker's campensation insuran�e co�erage far all of its employees employed on City Project, �$ Project #�D1658, Contractor further certi�es that, pursuant to Texas Labor Code, Sectivn 4�6.�9b[b}, as amend�d, it wiI] pro�ide to City its subcontractar's certificates of c�mpliance with worker's compensation co�erage. CONTRACTDR: Muckleray & Falls Company 32�Q Riverfront �rive Suite 20D Address Fprt Worth, T3C, 761fl7 CitylStatel2ip THE STATE QF TEXAS § § CQLI11iTY �F TARRANT § By. Tay[or H a le (Please Print} TA�lar �qle------ - -- Signature: - � Title: PreSiden# (Please Print} KNaW ALL BY THESE PRESENTS: BEF�RE ME, the undersigned authority, on this day personally appeared �A y�.�� 1 F_ lrnown to tne to be the pe:-son whose name is subscribed to t�e faregoing instrument, and acknowiedged to me ti�at helshe executed the same as the act and deed ❑f I� [-s � n�� r for the gurpases and consideration therein expressed and in the capacity therein stated. GIVEN LTNDEIZ MY HAN� AND S6AL OF DFFICE this�Nn day oftrr�.��r 2422. � �.�,-��;��' _- Notary Public in and for the State oi Texas ��LH1iFf�� (Ri57£N 1�+1CK�N21E :1'�Y pUB��, , x r G� �iJotary Pu4fic, STate af Texas ? �� q = Camm. �xpirss 10-28•2024 `�r��f'��` �lotary !D 124933�44 '�a, n��, � � �� 4,_�„ � 2�_❑�� 2.^�� f T CENTERLINE OF 51GN, LOGQ & TExT IN�OF:MA�ION I �RT �RT Project Title ►4rcnitect: Architect's Name Cantractar: �ontractor's Name FUNDED SY (List Band Fund, etc.J SCHEDLJLED GOMPLETIaN DATE YEAR SIGN C�L�R & F�NT: � Q� � � . -� BA�KGRQUND - WHITE B�RDER - 511fi"WIDE, 3"RADIUS C�RNERS, PMS 288 �BLL1E) TExT - HELVETICA ar ARIAL, PMS 288 (BLUE} F�RT WC7RTH L�G� C�L�RS & F�NT: FC]RT WURTH � PMS 288 (BLUE}, CHELTENHAM BCJLD LQNGHQRN LDCd - PMS 725 {BR�WN} 0 PR�JECT DESI�NATI�N SI�N �� From:Gatewood, Sophia D. To:McDonald, Vicki Cc:Ramirez, Priscilla; Strong, JB; Glass, Brian R. Subject:RE: FAR SOUTHWEST LIBRARY #101658 Date:Thursday, March 3, 2022 4:19:20 PM Attachments:Muckelroy & Fall COI - Far Southwest Library.pdf I had not. Approved. *I get quite a few of these. I usually get to them within the week- most of the time within a day. There is not a need to resend them. Thx From: McDonald, Vicki Sent: Thursday, March 3, 2022 2:57 PM To: Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.gov> Cc: Ramirez, Priscilla <Priscilla.Ramirez@fortworthtexas.gov>; Strong, JB <John.Strong@fortworthtexas.gov>; Glass, Brian R. <Brian.Glass@fortworthtexas.gov> Subject: RE: FAR SOUTHWEST LIBRARY #101658 Have you had a chance to look at this? Thanks. Vicki McDonald Administrative Assistant Property Management Department 401 West 13th Street Fort Worth Texas 76102 817-392-2586 vicki.mcdonald@fortworthtexas.gov From: McDonald, Vicki Sent: Tuesday, March 1, 2022 10:05 AM To: Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.gov> Cc: Ramirez, Priscilla <Priscilla.Ramirez@fortworthtexas.gov>; Strong, JB <John.Strong@fortworthtexas.gov>; Glass, Brian R. <Brian.Glass@fortworthtexas.gov> Subject: FAR SOUTHWEST LIBRARY #101658 Please review and approve COI for the above project. Contract is in the amount of not to exceed $6,987,500.00. Thanks. Vicki McDonald Administrative Assistant Property Management Department 401 West 13th Street Fort Worth Texas 76102 817-392-2586 From:Matthew Pieschel To:McDonald, Vicki Subject:FW: BOND #2329189 MUCKLEROY & FALLS - FAR SOUTHWEST LIBRARY Date:Tuesday, March 1, 2022 10:25:09 AM Attachments:MF 2329189.pdf CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good Morning Vicki, The amount of the bond mentioned above is $6,987,500.00. Please use this email as verification. Let me know if you have any questions. Regards, Matthew Pieschel | Surety Bond Underwriter | Vice President | Corporate Solutions SR Corporate Solutions America Holding Corporation | 7250 Dallas Parkway Suite 400, Plano 75024, United States (USA) Direct: +1 972 776 8532 Mobile: +1 972 339 2209 Email: Matt_Pieschel@swissre.com From: McDonald, Vicki <Vicki.McDonald@fortworthtexas.gov> Sent: Tuesday, March 1, 2022 10:13 AM To: Matthew Pieschel <Matt_Pieschel@swissre.com> Subject: FW: BOND #2329189 MUCKLEROY & FALLS - FAR SOUTHWEST LIBRARY Please verify the amount of the performance and payment bond for HM & MF Ltd dba Muckleroy & Falls. Thank you. 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