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AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK
PRE-CONSTRUCTION AND CONSTRUCTION SERVICES
For
GATEWAY PARK EAST REDEVELOPMENT
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THIS AGREEMENT FOR CONSTRUCTION MANAGER-AT-RISK SERVICES which
INCLUDES SECTIONS FOR PRE-CONSTRUCTION PHASE SERVICES AND
CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between
the City of Fort Worth, a Texas municipality, ("City") and The Fain Group, Inc., a legal entity
existing under the laws of the State of Texas, ("CMAR"). City and CMAR may be referred to
herein as a"Party" or the "Parties".
WHEREAS, City desires to procure Construction Manager-At-Risk services from CMAR, which
consist of Pre-Construction Phase Services and Construction Phase Services, and CMAR,
selected by City through a competitive procurement process, possesses broad experience,
knowledge and technical resources to provide such services related to the design, permitting,
construction and construction management for the Gateway Park East Redevelopment, City
Project No, 01187 (the "Project"); and
WHEREAS, CMAR is willing and able to undertake and provide the services and to be
responsible for the overall completion of the Project, as described on Attachment A, with a
project budget of $1,943,359.93, upon the terms, covenants, recitals, and conditions hereinafter
set forth; and
WHEREAS, during the course of GMP negotiations, City and CMAR have identified additional
project features increasing the project budget to the construction budget amount of
$2,045,641.93; and
WHEREAS, City has engaged the services of CDM Smith, Inc. ("Design Engineer"), to prepare
the design of the Project; and
WHEREAS, CMAR agrees to provide Pre-Construction and Construction services as defined in
Attachment A and as further set forth in the written proposal to City from CMAR, dated the 4th
day of December, 2014, attached hereto as Attachment B; and
WHEREAS, the CMAR agrees to be bound by and incorporate into its construction phase
contracts with its primary contractors to which CMAR awards contracts and subcontractors(s),
the City's Standard General Conditions for a CMAR Agreement ("General Conditions"), attached
hereto as Attachment C; and
WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated
with those capitalized/defined terms as found in the General Conditions. Conflicting definitions
shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's
scope.
NOW THEREFORE, for and in consideration of these recitals, compensation
services to be rendered by CMAR, and the covenants and promises to be carri
CMAR — PACS — Gateway Park Improvements
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Party, the City and CMAR hereby agree to perForm the services described herein upon the
terms and conditions set forth herein and any Attachments and Exhibits hereto, which are
hereby incorporated.
ARTICLE 1 — SERVICES
A. CMAR agrees to furnish all Pre-construction Phase Services, as described in
Attachments A and B.
B. The Pre-Construction Phase Services shall commence within 7 calendar days after
receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and
terminate upon commencement of Construction Phase Services. CMAR may initiate
Construction Phase early works packages, such as for utility relocations, during the Pre-
Construction Phase. Costs of early works packages shall be included in the GMP.
C. CMAR agrees to furnish all Construction Phase Services, as described in Attachments
A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement
and its Amendments and Attachments, to also include the Construction Documents created
to effect the Work on the Project.
CMAR agrees to timely commence construction to substantially complete the Work
within the Contract Time. CMAR shall provide all necessary construction labor,
materials, tools, equipment, as well as all construction supervision, inspection, and
temporary utilities as required to complete the Work pursuant to the Construction
Documents.
2. CMAR shall perform all Work in accordance with the requirements of the
Construction Documents. CMAR shall at all times exercise complete and exclusive
control over the construction means, methods, sequences, and techniques. CMAR
shall be responsible for the proper perFormance of the work, including all work
performed by its subcontractors, and any acts and omissions in connection with such
performance.
D. The Construction Phase Services shall commence within 7 calendar days after receipt of
an authorization in the form of a Notice to Proceed from the City to CMAR.
E. CMAR shall be responsible for obtaining and paying for any necessary temporary
construction easements or permission from adjacent landowners to allow CMAR to perForm
the Work. CMAR shall present documentation of temporary construction easements or other
permissions at the time the GMP is submitted to City.
F. CMAR warrants to City that all materials and equipment furnished under this Agreement
will be new, unless otherwise specified. The CMAR also warrants to City that all materials
and equipment furnished under this Agreement will be in conformance with the Construction
Documents.
ARTICLE 2 — COMPENSATION
A. The City shall compensate CMAR for providing the Pre-Construction Phase Services for
the Pre-Construction Services Fee of Twentv-Five Thousand Dollars ($25,000.00� as further
described on Exhibit J to Attachment B("Pre-Construction Phase Fee").
CMAR — PACS — Gateway Park Improvements Page 2 of 13
B. The City shall compensate CMAR for providing the Construction Phase services for the
Construction Services Fee of 6% of the GMP as further described on Exhibit J to
Attachment B("Construction Phase Fee"). These fees are collectively known as the CMAR
Fee as defined in the General Conditions.
C. Notwithstanding Article 1, Paragraph C., above, or Paragraph B. of this Article, City may,
by giving written notice at any time before the end of the Pre-Construction Services Phase,
elect to terminate this Agreement should a GMP not be successfully negotiated or if the
GMP, in the City's reasonable estimation, exceeds or would exceed the City's Estimated
Construction Budget. In such event, CMAR shall be paid for Work performed up to the date
of termination in accordance with this Agreement.
D. INTENTIONALLY DELETED.
E. INTENTIONALLY DELETED.
F. Schedule Incentives to promote performance results by contractors may be established
by CMAR for the Construction Phase. During development of the GMP, CMAR and City may
determine an allowance amount, which will be a part of the GMP, to be used for schedule
incentives. Any of these funds which remain unspent shall be returned to City.
ARTICLE 3 — PAYMENT
Payment by City to CMAR is to be made as follows:
A. CMAR shall submit monthly an Application for Payment for Pre-Construction Phase
Services describing the work performed during the preceding month. The City shall make
payment pursuant to Paragraph 14.02 of the General Conditions.
B. CMAR shall submit monthly an Application for Payment for Construction Phase Services
describing the Work perFormed during the preceding month. The City shall make payment
pursuant to Paragraph 14.02 of the General Conditions, less 5°/a retainage, except that no
retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs.
CMAR's Construction Services Fee and General Conditions costs shall each be shown as a
line item in the Application for Payment.
ARTICLE 4— GUARANTEED MAXIMUM PRICE
A. The Guaranteed Maximum Price proposal for Construction of the Project shall be
presented to the City no later than 20 days after receipt by CMAR of approved 90%
plans or as otherwise mutually agreed.
B. Elements to be considered in the GMP include but are not limited to:
1. CMAR's Fee (overhead, Insurance and Bonding costs, etc.)
2. Other Fees as may be presented in the RFP
3. Reimbursable Expenses for designated services
4. Subcontract Costs (Actual contracts) (Open Book)
5. Contingency Amounts for CMAR's use
6. Allocation Allowance which is part of the GMP but is for use by the City only with
any remaining Allocation Allowance to be returned to the City
CMAR — PACS — Gateway Park Improvements Page 3 of 13
C. After submission of the GMP proposal, CMAR and City shall meet to discuss and review
the Design Documents and the GMP Proposal in an effort to negotiate a final GMP.
D. As established and accepted by City in writing, the GMP is memorialized and
incorporated into this Agreement as shown on Attachment D.
E. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the
Project may proceed.
ARTICLE 5— CHANGES IN THE WORK
The City, during either phase of services and without invalidating this Agreement, may order
changes in the design of the Project and/or the Work consisting of additions, deletions or other
revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly.
All such changes in the Work necessitating a change to the GMP or the Contract Time shall be
authorized by a Change Order.
ARTICLE 6- PROJECT TIME AND LIQUIDATED DAMAGES
Project Time shall not be longer than as indicated in Attachment A except as modified by
CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR
and presented to City. CMAR will perform the required services in a timely manner and comply
with the Project Schedule and any minor adjustments as reasonably requested by City. Major
changes to the Project Schedule may be negotiated and memorialized by a Change Order.
Unless causes beyond the CMAR's control delay final completion, the CMAR shall achieve final
completion of the Work, including all punch list items, within thirty (30) days from the date of
Substantial Completion, unless such works falls on or slightly before December 15, 2015 then
all work shall be completed by December 31, 2015.
CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial
loss if the Work is not completed within the Project Time plus any mutually agreed extension
thereof. The CMAR recognizes the delays, expense, and difficulties involved in proving in a
legal proceeding the actual loss suffered by the City if the Work is not completed on time and,
instead of requiring any such proof, CMAR agrees that Liquidated Damages, not as a penalty
but as just compensation, shall be $1,000.00 for each day that expires after the expiration of the
Project Time until such time as Substantial Completion of the Project is issued by the City in
writing.
ARTICLE 7 — MBE/SBE
The CMAR must meet an SBE participation goal of 15°/a for the Pre-Construction Phase
Services for this Project. CMAR must meet the MBE goal of 19% during construction phase
services to meet a minimum qualification for self-performing any or all of the construction phase
services.
The CMAR commits to 15°/a SBE participation for the Pre-Construction Phase Services and
commits to 19% MBE participation for the Construction Phase Services of this Project.
ARTICLE 8 - GENERAL TERMS
CMAR — PACS — Gateway Park Improvements Page 4 of 13
A. PROFESSIONA� STANDARDS. The standard of care for all design professional
services perFormed under this Agreement shall be the care and skill ordinarily used by
members of the architectural and engineering professions practicing under similar conditions
at the same time and locality as the Project. The CMAR shall be responsible for the
professional and technical soundness, accuracy, and adequacy of all consultation, cost
estimating, pre-construction, construction and other services and materials furnished under
this Agreement.
B. MUTUAL OBLIGATIONS. CMAR and City agree to fully cooperate with each other in
providing to each other information available, and in facilitating the Work within the scope of
this Agreement. City shall, throughout the performance of the Construction Work, cooperate
with CMAR and perform its responsibilities, obligations and services in a timely manner so
as not to delay or interfere with CMAR'S timely and efficient performance of its obligations
under the Contract Documents. The City shall cooperate and provide reasonable assistance
to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's
responsibility to obtain.
C. GENERAL CONDITIONS. Attachment C contains the City's General Conditions
applicable to this Project. CMAR is expected to have reviewed and hereby agrees to comply
with said General Conditions, including providing a copy to any contractors or
subcontractors, as applicable.
D. PROJECT PROGRESS. CMAR's services and compensation under this Agreement
have been agreed to in anticipation of the orderly and continuous progress of the Project
through completion.
E. ASSIGNMENTS. CMAR shall not assign its interest in this Agreement without the written
consent of the City. CMAR may enter into subcontracts with respect to the services required
by this Agreement but shall remain fully responsible to the City in connection therewith.
Nothing herein shall be construed as creating any personal liability on the part of any officer
or agent of City.
F. PERSONNE�. CMAR, an Equal Opportunity Employer, (including any agents,
employees, subcontractors, successors and assigns of CMAR), now has or will secure at its
own expense, personnel required to perForm the services under this Agreement. Such
personnel are not employees of, nor have any contractual relationship with the City. CMAR
acknowledges responsibility for all federal, state, and local requirements for employers that
apply to CMAR.
G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The City and CMAR agree that
this Agreement represents the entire and integrated Agreement between them and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement is solely and exclusively for the benefit of the City and CMAR and not for the
benefit of any third party. The City and CMAR agree that there are no third-party
beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to
the other party to the Agreement and are not intended to create any rights, contractual or
otherwise, to any other person or entity. The doctrine of respondeat superior shall not apply.
H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs,
drawings, specifications, documents, and other work products of the CMAR whether in hard
copy or in electronic form, are instruments of service for this Project, whether the Project is
completed or not. Reuse, change, or alteration by City or by others acting through or on
CMAR — PACS — Gateway Park Improvements Page 5 of 13
behalf of City of any such instruments of service without the written permission of the CMAR
will be at the City's sole risk. The City shall own the final, printed designs, drawings,
specifications and documents. Transfer of ownership of the contract documents does not
constitute sale of the documents.
I. INSURANCE. CMAR shall, during the performance of the Agreement, keep in force
insurance as described in Article 5 of the General Conditions.
J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section
C of this Agreement or as otherwise provided by the General Conditions.
K. COST ESTIMATES. CMAR's opinions of probable cost are to be made on the basis of
CMAR's experience and qualifications and represent CMAR's best judgment as a qualified
professional familiar with the industry.
L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ AND UNDERSTANDS
THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS.
M. SURETY BONDS. The CMAR shall furnish the required perFormance, payment and
maintenance bonds as provided by the General Conditions.
N. CITY NON-APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this
Agreement, if this Agreement provides for the City to make payments to the CMAR in any
fiscal year following the City's fiscal year in which this Agreement begins and the City
Council fails to appropriate funds to make the payments, then this Agreement automatically
terminates at the beginning of the first day of the successive fiscal year for which funds were
not appropriated, and the City shall not be obligated to make or have any liability to the
CMAR for the payments.
O. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring
services of CMAR in providing expert testimony on behalf of the City in connection with the
Project, except suits or claims by a third party against the City arising out of alleged errors or
omissions of Design Engineer or CMAR, the City shall provide additional compensation to
CMAR based on actual cost.
ARTICLE 9— THE CITY'S RESPONSIBILITIES
The City shall:
A. Designate a Project Representative to act as its representative with respect to the
services to be rendered under this Agreement for Pre-Construction Services. Such
Project Representative will have complete authority to transmit instructions, receive
information, interpret and define City's policies and decisions with respect to CMAR's
services.
B. Provide timely reviews of studies, reports, sketches, estimates, and other documents
presented by CMAR consistent with City's normal business practices.
C. Secure and execute all necessary permanent easements and agreements with adjacent
land or property owners that are necessary for the Project. City is further responsible for
all costs, including attorneys' fees, incurred in securing these necessary permanent
CMAR — PACS — Gateway Park Improvements Page 6 of 13
easements and agreements. City is responsible for securing all zoning approvals
required for the Project for the construction to proceed without delay.
ARTICLE 10 — AMENDMENTS
This Agreement may only be amended in writing and agreed to by both Parties
ARTICLE 11 - EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the City and CMAR
with respect to the subject matter of this Agreement and supersedes all prior understandings,
negotiations, representations or agreements, either written or oral contracts between City and
CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of
City and CMAR and their respective successors and assigns.
ARTICLE 12 — GOVERNING LAW & JURISDICTION
Except as provided for in the General Conditions, Paragraph 6.07, arbitration will not be allowed
on this Project. The terms of the Agreement shall be construed and interpreted under, and all
respective rights and duties of the parties shall be governed by, the laws of the State of Texas,
without regard to its conflict of law provisions. CMAR hereby submits to the jurisdiction of the
Texas courts and will obtain and maintain an agent for service of process in the State of Texas.
Neither party will bring any action against the other party arising out of or relating to this
Agreement in any forum or venue except in Tarrant County, Texas, or the United States District
Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any
present or future objections to such legal action and irrevocably waives the right to bring any
legal action in any other jurisdiction.
ARTICLE 13 — SEVERABILITY
It is agreed that in the event any covenant, condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or provision herein contained,
provided however, that the invalidity of any such covenant, condition or provision does not
materially prejudice either CMAR or City in connection with the rights and obligations contained
in the valid covenants, conditions or provisions of this agreement.
ARTICLE 14 — WAIVER
The waiver by the City of any default or breach of a term, covenant or condition of this
Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or
condition or any other term, covenant or condition of this Agreement, regardless of when the
breach occurred.
ARTICLE 15 — CONFLICT IN TERMS
In the event there is a conflict between the terms of this Agreement, and any other Contract
Document, the terms of this Agreement shall control over the other Contract Documents.
ARTICLE 16 - HEADINGS
CMAR — PACS — Gateway Park Improvements Page 7 of 13
The headings in this Agreement are inserted for reference only, and shall not define or limit the
provisions hereof.
ARTICL.E 17 - NOTICE
All notices required herein shall be addressed to City as follows:
Richard Zavala
Director, Parks and Community Services Department
1000 Throckmorton Street
Fort Worth, Texas 76102
817-392-5711
richard.zavala@fortworthtexas. gov
With Copy to:
Cornell Gordon
Parks and Community Services
1000 Throckmorton Street
Fort Worth, TX 76102
817-392-5764
Cornell.qordon .fortworthtexas.qov
Douglas W Black
Sr. Assistant City Attorney
1000 Throckmorton Street
Fort Worth, TX 76102
817-392-7615
Doug. black@fortworthtexas.gov
All notices to CMAR shall be addressed as follows:
Larry Frazier
President
The Fain Group, Inc.
P.O. Box 750
Fort Worth, TX 76101
817-927-4388
Ifrazier@faingp.com
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE
AND ATTACHMENTS/EXHIBITS TO FOLLOW
CMAR — PACS — Gateway Park Improvements Page 8 of 13
Executed and effective as of the date executed by the designated City Manager in three
counterparts, each of which may be deemed an original.
CMAR
The Fai roup, Inc.
By:
N me: Larry razier
itle: President
Date:
CITY OF FORT WORTH:
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By:
r Susan Alanis
� Assistant City Manager
Date: g� � � % S
By City:
Approved as to Form and Legality
Doug as W. Black
Assistant City Attorney
nn&c: G— Z�ISo
Date: Z - 3' � �
Approval Recommended:
chard Zavala �
rector, Parks and Community
�rvices Department
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CMAR — PACS — Gateway Park Improvements
ATTACHMENT A
Pre-Construction and Construction Services
Scope of Work
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REQUEST FOR PROPOSALS
CONSTRUCTION MANAGER AT RISK
City of Fort Worth Gateway Park East Redevelopment
City of Fort Worth Project No. 01857
RFP 0001
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City of Fort Worth
Mayor
Betsy Price
City Manager
David Cooke
Parks and Community Services Department Director
Richard Zavala
November 13, 2014
City of Fort Worth Gateway Park East Redevelopment Page 1 of 52
CMAR RFP — One Step
Table of Contents
Section1. Definitions .................................................................................................3
Section 2. Description of Project ..............................................................................5
Section 3. Business Diversity ..................................................................................6
Section4. CMAR Services ......................................................................................... 7
Section 5. Procedural Requirements Request for Proposals .............................10
Section 6. Content of Proposal and Evaluation Criteria .....................................12
Section 7. Award and Execution of Contract .........................................................17
Section 8. Bonds and Insurance ............... :.........................................................18
Section 9. Miscellaneous ........................................................................................18
Section 10. Proposed Schedule ............................................................................:...18
Exhibits:
Exhibit A - ................................................................................... Proposal Location
Exhibit B - ................................................................................... Proposal Affidavit
Exhibit C- ........................................................................ Statement of Experience
Exhibit D— ...........................................................Proposed Project Key Personnel
Exhibit E- ........................................................................ Exceptions to Agreement
Exhibit F— .................................................................................. Conflict of Interest
Exhibit G - ............................................................................Client Reference Form
Exhibit H— .......................................................Bond and Insurance Requirements
Exhibit I — .................................................................................Safety History Table
Exhibit J- ...............................................Construction Budget and Fee Proposals
Exhibit K- ................................................................................... Evaluation Criteria
Exhibit L- ...................................................................................... Prevailing Wages
Attachments:
Attachment 1— .....................................Construction Manager at Risk Agreement
Attachment 2— .......................................... General Conditions for CMAR Project
City of Fort Worth Gateway Park East Redevelopment Page 2 of 52
CMAR RFP — One Step
INTRODUCTION: The City of Fort Worth, Texas desires to select a construction
manager-at-risk (CMAR) to provide construction manager-at-risk services for park
facility elements for the Gateway Park East Redevelopment Project to be completed
no later than December, 2015. The selection will be a one-step process.
The City will select the Proposer which provides the best value for the City based on
the criteria outlined herein and the Proposer's proven application of: project delivery
techniques, approaches and relevant experience that results in the following value
statements for the project and City:
• Reduction in overall delivery timeline (schedule)
• Increased and/or enhanced functionality resulting from phasing and sequencing
of project delivery to reduce impacts to park users during construction
• Cost-savings and cost-avoidance identified during preconstruction and design
phases
• Reduced risk resulting from early engagement of the Construction Manager to
optimize delivery in collaboration with City's design engineer
CMAR experience is desired and will be recognized in two ways:
1. Alternative delivery methods whereby the Proposer can demonstrate relevant
experience, results and benefits to the project and City.
2. Value-delivery techniques on non-CMAR projects that demonstrate results and
benefits as previously described for CMAR delivery.
SECTION 1: DEFINITIONS
A. In this Request for Proposals (unless otherwise defined herein):
City means the City of Fort Worth, Texas.
CMAR means Construction Manager-at-Risk, the entity or person with which the City
will contract to provide the construction manager-at-risk Preconstruction Phase
Services and Construction Phase Services under a single Contract.
Construction Phase Services means the Construction Phase services for the
Project as more fully described in this RFP and the Contract.
Construction Phase Services Fee means the fee sought by the Proposer for fulfilling
the General Conditions (generally to include profit, general overhead and other costs
associated with supporting the Work) presented as a percentage of the GMP.
City of Fort Worth Gateway Park East Redevelopment Page 3 of 52
CMAR RFP — One Step
Contract means the Construction Manager-at-Risk Agreement for Preconstruction
Phase services and Construction Phase Services included in draft form as
Attachment 1 and as may be revised by the successful Proposer and City during the
contract negotiation period.
Design Engineer means CDM Smith, Inc., the firm with which the City has contracted
to design the Gateway Park East Redevelopment.
Estimated Construction Budget means the amount of $2,053,000.00, which shall
include the CMAR's Preconstruction Services Fee, CMAR's Construction Phase
Services Fee and CMAR's contingency amount but does not include costs for design
such as: the Design Engineer's Fees, costs of land or rights-of-way, or any other costs
that are the City's direct responsibility.
Final Completion means the date upon which the Owner accepts the Project as
delivered by the CMAR including completion of all punch-list items.
General Conditions
establish definitions,
(Attachment 2).
means those governing documents issued by City which
terms and procedures for performance of the Project
Guaranteed Maximum Price (GMP) means the maximum cost of Construction Phase
Services, as established by the CMAR and subject to acceptance by City, to construct
the Project according to the contract documents.
MBE means a business concern located in the Marketplace meeting the following
criteria:
a. is at least 51 percent owned by one or more minority persons, or, in the case
of any publicly owned business, at least 51 percent of the stock is owned by
one or more minoritv persons; and
b. management and daily business operations are controlled by one or more
minoritv persons who own it.
MBE Plan means an MBE Utilization Plan to address the diverse MBE goal for use
when bids or proposals are sought from trade contractors or subcontractors for
performance of all major elements of the Work.
Ordinance means the City of Fort Worth Business Diversity Enterprise Ordinance
#20020-12-2011, effective June 1, 2012, as amended.
PACS means Parks and Community Service Department.
Preconstruction Phase Services means the preconstruction phase services that the
CMAR will provide as more fully described in this RFP and the Contract.
Pre-Construction Phase Services Fee
Preconstruction Phase Services including
expressed as a fixed dollar amount.
City of Fort Worth Gateway Park East Redevelopment
CMAR RFP — One Step
means the entire cost to provide the
overhead, profit and all other expenses
Page 4 of 52
Project means the construction of a Trailhead at East 1 St Street, construction of a new
trail along E 1St Street within and through Gateway Park, demolition and
rehabilitation/installation of existing trails, bridges and observation decking.
Proposal means the Proposer's written response to this RFP.
Proposer means a person, corporation, partnership, or other entity that submits a
Proposal in response to this RFP.
RFP means City's request for proposals as a 1-step process including a request for
the Proposer's proposed fees and prices for fulfilling the General Conditions related to
the Project.
Work means all labor, materials, equipment, and services necessary to construct,
erect, install, equip, complete and commission the Project as provided in the contract
documents. Work shall not include Preconstruction Phase Services.
B. The following described Exhibits and Attachments are attached to and are a
part of this RFP:
• Exhibit A — Project Location
• Exhibit B- Proposal Affidavit (Statement of Experience)
• Exhibit C— Proposed Project Key Personnel
• Exhibit D- Exceptions to Contract
� Exhibit E— Conflict of Interest Questionnaire
• Exhibit F- Client Reference Form
• Exhibit G- Bond and Insurance Requirements
• Exhibit H- Safety History Table
• Exhibit 1- Construction Budget and Fee Proposals
• Exhibit J- Evaluation Criteria
• Exhibit K- Prevailing Wages
• Attachment 1— Draft Construction Manager at Risk Contract
• Attachment 2— General Conditions for CMAR Project
SECTION 2: DESCRIPTION OF PROJECT
A. The Project will consist of construction of a new trailhead (and amenities)
at the corner of Oakland Boulevard and E. 15t Street, demolition of
existing concrete trail and pedestrian bridges, demolition and conversion
of existing canoe launches to an observation deck and construction of
new concrete trail throughout Gateway Park. The Design Engineer, CDM
Smith, Inc. is in the process of conceptual engineering design for the
Project. The design is expected to be at approximately 60 percent at the
end of December 2014. The final engineering design is anticipated to begin in
City of Fort Worth Gateway Park East Redevelopment Page 5 of 52
CMAR RFP — One Step
January, 2015 with Preconstruction Phase Services participation by the
selected CMAR.
Gateway Park East redevelopment to include the following site improvements:
Site Elements
Trail Head Area
1. Demo & (Re Construction)
Concrete Parking Lot
2. Portable Restroom Enclosure
3. Metal pavilion (24'x24')
4. Picnic tables/benches
5. Trash receptacles/ Grill
6. Cable fencing and gates
7. Seeding/ shade trees
Approximate Quantitv
4000 SY
One (1) unit
One (1) unit
Multiple units
Multiple units
Area
Observation Deck
1. Demolition of existing Deck and removal of support structures
2. South Canoe Launch - Demo Existing Structure
3. Construct New Observation Deck
4. Reconstruct Sidewalk for ADA
5. Seating
6. Interpretive Signage Observation Deck
7. Trail Signage
Concrete Trails
1. Demolish existing 8' Wide trail Along River
2. Const. 8' Wide trail Along River
3. Const. 10' Wide E. 1St St. Trailhead to Bridge
4. 10' Bridge to S&V Circle
5. 12ft wide trail around S&V Cir
Pedestrian Bridqes
1. Demolish Existing Bridges
2. Re Const. Pedestrian Bridges
3. Regrade/Pipe Underdrain at
Existing Bridge Areas
1850 LF
1800 LF
1500LF
850 LF
280 LF
Eight (8) units
Three to Five units
Five to Seven areas
Existinq Canoe Launches
1. South: Demolish Understory One (1) structure
2. South: Reconstruct Deck One (1) structure
3. S&V Circle: Demolish Understory One (1) structure
4. S&V Circle: Reconstruct Deck One (1) structure
Potential Proiect Adds:
1. North Canoe Launch Re-Construction New Deck (portion)
2. Demolition of Canoe launches decking and removal post (portion)
City of Fort Worth Gateway Park East Redevelopment Page 6 of 52
CMAR RFP — One Step
A. Project Team. The City has selected CDM Smith, Inc. as the Design Engineer,
whose designated representative for the Project is Erik Cotter, P.E. The City's
team of employees who will work on this Project consist of PACS personnel
and other departments as needed.
B. CMAR Selection Method. The City is required by state law to follow specific
procedures in selecting the CMAR for the Project. For this Project the City is
selecting the CMAR by a one-step RFP process, as set forth in Section
2269.251 et seq., Tex. Gov't Code. A Proposer's Proposal shall include
proposed fees and prices for fulfilling the General Conditions. A Proposer's
Proposal may include cost/savings sharing alternatives.
C. Additional Professionai Services. The City will contract separately for (1)
inspection services, (2) testing of materials, (3) any verification testing services
necessary for acceptance of the Project. The selected Proposer will be required
to coordinate these services. The City reserves the right to retain other
professionals and consultants to assist it with Preconstruction Phase and
Construction Phase services and monitoring the Work.
SECTION 3: BUSINESS DIVERSITY ENTERPRISE ORDINANCE #20020-12-2011
— MINORITY BUSINESS ENTERPRISE (MBE) PROVISIONS
A. As of June 1, 2012, The City of Fort Worth implemented the Business Diversity
Enterprise Ordinance to reflect the City's availability and disparity study findings
and recommendations. Firms must obtain MBE listings from the M/WBE Office
at (817) 212-2674 or email tasha.kilgore(a�fortworthtexas.gov. This will ensure
that MBE listings reflect oniv those companies currently certified by the North
Central Texas Regional Certification Agency (NCTRCA) located in the six 6
countv geographic marketplace that have been accepted by the City. The
City's geographic marketplace includes the counties of: Tarrant, Dallas,
Denton, Johnson, Parker and Wise.
B. All Proposers shall note that it is the policy of the City of Fort Worth to ensure
the full and equitable participation of Minority Business Enterprises 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.
C
�❑
The overall diverse MBE qoal for Pre-Construction Phase Services for this
Project is 15%.
The overall diverse MBE goal for Construction Phase Services for this Project
is 19%.
E. Proposals shall be accompanied by an MBE Plan to address the diverse MBE
goals for use when bids or proposals are sought from trade contractors or
subcontractors for performance of all major elements of the Work. At a
minimum, the MBE Plan must provide:
City of Fort Worth Gateway Park East Redevelopment Page 7 of 52
CMAR RFP — One Step
■ The company name, address, point of contact, email address, office and
fax telephone numbers of identified MBE contractors to be contacted
during development of the GMP;
■ A detailed description of the work potentially to be performed by each
MBE;
■ The tier level, i.e., �St 2nd 3rd etc. (if other than 1St tier, the plan must
clearly identify the firm name and tier from whom the MBE firm will be
receiving payment) of each MBE to be contacted during GMP
development;
■ The sub-contract value for each phase of work identified as potential for
MBE participation; and
■ The timing of the major elements of the Work, including approximate
advertising dates.
The Plan must also include an element detailing how the Proposer will
cornmunicate 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.
F. MBE firms: All firms must be certified in order for the participation to be counted
towards the established goal.
G. 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 goal; the goal represents subcontracting
opportunities.
H. Commitment to meet the diverse MBE goal and to submit the Plan wiil be
part of the final weighted selection criteria.
Failure to meet the diverse MBE Goal, provide a detailed explanation to explain
the Good Faith Effort (as defined in the Ordinance) the Proposer made to
secure MBE participation, or abide by the Plan may subject the Proposer to
penalties as specified in the Ordinance.
SECTION 4: CMAR SERVICES
A. PRECONSTRUCTION PHASE SERVICES
The CMAR Preconstruction Phase services will be provided as a fixed fee cost
identified in the Proposal. The Preconstruction Phase Services will include:
City of Fort Worth Gateway Park East Redevelopment Page 8 of 52
CMAR RFP — One Step
Provide a Project Manager, all Key Personnel and all other associated
personnel necessary to fully meet the CMAR obligations for the
Preconstruction Phase Services;
2. Consult with, advise and provide recommendations to the City and the
Design Engineer on all aspects of the planning, design, and proposed
construction and drawings and specifications;
4
Provide constructability review and consult on constructability issues in
the development of the 60% and 90% final design review plans and
specifications, including recommendations on design packaging to
advance construction, material availability and independent quantity
calculations to verify quantities provided by Design Engineer;
Provide list of additional details needed on 90% final design review plans
that would be needed to complete the project in the allotted time or to
accelerate aspects of the work;
5. Project Manager, Estimator, Scheduler and Superintendent along with
any other necessary personnel shall attend review workshops with the
City's Transportation and Public Works (TPW) and Parks and
Community Services (PACS) Departments, TxDOT, TRV, and Design
Engineer at the 90% final design review milestones, provide Critical Path
Method schedules and assume each workshop is one complete eight (8)
hour day;
6. Provide on-going value engineering review, including written reports and
recommendations between 60% and 90% design plan development;
7. Identify, evaluate and propose cost-effective alternatives;
8. Provide monthly project planning and scheduling report (using critical
path method) to minimize the construction impact and prepare cash flow
analyses for both the design and construction phases;
9. Identify long-lead equipment procurement needs and submit a report to
the City;
10. Identify, evaluate and recommend elements of the Project that may
require less than 100% design;
11. Advise the City of ways to gain efficiency in Project delivery;
12. Provide a complete, detailed, written GMP including line item cost
breakdowns with conditions, assumptions, and showing CMAR
contingency and CMAR Fee;
13. Develop, implement and maintain a quality management plan that
assures conformance to every section of the specifications. Develop a
QA/QC program to ensure continuing attention to the production and
installation of error-free work;
14. Provide an environmental management plan detailing programs for a
storm water pollution prevention pian and handling other environmental
issues (dust, on site chemicals and fuel, etc.) required to comply with
permits and regulations applicable to the Project;
15. Incorporate the City's standard specifications and provisions relating to
quality, safety, community, and environmental factors;
City of Fort Worth Gateway Park East Redevelopment Page 9 of 52
CMAR RFP — One Step
16. Schedule all Project construction related activities;
17. Identify Work which the Proposer intends to self-perform. Identify and
recommend which work, if any, should be procured through value based
competitive selections, in lieu of low bid;
18. Provide monthly progress reports;
19. Participate in one Project kick off meeting for Preconstruction Phase
Services to start in January, 2015;
20. Participate in up to 7 additional meetings or workshops with the Design
Engineer, Owner or others as needed;
21. Develop and submit recommendations for the award of the subcontracts
to construct the Project;
22. Provide insurance for the Pre-Construction Phase as detailed below.
23. Provide Performance Bond, Payment Bond, and 2-year Maintenance
Bond(s) as detailed below.
B. CONSTRUCTION PHASE SERVICES
The City may elect to have the work performed in multiple phases of
construction. Generally, the phases may include, but are not limited to,
Earthwork, Demolition, and Construction.
The CMAR Construction Phase services will be provided as a percentage cost
of the GMP as identified in the Proposal. Construction Phase Services will
include the following:
l, Solicit and publicly conduct trade contractor or subcontractor bidding
and proposals for all major elements of the construction work estimated
at greater than $50,000.00, and for material suppliers for the Project,
unless incorporated above or otherwise exempted;
2. Discuss Project with subcontractors and material suppliers to determine
workloads, bonding capacity, and worker/mechanic availability;
3. Review and monitor the final design and suggest equipment, materials
and systems for selection;
4. Review subcontractor's consfruction emergency response plan;
5. Review subcontractor's construction site safety plan;
6. Prepare the Bids/Proposals packages for the elements of the Work
which must incbrporate the requirements of the Contract;
7. Participate in one Project kick off meeting for Construction Phase
Services;
8. Performance of the construction portion of the Work in strict accordance
with all applicable Contract Documents;
9. Coordinate and manage the Work that includes all required
appurtenances, necessary site improvements, and all other work
required to make a complete and operable system within the
City of Fort Worth Gateway Park East Redevelopment Page 10 of 52
CMAR RFP — One Step
Guaranteed Maximum Price and within the contract time agreed upon by
the CMAR and the City;
10. Coordinate with various local and state agencies, as necessary;
11. Arrange for procurement of materials and equipment;
12. Manage all procurement and construction-related subcontracts while
meeting the City's requirements for compliance with the MBE
participation goal. This includes inspection of the Work performed by
subcontractors to ensure conformance with the Contract;
13. Monitor and maintain quality controls over shop drawings, equipment
and materials, implementation and the Work;
14. Implement the construction site safety plan to provide a safe working site
for the Project, maintain, update and implement as needed the
emergency response plan;
15. Conduct a Pre-Construction Meeting with all the subcontractors,
inspectors, and other entities performing major elements of the work
prior to the start of their work activities;
l6. Obtain any necessary construction permits and meet all requirements of
TXDOT and US Army Corps of Engineers (USACE);
17. Manage storm water runoff and dust in accordance with the City's iSWM
and USACE regulations;
18. Establish and implement procedures to track, expedite and process all
submittals, change orders, and requests for information;
19. Review and process shop drawings and other submittals and present to
Owner for approval;
20. Establish a Critical Path Method schedule for the Project, monitor and
update the construction schedule at least monthly, prepare three week
look ahead work schedules consistent with overall schedule;
21. Review and process all pay request applications from subcontractors
using the City's standard specifications and provisions;
22. Conduct monthly progress meetings with the on-site trade foremen or
superintendents;
23. Attend monthly meetings with City staff, inspectors, TRV, Design
Engineer and other entities and provide written monthly progress report
and updated schedule;
24. Maintain current hard copies of Project as-built drawings, including all
subcontracted work, and submit in hard copy, PDF or other electronic
format specified by the Design Engineer, monthly;
25. Expedite and coordinate delivery and installation of Owner procured
material and equipment, as applicable;
26. Maintain strict enforcement of Owner's or other applicable prevailing
wage requirements;
27. Update and revise the Operation and Maintenance Manual developed by
the Design Engineer as necessary;
City of Fort Worth Gateway Park East Redevelopment Page 11 of 52
CMAR RFP — One Step
28. Supervise and manage the warranties provided to CMAR and the City
for the equipment and construction work;
29. Receive warranty/guaranty of Work items from the construction
contractors and subcontractors and provide same to Owner upon Final
Completion of the Project, or at a date negotiated by the Parties;
30. Conduct a final walk-through with the City's TPW and PACS
Departments and Design Engineer at the completion of construction no
later than December 15, 2015 and 20 months after acceptance under
the two-year warranty period;
31. Implement close out procedures necessary for the City to accept the
Project as being finally complete; provide lien waivers from all
subcontractors and material suppliers;
32. Complete all Construction Phase Services and Work, including punch
list items, no later than December 30, 2015;
33. Prepare a final report on all construction costs.
C. CMAR SELF PERFORMANCE
In accordance with Texas law, the CMAR may seek to self perform work if the
CMAR submits a bid or proposal in the same manner as all other trade
subcontractors or suppliers and the City determines that the CMAR's low bid or
proposal provides the best value for the submitted work. Proposers shall
indicate the scope of work, if any, it intends to self-perform. Regardless of
CMAR self-performance, CMAR must meet the MWBE commitment for
Construction Phase Services.
SECTION 5: PROCEDURAL REQUIREMENTS FOR REQUEST FOR PROPOSALS
A. RESERVATION OF RIGHTS
1. The City may reject any or all Proposals and/or waive minor deviations
and/or irregularities therein. Entire Proposals marked proprietary will be
returned without evaluation.
2. The City reserves the right to cancel this project for any reason at any
time during the RFP process without incurring any obligations or
liabilities.
3. The City reserves the right to modify the CMAR procurement schedule.
B. SUBMISSION OF QUALIFICATIONS
Registration: The RFP is availabie at the City of Fort Worth Parks and
Community Services Department, 4200 S. Freeway, Suite 2200, Fort
Worth, Texas 76115 or via BuzzSaw through the City of Fort Worth
website at https://projectpoint.buzzsaw,com/
City of Fort Worth Gateway Park East Redevelopment Page 12 of 52
CMAR RFP — One Step
2. Questions: The City will restate and answer Proposers' questions via
group email and any answers to questions, addenda, or amendments
shall also be posted on BuzzSaw. Proposers' questions should be in
writing and emailed directly to the Project Manager, below. The City
does not assume responsibility for not receiving questions from the
Proposers or the Proposers' receipt of any answers, addenda, or
amendments placed via BuzzSaw.
Qualifications Packet: Each Packet should be prepared simply
and provide a straightforward and concise description of the
Proposer's ability to perform the required CMAR services. Emphasis
should be on completeness, clarity of content, resporisiveness to the
requirements, and an understanding of the City's needs. Vague or
misleading statements will be viewed unfavorably.
4. Modifications to Submissions: No modifications to materials that
have been submitted to the City are allowed.
5. Disclosure of Proprietary Information: All materials submitted to
the City become public property and are subject to the Texas Public
Information Act upon receipt. If the Proposer does not desire
submitted information that it considers to be proprietary to be
disclosed, each page must be identified and marked proprietary at
time of submittal. The City will, but only to the extent allowed by
law, endeavor to protect such information from disclosure. Failure to
identify proprietary information will result in all unmarked sections
being deemed non-proprietary and available upon public request.
City will notify any and all Proposers if a Public Information Act
request is received to allow a Proposer to prepare its own response
to protect its proprietary material beyond that which the City is
allowed.
Costs of Preparing Qualifications Packet and/or Proposal: All
costs of preparing the Qualifications Packet and/or Proposal shall be
the sole responsibility of the person or entity submitting the
information.
Further Information and Questions: Information requests and
questions must be submitted in writing and e-mailed no later than
November 19, 2014 at 5:00 pm. Responses to all requests and
questions will be emailed to the Proposers and posted to BuzzSaw by
November 21,2014at5:00pm.
Please direct all questions regarding this RFP with "CMAR RFP" in the
Subject Line to:
Cornell Gordon
Fort Worth Parks and Community Services Department
4200 S Freeway, Suite 2200
Fort Worth, Texas 76115
Cornell.Gordon(a�fortworthtexas.qov
City of Fort Wortn Gateway Park East Redevelopment Page 13 of 52
CMAR RFP — One Step
Anti-Lobbying. Proposers submitting Qualifications and/or Proposals
are prohibited from directly or indirectly communicating, electronically
(email, text, social media, etc.), by phone or in person, with any City of
Fort Worth representative, employee or elected official regarding this
RFP except as provided herein for requests for further information.
9. Submission of Qualifications Packet: Submission Packets
(" P a c k e t s") must be printed on letter- sized (8.5 inch by 11 inch)
paper. Sheets as large as 11 inch by 17 inch may be used for
graphics. Sections should be divided by tabs for ease of reference.
The Packet shall have no more than 30 printed pages (not including
the required forms to be used for experience) using 10 pt. font or
larger for the text. Resumes of key personnel may be included in an
appendix, if desired, not to exceed an additional 25 pages. Each copy
of the Packet must be bound to ensure that pages are not lost. One
(1) original, one (1) electronic (PDF or equivalent) and four (4) paper
copies shall be submitted. An original signature must appear on the
submittal letter. Please mark the document with the original signature
as "ORIGINAL" and indicate "COPY" on the paper copies.
10. Receipt of All Proposal Packets: Sealed envelope or container
marked on the outside with
Gateway Park East Redevelopment
CMAR PROPOSAL
City Project Number 01187
and the Proposer's name and address. Electronic or facsimile
submittals will not be accepted. Packets may be mailed or delivered
(during normal business hours in person, by courier, an express
delivery service or USPS Express Mail) to:
City of Fort Worth Purchasing Department
ATTN: Cornell Gordon
1000 Throckmorton Street
Fort Worth TX 76102
Sealed proposals will be received at the Purchasing Division until 1:30
p.m. CST, Thursday, December 4, 2014, and then publicly acknowledged
at 2:00 p.m; CST` in the City Council Chambers with the name of each
Proposer and the proposed fees and prices for fulfilling the General
Conditions being read aloud.
11. Pre-Proposal Meeting: A pre-proposal meeting was held on
November 13, 2014, at 10:00 a.m. at Gateway Fort Woof Park, 751
Beach Street, Fort Worth TX, which included a tour of the site.
12. Conflict of Interest Questionnaire. Each Proposer must complete
and submit directly to the City Secretary's Office, an original Conflict
of Interest Questionnaire included in the RFQ as Exhibit F. If a
City of Fort Worth Gateway Park East Redevelopment Page 14 of 52
CMAR RFP — One Step
Proposer already has a Conflict of Interest Questionnaire on file with
the City Secretary's Office, a Proposer may so certify to that fact.
13. Financial Statement. Proposers should provide one copy of an
audited financial statement from the current or previous year or, if the
Proposer does not have audited financial statements, the previous
year and current year-to-date financial statements. The single financial
statement should be submitted with the original proposal, and may be
provided in a separate sealed envelope.
Section 6. Content of Proposal and Evaluation Criteria
Proposers shall submit complete responses to all requirements described in this
RFP. Although concise submittals are preferred, proposals must be sufficiently
detailed to demonstrate that the Proposer can successfully deliver the CMAR scope
of services, outlined in SECTION 4 CMAR SERVICES. All items in all tabs shall be
included in each copy of the Proposal. Proposals containing incomplete information
will be rejected.
A. CONTENT OF QUALIFICATIONS PACKET
The Qualifications Packet must contain the following information:
A general description of the Entity or Person that is submitting
qualifications to be considered for the CMAR services. Explain the
organization and provide an organizational chart(s) showing
proposed Project personnel. If it is a joint venture, specify percentage
control of each company.
2. A description stating the understanding of the CMAR services to be
performed for the Project, the commitment to perform the CMAR
services within the time periods allocated (see Sec. 4.B.), and a
statement why the Proposer believes it to be the best qualified firm.
3. The Proposer must identify all key personnel for the proposed
Project team including Project Manager, Superintendent and
management staff and their location, as well as, partners, managers,
other supervisors and specialists, who would be assigned to the
Project. Include the specific staff members of any sub-consulting
firms that are proposed to be assigned to this Project. For each key
person identified, list their length of time with the Proposer and at
least three comparable projects in which they have played a primary
role. Indicate whether each such person is registered or licensed to
practice in Texas, if State law requires licensing or registration. If a
project selected for a key person is the same as one selected for the
Proposer, provide just the project name and the role of the key
person. For other projects provide the following on the forms
attached as Exhibit D:
• Description of Project;
• Role of the person;
City of Fort Worth Gateway Park East Redevelopment
CMAR RFP — One Step
Page 15 of 52
Project's original contracted construction cost and final
construction cost; Project's original contracted construction
schedule and actual construction schedule;
Project date and project owner with reference information
(two current names with telephone numbers per project)
4. The Proposer shall identify at least five similar park trailhead and
boardwalk or decking related projects in which the Proposer served
as CMAR or Construction Manager during design and construction
phases or as General Contractor (declare whether seif-performed as
CMAR). Special consideration will be given to firms that have
provided CMAR services on similar successful projects. For each
project, provide the following information on the form attached as
Exhibit C(making copies as necessary):
• Description of the project;
• Role of the Proposer specifying whether CMAR, Construction
Manager or General Contractor. If CMAR or General
Contractor, identify the percent of work self-performed. Also
specify services provided during design phase, (i.e., cost
estimating, scheduling, value engineering, etc.);
• Project's original contracted construction cost and final
construction cost; Project's original contracted construction
schedule and actual construction schedule;
• Project date and project owner with reference information.
5. Provide audited financial statements from the current or previous year
or, if the Proposer does not have audited financial statements, the
previous year and current year-to-date financial statements.
B. EVALUATION CRITERIA
Not later than the 7th day following the opening of the Qualifications
Packet, the City will evaluate and rank each Proposer based on the
Evaluation Criteria listed below to determine which Proposer offers the
best value to the City. The Qualifications Evaluation Criteria shall be
applied equally to all Proposers and shall be the basis for the
selection of the most qualified Proposer. The City reserves the right to
conduct interviews with the top three ranked Proposers prior to making
its final selection.
2. Qualifications evaluation criteria form for evaluation criteria is attached
hereto as Exhibit J.
The Proposal must contain the following information in the following
order:
a) Cover Letter - Pass/Fail -Not included in page count
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CMAR RFP — One Step
The Proposer's one-page cover letter should clearly state that
the Proposal is valid for 90 days from December 4, 2014 and
should be signed by an individual with authority to commit the
Proposer to the Project. The 90-day period applies to the
Exhibit K.
b) Forms and Certifications - Pass/Fail -Not included in page
count
• The Forms and Certifications in Exhibits A- F are attached for
use in documenting compliance with the City's procurement
process, MBE requirements and for use in preparing the
Proposer's Price Proposal.
c) Proposer's Corporate Experience and Financial Stability - 20
points maximum -Included in page count (Not to exceed 3
pages)
The Proposer snall provide information in a tabular format, for
park or construction projects of similar size, and scope,
including project durations for projects completed or currently
in progress for all owners within the past ten years.
A minimum of five projects shall be presented that best
represent the Proposer's relevant, demonstrated experience
and services requested for the Project. The total number of
projects shall not exceed ten.
The Proposer shall identify its experience in the performance
of Pre-Construction Services which will be required on this
project, specifically (1) working with design engineers in the
preparation of construction documents, (2) value engineering
reviews, (3) preparing cost estimates on partially completed
construction documents, (4) project scheduling, and (5)
developing GMP.
The Proposer shall identify the major work elements/trades of
a typical project and identify if the Proposer has the capability
to self-perform such elements/trades and identify those
elements/trades which it normally self-performs. The listing of
major work elements/trades should include, at a minimum,
demolition, site grading, underground piping installation,
concrete work, masonry, electrical, lighting and landscaping.
d) Pricing of CMAR Services - 20 points maximum -Included in
page count (Not to exceed 2 pages)
• Provide the Preconstruction Phase Services Fee and
Construction Phase Fee as indicated on Exhibit J-
Construction Budget and Fee Proposals.
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CMAR RFP — One Step
e) Qualifications and Experience of Key Personnel (CMAR and
Non-CMAR) - 25 points maximum -Included in page count (Not
to Exceed 5 pages)
Overall qualifications of the Proposer's Key Personnel to
perform the required Preconstruction Phase Services and
Construction Phase Services shall be provided.
Additional information to be provided on Key Personnel should
include roles and major responsibilities and their experience
with CMAR or Non-CMAR project delivery including value
engineering, constructability reviews and (Preconstruction
Phase and Construction Phase Services) and other general
preconstruction services, general construction or construction
management experience.
Include a statement that proposed Key Personnel will be
dedicated and available for the performance of the Project.
Also, state the amount of time on a percentage basis each
Key Personnel will spend during the Preconstruction Phase
and Construction Phase Services. Proposer shall indicate
where Key Personnel have worked together on prior projects.
• Proposer shall provide an organizational chart showing all Key
Personnel and other personnel (either by name or job
category) for both Preconstruction Phase and Construction
Phase Services.
The Proposer will provide a client reference for three of the
projects listed using Exhibit C.
fl Project Approach - 50 points maximum Included in page count
(Not to exceed 12 pages)
Preconstruction Services —15 points maximum
Describe the approach to the successful completion of the
Preconstruction Phase Services. Discuss the potential
benefits from these activities to the overall Project. Use
examples from prior efforts to prove benefits. Identify any
specialize skills or special consideration that Proposer will be
able to provide
Construction Approach —15 points maximum
Describe the approach to the successful completion of the
Construction Phase Services and identify any specialized
skills or special considerations that Proposer will be able to
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CMAR RFP — One Step
provide. Use specific examples.
• Describe in detail how Proposer will coordinate CMAR tasks
with that of subcontractor's tasks, the Owner, Design Engineer
and other professional services that may be involved in the
Project (inspection, materials testing, etc.)
QA/QC and Safetv Plan - 5 points maximum
• Describe in detail in no more than 3 pages how you will
develop and implement your quality assurance/quality control
and safety plans to achieve a successful project.
Cost and Schedule Control - 15 aoints maximum
Provide a cost sheet breakdown (pages do not count) and
describe in detail in no more than 3 pages, how Proposer will
manage and control costs and schedule. Discuss change
management process and how Owner initiated requests will
be addressed.
g) Compliance with the Business Diversity Enterprise
Ordinance — Minority Business Enterprise Participation - 5
point maximum -Included in page count (Not to exceed 1 page)
The maximum points will be determined based Proposer's
response to Item 25 in the Pre-construction Services (page 7)
and, the Proposer's acknowledgement of and commitment to
meeting the overall diverse MBE qoal and commitment to
timely submitting and following the Plan (as defined above) as
well as presentation of evidence of the Proposer's business
diversity procurement practices.
h) Special Consideration -10 point maximum
• Points will be given to firms that have provided CMAR
services on similar successful projects including but not limited
to trailhead, trails, park or pedestrian bridges.
4. Review of Proposals, Contract Negotiation and Release of
Information
The City will select the Proposer offering the best value to the City and
will attempt to negotiate a Contract with that entity. If negotiations fail,
the City will end the negotiations in writing and commence negotiations
with the next-ranked Proposer until a Contract is negotiated or all
candidates are rejected.
Within seven days after the City Council authorizes execution of the
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CMAR RFP — One Step
CMAR Contract, the City will document the basis of its selection and
make the evaluations public.
E. Guaranteed Maximum Price (GMP)
1. The GMP will be established during the Preconstruction Phase Services
based the various works packages, including early works packages
which may be allowed upon request. A Notice to Proceed with full
construction shall not be issued until the GMP bids pricing is established
and accepted by the City. The CMAR assumes the risk of completing the
Work for the GMP and within the allotted Contract time. Cost sharing
arrangements, if any, will be negotiated in the Contract.
2. Prevailing Wages. The City is required to comply with Chapter 2258 (as
amended) of the Texas Government Code. This statute requires, among
other things, all contractors and subcontractors performing public works
contracts for a municipality to:
i. pay the prevailing wage rate as determined by the municipality;
ii. keep records of the name and occupation of each worker, laborer
and mechanic employed by them to work on the Project and the
actual per diem wages paid to each; and
iii. forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer,
worker, or mechanic who is not paid the stipulated wage for the type
of work performed by him as required by the Labor Classification and
Minimum Wage Scale. The City is authorized to withhold the penalty
amount from the CMAR's payment, as provided in the statute.
iv. The prevailing wage rates for this Project must be included in the
GMP calculation and are attached hereto as Exhibit L.
F. CMAR FEES
The CMAR Fees will be evaluated as part of the CMAR selection process. A
Proposer must express its Pre-Construction Phase Services Fee and
Construction Phase Services Fee in the Proposal on the form attached
as Exhibit J.
SECTION 7: AWARD AND EXECUTION OF CONTRACT
A team comprised of City's staff will apply the Evaluation Criteria set forth in
this RFP to rank all the Proposers. Staff will attempt to negotiate a contract
with the top ranked, best-value Proposer and will follow the steps outlined in
City of Fort Worth Gateway Park East Redevelopment Page 20 of 52
CMAR RFP — One Step
Tex. Gov't Code 2269.254 prior to recommending that the City Council award a
Contract to a specific Proposer.
The initial notice to proceed will be for the Preconstruction Phase Services. The
City may or may not elect to proceed with the Construction Phase Services, at
the City's sole and exclusive discretion.
The Contract will contain a termination clause that allows the City to terminate
the Contract after the each phase of services with or without cause or penalty.
SECTION 8: BONDS AND INSURANCE REQUIREMENTS
PerFormance and Payment Bonds. If a fixed contract amount or guaranteed
maximum price has not been determined at the time the contract is awarded,
the penal sums of the performance and payment bonds delivered to the
governmental entity must each be in an amount equal to the Estimated
Construction Budget, as specified in this RFP and on a form acceptable to the
City. The CMAR shall deliver the bonds not later than the 10th day after the
date the CMAR executes the contract unless the CMAR furnishes a bid bond or
other financial security acceptable to the City to ensure that the CMAR will
furnish the required performance and payment bonds when a.guaranteed
maximum price is established.
If any Maintenance Bonds are required, said bonds shall be provided or
procured by the CMAR and shall be in the name of and in favor of the City. All
payment, performance and maintenance bonds issued with respect to this
section shall be provided by a surety authorized to do business in the State of
Texas and in accordance with Texas Gov't Code 2253.
The insurance requirements are specified in the attached Exhibit H.
SECTION 9: MISCELLANEOUS
A. The CMAR will not perForm any phase of services until the City provides
the CMAR with written notice to proceed with that phase. The City may
determine not to proceed with any and/or a portion of the Construction Phase
Services, at the City's sole discretion.
B. To comply with Article 11, Sec. 5 of the Texas Constitution, the City will
include the following funding provision in the Contract:
"Notwithstanding any other provisions of this Contract, if this
Contract provides for the City to make payments to the CMAR in
any fiscal year following the City's fiscal year in which this
City of Fort Worth Gateway Park East Redevelopment Page 21 of 52
CMAR RFP — One Step
Contract begins and the City's City Council fails to appropriate
funds to make the payments, then this Contract automatically
terminates at the beginning of the first day of the successive fiscal
year for which funds were not appropriated, and the City shall not
be obligated to make or have any liability to the CMAR for the
payments."
SECTION 10: PROPOSED SCHEDULE
The following schedule is planned.
Publication of Request for Proposals (1St)
Publication of Request for Proposals (2"d)
Pre-Bid Meeting (10:00 AM)
Deadline for Comments (5:00 PM)
Responses Posted (5:00 PM)
CMAR/RFP Submittals Due
Interviews(as necessary)
(1:30 PM)
Evaluation and Selection of CMAR
CMAR Contract Award
Notice to Proceed (Preconstruction Phase)
Preconstruction Phase Services
Construction Phase Services
City of Fort Worth Gateway Park East Redevelopment
CMAR RFP — One Step
29 October 2014
06 November 2014
13 November 2014
17 November 2014
20 November 2014
04 December 2014
08-10 December 2014
08-14 December 2014
13 January 2015
15 January 2015
19 January 2015
March — December 15, 2015
Page 22 of 52
Exhibit A — Project Location
City of Fort Worth Gateway Park East Redevelopment Page 23 of 52
CMAR RFP — One Step
Site Map
rxl'>r Sni;c;�`R t1tJ� aoFrnrt: t, rlct o;,
SIT� tv1AP
ur,.a�e t;s�o
Exhibit B
Proposal Affidavit
TO: City of Fort Worth, Texas
FROM:
(Proposer's Name)
FOR: City of Fort Worth Gateway Park East Redevelopment
Submitted: , 2014
The undersigned Proposer, in compliance with the Request for Proposals for this Project,
having examined the Request for Proposal Documents and the site of the proposed work,
and being familiar with all of the conditions surrounding the construction of the proposed
Project, including the availability of materials and labor, hereby proposes to perform Pre-
Construction Services and to submit a Guaranteed Maximum Price Proposal to construct
the Project in accordance with the said Documents.
The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City
of Fort Worth, Texas in the form of the Agreement for Pre-Construction and Construction
Services, to furnish all labor necessary to complete the Pre-Construction Services in full
and complete accordance with the reasonably intended requirements of the Pre-
Construction Services Scope of Work to the full and entire satisfaction of the City of Fort
Worth, Texas with a definite understanding that no money will be allowed for extra work
except as set forth in the Contract Documents, to prepare a Guaranteed Maximum Price
Proposal and, if the Guaranteed Maximum Price Proposal is accepted, to amend the
Agreement with the City of Fort Worth, Texas to furnish all necessary products, machinery,
tools, apparatus, means of transportation and labor necessary to complete the
construction of the Work in full and complete accordance with the reasonably intended
requirements of the Contract Documents to the full and entire satisfaction of the City of
Fort Worth, Texas with a definite understanding that no money will be allowed for extra
work except as set forth in the Contract Documents.
The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City in verification of the recitals comprising this Proposal. By
the signature provided below, the signatory affirms that the information provided herein is true
and correct to the best of his/her knowledge and belief.
:
(signature)
Title:
Date:
Corporate Seal:
�I_._.�..�Y 7�.1.1..:]1i�1
STATEMENT OF EXPERIENCE
Using the summary format included below, list and describe Proposer's history of
successful completion of both similarly sized and scoped projects and projects utilizing
the Construction Manager at Risk project delivery method within the past ten (10) years.
Give documentation of three projects that meet the criteria listed in Section 6.A.3.
Additional consideration will be given to projects combining multiple elements listed in
Section 6.A.4.
' •' �
Name of Project: Location:
OWNER's Name and Address:
OWNER's Contact Person (Print):
Phone/Fax No.: /
Initial Contract Price: Final Contract Price:
For Design Projects, Construction
Cost:
Contract Start Date: (Date of Notice To
Proceed)
Contract Time: () Calendar Days () Working
Days Contract Substantial Completion Date:
Actual Substantial Completion Date:
if contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Project Description and Statement of Relevance to this Project:
STATEMENT OF EXPERIENCE (cont.)
Project 2
Name of Project:
OWNER's Name and Address:
OWNER's Contact Person (Print):
Phone/Fax No.: /
_ __ . ___
Location:
Initial Contract Price: Final Contract Price:
For Design Projects, Construction
Cost:
Contract Start Date: (Date of Notice To
Proceed)
Contract Time: O Calendar Days O Working
Days Contract Substantial Completion Date:
Actual Substantial Completion Date:
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Project Description and Statement of Relevance to this Project:
STATEMENT OF EXPERIENCE (cont.)
Proiect 3
Name of Project:.
OWNER's Name
and
Location:
OWNER's Contact Person
Address:
(Print):
Phone/Fax No.: /
Initial Contract Price: Final Contract Price:
For Design Projects, Construction
Cost:
Contract Start Date: (Date of Notice To
Proceed)
Contract Time:
( ) Calendar Days ( ) Working
Days Contract Substantial Completion Date:
Actual Substantial Completion Date:
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Project Description and Statement of Relevance to this Project:
Exhibit D— Proposed Project Key Personnel
Proposed Project
Managers
Or anization Doin Business As
Name of Individual
Years of Ex erience as Pro'ect Mana er
Years of Ex erience with this or anization
Number of similar ro'ects as Pro'ect
Number of similar projects in other positions
� • e -
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
'- - - - • • • • � - .se s • • • - -
• o - -
Name Name
Title/ Position Title/ Position
Or anization Or anization
Tele hone Tele hone
E-mail E-mail
Pro'ect Pro'ect
Candidate Candidate
role on role on
� � . �
Name of Assignment Percent of Time Estimated Project
Proposed Project Superintendent
Or anization Doin Business As
Name of Individual
Years of Ex erience as Pro'ect
Years of Ex erience with this or anization
Number of similar ro'ects as Su erintendent
Number of similar projects in other positions
•�� � _
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
'- - � • r • • - .�r � • � � -
m e - -
Name � Name
Title/ Position Title/ Position
Or anization Or anization
Tele none Tele hone
E-mail E-mail
Pro'ect Pro'ect
Candidate Candidate
_ � � o , �
Name of Assignment Percent of Time Estimated Project
Proposed Project Safety Officer
Or anization Doin Business As
Name of Individual
Years of Ex erience as Pro'ect Safet Officer
Years of Ex erience with this or anization
Number of similar ro�ects as Safet Officer
Number of similar projects in other positions
� � - .- � _
Initial Final Initial Actuai
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
� Date Date
�- - m • � • - • - ,e• e s s o - -
• e -
Name r Name
Title/ Position Title/ Position
Or anization Or anization
Tele hone Tele hone
E-mail E-mail
Pro'ect Pro'ect
Candidate Candidate
rl n r
� � . m
Name of Assignment Percent of Time Estimated Project
Proposed Project Quality Control Manager
Or anization Doin Business As
Name of Individual
Years of Ex erience as Qualit Control
Years of Ex erience with this or anization
Number of similar projects as Quality
Number of similar projects in other positions
� . � �- -
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
'- - � • • e - • .�• • • • • -
� � _ _
Name Name
Title/ Position Title/ Position
Or anization Or anization
Tele hone Tele hone
E-mail E-mail
Pro'ect Pro'ect
Candidate Candidate
role on role on
a . �m b � _
Name of Assignment Percent of Time Estimated Project
EXHIBIT E
Exceptions to Agreement
Location in
Comment ' Suggested Atternate
CMAR Exception and Rationale
Number Language j
Agreement
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Exhibit F— Conflict of Interest Questionnaire
CONFLICT C�F INTEREST QUESTIONNAIRE FORMCIQ
For vendar or ather parson doinc� husiness with local c�avernmental entity
This questinnnai�e refler_ts r..han�7?s made tn the law hy H.B. 1-t91, 86th �e�., Re�ular Sassinn. OFFICEUaEOf�ILY
This questionnaire is being filed in accordance �Nith Chapter 17�, Local Government Cocle C1ate Received
by a person who has a business relationship as defined by Sectian 176.D0�{1-a) with a local
yovernmental entityancl the �erson i7ieete requirement�under Sectiori '176.006(a).
By law this questionnaire must be filed with the records aclministrata- of the lacal yovernn� ental
entity not later than the 7th bi.isiness day after the date the persai becnmes aware of facts
that require the statement to be filed. See Sectian 176.00G, Local Government Code.
A person cammits an offense if the person I<nowingly violates Section 176.QQt3, Lacal
Government Cacie. An offense under this section is a Class C misdemeanor.
� Name of per�on who ha> a bu�iness relationship with local governm�nkal sntity,
z
Check this box if you are filing an �q�date to a previousiy filed questionnaire.
{TI7e law rec�uiras that you file an update<I completa�l q4iestionnaire with the appropriate filing authority not
later than the 7th business day after the date the originaliy filed quesdonnaire becomes incomplete or Inaccuratej
3
Name atiocai gavernment omcerwan wnom mer nas pmpioyment or ausiness reit�tionsnip.
Name of Officer
This section (item 3 including subparts A, 6, L' & U) must be completed for eacl7 o�cer with whom the filer has an
eimployment c�r other business relationship as defii7ed Uy SecBoi7 176.U01(1-a), Local Government Cotle. Attach additioi7al
pages to this Fonn CIQ as necessary.
A. Is the local governi7ient officer named in this sectlon receiving or likely to receive taxable income, other than investment
income, froiii the filer of d7e questlonnaire?
Yes No
B. Is the filer of the questionnaire receiving or lil<ely ta receive taxal�le income, other than investment income, (rom or at the
clirsction of the local governmsnt officer named in thie section AND the taxal�le income i� nat receivesl from the local
gavernmental entity?
Yas No
�. Is the filer of this questionnaire employed by a corporation or other business entiry with respect to which the local
govemment officer serves as an officer or clirector, or holds an ownership of 10 percent or more?
Yes No
D. Uesrrihe each emFiloymant or husiness relationship with the local gavernment offir_ar namacl in this ser_tion.
4
Si�nature oP person doinq business with the �ovemmentai entlty Date
EXHIBIT G
Client Reference Form
Project Name:
Owner's Name:
Owner Contact's Phone Number:
Owner's Contact Name & Title:
Type of Contract (Design/Bid/Build, Design/Build, CM at
Risk, etc.
En ineer/Architect/Construction Mana er's Name:
Engineer/Architect/Construction Manager's Phone Number:
Engineer/Architect/Construction Manager's Contact Name &
Title:
Ori inal Contract Value / GMP of Pro'ect:
Cost Savin s identified:
Final Contract Value of Pro'ect:
Project Description:
Ori inal Pro'ect Duration:
Ori inal Pro'ect Com letion Date:
Actual Pro'ect Com letion Date:
Explanation for later project completion date or contract value overrun, if applicable:
List Major Subcontractor's; names, contact phone numbers
List Major Material Suppliers' names, contact phone numbers
EXHIBIT H
Bonds and Insurance Requirements
Bonds - Construction Phase Performance, Pavment and Maintenance:
Performance, Payment and Maintenance bonds shall be issued on forms provided by the City
and issued as per Section 5.02 of the General Conditions.
Bond forms are available on BuzzSaw.
Insurance
Preconstruction Phase Services:
CMAR shall not commence work under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMAR's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to Cornell Gordon, PACS, at the address
specified above prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days'
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days' notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs for
CMAR's insurance.
i. CMAR's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, CMAR shall report, in a timely manner, to City'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.
k. CMAR's liability shall not be limited to the specified amounts of insurance required
herein.
I. Upon the request of City, CMAR shall provide complete copies of all insurance
policies required by these Agreement documents.
Construction Phase:
Insurance is to be provided as specified in Article 5 of the General Conditions (GC-5.03 et
seq.) with limits as detailed below:
The limits of liability for the insurance required by Paragraph GC-5.04, Contractor's Insurance,
shall provide the following coverages for not less than the following amounts or greater where
required by laws and regulations:
GC-5.04A. Workers' Compensation
Statutory limits
Employer's liability
$100,000 each accident/occurrence
$100, 000 Disease - each employee
$500, 000 Disease - policy limit
GC-5.04B. Commercial General Liability
Commercial General Liability shall be on a per project basis covering the Contractor with
minimum limits of:
$1, 000, 000 each occurrence
$2, 000, 000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work
package, if more than one.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
GC 5.04C.Automobile Liability
Automobile Liability, shall be in an amount not less than the following amounts:
Automobile Liability - a commercial business policy shall provide coverage on "Any Auto"
defined as autos owned, hired and non-owned.
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250, 000 Bodily Injury per person /
$500, 000 Bodily Injury per accident /
$100,000 Property Damage
- Exhibit I -
SAFETY HISTORY TABLE
2012 '2011 2010
A i Total Number of Field Man-Hours
B;; Number of Recordable Incidents with no
lost time accidents
C` Number of Recordable Incidents with lost
time accidents
Total Recordable Incident Rate (TRIR)
D
(B+c� x �Zoo,000� i a
E Number of Fatalities
F Published Experience Modification Rate
(EMR)
Provide documentation to support the above Experience Modification Rate information. Either
of the following methods are acceptable:
• Letter from insurance agent, insurance carrier, or appropriate government agency
(on their letterhead) verifying the modification rate.
• Copies of the Experience Rating Calculation Sheets for each of the above years that
your insurance carrier forwards to you annually.
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide
OSHA 300 logs for each of the past three years.
Exhibit J
Construction Budget and Fee Proposals
The City's construction budget for this Project is: $$2,053,000.00
Fee Proposals:
Proposer's Proposed Fees
Pre-Construction Services
Minimum Fee $25,000.00
Additional Fee (Proposer's discretion, $
cannot be ne ative
Total Pre-Construction Services Fee $
Construction Services
Fee (expressed as a
ercenta e of GMP
Additional Cost Sharin if an
Total $
Note: Only theTotal Pre-Construction Fee and Construction Services Fee percentage will be
read publicly at the time the RFP packet is opened.
��m:r�:�
, . -.
1. Cover �etter Pass/Fail
2. Forms and Certifications Pass/Fail
3. Proposer's Corporate Experience and Financial Stability: related CMAR and
non-CMAR project delivery experience, including safety record, self-performance
capabilities, financial qualifications, corporate history of litigation and the forms of
dispute, and history of completing projects on time. The Firm can demonstrate Maximum
relevant and recognized project delivery experience through using various project 20 points
delivery techniques and best practices. The Firm explains the benefits of that
experience in terms of value for the City's project and provides a current
Company Financial Statement.
4. Pricing of CMAR services (Pre-Construction Services Fees) Maximum
20 points
4. Qualifications and Experience of Key Personnel: Demonstrated results and
success with of projects of similar size and scope (CMAR and Non-CMAR
Experience): Proposer's relevant experience in project delivery including: value
engineering, constructability reviews, value analysis and best practices in
construction delivery methods (design/bid/build, construction management at risk
and design-build) and associated Pre-Construction Services. The team's value
proposition is clearly communicated through experience, results and assigned Maximum
roles and responsibilities. ° 25 points
CMAR and non-CMAR experience is recognized when the team can demonstrate
experience in various delivery techniques and, explain the benefits of that
experience in terms of value for the City's project.
Include Client References for Similar Work Performed and Proposed Project
Team's Ca acit , ex erience and workload.
5. Project Approach
Pre-Construction Services: Team's approach to performing pre-construction Maximum
phase services, integration with the Owner's design firm, controlling schedule 15 points
and budget to meet GMP and meet or exceed delivery timeline.
Construction Approach: Team's approach to quality assurance/quality control Maximum
during construction, approach to dealing with change orders from sub- 15 points
contractors, dealing with delivery impacts (i.e. adverse weather, operational
issues, etc.), working with stakeholder and customer communities, and achieving
ro�ect close-out to meet or exceed construction timeline.
QA/QC and Safety Plans: Demonstrated development and implementation of Maximum 5
Quality Assurance/Quality Control and Safety Plans to achieve successful points
projects.
Maximum
Cost and Schedule Control: Submission of a GMP that has Managed and 15 points
controlled costs and schedules with a change management process. Addressed
Owner-initiated re uests.
6. Compliance with the Business Diversity Enterprise Ordinance — Minority
Business Enterprise Participation: CMAR provides track record of proven
results in meeting MBE commitments on other projects. CMAR demonstrates Maximum 5
approaches to engage MBE community for meaningful roles during construction points
phase.
7. Speci�l Con�ideraiion for �ucce�sful ��AR �e�vvice� contrac�� Maximum
10 oints
TOTAL
.�:�'7�:7�i�
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ZU13 PREYAIUIV� WAGE RAI�
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Page 1 qf �
Attachment 1
AGREEMENT
•: .. �: ��� �
ATTACHMENT 2
GENERAL CONDITIONS FOR CMAR PROJECTS
(to be supplied by Addendum)
ATTACHMENT B
CMAR's Written Proposal
Inciuding
Revised RFP Exhibit J Funding/Budget
CMAR — PACS — Gateway Park Improvements Page 11 of 13
�i: ' ��i '�
� � o
a
FAIN
The Fain Group
P.O. Box 750
Fort Worth, TX 76101
Phone: 817-927-4388
F�c: 817-927-4389
www.faingp.com
Gateway Park East IZedevelapment
CM.AR PROPOSAL
City Project. Numlber �118�
FAIN
Bulding RelaUonships
Constructing Fulures
P.O. Box 750
Fort Worlh, TX 76101
817•927-4388
817-927-0389 Fau
www.faingp.com
December 04, 2014
Cornell Gordon
City of Fort Worth Purchasing Department
1000 Throckmorton Street
Fort Worth, TX 76102
Re: CMAR — City of Fort Worth Gateway Park East Redevelopment
Mr. Gordon:
Our company has worked with the City of Fort Worth in the past on successful projects
and we hope that we can continue that relationship. The strengCh of our submittal is
centered on oux experienced, capable, and knowledgeable staff that is fanniliaz� with park
facility construction.
Our firm is based in Fort Worth and has com.pleted multiple projects for the City of Fort
Worth. We are conf'zdent that the review of this document will demonstrate our team's
capabilities and reputation for quality, cost concise and timely projects. We look forward
to being part of the Gateway Park Redevelopment.
This proposal shall be valid for a period of 90 days from the date of December 4, 2014.
We hope that you will review the attached response and should you have any questions
please contact us.
Sinc rely,
�
�L� Frazi ��
President
��� �� � '�� � � ��� � �� � ,,�, � � �
°'° �+'�rms ��nd C;erti�icat�ions
�
>
��° I's�opose�•'s t;o�•por�ate I�:xpc�•icncc ��nti I+in�tnci�il 5tability
��� I'�•icing of C".t�'��It services (�'re-Constx•uction �iez•vices Fees)
°:� �ualr#`i�:si�ians and I+.;epe�•ie�ncc of��I�e�� I'e�•sonn�i
a�� �l'r�ject App�•t�ac��
�>� iVI131; `I'lan: C'nn�pli�incc ��-itii the Iiu�il�ess .I�iv�i•sity �[�,�ite�•pz•ise Ordiz��t�3ce
11�Iina�•ity 13t�siness �I�.nferpi•ise Participation
°>° S�aecisii C;onsitler��ian forS�iece�sfirl �:t'Vi��R sea-vices c��ntracts
's'a E�P�}CT1tIlY
�� %'�na�ncistl Statsn�enf
� Resrimes
FAIN
Exhibit B
Proposal Affidavit
TO: Ciry of Fort Worth, Texas
FROM: The Fain Group, Inc.
(Proposer's Name)
FOR: City of Fort Worth Gateway Park East Redevelopment
Submitted; December 4 , 2014
The undersigned Proposer, in compliance with the Request for Proposals for this Project,
having examined the Request for Proposal Documents and the site of the proposed work,
and being familiar with ali of the conditions surrounding the construction of the proposed
Project, including the availability of materials and labor, hereby proposes to perform Pre-
Construction Services and to submif a Guaranteed Maximum Price Proposal to construct
the Project in accordance with the said Documents.
The Proposer proposes and agrees, if this Proposal is accepted, to contract with the City
of Fort Worth, Texas in the form of the Agreement for Pre-Construction and Construction
Services, to furnish all labor necessary to complete the Pre-Construction Services in full
and complete accordance with fhe reasonably intended requirements of the Pre-
Construction Services Scope of Work to ihe full and entire safisfaction of the City of Fo�t
Worth, Texas with a definite understanding that no money will be allowed for extra work
except as set fo�th in the Contract Documents, to prepare a Guaranteed Maximum Price
Proposa! and, if the Guaranteed Maximum Price Proposal is accepted, to amend the
Agreement with the City of Fort Worth, Texas to furnish all necessary products, machinery,
tools, apparatus, means of transportation and labor necessary to complete the
construction of the Work in full and complete accordance with the reasonably intended
requirements of the Contract Documents to the fuil and entire satisfaction of the City of
Fort Worth, Texas with a definite undersianding that no money will be allowed for extra
work except as set forth in the Contract Documents.
The Proposer hereby authorizes and requests any person, firm, or corporation to furnish any
information requested by the City in verification of the recitals comprising this Proposal. By
the signature provided below, the signatory affirms that the inforrnation provided herein is true
and correct to the best of his/her knowledge and belief.
By:
(si tur
Title: President
Date: 12/4/2014
Corporate Seal:
EXHIBIT C
STATEMENT OF EXPERIENCE
Using the summary format included below, list and describe Proposer's history of
successful completion of both similarly sized and scoped projects and projects utilizing
the Construction Manager at Risk project de(ivery method wifhin the past ten (10) years.
Give documentation of three projects that meet #he criteria listed in Section 6.A.3.
Additional consideration will be given to projects combining multiple elements listed in
Section 6.A.4.
. -.�
Nalll@ Of Pt'OJE;Ct: Downtown Streetscaping 8t Andy K Wells Trail LOCatlOtl: ICilleen, Texas
OWNER'S Name and Address: etry oEtciieen, 200 Ave. D., Killeen, TX 76541
OWNER's Contaef Person �P�Itlt�: George Lueck
PilOf18/FaX NO.: 254-501-7624 / 254-501-7621
Initial Contract Price: s,zs�,io3 Final Contract Price: 5,s�x>967
For Design Projects, Construction
COSt: N/A
Contract Start Date: 9/3o/2oxz (Date of Notice To
Proceed)
Contract Time: s6o () Calendar Days ( x) Working
Days Contract Substantial Completion Date: • iz/so/2oi3
Actual Substantial Completion Date: ia�ao�zoi3
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
Time extensions were granted for this project due to changes to the scope of work added by the City of Killeen
Project Description and Statement of Relevance to this Project:
A maior consideration for this project was the concrete trail project that tied the downtown streetscape project
we were constructing to the Andy K. Wells Park. The trail consisted of almost 2 miles of concrete walks
through the park and over an existing creek and a prefabricated bridge that was constructed as part of the
project as well. The project also included extensive streetscape and street improvements to the historic
downtown district including new light fixtures, concrete walls, landscaping, median improvements, and brick
pavers. This project was awarded throuRh a competitive sealed bid process. Our firm partnered
appro�cimate(y 25% of this project with our own forces.
STATEMENT OF EXPERIENCE (cont.)
Project 2
Name of Project: Switzer Park LOCafioll: Sanger> Texas
OWNER's Name and Address: 502 Elm Street, Sanger, TX 76266
OWNER's Contaet Person (Pt'int): Mike Brice
PllOtle/FaX N0.:940-458-7930 / �
Initial Contract Price: sis,056 FII1aI COt1t1'aCt PCIC@: 493749
For Design Projects, Consfruction
Cost: stia,
Confract Siari Date: 3iisian�4 (Date of Notice To
Proceed)
Contract Time: iso ( x) Calendar Days O Working
Days Contract Substantial Completion Date: �iaiao�4
Actual Substantial Completion Date: �i�i2o�a.
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
N/A
Project Description and 5tatement of Relevance #o this Project:
This �2r��ect was a s raygro �nd fa .ilitv dnnP iinc�er a CMAR nmcese. The �r �'ect concieted of the removal of
the City of Sanger's existing community pool and replacing that with a more user friendly and cost effective
sprayground. An initial GMP was established at a number below the City's initial budget. Throughout the
construction process we were able to value engineer the project and increase the scope of work at the same
time all the while deIivering a revised GMP at the end of the project that was an additional 5% savings for the
City of Sanger.
STATEMENT OF EXPERIENCE (cont.)
Proiect 3
Na1118 Of PCOJeC�; Safari Splash Aquatic Play Area Location: Fort Worth. TX
OWNER's NameFortworchzoo and Address:
1989 Colonial Parkway, Fort Worth> TX 76109 OWNER�S Contact Person
(Pt'lllt); Leah Gilbert
PIlOI1G/FaX NO. 817-566-9226 / 817-339-2913
Initial Contract Price: �.3ss.3a� Final Contract Price: 1>5oa>�4i
For Design Projects, Construction
Cost: NiA
Contract Start Date: 4l25/2014 (Date of Notice To
Proceed)
ContractTime: 3so (x) Calendar Days () Working
Days Confract Substantial Completion Date:
Actual Subsiantial Completion Date: siivaois
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
N/A
Project Description and Statement of Relevance to this Project:
Safari S�lash was awarded to ot�r firm throug� ��InDe++++��P a��,���al format Ite ma;or relevance to
the Gateway Project is a large boardwalk and bridge stracture that spans the creek that bisects the zoo itself. It
is a concrete piered, wood framed composite deck structure that connects the splash park to the zoo. Other
features of the project are 2 large cast in place concrete retaining walls with architectural liner that forms the
backdrop to the waterfall feature oE the spray park. Three new buildings including a bathhouse, concession
buildinQ and a flltration buildin� were also constructed. Our firm performed approximately 40% of this
project with our own forces.
STATEMENT OF EXPERIENCE (cont.)
Project 2
Name of Project: Cobb Park Phase I Improvements Location: Fort worth> Tx
OWNER'S Name and Address: ciry of�ort worth, 4200 South Frwy, Fort Worth, TX 76115
OWNER's Contact Person (Print): Scott Penn
Phone/Fax No.:si�-39a-s�so /817-392-5724
Initial Contract Price: 2,698,�a4 Final Contract Price: 3,2ai,244
For Design Projects, Construction
COSt: N/A
Contract Start Qate:2lis/2olz (Date of Notice To
Proceed)
Contract Time: 240 (x ) Calendar Days O Working
Days Contract 5ubstantial Completion Date: 330
Actual Substantial Compietion Date: 320
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a short explanation of each.
, ,(�nother �hase of this �ro�;ct in a se; erate area of the nark was awarded to us by cj�a�gQ�rder increasing
our time for the additional work,
Project Description and Statement of Relevance to this Project:
This project consisted of the refurbishment and improvements to the existing Cobb Park located in Fort Worth.
More than a mile of concrete trails were constructed connecting different areas of the par , 3 seperate pav' ion
structures, soccer fields, a playground area and 2 parking areas were constructed as well. The access to the park
were major portions of the work A road through the park connecting both portions of the site along with a
conspan bridge and entrance enhancements were completed as well. This project was conducted under the
competitive bid process. During the second phase of the project we were awarded an addition to our project
scope. a ue engtneering components were price an put ort unt� a n get num er was esta is e or t e
second phase. Approacimately 10% of this project was performed by Fain own forces.
STATEMENT OF EXPERIENCE (cont.)
Pro1ect 3
NalTte Of Pt'OjeCt: Lalce Carolyn Promenade LOCatI0I1: Irving, TX
OWNER's Name City of Irving 825 W. and Address:
Irving Blvd., ir�ing, TX 75060 OWNER's Contacf Person
(PI'Itlt�: Gene Mouldon
Phone/Fax No.: 9�z-�zl-zsoz / 9�a-�ai-a6sa
Initial Contract Price: 2,iso,6ii Final Contract Price: 2,zoi,�ia
For Design Projects, Construction
COSt: N/A
Contract Start Date: i/s/2oio (Date af Notice To
Proceed)
Contract Time: s2o (X ) Calendar Days () Working
Days Contract Substantial Completion Date: iz/s/2oio
Actual Substantial Completion Date: ii/is/aoio
If contract completion time extensions were added to the contract as a result of FIRM's
responsibilities, provide a shor� explanation of each.
N/A
Project Description and Statement of Relevance to this Project:
Lake Carolyn Promenade was an extensive trail project along the banks of Lake Carolyn in Las Calinas. The
trai actua y ung over t e existing sea wa of t e a e. T e project a so incorporate severa site amenitites
as well as two elaborate entry features to the promenade itself. The walk itself was a combination of brick
pavers and concrete paving for appro�cimately 1 mile around the lake. This project was constructed under
the competitive bid process. Almost 75% of this project was performed by our own forces.
Exhibit D— Proposed Project Key Personnel
Proposed Project
Managers
Or anization Doin Business As The �'ain Group, znc .
Name of Individual Jason Littleton
Years of Ex erience as Pro'ect Mana er 1�
Years of Ex erience with this or anization 5 months
Number of similar pro'ects as Pro'ect 4
Number of similar projects in other posifions o
� � - a- -
Initial Final Initial Act �� �" ��ry �
ual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
West Rosedale Bike/Pedestrian $3244,347 $4,053,318 11/7.5/14 10/30/14
Road renovatipn and
beautification project
Frisco Soccer Complex $435,000 $585,600 08/15/05 06/30/05
New soccer stadium and
outlying field park
Beal Aerospace Test Site $4,200,000 $5,650,000 05/2000 OS/2000
Rocket engine tes� facility
'- - - a � 0 a - o -.00 0 0 o g -
e o -
Name Patrick Buckley Name Scott McFarland
Title/ Position Pro `ect Mana er Title/ Position vP of Engineering
�t' anization Clt of F'oY't Worth �1' anization Beal Aeros ace
Tele hone 817-392-2443 Telephone 972-668-2000
E^mail Patrick.8uckle}rofortcaorthgov.org E-m ail smcEarlandobealaerospace.com
Pro'ect West Rosedale pl'O�E.'Ct Bea1 Aerospace
Candidate Proj eCt MaxlageY' Candidate Vp of Engineering
role on role on
... m B „ . p C _
Name of Assignrnent Percent of Time Estimated Project
Little Elm - Beard Par]c 300 05 2015
Nortwest Communit Park 10a 03 2b15
Proposed Project Superintendent
Or anization Doin Business As 2he Fain Grou , znc.
Name of Individual Eddie Lewark
Years of Ex erience as Pro'ect 34
Years of Ex erience with this or anization 6
Number of similar pro'ects as Superintendent 15
Number of similar projects in other positions o
� e a- -
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Magnolia Urban Village $1,227,223 $1,434,599 12/2013 07/2014
Curb & Gutter, Pavement, Sidewalks,
Pavers, Ramps, Pedestrian Light PolesJ
Assemblies, Light Pole Foundations,
Conduit, Conductors, Landscaping/
Irrigation, Pavement Markings
Dovmtown Stree�scape & Trai1 Ext. $5,187,103 $5,187,103 07/2012 02/2014
Historic downtown streetscape includin
concrete walks, landscaping, brick
pavers, water services,, & asphalt
paving
Lake Carolyn Promenade $2,�g0,611 $2,199,720 02/2010 10/2010
Streetscape improvements consist-
ing of sidewalk, site amenities,
landscaping & irrigation
"'- ^- 0 8 � a 0 - .oe o s e a - -
0 0 - -
Name , rPaul Roach Name Geor e Lueak
Title/ Position En ineer TItI@/ POSIt1011 7�ssistant �it En ineer
�r anization Cit of Fort Worth Or anization c�� of x���een
Tele hone 8I7-354-4935 Tele hone 254-501-7624
E-mail aul.roach2fortworthtexas. ov E-m ail lueck@killeentexas. ov
Pro'ect Magnolia Urban Village Pro'ect Downtown SS & Trail Ext.
Candidafe Engineer Candidate Engineer
role on role on
- � � - � o -�'
Name of Assignment Percent of Time Estimated Project
Cedar Crest Bridge & Gateway Improvements 100� 12/31/2014
Proposed Project Safety Officer
Or anization Doin Business As The Fain Grou inc .
Name of Individual Dou McClain
Years of Ex erience as Pro'ect Safet Officer 10
Years of Ex erience with this or anization Zo
Number of similar ro'ects as Safet OfFicer 30
Number of similar projects in other positions 20
° o - o
Initial Final Initial Actual
Praject Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Cobb Park Phase I Improvements
New entry road and playground $2�698,784 $3,293,881 04/2012 09/2011
facilities
9th Street Pedestrian & SCreet5cap $2,611,673 $2,788,382 02/2-011 01/2011
Landscaping, brick pavers,
construction and amenities in
downtown Fort Worth
Barbara Iiitzelberger Park $ 709,000 $ 724,444 O1/2008 04/2008
Tndonesian s�one fountain with
irrigation, decomposed granite and
stone scathing
�- - - - o o • � - 9 .�o � o e o -
ea - -
Name 5cott Penn Name Paui Roach
Title/ Position Senior Landscape Architect Title/ Position Engineer
�P anization cit of Fort worth �C' anization Cit of Fort worth
Telephone 817-392-5724 Tele hone ss�-662-i2i1
E,m ail scot�. enn@fortworth ov.or E-m ail aul.roach2fortworthtiexas. o
Pro'ect Cobb Park Phase I Im vts Pf0 8Ct 9th Street Ped & StreeCsca e
Candidate Architect Candidate Engineer
role on role on
� 4- , a -
Name of Assignment Percent of Time Estimated Project
Cedax Crest Bridge & Gateway Improvement 10 12/2014
Northwest Community Park Development 10 07/2015
I,a Prada Drive Im rovements 10 04/2015
Proposed Project Quality Control Manager
Or anization Doin Business As The Fain Grou , znc .
Name of Individuai Dou Mcclain
Years of Ex erience as Qualit Confrol 2 0
Years of Ex erience with this or anization 3 0
Number of similar projects as Quality 20
Number of similar projects in o#her positions 2 0
0,0 - o- -� -
Initial Final Initial Actual
Project Name and Description Contract Contract Contract Contract
Price Price Completion Completion
Date Date
Cobb Park Phase I Improvements
New entry road and playground $2�698,784 $3,293,881 04/2012 09/2011
facilities
9th Street Pedestrian & Streetscap
Landscaping, brick pavers, $2�611;673 $2,788,382 02/2011 Ol/2011
construction and amenities in
downtown Fort Warth
Barbara HiCzelberger Park $ 709,000 $ 724,444 O1/2008 �4/2008
Indonesian stone £ountain with
irrigation, decomposed granite and
stone scathing
� ' 0 9 8 0 9 .00 fl 0 0 9
' 0 � ' ' '
Name Scott Penn Name Paul Roach
Title/ Position Senior Landsca e Architect Title/ Position En ineer
i�t' anization cit of sort worth Or anization Cie of Fort worth
Tele hone �_ 2_57 Tele hone a��-6 z-�a�
E-mail E-mail �
Pro'ect Pro'ect
Candidate Architect Candidate
Engineer
role on role on
_ m. . 0 � ' � � q � ^ .
Name of Assignment Percent of Time Estimated Project
Cedar Crest Brid e& Gatewa Im rovement 10 12/2014
Northwest Communit Park Develo ment 10 07 2015
La Prada Drive Im rovements 10 04 2015
EXHIBIT E
Exceptions to Agreement
Location in
Comment ' Suggested Alternate
CMAR Excepfiion and Rationale
Number Language
Agreement
1
No Exceptions Taken
2
3
4 '
5
6
7
8
9
10
11
12
13
14
15
16
Exhibit F— Conflict of Interest Questionnaire
CONFLICT rJF INTEREST QUESTIONNAIRE FORMCIQ
For vendor ar other person doing business vrith locai governmental entity
This r�uestionnaire reller�s r_hanges marJe tn the law h� H B. 1491, `r,Oth L?g., Regular S?ssion. OFFICEU3EONLY
Thfs questionnaire is heing flled in accordanCe with Chapter �176, Locai Goverhm ent Code Da[c Receioed
by a person �roho has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person m eets requirementsunder Section 176.006(a).
By law this questionnaire m ust befiled �vith the records administrator of the local governm ental
entity not later than the lth Ixisiness day after the date the person hecnmes aware offacts
that require the statement to he filed. See Section 1 i6.006, Locai Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Governm ent Code. An offense under this seeTfon is a Ciass C misdem eanor.
� Paame of per�on who ha� a hu3inoss relationship with locai governmantal entity.
N/A
z
Checktliis box ifyou are filing an updatsto a previously filed qusstionnaire.
(The law requir�s Niat yoU file an updated completed questionnaire with the appropriate filing authority ❑ot
N/A later dian the 7th business day after the ciate Uie originaily filed questionnaire becomes incomplete or inaccurate.)
3
ivatre otlocai government omcerwun tivnom mer nas emp�oyment or businoas reiQnon�itip.
N/A
_.._�..�_—__..__....�.,- -----____.__.---.__---,---
Name of Officer
This section (item 3 including subparts A, B, C& d) must be completed for each officer with whom the filer has an
employment ar other business relationship as defined by Sec6on 1'76,001{1-a), Local Government Code. Attach addiNonal
pages to this Form CI4 as necessary.
A. Is tlie local govemment officer named in this section receivfng or Iikely to receive taxab�e tncome, other than (nvestment
income, from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
diroction of the local governmont officcr named in thi� soction AND tho taxablo incomo ie not received from tho local
govornmvntal entity?
Yas Na
C. Is the filer of thls questionnaire employed by a corporation or other business entlry wlth reshect to which the local
govemment o(ficer serves as an Ufficer or c6rector. or holds an ownership of 10 percent or more?
Yes No
G. Uascrihe aar.h emnloyment or husiness retationship with the local governma_nt officer named in d�is ser_tion_
4 Th ain oup, Inc.
12/04/14
pnatu e or person n� buslness v�ith the Qovemmenta� entitv �ate
Lar Frazier, President
EXHIBIT G
Client Reference Form
Project Name:
Fris�o Athletic Center
Owner's Name:
City of Frisco
Owner Contact's Phone Number: 214-876-8658
Owner's Contact Name & Title: Dud1e Ra ond Parks Director
Type of Contract (Design/Bid/Build, Design/Build, CM at sest value Proposal
Risk, etc.)
En ineer/Architect/Construction Mana er's Name; ximle -xorn & Associates
En ineer/Architect/Construction Mana er's Phone Number: 214-420-5680
Engineer/Architect/Construction Manager's Contact Name & Austin Powers, Engineer
Title:
Ori inal Contract Value / GMP of Pro'ect: 6 355 0��
Cost Savin s Identified: -p-
Final Contract Value of Pro'ect: 5 355 0��
Project Description:
Expansion to the existing aquatic
center, lazy river expansion,
play features, concession stands
and ticket booths
Ori inal Pro'ect Duration: 3 90 Da s
Original Pro'ect Completion Date: 0 5 2 015
Actual Project Completion Date; 05 2015
Explanation for later project completion date or contract value overrun, if applicable:
List Major Subcontractor's; names, contact phone numbers
The Anchor Group, Inc.
American Striping Company
Southern Legacy Landscapes
E1 Cala Construction LLC
R & A Masonry, Inc.
Lon Smith Roofing, Inc.
Alliance Glass and Mirror, Ltd.
Chas. F. Williams Co., Inc.
USA Shade & Fabric Structures, Inc
Sunbelt Pools, Inc.
Bean Electrical, Inc.
Tejas Commercial Construction, LLC
JDK Associates, Inc.
CBS Mechanical Services, Inc.
Johnson & Sons, Inc.
W.O.E. Construction, Inc.
Parmer Construction Company, LLC
Fencing
Striping/Signage
Landscape/Irrigation
Concrete
Masonry
Roofing
Windows
Accessories
Shade Structure
POO1
Electrical
UtiliCies
SegmenCed Wall
HVAC
Floor Coating
Sealants
Wood Framing
Artie Me]ton
William Richmond
Lee Gandy
Julio Arciga
Andrea Alaniz
Bill Sellers
Gary Lane
Kevin Hutchins
Zach Thomas
Rob Morgan
Chip Sean
Charles Allen
Greg West
Richard Boldin
Chris Johnson
Billy King
Lance Lewellen
817-652-1900
972-557-8565
972-824-7514
817-271-3640
214-398-5703
817-926-6400
817-379-1936
817-332-6363
214-306-'7097
214-343-1133
817-561-7400
817-901-8499
940-686-6236
940-383-4357
972-881-0391
817-284-7401
469-728-7221
List Major Material Suppliers' names, contact phone numbers
HMC West Corporation Trusses/Beams C1iEf Edwards 972-335-2999
EXHIBIT G
Ciient Reference Form
Project Name:
Safari Splash Aquatic Play Area
Owner's Name:
Fort Worth Zoo
Owner Contact's Phone Number:
Owner's Contact Name & Title: �, il r �
Type of Contract (Design/Bid/Build, Design/Build, CM at construction Manager at Risk
Risk, etc.
En ineer/Architect/Construction Mana er's Name: Dunaway & Associates
En ineer/Architect/Construction Mana er's Phone Number: 817-335-1121
Engineer/Architect/Construction Manager's Contact Name & Adam Brewster, �ngin.eer
Title;
Original Contract Value / GMP of Project: $l, 358, 347
Cost Savin s Identified: -o-
Final Contract Value of Pro'ect: $1, 35s, 347
Project Description: splash park, pedestri�an bridge,
ba�h house, concession stands
and board walk
Ori inal Pro'ect Duration: 2 � o Days
Original Project Completion Date: 03/2015
Actual Pro�ect Completion Date: 03/2015
Explanation for later project completion date or contracfi value overrun, if applicable:
List Major Subcontractor's; names, contact phone numbers
H.V.A.C. Technical, Inc.
The Anchor Group, Inc.
Meade Servicing Group, Inc.
Ken's Quality Millwork, Inc.
Lon Smith Roofing, Inc.
Artex Overhead Door Company
Excel Commercial
Business Flooring Specia].ists
Box Mechanical Services
Bean Electrical, Inc.
A-Star Masonry and Stucco, LLC
Tejas Commercial Construction, LI,C
Acapulco Deks, LLC
Knickerbocker Partition Corporation
JAG Iron Works, LLC
W.W. Drywall, Inc.
HVAC
Fencing
SWPPP
Millwork
Roofing
Doors
Painting
Flooring
Plumbing
Electrical
Masonry
Utilities
Pool Deck Coating
Partition
Metals
Drywall
Larry Love
Artie Melton
Bobby Dixon
Ken Vaughn
Bill Sellers
John Conner
Don Johnson
Paul Dennis
Gary Box
Chip Hean
Daniel Morales
Charles Al1en
Gustavo
Pierce Sma1e
Gary McElyea
John Caster
817-428-0124
214-350-1900
469-628-8070
817-996-8731
817-926-8400
81�-467-4550
817-267-8733
817-282-1600
817-341-0025
817-561-7400
972-557-4186
817-901-8499
817-637-7$19
972-438-5330
817-676-3353
817-239-5300
List Major Material Suppliers' names, contact phone numbers
HDS White Cap Construction Miscellaneous Monte Scott 972-438-3323
Harnsco, Inc. Steel Greg Forbess 817-740-2400
TarranC Concrete Concrete Frank Hames 817-992-5660
�:�:rr:3�i�
Client Reference Form
Project Name:
Switzer Park
Owner's Name;
City of Sanger
Owner Contact's Phone Number: 940-458-7930
Owner's Contact Name & Titie: Mike Brice cit Mana er
Type of Contract (Design/Bid/Buiid, Design/Build, CM at construction Manager at �.isk
Risk, etc.
En ineer/Architect/Construction Mana er's Name: Dunkin sims stoffels znc.
En ineer/Architect/Construction Mana er�S PhOtle NUtllbei': 214-553-5778
Engineer/Architect/Construction Manager's Contact Name & Dennis sims, Architect
Title:
Original Contract Value / GMP of Project: s15 056
Cost Savin s Identified: 21 30�
Final Contract Value of Pro'ect: 493 7�9
Project Description: Park improvements including the
addition of a spray park,
pavilions and landscaping
Ori inal Pro'ect Duration: 15 0
Original Project Completion Date: 07/04/14
Actual Project Completion Date: o� ol 14
Explanation for later project completion date or contract value overrun, if applicable:
List Major Subcontractor's; names, contact phone numbers
Alliance Geotechnical Group, Inc.
Star Outdoors, Inc.
L.J. Design & Construction
Bean Electrical, Inc.
Vortex USA, Inc.
Tejas Commercial Construction, LLC
Material Testing
Landscape/Irrigation
Shelter
Electrical
Splash Pad
F7ater Line
Robert Nance 972-444-8889
Damon Cobb 214-909-8158
Lisa 4ioolsey 817-999-6085
Chip Bean 817-561-7400
Eric Montgomery 972-410-3619
Charles Allen 817-901-8499
List Major Material Suppliers' names, contact phone numbers
Bartel Redi-Mix Concrete 817-835-4100
Barnsco, Inc. Steel Greg Forbess 817-740-2400
HDS White Cap Construction Misoellaneous Material Moate Scott 972-438-3323
EXHIBIT G
Client Reference Form
Project Name:
Cobb Park Phase I Park Improvements
Owner's Name:
City of Fort Worth
Owner Contact's Phone Number: 817-392-5750
Owner's Contact Name & Title: scott Penn, senior Ls Architect
Type of Contract (Design/Bid/Build, Design/Build, CM at Sealed Bid
Risk, efic.
En ineer/Architect/Construction Mana er's Name: Jacobs En ineering
En ineer/Architect/Construction Mana er's Phone Number: s17-�3s-6000
Engineer/Architect/Construction Manager's Contact Name & Lori Gordon, Engineer
Title:
Ori inal Contract Value / GMP of Project: $2, 698, �s4
Cost Savin s Identified:
Final Contract Value of Pro'ect: 3 2sl 244
Project Description:
New entry road and playground
facilities
Ori inal Pro'ect Duration: 24o Calendar Da s
Original Pro'ect Completion Date: Zo/2o�.�
Actual Project Completion Dafie; o � 2 012
Explanation for later project completion date or contract value overrun, if applicable:
Another phase of this project in. a separate area of the park was awarded to us by change order
increasing our time and cost for the additional work.
List Major Subcontractor's; names, contact phone numbers
Fort Worth Excavating
Reynolds Asphalt and Construction Co
Hayden Capital Corporation
Quality Ironworks, Inc.
LJ Design & Construction
R&A Masonry
Earthwork
Asphalt Paving
Ukility Subcontractor
Structural Steel
Pavillion Installer
Masonry
Frank Stivent 817-572-6602
Charlie Deniels 817-267-3131
Jim Humphries 817-478-3765
Gary Hinson 214-688-0180
Lisa Woolsey 817-999-6085
Andrea Alaniz 214-398-5703
List Major Material Suppliers' names, contact phone numbers
Insite Amenities, LP Pavilion Kim Neal 817-236-5439
Gametime Playground Equipment Fred Morse 800-392-9909
The P1ayWe11 Group, Inc. Playground Equipment Claudia Wolosz 800-'726-1816
EXHIBIT G
Client Reference Form
Project Name: 9tn street Pedestrian and
Streetscape Enhancements
Owner's Name:
Ci�y of Fort Worth
Owner Contact's Phone Number: 817-223-2283
Owner's Contact Name & Title: Lewis Gregory, Const . Inspector
Type of Contract (Design/Bid/Build, Design/Build, CM at
Risk, �tC. Sealed Bid
En ineer/Architect/Construction Mana er's Name: CP&Y
En ineer/Architect/Construction Mana er's Phone Number; 817 - 662 -1211
Engineer/Architect/Construction Manager's Contact Name &
Title: Paul Roach, Engineer
Original Contract Value / GMP of Project: 2 611 673
Cost Savin s Identified:
Final Contract Value of Pro'ect: $ 2, 8 03 ,�z 2
Project Description:
Landscaping, brick pavers,
construction and amenities in
downtown For� Worth
Ori inal Pro'ect Duration: 235 Days
Ori inal Pro'ect Completion Date: 0l/2011
Actual Project Completion Date: 0�/2011
Explanation for later project completion date or contract value overrun, if applicable:
Change order for additional work
List Major Subcontractor's; names, contact phone numbers
Buyers Barricades
SYB Construction
Bean Electrical, Inc.
Reynolds Asphalt
Environmental Allies
TX Environmental Management
Destiny Trucking
GST Manufacturing, Ltd.
Striping Plus
Sealant Solution
Blake Tuggle
Rodd Brann
Chip Bean
Ned Tankersley
Rachael
Michael Frazier
Byron Iioward
Henry Erwin
Jerry Hibbs
Rick Davis
Barricades
Brick Pavers
Electrical
Asphalt
SWPPP
Landscaping
Trucking
Bus Shelters
Striping
Sealants
817-535-3939
972-790-1900
817-561-7400
ai�-a6�-alai
281-442-4112
940-648-3640
817-889-0562
817-520-2320
469-733-1194
214-886-6688
List Major Material Suppliers' names, contact phone numbers
Barnsco Greg Forbes Reinforcing Steel 214-352-9091
Cowtown Redi Mix David Guice Concrete Material 817-759-1919
Paul E. Allen Eric Hiller Custom Planters 888-877-4887
EXHIBIT G
Client Reference Form
Project Name:
Camp Bowie Sports Complex
-= 0wner's Name:
City of Brownwood
Owner Contact's Phone Number: 325-646-5775
Owner's Contact Name & Title: Jodie xelle , En ineer
Type of Contract (Design/Bid/Build, Design/Build, CM at Sealed Bid
Risk, etc.
En ineer/Architect/Construction Mana er's Name: Kim1e Horn & Associates
En ineer/Architect/Construction Mana er's Phone Number: 214-420-5600
Engineer/Architect/Construction Manager's Contact Name & Adam srewster
Title: Engineer
Original Contract Value / GMP of Project: 4 o s 3 s o 0
Cost Savin s Identified: 656 3�.0
Final Contract Value of Pro'ect: 3 427 490
Project Description: Zz new ball f ields with sports
lighting, 3 new concession
stands/bathhouses, an.d major
earthwork
Ori inal Pro'ect Duration: 2�:o Da s
Original Pro'ect Completion Date: 2
Actual Project Completion Date; 12 2010
Explanation for later project completion date or contract value overrun, if applicable;
List Major Subcontractor's; names, contact phone numbers
Webb Plumbing
A&A Systems
Bean Electric
3T Materials
Insite Amenities
Sunbelt Pools
Plumbing Jim Webb
Interior Framing Raul Garza
Electrical Chip Bean
Div, 10/Doors/Hardware Trent Thetford
Pavilion Kim Nea1
Pool and Equipment Rob Morgan
325-642-7099
817-479-7142
817-561-7400
214-676-8070
817-236-5439
253-926-6875
List Major Material Suppliers' names, contact phone numbers
Sundance Fence Iron Brett Avenriep 817-516-7000
Barnsco Steel Greg Forbess 817-740-2400
EXHIBIT H
Bonds and insurance Requirements
Bonds - Construction Phase Performance, Pavment and Maintenance:
Performance, Payment and Maintenance bonds shall be issued on forms provided by the City
and issued as per Section 5.02 of the General Conditions.
Bond forms are available on BuzzSaw.
Insurance
Preconstruction Phase Services:
CMAR shall not commence work under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMAR's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to Cornell Gordon, PACS, at the address
specified above prior to commencement of work.
c. Any failure on part of the City to request required insurance documentation shall not
eonstitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days'
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days' notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
Cifiy may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the
Project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the City.
h. City shall not be responsible for the direct payment of insurance premium costs for
CMAR's insurance.
i. CMAR's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City
shall not be called upon to contribute to loss recovery.
j. In the course of the Agreement, CMAR shall report, in a timely manner, to Cify's
officially designated contract administrator any known loss occurrence which could
give rise to a liability ctaim or lawsuit or which could result in a property loss.
k. CMAR's liability shall not be limited to the specified amounts of insurance required
herein.
I. Upon the request of City, CMAR shall provide complete copies of all insurance
policies required by these Agreement documents.
Construction Phase:
Insurance is to be provided as specified in Article 5 of the General Conditions (GC-5.03 et
seq.) with lirnifs as detailed below:
The limits of liability for the insurance required by Paragraph GC-5.04, Contractor's Insurance,
shall provide the following coverages for not less than the following amounts or greater where
required by laws and regulations:
GC-5.04A. Workers' Compensation
Statutory limits
Employer's liability
$100, 000 each accident/occurrence
$100,000 Disease - each employee
$500, 000 Disease - policy limit
GC-5.04B. Commercial General Liability
Commercial General Liability shall be on a per project basis covering the Contractor with
minimum limits of:
$1, 400, 000 each occurrence
$2, 000, 000 aggregate limit
The policy must have an endorsement (Amendment —Aggregate �imits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work
package, if more than one.
The Commerciai General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
GC 5.04C.Automobile Liability
Automobile Liability, shall be in an amount not less than the following amounts:
Aufiomobile Liability - a commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non-owned.
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250, D00 Bodily Injury per person /
$500, 000 Bodily Injury per accident /
$100, 000 Property Damage
�``� � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYI�
1/31/2014
THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 7NIS
CERTIFICATE D�ES N07 AFFIRMATIVELY OR NEGA7IVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWE�N THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCHR, AND THE CERTIFICATE HOLDER.
1MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION I5 WAIVED, subject to
the terms and conditions of the policy, certain poI(cies may require an endorsement. A statement on thfs certificate does not confer righfs to the
certificate hoider in lieu of such endorsement(s).
PRODUCER CONTACT Donna WallCer
NAME:
TI'7�11.t2 ii�.�.1.5 Plaza, IRC. DSA K&S Insurance PHONE �972��72��2gq FACNo:�972)771-4695
2255 Ridga Road, Ste. 333 qooR�Ess:dwalker@kandsi.ns.com
P. O. BOX Z%% INSURER 5 AFPOR�ING COVERAGE NAIC N
Rockwall TX 75087 iNsur�Rn:Cincinnati Insurance Com anies 10677
INSURED INSURERB:2'�aS Mlltll31 Insurance Co. 29A5
The Fain Group, Inc. INSURERC:
P,O. BOX %rJO iNSIJRERD:
Ft Worth �X 76101
COVERAGES CERTIFICATE tJUMBER: REVISION NUMBER:
THIS IS TO CERTiFIf THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT T� WHiCH THIS
CERTIFICA7E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED eY THE POLICIES dESCRIeED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH PO�ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL BR POLICYEFF POLICYEXP UMITS
4TR TYPE OF INSURANCE pOLICY NUMBER MMIDD/YYYY MMIOD
GENERALLIABILITY PP0060286 /1/2014 /1/2015 FqCHOCCURRENCE 5 1,OOOi000
X COMMERCIAL GENERALLIABIUIY A233 02/07 - AI 6 AOS pREM SES Ea accurt'ence S 500 � 000
A CLAIMS-MAOE ❑X OCCUR MEDE%P(Anyanapersan) S 10�000
PERSONALBADV INJURY $ 1� 000 � 000
GENERALAGGREGATE 5 2� 000 � 000
GEMLAGGREGATE IJMITAPPLIES PER: PROOUCTS • COMPIOP AGG S 2� OOQ � 000
POLICY }L PRa LOC 5
AUTOMOBILEL�ABIUTY HA0060286 /1/2014 /1/2015 EaaOciclNdeDSINGLELIMIT S 1 000 000
X A� A�,� 41T2 09/09 - WOS BOQILY INJURY (Perperson) S
A AlL OWNED SCNEOULEO 4171 11/05 - AI BODILY INJURY (Peracddenq 5 �
AUTOS AUTOS
NON-0NME� PROPERTY �AMAGE �
X HIRED AtfT05 x AUTOS Per acddent
PIP-eastc $ 2 500
A X UMBRELLA L1A8 X OCCUR PPa060286 /I/2014 /1/2015 EqCH OCCURRENCE 5 5, 000 � 000
EXCESSLIAB CLAIMS•MADE AGGREGATE S �5�000,000
DE� RE7ENTION S 5
g WORKERS COMPENSATION SE0001220220 /1/2014 /1/207.5 X WCSTATU• �o $
AND EMPLOYERS' LfAe1LITY C920304A D2/00 - WO$
ANYPROPRIETOR/PARTNEftID(ECUTIVEY❑ N/A E.LEACHACCIDEM' S 1 OOO OOO
OFFICERlMEMBER F�(CLUDED?
(MandalarylnNH) E.LDISEASB-EAEMPLOYE 5 1 000 000
Ifyes, desc�ibe under
�ESCRIPTIONOFOPERATIONS6elow E.LDISEASE-POLlCYLIMIT S 1 000 000
OESCRIP110N OF OPERAT10N5/LOCA7ION51V8HICLES (Attach ACORD 101, Add�tlonal Remadcs Schedule, If more space Is requfred)
See above listing of additional insured and waiver oP subrogation endorsement forms.
SHOULD ANY OF THE ABOVE QESCRIBED POLICIES BE CANCELLED BEFORE
THB EXPIRAl10N DATE THEREOF, N0T10E WILL BE bELIVERED IN
ACCORDANCE WITH THE POLICY PROVtStONS.
AUTHORIZED REPRESENTATiVE
----'--'r.
Johnny Moss/AALXER --�- -�--- �
I
ACORD 25 (2010/05) O 1986-2010 ACORR CORPORATION. Ali rights reserved.
INS025 mm�n5i m 7hn A(:�1Rh n�mn anA Innn ara ranictcrari marire nf Af:C1R11
- Exhibit I -
SAFETY HISTORY TABLE
- <2012 2011 ; 2010
A` Total Number of Field Man-Hours
111,801.3 85,804 83,848
B' Number of Recordable Incidents with no
lost time accidents -o- -o- -o-
CNumber of Recordable Incidents with lost
time accidents -o- -o- -o-
` Total Recordable Incident Rate (TRIR)
D.
(B+C) x (200,000) 1 A -o- -o- -o-
: E Number of Fatalities
-o- -o- -o-
F' Published Experience Modification Rate
; (EMR) .�s .�9 .si
Provide documentation to support the above Experience Modification Rate information. Either
of the following methods are acceptable:
• Letter from insurance agent, insurance carrier, or appropriate government agency
(on their letterhead) verifying the modification rafe.
• Copies of the Experience Rating Calculation Sheets for each of the above years that
your insurance carrier forwards to you annually.
If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide
OSHA 300 logs for each of the past ihree years.
WORKERS COMPENSATION EXPERIENCE RATING �
i Risk Name: THE FAIN GROUP INC Risk Ip: 420993471
Rating Effective Date: 02/01l2010 Production DaYe: 09/29/2009 State: TEXAS
42-TEXAS Firm ID: Firm Name: THE FAIN GROUP INC
Carrier: 29939 Poficy No. 0001153267 Eff Date: 02/01/2007 Exp Date: 0?J01/2008
Copyright 199&2009, All righls resarved. This experieaca modifcation factor is comprised of compilations and (nformation whfch are tha proprietary and exclusive property of the NaUonal
CouncilonCompensationlnsurance,lnc.(NCCq. Nofudheruse,dissemina8on,sale,lransfet,a'ssignmentotdisposillonoflhisexpedencera6ngmodlficaBonFactororanypadthereof
may be used wilhout the written consent of NCCI. NCCI makes no representation orwarrenty, expressed or implied, as lo any matterwhatsoever Including bat notlimited to lhe accuracy of
any informalion, product ar service tumished hereunder and, as to NCCI, reciplent oi Ihis expedence rating modification Iactor su6scrihes to and utllizes the informallon service "as is".
• Total by Pollcy Yearof all cases 32000 arless. D Disease loss X Ex•Medica� Coverage U USL&HW
CCatastrophfcLoss EEmployersliabilityLoss #LimiledLoss Page2of2
42-TEXAS Firm (D: Firm Name: THE FAIN GROUP ING
Carrier: 29939 Policy No. 0001153267 Eff Date: 02/01/2006 Exp Date: 02/01/2007
42-TEXAS Firm ID: Firm Name: THE FAIN GROUP INC
Carrier: 12238 Policy No. WC294456415 Eff Date: 0?J0�/2008 Exp Date; D2/01/2009
�
WORKERS COMPENSATfON EXPERIENCE RATING
�! Risk Name: THE FAIN GROUP INC Risk ID: 420993479
Rating Effective Date: 02/01/2D10 Production Date: 09/29/2009 State: TEXAS
r
�
:cted >
:s : .
� i•
��
i Prim -: :� (F) Act Exc : ; . (G) Ballast •
�es �, ' Losses (H i) ��-
� ��
�
i Act Inc (I) Ac
.osses,:: , : �o:
�_
755
�righ[ 1993-20p9, All righls reserved. This experience modificaBon faclor is comprised of compilatians and in(ormation which arethe propdetaryand exclusive propertyof the Nalional
icilonCompensationlnsurance,lnc.(NCCI). Nofudheruse,dissemination,sale,hansfer,assignmenlardisposilionoFthlseaperienceratingmodificationiactororanypadthereot
beusedwiffioutthewriflenconsentofNCCI. NCClmakesnorepresentaUonorwarranty,expressedorimplfed,asloanymaiterwhalsoeverincludingbutnatlimitedtotheaccuracyot
nformalion, product orservice f umished hereunder and, as to NCCI, reclpient of this experience rating modiBcation factor su6scribes to and uBlizes Ihe information service "as is".
� n..__ a _� n
*""" REVISED RATING ***"
RATfNG REVISED TO REFLECT APPROVED RATING VALUES
WORKERS COMPENSATION EXPERIENCE RATING
�� Risk Name: THE FAIN GROUP INC Risk ID: 420993471
Rating Effective Date: 02/01/2011 Production Date: 09/15/2010 State: TEXAS
Capyright19932010,Alirlghtsreserved, ThisexperiencemodificaUonfactoriscomprisedofcompifationsandlnfarmatlonwhlcharetheproprietaryandexcluslvepropertyaftheNationai
Council o� CompensaUon Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignmant ordlsposidon oFthisexpedence 2Ung modification factororany padthereof
maybeusedwifhoutthewrittenconsentaFNCCI. NCClmakesnorepresentatlonorvrarranty,axprassedarimplied,astoanymatterwhatsaeverincludinghutnotllmitedtotheaccuracy
any Information, pmduc[ or service iurnlshed hareunder and, as to NCCI, reciplent of this experfence raling modi6cadon factar subscdbes to and utlllzes Ihe infarmatlon servica "as Is'.
`Total byPalicyYearofallcasesS2000oriess. ODlseaseLoss XEx-MedicalCoverage UUSL&HW
CCafastrophlcLoss EEmployersLia6(Iltyloss #LlmitedLoss Page2of2
42-TEXAS Firm ID: Firm Name: TH� FAIN GROUP INC
Carrier: 29939 Policy No. OOD1153267 Eff Date: 02l01/2007 Exp Date: 02/01/2008
42-7EXAS Firm ID: Firm Name; THE FAIN GROUP INC
Carrier: 12238 Pollcy No. WC294456415 Eif Date: 02/01/20D8 •Exp Date: 02/01/2009
42-TEXAS Firm ID: Firm Name; THE FAIN GROUP INC
Carrier: 12238 Policy No. WC294456415 Eff Date; 02/01/2009 Exp Date: D2/01/201D
WORKERS CQMPENSATION EXPERIENCE RA,TING '
'—""� �� Risk Name: THE FAIN GROUP INC Risk (D: 420993471
Rating Effective �ate; D2lo1/2o11 Production Date: 09/15/2�10 State: TEXAS
, : .:..:.�18;859� 24,766�.::;.. : :r '5,9Q7I .. . .. . : i ,;,_D�< ':- ' :_.7;963� - . ;=`, '.. 755) , ` :
i i+ 3F' -
�pydght'1993-2010,Allrightsreserved. Thlsexperiencemodlflcatlonfactoriscomprisedofcompilationsandiniormatlonwhicharethepropria4ryandexclusivepmpertyoflheNational
ouncilonCompensadonlnsutance,lnc.(NCCq. No(urtheruse,dissemination,sale,transfar,assignmentordisposidonofthlsexperienceratingmodiflcationfactororanypartthereof
aybeasedwithoutthewrittenconsantofNCCI. NCClmakesnorepresentadonorvrarranty,expressedorimplfed,astoanymaqerwhatsoeverinclud(ngbutnotiimitedtothea¢curacyi
iy Inlormadon, product arservice furnished hereunder and, as to NCCI, recipien[oF this experience raling modificabon tactor su6scribes to and uUlizes lhe information service'as is".
Page 1 of 2
(.09� ( 18,859� 24,766� 5,907� 0� 7,963� 755� 755�
WORKERS COMPENSATION EXPERIENCE RATING
_; Risk Name: THE FAW GROUP fNC Risk ID: 420993471
Rafing Effective Date: 02/01/2012 Production Date: 12/14/2011 State: TEXAS
31,108� 7,159
yright 1993-2011, AII rights reserved This experience m�fcalfon fador is comprised of compilalions and informaVon whlch are the prapdetazy and exclusive property o( Ihe Natlonal
ncii on Compensalton Insurance, Ina (NCCI). Na further use, �sseminalion, sale, lransfer, azslgrmant ordisposil(on of Ihis experienoa rating mod�ption fador or any pari Ihereof
ba used wilhoul 1he writlen cansenl of NCGi. NCCI makes rw representatiat orwarranty, expressed orfmplied, es to arry matlerwhalsoevarinduding 6ut nol limiled la Ihe aaxuacy of
(nfamatbn, produd orservice fumished hereunder and, as lo NCCI, reciplent of Uvs axperience ralfng modfinllon factorsubspibes to and ulil¢es Iha IrrformaUon service �as is'.
Page 1 of 2
WORKERS COMPENSATION EXPERIENCE RATING
Risk Name: THE FAIN GROUP INC Risk ID: 420993471
Rating Effective Date: 02/01/2012 Production Daie: 12/14/2011 State: TEXAS
42-TEXAS Firm ID: Firm Name: THE FAIN GROUP 1NC
Carrier: 12238 Policy No. WC294456415 Eff Date: 02/01/2008 Exn Date: o2m1l2nnq
Copyright 19Si�2011, All righis reserved, Thts expe�lence modificaUat faclor is comprised of compilations and tnfortnalion which are Ihe proprietary and exclusfva property of Ihe National
Counc�'I on CompensaUon Inwrance, Inc. (NCCI), No furiher use, dsseminalion, sale, irdnsfer, assignment ordisposiqon of Ihts expedenco rating modifialfon factw or arry part Ihereof
may be used wilhaR iha wriKen consent of NCCI. NCCI makes no repraserdalion or�rdrranty, expressed or Impifed, as lo any matterwhalsoever induding but not limiled (o Ihe aaa�racy of
any inlortnailon, pmdud or service Nmished hereunder and, az to NCCI, recipie�t of thfs experience raling modficallon factor suhscnbes to arxi util¢es Ihe irdormaUon service •as Is•,
' T4lai by Polic.y Year of all psas $2000 or less. D �fsease Loss X Ex-Medical Cwerage U USLBNW
C Catasirophic Loss E Employets Ltabllity Loss # timiled loss Page 2 of 2
A2-TEXAS Firm ID: Firm Name: THE FAIN GROUP 1NC
Carrier: 12238 Policy No. WC294456415 Eff Date: 02/01/2009 Exn natae n�/n� ��n4 n
42-TEXAS Firm Ib: Firm Name: THE FAIN GROUP INC
Carrier: 92238 Poiicy No. WC294456415 Eff Date: 02/01/2010 Exp Qate: 021ov2o11
Exhibit J
Construction Budget and Fee Proposals
The City's construction budget for this Project is: $$2,053,000.00
Fee Proposals:
Proposer's Proposed Fees
Pre-Construction Services
Minimum Fee $25,000.00
Additional Fee (Proposer's discretion, $ -o-
cannot be ne ative
Total Pre-Construction Services Fee $ 2s, o00
Construction Services
Fee (expressed as a s o
percentage of GMP)
Additional Cost Sharin if an ) �.o a
Total $102 , 650
Note: Only theTotal Pre-Construction Fee and Construction Services Fee percentage will be
read publicly at the time the RFP packet is opened.
[� : � « :� �. � � :+�� �'.7iT1:�1]
Construction Budget and Fee
The City's construction budget for this Project is: $2,045,641.93
City Contingency
� Project Budget:
Fee Proposals:
,,�
,,���,_���.
Proposer's Proposed Fees
Pre-Construction Services
Minimurn Fee $25,000.00
Additional Fee (Proposer's $ -0-
discretion, cannot be
negative)
Total Pre-Construction Services $ 25,000
Fee
Construction Services (see attached det�il)
Fee (expressed as a 6%
percentage of GMP)
(expressed ir� Dolfar $�°12�056.°��
Amount
' Total $`�'�� ���? 1 � '
Note: Only the Total Pre-Construction Fee and Construction Services Fee
percentage will be read publicly at the time the RFP packet is opened.
Proposer's Corporate Experience and Financial Stability
•3 We have attached the following pages to dennonstxate our experience with similar projects over
the past ten years. As you can see from the attachments we have completed an extensive
amount of park and streetscape & trail projects that incorporate concrete walls, bridges &
various site zmprovements.
❖ We have conducted pre constructive services on many projects and not jusi those that were
constructed under the CMA.R heading. Many of our competitive bid projects are value
engineered before contracts are written to help with budget considerations. Our Brownwood
Sports Complex project was aided by 2locations of almost $300,000 though the use of
alternate materials, reduction in scope and changes in construction techniques.
❖ Fain also performs its own concrete, excavation and utility work as well. This allows us to
keep control of costs as well as scheduling of projects. It is also a great benefit to be able to
value engineer those scopes of work. Being able to perform those scopes of work allows us to
control the quality of our projects as well.
•3 Cost estiznation is something we do every day. We conduct initial budget estimates for several
engineering and architectural firms in this area. These estimates are done during all phase of
design from 0% design documents in an effort to help with pro-forma's to 90% documents that
are to be publicly let. During those cost estimations we aid the design firms in alternate details
and constructability of projects to help them in their final design documents. We work in close
relationships with those design firms to produce an economical project design.
❖ Key Points of Fain
• Base in Fort Worth
• No OSHA Violations in the past seven years
• An experience modiiier of .72
• No past litigation with a client
� All of our park projects are complete on time
� 25 Million a year in annual volume
� Bonding capacity of $45 Million
� Customer Centered Approach
'
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2800;. RollineOaksJiemorialCemer
infraswcwrc impro��cmcnt for ccmetcry, in<luding
colwvi bariwn & parilion
28001 11IcKinnev �owntown Square
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27002 ICednr Sirat Imorovcment+
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gtanitc and stonc scaihing
26006 ILft1Ie Elm Park Bcath
Conswcfion of � public bcach Cacility
25UIU (VIUi Parks 5966.638
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sidcirall's, bukc�ball cowts and amcnilics
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Pricing for CMAR Services
(Pre Construction Services Fee)
See Exhibit J
Qualifications and Experience of Key Personnel
Below are our proposed team znembers and their roles for the project. These team members have
a combined 50 years of expexience in the construction industry. Fain has completed several park
construction work in past projects as well as completing several CMAR projects.
Our proposed superintendent has completed projects for The City of Fort Worth and surrounding
areas. Our project manager has an extensive background zn construction nnanagement and all
aspects of a construction project that includes buyout and management. Our estimator has
conducted numerous budgeting exercises for varying degrees of design document completion
and GMP establishment.
All of our team members will be available throughout the preconstruction phase as well as the
construction phase to help ensure the success of the project. During the preconstruction phase all
of our team members will be available as much as is necessary to aid in the establishment of the
GMP, any value engineering that is required, MBE proposal conferences, design review and any
other needs that may arise during preconstruction.
During the construction phase our superintendent, Eddie Lewark, and project manager, Jason
Littleton, will be dedicated to the project on a full time basis.
a. Project Manager — Jason Littleton
b. Project Estimator - Larry Frazier
c. Superintendent - Eddie Lewark
Please see attached r•esumes for Jason Littleton, Larry Frazier, Eddie Lewark In the Appendix
Parks Department
Fain Fain
Estimator Project Manager
Larry Frazier lason Littleton
Fain Fain
quality Control Project Superintendent
Doug McClain Eddie Lewark
Subcontractors I
J
�� ���
Value Engineering
Value Engineering reviews are something we are extremely familiar with. Our firm just went
through a value-engineering exercise on a potential project for a project in Balch Springs that
was about $300,000 above the Owner's budget. We were able to present 5 different options in
which items could be altered to get the project below budget by approximately $70,000 allowing
them more flexibility fox items they wanted to include. For two of the projects we listed in our
experience section, the ALS project and the Ratliff project both had value engineering exercises
preformed on them after the initial budget was established to help reduce the cost impact.
Another example is the Pampa Aquatic Center. We reduced the budget by $42,000.00 allowing
the Aquatic Center to move forward when budget issues threatened to kill the project. The
Brownwood Sports Coznplex project began as a$6,365,000 project and through value
Our firm has conducted two CMAR. contracts in the past 10 years - The ALS project and the
Ratliff Connpanies project. Both projects had established GMPs and both were value engineered
right before the GMP was established once it was realized that the GMP was exceeding the
budget of the various owners.
Pre-Construction Services Experience
Fain has pai�ticipated in numerous projects in the pre-construction phase. We produce and
evaluate budgets fox several engineering firms in this area. We are called upon to create
comparison budgets as well as establish new budgets for projects in various phases of the design.
Sometimes these projects need very preliminary pricing to see if the project is even feasible and
some need final hard costs to establish budgets before projects are let for bidding. We have
provided this service on an extensive nurnber of projects throughout North Texas. The key
component to pre-construction services is communication. We feel good open communication
ensures the exchange of information that is vital to providing the cost analysis, material
procurement and design achievement that is critical to each and every project. We pride
ourselves on keeping all information above board so that all parties involved are aware at all
times in what state the project is in.
FAIN
Project Approach
Preconstruction Services
The Fain Group has worked with the City of Fort Worth on several successful projects and our
intent is to provide the city with the sanne excellent 1eve1 of service as before. We work in a
team environment to ensure the Construction Manager, the Owner, the Architect, and the
subcontractors have a complete understanding of evexy step. We are committed to transparency
throughout this project. We believe this approach establishes a true partnership.
During pre-construction services The Fain Group would provide cost estimating services for
design review at 60%, and 90 % review. Each review that is done will be done with a cost
estimate, a proposed schedule for that specific design, as well as recommendations for cost
savings and/or construction sequence enhancements. Cost savings analyses are soznething our
firm has done countless times. The Camp Bowie Sports Complex was initially estimated at $6.3
znillion but through a strong value engineering process it was constructed for $4.S million. The
Pampa Aquatic Center we constructed was originally bid at $4.4 amillion dollars and was value
engineered to an amount of $3.7 million. During these process' we try an put togeiher as nnany
cost saving items as we can and then allow the Owner and/or design team to pick and choose
those that a�re the least critical to the project. Sometimes hard decisions have to be made as to
what might stay or go, but thexe is alnnost always a way. One effective way to decrease project
delivery time is to order components early in the CMA,R process to ensure timely completion.
For this project the early procurement of the bridges can help in the project completion time.
The site structures for this project may not require 100% design by CDM Smith and can be done
by the manufacturer gaining time and cost savings fox the project. Our firm also performs
earthwork, concrete and utility work by our own forces which may be another benefit to
completing the project early and providing quality economical scopes of woxk. The team that
will be conducting the design reviews will be Fain and the City of Fort Worth, so that the input
of all parties involved will have input. An avenue of comrnunication will have to be opened
between Fain and the City of Fort Worth to facilitate the impact of schedule and construciion
costs during the entire design process and not just at the design review steps.
Design Firm
Design review-speciiically detail and constructability issues-are extremely common. Regardless
of what delivery method is used for the project design review, questions always arise. Every
project goes though some sort of construction document review, which could be as simple as a
request for information regarding a detail to a constructability question prior to the design. For
us, this most commonly occurs along with value engineering xeview, when the costs of
construction are being weighed between the bases of the design criteria.
Scheduling
Our firtn uses a Primavera scheduling program which is the most prevalent scheduling software
for the construction industry. Fain shall update their schedules on a weekly basis and shall
report an updated schedule monthly or sooner if needed to all parties involved in the project.
Our firm has completed every municipal contract on time to date. We pride ourselves on
adhering to the schedules we establish and require our subcontractoxs to abide by that schedule
as well. Our schedules will be discussed at our weekJ.y progress meetings with our employees
and subcontractors to keep our progress updated.
Construction Approach
We like to approach each project with an open book policy to the client so that once we accept
proposals from firms in which we like to obtain at least 3 bids for each scope of work, we would
present these quotations to the owner with the pros and cons of each. We would then execute
subcontracts and purchase orders fox each scope of work. Once the scopes of work have been
distributed, we like to get input from each major subcontractoz with regards to scheduling,
logistics, safety, and security. This provides us the information regarding long lead items,
constructability, and phasing we need to construct a viable schedule. We will conduct these
operations dttring the preconstruction phase as well, however at this time it will be with the
selected contractors and suppliers. It would be at this tim.e that any value engineering that may be
required is done to help the project overcome any budget deficiencies. We will compose bud
proposal packages for each scope of work that will define all of the scopes of work, safety plans,
scheduling, quality control elements, logistics and security to distribute for quotations.
Budget to meet GMP
Our firm has conducted two CMAR contracts in the past 10 years and have one we are cun'ently
worlt on on for the Town of Little Elm called Beard Park. These projects have established
GMPs and wexe value engineered right before the GMP was established once it was realized that
the GMP was exceeding the budget of the various owners.
The cost exercise of the GMP establishrnent will be established once the DBE pre proposal
conference has been cornpleted, and once at least three bids have been obtained for each scope
of work has been received. The bidding will be open to all firms but only qualified iirm's
quotations will be included in the GMP. We shall review all bids with the City of Fort Worth
for any discrepancies. Once all parties are in agreement with the choices of subcontractor and
supplier at that time the GMP will be formalized in a spreadsheet fozmat and presented to the
City of Fort Worth.
Once the construction phase is entered it will be our responsibility for project supervision, cost
control, and the adherence to the schedule. We are proposing our best project team to accomplish
these goals. We will conduct weekly updates to the schedule to pinpoint any short comings an:d
work solutions to resolve the time lost. We will field all budget revision requests from any
subcontractor or supplier and evaluated them on their work to ensure a fair value for the owner
and will subsequently process all change documentation that might be required.
We will also oversee the daily activity operations of the construction and provide quality control.
Construction testing will be provided by a third party testing agency but daily installation and
aesthetic finishes will be overseen by our project superintendent. Coordination between all
parties involved in the project is key.
During construction weekly meetings will be held and using the same matrix as we did in the
preconstruction phase all duties to be accomplished shall be reviewed and allocated and each
party will be held accountable %r their speciiic duties. For example a subcontractor might be
held responsible for completing certain tasks according to the schedule, Fain might be
responsible for providing submittals by a certain date and the design engineer may be
responsible for providing a specific detail for construction.
�.�.�
Environmental Management
The project location of Gateway is along a major waterway in the Trinity River and will require
special diligence in the nnaintenance and control of SWAPP. Best management practices will be
a priority thz�oughout the project to retain sediment on our jobsite and not allowing the sediment
to enter the Trinity. We will out source this element of the project to ensure its compliance but
will monitor the BMP's daily.
Community Awareness
All construction projects impact the local community sometimes adversely on a temporary basis
and almost always beneficially in the long term. Before construction begins a community
meeting will most likely need to be held to inform the interested public of the impacts to their
area and what changes they might expect over the cozning months. Notices will also be issued to
any effected homeowners and business owner should they have to experience any service
interruption to their water, sewer, or electrical service.
Project Closeout
The end of a project is always the way a project is remembered. A project can be error free
through its entire duration and the last 30 days can cause a great project to be remembered
poorly. We strive to close out all of our projects as quickly as possible. All closeout
documentation including warranties and operation and maintenance manuals wiil be turned over
within 30 days of substantial completion. At that time a final GMP evaluation will need to be
done and any cost savings to the Owner be disseminated. We would use the same appxoach to
establishment of the initial schedule during the design phase. Input from the Town would be
critical especially for work that is being conducted in an occupied building. We would take that
information along with information from our selected subcontractors and suppliers to look for
any glaring discrepancies between, material deliveries, Town functions, workforce availability
and many other factors to establish a flexible attainable schedule.
QA/QC and Safety Plan
Oux established Quality Control and Safety Plans shall be enforced at all times throughout the
project. Fain has yet to have a recordable lost-time accident throughout its existence. We
attribute that to the fact that we never put the completion of any activity before the safety of the
individual. We can: always finish an activity later but we can never make an injury not occur.
We instill in all of our ezr�ployees the self policy of themselves and the people around them.
Once they take responsibility for themselves then the superintendent for the project has a lot less
concern for those individuais. Ultimately it is the superintendants responsibility to enforce our
safety rules on each jobsite, but we try to instill in each subcontractor and employee to police
themselves. Quality control and assurance will be addressed on a daily basis. All materials
testing will be performed by an outside service, and our superintendent and assistants will
conduct the day to day quality assurance items in coznpliance with Fain QC program. Should we
take care of the daily occurrences the last will take care of themselves. Any quality issues will
be addressed at the point of incident with the appropriate party and resolved either by correction
of the work or replacement of the work. The matter will also be reviewed at our weekly jobsite
�ei�i
meetings to help insure the incident does not occur further. Should the matter persist then further
action will need to be taken against the subcontractor and /or supplier.
The best way for us to ensure a quality project is to start fi•om the beginning of the project, Our
Cedar Springs project was a difficult one in that it was under live traffic in a very upscale
neighborhood. One of the first activities of the project was demolition. During that phase the
adjacent work was being damage by the removal of the existing work. This had to be addressed
at that time to ensure that the existing work to remain in place looked just as crisp as the new
worlc we installed. Addressing this issue at the beginning of the project led to a very successful
project.
The Safari Splash Project that we are currently working on is limited in the size of the site.
There is very little room to accommodate the amount of work that is to take place.
Subsequently much of the underground piping has to be stacked on top of each other. Sanitary
sewer lines are underneath drainage piping that is underneath pool supply and drain lines that
are in the same ditch as the electrical and IT conduits. It is taking and extensive amount of time
to review and ensure that proper pipes are located and tested before any concrete can be placed
on top of it.
Cost Control
Costs are always better established as early as possible in the CMAR process. The earlier in
design development we can obtain accurate costs the easier it is to modify aspects of the project
to help mitigate, if any, cost over-runs. A value engineering exerczse is a key component to
helping reduce costs and is sornething we have done on almost every project. The avenue is left
open to modify budgets relatively easily once the initial costs have been identified. We would
like to see an initial budget set up as early as we can given the state oi the design documents,
which in this scenario will most likely be at the 30% design review.
Once the GMP is established and accepted by all parties it will be the basis for the completion of
the project. Should a subcontract change order be initiated by the subcontractor, Fain will
evaluate each incident on its own merit and should it be found unwarranted will be rejected by
Fain. The only legitimate change that will be allowed under the GMP will be those that are
initiated by the Owner, those that ara additions/deletions and or drastic changes to the original
scope of work. Unforeseen conditions can also be subject to change as well but will be xeviewed
on an iridividual basis. GMP costs savings can be dealt with in any number of ways. We feel an
equitable split of 50% to each party is fair but is of course subject to negotiations at the time of
the contract.
Schedule Control
The decision making process is always the most significant individual driver to the adherence to
any schedule. This process is made much easier when all lines of communication are open at all
times. All subcontractor submitting proposals for each scope of work will be required to
demonstrate their ability to connmit the manpower, equipznent and supervision to keep the
project on schedule at all times. Bidders who do not demonstrate this ability will be valued less
in the review process. This will ensure that we take advantage of the best subcontractors to
com.plete the project as scheduled.
MBE PIan
Preconstruction
El Cala Construction - $4,000
Julio Arciga
817-271-3640
P.O. Box 7576
Fort Worth, TX 76111
El Cala will be facilitating all budgeting aspects related to the concrete construction throughout
the preconstruction phase of the pxoject.
We will utilize the format for MBE participation as is set forth by the guidelines from the City of
Fort Worth. We have obtained a current list of proposed subcontractors and suppliers from the
City's MBE offce utilizing the areas below.
We have omitted the list due to page restriction.
Concrete
MBE Concrete responsibilities will include the following:
• Procuring and installing concrete, reinforcing, form materials, tie wires, paving chairs, d,
expansion material, etc.
Site Work
MBE Site Work responsibilities will include the following:
• Executing and embankinent of all dirt material
� Haul off of excess dirt material
• Final grading of the site
• Providing and installing all select iill material as required
Demolition
MBE Demolition responsibilities will include the following:
• Removal of all materials to be demolished
• Haul off of materials to an appropriate site
Landscaping/Irrigation
MBE Landscaping responsibilities will include the following:
• Provide and install all plant material including grass, trees, shrubs, etc.
• Final grading of the site
� Providing and install all filter fabrics, nnulch, fertilizers as required
FAIN
Fencing
MBE Fencing responsibilities will include the followin.g:
• Providing and install prefabricated bridges through the project
� Unload the bridges at the site
• Assemble and place bridges on foundations set by others
Metals
MBE Metals responsibilities will include the following:
• Provide and install miscellaneous metals thorough out the site
We will advertise and solicit bids for each of the above areas of work through 2 forms of contact,
email and fax. We will contract or purchase to lst tier iirms to achieve the goal.
We will coxnmunicate and report Plan connpliance to the Citys Project Manager and the City's
MBE office in a timely manner. We will communicate with them any question or concern that
may come up during the project. If any problems will we address the situation in a professional
manner and make sure the issue gets resolved.
Construction
The Fain Group is dedicated to meeting the MBE goal during the construction phase of the
project. Conduct an outreach conference in conjunction with the MBE office to facilitate the use
of all qualified subcontractors and/or suppliers. Document the use of MBE participants through
the use of the City of Fort Worth's standard MBE forms. These will include the MBE
participation form, copies of invoices frozn the MBE, as well as cancelled checks froxn MBE
payments.
Our fii�rn has been involved with several contracts with the City of Fort Worth over the past
several years and all of those projects have met the MWBE or DBE goals set forth for the
pxojects. We have not built a project that utilized fihe good faith effort process.
■
FL� I t�l
Special Consideration for Successful CMAR services
Our attached CMAR projects, Switzer Park, Ratliff Hardscape Off'ice and ALS should
demonstrate the projects that we have excelled in. The most recent park project that we
completed under the CMR delivery system was the Switzer Park in Sanger, Texas. We are
currently working on Beard Park for the Town of Little Elm.
■
Gnit�l
_ __ __ _ __
i
--�m�
� ,r
�DUCATION
Tesas A&M University
College Station, Texas
B.S. Construction Scienee
EXPERIENCE
Larry Frazier
President
OVERVIEW
As the President of The Fain Group, Larry has over 13 yeacs
experience in managing construction projects, Lai7-y has been
responsible for many aspects of construction management including
but not Iimited to; contract negotiation, contract execution, budget
analysis, hudget forecasting, scheduling, procurement, estimating,
change management, and risk management
The Fain Group
President
Fort Worth, TX
AUI Contractors, LP
Praject Manager
Fort Worth, TX
COMPLETED
PROJECTS
.Tanuary 2005 - Present
January 1995 —December 20Q�1
JOB NAME
2pZ4 Rose Garden Phase 2
Tabachin Ribbon Artwork
FW Zoo Safari Splash
Switzer Park
2013 West Rosedale Bike/Pedestrian Project
FW Urban Viliage — Berry/Riverside
FW Urban Village — Near East Side
2012 Cobb Park phase I Park Improvements
TXDOT Risinger Road Pavement Repair
2011 TXDOT Denton County Pavement Repair
Odyssey Health Care Soffit
Blue Stem Ranch
2010 Lake Carolyn Promenade
2009 Lancaster Visitor Center
2008 DFW Founders Plaza Visitor Area Beautification
2007 Greenville Downtown Streetscape Improvement
Baird T&P Depot Restoration
Frisco Lakes by Del Webb Amenity Center/Entry
NRH Parks
Rowlett Downto�vn Streetscape Improvements
Frisco Lakes by Dell Webb
CONTRACT
VALUE
$340,611
$35,855
$1,358,347
$515,056
$3,244,348
$492,080
$556,011
$2,698,784
$2,503,821
$320,275
$199,748
$112,042
$2,180,611
$1,422,710
$3,398,815
$1,265,389
$1,069,897
$2,272,000
$966,638
$2,061.400
$1,520,000
FAIN
Little Elm Johnny Broyles Park
ALS Office Building
2003-2004 Murphy Municipal Center
Werner- Ohio Truck Facility
AUI Headquarters
Addison Athletic Center Expansion
2002 Gendy Street Improvements
Werner Transportation Maintenance Shop
New Office Building for Tarrant Regional Water District
Hardeman County Rest Area
2001 Life Touch Photography Studio
Werner Transportation New Shop
HEB Junior Highs Schools Renovations
Weshnoreland Pump Station
James Wood Auto Park
2000 Fossill Hill Middle School Track
Hillside Park Renovations — Construction Manager
HEB Elementary Schools Renovations
Bedford Boys Ranch Gymnasium Renovations
Tanant Appraisal District Office Building
1999 DFW Air Cargo Infrastructure
Saddle Hills Park West Phase I
Texas Ultra Pure OSA Facility
NWISD Drainage & Site Improvements
Crowley High School Running Track
Crowley High School Site Development
Santa Fe Railroad Depot — Historical Renovation
Rock Springs Garden Retaining Wall & Slab
Hoblitzelle Park
1998 Mansfeld Historic Downtown Streetscape, Phase II
Latter Day Saints Church Renovations
Concessions, Dugouts, & Tennis Courts
Helen Wessler Park Swimming Pool Renovations
Mansfield Historic Downtown Streetscape, Phase II
Rohan Office Renovations
Alcon Laboratories Stream & Waterfali
Burlington Northern Railroad Crossing
CliffNelson Recreation Center
Highland Village Ground Storage Tanks
$300,000
$1,996,632
$16,035,000
$2,654,669
$2,728,114
$3,932,479
$2,114,563
$2,345,265
$a,�ra,000
$9,269,000
$461,034
$2,334,428
$1,500,703
$574,343
$7,800,000
$567,300
$89,000
$2,104,355
$1,621,931
$2,734,452
$704,514
$1,591,413
$1,031,184
$1, I 15,094
$416,000
$3,556,008
$493,512
$64,500
$991,000
$177,200
$359,200
$811,948
$725,721
$143,000
$154,33 8
$141,000
$48,670
$3,700
$831,000
Jason Littleton
Project Manager
OV�RVIEW
EDUCATION
Texas A&M University
College Station, TX
Bachelors of Science
Construction Science
EXPERIENCE
Jason has 17 years' experience in construction management. Jason has
been responsible for all aspects of a construction project that includes
project estimating, buyout and management.
The Fain Group
Project Manager
Fort Worth, TX
T. King Building Services
President
Lancaster, TX
PROJECT
MANAGEMENT
Job Name
Cleburne Hyde Park Channel Ph 1
Rose Garden Phase 2
Deloitte University New Campus
Presbyterian Hospital of Dallas
Fort Worth Botanical Garclen
Williams Communication Data Site
South Frisco Village
T. King Annual Volume
August 2014 - Present
July 2004 — August 2014
Value
$
$340,611
$476,143
$789,545
$389,645
$12,266,980
$5,489,000
$6,200,000
EXPERIENCE
COMPLETED
PRO.T�CTS
Eddie Lewark
Superintendent
OVERVIEW
As project superintendent for The Fain Group, Eddie has over 20 years
experience in planning and supervising construction projects. Eddie is
accomplished atscheduling, procurement, safety, change management,
subcontract supervision and contract execution.
The Fain Group
Superintendent
Lewark Construction
Owner
Reeder General Contractors
Praject Manager
Catpet Mills
Floor Technician
R Jones Concrete Construction
Project Manager/Estimator
Lewark Construction
Owner
U.S. Army
JOB NAME
Magnolia Urban Village
La Prada Drive improvements
Westworth Village
City of Richardson Renner Road Improvement Project
Joe Ratcliff pedestrian Bridge
UP Baird
Pilot Point Streetscape
UP Houston Modular Office
TRWD Marine Creek Trail
Lake Carolyn Promenade
RatlifE Hardscape Office
Ranch Arena
Heritage Park Cemetery
George C. Clerk Elementary
West Creek Elementary
Fort Worth Counhy Day Addition
Acme Brick Plant
June 2008 - Present
2004 - 2008
2002 - 2004
1998 - 2002
1988 - 1998
1980-1988
1975- 1979
VALU�
$1,227,223
$2,381,171
$1,008,451
$353,898
$635,762
$1,337,024
$23 8,01 Q
$276,780
$162,825
$2,180,611
$2,099,000
$12,000,000
$3,800,000
$2,900,000
$1,800,000
$800,000
$50,000;000
�
FAIN
�.ax� �o�e�a�. _����- :�;�".��s���a,�e�, ��.�.
3.�:��
_ _._
-�; -t��x
4255 Bryant irvin Road, Suite 204 Fort Worth, TX 76�.09
Office: 817.732.3200 Fax: 817.732.3204
Fain Grou , Inc
p
Financxal Statexnents
Audit Report
I)ecember 31, 2013
marc4man@att.net
■
FAIN
Fain Group, Inc
Financial Statements
Years Ended December 31, 2013
Table of Contents
Accountant's Audit Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Financial Statements:
BalanceSheet . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . .. . . . . . . .. . 2
Statement of Income and Retaiued Eainings . .. . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . .... 4
Stateinent of Cash Flows . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . . . . .. 5
Notes to Financial Statexnents ............................................................... 7
Supplen�entaiy Schedules:
Schedule of Completed Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 16
Schedule of Projects in Process .... . .. . . .. . . ....... . ... . . .... . . . ... .. . . .... . ... . .. . .. 18
Schedule of Contract Incoine and Direct Expense . . . . . . ... .. . . . . . . . . . . . . . . . . . .. . . . 20
Accounts Receivable Schedule .. . .. . . .. . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
FAIN
�
Marc E. Foreman
Certifted Public r�ccountant
4255 Biyant Irvin Road
Suite 204
Fort Worth, Texas �6109
Telephone 817-732-3200
Cell 817-715-7575
Facsimile 817-732-�204
Independent Accountant's Report
Tlie Shareholders
Fain Group, Tnc
We have audited the accompanying balance sheet of Fain Group, Inc. (a Texas coiporation) as
of December 31, 2013, and the related statements of income and retained eai�nings, and cash
flows for the year then ended. These financial stateznents are the responsibility of the
Company's management. Our xesponsibiiity is to express an opinion on these financial
statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted 'ui the
United States of America. Those standards require that we plan and perfoi7n the audit to
obtain reasonable assurance about whethez• the financial staiements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the ainounts
and disclosures in the financial statements. An audit also includes assessing the accounting
principles used and sigtufxcant estimates made by management, as well as evaluating the
overall financial statement presentation. We believe that our audit provides a reasonable basis
for our opinion.
In our opinion, the financial statements refen•ed to in the first pa�agz•aph present fairly, in all
material xespects, the financial position of�'ain Group, Inc as of December 31, 2013, and the
res«its of its operations and its cash flows for the year then ended in cor�foi�rnity with
accounti�ng principles generally acceptad in the United States of America.
Certified Public Accoturtant
Fort Worth, Texas
Februaly 12, 2014
�
■
FAIN
FINANCIAL STATEMENTS
FAIN
Fain Group Inc
Statement of Assets, Liabilities and Owner's Equity
As of December 31, 2013 and 2012
ASSETS
Curreni assets .
Cash (Note 4,13)
Trade receivables (Notes 1,3, and 91)
Retainage receivable (Notes 1,3 and 11)
Accounts receivable - other
Invesiments (Note 9)
Costs and earnings in excess of billings
on uncompleted contracis {Notes 1, 5 and 14)
Totat curren4 assets
Fixed assets (Notes 9 and 4)
Machinery and equipment
Vehicles and transportation equipment
Furniture and fixtures
Leasehold improvemenfs
Gross fixed assets
Accumulated depreciation
Total fixed assets
Other assets (Note 1 j
Notes receivabfe
Organizafion costs
Accumulated amortization
Total other assets
Total assets
See Accompanying Notes
December 31, 2013 December 39, 2012
$ 1,008,563
2,Z40,260
548,537
11,649
1,883,185
447,008
$ 6,139,202
� 1,408,789
307,906
78,112
70,342
1,805,149
(714,661)
$ 1,090,488
� .
945
(815)
$ 930
$ 7,229,821
$ . 178,355
2,596,965
299,431
6,282
1,667,099
326,585
$ 5,074,7'17
$ 705,630
260,406
18,'1'12
70,342
1,054,490
(528,460}
$ 526,030
$ 6,824
945
(796)
$ 6,973
$ 5,607,720
■
FAIN
Fain Group Inc
Statement of Assets, Liabilities and Owner's Equity
As of December 31, 2013 and 2012
LIABILITIES AND SHAREMOLDER'S �QUITY
Current liabilities
Trade accounts payable (Note 1 and 7)
Other payables
Current portion of long-term de6t
Billings in excess of cost and estimated earnings
on uncompleted contracts (Notes 1, 5 and 12)
Total current lia6ilities
Long-term liabilities (Note 8)
Notes payable
Current portion of long-term debt
Totai long-term liabilities
Total liabilities
Shareholder's equity
Common stock -$1 par value, 100,000 shares
authorized, 10,000 issued and ouistanding
Additional paid in capital
Unrealized gain (loss) on available-for-sale securities (Note 9)
Retained earnings
Total sharehoider's equity
Total Iiabilities and shareholder's equity
SeeAccompanying Notes
December31, 2013
$ 1,672,592
45,691
198,982
1,349,583
$ 3,267,�147
� 573,128
(198,982)
$ 374,146
$ 3,64'1,293
$ 1,000
124,000
182,054
3,287,473
$ 3,588,527
$ 7,229,821
December 31, 2012
$ 2,087,028
1,546
87,279
442,669
$ 2,6�f8,524
$ 214,445
(87,279)
$ 127.166
$ 2,745,690
� 1,Q00
�Za,000
(8,110)
2,745,140
$ 2,862,030
$ 5,607,720
FAIN
Fain Group Inc
Siatemenfi of Income and Retained Earnings
For the Years Ended December 3�1, 2013 and 2012
Consiruciion revenue earned
Directjob costs
Direct jo6 cosfs (Note 1)
Warranty (Notes 1, 15)
Fuel Tax Credit
Overhead aflocation (Note 1)
Total direct job costs
Operating income
Overhead Expense
Administrative payroll & expenses
Advertising and promotion
Amortization
Bankfees
Depreciation
Dues, registrations and subscripfions
�xecutive labor
insurance
Interest
Maintenance and repairs
Misceilaneous
Office supplies & expense
Other payroll and employee expenses
Outside services
Pian fees & copies
Professionalfees
Rent (Note 10)
Saftey equipment
Securiiy
Shop expenses
Taxes:non-payroll
Tetephone
Transportation expense
Travel, meals and entertainmeni
Utilities
Overhead burden (Note 1)
Total overhead expense
Total operating income
December 31, 2013
18,232,689
9 6,339,640
2,190
('11,649)
657,075
$ 96,987,256
$ 1,245,433
$ 244,930
3,025
19
3,332
186,201
10,551
276,337
51,967
13,336
3,465
(5,398)
'I 0,850
68,740
29,230
11,051
37,052
52,800
134
2,300
80,356
23,03&
7,898
3, 242
10,174
7,275
(657,075)
$ 474,818
$ 770,6'15
December31, 2012
12,525,418
11,776,913
2,503
(6,282)
289,333
$ 12,062,467
$ 462,951
$ 66,857
283
19
1,507
119,633
8,515
252,052
1,266
7,740
1,831
195
15,007
22,840
9,072
9,219
15,607
52,800
3, 04Q
1,204
'I 87
19,602
6,05Q
3,931
10,989
7,226
(289,333)
$ 347,339
$ 115,612
See Accompanying Notes
■
FAIN
Other income and expense (Note 1)
Other income
Interest income
Gain on sale of assets
Gain on sale oPsfock
Dividend income
Capital gains
Other income
Total other income
Otherexpense
Other investment losses
Otherexpense
Owner life insurance
Penalties
Total other expense
Total other income and expense
Net income
Retained earnings - beginning of year
Contributions / (Distributions)
Retained earnings - end of year
See Accompanying Notes
$ 343
14,960
(11,592)
32,396
4,786
$ 40,893
$ 6,824
11
25
$ 6,860
$ 34,033
$ 804,648
$ 2,745,140
{268,31 b)
$ 3,281,473
$ 956
3,524
50,777
'19,278
1,513
2,221
$ 78,269
$ -
1 �1,165
5,525
$ 16,690
$ 61,579
$ 177,191
' $ 2,566,149
1,800
$ 2,745,1�0
■
FAIN
Fain Group Inc
Statement of Cash Flows
For the Twelve-Month Perioc! �nding December 31, 2013
Period Ended
December 3'I, 2013
OPERATING ACTIVITIES
Net income
Net cash provided by operations
Depreciation expense
Amortization Expense
Decrease in trade receivabie
Increase in retainage receivable
Decrease in recefvable - other
Increase in investments
Increase in earniogs in excess of billings on
uncompleted contracts
�ecrease in notes receivable
Decrease fn trade accounts payable
Increase In other payabies
Increase in bil(ings in excess of costs and estimated
earnings on uncompfeted contracts
Decrease in unrealized losses on available-for-sale securities
Net cash provided by operating activiiies
(NVES7ING ACTIVITI�S
Net cash provided by investing aciivities
increase in fixed assefs
Net cash provided by investing activities
F�NANCING ACTIVITIES
Net cash provided by financing activities
Inarease in loans paya6le
Net cash provided by financing activities
Net cash increase for ihe per(od
Shareholder distributions
Cash at the beginning of period
Cash at the end of the period
See Accompanying Notes
$ 804,648
186,201
19
356,705
(249,106)
(5,367j
(216,086)
(120,423)
6,824
(414,436)
A4,1a3
907,214
190,164
$ 1,490,499
$ (750,659)
$ (75D,659)
$ 358,683
$ 356,683
$ 1,098,523
(268,315)
178,355
$ 1,008,563
�
FAIN
� � � _►_L
Standard General Conditions For A CMAR Contract
CMAR — PACS — Gateway Park Improvements Page 12 of 13
ATTACHMENT C
STANDARD GENERAL CONDITIONS FOR A CMAR
AGREEMENT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUI�iENTS FOR CMAR PROJECTS Page 1 of 71
Revised December 2014
STANDARD GENERAL CONDITIONS OF A
CMAR AGREEMENT
TABLE OF
CONTENTS
Page
Article 1— Definitions and Terminology .......................................................................................................... 6
1.01 Defined Terms ............................................................................................................................... 6
1.02 Terminology .................................................................................................................................12
Article 2 — Preliminary Matters ........................................................................................................................13
2.01 Copies of Documents ...................................................................................................................13
2.02 Commencement of Contract Time; Notice to Proceed ...............................................................13
2.03 Starting the Worlc .........................................................................................................................13
2.04 Before Starting Construction, Baseline Schedules ......................................................................14
2.05 Preconstruction Conference .........................................................................................................14
2.06 Public Meeting .............................................................................................................................14
Article 3— Contract Documents: Intent, Amending, Reuse ..........................................................................14
3 .O 1 Intent .............................................................................................................................................14
3.02 Reference Standards .....................................................................................................................15
3.03 Reporting and Resolving Discrepancies ......................................................................................15
3.04 Amending and Supplementing Contract Documents .................................................................16
3.05 Reuse of Documents ...................................................................................................................16
3.06 Electronic Data ............................................................................................................................16
Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points .........................................................................................................17
4.01 Availability of Lands ...................................................................................................................17
4.02 Subsurface and Physical Conditions ...........................................................................................17
4.03 Differing Subsurface or Physical Conditions ..............................................................................18
4.04 Underground Facilities ................................................................................................................19
4.05 Reference Points ..........................................................................................................................20
4.06 Hazardous Environmental Condition at Site ...............................................................................20
Article 5— Indemnity, Bonds and Insurance ....................................................................................................21
5 . O 1 Indemnification . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . 21
5.02 Bonds ............................................................................................................................................22
5.03 Certificates of Insurance .............................................................................................................. 23
5.04 Categories of Insurance ............................................................................................................... 24
5.05 Insurance Requirements ........... ... ..................... . ...................... .......................25
5.06 Acceptance of Bonds and Insurance; Option to Replace ..........................................................27
CITY OF FORT WORTH
STANDAItD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 2 of 7l
Revised December2014
Article6- CMAR's Responsibilities .............................................................................................................. 27
6.01 Supervision and Superintendence ...............................................................................................27
6.02 Labor; Working Hours .................................................................................................................28
6.03 Solicitation of Construction- Phase Work ..................................................................................28
6.04 Service, Material and Equipment ................................................................................................29
6.05 Project Schedule ......................................................................................................................:...29
6.06 Substitutes and "Or Equals" ........................................................................................................30
6.07 Concerning Subcontractors, Suppliers, and Others ...................................................................32
6.08 Wage Rates ................................................................................................................................ 33
6.09 Patent Fees and Royalties .......................... ................. ....................................34
6.10 Permits and Utilities ....................................................................................................................35
6.11 Laws and Regulations .................................................................................................................35
6.12 Taxes ...........................................................................................................................................36
6.13 Use of Site and Other Areas .......................................................................................................36
6.14 Record Documents ......................................................................................................................37
6.15 Safety and Protection .................................................................................................................. 37
6.16 Safety Representative ..................................................................................................................38
6.17 Hazard Communication Programs .............................................................................................38
6.18 Emergencies and/or Rectification ...............................................................................................38
6.19 Submittals and Samples ...........................................................................................................39
6.20 Continuing the Work ...................................................................................................................40
6.21 CMr1R's General Warranty and Guarantee ................................................................................40
6.22 Additional Professional Design Services ..................................................................................41
6.23 Right to Audit .............................................................................................................................. 42
6.24 Nondiscrimination .......................................................................................................................42
Article 7- Other Work at the Site ...................................................................................................................42
7.01 Related Worlc at Site ...................................................................................................................42
7.02 Coordination ................................................................................................................................43
Article8 - City's Responsibilities ...................................................................................................................43
8.01 Communications to CMAR .........................................................................................................43
8.02 Furnish Data ................................................................................................................................43
8.03 Pay When Due ............................................................................................................................44
8.04 Change Orders .............................................................................................................................44
8.05 Inspections, Tests, and Approvals .............................................................................................. 44
8.06 Limitations on City's Responsibilities .......................................................................................44
8.07 Undisclosed Hazardous Environmental Condition ................................................................ ...44
Article 9- City's Observation Status During Construction ...........................................................................44
9.01 City's Project Representative .....................................................................................................44
9.02 Visits to Site ................................................................................................................................45
9.03 Authorized Variations in Work ..................................................................................................45
9.04 Rejecting Defective Work ..........................................................................................................45
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9.05 Determinations for Work Performed ..........................................................................................45
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ...................45
Article 10 - Changes in the Work; Claims; Extra Work ................................................................................46
10.01 Authorized Changes in the Work ............................................................................................... 46
10.02 Unauthorized Changes in the Work ........................................................................................... 46
10.03 Execution of Change Orders .......................................................................................................46
10.04 Extra Work ...............................................................................................:..................................46
10.05 Notification to Surety ..................................................................................................................47
10.06 Contract Claims Process .............................................................................................................47
Article 11- Cost of the Work; Allowances; Unit Price Work .......................................................................48
11.01 Cost of the Work ......................................................................................................................... 48
11.02 Allowances/Contingency ............................................................................................................54
11.03 Unit Price Work .......................................................................................................................... 54
11.04 Additional Compensation . . .. . . . . . . . . . . .. . .. . .. . . . . .. . .. . . . ... . .. . ..... . .. . .. . .. . .. . ... .. . .. . .. . .. . .. . .55
Article 12 - CMf1R's Fee, Change of Contract Price; Change of Contract Time, Delays ............................ 55
12.01 CMAR's Fee ................................................................................................................................55
12.02 Change of GMP ...........................................................................................................................55
12.03 Change of Contract Time ...........................................................................................................56
12.04 Delays ......................................................................................................56
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 57
13.01 Notice of Defects ........................................................................................................................ 57
13.02 Access to Work ........................................................................................................................... 57
13.03 Tests and Inspections .................................................................................................................. 57
13.04 Uncovering Work ........................................................................................................................58
13.05 City May Stop the Work ............................................................................................................. 58
13.06 Correction or Removal of Defective Work ................................................................................ 59
13.07 Correction Period ........................................................................................................................ 59
13.08 Acceptance of Defective Work ................................................................................................... 60
13.09 City May Correct Defective Work ............................................................................................. 60
Article 14 - Payments to CMAR and Completion ......................................................................................... 61
14.01 Schedule of Values ......................................................................................................................61
14.02 Progress Payments ...................................................................................................................... 61
14.03 CMAR's Warranty of Title ......................................................................................................... 63
14.04 Partial Utilization ........................................................................................................................ 63
14.05 Finallnspection ...........................................................................................................................64
14.06 Final Acceptance .........................................................................................................................64
14.07 Final Payment ..............................................................................................................................64
14.08 Final Completion Delayed and Partial Retainage Release ........................................................65
14.09 Waiver of Claims ........................................................................................................................ 65
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Article 15 — Suspension of Work and Termination ........................................................................................ 66
15.01 City May Suspend Work .............................................................................................................66
15.02 City May Terminate for Cause ................................................................................................... 66
15.03 City May Terminate For Convenience .......................................................................................68
Article16 — Dispute Resolution ...................................................................................................................... 70
Methodsand Procedures .....................................................................................................................70
Articie17 — Miscellaneous .............................................................................................................................. 70
17.01 Giving Notice .............................................................................................................................. 70
17.02 Computation of Times ...............................................................:................................................ 71
17.03 Cumulative Remedies ................................................................................................................. 71
17.04 Survivai of Obligations ............................................................................................................... 71
17.05 Headings .................,....................................................................................................................71
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ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
Wherever used in these General Conditions or in other Contract Documents, the terms listed below
have the meanings indicated which are applicable to both the singular and plural thereof, and words
denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized
or written in italics, but not always. When used in a context consistent with the definition of a listed-
defined term, the term shall have a meaning as defined below whether capitalized or italicized or
otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract
Documents include references to identified articles and paragraphs, and the titles of other documents or
forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and CMA.R
covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by CMAR during the
course of the Work in requesting progress or final payments and which is to be accompanied by such
supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels established by the United States Occupational
Safety and Health Administration.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder
should it seek to self-perform portions of the Work.
8. Bidding Docun�ents—The Bidding Requirements and the proposed Contract Documents (including
all Addenda).
9. Bidding Reqzriren�ents—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security
of acceptable form, if any, and the Bid Form with any supplements.
10. Bz�siness Day — A business day is defined as a day that the City conducts normal business, generally
Monday through Friday, except for federal or state holidays observed by the City.
11. Bzrsiness Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance #20020-
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12-2011, as amended.
12. Barzzsativ — City's on-line, electronic document management and collaboration system.
13. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
14. Change Order—A document, which is prepared and approved by the City, which is signed by
CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the
Agreement.
15. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by its
governing body through its City Manager, his designee, or agents authorized under his behalf, and is
the entity with whom CMAR has entered into the Agreement and for whom the Work is to be
performed.
16. Ciry Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly
authorized representative.
17. City Coarncil - The duly elected and qualified governing body of the City of Fort Worth, Texas.
18. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth,
Texas, or his duly authorized representative.
19. CMAR — A sole proprietorship, partnership, corporation, or other legal entity that assumes the
risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a
general contractor and provides consultation to the City regarding construction during and after
the design of the facility.
20. CMAR Fee —The moneys payable by City to CMAR for prosecution of the Work in accordance
with the Contract Documents as stated in the Agreement.
21. Corrtract Clain�—A demand or assertion by City or CMAR seeking an adjustment of Contract
Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand
for money or services by a third party is not a Contract Claim.
22. Contract—The entire and integrated written document between the CMAR and Contractor
concerning the Work. The Contract is subservient to the Agreement and all Contract Documents.
23. Contract Doczrnzents—The Agreement, the Request for Proposals, CMAR's Proposal, the
Construction Documents, and any exhibits thereto, and other necessary documents as may be
indicated by the City whether specifically attached hereto or provided separately. Approved
Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are
not Contract Documents.
24. Contract Price—The moneys payable by CMAR to a Contractor for completion of the Work in
accordance with the Contract.
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25. Contract Time— The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any, and (ii) complete the Work so that it is ready for Final Acceptance.
26. Contractor The individual or entity, whether one or more, with whom CMAR has entered into a
Contract for construction of the Work.
27. Co�strzrction Docamzents-Those written or electr•onic documents indicating the basic scope of work
as set forth by the Engineer, Engineer�'s formal construction documents, Drawings and
Specifications, including materials, and work package(s) bid documents.
28. Constrz�ction Phase Services — Those services to be provided by CMAR as defined in the RFP and
the CMAR's Proposal.
29. Cost of the Work— The included and excluded costs which CMAR shall consider when developing the
CMAR's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details.
30. Damage Claims — A demand for money or services arising from the Project or Site from a third
party, City, CMAR or Contractor exclusive of a Contract Claim.
31. Dcry or dcry — A day, unless otherwise defined, shall mean a Calendar Day.
32. Director of Aviation — The officially appointed Director of the Aviation Department of the City of
Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
33. Director of Parks and Conanzzmity Services — The officially appointed Director of the Parlcs and
Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents
34. Director of Planning and Developn�e�t — The officially appointed Director of the Planning and
Development Department of the City of Fort Worth, Texas, or his duly appointed representative,
assistant, or agents.
35. Director of Transportation ancl Public Works — The officially appointed Director of the
Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
36. Director of Water Department — The officially appointed Director of the Water Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
37. Drcnvings — That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by Contractor.
Submittals are not Drawings as so defined.
38. Effective Date of the Agreement — The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed by the
City Manager.
39. Engineer — The licensed professional engineer or engineering firm registered in the State of Texas
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performing professional services for the City.
40. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the Contract
Documents. Extra Work shall be incorporated into the Work.
41. Field Order — A written order issued by City which requires changes in the Work but which does
not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field
Orders are paid from Field Order Allowances, if any, or other funding sources incorporated into the
Agreement.
42. Final Acceptance — The written notice given by the City to the CMAR that the Work specified in
the Contract Documents has been completed to the satisfaction of the City.
43. Final Inspection — Inspection carried out by the City to verify that the CMAR has completed
the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with
the Contract Documents.
44. General Requirements—Sections of Division 1 of the Contract Documents.
45. Guaranteed Maxinaa�m� Price (GNIP) - The maximum cost to the City for the Work as established
by the CMAR according to the Contract Documents and as approved by the City.
46. Hazardozrs Environmental Conditiorr—The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that
may present a substantial danger to persons or property exposed thereto.
47. Hazardozrs Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations, as
amended from time to time.
48. Lcnvs and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and
orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
49. Liens�harges, security interests, or encumbrances upon Project funds, real property, or personal
property.
50. Liqzcidated Damages. A specified sum of money that, for each calendar day that any work shall
remain uncompleted after the time specified in the Agreement, will be deducted from the monies due
the CMf1R, not as a penalty, but as liquidated damages suffered by the City.
51. Niajor Itena — An Item of work included in the Contract Documents that has a total cost equal to or
greater than 5% of the original Contract Price or $25,000 whichever is less.
52. MBE - A business concern located in the Marketplace (as deiined in the Business Diversity
Ordinance #20020-12-2011, as amended) meeting the following criteria: is at least 51 percent
owned by one or more minoritv persons, or, in the case of any publicly owned business, at least 51
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percent oithe stock is owned by one or more minoritv persons; and management and daily business
operations are controlled by one or more minoritv persons who own it.
53. MBE Plan — An MBE Utilization Plan to address the diverse MBE goal for use when bids or
proposals are sought from trade contractors or subcontractors for performance of all major elements
of the Work.
54. Milestorre—A principal event specified in the Contract Documents relating to an intermediate Contract
Time prior to Final Acceptance of the Work.
55. Notice of Award—The written notice by City to the successful Proposer stating that upon timely
compliance by the successful Proposer with the conditions precedent listed therein, City will execute
the Agreement.
56. Notice to Proceed—A written notice given by City to CMAR fixing the date on which the Contract
Time will commence to run and on which Contractor shall start to perform the Work specified in
Contract Documents.
57. Ope� Book Price The price of subcontracts and purchases, the site expenses for superintendence and
professional services directly supporting the construction effort plus agreed overhead and profit.
58. PCBs—Polychlorinated biphenyls.
59. Petr�olei�m—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Waste and crude oils.
60. Plans — See definition of Drawings.
61. Pre-Construction Phase Services — Those services to be provided by CMAR as defined in the RFP.
62. Project—The Work to be performed under the Contract Documents.
63. Project Schedarle—A schedule, prepared and maintained by Contractor, in accordance with the
General Requirements, describing the sequence and duration of the activities comprising the
Contractor's plan to accomplish the Work within the Contract Time.
64. Project Representative—The authorized representative of the City who will be assigned to the
Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects
of the construction phase of the Work.
65. Proposal — A Proposer's r•esponse to the RFP issued by the City to solicit a CMAR to per�form
CMAR services.
66. Proposer — A CMAR Firm which submits a Proposal.
67. Pa�blic Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public
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participation and to inform the public of the Project.
68. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
69. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru
Friday (excluding legal holidays).
70. Request for Proposals (RFP) — A request by the City issued to qualified CM�1R Firms for
Proposals to perform CM11.R services for the Project.
71. Retainage — The amount of money, on a percentage basis, identified in the Agreement to be withheld
by City from each of CMAR's progress payments
72. Samples—Physical examples of materials, equipment, or workmanship that are representative of
some portion of the Work and which estabiish the standards by which such portion of the Work will
bejudged.
73. Schedzrle of Submittals—A schedule, prepared and maintained by CMAR, of required submittals
and the time requirements to support scheduled performance of related construction activities.
74. Schedule of Valzres—A schedule prepared and maintained by CMAR, aliocating portions of the
Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications
for Payment.
75. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which
the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and
such other lands furnished by City which are designated for the use of CMAR in furtherance of the
Project.
76. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto. Specifications may be
specifically made a part of the Contract Documents by attachment or, if not attached, may be
incorporated by reference.
77. Subcontractof•—An individual or entity having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work at the Site.
78. Sacbmittals—All drawings, diagrams, illustrations, schedules, and other data or information which
are specifically prepared or assembled by or for CM11R and submitted to City by CME1R to illustrate
some portion of the Work.
79. Sarbstantial Con�pletion — The stage in the progress of the Project when the Work (or designated
portion thereo fl is sufficiently complete in accordance with the Contract Documents so that the City
can utilize the Project (or a designated portion thereo fl for its intended use.
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80. Szrccessfid Bidder—The Bidder submitting the lowest and most responsive Bid and to whom CMAR
makes an award of Contract unless otherwise directed by City.
81. Superintendent — The representative of the CMAR who is available at all times and able to receive
instructions from the City and to act for the CMAR.
82. Sarpplementary Conditiorrs—That part of the Contract Documents which amends or supplements
these General Conditions.
83. Sz�pplier—A manufach�rer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CMAR, Contractor or with any Subcontractor to furnish materials or equipment to be
incorporated in the Work.
84. UndergroZnc�l Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities,
including but not limited to, those that convey electricity, gases, steam, liquid petroleum products,
telephone or other communications, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
85. Unit Price Work—See Paragraph 11.03 of these General Conditions fox definition.
86. Weekend Working Hozrrs — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday
or legal holiday, as approved in advance by the City.
87. Work—The collective design-phase and construction-phase, or the various separately identifiable
parts thereof, required to be provided under the Contract Documents. Work includes and is the result
of performing or providing all labor, services, and documentation necessary to produce such design
and construction including any Change Order or Field Order, and furnishing, installing, and
incorporating all materials and equipment into such construction, all as required by the Contract
Documents.
88. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays
authorized by the City for contract purposes, in which weather or other conditions not under the
control of the CMAR will permit the performance of the principal unit of work underway for a
continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "t•easonable," "suitable," "acceptable," "proper," "satisfactot•y," or
adjectives of like effect or import are used to describe an action or determination of City as to
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the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or defcient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c, has been damaged prior to City's written acceptance.
D. Fztrnish, Install, Perform, Provide, Satpply:
The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the
word "Supply," or any combination or similar directive or usage thereof, shall mean
,�i�rnishing and incorpo�ating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. C o m m o n C o n s t r as c t i o n T e r m s: Unless stated otherwise in the Contract Documents,
words or phrases that have a well-known technical or construction industry or trade meaning
are used in the Contract Documents in accordance with such recognized meaning.
ARTICLE 2 — PRELIlVIINARY MATTERS
2.01 Copies of Docttments
City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the
Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as
requested by CMAR. Additional copies will be furnished upon request at the cosf of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
2.03 Starting the Work
CMAR shall begin compensable performance of the design-phase portion of the Work on the
date when the Contract Time commences to run. No construction-phase Work shall be done at the
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Site prior to the date on which the City approves the final design of the Work, unless an early works
pacicage, whether one or more, is requested and permission is specifically granted by the City.
2.04 Before Starting Construction, Baseline Schedules
CMAR shall submit t o C i t y i t s s c h e d u 1 e in accordance with the Contract Documents, and
prior to starting the Work. No progress payment shall be made to CM�1R until acceptable schedules
are submitted to City in accordance with the Schedule Specification as provided in the Contract
Documents.
2.05 Preconstrzrction Conference
Before any construction-phase Work at the Site is started, the CMAR shall attend a
Preconstruction Conference as specified in the Contract Documents.
2.06 Pzrblic Meeting
CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR and
Contractor, if known, attending the Public Meeting as scheduled by the City.
ARTICLE 3— CONTRACT DOCUIVILNTS: INTENT, AMENDING, REUS�
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereo fl to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or at�ticles within a part depending on the format of the
section. The CMAR o r Contractor shall not take advantage of any variation of form, format
or style in making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
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section is provided as an aid and convenience to the Contractor. The CMAR o r Contractor shall
not rely on the cross referencing provided and shall be responsible to coordinate the entire Work
under the Contract Documents and provide a complete Project whether or not the cross
referencing is provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, sha11 be effective to change the duties or responsibilities of City, CMAR,
Contractor, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to City or any of its officers, directors, members, partners, employees, agents, consultants, or
subcontractors, any duty or authority to supervise or direct the performance of the Work or
any duty or authority to undertake responsibility inconsistent with the provisions of the
Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. CMAR's crnd Contractor's Revietiv of Contract Documents Before Starting Work: Before
undertaking each part of the Work, CMAR a n d Contractor shall carefully study and
compare the Contract Documents and check and verify pertinent figures therein against all
applicable field measurements and conditions. CMAR shall promptly report in writing to
City any conflict, error, ambiguity, or discrepancy which CMAR discovers, or has actual
knowledge of, and shall obtain a written interpretation or clarification from City before
proceeding with any Work affected thereby.
2. CMAR's o r Contractor's Review of Contract Docarments During Performance of Work:
If, during the performance of the Work, CMAR o r Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents, or between the Contract
Documents and (a) any applicable Law or Regulation, (b) any standard, specification,
manuai, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it
to City in writing. CMAR shall not proceed with the Work affected thereby (except in an
emergency as required by Paragraph 6.18.A) until an amendment or supplement to the
Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.
3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless CMf1R had actual knowledge thereof.
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B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Anzertding and Szrpplenze�ting Contract Docume�ts
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by
one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.19.C); or
3. City's written interpretation or clarification.
3.05 Reiise of DocZm7ents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
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to Contractor, or by CMAR to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability ofLands
A. City shall furnish the Site. City shall notify CMnR of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which CMAR must comply in
performing the Work. City wili obtain in a timely manner and pay for easements for permanent
structures or permanent changes in eYisting facilities.
l. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the CMAR in accordance with the Contract Documents must consider
any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or
relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary
Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract
Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by
others. �
B. Upon reasonable written request, City shall furnish CME1R with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
C. CMAR shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Sacbsu�face and Physical Conditions
A. Reports and Drcztivings: The Supplementary Conditions identify:
l. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
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2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by CMAR on Technical Data Azithorized: CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
l. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by CMAR, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Sirbsa�rface oN Physical Conditions
A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or
revealed either:
l. is of such a nature as to establish that any "technical data" on which CM�R is entitled to
rely as provided in Paragraph 4A2 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then CMA.R shall, immediately after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Worlc in connection therewith (except in an
emergency as required by Paragraph 6.18.A), notify City in writing about such condition.
B. Possible Price arrd Tin�e Adja�stfnents
CMf1R shall be entitled to an adjustment in the GMP or Contract Time if
1. CMAR did not know of the existence of such conditions at the time CMAR made a final
commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or
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becoming bound under a negotiated contract; or
2. the existence of such condition could not reasonably have been discovered or revealed as a
result of the examination of the Contract Documents or the Site; or
3. CMAR gave the written notice as required by Paragraph 4.03.A.
4.0� Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shaii not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. The cost of all of the following will be included in the GMP, and CMAR shall have full
responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Showrr or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as required by Paragraph 6.18.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. CM�1R shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Conh•act Documents is required, a Change Order may
be issued to reflect and document such consequences.
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Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
CMAR shall provide engineering surveys to establish reference points for construction, which are
necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or
other customary method of marking to establish line and grades for roadway and utility construction,
centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established
reference points and property monuments, and shall make no changes or relocations. CMAR shall
report to City whenever any reference point or property monument requires relocation because of
necessary changes in grades or locations. CMAR shall be responsible for the replacement or
relocation of reference points or property monuments destroyed by the CMAR or Contractor.
4.06 Hazardozrs Environnzerttal Conditzon at Site
A. Reports and Drcnvings: The Supplementary Conditions identify those reports and drawings
lcnown to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Rediance by CMAR orr Technical Data Azrthorized: CMAR may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. CMAR may not make any Contract Claim against City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for CMAR's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by CMAR and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CMAR shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a
Hazardous Environmental Condition created with any materials brought to the Site by CMAR,
Contractor, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible.
D. If CMAR encounters a Hazardous Environmental Condition or if CMAR or anyone for whom
CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such
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condition and in any area affected thereby (except in an emergency as required by Paragraph
6.18.A); and (iii) verbaily notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any. When the Hazardous Environmental Condition has been rendered
harmless by the City's separate remediation contractor, the work in the affected area shall resume
upon written agreement of the City and CMAR. For such Hazardous Environmental Conditions
that CMAR encounters that are not within CMAR's scope of work, the Contract Time shall be
extended appropriately and the Contract Price shall be increased in the amount of Contractoi�'s
reasonable costs of shut-down, delay and start-up, by Change Order.
E. CMAR shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to CMAR: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice CMAR does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permittetl by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from t�nd against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, arclaitects, attorneys, and other professionals and
all court or otlzer dispute resolution costs) arising out of or relating to a Hazardous
Efavironmental Con�ition created by CMAR or by anyone for whom CMAR is responsible.
Notlting in this ParagNaph slzall obligate CMAR to ifzdemnify any in�lividual or entity from
and against tlte consequences of tta�at individual's or entity's own negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5— INDEIVINITY, BONDS AND INSURANCE
5.01 Indemnification - CMAI2 COVENANTS AND AGREES TO, AND DOES HEREBY ASSUN�
LIABILITY, INDENINIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIlVIS OR SUTTS FOR PROPERTY DAMAGE OR LOSS AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KIND OR CfIARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH, DIl2ECTLY OR INDIRECTLY, THE WORK TO BE
PERFORMED iTNDER THE AGREEMENT, WHETHER OR NOT CAIISED IN WHOLE OR
IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS,
AGENTS, SER vANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR
LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIIFY AND
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HOLD CITY HARNII�ESS FROM AND AGAINST E1NY AND ALL INJURIES, LOSS, OR
DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH,
DIRECTLY OR INDIl2ECTLY, THE WORK TO BE PERFORMED iJNDER THE
AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING
FROM, IN WHOLE OR IN PART, ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. THE INTENT
OF TffiS PARAGRAPH IS TO REQiJIRE CMAR TO IlVDENINIFY THE CITY FOR ITS
SOLE OR CONCIJRRENT NEGLIGENCE.
5.02 Bonds
All bonds and insurance required by the Contract Documents to be purchased and maintained by
CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in
the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such
surety and insurance companies shall also meet such additional requirements and qualifications as
may be provided in the Supplementary Conditions.
Performance Payment, and Maintenance Bonds
A. If a fixed contract amount or GMP has not been determined at the time the Agreement
is awarded, the penal sums of the performance and payment bonds must each be in an
amount equal to the construction budget.
B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver
to the City payment and performance bonds or a bid bond or other financial security acceptable
to City to ensure that the CMAR will furnish the payment and performance bonds prior to
commencement of the construction Work. No payment or performance bond is required for the
design portion of the Agreement. The payment and performance bonds shall each be on a form
acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in
the name of the City.
C. Maintenance bond(s), valid for two years from the Substantial Completion date of the
construction Work, shall be procured and provided by the CMAR to City prior to final
acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name
of and in favor of the City.
D. All payment, performance and maintenance bonds issued shall be provided by a surety in
accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at
the time of issuance in default or delinquent on any bonds or which are interested in any
litigation against the City. Should any surety on the contract be determined unsatisfactory at
any time by the City, notice wili be given to the CMAR to that effect and the CMAR shall
immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an
agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which
shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its
right to do business in the State of Texas is terminated or it ceases to meet the requirements of
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Paragraph 5.02.D, CMAR shall promptly notify City
giving rise to such notification, provide another bond
with the requirements of Paragraphs 5.01 and 5.02.D.
5.03
Certificates of Insa�rance
and shall, within 30 days after the event
and surety, both of which shall comply
CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the
Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by
City or any other additional insured) which CM�1R is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
2. The CMAR's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
Ali applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the CMAR agrees to waive all rights of subrogation against the
Engineer (if applicable, and except related to any Builders' Risk insurance provided by
CMAR), and each additional insured identified in the Supplementary Conditions.
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of
insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Agreement and for three (3) years following
Final Acceptance provided under the Contract Documents or for the warranty period,
whichever is longer. An annual certificate of insurance submitted to the City shall evidence
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such insurance coverage.
9. Policies shall have no exclusions by endorsements which neither nullify or amend the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been awarded and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the CMAR or Contractor to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR) in excess of $25,000.00 affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverages and their limits when deemed necessary
and prudent by the City based upon changes in statutory law, court decision or the claims
history of the industry as well as of the contracting party to the City. The City shall be
required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Agreement by amendment.
12. Ciry shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto.
13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's
msurance.
5.04 Categories of Insurance
A. Workers Compensation an�l Employers' Liability. CMAR shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workeis'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from CMAR's
performance of the Work and CM�R's other obligations under the Contract Documents,
whether it is to be performed by CMf1R, Contractor, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform any of the Work, or by anyone for
whose acts any of them may be liable for:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Comnaercial General Liabilzty. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
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products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the CMAR to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any autd',
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the CMAR, Contractor, any Subcontractor or
Supplier, or by anyone directly or indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the CMAR shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: CMAR shall immediately notify City upon canceliation or
other loss of insurance coverage. CMAR shall stop work until replacement insurance has been
procured. There shall be no time credit for days not worked pursuant to this section.
5.05 InsatiNance Requirements
A. PNeconstNuction Phase Services:
1. CM�1R shall not commence worlc under this Agreement until it has obtained all insurance
required as specified herein and the City has approved such insurance.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split
limits basis). Coverage shall be on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
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$100,000 disease - each employee
2. Additional Insurance Requirements
a. Except for employer's liability insurance coverage under CMf1R's worker's compensation
insurance policy, the City, its officers, employees and servants sha11 be endorsed as an
additional insured on CMAR's insurance policies.
b. Certificates of insurance shall be delivered to the City's Project Representative at the address
specified prior to commencement of Work.
c. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of
cancellation, non-renewal, and/oi• material change in policy terms or coverage. A ten days'
notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
f. Other than worlcer's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or rislc treatment measures through insurance pools or
risk retention groups. The City must approve in writing any alternative coverage.
g. Workers' compensation insurance policy(s) covering employees employed on the Project
shall be endoised with a waiver of subrogation providing rights of recovery in favor of the
City.
h. CMAR's insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by City shall not be
called upon to contribute to loss recovery.
i. In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project
Representative any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
j. CMAR's liability shall not be limited to the specified amounts of insurance required herein.
B. Constrzrction Phase:
The limits of liability for the required insurance shall provide the following coverages for not
less than the following amounts or greater where required by laws and regulations:
Workers' Compensation:
Statutory limits
Employer's liability
$100,000 each accident/occurrence
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$100,000 Disease - each employee
$500,000 Disease - policy limit
Commercial General Liability:
Commercial General Liability shall be on a per project basis covering the CMAR with
minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site or each work package,
if more than one.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
Automobile Liability:.
A commercial business policy shall provide coverage on "Any Auto", defined as autos
owned, hired and non-owned and shall be in an amount not less than the following amounts:
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if
limits are at least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
5.06 Acceptarrce of Bonds and Insa�rance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the CMAR in accordance with this Article 5 on the
basis of non-conformance with the Contract Documents, the City shall so notify the CMA- R in
writing within 10 Business Days after receipt of the certificates (or other evidence requested).
CMAR shall provide to the City such additional information in respect of insurance provided as the
City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior
to the start of the Work, or of such failure to maintain prior to any change in the required coverage.
ARTICLE 6 — CMAR'S RESPONSIBILITIES
6.01 Supervision and Superirrterrc�ence
A. CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting
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such attention thereto and applying such slcills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. CMAR shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, CMAR shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be CMAR's representative at the Site and shall have authority to act on
behalf of CMAR. All communication given to or received from the Superintendent shall be
binding on CMAR.
C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of
construction-phase Work.
6.02 Labor; Working Hoz�rs
A. CMAR shall provide competent, suitably qualified personnel to perform construction as required
by the Contract Documents. CMAR shall at all times maintain good discipline and order at the
S ite.
B. Except as otherwise required for the safety or protection of persons or the Worlc or property at
the Site or adjacent thereto, and eYcept as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. CMAR will not permit the
performance of Work beyond Regular Worlcing Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior;
2. for Weekend Working Hours request must be made by noon of the preceding Thursday;
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Solrcitation of Construction-Phase Work.
A. CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade
contractors or subcontractors for the performance of all major elements of the Work other than
minor work that may be included in the Construction Documents. CMAR may seek to self-
perform poi�tions of the Work by submitting its Bid or proposal for those portions of the work in
the same manner as all other trade contractors or subcontractors and upon a determination by
City that the CMAR's bid or proposal provides the best value for the City.
B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that
does not disclose the contents of the Bid or proposal during the selection process to a person not
employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the
City on request and to the public after the later of the award of the Contract or the seventh day
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after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and
recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City
requires another Bid or proposal to be accepted, City sha11 compensate the CMAR by a change
in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the
City's requirement that another Bid or proposal be accepted.
C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to
execute a Contract after being so selected, the CMAR may fulfill, without advertising, the
Contract requirements or select a replacement trade contractor or subcontractor to fulfll the
Contract requirements.
6.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall eYpressly run to the benefit
of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of Agreement, unless otherwise specified.
6.05 Project Schedzrle
A. CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and
the General Requirements as it may be adjusted from time to time as provided below.
1. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the
General Requirements) proposed adjustments in the Project Schedule that will not result in
changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. CMAR shall submit to City a monthly Project Schedule with a monthly progress payment for
the duration of the Agreement in accordance with the schedule specification 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
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may only be made by a Change Order.
6.06 Substitutes and "Or•-E�Iuals "
A. Whenever an item of material or equipment is specified or described in the Construction
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function, appearance, and quality
required. Unless the specification or description contains or is followed by words reading that:
no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or
equipment of other Suppliers may be submitted to City by CMAR for review under the
circumstances described below.
"Or-Eqiral " Iten�s: If in City's sole discretion an item of material or equipment proposed by
CMAR is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or-equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of
material or equipment will be considered fitnctionally equal to an item so named if:
a. The City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the fiinction and achieve the results
imposed by the design concept of the completed Project as a fi�nctioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. CMAR certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Construction Documents.
2. Sacbstitarte Iten�s:
a. If in City's sole discretion an item of material or equipment proposed by CMAR does not
qualify as an "or-equal" item, it may be submitted as a proposed substitute item.
b. CMAR shall submit sufficient information as provided below to allow City to determine
if the item of materiai or equipment proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for review of proposed substitute items of
material or equipment will not be accepted by City from anyone other than CMAR.
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c. CMAR shall make written application to City for review of a proposed substitute item of
material or equipment that CMAR seeks to furnish or use. The application shall comply
with Section 0125 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
CMAR's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Szrbstitarte Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents, CMAR
may furnish or utilize a substitute means, method, technique, sequence, or procedure of
construction approved by City. CMAR shall submit sufficient information to ailow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. CM�1R sha11 make written application to City for review
in the same manner as those provided in Paragraph 6.06.A.2.
C. City's Evalzration: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.B. City may require CMAR
to furnish additional data about the proposed substitute. City will be the sole judge of
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acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or-equal." City will advise CMAR in writing of its determination.
6.07
D. Special Guarantee: City
respect to any substitute.
or indirectly enlployed r
�.rpenses (ifzclrrdi�zg att
equipnzent.
may require CMAR to furnish at CMf1R's expense a warranty with
CMAR sliall inrle�rrnify and liold /tt�rmless City a�zd anyone directdy
� t/iem from �rnrl against any an�l all claims, tlarrtt�ges, losses and
�ri�eys' fees) arising out of tlae use of substituted materials or
E. City's Cost Reimbursenzent: City will record City's costs in evaluating a substitute proposed or
submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.B. Whether or not City approves
a substitute so proposed or submitted by CMAR, CMAR may be required to reimburse City for
evaluating each such proposed substitute. CMAR may also be required to reimburse City for the
charges for making changes in the Contract Documents (or in the provisions of any other direct
contract with City) resulting from the acceptance of each proposed substitute.
F. CMAR's Expense: CM11R shall provide all data in support of any proposed substitute or "or-
equal" at CMAR's expense.
G. Ciry Szrbstitarte Reimbursemeht: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Agreement by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
Corrcerning Szrbcontractors, Suppliers, and Others
A. Bzisiness Diversity Errterprise Ordinance Con�pliance: It is a City requirement to ensure the full
and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the
procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If
the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply
with the City's Business Diversity Ordinance by doing the following:
1. CMAR shall provide complete and accurate information regarding actual work performed by
an MBE and/or SBE on the Contract and payment therefor.
2. CMAR's ot• Contractor's failure to make payments as provided by state law shall, in addition
to any other remedies provided by law, authorize City to withhold firture payments and/or
reject future bids from the CMAR or Contractor until compliance with the Business Diversity
Enterprise Ordinance is attained.
3. CMAR will not make additions, deletions, or substitutions of accepted MBE/SBE firms
without written consent of the City. Any unjustified change or deletion shall be a material
breach of the Agreement and may result in disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
4. CMAR shall, upon request by City, allow an audit and/or examination of any books, records,
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or fles in the possession of the CMAR that will substantiate the actual work performed by
an MBE and/or SBE. Material misrepresentation of any nature may be grounds for
termination of the Agreement in accordance with Paragraph 15.02.A. Any such
misrepresentation may subject CMAR to disciplinary action in accordance with the
procedures outlined in the Business Diversity Enterprise Ordinance.
B. CMf1R shall be fully responsible to City for all acts and omissions of the C o n t r a c t o r,
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the
Contract Documents shall:
1. create for the benefit of any such Contractor, Subcontractor, Supplier, or other individual
or entity, any contractual relationship between City and any such Contractor, Subcontractor,
Supplier or other individual or entity; nor
2. create any obligation on the part of City to pay or to see to the payment of any monies due
any such Contractor, Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
C. CMAR shall be solely responsible for scheduling and coordinating the Work of Contractor,
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with CMAR.
D. All Contractor(s), Subcontractors, Suppliers, and such other individuals or entities performing or
furnishing any of the Work shall communicate with City through CMAR.
E. All Work performed for CMAR by a Contractor, Subcontractor or Supplier will be pursuant to an
appropriate agreement between CMAR and the Contractor, Subcontractor or Supplier which
specifically binds the Contractor, Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of City.
6.08 Wage Rates
A. Darty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. CMAR, Contractor or any Subcontractor who does not pay the prevailing
wage shall, upon demand made by the City, pay to the City $60 for each worker employed for
each calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Conzplaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
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Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
CME1R, Contractor or Subcontractor and any affected worker of its initial determination. Upon
the City's determination that there is good cause to believe the CMAR, Contractor or
Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the
claimant or claimants as the difference between wages paid and wages due under the prevailing
wage rates, such amounts being subtracted from successive progress payments pending a final
determination of the violation.
D. Arbilration Reqz�ired if Violation Not Resolve�' An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR,
Contractor or Subcontractor and any affected worker does not resolve the issue by agreement
before the 15th day after the date the City malces its initial determination pursuant to Paragraph
C above. If the persons required to arbitrate under this section do not agree on an arbitrator
before the l lth day after the date that arbitration is required, a district court shall appoint an
arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The
decision and award of the arbitrator is final and binding on all parties and may be enforced in
any court of competent jurisdiction.
E. Records to be Maintairred. The CMr1R, Contractor and each Subcontractor shall, for a period of
three (3) years following the date of acceptance of the work, maintain records that show (i) the
name and occupation of each worker employed by the CMAR, Contractor or Subcontractor in
the construction of the Work provided for in this Agreement; and (ii) the actual per diem wages
paid to each worker. The records shall be open at all reasonable hours for inspection by the
City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection.
F. Progress Payn�errts. With each progress payment or payroll period, whichever is more frequent,
the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements
of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all
times.
H. Subcontractor Complia�ce. A Contractor shall include in its subcontracts and/or shall otherwise
require all of its Subcontractors to comply with Paragraphs A through G above.
6.09 Patent Fees ancl Royalties
A. CMAR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
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to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of any invention, design, process,
product, or device not specifed in the Contract Documents.
6.10 Permits and Utilities
A. CMAR obtained pernaits and licenses. CMAR shall obtain and pay for all construction permits
and licenses except those provided for below, in the Supplementary Conditions, or Contract
Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses.
CMAR shail pay all governmental charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 610.B.
City shall pay all charges of utility owners for connections providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for below, in the Supplementary Conditions, or Contract Documents. It will be the
CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes
to the Work beyond the scope of any City-acquired permit, the Contractor is responsible for
obtaining clearances and coordinating with the appropriate regulatory agency. The City will not
reimburse the Contractor for any cost associated with these additional requirements of any City-
acquired permit. The following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
611 Laws and Regulations
A. CMAR shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring CMf1R's
compliance with any Laws or Regulations.
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B. If CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall
bear all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) arising out of or relating to such Worlc. However, it shall not be CMAR's responsibility to
make cei�tain that the Construction Documents are in accordance with Laws and Regulations, but
this shall not relieve CMAR of CM�1R's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.12 Tczxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance of this
contract by issuing to his supplier an exemption certificate in lieu of the taY, said eYemption
certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate
issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of
State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax
Code, Subchapter H.
B. TeYas Tax permits and information may be obtained from:
Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. http://www.window.state.t�c.us/taxinfo/taxforms/93-forms.html
6.13 Use of Site and Other Areas
A. Lina�itation on Use ofSzte artd OtherAreas:
1. CM�\R shall confine construction equipment, the storage of materials and equipment, and the
operations of worlcers to the Site and other areas permitted by Laws and Regulations, and
shall not um•easonably encumber the Site and other areas with construction equipment or
other materials or equipment. CMAR shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the CMAR to finish the
section on which operations are in progress before worlc is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim.
4. CMAR slzall inrlen2nify and hold liatm�less City frohz t�nd against all claims, costs, losses,
and �l�mages arising out of or relating to any claim or action, legal or equitable, brought
by any such owner or occupant against City.
B. Renzoval of Debris During Performance of the Work: During the progress of the Work CMAR .
shall keep the Site and other areas free from accumulations of waste materials, rubbish, and
other debris. Removal and disposal of such waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning.• 24- hours after written notice is given to the CMAR that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the CMAR.
D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the
Work and make it ready for utilization by City or adjacent property owner. At the completion of
the Work, CM�1R shall remove from the Site all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Strzrctarres: CMAR shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall CMAR subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.14 Record DocunZents
A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals
and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate
locations for buried and imbedded items.
6.15 Safety and Protection
A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve a
Contractor or Subcontractor(s) of their responsibility for the safety of persons or property in the
performance of their work, nor for compliance with applicable safety Laws and Regulations.
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CMAR shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Worlc;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction of the Work.
B. CMAR shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall
notify owners of adjacent property and owners of Underground Facilities and other utility
owners when prosecution of the Work may affect them and shall cooperate with them in the
protection, removal, relocation, and replacement of their property.
C. CMAR shall comply with the applicable requirements of City's safety programs, if any.
D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with
which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused,
in whole or in part, by CMAR, Contractor, any Subcontractor, Supplier, or any other individual
or entity employed by any of them to perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by CMAR.
F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.16 Safety Representative
CMAR shall inform City in writing of CMAR's designated safety representative at the Site.
6.17 Hazard Conzmarnication Progran�s
CMAR shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.18 Emergencies anc�/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR
shall give City prompt written notice if CMAR believes that any significant changes in the
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Work or variations from the Contract Documents have been caused thereby or are required as a
result thereof. If City determines that a change in the Contract Documents is required because of
the action taken by CMAR in response to such an emergency, a Change Order may be issued.
B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the CMAR written notice that such work or changes are to be performed.. The
written notice shall direct attention to the discrepant condition and request the CMAR to take
remedial action to correct the condition. In the event the CMAR does not take positive steps to
fulfill this written request, or does not show just cause for not taking the proper action, within 24
hours, the City may take such remedial action with City forces or by contract. The City shall
deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds
due or become due the CMAR on the Project.
6.19 Subnaittals and Samples
A. CMAR shall submit required Submittals a n d S a m p 1 e s to City for review and acceptance.
Each Submittal or Sample shall be uniquely identified.
1. Submit three copies of any Submittai unless otherwise specified in the Supplemental Conditions.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment CMAR proposes to provide and to enable City to review
the information for the limited purposes required by Paragraph 6.19.C.
3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance
with the design concept shall be executed in conformity with the Contract Documents unless
otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detaii,
their review shall not excuse CMAR from requirements shown on the Drawings and
Specif cations.
5. For-Information-Only Submittals upon which the City is not expected to conduct review or
take responsive action shall be so identified.
6. Submit the required number of Samples as specified in the Supplemental Conditions.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.19.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal wili be
at the sole expense and responsibility of CMAR.
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C. City's Review:
1. City will provide timely review of Submittals. City's review and acceptance will be only to
determine if the items covered by the Submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole.
2, City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
City's review and acceptance shall not relieve CMAR from responsibility for any variation
from the requirements of the Contract Documents unless CMAR has complied with the
requirements of Section Ol 33 00 'and City has given written acceptance of each such
variation by specific written notation thereof incorporated in or accompanying the Submittal.
City's review and acceptance shall not relieve CMAR from responsibility for complying
with the requirements of the Contract Documents.
6.20 Continuing the Work
Except as otherwise provided, CMAR shall carry on the Worlc and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and CMf1R may otherwise agree in
writing.
6.21 CNIAR's General Warranty and Gziara�tee
A. CMAR warrants and guarantees to City that all Worlc will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
CMAR's warranty and guarantee.
B. CMAR's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than CMAR,
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is
responsible; or
2. normal wear and tear under normal usage.
C. CMAR's obligation to perform and complete the Worlc in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents nor act as a release of CMAR's obligation to
perform the Work in accordance with the Contract Documents:
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1. observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or
any payment related thereto by City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The CMAR shall remedy any defects or damages in the Work that was not performed in
accordance with the Contract Documents, and pay for any damage to other work or property
resulting therefrom which shall appear within a period of two (2) years from the date of
Substantial Completion of the Work and shall furnish a good and sufficient maintenance
bond, complying with the requirements of Article 5.02.C. The City will give notice of
observed defects with reasonable promptness.
6.22 Additional Professional Design Services
A. CMAR will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out CMAR's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of CMAR by the Contract Documents, City will
specify all performance and design criteria that such services must satisfy. CMAR shall cause
such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by CMf1R's design professionals.
D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design
drawings wiil be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.19.C.
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6.23 Right to Audit
A. The CMAR agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers; and records of the CMAR involving transactions
relating to this Agreement, except that any lump sum amounts or agreed-upon rates shall not be
subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to
all necessary CMAR facilities and shall be provided adequate and appropriate work space in
order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give CMAR reasonable advance notice of intended audits.
B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the
Contractor or Subcontractor(s) agree that the City shall, until the eYpiration of three (3) years
after final payment under this Agreement, have access to and the right to examine and photocopy
any directly pertinent books, documents, papers, and records of such Contractor or
Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or
agreed-upon rates shall not be subject to audit), and further, that City shall have access during
Regular Working Hours to all Contractor or Subcontractor facilities, and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this Paragraph. The City shall give Contractor or Subcontractor reasonable advance
notice of intended audits.
C. CMAR, Contractor and Subcontractor agree to photocopy such documents as may be requested
by the City. The City agrees to reimburse CMAR, Contractor or Subcontractor for the cost of the
copies at the rate published in the Texas Administrative Code in effect as of the time copying is
performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are fiinded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 (the "Act ") as amendecl.� CMAR shall comply with the
requirements of the Act and the Regulations as fiirther defined in the Supplementary Conditions
for any project receiving Federal assistance.
ARTICL� 7— OTH�R WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners; and such other contractors shall be responsible for procuring their own property,
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liability or workers compensation insurance, and CMAR shall be named as primary additional
insured on such policies (except workers compensation), and such policies shall include a waiver
of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents,
then written notice thereof will be given to CMAR prior to starting any such other work.
B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise make its several parts come together
and properly integrate with such other worlc. CMAR shall not endanger any worlc of others by
cutting, excavating, or otherwise altering such worlc, provided, however, that CMt1R may cut or
alter others' work with the written consent of City and the others whose work will be affected.
C. If the proper execution or results of any part of CMAR's Work depends upon worlc performed by
others under this Article 7, CMAR shall inspect such other work and promptly report to City in
writing any delays, defects, or deficiencies in such other work that render it unavailable or
unsuitable for the proper execution and results of CMAR's Work. CM -AR's failure to so report
will constitute an acceptance of such other work as fit and proper for integration with CMAR's
Work except for latent defects in the work provided by others.
7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Commimications to CMAR
City shall issue all communications to CMAR.
8.02 Fzl�nish Data
City shall timely:
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A. Provide to CMAR all criteria and full information as to its requirements for the Project,
including design objectives and constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and furnish copies of all design and
construction standards which the City will require to be included in the Project's design or other
information required under the Contract Documents.
B. Provide to CMAR all non-confidential technical data in its possession which it may lawfiilly
release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and
any other information required by CMAR, all of which may be used and relied upon in
performing services under the Agreement.
8.03 Pay When Due
City shall make payments to CMAR in accordance with Article 14.
8.04 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.05 Inspections, Tests, a�d Appf°ovals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
8.06 Lin�itations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and
Regulations applicable to the performance of the Work. City will not be responsible for
CMAR's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15.
8.07 Undisclosed Hazardoi�s Envirorrn�errtal Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
ARTICLE 9— CITY'S OBSERVATION STATUS DLJRING CONSTRUCTION
9.01 Ciry's Project Representative
City will provide one or more Project Representative(s) for the duration of the Project. The duties
and responsibilities and the limitations of authority of City's Project Representative(s) during each
phase of the Work are set forth in the Contract Documents.
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9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of the Work as City deems necessary in order to observe the progress that has been made
on the various aspects of the Work. Based on information obtained during such visits and
observations, City's Project Representative wiil determine, in general, if the Work is proceeding
in accordance with the Contract Documents. City's Project Representative will not be required to
make exhaustive or continuous inspections on the Site to check the quality or quantity of the
Work. City's Project Representative's efforts will be directed toward providing City a greater
degree of confidence that the completed Work will conform generally to the Contract
Documents.
B. City's Project Representative's visits and observations are subject to aii the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.06.
9.03 Authorized Variatiorrs in WoNk
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and
are compatible with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. These may be accomplished by a Field Order and will be binding on
City and CMAR, who shall perform the Work involved prornptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative, in conjunction with
input from City inspectors, believes to be defective, or will not produce a completed Project that
conforms to the Contract Documents or that will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated by the Contract Documents. City will have
authority to conduct special inspection or testing of the Work as provided in Article 13, whether or
not the Work is fabricated, installed, or completed.
9.05 Determinations for Work Perfornzed
CMAR will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with CMAR the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Docun7ents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
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C. City's written decision on the issue referred will be final and binding on the CMAR, subject to
the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN TI� WORK; CLAIMS; EXTRA WORK
10.01 Azrthorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, CMr1R shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra worlc.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
10.02 Unazrthorized Changes in the Work
CMAR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time
with respect to any work performed that is not required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as
provided in Paragraph 6.18.
10.03 Execartion of Change Orders
A. City and CMAR shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extf�a Work
A. Should a difference arise as to what does or does not constitute EYtra Work, or as to the payment
thereof, and the City insists upon its performance, the CMAR shall proceed with the work after
making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Worlc shall be made pursuant to
Paragraph 10.06.
B. The CMAR shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
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C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs CMAR incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Siirety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be CMAR's responsibility.
The amount of each applicable bond will be adjusted by the CMAR to reflect the effect of any such
change.
10.06 Contract Claims Process
A. City's Decision Reqarired: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a condition
precedent to any exercise by CMA.R of any rights or remedies it may otherwise have under the
Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
written notice stating the general nature of each Contract Claim shall be delivered by the
CMAR to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (uniess the City
allows additional time for CMAR to submit additional or more accurate data in support of
such Contract Claim).
3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the
provisions of Paragraph 12.02.
4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.03.
each Contract Claim shall be accompanied by CM -AR's written statement that the adjustment
claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said
event.
C. Ci .ry's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the CMAR, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
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2. approve the Contract Claim; or
notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; ITNIT PRICE WORK
11.01 Cost of the Work
A. Costs Inclzrded: The term Cost of the Work means the sum of all costs, eYcept those excluded in
Paragraph 11.O1.B, necessarily incurred and paid by CMAR in the proper performance of the
Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to
CMAR will be only those additional or incremental costs required because of the change in the
Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.O1.B,
but shall include, but not be limited to, the following items:
payroll costs for employees in the direct employ of CMAR in the performance of the
Work under schedules of job classifications agreed upon by City and CMAR . Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Worlc shall be appoitioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taYes, worlcers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The eYpenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and
refunds or returns from sale of surplus materials and equipment shall accrue to City and
CMAR shall make provisions so that they may be obtained. Costs of materials described in
this paragraph in excess of those actually installed but required to provide reasonable
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allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to
the City at the completion of the Work or, at the City's option, shall be sold by the CMAR
or returned to the supplier; amounts realized, if any, from such sales or returns shall be
credited to the City as a deduction from the Cost of the Work.
3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented
from CMAR or others in accordance with rental agreements approved by City, and the costs
of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such
costs shall be in accordance with the terms of said rental agreements. The rental of any such
equipment, machinery, or parts shall cease when the use thereof is no longer necessary for
the Work.
4. Payments made by CMAR to its Contractor or Subcontractors for Work performed by
Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be
paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and
fee shall be determined by the CM11R.
a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates
listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton
Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. The most
recent published edition in effect at the commencement of the actual equipment use
shall be used.
b. Rates shall apply to equipment in good working condition. Equipment not in good
condition, or larger than required, may be rejected by City's Project Representative or
Engineer or accepted at reduced rates.
c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the
basis that the equipment was on and utilized at the Project site. In addition to the
leasing rate above, equipment operational costs shall be paid at the estimated operating
cost, payment category (and the table below), and associated rate set forth in the Blue
Book if not already included in the lease rate. The hours of operation shall be based
upon actual equipment usage to the nearest full hour, as recorded by the Engineer.
Blue Book Payment
Actual Usage Category
Less than 8 hours Hourly Rate
8 or more hours but less than Daily Rate
7 days
7 or more days but less than Weekly Rate
30 days
30 days or more Monthly Rate
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d. Equipment when idle (Standby): Idle or standby equipment is equipment on-site or in
transit to and from the Work site and necessary to perform the Work under the
modification but not in actual use. Idle equipment time, as documented by the
Engineer, shall be paid at the leasing rate determined in Paragraph 11.O1.A.4.c.,
excluding operational costs.
e. Where a breakdown occurs on any piece of equipment, payment shall cease for that
equipment and any other equipment idled by the breakdown. If any part of the Work is
shut down by the City, standby time will be paid during non-operating work hours if
diversion of equipment to other Work is not practicable. Project Representative
reserves the right to cease standby time payment when an extended shutdown is
anticipated.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed by CMAR for services
specifically related to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
CMAR's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, dismantling and removal of all materials,
supplies, equipment, machinery, appliances, office, and temporary facilities at the Site,
and hand tools not owned by the workers, which are consumed in the performance of the
Work, and cost, less market value, of such items used but not consumed which remain
the property of CMAR.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR
is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations.
d. Deposits lost for causes other than negligence of CMt�R, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
Losses and damages (and related expenses) caused by damage to any of the Work that
has been completed and accepted by the City, not compensated by insurance or
otherwise, sustained by CMAR in connection with the performance of the Work,
provided such losses and damages have resulted from causes other than the negiigence of
CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such losses shall include settlements made
with the written consent and approval of City. No such losses, damages, and expenses
shall be included in the Cost of the Work for the purpose of determining CMAR's fee.
If, however, any such loss or damage to the Work that has been accepted by Owner
requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for
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services, a fee proportionate to that stated in Paragraph 12.01.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions
and communication services at the Site, reproduction costs, progress photography costs,
costs of general office and similar supplies, postage, express delivery and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for ali bonds CMAR is required by the Contract Documents to
purchase and maintain; the cost of ali subcontractor bonds and/or an agreed-upon rate for
subcontractor default insurance; and insurance at an agreed-upon rate.
i. Costs of removal of debris from the site.
j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work in accordance
with the CMAR's written policies for personnel at or below the level of Project
Superintendent.
k. Company owned trucks, trailers and equipment while directly engaged in performance of
Work for this Project, excluding the purchase of new vehicles by CMAR or
subcontractors for this Project.
1. Deductibles and self-insured retention amounts associated with insurance.
m. Fees and assessments for the building permit and for other permits, licenses and
inspections for which the CMAR is required by the Contract Documents to pay.
n. Fees of testing laboratories for tests required by the Contract Documents, except those
related to nonconforming Work other than that for which payment is permitted by
Paragraph t below.
o. Royalties and license fees paid for the use of a particular design, process or product
required by the Contract Documents; the cost of defending suits or claims for
infringement of patent or other intellectual property rights arising from such requirement
by the Contract Documents and payments made in accordance with legal judgments or
settlements against the CMAR resulting from such suits or claims, such payments made
only with the City's consent; provided, however, that such costs of legal defenses,
judgments and settlements shall not be included in the calculation of the Contractor's Fee
or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not
excluded by provisions of the Contract Documents.
p. Legal or mediation costs, other than those arising from disputes between the City and
CMAR or reasonably incurred by the CMAR in the performance of the Work, eYcept
where covered under any indemnity by CMAR and only with the City's written
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permission.
q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy
for relocation and temporary living allowances of personnel required for the Work, in
case it is necessary to relocate such personnel, for personnel below the level of Project
Superintendent.
r. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage,
injury or loss in case of an emergency affecting the safety of persons or property.
s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work
performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that
such damaged or nonconforming Work was not caused by the negligence or failure of the
CMAR or the CMAR's employees, including supervisory, administrative or managerial
personnel, to perform in accordance with the Contract Documents or by the failure of the
CMAR's personnel to supervise adequately the Work of the subcontractors or suppliers,
and only to the extent that the cost of repair or correction is not recoverable by the CMAR
from insurance, its Subcontractors or its suppliers.
t. Other costs incurred by the CMAR in performance of the Work if and to the extent
approved in advance in writing by the City.
u. Rental charges for temporary facilities, including site office trailer, office equipment,
temporary facilities, temporary utilities, dumpsters and toilets.
v. Mobilization and demobilization cost associated with Project.
w. Project specific, on-site, safety inspection and related safety supplies and costs.
x. Project specific, on site, quality control inspection and quality assurance and control
costs.
B. Costs Exclzrded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of CMAR's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site
or in CMAR's principal or branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be
considered administrative costs covered by the CMAR's fee.
2. Expenses of CMAR's principal and branch offices other than CMAR's office at the Site.
3. Any part of CMAR's capital expenses, including interest on CMAR.'s capital employed for
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the Work and charges against CMAR for delinquent payments.
4. Costs due primarily to the negligence of CMAR , any subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.O1.A.
6. The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
7. Rental costs of machinery and equipment, except as specifically provided in Paragraph
11.O1.A.3.
8. Liquidated damages assessed the CMAR by the City.
9. Data processing and software costs related to the Work.
10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph
11.O1.B.1 above.
11. That portion of the reasonable travel and subsistence expenses of the CMr1R's personnel
incurred while traveling in discharge of duties connected with the Work in accordance with the
Contractor's written policies for personnel identified in Paragraph 11.O1.B.1 above.
C. CMAR's Fee: CMAR's fee shall be determined as set forth in the Agreement. When the value
of any Work covered by a Change Order for an adjustment in Contract Price is determined
on the basis of Cost of the Work, CMAR's fee shall be determined as set forth in Paragraph
12.02.
D. Docarnientation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.O1.A and 11.O1.B, CMAR will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
E. For all subcontracts, the CMAR shall ensure compliance with Texas law.
F. Discozrnts, Rebates and Refirnds: Cash discounts obtained on payments made by the CMAR shall
accrue to the City if (1) before making the payment, the CMAR included them in an Application
for Payment and received payment therefore from the City or (2) the City has deposited funds with
the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMf1R
Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials
and equipment shall accrue to the City, and the CMAR Contractor shall make provisions so that
they can be secured. Amounts which accrue to the City in accordance with the provisions of this
paragraph shall be credited to the City as a deduction from the Cost of the Work.
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G Accounting Records: The CMAR Contractor shall keep full and detailed accounts and exercise
such controls as may be necessary for proper financial management under the Contract
Documents; the accounting and control systems shall be satisfactory to the City.
11.02 Allowances/Contingency
A. Specifiecl Allowances or Contrngency Amourrts: CMAR may include in the GMP allowances or
contingency amounts as may be acceptable to City. Specific allowance or contingency amounts
will be negotiated and memorialized in the Agreement.
B. Pre-bid Allowances:
1. may include the cost of materials and equipment required by CMAR to be delivered to the
Site including all applicable taYes; and
2. may include CMAR's costs for unloading and handling such materials or equipment
at the Site including labor, installation, overhead, profit, and other expenses contemplated
by CMAR and no demand for additional payment on account of any of the foregoing
exceeding the Pre-Bid Allowance amount will be valid.
C. Prior to Final Payment, an appropriate Change Order will be issued to reflect actual amounts due
CMAR on account of Work covered by allowance or contingency funds, if provided for in the
Agreement, and the Contract Price shall be correspondingly adjusted.
11.03 U�it Price Work
A. Where the Construction Documents provide that all or part of the Work is to be Unit Price
Work, initially the GMP will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial GMP. Determinations of the actual
quantities and classifications of Unit Price Work performed by CMAR will be made by City
subject to the provisions of Paragraph 9.05.
C. Work described in the Contract Documents, or reasonably inferred as required for a functionally
complete installation, but not identified in the listing of unit price items shall be considered
incidental to unit price worlc listed and the cost of incidental work included as part of the unit
price.
D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if
1. the quantity of any item of Unit Price Worlc performed by CMAR differs materially and
significantly from the estimated quantity of such item indicated in the Construction
Documents; and
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2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Qzrantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
l. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work may be paid for with allowance or
contingency funds.
2. If the changes in quantities or alterations significantly change the character of work, the
Agreement will be amended by a Change Order in accordance with Article 10.
4. A significant change in the character of work occurs when:
a. the character of work for any item as altered differs materially in kind or nature from that
in accordance with the Plans or the Construction Documents; or
b. a Major Item of work varies by more than 25% from the original Plans or Construction
Documents quantity.
When the quantity of work to be done under any Major Item of the Agreement is more
than 125% of the original quantity stated in the Agreement, then either party may request
an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Agreement is less than
75% of the original quantity stated in the Agreement, then either party may request an
adjustment to the unit price.
11.04 Additional Con�pensation. Where CMAR may be entitled to additional compensation, the
calculation to determine such additional compensation shall not include any costs or expenses for any
home-office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples
of which include: project site trailer, project site utility costs, project site supervision, Project Engineer
(billed on hourly rate) and Project Manager (based on hourly rate) and like Project site speciiic costs.
ARTICLE 12 — CMAR'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT
TIME, DELAYS
12.01 CMAR's Fee
The CMAR's Fee shall be as negotiated and memorialized in the Agreement.
12.02 Change of GMP
A. The GNIl' may oniy be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
l. where the Work involved is covered by unit prices contained in the Contract Documents, by
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application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price plus CMAR's Construction Services Fee, and
shall include the cost of any secondary impacts that are foreseeable at the time of pricing
the cost of Extra Work; or
3. where the Worlc involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.02.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's
Construction Services Fee.
4. the amount of credit to be allowed by CMAR to City for any change which results in a net
decrease in cost will be the amount of the actual net decrease in cost plus a corresponding
deduction in CMAR's Fee.
12.03 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless
the Extra Worlc or claimed delay is shown to be on the critical path of the Project Schedule or
CMAR can show by critical path method analysis how the Extra Work or claimed delay
adversely affects the critical path.
12.04 Delcrys
A. Where CMAR is reasonably delayed in the performance or completion of any part of the
Work due to delay beyond the control of CMAR, and that affected Work is within the Contract
Time, the Contract Time may be extended in an amount equal to the time lost due to such delay
if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not
be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility
owners or other contractors performing other work as contemplated by Article 7, fires, floods,
epidemics, abnormal weather conditions, or acts of God.
B. If CMAR is delayed, City shall not be liable to CMAR for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or other dispute resolution costs) sustained by CMAR on or in
connection with any other project or anticipated project of CMf1R.
C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of CMAR. Delays attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be delays within the control of CMAR.
D. The CMAR shall receive no compensation for delays or hindrances to the Work, eYcept when
direct and unavoidable eYtra cost to the CMAR is caused by the acts or neglect of the City or its
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Engineer or consultants, or utility owners or separate contractors, including without limitation
the failure of the City to provide information or material, if any, which is to be furnished by the
City.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to CMAR. Defective
Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests shall
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. CMAR shall provide them proper and safe conditions for such access and advise them of
CMAR's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CMAR shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations require any of the Work (or part thereo fl to be
inspected, tested, or approved by City, City shall assume responsibility for arranging and
obtaining such independent inspections, tests, retests or approvals, pay all costs in connection
therewith, and receive the required certificates of inspection or approval; excepting, however,
those fees specifically identified in the Supplementary Conditions or any Texas Department of
Licensure and Regulation (TDLR) inspections, which shall be paid as described in the
Suppiementary Conditions.
C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection
with any additional inspections, tests, re-tests, or approvals required for City's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in
the Work. Such inspections, tests, re-tests, or approvals shall be performed by firms acceptable
to City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests for any part of the Work, as determined solely by City.
1. City will coordinate such testing with Contractor;
2. Should any testing under this Section 13.03 D result in a"fail", "did not pass" or other
similar negative result, the CMAR shall be responsibie for paying for any and all retests.
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CMAR's cancellation without cause of City initiated testing shall be deemed a negative
result and require a retest.
3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the
Testing Lab by CMAR. City will forward all invoices for retests to CMAR.
4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab
is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such
Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense.
G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 U�covering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at CMAR's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, CMAR, at City's request, shall uncover, eYpose, or otherwise make available for
observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of worlc of others); or City shall be entitled to accept defective Worlc in
accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs
associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs
and/or time directly attributable to such uncovering, eYposure, observation, inspection,
testing, replacement, and reconstruction.
13.05 City Mcry Stop the Work
If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that the completed Worlc will conform to the
Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the
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cause for such order has been eliminated; however, this right of City to stop the Work shall not give
rise to any duty on the part of City to exercise this right for the benefit of CMAR , any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an
acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been
rejected by City, remove it from the Project and replace it with Work that is not defective.
CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement of work of others). Failure to
require the removal of any defective Work shall not constitute acceptance of such Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
CMAR shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Substantial Completion, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for CMAR's use
by City or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to
be defective, CMAR shall promptly, without cost to City and in accordance with City's written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and .
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If CMAR does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by CMAR.
C. In special circumstances where a particular item of equipment is placed in continuous service
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before Substantial Completion of all the Work, the correction period for that item may start to
run from an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of six months after the end
of the initial correction period. City shall provide 30 days written notice to CMAR should such
additional warranty coverage be required. CMAR may dispute this requirement by filing a
Contract Claim.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. CMAR shall pay all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Worlc and for the diminished value of the Worlc to the eYtent not otherwise
paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City Mcry Correct Defective Work
A. If CMAR fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with
Paragraph13.06.A, or if CMAR fails to perform the Work in accordance with the Contract
Documents, or if CMAR fails to comply with any other provision of the Contract Documents,
City may, after seven (7) days written notice to CMf\R, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
eYpeditiously, In connection with such corrective or remedial action, City may exclude CMAR
from all or part of the Site, take possession of all or part of the Worlc and suspend services
related thereto, and incorporate in the Work all materials and equipment incorporated in the
Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere.
CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other
contractors, access to the Site to enable City to exercise the rights and remedies under this
Paragraph 13.09.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this
Paragraph13.09 will be charged against CMAR, and a Change Order will be issued
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incorporating the necessary revisions in the Contract Documents with respect to the Work; and
City shall be entitled to an appropriate decrease in the Contract Price.
D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CIVIAR AND COMPLETION
14.01 Schedule of Italues
The Schedule of Values will serve as the basis for progress payments and will be incorporated into
an Application for Payment acceptable to City. Progress payments on account of Unit Price Work
will be based on the number of units completed.
14.02 Progress Payments
A. Applicatiorrs foN Payments:
1. CMAR is responsible for providing all information as required to become a vendor of the
City.
2. CMt1R shall submit to City for review an Application for Payment filled out and signed by
CMAR covering the Work completed as of the date of the Application for Payment and
accompanied by such supporting documentation as is required by the Contract Documents.
The CMAR's Fee for overhead and profit shall be payable on a monthly basis, prorated as a
percentage of the contract time expended.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that CMAR, o n b e h a 1 f o f City, has received the materials and
equipment free and clear of all Liens and evidence that the materials and equipment are
covered by appropriate insurance or other arrangements to protect City's interest therein, all
of which must be satisfactory to City.
4. Beginning with the second Application for Payment, it and each subsequent Application for
Payment shall include an affidavit from CMAR stating that previous progress payments
received on account of the Work have been applied on account to discharge CMAR's
legitimate obligations associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review ofApplications for Payment:
1. City will, within 30 days after receipt of each Application for Payment, either indicate in
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writing a recommendation of payment or rehzrn the Application for Payment to CMAR
indicating reasons for refusing payment. In the latter case, CMAR may make the necessary
corrections and resubmit the Application for Payment.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Worlc as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle CMAR to
be paid additionally by City or entitle City to withhold payment to CMAR, or
c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of
the Work.
4. City may refuse to process the whole or any pai�t of any payment due to evidence or the
results of inspections or tests, to such extent as may be necessary to protect City from loss
because:
a. the Work is defective, or the completed Work has been damaged by the CMAR or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in the current or previous Applications for Payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct Defective Work or complete Work in accordance with
Paragraph 13.09; or
e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A. C.
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C. Payment:
1. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any
undisputed portion of an Application for Payment will become due within 30 days of the
receipt of the Application for Payment.
2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever
phase), or in the event any Application for Payment remains unpaid for ninety days on the
basis of non-performance on the part of the City, to terminate this Agreement. Interest at the
rate of two percent per annum shall be payable on any amounts which are not in dispute but
are unpaid by City after sixty days after receipt of an Application for Payment. When such
progress payments are restored, unless terminated as provided for herein, CMAR shall
resume providing all agreed-upon Services.
D. Redzrction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where CMAR has delivered a
specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give CMAR written
notice stating the reasons for such action and shall pay CMAR any amount remaining after
deduction of the amount so withheld. City shall pay CMAR the amount so withhetd, or any
adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for
such action.
14.03 CMAR's Warranry of Title
CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with CMAR's performance
of the remainder of the Work. City at any time may notify CMAR in writing to permit City to
use or occupy any such part of the Work which City and CMAR determine to be ready for its
intended use, subject to the following conditions:
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1. CMAR at any time may notify City in writing that CMAR considers any such part of the
Work ready for its intended use.
2. Within a reasonable time after notification, City and CMAR shall make an inspection of
that part of the Work to determine its status of completion. If City does not consider that part
of the Work to be substantially complete, City will notify CMAR in writing giving the
reasonstherefor.
3. Partial Utilization will not constitute Final Acceptance by Ciiy.
14.05 Firtallnspection
A. Upon written notice from CM�1R that the entire Work is complete in accordance with the
Contract Documents City will:
1. within 10 days schedule a Final Inspection with CMAR; and
2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the
Final Inspection reveals that the Work is incomplete or defective. CMf1R shall immediately
take such measures as are necessary to complete such Worlc or remedy such deficiencies.
B. No time charge will be made against the CMAR between the date the written notice to the City
is issued and the date of Final Inspection. Should the City determine that the Work is not ready
for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by CMAR, to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to CMt1R a letter of Final Acceptance.
14.07 Fznal Pcryment
A. Application for Final Payment:
1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final
payment following the procedure for progress payments in accordance with the Contract
Documents.
2. The final Application for Payment shall be accompanied by:
a. all documentation called for in the Contract Documents(except as previously delivered),
including but not limited to the evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
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unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of any Liens filed in connection with
the Work.
B. Paymerrt Becomes Due:
1. After City's acceptance of the Application for Final Payment and accompanying
documentation, and:
a. a$er subtracting previous payments made; and
b.� after subtracting any sum(s) to which the City is entitled, including but not limited
to liquidated damages; and
c. after all Damage Claims have been resolved:
i) directly by the CMt�R; or
ii) CMAR provides evidence that the Damage Claim has been reported to
Contractor's insurance provider for resolution; then
d. Final Payment will become due and payable.
2. The making of the final payment by the City shall not relieve the CMAR of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
14.08 Final Completion Delayed and Partial Retairtage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of CMAR's Application for Final Payment, and without terminating the Agreement,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by CMAR to City with the
Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to
Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City.
Before the release, all submittals and final quantities must be completed and accepted by the
City. An amount sufficient to ensure Final Completion will be retained.
14.09 Waive�° of Claims
The acceptance of final payment by CMAR will constitute a release of the City from all claims
or liabilities under the Agreement for anything done or fizrnished or relating to the Work under
the Contract Documents or any act or neglect of City related to or connected with the Agreement.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 65 of 71
Revised December 2014
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City Mcry Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall
resume the Work on the date so fixed. During temporary suspension of the Work covered by
these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the CMAR, and should it be determined by
mutual consent of the CMAR and City that a solution to allow construction to proceed is not
available within a reasonable period of time, CMAR may request an extension in Contract Time,
directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the CMAR shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and CMAR shall talce every precaution to prevent damage or
deterioration of the work performed; CMAR shall provide suitable drainage about the work, and
erect temporary structures where necessary.
D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
15.02 City May Ternainate for Ca�se
A. The occurrence of any one or more of the following events, by way of example but not of
limitation, may justify termination for cause:
1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient skilled workers or suitable materials
or equipment, failure to adhere to the Project Schedule, as adjusted from time to time;
2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance;
3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05.
4. CMAR's disregard of Laws or Regulations of any public body having jurisdiction;
5. CMAR's repeated disregard of the authority of City;
6. CMAR's violation in any substantial way of any provisions of the Contract Documents;
7. CMAR's failure to promptly make good any defect in materials or workmanship, or
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 66 of 71
Revised December 2014
defects of any nature, the correction of which has been directed in writing by the City;
8. Substantial indication that the CMAR has made an unauthorized assignment of the
Agreement or any funds due therefrom for the benefit of any creditor or for any other
purpose;
9. Substantial evidence that the CMAR has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
10. CMAR commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to CNIAR and Surety to arrange a conference with CM�1R and Surety to address CMAR's
failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of
notice.
If the City, CMAR, and Surety do not agree to allow the CM�1R to proceed to perform
under the Agreement, the City may, to the extent permitted by Laws and Regulations,
declare CMAR in default and formally terminate the CMAR's right to complete the
Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and
Surety have received notice of conference to address CMAR's failure to perform the Work.
2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 calendar days after the
date of written notice demanding Surety's performance of its obligations, then City, without
process or action at law, may take over any portion of the Work.
3. If City completes the Work, City may exclude CM�1R and Surety from the site and take
possession of the Work, and all materials and equipment incorporated into the Work stored at
the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and
finish the Work as City may deem expedient.
4. Whether City or Surety completes the Work, CMf1R shall not be entitled to receive any
further payment for Work satisfactorily completed prior to Termination until the Work is
completely finished. If the unpaid balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by City arising out of or resulting from City or Surety
completing the Work, such eYcess will be paid to CMAR, with Surety approval, up to the
amount withheld prior to Termination. Any excess shall be retained by City unless any
completion or take over agreement between City and Surety require said money to be paid
to Surety. If City completes the Work due to Surety's failure to so perform, and any claims,
costs, losses and damages exceed the unpaid balance, CMAR or Surety shall pay the
difference to City. Such claims, costs, losses and damages incurred by City will be
incorporated in a Change Order, provided that when exercising any rights or remedies under
this Paragraph, City shall not be required to obtain the lowest price for the Work performed.
5. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to CM�1R or Surety for the method by which the
C1TY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CIviAR PROJECTS Page 67 of 71
Revised December 2014
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the
right to recover damages from CMAR or Surety for CMAR's failure to timely complete the
Work. CMAR shall not be entitled to any claim on account of the method used by City in
completing the Work.
7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
8. Termination of CMAR for Cause shall nullify any financial incentives which may be
contained in the Agreement.
C. Notwithstanding Paragraphs 15.02.B, CMAR's services will not be terminated if CMAR
begins, within seven days of receipt of notice of intent to terminate, to correct its failure to
perform and proceeds diligently to cure such failure within not more than 30 days of receipt of
said notice.
D, Where CMAR's services have been so terminated by City, the termination will not affect any
rights or remedies of City against CMAR then existing or which may thereafter accrue. Any
retention or payment of moneys due CMA.R by City will not release CMAR from liability.
E. To the eYtent that CMAR has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the
provisions of this Article.
15.03 City Mcry Terminate For Converrience
A. City may, without cause and withotrt prejudice to any other right or remedy of City, terminate the
Agreement. Any termination shall be effected by mailing a notice of the termination to the
CMAR specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conchisively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of Termination for Convenience, and except as otherwise directed
by the City, the CMAR shall:
1. Stop work under the Agreement on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 68 of 71
Revised December 2014
necessary for completion of such portion of the Work under the Agreement as is not
terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance
of, the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Agreement had been completed, wouid have been required to be furnished
to the City;
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the CMAR
and in which the owner has or may acquire an interest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items
of termination inventory not previously disposed of, exclusive of items the disposition of which
has been directed or authorized by City.
D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the CMAR shall submit a termination
claim to the City in the form and with the certification acceptable to the City. Unless a written
extension request is made within such 60 day period by the CMAR, and granted by the City, any
and all such claims shall be conclusively deemed waived.
F. In such case, CMAR shall be paid, without duplication of any items, for:
1. completed and acceptable Work eYecuted in accordance with the Contract Documents prior
to the effective date of termination;
2. direct expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work;
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 69 of 71
Revised December2014
3. reasonable expenses directly attributable to termination; and
4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such
proportion being "the cost of the work completed to date" divided by "GMP minus the
CMAR's Fee".
G. In the event of the failure of the CMAR and City to agree upon the whole amount to be paid to
the CMAR by reason of the termination of the Work under Paragraph 15.03, the City shall
determine, on the basis of information available to it, the amount, if any, due to the CMAR by
reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not
be paid on account of loss of anticipated profits or revenue or other economic loss arising out of
or resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
Methoc�s and ProceduNes
A. Either City or CMAR may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Agreement. Timely submission of the
request shall stay the effect of Paragraph 10.06.E.
B. City and CMAR shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or CMAR:
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
l.delivered in person to the individual or to a member of the firm or to an officer of the
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 70 of 71
Revised December 2014
corporation for whom it is intended; or
2. delivered electronically with a"read receipt verification" requested; or
In the case of any notice of Claim or Termination, delivered or sent by registered or
certified mail, postage prepaid, o r o v e r n i g h t d e 1 i v e r y to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shail be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Compzrtation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cuma�lative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or ali of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
17.04 Sur�vival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of CMAR.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCU1bIENTS FOR CMAR PROJECTS Page 71 of 71
Revised December 2014
ATTACHMENT D
Guaranteed Maximum Price
CMAR — PACS — Gateway Park Improvements Page 13 of 13
' � ■►J__► ��
Construction Budget and Fee
The City's Construction Budget:
City Contingency
Project Budget:
Guaranteed Maximum Price:
$2,045,641.93
$0.00
$2,045,641.93
$2,020,641.93
Proposer's Proposed Fees
Pre-Construction Services
Minimum Fee $25,000.00
Additional Fee (Proposer's $ -0-
discretion, cannot be
negative)
Total Pre-Construction Services $ 25 000
Fee
Construction Services (see attached detail)
Fee (expressed as a 6%
percentage of GMP)
(expressed in dollar $112,056.14
amount)
Total '' $137 056:14
Note: Only the Total Pre-Construction Fee and Construction Services Fee
percentage will be read publicly at the time the RFP packet is opened.
DESCRIPTION QTY. ` UNIT UNIT PRICE FINAL GMP RESOURCE
SITE WORK
EROSION
Silt Fence
Construction Entrance
Erosion Control Log
Curb Inlet Protection
Tree Protection
Tree Protection Special
SWPPP
Mulch Pathway
Erosion Sub-Total:
DEMOLITION
Wood Deck Removal
Concrete Paving Removal
Concrete Sidewalk Removal
6"-12" Tree Removal
12"-18" Tree Removal
18"-24" Tree Removal
24" and Larger Tree Removal
Asphalt Paving Removal
Cable Fence Removal
Bridge Removal
Chain Link Fence Removal
Hog Wire Fence Removal
Existing Sign Removal
Gravei Pavement Removal
Demoiition Sub-Total:
EARTHWORK
6" Flexbase
Embankment
Excavation
6" Lime (27 Ibs. per SY)
6" Lime Stabilization
Earthwork Sub-Total:
LAN DSCAPE/l RRIGATION
Cedar Elm 2"
Bur Oak 2"
Texas Ash 2"
Shumard Red Oak 2"
Shade TurF Hydromulch
Sun Turf Hydromulch
Median TurF Hydromulch
Temporary Irrigation
525.00
2.00
6056.00
6.00
3793.00
40.00
1.00
1555.00
1.00
178.00
10897.00
39.00
15.00
5.00
3.00
4362.00
808.00
8.00
259.00
2702.00
4.00
70.00
379.00
920.00
2800.00
53.00
3564.00
9.00
6.00
10.00
6.00
107265.00
133227.00
8863.00
1.00
Landscape/Irrigation Sub-Total:
CONCRETE
North Observation Slab
5" Concrete Sidewalk
6" Concrete Paving
7" Concrete Paving
6" Integral Curb
Bridge Abutment
Handicap Ramps
Picnic Table Slab
ADA Picnic Table Slab
Restroom Slab
Sandlblasting
Sealants
1.00
55272.00
28796.00
1472.00
1949.00
98.00
2.00
2.00
1.00
1.00
1.00
1.00
LF
EA
LF
EA
LF
EA
EA
CY
LS
SY
SF
EA
EA
EA
EA
EA
LF
EA
LF
LF
EA
SY
SY
CY
CY
TON
SY
EA
EA
EA
EA
SF
SF
SF
LS
LS
SF
SF
SF
LF
CY
EA
EA
EA
EA
LS
LS
$ 1.30 $ <682.50
$ 1,200.00 $ ` 2,400.00
$ 2.25 $ '' '13,626.00
$ 225.00 $ ''- ' '1,350.00
$ 1.30 $ ` ' ' 4,930.90
$ 75.00 $ '-' 3,000.00
$ 3,565.00 $ ' - ' 3,565.00
$ 29.71 $ '' ` 46,199.05
$ 75,070.95
$ 89,590.00 $ '89,590.00 '
$ - � _
$ - $ _
$ - $ _
$ - $ _
$ - $ _
$ - $ _
$ - $' _
$ - $ _
$ - $ -
$ - $' _
$ - $ , _
$ - $ _
$ - $ ` -
$ 89,590.00
$ 21.64 $ ' 8,201.56
$ 20.59 $ ' 18,942.80 '
$ 22.61 $ ' ' 63,308.00 '
$ 160.00 $ " 8,480.00
$ 5.33 $ ' 18.996.12 ;
$ 117,928.48
$ 436.00 $ ' 3,924.00
$ 442.00 $ ''' - 2,652.00
$ 436.00 $ 4,360.00 '
$ 436.00 $ " ' 2,616.00 '
$ 0.12 $ ' ' ' `12,871.80
$ 0.09 $ ' , 11,990.43
$ 0.18 $ ' < 1,595.34
$ 16,000.00 $ ` " 96,000.00
$ 56,009.57
$ 7,983.00 $ ''' 7,983.00
$ 4.29 $ '' 237,116.88 -
$ 4.31 $ ' 124,110.76
$ 4J6 $ `' 7,006.72
$ 5.00 $ 9,745.00
$ 407.65 $ - 39.949.70
$ 700.00 $ '' ` 1,400.00
$ 4,100.00 $ - ` 8,200.00
$ 2,350.00 $ ` ` " 2,350.00
$ 2,550.00 $ 2,550.00
� 2,000.00 $ Z,000.00
$ 10,050.00 $ `` 10,050.00
ECMS
Precision
Fain
Greenscape
EI Cala
scs
scs
Concrete Sub-Total: $ 452,462.06
UTILITIES
12" Precast Headwall
12" RCP
12" Rock Rip Rap
18" Rock Rip Rap
Utilities Sub-Total:
BRIDGES
Big R
Bridge Installation
Bridges Sub-Total:
SITE FURNISHINGS
Recycling Trash Receptacle
Removable Bollards
Picnic Table
Picnic Table (ADA)
Trash Receptacle
Concrete Wheel Stops
Grille
Limestone Benches
Installation (Fain)
Site Furnishings Sub-Total:
PILE DRIVING
Steel H Plles (Assuming 35' Depths)
Timber Piles
Obstruction Encounter
Pile Driving Sub-Total:
DECKINSTA�LA710N
Trex Deck & Rail
Deck Instaliation Sub-Total
FENCING/CABLING INSTALLATION
Cable Fencing
Gateway
Fencing Sub-Total:
MASONRY
Portable Restroom Enclosure
Restroom Sub-Total:
4.00 EA $ 4,179.52 $ 16,718.08 Fain
32.00 LF $ 92.86 $ 2,971.52
19.00 SY $ 42.68 $ 810.92
0.00 SY $ 55.55 $ ` -
$ 20,500.52
1.00 LS $ 172,400.00 $ 172,400.00 Big R
1.00 LS $ 66,352.00 $ '" 66,352.00 Fain s Davis crane
$ 238,752.00
EA $ 583.00 $ 1,166.00
EA $ 250.00 $ '500.00
EA $ 862.00 $ 1,724.00
EA $ 924.00 $ '924.00
EA $ 591.00 $ `' ' '1,182.00
EA $ 75.00 $ ' '1',050.00
EA $ 355.00 $ 710.00
EA $ 400A� $ ' 2,000.00
LS $ 3,759.78 $ ' 3,759.78
$ 13,015.78
2.00
2.00
2.00
1.00
2.00
14.00
2.00
5.00
1.00
81.00 EA $ 1,670.00 $` 135,270.00 Gregory
8.00 EA $ 5,020.00 $ 40,160.00
1.00 EA $ 1,500.00 $ 1,500.00 '
$ 176,930.00
1.00 LS $ 85,500.00 $ 85,500.00
$ 85,500.00
2141.00 LF $ 9J5 $ ` ' 20,874.75
2.00 EA $ 1,000.00 $ ' 2,000.00
$ 22,874.75
Lones Star
Acme
1.00 LS $ 7,550.00 $ ` '`7,550.00 ��companies
$ 7,550.00
METALS
Portabie Restroom Enclosure
Deck Structure
Metais Sub-Total
PAVEMENT MARKINGS
Trail Markings
Handicap Parking Sign
Pavement Marking - Parking Lot
Pavement Marking Sub-Total
SIGNAGE
Signage
Log Bench
Telescope
Sound Wheel
Installation
Signage Sub-Total:
1.00 Ea $ 8,450.00 $'` 8,450.00 classicstee�
1.00 LS $ 195,700.00 $ ' 195,700.00 '
$ 204,150.00
1.00 LS $ 3,075.00 $' ' 3,075.00 nsc
3.00 EA $ 225.00 $ " 875.00
1.00 �S $ 5,125.00 $ ' '' 5,125.00
$ 8,875.00
1.00 LS $ 10,302.00 $'' 10,302.00 casteel
3.00 EA $ 2,415.00 $ - ' 7,245.00
2.00 EA $ 1,114.65 $ < "2,229.30
1.00 EA $ 2,935.00 $ ' ' 2,935.00
1.00 LS $ 2,100.00 $ ' '2,100.00'
$ 24,811.30
E�ECTRICAL
Electrical
1.00 LS
Electrical Sub-Total:
COST SUBTOTAL
GENERAL CONDITIONS
BOND
SUBTOTAL:
CONSTRUCTION FEE 6%
CONTINGENCY (0% Hard Cost):
GMP
PRECONSTRUCTION SERVICES
TOTA�
$ 5,030.00 $ "'S,030.00
$ 5,030.00
$ 1,599,050.41
$ 241,226.00
$ 27,326.00
$ 1,867,602.41
$ 112,056.14
$ 40,983.38
$ 2,020,641.93
$ 25,000.00
$ 2,045,641.93
Bean Eleclrical
General Conditions Breakdown
DESCRIPTION QTY. UNIT UNIT COST TOTAL
Survey
Office Trailer - 30'
Tool Vaults
Project Sign
Toilets - Site
Toilets - Trailer
Office Supplies
Plan Copies
Temporary Electricty
Temporary Fencing
Mobile Phone
Dumpster Rental
Final Cleanup
Expendable Tools
Project Manager
Project Mgr Truck
Project Mgr Fuel
Superintendent
Superintendent Truck
Superintendent Fuel
Project Administration
6
9
9
2
18
9
1
1
9
1
18
8
1
1
21
21
21
43
43
43
13
WK
MO
MO
EA
MO
MO
�S
LS
MO
LS
MO
LD
LS
LS
WK
WK
WK
WK
WK
WK
WK
$ 3,600.00
$ 560.00
$ 100.00
$ 375.00
$ 115.00
$ 140.00
$ 500.00
$ 1, 500.00
$ 125.00
$ 2,400.00
$ 125.00
$ 350.00
$ 2,500.00
$ 3,000.00
$ 2,430.00
$ 150.00
$ 300.00
$ 2,227.00
$ 150.00
$ 300.00
$ 1,380.00
$ 21,600.00
$ 5,040.00
$ 900.00
$ 750.00
$ 2,070.00
$ 1,260.00
$ 500.00
$ 1,500.00
$ 1,125.00
$ 2,400.00
$ 2,250.00
$ 2,800.00
$ 2,500.00
$ 3,000.00
$ 51,030.00
$ 3,150.00
$ 6,300.00
$ 95,761.00
$ 6,450.00
$ 12,900.00
$ 17,940.00
Subtotal $ 241,226.00
City of Fort Worth, Texas
Mayor and Council Communication
COUNCILAGTION: Approved on 2/3/2Q15'
DATE: Tuesday, February 03, 2015
LOG NAME: 80GATEWAY PARK REDEVELOPMENT -EAST CMAR
REFERENCE NO.: C-27180
SUBJECT:
Authorize Execution of a Construction Manager-at-Risk Agreement with The Fain Group, Inc., in the
Amount Not to Exceed the Project Budget of $1,943,359.93 for the Gateway Park East Redevelopment
Project Including Preconstruction Phase Services in the Amount of $25,000.00 and Construction Phase
Services for a fee of Six Percent of the Guaranteed Maximum Price, Provide for Contingencies for a Total
Project Amount of $2,045,641.93 (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a Construction Manager-at-Risk
Agreement with The Fain Group, Inc., in an amount not to exceed the project budget amount of
$1,943,359.93 with the preconstruction phase services fee of $25,000.00 and construction phase services
fee of six percent of the guaranteed maximum price for the Gateway Park East Redevelopment Project.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize the execution of a contract with the
Fain Group, Inc., to construct improvements authorized by the Texas Parks and Wildlife Department
utilizing reprogrammed state grant funds to fulfill the requirements of the Regional Park State Grant
previously awarded for the Gateway Oxbow Project. In order to satisfy the representations made in the
grant application, improvements must be made in the eastern area of Gateway Park north of IH-30 and
east of Beach Street.
As a condition of the reprogramming decision by the Transportation and Public Works Department the
project must be completed by December 31, 2015. Review of alternative project delivery methods has
determined that utilization of the Construction Manager-at- Risk method will expedite project completion,
thus enabling the City to meet the December 31, 2015 deadline.
The Gateway Park East Redevelopment Project will include the replacement of portions of concrete trails,
demolition of existing pedestrian bridges and installation of new bridges, removal of two existing canoe
launches and modifications of the upper decks of the launches to create scenic overlooks, installation of
additional concrete trails, a trailhead, picnic pavilion, park furniture, a portable toilet enclosure facility and
solar powered security lighting.
CMAR contractors are selected based on qualifications including costs to conduct the preconstruction and
construction phases. A CMAR contractor provides construction knowledge and advice during the detailed
design phase (preconstruction) to lower construction costs, optimize construction sequencing, and provide
a better overall result. A CMAR manages the construction phase by advertising the project's major
components, evaluating bids in conjunction with Staff, awarding contracts and supervising the work.
The Agreement is structured to share the risk between the City and the CMAR and is a single contract,
with compensation models for each phase: preconstruction and construction. The City may terminate the
Logname: 80GATEWAY PARK REDEVELOPMENT -EAST CMAR Page 1 of 3
Agreement if the Guaranteed Maximum Price (GMP) for construction exceeds expected costs or for other
reasons. When the GMP is established, after review and revision with Staff, the Agreement will be
amended and an Informal Report submitted to City Council.
On September 23, 2014, (M&C C-27019) the City Council authorized the execution of an Engineering
Agreement with CDM Smith, Inc., (City Secretary Contract-46031) for design and engineering services for
the Gateway Park Redevelopment East Project, in the amount of $294,800.00.
The project budget includes the following:
.,�� _r��_T.�;. T�--s_��__-___�__--___
_ ______�_
Design Contract- CDM Smith, Inc. �$294,800.00
Construction Budget (includes):
City's Contingency ($102,282.00)
CMAR Agreement (Not to Exceed Project Budget
Amount of $1,943,359.93)
A. Pre Construction ($25,000.00)
B. Construction Phase (Six percent of GMP to
be determined)
Inspections, Materials, Testing
,045,641.93
$45,000.00
Total 1,$2,385,441.93
A Request for Qualifications (RFQ) for a Construction Manager-at-Risk was published on October 30,
2014, November 6, 2014 and November 13, 2014 in the Fort Worth Star Telegram. Five proposals were
received on December 4, 2014, from the following firmS: The Fain Group, Inc., McCarthy Building, Inc.,
Green Scaping Inc., Phillips May Corp., and NAE Contracting. On December 8, 2014, a selection
committee consisting of Staff from the PACS (Planning and Resource Management), TPW (Infrastructure
Division) and Housing and Economic Development (M/WBE), evaluated the proposals with respect to the
published criteria in the Request for Proposal (RFP). The committee ranked the teams based on the
qualifications presented and short-listed two firms for interviews: McCarthy Building Companies, Inc.
(McCarthy) and The Fain Group, Inc. (FAIN).
On December 22, 2014 the two firms were interviewed by the selection committee. The selection
committee assigned points for each firm based on project approach, proposed solutions to anticipated
problems, pre construction services, construction management and project scheduling, including meeting
SBE and MBE participation. Based on the evaluation of the listed performance factors, The Fain Group,
Inc., received the most points and was selected as the company that demonstrated the most effective
CMAR project delivery approach. In addition, The Fain Group, Inc., was the proposer that submitted the
lowest Preconstruction Phase Services cost.
�Score
Summary
' The Fain
Group, Inc
�McCarthy�
Project Project Pre Comp.
Appr. Schd. Const. Mgmt.
� Ser.
_�_.�.m_� ___�.._._�w_!�__..�..�._.__:.�._.�__�.�
30 � 24 j 56 � 21
�..� .:� __.. ;
� �.
27 ��___,�23 w _ 42 ���.._. ___. 1_7 .�u.
MBE/SBE Const. Cost/ �
Part. Mgmt. Q�• Total
Const.
� 23 ,� 21 55 � 230
_ ��..�_�__�_, ..�„�_
15 �.. 26 -���__.,._,._52 ..�..� 202
Logname: 80GATEWAY PARK REDEVELOPMENT -EAST CMAR Page 2 of 3
M/WBE Office - The Fain Group, Inc., is in compliance with the City's BDE Ordinance by committing to 16
percent SBE participation on the pre-construction phase services and 19 percent MBE participation on the
construction phase services of this CMAR project. The City's SBE goal on the pre-construction phase
services is 15 percent and the City's MBE goal on the construction phase services is 19 percent.
Staff and The Fain Group, Inc., have negotiated terms and conditions as well as fees.
An annual maintenance cost of $9,000.00 is expected for this project.
Gateway Park is located in COUNCIL DISTRICT 4
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current project
budget, as appropriated in the Grants Fund. Funding for the Gateway Park East Oxbow Redevelopment
Project was included in the Texas Parks and Wildlife Development Regional Park Grants in the amount of
$4,500,000.00. There is currently $3,240,400.00 remaining in the Grant. Upon execution of this CMAR
Agreement, remaining funds in the Transportation and Public Works Department, Parks Grant for
Gateway Park East Oxbow redevelopment project will be $1,297,040.00.
FUND CENTERS:
TO Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76 541600 08030683680
Susan Alanis (8180)
Richard Zavala (5711)
David Creek (5744)
ATTACHMENTS
1. 306836 RPT09 GR76.pdf (CFW Internal)
2. Available Funds.docx (CFW Internal)
3. FAR-00003.pdf (CFW Internal)
4. MAYOR AND COUNCIL COMMUNICATION Gatewav East.pdf (Public)
5. Mayor and Council Gateway Park Revelopment MBE SBE.pdf (CFW Internal)
6. The FAIN Group Inc_ SAM.pdf (Public)
�1,943,360.00
Logname: 80GATEWAY PARK REDEVELOPMENT -EAST CMAR Page 3 of 3