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Contract 59041
CSC No. 59041 AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK PRE -CONSTRUCTION AND CONSTRUCTION SERVICES for CITY OF FORT WORTH - CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS PROJECT NO. 101012 THIS AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK SERVICES (CMAR) 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 Sundt Construction, Inc. ("CMAR"), a legal entity existing under the laws of the State of Arizona and authorized to conduct business in the State of Texas. City and CMAR may be referred to herein as a "Party" or the "Parties". WHEREAS, City has identified a project known as Cromwell Marine Creek Road Widening Improvements between Boat Club Road to Marine Creek Parkway (the "Project"); and WHEREAS, City desires to engage the CMAR to perform Construction Manager -At -Risk services, which consist of Pre -Construction Phase Services and Construction Phase Services, for the Project; and WHEREAS, CMAR possesses broad experience, knowledge and technical resources to provide such services related to the design, permitting, construction and construction management for the Project; and WHEREAS, City has engaged the services of Burns & McDonnell Engineering Company, Inc. ("Design Engineer"), to prepare the design of the Project; and WHEREAS, CMAR was selected by City through a competitive procurement process; and WHEREAS, CMAR is willing and able to undertake and provide the services and to be responsible for the overall completion of the Project, as described on Attachment A, within a project budget of $24,100,000.00, upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, CMAR agrees to provide Preconstruction and Construction services as defined in Attachments A and C, and as further set forth in the written proposal to City from CMAR, dated the 111" day of August, 2022, attached hereto as Attachment B; and WHEREAS, the CMAR agrees to be bound by, and may incorporate into its construction phase contracts with its primary contractors, 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 Attachments A and C. Conflicting definitions CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 OFFICIAL RECORD page 1 of 12 CITY SECRETARY FT. WORTH, TX shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by City for the services to be rendered by CMAR, and the covenants and promises to be carried out by each Party, the City and CMAR hereby agree to perform the services described herein upon the terms and conditions set forth herein and any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 — SERVICES A. CMAR agrees to furnish all Preconstruction and Construction Phase Services, as described in Attachments A and B. B. The Preconstruction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and terminate upon conclusion of Guaranteed Maximum Price (GMP) negotiations. CMAR may initiate early works packages in advance of the Construction Phase, such as, but not limited to, preliminary site grading, utility relocations or procuring long -lead materials prior to final development of the GMP. Costs of early works packages shall be included in the GMP. C. The Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR. CMAR agrees to furnish all Construction Phase Services, as described in Attachments A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement and its Attachments and Amendments, to also include the Construction Documents created to affect the Work on the Project. CMAR agrees to timely commence construction to substantially complete the Work within the Contract Time, subject to Article 6 herein — Project Time and Liquidated Damages. 2. CMAR shall perform all Work in accordance with the requirements of the Construction Documents. CMAR shall at all times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. CMAR shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents. CMAR shall be responsible for the proper performance of the work, including all work performed by its subcontractors, and any acts and omissions in connection with such performance. D. CMAR shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow CMAR to perform the Work. CMAR shall present documentation of temporary construction easements or other permissions at the time the GMP is submitted to City. E. CMAR warrants to City that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The CMAR also warrants to City that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 2 of 12 ARTICLE 2 — COMPENSATION A. The City shall compensate CMAR for providing the Preconstruction Phase Services in the amount of $120,000.00 ("Preconstruction Phase Fee"). B. The City shall compensate CMAR for providing the Construction Phase Services in the amount of 5.75% of the Cost of Work ("Construction Phase Fee"). C. Notwithstanding Article 1, Paragraph C. or Paragraph B. of this Article, City may, by giving written notice at any time before the end of the Pre -Construction Services Phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the City's reasonable estimation, exceeds or would exceed the City's estimated Construction Budget. In such event, CMAR shall be paid for Work performed up to the date of termination in accordance with this Agreement. D. Any unspent CMAR Contingency shall be shared on a 0.00% basis between CMAR and City. E. Savings — In the event the actual Cost of Work, inclusive of the Construction Phase Fee, is less than the GMP, as may be adjusted by Change Orders, at completion of the Project, the 0.00% of the resulting savings will be paid to the CMAR as a performance incentive. F. Schedule Incentives to promote performance results by contractors may be established by CMAR for the Construction Phase. During development of the GMP, CMAR and City may determine an amount, which will be a part of the GMP, to be used for schedule incentives for subcontractors. Any of these funds which remain unspent shall be returned to City. ARTICLE 3 — PAYMENT Payment by City to CMAR is to be made as follows: A. CMAR shall submit monthly an Application for Payment for Pre -Construction Phase Services describing the work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions. B. CMAR shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions, less 5% withheld as retainage per pay application, except that no retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs (a/k/a Costs of the Work as defined in the General Conditions). CMAR's Construction Services Fee and General Conditions costs shall each be shown as a line item in the Application for Payment. CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 3 of 12 ARTICLE 4 — GUARANTEED MAXIMUM PRICE A. The GMP proposal for Construction of the Project shall be presented to the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise mutually agreed. Elements to be considered in the GMP include but are not limited to: 1. Hard Costs (estimated or actually obtained by bid) a. General Conditions Costs, see Section 11.01 of the General Conditions b. Cost of Work (estimated or formally procured) (Open Book) c. Other Fees as may be presented in Attachments A or B 2. CMAR's Construction Phase Fee 3. Contingencies and Allowances a. CMAR's Contingency b. Allowance Items B. 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- C. When established and accepted by City in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. D. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the Project may proceed or to affect a termination. ARTICLE 5 — CHANGES IN THE WORK The City, during either phase of services and without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions issued in the form of a Field Order or, where necessary, a Change Order to adjust the GMP and the Contract Time. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES A. Project Time shall not be longer than as indicated in Attachment A except as modified by CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR and presented to City. CMAR will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by City. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless delayed, as defined in the General Conditions, CMAR shall achieve Final Acceptance of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. B. 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 $1,250.00 for each day that CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 4 of 12 expires after the expiration of the Project Time until such time as Substantial Completion of the entire Project is issued by the City in writing. ARTICLE 7 — MBE/WBE A. The CMAR must meet, and hereby commits to meet, the Business Equity participation goal of 0% for the Pre -Construction Phase Services for this Project. B. CMAR must meet, and hereby commits to meet, the Business Equity goal of 6% during Construction Phase Services for this Project. ARTICLE 8 - GENERAL TERMS A. Professional standards. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The CMAR shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, pre - construction, construction and other services and materials furnished under this Agreement. B. Mutual obligations. CMAR and City agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. City shall, throughout the performance of the Construction Work, cooperate with CMAR and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with CMAR'S timely and efficient performance of its obligations under the Contract Documents. The City shall cooperate and provide reasonable assistance to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's responsibility to obtain. C. General conditions. Attachment C contains the City's General Conditions applicable to this Project. CMAR hereby agrees to comply with said General Conditions, including providing a copy to any contractors or subcontractors, as applicable. D. Project progress. CMAR's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. Assignment. CMAR shall not assign its interest in this Agreement without the written consent of the City. CMAR may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the City in connection therewith. F. Personnel. CMAR, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of CMAR), now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the City. CMAR acknowledges responsibility for all federal, state, and local requirements for employers that apply to CMAR. G. Extent of agreement/no third -party rights. The City and CMAR agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 5 of 12 negotiations, representations, or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the City and CMAR and not for the benefit of any third party. The City and CMAR agree that there are no third -party beneficiaries, and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of City. The doctrine of respondeat superior shall not apply. H. Reproduction, use and ownership of work product. All designs, drawings, specifications, documents, and other work products of the CMAR whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by City or by others acting through or on behalf of City of any such instruments of service without the written permission of the CMAR will be at the City's sole risk. The City shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. Insurance. CMAR shall, during the performance of the Agreement, keep in force insurance as described in Article 5 of the General Conditions. J. Termination. This Agreement may be terminated as provided for by Article 2, Section C of this Agreement or as otherwise provided by the General Conditions. K. Cost estimates. CMAR's opinions of probable cost are to be made on the basis of CMAR's experience and qualifications and represent CMAR's best judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ, UNDERSTANDS AND AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. Surety bonds. The CMAR shall furnish the required performance, payment and maintenance bonds as described in Article 5 of the General Conditions. N. City non -appropriation of funds. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments. O. Extra services. In the event of any legal proceedings or other claims requiring services of CMAR in providing expert testimony on behalf of the City in connection with the Project, except suits or claims by a third party against the City arising out of alleged errors or omissions of Design Engineer or CMAR, the City shall provide additional compensation to CMAR based on actual cost. P. No cause of action against engineer. CMAR, its subcontractors and equipment and materials suppliers on the Project or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 6 of 12 with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. Q. Mutual Waiver of Consequential Damages. The CMAR and City waive Claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes: (1) damages incurred by the City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the CMAR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work performed. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. Nothing contained in this subsection shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 9 — THE CITY'S RESPONSIBILITIES The City shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement for Pre -Construction Services. Such Project Representative will have complete authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to CMAR's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by CMAR consistent with City's normal business practices. C. Secure and execute all necessary permanent easements and agreements with adjacent land or property owners that are necessary for the Project. City is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. City is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 7 of 12 ARTICLE 10 —AMENDMENTS This Agreement may only be amended in writing, agreed to by both Parties ARTICLE 11 -EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the City and CMAR with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations, or agreements, either written or oral contracts between City and CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of City and CMAR and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions, Paragraph 6.08, arbitration will not be allowed on this Project. The performance of the work and terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. Performance shall be specifically governed by Subchapter F, Texas Government Code 2269.251 et seq. CMAR hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. 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 — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 8 of 12 The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. ARTICLE 17 - NOTICE All notices required herein shall be addressed to City as follows: Alejandra Ayala, P.E., Project Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-8883 Alejandra.Ayala@fortworthtexas.gov With Copy to: Raul Lopez, P.E., Program Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-2457 raul.lopez@fortworthtexas.gov All notices to CMAR shall be addressed as follows: Sundt Construction, Inc. 8445 Freeport Parkway, Suite 240 Irving, Texas 75063 469-866-6611 jedooley@sundt.com ARTICLE 18 — PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if CMAR has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, CMAR certifies that CMAR's representative's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, CMAR: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE 19 — IMMIGRATION NATIONALITY ACT CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 9 of 12 CMAR shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon request by City, CMAR shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CMAR shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CMAR employee who is not legally eligible to perform such services. CMAR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CMAR, CMAR's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CMAR, shall have the right to immediately terminate this Agreement for violations of this provision by CMAR. ARTICLE 20 - PROHIBITION ON BOYCOTTING ENERGY COMPANIES. CMAR acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, CMAR certifies that CMAR's signature provides written verification to the City that CMAR: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. ARTICLE 21 - PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. CMAR acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, CMAR certifies that CMAR's signature provides written verification to the City that CMAR: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 10 of 12 ARTICLE 22— AUTHORITY TO SIGN CMAR shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the CMAR. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE AND ATTACHMENTS/EXHIBITS TO FOLLOW CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 11 of 12 ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). SUNDT CONSTRUCTION, INC. e7e�GUiCCig�rfo�r By: Jeff ill [a mson (Mar3, 202307:25 MST) Jeff Williamson President Date: Mar 3, 2023 By City: Approved as to Form and Legality Well DBlack (Mar 14, 2023 09:37 CDT) Douglas W. Black Sr. Assistant City Attorney M&C: 22-1047 Date: 12/13/2022 Form 1295: 2022-951872 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. A1e,jgndrg Ayala Alejandra Ayala (Mar6, 2023 09:37 CST) Alejandra Ayala, Project Manager Transportation & Public Works Department CITY OF FORT WORTH: By: William Johnson (Ma 14, 202312:03 CDT William Johnson Assistant City Manager Date: Mar 14, 2023 Approval Recommended: _12r ., Lauren Prieur (Mar 12, 202316:00 CDT) Lauren Prieur, Interim Director Transportation & Public Works Department ATTEST: Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 Page 12 of 12 ATTACHMENT A Pre -Construction and Construction Services Scope of Work (City's RFP) CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 REQUEST FOR PROPOSALS CONSTRUCTION MANAGER AT RISK (CMAR) Preconstruction and Construction Phase Services for Cromwell Marine Creek Road Widening Improvements (Boat Club Road to Marine Creek Parkway) City Project No. 101012 FORTWORTH. City of Fort Worth Mattie Parker David Cooke Mayor City Manager William M. Johnson Director, Transportation and Public Works Prepared for The City of Fort Worth Transportation and Public Works Department July 2022 BURNS SDONELL Texas Registered Engineering Firm F-845 City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 1 of 52 CMAR RFP (Form 4/26/22) Table of Contents Section 1. Definitions and Documents.................................................................................4 Section 2. Description of Project......................................................................................... 5 Section 3. Business Equity (M/WBE)................................................................................. 7 Section4. CMAR Services.................................................................................................... 9 Section 5. Procedural Requirements Request for Proposals ........................................... 12 Section 6. Content of Proposal and Evaluation Criteria.................................................15 Section 7. Award and Execution of Contract..................................................................... 18 Section 8. Bonds and Insurance....................................................................... 18 Section 9. Inspection and Construction Material Testing ................................................ 19 Section 10. Proposed Schedule...............................................................................................19 Exhibits and Attachments: Map I — Location Map Map 2 — Preliminary Plan Layout of Project Exhibit A— Proposal Transmittal Letter (and corporate verification of authority) Exhibit B — Statement of Experience Exhibit C— Proposed Project Key Personnel Exhibit D — Exceptions to Agreement (see Attachment 2) Exhibit E — Conflict of Interest Exhibit F — Client Reference Form Exhibit G — Bond Forms & Insurance Exhibit H— Safety History Table Exhibit I — Construction Budget and Fee Proposals Exhibit J— Evaluation Criteria Exhibit K— Prevailing Wage Rates Attachment 1— General Conditions for CMAR Project Attachment 2 — Draft Construction Manager at Risk Agreement Attachment 3 — Business Equity Goal Attachment 4 — Prequalification Resources City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 2 of 52 CMAR RFP (Form 4/26/22) The City of Fort Worth, Texas desires to select a Construction Manager -at -Risk (CMAR) contractor to provide CMAR services in connection with the final design and construction of Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway. The selection will be a one-step process in accordance with Texas Government Code Ch. 2269.251 et seq. The City will be evaluating the proposers, in general, on: project delivery techniques, approaches and relevant experience that results in the following value statements for the project and City: Efficiency in overall delivery timeline (schedule). 2. Increased and/or enhanced functionality resulting from phasing and sequencing of project delivery to reduce impacts to homeowners and business owners and improve public mobility during construction. 3. Cost -savings and cost -avoidance (project construction change order/Field Order reductions) identified during preconstruction phase - constructability review of the design. 4. Reduced risk resulting from early engagement of the Construction Manager to optimize construction delivery in collaboration with the City's contracted Engineer. CMAR or alternative delivery project management experience is desired and will be recognized in two ways: Demonstrated relevant CMAR experience of the Proposer; and/or, 2. Value -delivery techniques on non-CMAR projects that demonstrate results and benefits to the project and Owner. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 3 of 52 CMAR RFP (Form 4/26/22) SECTION 1: DEFINITIONS AND DOCUMENTS A. Definitions: In this Request for Proposals capitalized terms whether defined herein or in the General Conditions (in the event of duplicate definitions which cannot be harmonized, the specific shall govern over the general) shall mean: Agreement means the written instrument memorializing the understanding between City and CMAR regarding the prosecution of the Work's Preconstruction Phase services and Construction Phase Services. City means the City of Fort Worth, Texas. CMAR means Construction Manager -at -Risk, the entity or person with which the City will contract to provide the construction manager -at -risk Preconstruction Phase Services and Construction Phase Services for the Project. Construction Budget means the amount of $24,100,000.00, in currently available funds, as detailed on Exhibit I. Construction Phase Services means the Construction services for the Project as more fully described in this RFP and the Contract. Construction Phase Fee means the fee, generally expressed as a percentage of the Cost of Work, Proposer seeks to earn for fulfilling the general conditions (to include profit, general overhead and other costs associated with supporting the Work) and prosecution of the Work. Contract Documents means the entire contract consisting of the Agreement, the Request for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Engineer means Burns & McDonnell Engineering Company, Inc., with whom the City has contracted to design the Project. Guaranteed Maximum Price (GMP) means the maximum cost to the City for CMAR to construct the Project within the Construction Budget, inclusive of the Construction Phase Fee. Owner means the City of Fort Worth, Texas. Preconstruction Phase Services means the preconstruction phase services that the CMAR must provide as more fully described in this RFP and the Contract. Preconstruction Phase Services Fee means the entire cost to provide the Preconstruction Phase Services including overhead, profit and all other expenses. Project specifically means the construction of Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway. Proposal means the Proposer's written response to this RFP. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 4 of 52 CMAR RFP (Form 4/26/22) Proposer means a person, corporation, partnership, or other entity that submits a Proposal in response to this REP. RFP means Owner's request for proposals seeking responses from eligible Proposers including, at a minimum, the Proposer's proposed fees and prices for fulfilling any general conditions or Work related to the Project. Utilization Plan means a Proposer's preliminary and final plans to address the diverse Business Equity Goal (as defined herein) for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. Work means all labor, materials, equipment, and services necessary to construct, erect, install, equip, complete and commission the Project as provided in the Contract Documents. Work shall not include Preconstruction Phase Services. B. Documents: The Exhibits and Attachments listed above in the table of contents are attached hereto and are incorporated as part of this RFP. SECTION 2: DESCRIPTION OF PROJECT A. The Project consists of the reconstruction of 2.11 miles of Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway. The project includes 6'-10' sidewalks and shared used paths, streetlights, 20" ductile iron water line relocation, 4-lane divided (4-11') commercial and neighborhood connector road with the ability to reduce median and widen to 6-lane in the future. The project includes conversion to curbed road with enclosed drainage system with inlets and upsized culverts; modification of existing traffic signal at Boat Club Road and Huffines Boulevard and new traffic signal at Bowman Roberts Road and Crystal Lake Drive. A 201' span concrete bridge over Marine Creek on the east side of the project and modifications to the existing roundabout at Marine Creek Parkway. All work will be performed within City and TxDOT right- of-way and easements. B. The City's Engineer is in the process of preparing design engineering documents and plans. The design completeness level varies based upon scope of work. All scopes have been completed to a design completeness level between 60% and 90%. Right -of -Way ("ROW") acquisition is anticipated to begin in March 2022 and be completed by May 2023. Franchise Utilities are designing relocations with an expected relocation completion date of December 2023. C. The scope of Work includes (approximate current design complete level listed in parenthesis): 1. Site prepation, demolition/removals and earthworks (90%) a. 40,000 CY Excavation b. 18,000 CY Embankment 2. Storm Drain (60%) a. Four (4) Major Box Culvert Crossings b. Approximately 6,568 LF of RCP Storm Drain 3. Water Line Relocation (60%) City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 5 of 52 CMAR RFP (Form 4/26/22) a. Approximately 1,200 LF of Ductile Iron Pipe and Fittings 4. Roadway Construction and Roundabout Modification (90%) a. Approximately 59,362 SY of 10.5" Concrete pavement on 8 inches of lime treated subgrade b. Approximately 28,744 LF 6" Concrete Curb c. Approximately 126,902 SF of 4" Concrete Sidewalk and Shared Used Paths d. Approximately 13,032 SY Asphalt Pavement and Base on 8 inches of lime treated subgrade e. One (1) Modification of Existing Marine Creek Parkway Roundabout 5. Signage and Pavement Markings (90%) 6. Traffic Control Plans (60%) 7. Street Illumination (60%) 8. Traffic Signals (90%) a. Modification of existing traffic signal at intersection of Cromwell Marine Creek Road and Boat Club Road and Bob Hanger Street/Huffines Boulevard b. New traffic signals at the intersection of Cromwell Marine Creek Road and Bowman Roberts Road and Crystal Lake Drive 9. Bridge (90%) and Retaining Wall (60%) a. Approximately 7,060 SF MSE Retaining Wall b. Approximately 1,396 LF Prestressed Concrete Girder (TX34) 10. Approximately 11,592 SF Reinforced Concrete Slab (Extend Slab)(HPC)s (90%) C. Project Team. The City has selected Burns & McDonnell Engineering Company, Inc., as the Engineer. The City's team of employees who will work on this Project consists of Transportation and Public Works Department personnel and other departments as needed. CMAR shall not be authorized to direct the Engineer to make changes to plans, specifications, quantities, or any other work product produced by the Engineer for the Project. D. Additional Professional Services. The City will contract separately for (1) inspection services, (2) testing of materials, (3) any verification testing services necessary for acceptance of the Project. The City reserves the right to retain other professionals and consultants to assist it with Preconstruction Phase and Construction Phase services and monitoring the Work. E. Permissions/Rejections. The CMAR will not perform any phase of services until the City provides the CMAR with written notice to proceed with that phase. The City may determine City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 6 of 52 CMAR RFP (Form 4/26/22) not to proceed with any and/or a portion of the Construction Phase Services, at the City's sole discretion. The City reserves the right to reject any or all proposals. SECTION 3: BUSINESS EQUITY PROVISIONS FOR CONSTRUCTION MANAGER AT RISK (CMAR) SOLICITATION Note: Capitalized terms used in this section not specifically defined herein are defined in the Business Equity Ordinance. A. All proposers shall note that the Business Equity Ordinance No. 25165-10-2021 (to be codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority — and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000, as detailed below. The Business Equity Goal for Pre -Construction Phase Services is 0%. The Business Equity Goal for Construction Phase Services is 6% (M/WBE). B. Unless modified herein, Proposers shall follow the guidelines found in Attachment 3 - Business Equity Goal. If a Proposer is certified as a Business Equity Firm, such Proposer can count its self -performance services towards meeting the Business Equity Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification. If such Proposer will not self -perform all of the work, it will be required to provide subcontracting opportunities with certified Business Equity Firms to meet the stated goal(s). C. Proposers must obtain a listing of certified Business Equity Firms from the City of Fort Worth's Department of Diversity and Inclusion (DVIN). The request for listings form can be found on the City's site at htips://www.fortworthtexas. og v/departments/diversity-inclusion/business- q itX, or email DVIN_BEOfficekfortworthtexas.gov or by calling (817) 392-2674. The selected CMAR acknowledges it will present Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City of Fort Worth at the time the GMP is submitted, in order for the participation to be counted towards the established goal(s). The firms must be located in the Marketplace, or meet the requirements of the City's Significant Business Presence which means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. D. Proposers shall submit with their proposals a preliminary Business Equity Utilization Plan ("Plan") to address how the Proposer will comply with the Business Equity Goal(s), if any, City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 7 of 52 CMAR RFP (Form 4/26/22) when proposals/bids are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the preliminary Plan must certify that the Proposer will comply with the requirements of Subsection C of this section and present evidence of the Proposer's past business diversity procurement practices. The preliminary Plan should also detail, to the extent possible, Proposer's anticipated efforts to comply with Subsection E herein. Failure to submit a preliminary Plan may render a Proposer non -responsive and cause the Proposal to be rejected. E. At the time the Guaranteed Maximum Price proposal is submitted to the City, it shall be accompanied by the CMAR's final Business Equity Utilization Plan detailing efforts to comply with the Business Equity Goal(s). The final Plan shall use the required documentation (see Attachment 3) and include, at a minimum: 1. A detailed description of the work to be performed by each Business Equity Firm; 2. The expected sub -contract value or percentage of the GMP construction cost for each phase of work identified for each Business Equity Firm participant; 3. The timing of the major elements of the work including approximate advertising dates and provide the same identification information for all non- Business Equity Firm participants 4. The Business Equity Firm company name, address, point of contact, email address, office and fax telephone numbers of the subcontractors and suppliers and their respective participation; 5. The tier level, i.e., 1st 2" d, 3ra, etc. (if other than Is' tier, the plan must clearly identify the firm name and tier from whom the Business Equity Firm firm will be receiving payment); 6. The Business Equity Firm percentage level of commitment achieved and/or a Good Faith Efforts statement; During the Project, the CMAR shall communicate with, and report compliance to, the City's Project Manager and the DVIN including providing letter(s) of intent, purchase orders and/or executed sub -contract agreements (after award by the CMAR) prior to the issuance of the notice to proceed of each relevant phase of the Work. F. Business Equity Firms must be certified at the time each of the Work's major elements are bid or proposals submitted, in order for the participation to be counted towards the established goal. G. Failure to comply with the Business Equity utilization commitments in the Plan may subject the CMAR to sanctions as provided in the Ordinance. 1. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE DURING CONSTRUCTION MAY SUBJECT THE CMAR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For additional information contact the DVIN at (817) 392-2678 or send email to DVIN _BEOffice(a), fortworthtexas. gov. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 8 of 52 CMAR RFP (Form 4/26/22) SECTION 4: CMAR SERVICES A. PRECONSTRUCTION PHASE SERVICES The CMAR Preconstruction Phase services will be provided for a fixed cost identified in the Proposal. The CMAR will provide the following Preconstruction Phase Services: 1. Provide a Project Manager, all Key Personnel and all other associated personnel necessary to fully meet the CMAR obligations for the Preconstruction Phase Services; 2. Participate in one Project kick off meeting for Preconstruction Phase Services; 3. Participate in bi-weekly meetings or workshops with the Engineer, Owner or others as needed; 4. Provide Insurance for the Pre -Construction and Construction Phases as described in Section 8; 5. Provide monthly progress reports and percent of complete billings; 6. Provide monthly project planning and scheduling report (using critical path method, if required) and prepare cash flow analyses for both the pre -construction and construction phases; 7. Consult with, advise and provide recommendations to the City and the Engineer on all aspects of the design, proposed construction, drawings and specifications and review prequalification of subcontractor requirements, if any; 8. Provide constructability review and consult on constructability issues of the design documents, plans and specifications, including written reports and recommendations on design packaging to advance construction, material availability and independent quantity calculations; 9. Provide list of additional details needed on the design documents and final design review plans that would be needed to complete the project in the allotted time, facilitate the intent of the project, support cost control measures, or to accelerate aspects of the work; 10. Provide input and assist Engineer in developing construction sequencing; 11. Identify and evaluate methods to gain efficiency in Project delivery; 12. Incorporate the City's standard specifications and provisions relating to quality, safety, community, and environmental factors; 13.Identify, evaluate and propose alternatives to reduce schedule, reduce costs, or improvements that otherwise will improve the Project for the City. Provide cost/benefit analysis of alternatives to the City and Engineer for approval prior to incorporation in the GMP; 14. Identify and evaluate early enabling work packages of the Project that may require less than 100% design prior to commencing construction such as specific independent project elements, utilities relocation, grading or site clearing; 15. Identify long -lead materials or equipment that will impact critical path delivery of project and inform the City if anticipated delays in procurement will alter the Project Schedule. Provide written documentation on the availability of labor, materials/equipment, building systems, cost -sensitive aspects of the design and other factors that may impact the GMP Proposal(s) and/or the Project Schedule; 16. Provide rough order of magnitude construction estimate at 30% and 60%, if applicable; 17. Develop for review an emergency/site safety plan and a quality management plan that complies with the Contract Documents. Develop for review a Quality Assurance/Quality City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 9 of 52 CMAR RFP (Form 4/26/22) Control (QA/QC) program to outline continuing attention to the production and installation of fit for purpose Work; 18. Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling other environmental issues (dust, on site chemicals and fuel, etc.) required to comply with permits and regulations applicable to the Project; 19. Identify Work which the Proposer intends to self -perform (if minor) or compete for award (if major) and inform the Project Manager of same; 20. Identify which work, if any, should be procured through value -based competitive selections in lieu of low bid and to the extent possible, inform the Project Manager of same; 21. Identify work types which will require pre -qualified contractors and obtain familiarization with the City's prequalification requirements; 22. Provide updated subsurface utility engineering (SUE) up to and including Level A, as required, to re -confirm the location of existing or relocated utilities after initial SUE, or, if none, to ascertain subsurface conditions and physical conditions of existing subsurface facilities and underground utilities as needed to minimize schedule delay and cost impacts in advance of construction. The CMAR may provide in the GMP for additional SUE investigations to improve the adequacy and completeness of the site condition information; 23. Create or utilize contract documents that are sufficiently clear and detailed to minimize ambiguity and scope interpretation during Preconstruction and Construction Phase; 24. Develop independent detailed construction cost estimates for the Project and Critical Path Method schedules at the 90% and final design milestones; 25. Publicly solicit and competitively procure, pursuant to City prequalification requirements, if any, trade contractors, including self -performance, or subcontractors or suppliers for all major elements of the construction work, and if necessary, for materials, estimated at greater than $50,000.00; 26. At 90% complete design, or at a mutually agreeable alternative design percent complete, provide a complete, detailed, written GMP proposal including list of bids received, identifying the bidders, recommendations for the award of subcontracts to construct the Project, resource loaded baseline schedule with anticipated cash flow, line item cost breakdowns with conditions and assumptions and CMAR Contingency. Provide open book pricing including raw costs, markups, bid adjustments and conditioning or other cost data for CMAR, or CMAR's subcontractors if requested by the City; 27. Attend, prepare, and lead meeting with City and Engineer to present GMP Proposal. CMAR shall negotiate in good faith with City staff on GMP proposal. B. CONSTRUCTION PHASE SERVICES The CMAR Construction Phase services will be provided for a percentage fee of the Cost of Work as identified in the Proposal and described in the General Conditions. The CMAR will provide the following Construction Phase Services: Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as described in Section 8; 2. Participate in one Project Kick Off Meeting for Construction Phase Services; 3. Coordinate, oversee, furnish, install, and manage construction of the Work in strict accordance with the Contract Documents including the Plans and Specifications and General Conditions within the Guaranteed Maximum Price and within the Contract Time City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 10 of 52 CMAR RFP (Form 4/26/22) agreed upon by the CMAR and the City. CMAR shall provide or procure all necessary labor, equipment, and materials to complete the Work; 4. Establish contracts with subcontractors and material suppliers to perform the Work and maintain strict enforcement of City's or other applicable prevailing wage requirements; 5. Review and monitor the final design and suggest equipment, materials and systems for selection; 6. Review site safety/emergency response plan with subcontractors; 7. Coordinate with and acquire all applicable permits from local and state agencies unless otherwise defined in the Contract Documents, as necessary; 8. Coordinate with all third parties hired by the City in connection with or to help facilitate the Work; 9. Procure all necessary labor, materials and equipment not previously procured during Preconstruction Phase to facilitate the Construction Phase of the Project; 10. Manage all procurement and construction -related subcontracts including compliance with the Business Equity Provisions. This includes inspection of the Work performed by subcontractors to verify conformance with the Contract Documents; 11. Monitor and maintain quality controls over shop drawings, equipment and materials, implementation and the Work; 12. Implement the construction site safety plan to provide a safe working environment for the Project; maintain, update and implement as needed the emergency response plan; 13. Conduct a Pre -Construction Meeting with all the contractors, sub -contractors, inspectors, City staff and other entities performing major elements of the work prior to the start of their work activities; 14. Implement traffic control plans created during Preconstruction Phase or provide mutually agreeable alternative plans based on actual field conditions; 15. Comply with City, county or state regulations for the management of storm water, dust and other regulatory environmental requirements; 16. Follow established protocols and procedures to track, expedite and process all submittals, Project change orders/Field Orders and requests for information; 17. Monitor and update monthly the Critical Path Method or other scheduling for the Project, prepare three week look ahead work schedules consistent with overall schedule. Provide monthly progress reports inclusive of earned value analysis of the progress achieved to date, any concerns regarding delays or potential delays, and any recommendations regarding mitigating actions; 18. Monitor and update monthly: contingency (CMAR's contingency and Owner's Contingency), project Allowance and shared savings tabulations and CMAR's cumulative earned fee; 19. Review and process all pay request applications from subcontractors; 20. Conduct monthly progress meetings with the on -site trade foremen or superintendents and subcontractor representatives, as applicable; 21. Attend bi-weekly (every two weeks) meetings with City Staff, inspectors, and other entities; 22. Supervise, receive and manage product warranties/guaranty documents, if any, issued for materials or equipment and related installation, and provide same to the City upon Final Acceptance of the Project, or at a date negotiated by the Parties; 23. Conduct walk-throughs at Substantial Completion and for the Final Inspection with the Transportation and Public Works Department, Water Department, PARKS, TxDOT, and City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 11 of 52 CMAR RFP (Form 4/26/22) Engineer at the appropriate times and at 20 months after Final Acceptance regarding the two-year warranty; 24. Implement close out procedures and complete punch list items necessary for the City to accept the Project as being finally complete; provide lien waivers and affidavits of bills paid from all subcontractors and material suppliers; 25. Complete all Construction Phase Services and Work no later than the end date of the Project Time established as part of Article 6 — Project Time and Liquidated Damages, of the CMAR Agreement (Attachment 2 — CMAR Agreement); 26. Prepare a final report on all construction costs and provide final as-buit documents in hard copy, PDF and/or other electronic format as specified by the Engineer. C. SELF PERFORMANCE REQUIREMENTS In accordance with Texas law, the CMAR may seek to self -perform work if the CMAR submits a bid or proposal in the same manner as all other trade subcontractors or suppliers and the City determines that the CMAR's low bid or proposal provides the best value for the submitted work. The CMAR must still meet the Business Equity goal even if self -performing some or all of the Construction Phase Services. SECTION 5: PROCEDURAL ITEMS A. RESERVATION OF RIGHTS 1. The City may reject any or all Proposals and/or waive minor deviations and/or irregularities therein and evaluate proposals. 2. The City reserves the right to cancel this project for any reason at any time during the proposal evaluation process without incurring any obligations or liabilities. 3. The City reserves the right to modify the CMAR procurement schedule. B. SUBMISSION OF PROPOSALS Proposal Each Proposal should be prepared simply and provide a straightforward and concise description of the Proposer's ability to perform, as a CMAR, the required Preconstruction Phase Services and Construction Phase Services as described in this REP and the Agreement as per the General Conditions. Emphasis should be on completeness, clarity of content, responsiveness to the requirements and an understanding of the City's needs. Vague or misleading statements will be viewed unfavorably. 2. Modifications to Submissions No modifications to materials that have been submitted to the City are allowed unless Proposer withdraws its entire response. Resubmittal is acceptable up to the time specified for submittal of proposals. 3. Disclosure of Proprietary Information All materials submitted to the City become public property and are subject to the Texas Public Information Act upon receipt. If the Proposer does not desire submitted information that it considers to be proprietary to be disclosed, each page must be identified and marked proprietary at the time of submittal. The City will, but only to the extent allowed by law, endeavor to protect such information from disclosure. Failure to identify proprietary information will result in all unmarked sections being deemed City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 12 of 52 CMAR RFP (Form 4/26/22) non-proprietary and available upon public request. City will notify any and all Proposers if a Public Information Act request is received to allow a Proposer to prepare its own response to protect its proprietary material beyond that which the City is allowed. Entire Proposals marked as proprietary will not be provided any special care under a PIA request. 4. Costs of Preparing Proposal All costs of preparing the Proposal shall be the sole responsibility of the person or entity submitting the information. 5. Pre -Proposal Conference A Pre -Proposal Conference will be held at 2:00 p.m. on Thursday, June 21, 2022. The conference will be held in the Transportation and Public and Public Works Conference Room 270, 2nd Floor of City Hall, 200 Texas Street, Fort Worth, Texas 76102. The presentation given at the conference and any questions and answers provided at the conference will be issued as an Addendum to the bid. All interested proposers are strongly encouraged to participate in this conference. 6. Further Information and Questions Information requests and questions must be submitted in writing by email and received by the City Project Manager no later than Thursday, June 23, 2022 at 5:00 pm. Responses to all requests and questions will be emailed to all known interested parties and posted to the City of Fort Worth Purchasing Division website at http: www.fortworthgov.org/purchasing by end of day, Friday, June 24, 2022. Please email all information requests and questions regarding this RFP, with "Cromwell Marine Creek Road CMAR RFP" noted in the email Subject Line, to: Alej andra Ayala, PE Project Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 Alej andra.Alagfortworthtexas.. og_v 7. Anti -Lobbying Proposers submitting Proposals and any interested subcontractors are prohibited from directly or indirectly communicating with, including but not limited to contact by email, phone or in person, any City of Fort Worth representative regarding this RFP, except as provided herein for requests for further information. 8. Submission of Proposal The proposal shall be limited to 25 pages. Proposals must be printed on letter -sized (8.5 inch by 11 inch) paper. Sheets as large as 11 inches by 17 inches may be used for graphics and will be counted as two pages. Sections should be divided by tabs for ease of reference. The 25-page maximum does not include a one -page cover letter and the required fee proposal form. The Proposal shall use 10 pt. font or larger for the text. Resumes of Key Personnel may be included in an appendix if desired, not to exceed an additional 10 pages. Each copy of the Proposal must be bound to ensure that pages are not lost. One (1) original, one (1) electronic (PDF format or equivalent). An original signature must appear on the cover letter. Please mark the document with the original signature as "ORIGINAL". 9. Receipt of All Proposals Proposals shall be sealed in an envelope or container marked on the outside with the Proposer's name and address and: City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 13 of 52 CMAR RFP (Form 4/26/22) Cromwell Marine Creek Road — Boat Club Road to Marine Creek Parkway CMAR RFP City Project Number 101012 Transportation and Public Works Department Facsimile submittals will not be accepted. Proposals may be mailed or delivered to: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 All sealed proposals must be received by the City no later than 1:30 pm on Thursday, July 7, 2022. All proposals will be publicly opened and the names of the Proposers and the submitted fees and prices for the Project will be read aloud at 2: 00 pm the same day in the City Council Chambers. Proposals received after the date and time specified herein will be returned unopened. 10. Conflict of Interest Questionnaire Each Proposer must complete and submit directly to the City Secretary's Office, an original Conflict of Interest Questionnaire. If a Proposer already has a Conflict of Interest Questionnaire on file with the City Secretary's Office, a Proposer may so certify to that fact. See Exhibit E. 11. Financial Statement Proposers should provide one copy of an audited financial statement from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to-date financial statements. The single financial statement should be submitted with the original proposal, and may be provided in a separate sealed envelope and does not affect the page count. SECTION 6: CONTENT OF PROPOSAL AND EVALUATION CRITERIA Proposers shall submit complete responses to all requirements described in this RFP. Although concise submittals are preferred, proposals must be sufficiently detailed to demonstrate that the Proposer can successfully deliver the CMAR scope of services. All items in all tabs shall be included in each copy of the Proposal. Proposals containing incomplete information will be rejected. A. The Proposal must contain the following information in the following order: 1. Cover Letter (Pass/Fail) Not included in page count The Proposer's one -page cover letter should clearly state that the Proposal is valid for 90 days from submission of the Proposal and should be signed by an individual with authority to commit the Proposer to the Project. The 90-day period applies to the Exhibit I. 2. Forms and Certifications (Pass/Fail) Not included in page count The Forms and Certifications in Exhibits A — K are attached for use in documenting compliance with the City's procurement process, Business Equity Firm requirements and for use in preparing the Proposer's Price Proposal. 3. Proposer's Corporate Experience and Financial Stability (10 point maximum, not to exceed 3 pages) Included in page count City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 14 of 52 CMAR RFP (Form 4/26/22) The Proposer shall provide information in a tabular format, for roadway construction projects of similar size, and scope, including project durations for projects completed or currently in progress for all owners within the past ten years. The proposer shall demonstrate a history of completing projects on time and financial capacity to deliver the Project. Proposer shall identify and present a detailed summary on up to five projects that best represent the Proposer's relevant, demonstrated experience and services requested for the Project. The total number of projects presented shall not be less than three. The Proposer shall identify its experience in the performance of CMAR Pre -Construction Services which will be required on this project, specifically (1) working with design engineers in the preparation of construction documents, (2) constructability reviews based on engineering drawings and site visits, (3) preparing cost estimates on partially completed construction documents, (4) project scheduling, and (5) developing a GMP. The proposer should explain the benefits of their experience in terms of value for the Project. The Proposer shall identify the major work elements/trades of a typical project and identify if the Proposer intends to self -perform such elements/trades and provide examples of those elements/trades which it normally self -performs. The listing of major work elements/trades should, at a minimum, include those listed under Section 2 Description of Project above. 4. Pricing of CMAR Services (5 points maximum, not to exceed 1 page) Not included in page count Provide the Preconstruction Phase Cost (expressed in dollars) and Construction Phase Fee (expressed as a percentage of cost of work) on Exhibit I — Construction Budget and Fee Proposal. Provide any proposed incentives for delivery. 5. CMAR Qualifications and Experience of Key Personnel (relevant Non-CMAR construction experience acceptable) (20 points maximum, not to exceed 6 pages) Included in page count Overall qualifications, capacity, experience and workload of the Proposer's Key Personnel to perform the required Preconstruction Phase Services and Construction Phase Services shall be provided. Additional information should demonstrate results and successes with projects of similar size and scope (CMAR and Non-CMAR Experience) including Proposer's relevant experience in project delivery such as: 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 Preconstruction Services. The team's value proposition shall be clearly communicated through experience, results and assigned roles and responsibilities. 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. Include a statement that proposed Key Personnel will be dedicated and available for the performance of the Project and will only be changed with prior written City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 15 of 52 CMAR RFP (Form 4/26/22) approval by the City. State the amount of time, on a percentage basis, each Key Personnel is expected to charge during the Preconstruction Phase and Construction Phase Services. The Proposer will provide client references for three of the projects listed in Item 3 using Exhibit F. 6. Project Approach (65 points maximum, not to exceed 15 pages) Included in page count Preconstruction Services (10 points maximum) Describe the approach to the successful completion of the Preconstruction Phase Services. Discuss the potential benefits from these activities to the overall Project. Use examples from prior efforts to prove benefits. Identify any specialized skills or special consideration that Proposer will be able to provide. Construction Approach 15 points maximum) Describe the approach to the successful completion of the Construction Phase Services and identify any specialized skills or special considerations that Proposer will be able to provide. Use specific examples where possible. Describe in detail Proposer's approach to dealing with delivery impacts (i.e. adverse weather, operational issues, etc.), working with stakeholder and customer communities, and managing sub contractors. Approach to managing and maintaining cost and schedule as it relates to franchise utilities and third -party stakeholders. QA/QC and Safet.. P�(5 points maximum) Describe how Proposer will develop and implement quality assurance/quality control and site safety plans to achieve a successful project. Cost and Schedule Control (35 points maximum) Describe how Proposer will manage and control costs and schedule. Discuss how change management process will be addressed. 7. Compliance with the Business Equity Ordinance (Responsive/Non-Responsive), Not to exceed 1 page) Included in page count Proposer shall acknowledge and commit to meeting the overall diverse Business Equity goal and present its preliminary Utilization Plan (as defined above in Section 3.D.). Failure to submit a preliminary Utilization Plan may render a Proposer non -responsive and cause the Proposal to be rejected. B. Review of Proposals and Release of Information The City will convene a team to apply the Evaluation Criteria set forth in this RFP and to rank the qualified Proposers with the goal to select the Proposer that offers the best value under the evaluation criteria. Within seven days after the City Council authorizes execution of the CMAR contract, the City will document the basis of its selection and make the evaluations public. C. Guaranteed Maximum Price City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 16 of 52 CMAR RFP (Form 4/26/22) 1. The GMP will be established during the Preconstruction Phase Services and will be acknowledged as an amendment to the CMAR Agreement. The CMAR assumes the risk of completing the Work for the stated GMP and within the allotted Contract time. Cost sharing arrangements are more fully described in the Contract. Adherance to the GMP, as may be amended by the parties, shall be the responsibility of CMAR. Cost overruns shall be borne by the CMAR. 2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended) of the Texas Government Code. This statute, among other things, requires all contractors and subcontractors performing public works contracts for a municipality to: a. pay the prevailing wage rate as determined by the municipality; b. 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 c. 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. d. The prevailing wage for this Project will be included in the GMP calculation and will be established at the time the bids/proposals are requested for the major elements of the Work. SECTION 7: AWARD AND EXECUTION OF CONTRACT After evaluation and ranking, Staff will attempt to negotiate a contract with the top ranked Proposer. If negotiations fail, the City will end the negotiations in writing and commence negotiations with the next -highest ranked Proposer, and so on, until a contract is negotiated or all candidates are rejected. At this stage, Staff will negotiate only those items listed as Exceptions to Agreement - Exhibit D, and any cost sharing proposals submitted on Exhibit I. Excessive contract exceptions will be viewed unfavorably. The initial notice to proceed will be for the Preconstruction Phase Services. The City may elect to not proceed with the Construction Phase Services, at the City's sole and exclusive discretion. As provided in the Agreement, the City may terminate the contract after the Preconstruction Phase if a GMP cannot be negotiated during the Preconstruction Phase as well as during the Construction Phase - with or without cause. To comply with Article 11, Sec. 5 of the Texas Constitution, the City will include the following provision in the Contract: "Notwithstanding any other provisions of this Contract, if this Contract provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Contract begins and the City's City Council fails to appropriate funds to make the payments, then this Contract automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments." City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 17 of 52 CMAR RFP (Form 4/26/22) 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 CMAR 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 loth day after the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other financial security acceptable to the City to ensure that the CMAR will furnish the required performance and payment bonds when a guaranteed maximum price is established. If any Maintenance Bonds are required, said bonds shall be provided or procured by the CMAR and shall be in the name of and in favor of the City. All payment, performance and maintenance bonds issued with respect to this section shall be provided by a surety authorized to do business in the State of Texas and in accordance with Texas Gov't Code 2253. The City's bond forms are provided in Exhibit G. Insurance. Please refer to Attachment 1 General Conditions for CMAR Project at Article 5, Section 5.03-5.05 for detailed insurance values, limits and descriptions. SECTION 9: INSPECTION AND CONSTRUCTION MATERIAL TESTING The City will provide or contract for, independently of the CMAR's services, inspection services, testing of construction materials, engineering, and the verification testing services necessary for acceptance of the Work. The selected Proposer will be required to coordinate these services. SECTION 10: PROPOSED SCHEDULE Publication of Request for Proposals (Ist) Publication of Request for Proposals (2nd) Pre -proposal Conference (2:00 PM) Deadline for Comments (5:00 PM) Final Addendum Posted (5:00 PM) RFP Submittals Due: 1:30 PM Opened and Read Aloud: 2:00 PM Evaluation of Proposals Notice to Selected CMAR Contract Negotiations CMAR Contract Award (M&C) Notice to Proceed (Preconstruction Phase) GMP Proposal Delivery Notice to Proceed (Construction Phase) July 27, 2022 August 4, 2022 August 4, 2022 August 5, 2022 August 6, 2022 August 11, 2022 August 11, 2022 August 2022 September 2022 September 2022 October 2022 October/November 2022 August 2023 December 2023 City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 18 of 52 CMAR RFP (Form 4/26/22) Map 1— Location Map IT r . A I NIMINE ZFEU PKWY I VAT C04 RID mem Ai xUrin e 9vnxxl �' CRAZKUA r, - LAKE riw or - - - - - - - - - - - - - - - - - - - - FI - i City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 19 of 52 CMAR RFP (Form 4/26/22) Map 2 — Schematic Layout of Project https://does.b360.autodesk.com/shares/dlb84176-Oed8-430b-b436-f2d4f39a2e27 City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 20 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit A - Proposal Transmittal Letter TO: City of Fort Worth, Texas FROM: (Proposer's Name) FOR: Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway Submitted: 92022 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal and Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Construction Manager -at -Risk Services including development of a Guaranteed Maximum Price Proposal and to construct the Project in accordance with the said Contract Documents. The Proposer agrees, if this Proposal is accepted, to enter into a written contract with the City of Fort Worth, Texas to furnish all items necessary to perform the Construction Manager -at -Risk Services including Pre - Construction Services and Construction Services in full and complete accordance with the reasonably intended requirements of the respective scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer agrees, if the Guaranteed Maximum Price Proposal is accepted, to commence with the construction of the Project completely by furnishing all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this Proposal Transmittal Letter submitting the Proposer's response to the RFP and further authorizes and hereby requests any person, firm, or corporation, if requested by the City, to furnish any information in verification of the recitals comprising this Proposal. By the signature provided below, the signatory affirms that the information provided herein and in this Proposal is true and correct to the best of his/her knowledge and belief. Attached hereto is authority provided by the Proposer's governing body verifying the authority of the signatory to so execute this document. By: (signature) Title: Date: City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 21 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit B — Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Project No. 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 Contract Substantial Completion Date: Actual Substantial Completion Date: ) Calendar Days () Working Days If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. Project Description and Statement of Relevance to this Project: City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 22 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 23 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit C - Proposed Project Key Personnel Project Manager Organization Doing Business As Name of Individual Years of Experience as Project Manager (minimum 15+ years experience managing similar projects of scope, preferred) Years of Experience with this organization Number of similar projects as Project Manager 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 eference Contact Information ames indicates approval t ontacting e the names Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Proj ect Candidate role on Project Name of Assignment Candidate role on Project Percent of Time Estimated Project Used for this Completion Date City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 24 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit C - Proposed Project Key Personnel — Continued Construction Manager Organization Doing Business As Name of Individual Years of Experience as Project Construction Manager (minimum 10+ years experience working with similar projects of scope preferred) Years of Experience with this organization Number of similar projects as Project Construction Manager Number of similar projects in other positions Initial Project Name and Description Contract Price Final Contract Price Initial Actual Contract Contract Completion Completion Date Date Reference Contact Information (listing, is as a r rence) Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Proj ect Proj ect Candidate role on Project Current Project Assignments Name of Assignment Candidate role on Project Percent of Time Used for this Estimated Project Completion Date City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 25 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit C - Proposed Project Key Personnel — Continued Preconstruction Manager Organization Doing Business As Name of Individual Years of Experience as Project Pre -Construction Manager (minimum 10+ years experience working with similar projects of scope preferred) Years of Experience with this organization Number of similar projects as Project Pre - Construction Manager Number of similar projects in other positions Initial Project Name and Description Contract Price Final Contract Price Initial Actual Contract Contract Completion Completion Date Date eference Contact Informatio ames reference) approval MTbntacting the na Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Proj ect Candidate role n Project i Name of Assignment Candidate role on Project Percent of Time Used for this Estimated Project Completion Date City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 26 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit C - Proposed Project Key Personnel — Continued (Key Individual/Position as determined by Proposer) Organization Doing Business As Name of Individual Years of Experience Years of Experience with this organization Number of similar projects 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 nce Contact Information (listing names indicates approval to contacting the namea re e iis Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Proj ect Candidate role n Project i Name of Assignment Candidate role on Project Percent of Time Estimated Project Used for this Completion Date City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 27 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit D — Exceptions to Agreement (see Attachment 2) Comment Number Location in CMAR Agreement Exception and Rationale Suggested Alternate Language 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 28 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit E — Conflict of Interest CONFLICT OF INTEREST QUESTIONNAIRE FORMCIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements Date Received under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. 2 Check this box it you are tiling an update to a previously tiled questionnaire. (The law requires that you the an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name of local government officer about whom the information is being disclosed. Name of Officer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 51 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.tx.us Revised 1/1/2021 City of FortWorth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 29 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes awarethat: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with thevendor. Local Government Code 4 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. END SECTION City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 30 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal Exhibit F — Client Reference Form Project Name: Owner's Name: Owner Contact's Phone Number: Owner's Contact Name & Title: Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Manager's Name: Engineer/Architect/Construction Manager's Phone Number: Engineer/Architect/Construction Manager's Contact Name & Title: Original Contract Value / GMP of Project: Cost Savings Identified: Final Contract Value of Project: Project Description: Original Project Duration: Original Project Completion Date: Actual Project Completion Date: Explanation for later project completion date or contract value overrun, if applicable: City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 31 of 52 CMAR RFP (Form 4/26/22) In Tab 2 of Proposal List Major Subcontractor's; names, contact phone numbers City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 32 of 52 CMAR RFP (Form 4/26/22) Exhibit G — Bond Forms & Insurance Pre -Construction Phase Services: For Pre -Construction Phase Services, no bonds are required. Construction Phase Services: Construction Phase Bonds shall be the City's standard forms which have been included in this section: 00 61 13 Performance 00 61 14 Payment 00 61 19 Maintenance bonds 00 6125 Certificate of Insurance Navigation: 02 - Construction Documents/Specifications/Div 00 — General Conditions City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 33 of 52 CMAR RFP (Form 4/26/22) SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, , known as "Principal" herein and , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20_, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Cromwell Marine Creek Road Widening Improvements (Boat Club Road to Marine Creek Parkway), CPN 101012. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 34 of 52 CMAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 120. PRINCIPAL: r.VIIII01MIS I (Principal) Secretary Witness as to Principal Witness as to Surety BY: Signature Name and Title Address: SURETY: BY: Signature Name and Title Address: Telephone Number: *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 35 of 52 CMAR RFP (Form 4/26/22) SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, , known as "Principal" herein, and , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the day of , 20 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Cromwell Marine Creek Road Widening Improvements (Boat Club Road to Marine Creek Parkway), CPN 10 10 12. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 36 of 52 CMAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 20 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: BY: Signature Name and Title Address: SURETY: BY: Signature Name and Title Address: Telephone Number: Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 37 of 52 CMAR RFP (Form 4/26/22) SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we , known as "Principal" herein and , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Cromwell Marine Creek Road Widening Improvements (Boat Club Road to Marine Creek Parkway), CPN 101012 ; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 38 of 52 CMAR RFP (Form 4/26/22) reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 39 of 52 CMAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 20 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: BY: Signature Name and Title Address: SURETY: BY: Signature Name and Title Address: Telephone Number: *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 40 of 52 CMAR RFP (Form 4/26/22) Section 00 6125 Certificate of Insurance City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 41 of 52 CMAR RFP (Form 4/26/22) 9 Additional Insured — Automatic — Owners, Lessees Or Z U R[ C H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 4277101-18 Effective Date: 10/01/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW (02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (I) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW (02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit' as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III — Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW (02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW (02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Other Insurance Amendment — Primary and Non -Contributory ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GL04277101-18 10-01-2022 10-01-2023 10-01-2022 0910900 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: See Certificate of Insurance Address (including ZIP Code): See Certificate of Insurance This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 Notification to Others of Cancellation, Nonrenewal or ZURICH Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GL04277101-18 10-01-2022 1 10-01-2023 10-01-2022 109109000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED, 30 THROUGH WRITTEN CONTRACT, AGREEMENT OR PERMIT All other terms and conditions of this policy remain unchanged. U-GL-1447-A CW (05/ 10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured Copy POLICY NUMBER: GL04277101-18 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any Person or Organization that requires You to waive your Rights of Recovery, in a written contract or agreement with the Named Insured that is executed prior to the accident or loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: GLO 4277101-18 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): DESIGNATED CONSTRUCTION PROJECTS —GENERAL AGGREGATE A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT THE INSURED IS PREFORMING OPERATIONS; HOWEVER, ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP—UP OR ANY OTHER COMBINED, CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I —Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I —Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I —Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 GG 25 03 05 09 0 POLICY NUMBER: BAP 4277102-18 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: See Certificate of Insurance Endorsement Effective Date: 10/01/2022 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are required to provide Additional Insured status or Additional Insured status on a Primary, Non -Contributory basis, in a written contract or written agreement executed prior to the loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 4277102-18 Effective Date: 10/01/2022 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured ZURICH 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. U-CA-424-H CW (10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW (10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto —World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". U-CA-424-H CW (10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 �M WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THE POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-2022 Policy NOWC4277100-18 Endorsement No. Insured SEE CERTIFICATE OF INSURANCE Premium$ Insurance Company American Zurich Insurance Co. Countersigned By WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance Insured Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 33 NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Number of Name and Address of Other Person(s) I Organ ization(s): Days Notice: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH 90 WRITTEN CONTRACT, AGREEMENT OR PERMIT All other terms and conditions of this policy remain unchanged. WC 99 06 33 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 9 Notification to Others of Cancellation, Nonrenewal ZURICH or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP4277102-1 10/01 /2022 1 10/01 /2023 1 10/01 /2022 09109000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number of Days Notice: ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED 30 THROUGH WRITTEN CONTRACT AGREEMENT OR PERMIT All other terms and conditions of this policy remain unchanged. U-CA-811-A CW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured Copy b. this coverage shall expire at the end of the Policy Period or within ninety (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity, confirmed by us by endorsement, and provided that you pay any applicable additional premium requested by us; Any Insured with regard to its participation in a legal entity including a limited liability company or joint venture, but only to the extent of the Insured's legal liability for its rendering of Professional Activities and Duties and/or Contracting Activities under the respective legal entity or joint venture; 8. With regard to Section 1: What We Cover D.1., the Client, but only: a. if the you are required to include the Client as an additional Insured in a written contract in effect during the Policy Period and signed by the you prior to the first commencement of the Pollution Condition; and b. with respect to the Client's vicarious liability resulting from your Contracting Activity. With regard to Section 1: What We Cover D.1., all persons or organizations, other than a Client, as required by a written contract executed by the Named Insured, but only for: a. a Pollution Condition caused by your Contracting Activity; and b. the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition. Insured Contract L. means that part of any written contract or written agreement under which you assume the Tort Liability of another party to pay compensatory damages for Bodily Injury or Property Damage, to a third person or organization, provided that such written contract or written agreement is signed by you prior to the Bodily Injury or Property Damage. Tort Liability means a liability that would be imposed by law in the absence of any contract or agreement. KLD 051 0113 © 2013 X.L. America, Inc. Page 6 of 25 All Rights Reserved. May not be copied without permission. 4. Under Section 1: What We Cover: D. Pollution Loss Coverage only, when the Named Insured is required by contract, agreement, or permit to include any person or entity as an additional insured, such coverage shall be provided on a primary and non-contributory basis. Severability M. Except with respect to the Limits of Liability and the Self -Insured Retention Amount, and any rights or duties specifically assigned in this policy to you, this insurance applies: (a) as if each Named Insured were the only Named Insured; and (b) separately to each Insured against or by whom a Claim is made. Misrepresentation, concealment, breach of condition or violation of any duty under this policy by one Insured shall not prejudice the interest or coverage of another Insured under this policy. Sole Agent N. You will act on behalf of all Insured(s) for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this policy, giving and receiving notice of cancellation or non - renewal and the exercise of the rights provided in Section 6: Extended Reporting Period, B. Optional Extended Reporting Period. Subrogation O. In the event of any payment under this policy, we will be subrogated to all of the Insured's rights of recovery against any person or organization and the Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing at any time to prejudice our subrogation rights. However, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients, if prior to a Professional Liability Claim, a waiver of subrogation was so required and accepted under a specific contractual undertaking by the Insured. Under Section 1: What We Cover: D. Pollution Loss Coverage, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients if prior to the Pollution Claim, a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. Territory P. Coverage granted under this policy will apply anywhere in the world, to the extent permitted by law. KLD 051 0113 © 2013 X.L. America, Inc. Page 25 of 25 All Rights Reserved. May not be copied without permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., October 1, 2022, forms a part of Policy No. CEO742109603 issued to Sundt Companies, Inc & Sundt Construction, Inc. by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT - CANCELLATION NOTIFICATION TO OTHERS This endorsement modifies insurance provided under the following: PA/CE Plus: Professional Activities/Complete Execution + Pollution (Occurrence) PROFESSIONAL & POLLUTION LIABILITY FOR CONSTRUCTION CONTRACTORS AND CONSTRUCTION SUPPORT SERVICES PROVIDERS In consideration of the premium charged, it is hereby understood and agreed that in the event coverage is cancelled for any statutorily permitted reason, other than non-payment of premium, advance written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address Number of Days Advanced Notice of Cancellation All entities as required per schedule on file with broker to be provided at time of cancellation. Per requirement (no less than 30 days) Any failure of the Company to so notify the person(s) or entity(ies) listed above will in no way serve as, or be deemed, a violation or breach of the Company's duties or obligations under this Policy or otherwise. All other terms, conditions and exclusions of this policy remain unchanged. KLD 400 1214 © 2014 X.L. America, Inc. Page 6 of 27 All Rights Reserved. May not be copied without permission. Exhibit H — Safety History Table 2019 2020 2021 A Total Number of Field Man -Hours Number of Recordable Incidents with no lost time B accidents Number of Recordable Incidents with lost time C accidents Total Recordable Incident Rate (TRIR) D (B+C) x (200,000) I A E Number of Fatalities F Published Experience Modification Rate (EMR) Provide documentation as an appendix to support the above Experience Modification Rate information. Either of the following methods are acceptable: • Letter from insurance agent, insurance carrier, or appropriate government agency (on their letterhead) verifying the modification rate. • Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 300 logs for each of the past three years. City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 42 of 52 CMAR RFP (Form 4/26/22) Exhibit I — Construction Budget and Fee Proposals Construction Budget The City's Construction Budget 1 $24,100,000.00 CMAR Fee Proposal Pre -Construction Phase Cost (Paid from other Project funds): Minimum Amount (required) $ 20,000.00 Additional Amount (if any, cannot be negative) $100,000.00 Total Pre -Construction Phase Cost $ 120,000.00 Construction Phase Fee: (expressed as a percentage of cost of Work; will be incorporated into GMP) 5.75% CMAR's Share of Unspent CMAR Contingency - if any 0.00% CMAR's Share of Unspent GMP (Exclusive of CMAR Contingency - if any 0.00% (refer to Attachment 2, Agreement, Articles 2.1) and 2.E) Note: Only the Total Pre -Construction Phase Cost and Construction Phase Fee percentage will be read publicly at the time the RFP is opened. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 43 of 52 CMAR RFP (Form 4/26/22) Exhibit J- Evaluation Criteria Evaluation Value 1. Cover Letter Pass/Fail 2. Forms and Certifications Pass/Fail 3. Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience, including safety record, self -performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history of completing projects on time. The Firm can Maximum 10 demonstrate relevant and recognized project delivery experience points through using various project delivery techniques and best practices. The Firm explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. 4. Pricing of CMAR services (Preconstruction and CMAR Fee) Maximum 5 Exhibit I points 5. CMAR Qualifications and Experience of Key Personnel (Relevant Non-CMAR experience acceptable): Overall qualifications, capacity, experience and workload of the Proposer's Key Personnel to perform the required Preconstruction Phase Services and Construction Phase Services. 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- Maximum 20 Construction Services. The team's value proposition is clearly points communicated through experience, results and assigned roles and responsibilities. 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 proj ect. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 44 of 52 CMAR RFP (Form 4/26/22) 6. Project Approach a. Construction Approach: Proposer's approach to dealing with Maximum 25 delivery impacts (i.e. adverse weather, operational issues, etc.), working with stakeholder and customer communities, and managing points sub contractors. Approach to managing and maintaining cost and schedule as it relates to franchise utilities and third party stakeholders. I b. Pre -Construction Services: Team's approach to performing pre - construction phase services, integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet or Maximum 10 exceed delivery timeline. Identify any specialized skills or special consideration that Proposer will be able to provide. points c. QA/QC and Safety Plan: Demonstrated development and implementation of Quality Assurance/Quality Control and Safety Maximum 5 Plans to achieve successful projects. points d. Cost and Schedule Control: Approach to managing and controlling costs and schedules. Identify approach to change Maximum 25 management process. points 7. Compliance with the Business Equity Ordinance: Acknowledge and commit to meeting the overall diverse Business Equity and Responsive/Non- present its preliminary Utilization Plan Responsive Proposer's responsiveness to Request for Proposal I Yes/No City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 45 of 52 CMAR RFP (Form 4/26/22) Exhibit K - Prevailing Wage Rates (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer (Miscellaneous) $ 13.00 Metal Installer Helper (Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 City of Fort Worth -Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 46 of 52 CMAR RFP (Form 4/26/22) Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website: www.texoassociation.org/Chapter/wagerates.asp City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 47 of 52 CMAR RFP (Form 4/26/22) Attachment I — General Conditions for CMAR Project General Conditions for CMAR Project can be found inside Cromwell Marine Creek Road CMAR RFP bid package for downloading in following Bim 360 link: httDS:Hdocs.b360.autodesk.com/shares/4cf2d33e-2129-49cd-8799-5b96827a988f City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 48 of 52 CMAR RFP (Form 4/26/22) Attachment 2 —Construction Manager at Risk Agreement Construction Manager at Risk Agreement can be found inside Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway CMAR RFP bid package for downloading in following BIM 360 link: https:Hdocs.b360.autodesk.com/shares/4cf2d33e-2129-49cd-8799-5b96827a988f City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 49 of 52 CMAR RFP (Form 4/26/22) Attachment 3 — Business Equity Goal APPLICATION OF POLICY If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms when applicable, in the procurement of all goods and services. All requirements and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11-2020 and all prior Ordinances (to be codified at: htTs://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to this CMAR procurement. BUSINESS EQUITY PROJECT GOAL The City's Business Equity goal(s) on this project is as stated in Section 3. A. to this RFP. METHODS TO COMPLY WITH THE GOAL On CMAR projects where a Business Equity Goal is applied, offerors are required to comply with the City's Business Equity Ordinance by meeting or exceeding the above stated goal(s) or otherwise complying with the ordinance through one of the following methods: 1. Commercially useful services performed by a Business Equity prime contractor, including the CMAR, 2. Business Equity subcontracting participation, 3. Combination of Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION Pre -Construction Phase: CMAR shall ensure that contractors responding to CMAR's notice of bids or requests for qualifications shall provide their business diversity documentation to the CMAR no later than 2:00 p.m., on the third City business day after the bids/proposals opening date. CMAR shall provide notice of compliance to the PM by the close of business that same day. CMAR is encouraged to engage with DVIN staff during this phase should any assistance be required. Applicable documents identified below must be submitted by the CMAR to the City of Fort Worth Proj ect Manager or Department Designee, concurrent with submittal of the GMP. During the GMP evaluation period, DVIN staff will evaluate the CMAR's Business Equity Firm utilization proposal to verify the proposed firms and for compliance with the Utilization Plan. FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE CMAR'S GMP BEING REJECTED. CMAR may resubmit documentation in order to achieve a GMP in compliance with the ordinance. The CMAR, as part of establishing the GMP, must submit one or more of the following documents: 1. Business Equity Utilization Form (2022), if the goal is met or exceeded; 2. Letter(s) of Intent, if the goal is met or exceeded; 3. Good Faith Effort Form, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished; City of Fort Worth — Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 50 of 52 CMAR RFP (Form 4/26/22) 4. Prime Contractor Waiver Form, including supporting documentation, if the CMAR will self - perform all subcontracting/supplier opportunities; or 5. M/WBE Joint Venture Eligibility Form, if goal is met or exceeded with a Joint Venture or Mentor-Prot6g6 participation. These forms can be found in the Diversity & Inclusion Website at: https:Happs.fortworthtexas.2ov/Proj ectResources/ Construction Phase: CMAR shall coordinate with the PM and DVIN to ensure ongoing compliance with the Business Equity Ordinance. FOR QUESTIONS, PLEASE CONTACT THE DEPARTMENT OF DIVERSITY AND INCLUSION, BUSINESS EQUITY DIVISION BY EMAIL AT: DVIN_BEOFFICE&FORTWORTHTEXAS.GOV OR CALL (817) 392-2674. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 51 of 52 CMAR RFP (Form 4/26/22) Attachment 4 — Prequalification 1.1. All contractors and subcontractors for major elements of the Work are required to be prequalified for the work types requiring prequalification as indicated below. CMAR shall not submit a proposed GMP containing bids from contractors or subcontractors who are not prequalified if so required. Prequalification requirement work types and documentation are available by accessing BIM 360 project folder or the City's website at: https:Happs.fortworthtexas.2ov/ProjectResources/ . 1.1.1. Paving — Requirements document located at: hgps:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving% 20Contractor%2OPrequalification%2OPro gram/PREQUALIFICATION%20REQUI REMENTS%20FOR%20PAVING%2000NTRACTORS.pdf 1.1.2. Roadway and Pedestrian Lighting — Requirements document located at: hllps:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2ORoadway %20and%20Pedestrian%20Lighting%20Prequalification%20Program/STREET%20 LIGHT%20PREQUAL%20REQMNTS .pdf 1.1.3. Water and Sanitary Sewer— Requirements document located at: https:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/Water%20and%20 Sanitary%20Sewer%2OContractor%2OPrequalification%2OProgram/W S S%20prequa 1%20requirements.pdf 1.1.4. Other (if necessary): 1.2. CMAR shall prior to or concurrent with submittal of the GMP Proposal, submit to City the prequalification status of all relevant contractors or subcontractors. City of Fort Worth —Cromwell Marine Creek Road Widening Improvements Project CPN101012 Page 52 of 52 CMAR RFP (Form 4/26/22) ATTACHMENT B CMAR's Written Proposal (Response to RFP) CMAR — Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Form 03/02/22 PHOPOSAI August 11, 2022 Electronic Copy IL Ot I. C77it. PurNse.' U.h ASIRUPION,-INE, 0I I Cover Letter 02 I Forms and Certifications 03 I Proposer's Corporate Experience and Financial Stability 04 I Pricing of CMAR Services 05 I CMAR Qualifications and Experience of Key Personnel 06 I Project Approach 07 I Compliance with the Business Equity Ordinance 08 I Appendix CITY U 08TWORIR r IROMWRI MAHINE MIN Hd Tab 1: COVIH 11111H PW Al al I Ar lit r Tab L- COVE City of Fort Worth West Seventh Street Bridge lip SUNDT August 11, 2022 Alejandra Ayala, PE Project Manager Transportation and Public Works Department City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 RE: Cromwell Marine Creek Road Widening Improvements CMAR City Project No, 101012 Members of the Evaluation Committee, The City of Fort Worths decision to utilize Construction Manager at Risk {CMAR] for the Cromwell Marine Creek Road Widening Improvements project presents an opportunity to accelerate delivery of this project. Sundt Construction, Inc. (Sundt) will identify approaches that reduce traffic impacts to homeowners and business owners through phasing and sequencing optimization. We will engage the City, Burns & McDonnell and local stakeholders to reduce risk and ultimately deliver maximum value to the taxpayers. Successful CMAR projects rely on key elements such as partnering, preconstruction service experience, schedule certainty, and an open -book process. As a proven CMAR contractor, Sundt is committed to the certainty of design to meet a promised budget and construction deadlines. Our commitment extends deeper. We intend to exceed the Business Equity goal during construction by 50% and will deliver a minimum of 9% participation. Sundt has also prepared a preliminary cost model and detailed project schedule and is committing to substantial completion four months early, opening before the first Forth Worth ISD school day of 2025. Sundt also values public and workforce safety above all else. We were recognized by the Associated General Contractors of America as the safest Heavy Highway Contractor in America in 2006 and 2016. In addition to being the only contractor ever to win this award twice, we are currently among the industry leaders with a 2021 OSHA Total Incident Rate of 0.48. Sundt successfully completed the West 7th Street Bridge project in Fort Worth an an accelerated schedule and is excited for the opportunity to complete our next Forth Worth project. On behalf of the Sundt team, the undersigned fully commits to providing key staff and resources required for project success. If you have any questions or comments regarding our proposal, please do not hesitate to contact me. This proposal is valid for 90 days from August 11, 2022. Sincerely, SUNDTCON STRUCfION, INC. Joe Dooley Sr. Vice President, Texas Regional Manager Transportation Group jedooley@sundt.com 469.886.6605 0445 FREEPORT PKWY, SUITE 2491 IRVING, TX I5U63 l 4fi9.686. M / SUNDHOM t SKID. GRIT. PURPOSE."` Ta-b 2: fOHMSRND UHII ILAIMID V ■ K.- OT Cordes, io ffic Interchia meats (CMA Aw , . . . . . . . . . . . . Ago MM i- --*"kmw z�n-n E.YhibitA - Proposal Transmittals Letter TO.- City of Fort Worth, Texas FROM: Sundt Construction, Inc. (Pr•opaser's Name) FOR: Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway Submitted: August 11 , 2022 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal and Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Construction Manager -at -Risk Services including development of a Guaranteed Maximum Price Proposal and to construct the Project in accordance with the said Contract Documents. The Proposer agrees. if this Proposal is accepted, to enter into a written contract with the City of Fort Worth, Texas to furnish all items necessary to perform the Construction Manager -at -Risk Services including Pre - Construction Services and Construction Services in full and complete accordance with the reasonably intended requirements of the respective scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents, The Proposer agrees, if the Guaranteed Maximum Price Proposal is accepted, to commence with the construction of the Project completely by furnishing all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby affirms that the signatory is duly qualified and authorized to execute. this Proposal Transmittal Letter submitting the Proposer's response to the RFI' and further authorizes and hereby requests any person, finn, or corporation, if requested by the City, to ftunish any information in verification of the recitals comprising this Proposal. By the signature provided below, the signatory affirms s that the information provided herein and in this Proposal is true and correct to the best of his/her knowledge and belief. Attached hereto is authority provided by the Proposer's governing body verifying the authority of the signatory to so execute this documen By: Title: Sr. Vice President, Transportation Date: August 11, 2022 00os1s-1 ADDENDA Page 1 of 2 SECTION 00 05 15 CITY OF FORT WORTH, TEXAS ADDENDUM NO. 1 To the Specifications and Contract Documents For Cromwell Marine Creek Widening Improvements (Boat Club Road to Marine Creek Parkway) City Project No. 101012 Issued: August 3, 2022 This addendum forms a part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. This addendum includes the following: 1. Will City of Fort Worth address the "why" or respond to the proposing contractors on the procedural issue, so we know what is different? The procedural error occurred during the bid opening when the proposed fees and pricing were not read out loud. 2. With a quick read through this morning, what has changed in the RFP or the CMAR proposal requirements? Can your team highlight what has changed or what requirements are now different? There are no changes to the project. There were some minor edits to Section 3. Business Equity (M/WBE) in the Request for Proposals Construction Manager at Risk (CMAR). Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 1" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. CITY OF FORT WORTH CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 10 10 12 Reviscd July 1, 2011 RECEIPT ACKNOWLEDGED Company: Sundt Construction, Inc. END ❑F SECTION 0005 15 - 2 ADDENDA Pugs 2 of 2 Lauren Prieur Interim Director, Transportation and Public Works Alejandra Ayala, PE City Project Manager CITY OF FORT WORTH CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMLNTS CITY PROJECT NO. 10 10 12 Revised July 1, 2011 00os1s-1 ADDENDA Page 1 of 2 SECTION 00 05 15 CITY OF FORT WORTH, TEXAS ADDENDUM NO. 2 To the Specifications and Contract Documents For Cromwell Marine Creek Widening Improvements (Boat Club Road to Marine Creek Parkway) City Project No. 101012 Issued: August 3, 2022 This addendum forms a part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. This addendum includes the following: 1. Please clarify if acknowledgement of addendum from the original procurement need to be included in the current rebid proposal? The addenda from the original procurement does not need to be included. Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 2" Include a signed copy of Addendum No. 2 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 2 below could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. CITY OF FORT WORTH CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 10 10 12 Reviscd July 1, 2011 RECEIPT ACKNOWLEDGED Company: Sundt Construction, Inc. END OF SECTION 0005 15 - 2 ADDENDA Page 2 of Lauren Prieur Interim Director, Transportation and Public Works By: 4-(t. a — Aiejandra Ayala, PE City Project Manager CITY OF FORT WORTH CROMWELL MARINE CREEK ROAD WIDENING IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 10101 Z Revised July 1, 2011 E-rhihit B — Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (1 0) years. Name of Project: Hausman Road Improvements - Progressive Design -Build Location: San Antonio, TX ❑WNER's Name and Address: City of San Antonio 114 W. Commerce, 4th Floor, San Antonio, TX 78283 OWNER's Contact Person (Print): Razi Hosseini Phone/Fax No.: 1210.286.2454 Initial Contract Price: $11.31M (Design & Preconstruction); $56.9M (Construction GMP) Final Contract Price: $1 OM (Design & Preconstruction)i $56.8M (Construction) For Design Projects, Construction Cost: NIA Contract Start Date:_(Date of Notice to Proceed) 1.16.2014 Contract Time: 470 04 Calendar Days () Working Days Contract Substantial Completion Date: 5.1.2015 Actual Substantial Completion Date: 1.26.2017 If contract completion time extensions were added to the contract as a result ofFLRM's responsibilities. provide a short explanation of each. Contract time extension were added to the contract but not as a result of Sundt's responsibilities. ROW delays due to probate court and owner -directed change orders extended the contract completion time. CITY Of SAN ANTONIO HAUSMAN ROAD IMPROVEMENTS The Hausman Road Progressive Design -Build project included design, preconstruction, and construction of 33 miles of four -lane divided arterial roadway from 1-10 to Loop 1604. The project scope included five bridges; storm drain system; LID for water quality; relocation ❑f water; sewer; electrical; AT&T fiber; and gas utilities, hike and bike trails, multi -use path, curb, gutter, and sidewalk. Sundt also provided quality control, environmental permitting, archaeological and historic surveys, ROW acquisition, and public relations/information. Project Relevance • Preconstruction - Our preconstruction efforts included constructabiiity reviews of the design, value engineering options, subcontractor outreach, scheduling, and cost estimates. our preconstruction team co -located and collaborated with the designers and owner throughout preconstruction, resuIting in construction beginning within a year of design starting. • Utility Relocations - Sundt led the coordination, design and relocation of water, sewer, electrical, gas and third - party fiber optic lines. This was the first project for many of the utilities to joint -design and joint -bid their utility relocations. We used our experience and best practices to work with the utility companies to successfully relocate their utilities and reduce the overall duration of the project. • Bridge Construction - The project included construction of five multi -span bridge structures. It also included the demolition of existing bridges. • Drainage - The project included construction of drainage systems and water quality systems. Creek channels were widened to remove portions of the project area From the flood plain. • Constructability Reviews - During the design/preconstruction phase we developed numerous alternative technical concepts totaling a savings of more than `F2.8M. Two examples of our innovations are summarized below: The cross-section of the proposed roadway was modified to include a single shared -use path outside of the roadway rather than shared bike/through lanes with separated sidewalks. Our alternative concept resulted in a net savings to the project of $1 M (about 12 percent of the paving cost). More importantly, the alternate concept is safer for cyclists and pedestrians and is aligned with input received during public meetings. The centerline alignment of Hausman Road over Leon Creek was adjusted to improve construction efficiencies by allowing bridge demolition to be completed in one phase. This eliminated the need for temporary post -tensioning and night work in a residential area that resulted in a net savings of $98,000. • Environmental - This project was located in the Edwards Aquifer Recharge Area, which is an environmentally sensitive area. We developed an extensive Stormwater Pollution Prevention Plan and Water Pollution Abatement Plan to meet all requirements for work within this aquifer recharge area, Erlribit B — Statement of Experience Using the template format included below, list and describe three (.3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Name of Project: State Road 260 Thousand Trails - CMAR Location: Cottonwood, AZ OWNER's Name and Address: Arizona Department of Transportation 206 South 17th Avenue, Phoenix, AZ 85007 OWNER's Contact Person (Print): James Bramble Phone/Fax No.: 1928.499.1055 Initial Contract Price: $45.7 million Final Contract Price: $48 million For Design Projects, Construction Cost: NIA Contract Start Date:_(Date of Notice to Proceed) 2.28.2017 Contract Time: 695 00 Calendar Days ( ) Working Days Contract Substantial Completion Date: 6.30.2019 Actual Substantial Completion Date: 6.30.2019 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. The project completed on time. Budget: ADOT added a seventh roundabout, which increased the cost. ARIZONA 001 STATE BOND 260 THOUSAND THAIIS Sundt Construction, Inc. and joint venture partner Vastco completed the State Route 250 widening improvements between Cottonwood and Camp Verde, west of interstate 17 in Arizona. The project expanded eight miles of two-lane road into a four -lane divided highway. It also includes a new bridge and a multi -modal pathway from Cherry Creek Road to Interstate 17, as well as seven roundabouts. The full -access roundabout intersections were constructed at seven locations to accommodate projected future traffic demands in the Verde Valley, Additional Support Provided to the Owner • Material Selection - The project had some bad clay material that ADOT did not want under the new roadway, so we mapped and phased the excavation of that material in order to manage it and not place it in the roadway embankments. 705,000 CY of roadway excavation and project needed an additional 200,000 CY of embankment brought int❑ the project, 165,000 tons of asphalt, 13,500 feet of storm drain ranging in size from 18" to 72", 100 Each catch basins, 1 new precast girder bridge (735 Cy of structural concrete, 1,746 feet of precast type 4 girders} ■ Community Engagement - Located in a heavily -traveled multi -modal municipal roadway that served multiple residential neighborhoods and multiple businesses, a key factor to project success was community engagement. Sundt assisted ADOT in managing the public communication and information project. Eric Weston and the project team were present at public meetings, provided traffic updates, and produced project -specific marketing collateral, reports, databases, external webpage content and project photography. • Phasing -The roundabouts were built under traffic, approximately 1/3 at a time. We built small asphalt detours in order to build more in the first phase, which helped eliminate/minimize detours for the remaining phases. • Innovation -The project saw Sundt's first use of Intelligent Compaction {IQ methods, using integrated measuring, reporting, and GPS systems installed on vibratory rollers. This technology allows operators to monitor compaction in real-time, letting them know when material has obtained the required compaction on the aggregate base course (what's under the final asphalt surface layer) as well as the asphalt itself. The process allows for faster results as well as higher quality and uniformity of pavement materials, ensuring longer -lasting performance. Project Relevance • CMAR Sundt self -performed 59% of the work • Eight -miles of two-lane roadway expanded to four -lane divided highway Seven roundabouts, a new three -span bridge and a new multi -modal pathway Better traffic management and capacity to improve safety across key corridor E-Wrihit B — Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Name of Project: San Antonio River Authority San Pedro Creek Improvements - CMAR Locaticai�: San Antonio, TX DWNER's Name and Address: San Antonio River Authority 100 East Guenther St, San Antonio, TX DWNER's Contact Person (Print): Kerry Averyt, PE Phone/Fax No.: 1210.544,3446 Initial Contract Price: $64,710,876 -Phase 1.1 Final Contract Price: $55,002,328 ($9.7M in savings) - Phase 1.1 For Design Projects. Construction Cost; NIA Contract Start Date:_(Date of Notice to Proceed)11.29.2016 - Phase 1.1 Contract Time: 522 Contract Substantial Completion Date: 00 Calendar Days (} Working Days 5.5.18 - Phase 1.1 Actual Substantial Completion Date: 5.5.18 - Phase 1.1 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. NIA - Sundt delivered the project on time, SAN ANTONIO RIVER AUTHORITY SAN PEDRO CREEK IMPROVEMENTS This multi -phase and multiple GMP CMAR project in historic downtown San Antonio includes 2.2 miles of roadway demolition and reconstruction, concrete paving, extensive utility relocations, low impact development features for water quality, and multiple drainage structures to accommodate San Pedro Creek's conversion to an urban linear park as the newest attraction of the downtown area. The scope of work also included demolition and construction of eight new vehicular bridges and six new pedestrian bridges. Sundt self -performed 53% of the work. Project Relevance Preconstruction Services - The praject included collaborating with the owner, stakeholders, public officials, and the design team to provide constructability reviews, developing alternative design and construction concepts, identifying VE opportunities, providing cost estimating, including 11 work packages forming four GMPs, and numerous design alternatives, subcontractor and supplier procurement, developing and managing the risk register, developing construction phasing and the schedule, and coordinating with utility companies and stakeholders. Utility Relocations and Accommodations - Moving and replacing utilities for 12 utility companies proved a complex challenge. San Pedro Creek had existing and abandoned utilities throughout the alignment of the project —creating a puzzle that had to be solved in a way to minimize impacts to traffic and utility customers. With more than 100 concrete walls and relocation of water, sewer, storm drain, gas, eight bridges, and electric lines, it was vital to know how everything fit together. The project used a 3❑ model starting at the 70 percent construction documents. Being able to see the project in 3D, our team was able to provide a detailed schedule and plan to build the project. Through the 3D modeling, clashes were identified, meetings were held with the design team, and issues mitigated before crews were dispatched to the field optimize the owner's value, reducing risk and ensuring an accurate schedule. We successfully coordinated the design, phasing, pricing, and relocation of numerous utilities for AT&T, Spectrum, Level 3, SAWS, CPS Gas and Electric, Bexar County IT, and Co SA water and wastewater, Bridge Construction - The construction of eight vehicular bridges was phased to facilitate traffic flow and maintain operations of the existing utilities, which were mounted under the existing bridges, until they were relocated. A 3D model Was developed for each of the bridges to ensure constructability. MIWBE Goals - With no stated SIMIWBE participation goals, our team committed to a goal of 20%. The complete project is projected to exceed the 20% goal and has $46.2M in participation to date. We engaged in a mentor -protege agreement with a SIMIWBE, Davila Construction, and implemented a successful SIMIWBE plan that maximized opportunities for SIMIWBE businesses including a full-time coordinator, identifying hid opportunities, hosting outreach events three to four times a year, active participation in minority Industry associations, conducting pre - bid conferences, mentoring subcontractors for success, and using a best -value evaluation procurement process to encourage minority business participation. Exhibit C - Proposed Project Key Personnel Project Manager Organization Doing Business As Sundt Construction, Inc. Natne of Individual Eric Weston, CM -LEAN, CPC, DBIA Years of Experience as Project Manager 15 Ominimutn 15+ years experience managing similar projects of scope, preferred) Years of Experience with this organization 22 Number of similar projects as Project Manager 11 Number of similar projects in other positions 9 Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date. Hausman Road Improvement Project, D-B I $68 million $66 million 5/2015 112017 Design and reconstruction of Hausman Road from Loop 1644 to I 1O—project length approximately 3.5 Miles. ADOT SR 260 Thousand Trails, CMAR I The work $45 million $48 million 612019 6/2019 included constructing a concrete girder bridge, seven roUndabouts, concrete barriers, one new reinforced concrete box culvert and 14 reinforced concrete box culvert extensions, and other related work. ADOT SR303 Cactus, Waddell & Bell Roads Interim $28 million $27 million 2/201 1 9/2011 Interchange Improvements, CM+GC I Interim improvements to multiple interchanges along a major corridor far north -south traffic In the western areas of MaFimpa county. Name Richard Grochowski Name James Bramble Title/ Position Project Manager Title/ Position Senior Engineer, P.E. Organization City of San Antonio Organization City of Cottonwood Telephone 210-207-7640 Telephone 928-499-1055 E-mail richard.grochowskl@sanantonio.gov E-mail jbramble@cottonwoodaz.com Project Hausman Road Improvements Project ADOT SR260 Thousand Trails Candidate role Candidate role on Project Senior Project Manager on Project Senior Project Manager 17 �I1 = Name of Assignment Percent of Time Estimated Project Used for this Completion Date ADQT 1-19 ITS ❑B project in Tucson, AZ 20% Spring 2023 ADOT W. Flag TI project in Flagstaff, AZ 20% Summer 2022 Town of Gilbert, Ocotillo Rd 20% Winter 2022 Evhihit C - Proposed Project Key Personnel — Continued Construction Manager Organization Doing Business As Sundt Construction, Inc. Naive of Individual Josh Buntin , CQC Years of Experience as Project Construction 12 Manager (minimum 1 0+ years experience working with similar projects of scope preferred) Years of Experience with this organization 17 Number of similar projects as Project Construction Manageriii $ Number of similar projects in other positions 5 Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date ate Tx DOT State Highway 31 Reilef Route, D-B-131 Project $106 million $106million 10/2016 10/2016 included construction of a 14-mile long. two-lane road to reduce congestion by bui[ding a new reliever route for SH 31 along the southern outer edge or Corsicana Queen Creek Road Improvements, CMAR I Widening of $rj 8 million $6 million 12/2011 12/2011 Queen Creek Road from Val Vista Road to the East Madcopa Fioadway: included bridge deck replacement and widening (EMF Bridge). as Well as irrigation structure relocation & widening for the Roosevelt Water Conservation District, Ironwood DnvelGantzel Road Improvements. GMAR1 $77 million $64 million 4/2008 412008 Construction of 15 miles of roadway From US 60 into newly developed areas of Pinal County; included a bridge over the Central Arizona Project Aqueduct, utility relocations and extensive storm drainage (11 box culverts). Name Tony Moran Name Donald (Joe) Lanoue Title/ Position Sr. Resident Engineer Title/ Position Assistant Area Engineer Organization Atkins Global Organization TXDOT Telephone 254-447-4904 Telephone 214-980-0617 E-mail Tony.Moran@atkinsgloba1.com E-mail Donaid.Lanoue@txdot.gov Project SH 31 Relief Route Project SH 31 Relief Route Candidate role Candidate role on Project Senior Project Manager on Project Senior Project Manager Name of Assignment Percent of Time Estimated Project Used for this Completion Date Pending next assignment. NIA NIA E.rhibit C - Proposed Project Key Personnel — Continued Preconstruction Manager Organization Doing Business As Sundt Construction, Inc. Name of Individual Mike James. ❑BIA Years of Experience as Project Pre -Construction 10 Manager (minimum I G+ years experience working with similar projects of scope preferred) Years of Experience with this organization 12.5 Number of similar projects as Project Pre - Construction Manager Number of similar projects in other positions iiiiii 9 Initial Final I Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date T)atv A.DOT SR 26D Thousand Trails. CMAR 1 The work included cansl ucbng a concrete girder bridge, seven roundahouts, $4.5 million $48 million 5�2Q19 fi�2Q1 concrete barriers. one new reinforced concrete box culvert and 14 reinforced concrete box cuNarl extensions, and other related work. ADOT Ina Road Interchange Improvements, CMAR Aemovai $124 million $118 million 1 Zl201 1212Q1 g of three bridges and construction of four new bridges including a structure over a UP RR alignment, a phased brtdge over 1-10 and two new bridges within the Santa Crux River. Ironwood OnvelGoatzelRoad Improvements. CMAR iVonstruclionof 15 miles of roadway from US 60 Into neWly devproped areas of Plne1 ��� million �� million 4�2Q $ ��24{7$ County; included a bridge over the Central Anzona Project Aqueduct, utility relocations and extensive storm drainage It t box culverts) I M Name Dave Leistiko Name Sara Howard Title/ Position Engineer Title/ Position Resident Engineer Organization Kimsey -Horn and Associates, Inc Organization ADOT Telephone 480.231.9259 Telephone 602.478.8074 E-mail dave.leistiko[3a kimley-horn.com E-mail showard@azdot.gov P roj ect Ina Road Traffic intarchange & Santa Crux River $ridges Project Ina Road Traffic Inle rchange & Sania Crux River Bridges Candidate role Candidate role on Project Preconstruction on Project Preconstruction Name of Assignment Percent of Time Estimated Project Used for this Completion Date Supporting Preconstruction staff 100% WIII re -allocate lime to this project if selected Exhibit C - Proposed Project Key Personnel — Continued Project Engineer (Kev IndividualfPosition as determined by Proposer) Organization Doing Business As Sundt Construction, Inc. Name of Individual Tarnmam Nashad, PMP Years of Experience 10 Years of Experience with this organization 1 Number of similar projects 2 Number of similar projects in other positions 4 Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion Date Date A public -private -partnership, Design -Build 1-4 Ultimate $2.3 Billion $2.3 Billion 12/2022 2/2022 project in Orlando, Florida- The project reconstructs 21 miles of Interstate 4 between Kirkman Read and State Road 434, replaces existing interchanges, and adds four managed variable toll lanes in the center of the highway Lake Ralph Hall Progressive Resign Build The project $94 Million $94 Million 02/2023 Work performed components include the design and construction of while at previous approximately three (3) Was of Slate Highway 34 (SH 34) relocation, Design and constructed a realigned segment of firm, project FM 1550- currently ongoing 1-820 Locp,project Improvements Include reconstructfng $175 Million TSD 04/2024 Work performed the existing roadway and access ramps. builds additional while at previous lanes In each direction, replaces the Trinity River Bridges, and creates new direct connectors to and from SH 121. firm, project P 1 currently ongoing Name Edward Motley, P.E. Name Shri Eathalapaka. PE, PMP, CM Title/ Position Program Manager Title/ Position Region CEI Manager Organization Upper Trinity Regional Water Dis Organization LJA Engineering Telephone 972-757-4502 Telephone 214-709-8338 E-mail emotleyi@utrwd.com E-mail seathalapakai@lja.com Project Lake Ralph Hail Project 1-820 Loop Candidate role Candidate tole on Project Sr. Project Engineer on Project Sr- Project Engineer Name of Assignment Percent of Time Estimated Project Used for this Completion Date Windhaven PKWY at KCS Railrod 50% 11/2023 Erhihit C - Proposed Project Key Personnel — Continued Precon, MOT/Utility Manager (Kev IndividuallPosition as determined by Proposer) Organization Doing Business As Sundt Construction, Inc. Name of Individual Mick Shumate, CQM Years of Experience 12 Years of Experience with this organization 1 Number of similar projects 5 Number of similar projects in other positions 13 Initial Final Initial Actual Project Name and Descx'iption Contract Contract Contract Contract Price price Completion Completion Date T)ntf. Lewisville Lake Dam Safety Modifications, DB91 Change scope description: "Roadway removal, lime stabilization, earthwork. traffic management, asphalt $40 million $40 million 10/2021 10/2021 paving, utility relocations, 36" & 42" City of Lewisville waterline and waterline vault installation. ❑FW Connector, Design -Build 1 The project scope included the development, design and construction of the 8.4-mile initial phase of $1.2 billion $1.2 billion 812021 812021 the ultimate 14.4-mile project. Sly 183 Midtown Express, Design -Build 1 The project required the construction of $841 million roadways, drainage facilities, sound harriers, $841 million 1212018 12/2018 structures, and other elements Name Shari Brandt, P.E. Name Patrick Gibbons, P.E. Title/ Position Administrative Contracting Officer Title/ Position Lead Designer Organization USACE Organization Parsons Corporation Telephone 520-360-3990 Telephone 48-416-2108 E-mail Shari..f.Brandt@USACE.Army. Mill E-mail Patrick.Gibbons@Parsons.com Project Lewisville Dam Safety Modificatior project SH 183 Midtown Express Candidate role Candidate role Precon MOT Lead/MOT & Project Engineer on Project on Project Roadway Project Engineer Name of Assignment Percent of Time Estimated Project Used for this Completion Date Supports various projects as estimator 100% will re -allocate time to this project if selected Exhibit D - Exceptions to Agreement (see Attachment 2) Comment Number Location in CMAR Agreement Exception and Rationale Suggested Alternate language 5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED I-N- W+iGL-E-O-R IN PART BY ANY ACT, OM1551ON OR NEGLIGENCE ON THE PART just like the City should OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, not be responsible LICENSEESOR INVITEES OF CITY, CMAR's obligations for Sundt's sole or under this section do not apply to the extent that the General Conditions concurrent negligence, above referenced claim is caused by the negligence or 1 Article 5.01 Sundt should not be willful misconduct of any indemnified parry, including responsible for the but not limited to the City. CMAR LIKEWISE COVENANTS City's sole or concurrent AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND negligence. HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, ❑R DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN-W*l-GL-E flR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. CMAR's obligations under this section do not apply to the extent that the above referenced injury, loss or damage is caused by the negligence or willful misconduct of any indemnified party, including but not limited to the City. THE 4NTENT OF T} -IS- PARAGRA IR E-CVARi-GAND—E "+F`--TH-E- CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE, Current agreement does Owner and Contractor agree to waive all claims against not include mutual each other for any consequential damages that may arise waiver of consequential out of or relate to this Agreement. Owner agrees to waive damages, request to damages including but not limited to Owners loss of include. This is a risk use of the Project, any rental expenses incurred, loss of where there is no income, profit or financing related to the Project, as well 2 N/A commercially available as the loss of business, loss of financing, principal office insurance for. This overhead and expenses, loss of profits not related to this would require the Project, or loss of reputation. Contractor agrees to waive CMAR to carry excessive damages including but not limited to loss of business, contingency dollars for loss of financing, principal office overhead and expenses, this work, loss of profits not related to this Project, loss of bonding capacity or loss of reputation. Exhibil E — Conflict of Interest Questionnaire 0035 13 CONFLICT of INTEREST AFFIDAVIT Page I of I SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercises discretion in the planning. recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. hfts://www.ethics.state.tx.us/data/forms/conflict/CIQ.vdf httns://www.ethics.state.tx.us/data/forms/confict/CIS.ndf ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City ❑ Secretary CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Sundt Construction, Inc. Company 8445 Freeport Parkway, Suite 240 Address Irving, TX 75063 City/State/zip By. Joe Dooley Signature: Title: Sr. Vice President, Transportation END OF SECTION (Please Print) CONFLICT OF INTEREST QUESTIONNAIRE FORM C1Q For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapler 176, Local Govornment Code, by a vendor who has a business relationship as defined by Section 176-001(1-a) with a local governmental entity and the ooze s s t vendor meets requirements under Section 176.00fi(ay. `ram v l By taw this questionnaire must be filed with the records adm in ist r ate r of the local governmental entity not later than the 71h business day after the date the vendor becomes aware of facts that require the statement to be f'ECEIVED filed. See Section 176- 06(a-1 ), Local Government Code- F 212Q2o A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An M OF FORT WORTH offense under this section Is a misdemeanor. CRY SECRETARY .!J Name of vendor who has a business relationship with local governmental entity. $ SUndt Co nstrU Cti011, Inc. ❑ Check this box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information Is being disclosed. NIA Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as descrlbed by Section 176.003(a){2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relatlonship described. Attach additional pages to this Form C143 as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? El Yes El No B- is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income Is not received from the local governmental entity? Yes E] No 5 Describe each employment or business relationship that the vendor named In Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or dircclor, or holds an ownership interest of one percent or more. 6 ❑Check this box If the vendor has given the local govemment officer or a family member of the officer one or more gifts as described in Section f 76.003(a)(2)(B), excluding gifts described in Section 176.003(a-1 ). 7 el- I Z��u� Signature of vendor doing business with the governmental entity ate Form provided by Texas Ethics Commission www-ethics-state.tx.us Revised 11 W1201 5 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe fouridalhLtpJ/www.statutes,legis-sia(e,lx us/ Qocs/LGlhtm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code & 176.0010 -a): "Business relationship" means a connection between two or more parties based on commercial aclivlty of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal. stale, or local governmental entity or an agency of a federal, state, or local governmental entity; (Bj a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.0031aj(2){A) and (B)_ (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: .k+ (2) the vendor; (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware chat; (1) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code 9176.006(a) and {ate (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of theofficer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Exhibit F — Client Reference Form Project Name: Hausman Road Improvements Owner's Name. City of San Antonio Owner Contact's Phone Number: 210.286.2454 Owner's Contact Name & Title: Razi Hosseini, Director/City Engineer of the Public Works Department Type of Contract (Design/Bid/Build, Progressive Design -Build Design/Build, CM at Risk, etc.J E n g i n cer/Arch i to c tlCo n strtic t i on AECOM (formerly URS) Manager's Name: Engineer/Architect/Construction 214.263.4763 Manager's Phone Number: En g i n eerlArch i to c tlConstruc t i on Aaron Flautt, Senior Vice President, Alternative Delivery Manager's Contact Name & Title: Original Contract Value 1 GMP of $11.3M (Design &Preconstruction); $56.9M (Construction GMP) Project: Cost Savings Identified: Shared Use Path ATC = $1 M savings; Bridge Alignment ATC = $98k savings Final Contract Value of Project. $10M (Design & Preconstruction); $56.8M (Construction) Project Description: The Hausman Road Progressive Design -Build project included design, preconstruction, and construction of 3.5 miles of four -lane divided arterial roadway from 1-10 to Loop 1604. The project scope included five bridges, storm drain system, LID for water quality, relocation of wafer, sewer, electrical, AT&T fiber, and gas utilities, hike and bike trails, multi -use path, curb, gutter, and sidewalk. Our services also included quality control, environmental permitting, archaeological and historic surveys, ROW acquisition, and public relationslinformation. We incorporated two Bexar County road projects on Hausman Road at two different stages of design and all public utilities work along the roadway under a single Design -Build contract. Instead of several construction schedules, phasing, detours and inconvenience, there was one seamless approach by the Design -Build team. This compressed approximately six years of construction into just three years. Original Project Duration: 470 days Original Project Completion Date: 15.1.2015 Actual Project Completion Date: 11.26,2017 Explanation for later project completion date or contract value Overrun, if applicable: Contract time extension were added to the contract but not as a result of Sundt's responsibilities. ROW delays due to probate court and owner directed change orders extended the contract completion time. List Major Subcontractor's; names, contact phone numbers AECOM (formerly URS) 530-740-1783 Bartek Construction 210-648-4780 AAA Landscape 602-437-2690 A2 Rebar 361-993-1869 Badeco Inc. 210-299-4714 Beaird ❑rilling Services 512-782-8832 CGC General Contractors Inc, 210-733-3600 Geosource Inc. 830-438-8522 HI Chapman Pipeline Construction, Inc. 512-259-7662 Highway Infrastructure Safety Service 210-265-1429 Presidi❑ Contracting LLC 210-826-5432 Raba-Kistner Consultants Inc. 915-778-5233 Austin Materials LLC 210-531-0200 Roadway Specialties 512-280-6666 Saeco Electric & Utility Ltd 210-695-4526 Shelton & Shelton Plumbing LP 254-699-2115 Exhibit F— Client Reference Form Project Name: State Road 260 Thousand Trails Owner's Name: Arizona Department of Transportation Owner Contact's Phone Number: 928.499.1055 Owner's Contact Name & Title: James Bramble, Sr. Resident Engineer Type of Contract [Design/Bid/Build, CMAR Design/Build, CM at Risk, etc.j E n g i n cer/Arch i to c t/Co n strtic t i on Stanley Consultants Manager's Name: Engineer/Architect/Construction 602 333.2200 Manager's Phone Number: Engineer/Arch i to c t/Construction Mike Chase, Architect Manager's Contact Name & Title: Original Contract Value 1 GMP of $45, 704,162 Project: Cost Savings Identified: NIA Final Contract Value of Project. $48,251,376 Project Description: Sundt Construction, Inc. and joint venture partner Vastco recently completed the State Route 260 widening improvements between Cottonwood and Camp Verde west of Interstate 17 in Arizona. The project expanded eight miles of two-lane road into a four -lane divided highway. It also includes a new bridge and a multi -modal pathway from Cherry Creek Road to Interstate 17, as well as seven roundabouts. The full -access roundabout intersections were constructed at seven locations to accommodate projected future traffic demands in the Verde Valley. "With the Verde Valley's recent growth, this key stretch of State Route 260 had become too congested," said Sundt Project Manager Eric Weston. "With the changes made, driving conditions will improve for those traveling on this stretch." Original Project Duration: 695 days Original Project Completion Date: 6.2019 Actual Project Completion Date: 6.2019 Explanation for later project completion date or contract value overrun, if applicable: The project completed on time. List Major Subcontractor's; names, contact phone numbers A -Core Concrete Cutting Inc, 801-261-5552 Kimbrell Electric Inc, 602-265-2111 CIVIC Steel Fabricators Inc, 480-963-1424 Oldcastle Precast Inc, 480-963-2678 Pavement Marking Inc, 480-598-0872 Mardian Concrete Pumping Co, 602-272-2671 Cemex Construction Materials South LLC, 928-243-4100 Combs Construction, 602-237-4029 Exhibit F— Client Reference Form Project Name: San Pedro Creek Improvements Owner's Name: San Antonio River Authority Owner Contact's Phone Number: 210.544.3446 Owner's Contact Name & Title: Kerry Averyt, P.E. Type of Contract (Design/Bid/Build, CMAR Design/Build, CM at Risk, etc.) Engineer/Architect/Construction HDR Engineering Manager's Name: Engineer/Arch i tect/C on st ruct io n 210.302.3633 Manager's Phone Number: Engineer/Architect/Construction Chad Zimmerman Manager's Contact Name & Title: Original Contract Value 1 GMP of $64,710,876 -Phase 1.1 Project: Cost Savings Identified: $9.7 Million - Phase 1.1 Final Contract Value of Project: $55,002,328 - Phase 1.1 Project Description: This multi -phase and multiple GMP CMAR project in historic downtown San Antonio includes 2.2 miles of roadway demolition and reconstruction, concrete paving, extensive utility relocations, low impact development features for water quality, and multiple drainage structures to accommodate San Pedro Creek's conversion to an urban linear park as the newest attraction of the downtown area. The scope of work also included demolition and construction of eight new vehicular bridges and six new pedestrian bridges. Sundt self -performed 53% of the work. Sundt used a 3D model starting at the 70 percent design documents. With more than 100 concrete walls and relocation of water, sewer, storm drain, gas, and electric lines, it was vital to ]snow how everything fit together. Through the 3D model, we identified clashes, held meetings with the design team, and mitigated issues before crews were dispatched to the field, optimizing the owner's value, reducing risk, and ensuring an accurate schedule. Original Project Duration: 16 months Original Project Completion Date: 15.5.18 for Phase 1.1 Actual Project Completion Date: 15.5.18 for Phase 1.1 Explanation for later project completion date or contract value overrun, if applicable: The original Phase of the project was completed on time and returned $8,000,000 of unused allowances to the owner to be used on future phases. The first phase was so successful the owner elected to extend the contract to include an additional phase of work. List Major Subcontractor's; names, contact phone numbers AH Beck -Nathan Leyendecker VP 210-842-2374 Alterman -Carl Koenning PM 210-496-6888 Bartek-Casey Bartek VP 210-648-4780 D Guerra- Eric Wolff VP 512-563-2041 Patriot Erectors -Katie Williams PM 512-858-9100 Ramroc Construction -Joe Ramirez II Pres 210-226-4828 The Brandt Companies- Tim Wheeler PM 210-896-0049 Hayward Baker -Marty Schantz Div.Mgr 972-294-5000 Per Addenda 3, Exhibits G, J and K are for Proposers information only therefore are not included in this section response. Sundt acknowledges receipt. Per Addenda 3, Exhibit I shall only be included in Section 4-Pricing of CMAR Services therefore is not included in this section. Exhibit H— Safety History Table 2019 2020 2021 A Total Number of Field Man -Hours 5,091,170 3,951,459 3,331,113 Number of Recordable Incidents with no lost time $ accidents 10 2 5 7 1 C Number of Recordable Incidents with lost time 0 accidents Total Recordable Incident Rate (TRIR) D (B+Q x (200,000)1 A 0,47 0.25 0.48 E Number of Fatalities 0 0 0 F Published Experience Modification Rate (EMR) 0.61 0.66 0.58 Provide documentation as an appendix 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. L7 Lovitt &Touche July 1, 2022 City of Fort Worth Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 GArthur). Gallagher & Co. RE: Cromwell Marine Creek Road Widening Improvements Project CPN101012 Insured: Sundt Construction, Inc. Workers' Compensation Experience Modification Rate History -- 5 year NCCI Dear Representative: Lovitt and Touche. the insurance broker for Sundt Construction, Inc., confirms Sundt's Experience Modification Rate history is as follows: YRINCCI EMOD 2021 - .58 2020 - .66 2019 - .61 2018 - .60 2017 - .61 Sincerely, igl�-a 6t�i Christine Prentice Client Executive Experience Modifier Effective Date 101112021 — 10/1/2022 10/1/2020 — 1 a1112021 10/1/2019 — 10/1/2020 10/1/2018 — 10/1/2019 101.112017—101112018 1050 W. Washington St, Suite 233, Tempe, AZ 85281 Phone 800/426-2756 P 0 Box 64985, Phoenix, AZ 85082 Fax 520/722-7245 N 7nA 3: PHOPOSIB'S COHPOHATI EXPERIENCE & IINANCIAI STABI[ITY ADOT 1-10 Ina" Rba 1 • o n a • • • • • • 71 ■ 7,9 Imp, R i :,,�77 euux ,l Igo SIR,' 16 •j 40 All V Aim,, 'p •�►� � N 15 I i' ��� �� n ■ A I r io- r G3: i lflpl-os PERIE tR DRATI CE & FINANCIAL "Sundt is the `Best in Glass' in the industry. Sundt is the model of how a GAIIAR project should go. Sundt proactively and effectively managed our cost during pre -construction. This is definitely one of the areas Sundt excelled in. They were vigilant at making sure all of our project costs met the needs of our organization and its parameters Sara Howard, Resident Engineer - ADQT, Ina Road Interchange Project HIM1,1181111fil m a e � P�OJECIS - cc � o E ` ADOT SR 260 Thousand Trails* City of San Antonio Hausman Road Improvements* PinaI County AZ Ironwood,Gantzel Multi -Phased Roadway Improvement* San Antonio River Authority San Pedro Creek Culture Park Town of Gilbert AZ Queen Creek Road Improvements* ADOT Ina Road Traffic Interchange ADOT Hwy 303 Interim Interchange Improvements ADOT Cordes Junction Traffic Interchange Improvements City of Phoenix Zone 3D4A Water Transmission Main TxDOT West 7th Street Bridge TxDOT State Hwy 31 Relief Route in Corsicana ADOT SR 101 L HOV - 1-1 D to Tatum Blvd. City of Lewisville TX Windhaven Parkway aL KCS Railroad City of San Antonio Zona Cultural City of San Antonio Broadway Street Reconstruction CTRMA US 183 Barth oz o © a o o = - SEEF PERFORMANCE WOMB`� a w g _ x `� r� � d - _ _ a29 Sundt is Capable of Self -Performing Sundt intends to Self Perform TAB 3 I PHUPOSEB'S EDRPOBAll EXPEBIINCE AND fINAN11AI STAB I[ITY RELEVANT PROJECTS HAUSMAN ROAD IMPHOVIMINTS 1 SAN ANTONIO,TX Progressive Design -Build 1 This was the City of San Antonio's first Progressive Design -Build (PDB) transportation project. PDB is an identical delivery model to CMAR, except the design engineer has a contractual relationship with the contractor. Sundt, with project manager Eric Weston as the lead, widened 3.4 miles of existing arterial roadway from two to four lanes, added a center turn lane, and constructed five new bridges. The scope of work also included extensive utility relocations including water, sewer, storm sewer, electrical, AT&T fiber, and gas. Major road rehabilitation and expansion included earthwork, paving and sidewalk improvements. IHONWOOO-GANTZEL ROADWAY IMPROVEMENTS 1 APACHE JUNCTION, AZ CMAR 1 As the Construction Manager, josh managed all work crews to reconstruct 15 miles of roadway, a bridge over the Central Arizona Project canal, perform utility relocations and install 11 box culverts for storm drainage. Under his direction, Sundt self -performed 56% of the work, logged over 211,660 manhours without a recordable accident or lost time injury, and was completed 160 days early.Iosh helped to develop an action item list for each sequence of work and collaborated with the owner and engineer to optimize phasing. This allowed crews to work in multiple areas concurrently and shortened the duration of several key milestones. ADOT SH 260 THOUSAND THAIIS 1 COTTONWOOD, AT CMAR 1 Project Manager Eric Weston coordinated the Sundt team to reconstruct eight miles of an existing two-lane arterial roadway into a four -lane divided configuration extending east to the 1-17 Interchange. The project replaced the existing Cherry Creek Bridge and built a new multi -modal pathway from Cherry Creek Road to I-17. The work included constructing seven roundabouts, earthwork, aggregate base, asphaltic concrete pavement, bridge construction, drainage improvements, curb and gutter, sidewalk and other related work. OUEEN CREEK ROAD IMPHOVEMENTS I QUEEN CREEK, AZ CMAR 1 josh led the preconstruct1on and construction services phases to widen Queen Creek Road for 1.6 miles to meet arterial standards, including bridge replacement and widening, four through traffic lanes, striped medians, bike lanes, sidewalks, utility relocations, and landscpaping. Constructability optimizations included re -phasing the bridge caissons to be completed at the same time, allowing for concurrent substructure and leading to substantial completion two months early. The work required a complete road closure and a tight timeline for box culvert construction. josh and the project team used precast box segments and closure pours to accomplish this in just four days. 21 SHOT 1 PROPOSAL PH0POM'S CORPOIIAlI [HP[HI[NC[ AND 11NANIlk STAR 11]1Y 11A$ O CMAR PRECONSTRUCTION SERVICES EXPERIENCE One of the greatest attributes of the CMAR process is the benefit of proactive project planningthrough professional preconstruction services. As a professional CMAR contractor, we see our ultimate responsibility as fostering a balance between the project budget, functional and operational goals, and schedule and quality goals. Sundt's overall collaborative attitude and common -goal philosophy are vital to achieving this project balance, but In the daily practice of performing preconstruction services, it is the authenticity of our professionally developed preconstruction tools that will truly benefit the Cromwell Marine Creek project. Sundt's preconstruction tools are designed to provide well organized, timely information so that the project team can make proactive, informed decisions that will support the desired project goal balance. Desi;�rr Engineers A collaborative relationship among the owner, designer and stakeholders begins with establishing a common set of goals, sharing responsibility for obtaining them, and working together to achieve the goals. Sundt recommends this being accomplished with a formal partnering session attended by the City, Burns & McDonnell, and Sundt prior to beginning the preconstruction phase. During preconstruction, Sundt will maintain a project -first approach and carry this practice through construction. Regular contact is maintained through purposeful meetings during the life of the project. Frequent, informal communication is encouraged through telephone calls, email, and in -person meetings. This transparency has proven to be essential in providing an exchange of information while ensuring effective conflict resolution. On Sundt's completed Hausman Road project for the City of San Antonio, Eric Weston received buy in from the City and AECOM to co -locate key staff with Sundt personnel, This was a first for the City but produced highly successful results as evidenced by the fast and efficient design -reviews, engaged partnership between the designers and City reviewers, and allowed for constant constructability reviews throughout the design process. Conslruclabilily Reviews In addition to providing you with the predictable costs you expect in preconstruction, we know the results will only be as good as the information the subcontractors will be building from. You will receive the best possible price when the information is clear and straightforward, and the subcontracting market feels they don't need to bid the project with excessive amounts of contingency to cover their risk. Although these reviews occur during the preconstruction phase, the review process is supported by the operations team. This overlap is essential to ensure a smooth transition from pre -construction to construction and guarantees the team responsible for building the project will hit the ground running. Another benefit of constructability reviews is when cost and schedule savings are realized. josh Bunting will use his previous experience as superintendent and 1 or project manager on Four of Sundt CMAR projects to drive the constructability reviews and bring cost and schedule savings to the project. On Josh's Queen Creek CMAR project he proposed alternate methods to building the large box culvert and resequenced the bridge foundation installation, resulting in savings being returned to the owner and the project reaching completion 2 months ahead of schedule. Cost F.slitnales Among Sundt's most important preconstruction services responsibilities are estimating and budget management- As soon as we become involved with the project, we will endeavor to clearly understand the overall scope, goals, and objectives. We will then begin producing cost models which include a line - item based cost analysis of every component of the project. These detailed cost models are ❑rganized using the Systems Format for a seamless level of understanding between Sundt and the engineer. Lead Estimator, Jeff Grigsby, will lead all pricing efforts, having performed the same role on multiple CMAR projects as well successful bids for the City of Fort Worth Museum Place Infrastructure and the City of Dallas Arts District Utility Rehab. N#ecl Scheduling We use Primavera@ Pb software to meet the scheduling requirements on all of our projects. We have found that P5 is a highly effective planning tool for the entire design and construction team. The software Is very versatile and gives us the most flexibility on format, organization and updating capabilities. Our proposed project management personnel have all received formal training on Primavera@ P6 software, and each individual proposed on the project has many years of on-the- job experience creating, maintaining, and updating project schedules, Omar Fernandez has been identified as the lead scheduler and will utilize his 27 years of experience on civil projects in Texas to provide certainty to the City our schedule is accurate GAIP DeaelopmenI Out of 25 horizontal CMAR projects, Sundt has never failed to negotiate a GMP with an owner. in fact, Mike james' estimating staff has provided up to seven GMP's on a single CMAR contract. Sundt is poised and ready to prepare single or multiple GMP's to the City of Fort Worth. IJ IY OF 01 WOM I CHMELL MAR1Nf ERffK RR 1 3 0 r Tab a: PRICING Of CMAH SIHVICIS IIOn behal o the Fourth Avenue Merchants Association FAMA , I mould ff like to express our extreme satisfaction with Sundt Corporation while they constructed the new Ph Avenue Underpass. They managed a very invasive project in a manner that minimized the disruption of the surrounding merchants and neighborhoods We found their personnel to be good communicators and sensitive to the concerns of the impacted community. We would highly recommend and support Sundt Corporation for any public works project to be conducted in the City Center and specifically on 41h Avenue, John Sedwick, Executive Director, Fourth Avenue Merchants Association, 4th Avenue Underpass Project E.rhihit I — Construction Budget and Fee Proposals Construction Budget The City's Construction Budget 1 $24,100,000.00 CMAR Fee Proposal Pre -Construction Phase Cost (Paid from other Project funds): Minimum Amount (required) $ 20,000.00 Additional Amount if any, cannot be negative) $100,000.00 Total Pre -Construction Phase Cost $120,000.00 Construction Phase Fee: (expressed as a percentage of cost of Work; will be incorporated into GMP) 5.75 % Percentage of Shared CMAR Contingency (if any) 0 % Percentage of Shared Savings (if any) 0 % refer to Attachment 2, Agreement, Articles 2.D and 2.E) Note: Only the Total Pre -Construction Phase Cost and Construction Phase Fee percentage will be read publicly at the time the RFP is opened. Project Manages 520 $160,74 $83,585.76 Constructlon Manager 240 $154.60 $37,103.56 Preconstruction Manager 144 $21 1.51 No Charge Preconstruction MOT/Utility Manager 696 $126.55 No Charge Chief Estimator 560 $184,87 No Charge Senior Estimators 504 $130,11 No Charge Estimators 784 $100.50 No Charge Scheduler 576 $120.85 No Charge Quality Manager 80 5119,01 No Charge Estimated Labor Hours 4,104 Labor Cost $120,689.31 Proposed Schedule Incentives Sundt comrnits to substantially complete the project by August 41h 2025, over four months ahead of srt+edule. this guarantees the project will be open prior to school starting in August of 2025. We will impose a self-inflicted penalty of $1,250 per day, payable to the City of Fart Worth, for each tray beyond August 4th 2025 until substantial completion is received, We also request that the City consider incentivIzing Sundt to complete the project earlier than the proposed August 4th 2025 date by paying a Bonus of $1,250 for each day substantial completion is achieved earlier than this date. The August ,fth 2025 substantO coinplehon date is predicated upon right -al -way accjuisltion being Complete m May 2023 and franchise utilities being complete in December 2023, per the UP as well as scope and quantities being similar. SllNUI 1 PHIJITSAI. zf � 4 v C�MAH GUA1111CATIONS ---- -- ERPEflIEN110 F XEY San Antonio River Authority San Ped (CMAR) _• PIR— ISundt's Preconstruction team works with our design team seamlessly to evaluate every step of the design and provides value engineering ideas, constructability reviews and material selections to to minimize design rework maximize value to the project, andprovide the highest quality product to all stakeholders Suzanne B, Scott, Genera! Manager,San Antonio River Authority, San Pedro Creek CMAR Tab 5 GUA1111CATIONS AND EXPEHIENCE Of KEY PERSONNEL We have selected key personnel who have demonstrated experience providing the Preconstruction and Construction Phase services that will be required. Each of these individuals will be dedicated to and available for the performance of this project. Detailed resumes which include their roles and major responsibilities and their experience with both CMAR and non-CMAR projects are included in Tab Z: Forms and Certifications. The table below shows our team members' experience together on recent projects as well as their experience with the CMAR delivery method and other similar features to the Cromwell Marine Creek Road project. JOSH BUNTING, Construction Manager J J ,1 ,I J J ,! J Our key personnel have extensive experience working with Burns & McDonnell on previous Projects. CITY qE [URI WORTH I CRRMINEEE MARINE CREEK RQ J 4 IA8 5 I CMAR OOAIIHEATIONS ARO UP[H ff Of UY RRSOUR 0ganization Chart JUNO I I a� Director of Safely I I " Key Personnel cdlESiRwioh I Preconstruction - 7 5 % 7S% ?7% 20% 25% 100% 33% 100% 75% 10% 0% 0% 045 100% ot% 100% Commitment As your CMAR partner, we understand the importance of developing relationships and trust throughout a project, Our team is committed to delivering a successful project from the initial planning, through construction and final completion. The team that we have put forward in this proposal is dedicated and available for the performance of the project. Constritction f I ■ Manager ■uity f ■ HHN SCHIP i I A,ssisto PASCAM CHUM i i I Strurt+lies MUM NASHA Project FrWmeer- Sundt's Value to the City 450+ 85% CMAR Projects of Current Bocklog is Totaling S 108+ Alternate Project Delivery Method 25+ 100% Roadway CMAR Projects Successful GMP Completed Attainn)en t on CMAR Projects 200+ 1,01 M+ Mu n icipa I Projec ts Self -Performed Manhours Completed Per Year Sundt's extensive experience in project delivery such as; value engineering, constructability reviews, value analysis and best practices in construction delivery methods (design/bidllbulld, construction management at risk and design -build) and associated Preconstruction Services has led to our history of success. Throughout this proposal it will be evident our company and our hand-picked team will bring peace of mind to the City of Fort Worth on the delivery of this project, 5 I SHUT 1 PRHPOSU Key Personnel Eric Weston brings experience as a lead estimator and project manager and understands the value of planning for construction in the design phase. This unique cradle -to -grave experience has strengthened his 25 years of experience in the heavy civil construction industry. Eric was specifically selected for this important role based on his CMAR experience required to manage a complex MOT phasing to maintain traffic and business access, close coordination with surrounding municipalities, and scheduling around private utility relocations which brings value to the City of Fort Worth. Responsibilities for Cromwell Marine Creek Road: Eric will serve as the City's the single point of contact throughout preconstruction and construction. He has completed multiple CMAR, design -build and traditional roadway projects, including arterial roadways with franchise utility, traffic and stakeholder coordination challenges. ❑uring Preconstruction: Eric will lead our onsite and added value staff (see Appendix) in coordinating with the City, Burns & McDonnell, and stakeholders to develop solutions that meet project needs. During Construction: Eric be responsible for project quality, timeliness, and all contractual matters and project controls. He will ensure the project is properly resourced with staff, craft, and equipment resources to meet production schedules. He also continue to be a consistent presence at all progress update meetings. Comparable Projects: SR 260 Thousand Trails CMAR j Project Manager. Eric led the preconstruction and construction teams to build reconstruct an existing two-lane arterial roadway into a four -lame divided configuration. The scope of work included concrete girder bridge, seven roundabouts, concrete barriers, one new reinforced concrete box culvert and 14 reinforced concrete box culvert extensions. The roundabouts were built under live traffic, approximately 113 at a time, outside, middle. Small asphalt detours were constructed in the first phase to benefit traffic levels of service in subsequent phases - Ha usm a n Road Improvements P D B I Project Manager. For the City of San Antonio's first progressive design -build (PDB), Eric was responsible for the overall performance during preconstruction and construction, PDB is almost an identical delivery method to CMAR, except the lead designer has a contract directly with the builder instead of the project owner. The project expanded and reconstructed 3.4 miles of two-lane arterial roadway connecting two major highways, Including Five new bridges. Preconstruction efforts led to a net savings of 12°/a for paving costs. Stakeholder concerns at the initial Scop1ng Session resulted in an alignment adjustment of Hausman Road over Leon Creek. This also increased construction efficiencies by allowing bridge demolition to be completed in one phase, eliminating the need for night worst in a residential area. Additional Experience CMAR - ADOT SR 303 Highway - Cactus, Waddell & Bell • CMAR - City of Flagstaff Railroad Overpass Design -Build - US 50 Superstition Freeway Widening 111Y OF [ORI Mlk I CR6MM11[ MAR If VIIN HE l 6 Responsibilities for Cromwell Marine Creek Road: josh will act as the onsite Construction Manager and Safety lead, responsible for all day-to-day construction operations including subcontractor management, lash has extensive experience coordinating with municipal roadway MOT and commuters during construction. He has worked on six alternate delivery projects, including fourCMAR projects, and understands the value of planning for construction during the design phase. His experience has included scheduling, estimating, value engineering and managing field work an municipal roadway construction projects that include sewer and water lines, complex utility relocations, traffic control and stakeholder communication. During Preconstruction: josh will work with our onsite and added value staff (see Appendix) in coordinating with the City, Burns & McDonnell, and stakeholders to develop a schedule that details optimizes traffic phasing and acceleration opportunities. He will validate the value engineering scenarios during constructability reviews and confirm the means and methods for GMP development. This creates cost certainty, Identifies early construction enabling work, and budgets contingency for City reimbursement, During Construction: Josh will be responsible for daily construction work planning and executian, Including Task Hazard Assessments and implementation of the corporate and project specific safety plan. Comparable Projects: Queen Creek (toad Improvements CMAR I Project Manager. Josh led the preconstruction and construction services phases to widen of Queen Creek Road, including bridge deck replacement and widening and irrigation structure relocation and widening. Constructability optimizations included re -phasing the bridge caissons to be completed at the same time, allowing for concurrent substructure and leading to substantial completion two months early. The work required a complete road closure and a tight timeline for box culvert construction- lash and the project team used precast box segments and closure pours to accomplish this in Just four days. SH-31 Corsicana Relief Route DBB I Project Manager. josh led the onsite Sundt team to construct this 14-mile long, two-lane road to reduce congestion by building a new arterial roadway reliever route for SH- 31 along the southern outer edge of Corsicana, 5urndt's scope included constructing a total of nine bridges, precast drainage structures and 87,540-5quare-years of concrete pavement. MOT coordination was required with local school districts and businesses t❑ optimize detour routes, reduce closures and communicate traffic .shifts in advance of their implementation. Additional Experience • CMAR - City of Glendale 57th Avenue Improvements Design -Bid -Build - TXDOT U5 87 Relief Route Big • CMAR - Ironwood Dive/Gantzel Road Improvements Spring • Design -Build - CTRMA U5 183 North Design -Bid -Build - Loop 375 Transmountain West • Design -Bid -Budd - TxDOT I 10 Enhancement Project 7 I sRNRi 1 FRQPOSAI Responsibilities for Cromwell Marine Creek Road: Mike will lead cost estimating, alternative systems analysis and value engineering alternatives for all project work. He will be 100% transparent with open hook estimate data, providing all labor, equipment, and material rates. Mike coordinates with every independent cost estimator so that quantities are reconciled and verified. During Preconstruction: Mike will work with the entire onsite and support team, including the City and Burns & McDonnell, to build a detailed GMP cost estimates. Separate GMPs will be created and summarized in Power BI dashboard analytics for the Cltys management to review. He will be a constant presence in all discipline -focused Task Force Group meetings, leading constructabiiity analysis of in -progress design documents. He will also track value engineering apportunives In the project Power BI dashboard. During Construction: Mime will be available during construction for phased GMPs development throughout the project life cycle, as well as performing any Change Management cost and schedule impact analysis. Comparable Projects: 5R 260 Thousand Trails CMAR I Preconstruction Manager. The work included constructing a concrete girder bridge, seven roundabouts, concrete harriers, one new reinforced concrete box culvert and 14 reinforced concrete box culvert extensions, pipe culverts, asphalt concrete, asphalt rubber asphalt concrete friction course, detours, shoulder pavement rehabilitation, pavement marking, signing, lighting, and other related work. Ironwood Drive/GantzeI Road Improvernents CMAR I Preconstruction Manager. Preconstruczion services provided included constructability reviews, cost estimating, project scheduling, and value engineering. Two notable Value Engineering concepts included changing bride alignments over the Central Arizona Project canal to reduce bridge deck by 100' and save nearly $1 million. Another $7 million in unused contingency was returned to Pinal County. This project constructed 16 miles of roadway, franchise utility relocations, and extensive storm drainage improvements. Additional Experience • CMAR - I-10 Ina Road Traffic Interchange CMAR - Metro Light Rail Transit Northwest Extension CMAR - Multnomah County Oregon Sellwood Bridge Replacement Design -Bid -Build - Tx DOT State Highway 31 Relief Route Design -Bid -Build - TXDGT US 87 Relief Route Big Spring MY 0[ [URI KHTR I CHUM[[ MAHM CHM HE 1 0 Tammam has significant experience on alternate delivery roadway and utility relocation projects. He has been involved in preparing conformed estimates, value engineering research, and constructability analysis during preconstruction. During construction, Tammam has coordinated work plans and resource allocation for roadway, structures and maintenance of traffic crews. Relevant Experience • 1-820 East Loop Project, Sr. Project Engineer* • 1-4 Ultimate, Project Engineer/Drainage Field Engineer/Structures/Field Engineer* • Lake Ralph Hall Progressive Design Build Project, Sr. Project Engineer* * Denotes projects prior to joining Sundt. Nick has experience estimating, performing preconstruction virtual design and construction visuals, and executing traffic, roadway and structures work during the construction phase. He understands the City's expectations Far the contractor and provides valuable feedback and integrate with the design professional to coordinate con structability reviews, incorporate proposed phasing and provide value engineering options for the project team. Relevant Experience • DFW Connector, Utility Coordinator/intersection MOT & Grading Engineer* • Lewisville Lake Dam Safety Modifications, Project Engineer/Project Scheduler/CQCSM/Utility Coordinator* • SH183 Midtown Express, Roadway, Precon MOT Lead/Roadway Project Engineer* * Denotes projects prior to joining Sundt_ 9 I SNNQT 1 PNQPISRL 0 7nG 6: PHOJECTRPPHORCH •� �' y � � err .. - ��� � -- Final County AZ Ironwood-Garl Improvement Project (CMAR) I InG 6: PHUJICTAPPHO % '_�*I .0. A. IlSundt was u to the challenge, develo ed and executed � g � an outstanding construction plan including outreach to stakeholders several months prior to the start of construction. Also, the original plan called for lane closures during the three months foundation construction phase. Sundt was able to perform this phase without lane closures that helped our traveling public George A. Behmanesh, P.E., Assistant Director, City of Fort Worth -West 7th Street Bridge Project Tab 6 PROJICT APPROACH Sundt's culture and management systems are buill around providing value added Preconstruction Services for our clients. Our experience, hest practices and lessons learned come from successful completion of nearly 1, 400 CAMR projects over the last four decades Historical data indicates thatfor every dollar clients incest ' Preconstruction Services; we return a minimum of ten dollars in value added savings We don't just analyze the initial cost, zue evaluate infrastructure life cycle impacts to achieve the greatest long terra value within the available budget. Preconstruction Services The key to maximizing the advantages of the CMAR delivery method depends upon outstanding performance during Preconstruction Services. The City's can expect Sundt to relentlessly execute this phase by: • Playing a proactive and collaborative role with the City, stakeholders and local residents • Being more than an "estimating service" by providing real-time constructability analysis to design plans in progress • Providing a meaningful return on the City's investment through innovation and VE Sundt will tailor our proven preconstruction methodologies to meet the project goals and objectives based an the following core components: • optimized Schedule • Phased early work GMP packages • Material escalation mitigation strategies • Transparent data sharing in real time through Power BI dashboard reporting applications Building an Integrated Team Sundt will partner- with the City, Burns & McDonnell, and stakeholders to form an Integrated team that leverages each of our strengths, Scoping Session We will hold a Scoping Session facilitated by an independent third party upon project award to; • Prioritize the City's project goals and developing common team goals to ensure the needs of the City and stakeholders are being met. Establish an efficient communications/information protocol to improve internal communication speed and eliminate inconsistent information distributed to team members and the public. • Eliminate conflicts with the City's future master thoroughfare plan project; specifically on the east end of the project, where Cromwell connects directly into Longhorn. Task Force Groups: Meetings and Workshops Task Force Group (TFG) meetings match design leads with their construction counterparts to provides the framework for communication and Clfy Q1 [OHTW981H I CHHNf 11 MARINE U K RH 1 10 forms the backbone of our information distribution and decision -making model. TFGs for each key technical discipline will provide coordination of our work internally and with the C'tYr utility owners and other third party stakeholders. Project -wide elements such as schedule, safety and quality are present at each TFG, and are organized around the following key scopes of work: • Roadway, Landscaping, ROW • Drainage and Utilities • Schedule and Phasing • Traffic Systems Management Public Involvement • Structures Subcontract/Supplier outreach and Engagement Utilizing of local subcontractors and suppliers will be key to providing best value pricing and timely schedule completion. Our preconstruction outreach will include advertising and workshops to: • Review bid forms, and contracts • Distribute Initial schedule and phasing plan • Provide assistance with insurance and bonding • Discuss Sundt's Safety and Quality plan Identify key subs to participate in TFGs. Special Skills and Considerations 55% of Sundt's transportation backlog Is comprised ❑fCMAR and design -build projects. We have proven methods to delivery project goals, provide schedule certainty, and execute work with superior quality. Early Work Packages (EWPs) EWPs prioritize finalizing design of key project elements while the overall design is still being progressed. This allows enabling work to be constructed ahead of major scope packages and provide schedule acceleration opportunities. Candidates for EWPs include: • Clearing, Waterline Relocation and Grading • Level A SUE to verify utility locations • Clearing and regrading drainage easements to develop positive drainage Material Price Escalation Mitigation The current pricing for construction materials is extremely volatile. Manufacturer supply chain Subcontractor Identification Sundt database Outreach • 5ubcontractor assistance organizations Generate Interest Through Opportunity Communications Smartbid.corn Direct email advertisement subcontractor outreacri sessions Prequatify Subcontractors Past performance Safety record Personnel experience QMP Performance schedule Bid Process Assure 3-bidder minimum Distribute bid dots and conduct pre-b-id meeting Validate complete scope Conduct clarification Post Award Incorporate subcontractor Ensure/monitor safety protocol Track quantities and schedule Protect approach aria understanding • Financial solvency Milky to meet schedule meetings Subcontractor selection summary report to client Award subcontract Quality pfogtess assurance Faster accountablilty Review performance Mvnitor SEE utdizatpon Issues are increasing the lead time for common and specialty items by the day_ We will mitigate risks to project cost and schedule by early procurement during the preconstruction phase including: • Asphalt buy/timing • Early light pole procurement • Locking in concrete and rebar prices early 1,I1Y 01 [0HiW081H I CRRNi 11 MARINI. IH[ H RR 1 11 PUXT APPROACH 1 TAB 6 Budget and Design Innovation Management Sundt shares information with the City and the entire project team so that GMP casts can be substantiated. Data from HCSS HeavyBid software and the project's Design Budget Evolution Log (DBEL) is fed into Power BI to produce dashboard reporting that is 100% transparent. Preconstruction Manager Mike James will lead the Sundt team in giving cast feedback on each element being designed and tracking it against the current budget. Sundt will quickly provide cost estimates for different scenarios or refinements as the design develops. HCSS easily allows for complex phasing and pricing options and has built-in work items for labor, equipment, production rates, subcontractor pricing and material resources. Figure 6.2 VE I)aslibo ird Tracking C PUN VEAUERNATIVES As Burns & McDonnell develops alternate designs, we convert the DBEL into real-time dashb❑ands that depict conceptual estimates for each VE opportunity. The DBEL and dashboards will: • Track each VE idea throughout the project Ilfecycle and the status: pending, accepted, or rejected. • Evaluate each VE idea based on the direct costs and indirect casts compared to the current design, so the City can make an informed decision on whether to implement. Notifications are sent to the applicable team members when new alternatives and cost estimates are ready for review at weekly project meetings. An example VE Dashboard from a recent Sundt CMAR project is provided in Figure 6.2 below: r Wc.31 POTEWULSAVINGS ON ACTIVE VE AurERNA WLS VE SAVINGS BY CASK FORCE GROUP 3�actnea sudmngc G Omct, swc-Mr :M U 04t WS41 Sim: S�_•+ iar,� _--. S�-C'i CITY R1 [UHTW981H I CHHNf 11 MARINI 01 H RH 1 12 HH11I APPHOACH 1 TAB C Construction Services We have performed an initial analysis of the project scope of work and performed preliminary site investigations of the project area, including a drone flyover. Figure 6.3 on the following page Identifies specific challenges, solutions and opportunities presented by the project. Successful completion of the Construction Phase Sundt will approach each item and scope of work to: 1. Improve schedule delivery of the overall project Z, Increase and enhance functionality from phase and sequence 3. Reduce impacts to homeowners & business 4. Improve mobility during construction 5. Cost savings and avoidance (change order and field order reduction) 6. Reduce risk due to early engagement of Construction Manager to optimize construction delivery and collaboration with City & Engineer and locals Approach to Delivery Impacts SundVs office in Irving, TX will be responsible for executing Construction Services for the project. The vast majority of our salaried and craft workforce are lifelong residents of North Texas. More currently live in the communities that surround the project, including Fort Worth, Saginaw, Keller, Eagle Mountain and Haslet. Our team of experienced professionals is ready to plan and implement practical solutions to all delivery impacts. Weather Impacts Weather has the potential to effect construction operations in different ways depending on the scope of work being undertaken. For example, mass grading or trenching or underground work is dangerous during rainfall, while building bridge structure can largely continue. The project schedule will account for 200 working days a year For work activities that are exposed to saturation from the rain that will require days of drying or processing for the project to continue. For work items that are less effected by rain, we will utilize a different calendar in the CPM schedule to allow more work days to work. Best practices such as building embankments with a cross slope and sealing it off before rain are Implemented for maximum efficiency. Re -phasing work with recovery schedules due to adverse weather conditions is accomplished through three week look ahead schedules that are approved by the City prior to implementation. Clfy Rf [UHTWOHIH 1 09011 MARINE E110 RH 1 13 � mm L p � vE c-aaE a`o «-mo Q3 oa c� 3'o'�ww �v'"i3c L3o2' °m Sao a`Oo�� v�pp S3%E °c°�c Nm sa o� 33WE ao o � o0 E o9a -N.3ad uv« o aoL-ar i Nam as o 3E o°L oc�o ° EQ OL p oa o�w�Y.� Gcarma ow `o� m -m a„ o oL ro cD a3a E.- aE.jm� v�,va -a v'vr 3m oc a0 via cccoL sanc- E N c c m v a no v N 17v ��3op� dr Dy oQ��c 3� L c O rcn3 wa�3�cYo ooam� O O a t �a c C va o. of L �3-co oa L.' oy Ova `4m c��v 'min ow ma ry 3� `-' v'c Zc vviE moo 52 v« `0 oomc ceo oc o-o CO LLVcE � c v D T LLa�+vi Cin OQ sC _m og Eco E pTan - a °1cc ao4 3oa gym meovE �=-ro ma-m,,, c132o ct _cnB -p6`�3 �3 O� m ® OV PHONEI APPROACH 1 JAR 6 Operational Impacts Operational impacts encompass the entire spectrum of the project scope of work. They are measured not only by their effect on the budget and schedule, but by consequences to the local residents and businesses along the roadway. Sundt will throughly plan and relentlessly execute strategies to set a new standard of expectations for project delivery in the City of Fort Worth. Preliminary concepts that will be refined through owner, designer and stakeholder interaction include: Work Areas and Phasing In terms of city streets, this roadway has high traffic volumes stemming from: Use as a thoroughfare to adjacent arterial roadways. • Presence of several large residential neighborhoods, multiple businesses, a church, an elementary school and a public library. They key to maintaining traffic while accelerating the expected construction duration is to segment the project into three main work areas and implement a phased construction approach. These concepts are show in Figure 6.4 on the following page. We have developed a preliminary traffic control concept that focuses on road -user safety/mobility while maintaining efficient constructabiiity. We will work with the Burns and McDonnell to finalize clear and consistent detours and closures to keep traffic moving during construction, Early Work Packages I Existing Culvert OutfaII Grading & Marine Creek Parkway roundabout improvements. Phase 11 Off line construction of: • 20" waterline relocation and right of way clearing • Eastbound lanes from Boat Club Road to Bob Hanger Street, • Westbound roadway from Bob Hanger Street to Marine Creek bridge • Westbound lanes from Marine Creek bridge to Marine Creek Parkway Phase 2A & 2B f Traffic is switched onto previously constructed roadway and the existing roadway is removed and reconstructed. Phase 2C I Construct turn lanes for eastbound and westbound traffic. All three work areas feature a two main phases and three sub -phases that align with the traffic switches described in the preceding paragraphs. Work Area 1: Boat Club to Huffines Road IThis area includes utilities relocations, new drainage on the south side and connection to new Inlets on the north side, complicated box culverts at Bowman - Roberts Road, Sta. 133+50 and at Huffines Road, new or modified signals at Boat Club and Bowman- C11Y 0110111W98TH 1 NOW[ MARINE Ell HK RH 1 16 srdaau � I Nvvim , - (Y) .5�nO1=iS14N3� i s ¢ I (!D i o[oe3c l�lUAl�d7 K4')11dfi s�zvtarmi- J#_ aL Fir I■ I ".U.) C9 No i I O c - tl £I117� N'013om Ivou ti AVAA W l"I?1')-11NI2]V IN 4 PME T APPP6ACH 1 TAB 6 Roberts, sidewalks, center median and mainlane paving. Traffic will be kept on the existing alignment while new lanes are Constructed to the south. Once completed, traffic will shift to the newly completed pavement so construction can begin for the north and center portions of the new alignment. Work Area 2: Huffines Road to Sta. 80+00 1 Starting at Huffines Road and term 1natingjust west of the bridge over Marine Creek, this work consists of roadway excavation to improved profile grade for westbound traffic, drainage, sidewalk, Center median and new PCCP placement. Currently westbound traffic is using the north side of the existing roadway. We recommend shifting traffic to the south to provide one lane of traffic in each direction. Fixing the elevation change in the existing road for traffic leaving or entering the Parkview Elementary School (see item 10 in Figare 6.3) will improve traffic flow during construction. The excavated material will be moved to embankments along the work areas on the east and west sides. Work Area 3: Bridge over Marine Creek to Marine Creek Parkway I Work in this area is very similar to the other two areas, except the roadway Is asphalt. Maintaining traffic flow on the existing roadway and will use the same southern traffic alignment that shift to newly constructed north roadways when they are available . After the south side is constructed move traffic to the south and construct the north and center portions of the new roadway. Local Street Intersections and Driveways To meet the needs of a diverse group of residents, businesses and public services, many of the driveways and local street connections will need to be coordinated individually to determine the best approach to performing the needed construction. For neighborhoods and properties with multiple entrances 1 exits, alternating closures will keep at least one means of access operational while decreasing construction cost and accelerating the schedule. When multiple drives do not exist, our discussion with the stakeholders may determine that an off- peak closure window will be acceptable. The work can also be constructed in halves with use of high - early concrete when other options are not viable or desired by stakeholders. Material Management This project has a large excavation in front of Parkview Elementary School, as well as embankment to the east and west of this area. As part of our preconstruction efforts we will work to complete this work early in the project during off-peak traffic hours. Trucking operations for material delivery and laydown will be sensitive, The sheer amount of construction work underway in DFW means trucking subcontractors are in high demand. We will mitigate availability issues by working with multiple trucking subcontractors to ensure the project always has enough dedicated resources. To alleviate trucking concerns for local stakeholders, we will establish haul routes within work zones to separate construction traffic from commuters within the project footprint. Dedicated ingress/egress areas with tire wash stations will keep adjacent roadways clean and clear during construction. CITY 51 10HIMTH 1 CH9011 MARM CHM RH 1 10 HONET APPROACH 1 TAB 6 Working with 3rd Party Stakeholders, Communities and Franchise Utilities The same Partnering philosophy and techniques explained in our Preconstruction Services phase will continue during construction through final project completion_ Part of the facilitated Scoping Session will include measurable project goals. These goals will be evaluated at quarterly follow-up meetings for continuous Improvement Initiatives. 3rd party stakeholders and community representatives (HOAs, businesses, churches, schools, etc.) will be invited attend select TFG meetings to incorporate their traffic, schedule and phasing needs in planning and design. Our proactive Public Information campaign will keep all parties informed of construction progress and how it effects the community throughout construction. Franchise utilities are a project discipline that merits a dedicated TFG. Communication and planning will def ne betterments vs relocations, who will perform the work (utility or CMAR), ensure no loss of service during construction, and schedule utility relocations as EWPs whenever possible. Managing Subcontractors Subcontractors are integral and critical to maximizing project success. As explained in our approach to Preconstruction Services, subcontractors are selected on a best -value determination based on capabilities, past performance, ability to meet schedule, and safety objectives. We will conduct events to explain the project and answer questions, and invite subs to participate in TFGs based on their scope of work. Subcontractor management is a collaborative process between our construction management team (Construction Manager, Superintendents and Foremen). All subcontractors will be required to meet with the Construction Manager prior to their mobilization_ Once onsite, they will attend weekly and daily work plan meetings to understand logistics, overall schedule, order of operations, and any challenges and concerns associated with their work packages. All subcontractors will be required to comply with Sundt's safety and health plan, as well as the project quality protocol. We provide all subcontractors with an escalation ladder to quickly resolve any issues. We also use a score card process where our team and subcontractors score each other and share the information to improve communication and understanding. Special Skills and Considerations Bridge Construction Recognizing the specialty skills required for bridge construction, Sundt's corporate structure includes a division dedicated solely to bridge construction techniques_ From drilled shafts for the abutments, piers and concrete and girder delivery/placement to deck pours and cure times, Sundt has the expertise, experience and resources to self -perform this critical portion of work. Bridge Division specialist and Structures Superintendent Pascacio Chavez has worked with Construction Manager Josh Bunting many times, most as recently to construct nine TxIDOT bridges along SH-31 in Corsicana. CIly Rf 10111W90 1 09011 MARINE Ell EEK RR 1 19 PRE RU APPROACH 1 1AR R Drainage Some of the most challenging project components are the three new box culverts at Bowman -Roberts, Sta.133t5O and at Huffines Road. Working with the City and stakeholders, Sundt will develop an optimal solution specific to each location's needs: • Use a staged approach with multiple traffic shifts, but keeps all lanes open during construction. This provides traffic benefits but can be expensive. • Rolling short-term closures will moderately shorten the overall work duration, but with intermittent level of service (LOS) deterioration, • VE alternative using precast box culvert along with complete closure of the Intersection. This greatly reduces the activity schedule, but at a higher cost and a short term but constant LOS impact, • VE alternative using cast -in -place box culvert with a complete closure would lower costs but LOS impact will be longer. Quality Control Sundt's Construction Quality Control Plan (CQCP) governs the project approach to quality management that maximizes excellence. The CQCP defines objectives, policies, procedures, processes, and staffing to manage construction quality in accordance with the Contract. The CQCP uses a phased control system to ensure that construction, including work by self -perform crews, subcontractors, and material suppliers complies with the requirements. This management system addresses each definable feature of work, beginning with early planning stage requirements and ending with the finished work. Sundt's quality plans include the following key components and allow for additional requirements - identified in the project specifications; • Responsibility and authority for all personnel responsible for CQC. HAIM PROCESS i 1, OWNER EXPECIAIIONS - 2.VIRI11CA116N Of DESIGN • List of required preparatory meetings. • List of inspection hold points, • List of required tests and inspections, including frequencies and responsible agency (Quality Control vs_ Assurance and Acceptance), • Procedures for tracking preparatory, Initial, and follow-up control phases and control, verification, and acceptance tests including documentation. • Procedures to identify, document, and correct non -conforming work. • Procedures for receiving, inspecting, and tracking all permanent materials. • Procedures for document control and management. • Procedures for operation planning to eliminate errors in permanent work. Minimizing Nan -Conformance Sundt's CQCP consists of an eight -phase approach, as shown below. Each phase defines processes and/ or procedures to align with Sundt's CQC and QA, and to ensure consistency among the day-to-day operations for each feature of work. The quality process begins and ends with the City in mind, while providing intermediate phases to make sure the work Is built right the first time. The project team will conduct constructability reviews to identify deficiencies and ambiguity that can impact cost, time, quality, schedule, or liability during execution. A formal constructability review will be completed on all design packages to make sure the completed design can be constructed safely and economically, consistent with the industry standards and project requirements, prior to releasing for construction. The reviewers' comments will be recorded on the drawings and summarized in a constructability review log. The constructability review log is a living document that remains active throughout preconstruction until each comment has been resolved. ITRANSIT 10N TO NNSIROEll 0N 4, COMM BAIIIY PLANNING 5.00AIITYASSURANCE 6. QOALITY CONTROL 7. CONIINOOOS IMPROVEMENT R.TRANSITiON TO OWNER OPERATION 1;11Y 0E F0RTIWHIH I CRi011t MARINI CREEX RO / 20 PERT APPPOADI 1 JAB 6 Safety Management Sundt's corporate safety program and project -level safety planning, training, and implementation is second to none. As evidenced by our five-year EMIR, we take pride in ensuring the public is protected from ongoing construction activities and our employees return home safely every day. The proximity of this project to Parkview Elementary School and multiple housing communities greatly increases the amount of pedestrian traffic we must safely accommodate. Unsafe conditions such as unprotected open trenches pose significant risk for pedestrians and will not be tolerated by self -perform or subcontractor operations. Workforce Safety Sundt empowers all workers and subcontractors with "Stop Work" authority to immediately correct any unsafe condition. Communicating the safety plan for upcoming work occurs continuously at multiple levels throughout the project Ilfecycle, including: Monthly Meeting I City leadership, Sundt Key Personnel and stakeholders, Weekly Supervisor Meeting I City, Sundt Key Personnel, and all superintendents, foremen, and subcontractor leads. Weekly Project Meeting I "AlI hands" meeting to communicate current/upcoming work, relay safety results, and ID safety metrics and trends. Daily Work Plans I Superintendents, foremen, and subcontractor leads communicate to all crew members via Task Hazard Analysis that details all safety hazards, procedures and quality hold points for work executed that day - Public Safety The greatest project risks to public safety are traffic hazards during construction. The best way to positively influence traffic safety impacts is through proper planning and communication. We will develop traffic control plans using a collaborative team approach that includes stakeholders to identify risks and concerns from all parties to develop an effective and efficient MOT plan that minimizes lane shifts and changing traffic patterns. In early phases, we will use existing infrastructure to maintain traffic movements and access while we build off the current alignment. As the project SUNRI EXP[HIENU MUDIHEATION HATI {[MR) I-rNa1,TS1 _CR4T---------------- - - - - -- 2017 Z018 2019 2020 2021 advances, we will begin to shift traffic to roadways and structures in a phased approach to open additional work zones, eventually transitioning traffic to its final configuration. Cast and Schedule Control Sundt will complete the entire project in the shortest time frame possible within budget limitations. Several key components to controiiing cost and schedule are contained in our Preconstruction Services section, including • Holding a facilitated Scoping Session • Forming Task Force Groups (TFGs) • Partnering on Value Engineering opportunities through our Design/Budget Innovation Fog (OBEL) and use of Power BI dashboard reporting • Subcontractor involvement in TFGs • Material escalation mitigation Several other CMAR methods to maximize the project budget and accelerate the schedule are also Implemented during Preconstruction Services. Cost and Schedule during GMP Development All work will be competitively bid and representative of the project's cost at the time of each submitted estimate. This open book process provides transparency to the City for and maximizes the Best Value benefits offered by CMAR projects. Details related to quantities, durations, hourly rates and unit prices will be clearly Identified by discipline and developed jointly by Sundt and Burns and McDonnell, Estimates will be updated intermittently for ROM estimates and design submittal milestones to maintain cost and schedule certainty while evaluating VE scenarios. CIIV 91 FORT WORTH I CHOMINM MARINE CREEK RU 121 Figure 6.5 - flower Ill Open Book Estirnating D aslthuard 0 Self -Perform vs. Subcontract ■ Subcontractor ■ Self -Perform 0 7 n 3 a to on t Sundt uses historical production rates for labor and equipment projections from recent local transportation projects. Based on Initial projections, we expect to self -perform up to 75% of the work on the project to control the schedule's Critical Path while using quality protocols that eliminate costly rework. The remaining 25% of work is expected to be performed by trusted local subcontractors, 9% of which are registered DBEs. Figrtre 6.5 shows a Power BI dashboard view of expected self -performed vs subcontracted work for this project based on the overall project and Individual scopes of work. This tool Is accessible by all team members and updated throughout GMP development for 100% transparency. Risk and Contingencies Allowances in GMP development include undefined scopes of work where design has not yet been fully developed or a final VE decision has not been made. These contingencies are applied the overall GMP rather than having subs and suppliers price contingencies in their bids so that 100% of the unused contingency is returned to the City rather than being profit on any Item of work. 16% 904 6% 10% 3% 3% 4% PROJECT APPROACH 11AR 6 Perform vs. Local Subs ti Self -Perform * LocalSubcontrattor ■ Local DBE 0 Total Scope of Work s Mobililatlon 10% ■ Prep ROW & Removals 4% ■ Grading 5% ■ Pavement 29% ■ Walls 4% ■ Bridge 6% Drainage 19% ■ MOT 3% ■ Flatworks% ■ City Water 3% ■ Erosion Control 3% ■ Signs & Striping 3% Illumination & signals 6% Controlling Cost and Schedule During Construction Services The same Power BI dashboard view shown in Figure 6.5 can be toggled to show key cost and schedule data during construction, and can be broken down by overall project or specific scopes of work. The reports include key measurement metrics such as; • Percentage of time scheduled vs actual progress • Percentage of cost accrued vs GMP budget • NCR rework as percentage of budget and cost Scheduling Qualifications Project Scheduler Omar Femandez has over 27 years of transportation scheduling experience. He has worked at the project level and an estimates For alternate delivery projects in Texas ranging from mega design -builds to city -owned arterial roadways. Omar has already prepared initial basellne schedule for this project, as shown in on page 24. Team members can expect schedule updates via: Dailywork plan meetings • Weekly updates to the PBS • 3-week look ahead construction schedules • Monthly meetings with the City and stakeholders 1a1Y 0110HIW98TH I CflHO[[ MARINI CR[ H RR 1 22 TAB 61 PHOJECT APPROACH Change Management Process and Addressing Owner Initiated Requests The key to the change management process and addressing City -initiated requests is relentless execution during Preconstructlon Services. We will accomplish this by: Establishing a complete scope of work by collaborating in workshops that address the entire project and TFG meetings that focus on specific scopes of work. All items are put on the table, priced, and tracked through the DBEL so there are no surprises with the scope and budget. • Pricing for design intent. This Is one of the reasons the City is paying us for Preconstruction Services. An example would be a fire hydrant shown on the drawings where the lateral pipe is missing. We know there has to be piping to the fire hydrant and must include the cost in our estimates. • Performing constructabiiity reviews that substantially reduce potential change orders. • Partnering with subcontractors and stakeholders builds trust, buy -in, and understanding of the scope to reduce changes. Identify the proper Allowances and Contingencies during the GMP process, so we have a tool to manage them. Methods to address City requested changes include: • Asking the tough questions during design and then allocating contingencies to cover them • Providing Owner's Contingency in GMP development available only for City requested changes (or returned as savings). • Reduce risk profile during GMP development and as construction processes • Options for unused contingency for City requested changes instead of returning as savings. • All changes are priced through Open Book process, just as in GMP development. 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Irk City of San Antonio Hausman Road Improvements (PDB) 1 Tib 7 COMPIIANCI WITH THE BUSINESS DIVIRSITY ENTERPRISE 0HOINAN11 PRELIMINARY BUSINESS EQUITY UTILIZATION PLAN Sundt will comply with the Business Equity Ordinance No. 25165-10-2021 (to be codified in Chapter 20, Article X of the Fart Worth Code of Ordinances, as amended) and Subsection C of the RFP in meeting or exceeding the certified Minority and Women -Owned Business Enterprises (MIWBEs, collectively, "Business Equity Firms") goal of 6%. Sundt has requested and received a Business Equity Firms listing from the City of Fort Worth's Office of Business Diversity to assist in this preliminary Business Equity Firms utilization plan. The strong presence of Fort Worth Business Equity contractors and suppliers for scopes such as aggregates, cast -in -place drainage structures, concrete Flatwork, demolition sawing, erosion control, installing reinforcing steel, landscaping/seeding, ready -mix concrete, sawing/sealing pavements, traffic control, traffic signals, trucking, and wet utility construction provide will provide Sundt with abundant opportunities to exceed the 6% Business Equity Firms goal on Cromwell Marine Creek Road. Sundt commits to exceeding the goal by 50% and delivering a minimum of 9% Business Equity Firm's participation. Sundt acknowledges that Business Equity Firms will be certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (DIFW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City of Fort Worth. The below table is a summary of some recently completed projects and our completed Business Equity Firms participation, which demonstrates evidence of Sundt's successful past business diversity procurement practices, SARA $55M 20% 28% ADOT $52M 011/0 13% TxDOT $111.3M 3% 9% TxDOT $30.7M 11 % 23.28% ADOT $103M 9.56% 13.17% COSA $66M 13.41 % 14.88% To achieve diversity goals on past construction projects, Sundt and our partners have created and implemented a comprehensive and robust series of strategies that address elements from all three sides: demand, supply, and monitoring. The project -specific Access and Opportunity Committee (AOC), convened by Sundt, is the cornerstone of this strategy, Involving multiple stakeholders in transparent monitoring of progress toward goals and collaborative problem -solving. Documentation of procurement efforts for MIWBEs will be in accordance with Subsection E of the RFP. Selmduk of ' ActiUlt es to Im pIvnem our Diversiof Plug IN IN 1E ono PHASE I PHASE 2 PHASE 3 PHASE 4 Induct &1-rely, YIn wring, /fill T'a 4gJ,>rrig N!aP �mhrfrlion Onlreetck & Indaviva Cvnslrr�clen,+ Ine-hainn & Rrpnrting filini t l weeldWio r & Rrparlirrg This approach builds on the foundational work of successful engagement with the Business Equity Firms' community and provides the real-time data far monitoring participation on an ongoing basis, as well as generates the outcome data for reports to the City_ If awarded this project, we will create a customized and detailed Business Equity Plan in collaboration with the ❑ty- [IIY H 10HIWOOTH i 09011 MARINI c5I[x RD 125 7nG R APPINDIX rr s- Ab .� �,�� � -'� •�,,� • -yam f E:l7fiL] CTLL ", �yyM/AAr' ri � [W Ht FI IfSan Antonio River Authority San Pedr reek Imveme' (CMAR) -San Antonio #diver Authority San Pedro Creek Improvements (CMAR) 1"'ducrrlism B.S., Geological Engineering, University of Arizona Ger4finations Certified Professional Constructor (CPC), American lo5titwe of [HIMISTON CM -«AN, X, DRIA Project Manager Eric Creston has over 25 years of transportation construction experience as a lead estimator and project manager. He vas spee.ific.ally selected for this role based on his CMAR experience, Eric served. as project manager on four recent altr r-nate delivery arterial roadway projects -ritb construction challenges similar to this project, each requiring complex 11107'phasing to maintain local commuter and business access, close coordination with surrounding municipalities, and scheduling around Franchise utility relocations. Relevant ExImn'ence Cip, of San Antonio Ilauaman Road Improvement Prjecl, Sr: Pmjecl Manager $66.8 million, PDB / Design and reconstruction of Hausman road from Loop 1504to IH 10—project length approximately 3.5 Miles. The work consisted of storm sewer, water, sanitary sewer, gas, electric, grading, asphalt concrete pavement, bridge demolition and replacement, illumination, signing, striping, and landscaping. Constructor .1 DOT SR 60 Tlwusand Traits, Project Manager $48 million, CMAR / The work included constructing a Concrete girder bridge, seven roundabouts, concrete barriers, one new reinforced concrete box 26 hears o� Ealie�7ertrc culvert and 14 reinforced concrete box culvert extensions, pipe culverts, asphaltic concrete, asphalt rubber asphaltic concrete friction course, detours, shoulder pavement rehabilitation, pavement marking, signing, lighting, and other related work - AD OT SR303 Caclus, Waddell & Bell Roads Inlerrm Interchange Improvenenis Project Alangger $27.2 million, CMAR / Interim improvements to multiple interchanges along a major corridor for north -south traffic in the western areas of Maricopa County, intended to minimize future disruptions to traffic and to existing retail, commercial and residential developments adjacent to the roadway upon its replacement by a freeway. Work includes construction of a diamond -shaped interchange, relocation of an irrigation canal, depression of SR303 at Bell Road, removal of a water well, and bridge construction over SR373. :DOT Cordes] action Traffic Interchange Impror}emenls, Project Manager $52.7 million, CMAR/ This free -flow directional interchange project included removing the existing loop ramps and structures and construction of new structures and ramps, other improvements included the construction of a new diamond interchange, bridge replacements, local street Improvements and a two-way local connector- road over 1-17 connected to the local street system by modern roundabouts. 26 I SUNF / PHOPUS4 JOSH BUNTING cac Construction Manager/Safey A seasoned professional with 17 years of experience, josh plans, coordinates, and supervises field operations fbr alternate delivery transportation project. He manages stakeholder relations; oversees the CPM schedule; provides technical direction to the prg1ect team; and is responsible for safety, costs, productivity, profitability, and the overall duality of all work, including self perlormed and subcontractors. He has worked on a variety of civil and transportation projects valued at over $588 million, all of which have been completed on time. Relevant Experience TOOT Stale Hiohuqy 31 Relief Route, Ned Mwiager $1 Q7 million, DBB I Currently nearing completion, this TxDOT project includes construction of a 14-mile long, two-lane road to reduce congestion by building a new reliever route for State Highway 31 along the southern outer edge of Corsicana, from three miles west of FM 2.555 to three miles east of 1-45, Sundt's scope includes constructing a total of nine bridge locations, including over the 1-451SH31 interchange and three over rail lines; grading; precast drainage structures; apx. 1 _1 M cubic yards of embankment; 87,540-square- yards of 18,5-13" concrete pavement. Town of GilbertY1 Queen Creek 1Road Imp ruverr7ents Superintendent $6 million, CMAR J Widening of Queen Creek Road from Val Vista Road to the East Maricopa Floodway; included bridge deck replacement and widening (EMF Bridge), as well as irrigation structure relocation & widening for the Roosevelt Water Conservation District. Design phase services for the project included widening Queen Creek Rd, from Val Vista Rd, to the East Maricopa Floodway. It also included bridge deck replacement and widening (EMF Bridge), as well as irrigation structure relocation &widening for the Roosevelt Water Conservation District. Ancal County !IZ Ironwood DrzvelGantzel Road Imp rovenenis, S'uperarrteaden $63.5 million, CMAR 1 Construction of 15 miles of roadway from US 60 into newly developed areas of Pinal County; included a bridge over the Central Arizona Project Aqueduct, utility relocations and extensive storm drainage (1 1 box culverts)_ ADOT S R 101 hPop High Occupang Phic'le (HOJ j Lane6, Superinlendenl $90 million, DB 1 Addition of HOV and auxiliary lanes to a highly traveled 34- mile transportation corridor; including over 64 lane miles of concrete paving, widening five bridges, reconstructing eight ramps, placing asphaltic rubber - asphaltic concrete friction course, and adding noise walls, retaining walls, and a median barrier. Education B.S., Engineering Technology and Construction, Okiahoma State University Cerlificalions Certified Quality Constructor, Arnericoo Institute of Constructors 30 Hour Certification, Occupational Scfety and Heolth Administr utioo 17 tears of Exl)eraence 1,1IV of 10RIWORTH r Cf{OMC[ MARINE CREEK HU i 27 1"'ducalrry11 M.S., Construction Science, University of Oklahomo Bachelor of Commerce, University of Arberto Cen' ficafio&2 Designated Design -Build Professional (DBIA) 24 'cur% of Experience MIKE JAMIS Delp Preconstruction Manager Nike brings 24 years of specialized transportation preconstruction and estimating experience, inchicling complex abridge and highway projects. Mike's unique qualifications include: extensive experience working on the preconstruction phase of multi-mndtil projects, helping drive the innovation and estimation process and leading to maximized /midgets and schedules. On the Sellwood Bridge Replacement prQiect, Mike was an integral part of the team that innovated the bridge `slide' idea to maintain multi -modal traipic during construction, which saved over S 10 million. Relevant Expience ADOT SI? 266 Thorasand Trails, Precurrslruclion Al anager $48 million, CMAR / The work included constructing a concrete girder bridge, seven roundabouts, concrete barriers, one new reinforced concrete box culvert and 1.4 reinforced concrete box Culvert extensions, pipe culverts, asphaltic concrete, asphalt rubber asphaltic concrete friction course, detours, shoulder pavement rehabilitation, pavement marking, signing, lighting, and other related work. Metro Laght Rcad Transil AiorGhzvest E,vlension, Preconstrrtrt-ron Alan,Wer $161 M, CMAR / A a 3.2-mile double track alignment extending from the Central Phoenix/Fast Valley light rail transit system with stations every mile, two Park and Ride facilities, and associated utilities. Pinal Counh) Ironwood Dr/Gan Izel Rd Improvements, A-econsfruction Nlranager $635 million, CMAR / Construction of 15 miles of roadway from US 60 into newly developed areas of Plnal County; included a bridge over the Central Arizona Project Aqueduct, utility relocations and extensive storm drainage (11 box culverts). ADOT Iran Road hlercharzge bnpr uvemenb; Lead Estmmalor $118M, CMAR /Removal of three bridges and construction of four new bridges including a structure over a UPRR alignment, a phased bridge over 1-10 and two new bridges within the Santa Cruz River, The project was constructed under traffic, with no general reduction in the number of travel lanes, except during limited times, provided continuous safe and secure travel for pedestrians, bicyclists, and remained ADA-compliant for wheelchair access for traffic on local streets. Rlullnomah County OR Sellwood h 7dge Replcaremert4 Lead Eslirnalor $228M, CMAR 1 Reconstruction of a 2,000 foot bridge over the Willamette River under continuous traffic while maintaining existing traffic lanes and bike/ pedestrian corridors. 20 I SUN I PHOPOW OMAR [ERNANDIZ Scheduler Omar has 27 years of experience in heavy ci\-il construction as an estimator and scheduler: He has performed scheduling acti% ities for alternate delixery transportation projects in Texas ranging from design - build mega projects to city streets and arterial roadways. His career has been spent developing resource and cost -loaded schedules For projects during prec.onstruction, adjusting them during design finalization, and managing them during construction through finial acceptance. Omar sits on all Task Fierce Group meetings during preconstruction to perform schedule iterations for value engineering opportunities. He also analyzes constructabiiity optimizations fnr work durations, order of operations and traffic How planning related to scheduling during GMP development. During construction, Ornar will he responsible for submittal and approval of the initial Project Baseline Schedule, as well as weekly, three week .look ahead, monthly and quarterly updates for schedule review meetings. He will use Primavera P6 to populate the Power BI dashboard to provide 100°/s, schedule transparency: Relevant Experience Ti,DOTSHI83 Midh9wn Express, Scheduler* $841 million, DB 1 Omar produced the proposed initial project baseline schedule to reconstruct 17.8 miles of managed lanes, general purpose lanes, frontage roads and intersecting roadways. He participated as the schedule lead on ail Task Force Group disciples for VEIATC development, constructability reviews, and development of design plans to 30% completion. RDOT High Five Avjer. 4 Structures E.stimatar/Scheduler* $269 million, i]-B-B 1 Omar estimated bridge substructure for the High Five Project during bid development, then maintained a detailed CPM construction schedule during construction to allocate resources with defined Crew needs, He Identified numerous revisions in sequencing and traffic Control, which reduced project duration by 12 months, This project was a complex five -stack interchange that connected 1-635 and US 75 - two of the busiest freeways In DFW. The $269 million project 37 bridges and 60 lane -miles of newly constructed roadway- CTRM [ SH 183A Phase 3, Scheduler* Assisted In developing the Baseline Schedule for the SH 183A extension project which adds two tolled mainlines to the existing highway. This 6.6 mile project includes 17 additional bridges, two of which are over the South Fork San Gabriel River. ❑mar's innovate schedule projects project completion in 2024. * Denotes projects prior to joining Sundt, Edurnlion B.S., Civil Engineering, University Autonomous of Guodolojora Certifications Innovative Management Solutions, Inc, (IMS) 27 rears of Expm'enre l;IIV a110R1 W9111H I CROM [ MARINE CREED Rp 129 Edurwlotl B.S., Construction Management, Prttsburgh State University C erl�ic•aliorts USACE Certification for Construction Quality Manager for Contractors Trenching & Excavation Competent Person First Aid 1 CPR 1 AED 12 Fears q f Ax1mriMce NICK SHUMATE cam P°reconstruction, AYOTIUtility Manager Nick is a knowledgeable and proven team member with a l 2+ year career- in construction, He has cxperie:nce estimating, perforating preconstruction virtual design and construction visuals, and executing traffic, roadway and structures work during the construction phase. He understands the City's expectations for the contractor and provides valuable feedback and integrate with the design professional to coordinate c.onstructability reti-iews, incorporate proposed phasing and provide value engineering options for the project team. Relevant E,kperience TAROT Fort [Vorth Di oria D1,I1V Connector; Field Engineer* $1.2 billion, Design -Build 1 The project scope included the development, design and construction of the 8.4-mile initial phase of the ultimate 14.4-mile project. The DFW Connector widened State Highways 114 and 121, which sit at the intersection of the area's four mast populous counties and serve as the northern entrance to ❑FW International Airport. USACE Lake I.-zvimille Data S�r/rh!-11(4dficahons Project Engineer* $40 million, DBB 1 The Lewisville Lake Dam was identified as very high risk in 2005 because of confirmed and unconfirmed potential safety issues as well as potential Impacts of those Issues on the large downstream populations. The dam is located 22 miles northwest of Dallas. The scope of work for the project includes the construction of upstream embankment modifications, crest road improvements, conduit filters, waterline relocations, seepage collection systems, an improved roadway system, and other associated work items. TxD0T SIII83 Midlown Express Pbadzvay PrajerI Engineer* $841 million, DB 1 The project required the construction of roadways, drainage Facilities, sound barriers, structures, landscaping, aesthetic items and treatments, signing, sidewalks, traffic signals, lighting, and shared -use paths along and connecting to managed toll lanes, general-purpose lanes, frontage roads, and crossing streets. This project included surface rehabilitation, drainage, security fencing, and aggregate subgrade preparation, sub -grade stabilization, asphalt paving, retaining walls, and traffic control. Additional work included excavation and embankment, applying ASTM test methods for density control compaction and moisture control using standard proctor testing procedures, Work on the retaining walls included utilization of fine and coarse aggregates meeting Tx DOT compaction specifications. * Denotes projects prior to joining Sundt. 30 I SHE I POOPIRS4 Arr GHIGSHY P.I. Lead Estimator Jeff has 24 years of' cxpericnce in heavily ciNil construction. He spent seven years working for TxDOT in the Dallas and Waco Districts before ,joining the contractor community in 2005. He has since estimated or managed an estimating team for over 100 projects ranging from design - build mega projects to city streets and arterial roadways. Jeff has a verified track record on CMAR projects that achieve final GMP within 3% of initial GMP submittal. Relevant Experience Sian Aii1,ori10 Rimer idliority San Pedro Creek Aase 1,1, Ghief Estin? aIOr $55 million, CMAR 1 Jeff led open book cost estimates for all scopes of work, priced value engineering scenarios, and led all discipline task groups throughout the GMP process. This led to $9,7M in unused contingency being returned to the owner as project savings, 7:xDQTSH 183 Alidlowt? Exprr..rr, Senior Erlirnator* $841 million, D-B J Led joint venture estimating seam through SOQ and proposal for 17.8 miles of highway reconstruction for managed lanes, general purpose lanes, frontage roads and Intersecting roadways. Jeff managed all discipline Task Force Groups and VEIATC submittals, performed ccnstructabiIity reviews of design advancement to 30%, and conformed pricing for proposal submittal. Jeff led the development of 31 VEIATC concepts totaling $120M in potential savings, 12 of which were accepted. IH-35 McLennan Section 3B Reconsiruction, ,Senior Ert malor* $212M, D-B-B 1 1 d-mile reconstruction of an existing four -lane divided highway into a six -lane divided freeway with continuous frontage roads; also included the construction of two cable -stayed tub girder structural steel frontage road bridges over the Brazos River. CiO, of Fart IrErn I; Abseum Place Infrastructure Rero?'Wruclion, Estimator'* $3 million, Design -Bid -Build 1 Reconstruction of the city infrastructure along West 7th Street, West 6th Street, Arch Adams Lane, Barden Street, and Bailey Avenue in support of the 11-acre Museum Place multi -use development. The project included demolition, grading, concrete pavement, water lines, sanitary sewer lines, storm drainage system, and brick roadway pavers. Tarrant County Communio College T7nitg Estimator* $1 million, CMAR 1 Construction of a 3-span box beam bridge on East Belknap Street and adjacent intersection improvements. Jeff provided constructability reviews and priced the initial and final GMP package. * Denotes projects prior to joining Sundt. Educ alien B.S., Civil Engineering, Texas A&M Unwersity Gerii fic rlir}rts Licensed Professional Engineer, Texas 24 scars v, f1:,rpertem'e 1,IIV Rf 10RIWORTH I CROMC[ MARINE CREEK Rp 131 Educahort TAMMAM NASHAD Project Engineer Tannnam has significant experience on alternate delivery roadway and bridge projects, including several in the DIN1' inetroplex. He has been involved in preparing conformed estimates, value engineering research, and constructahility- analysis during preconstruction. During con struction,'lammam has coordinated workplans and resource allocation for roadway, structures and maintenance of traffic crews. M.S., Transportation Systems, University of Central Florida Relevant Experience 135„ Civil Engineering, Upper Trinity Regional WaierDislric4 Lake Ralph. Ha14 Sr. Project Engineer University of Benghazi $89 million, PDB I The project relocates 3.5 miles of roadway, constructs an elevated complex bridge structure over water and roadways, terminates IQ leers Uf Evperience existing county roads and demolishes four bridges. This project Faces a hard final completion deadline that coincides with an on -going adjacent dam project, which will flood the entire project footprint and beyond. Tammam helped coordinate a new delivery milestone for the structures package design and prepare cost estimates for a phased GMPs as early work packages that begin drilled shaft installation, eariy procurement of precast girders, precast deck panels, and other commodities and early mobilization. This reduced the overall project completion time by three months. TrDOTI--820 East b)op Prrject, Sk Prajecl Eng4neer* $177 million, ❑8B 1 As part of the "Texas Clear Lanes Initiative," a plan put forth by the Governor to ease traffic along well-known chakepoints, this multi- phase project will reconstruct Interstate 820 along a three-mile stretch within the city limits of Fort worth, Hurst, and Richland Hills. Tammam coordinated work plans between bridge substructure and superstructure crews on two direct connect structures that consist of a combined one million square feet 01 bridge deck and 140,000 linear feet of concrete girders. FDOT I-4 b7timak Prrjecl Engineer* $2.3 billion, P3 1 this mega project reconstructed and expanded 21 miles of tollway, including 140 bridges (13 widened, 74 replaced, and 53 newly constructed. Tammam helped to coordinate short term lane closures of the existing free general purpose lanes at 15 major interchanges for bridge work, as well as night closures for adding four tolled express lanes. * Denotes projects prior to joining Sundt. 32 r SUNS i PHUPUSAL JAZ U. MWISINIZA rE,cuM Quality Conhol Jaz is a licensed Professional Engineer in Teas with experience directing quality programs for heavy civil infrastructure roadway projects. She has worked far both Independent Quality Firms (1CQ,Fs) under 1'xDors Quality Assurance for Design -Build Projects and contractors performing Quality Control testing and inspection for alternate delivery projects. Her experience performing QA/QC, for loth design plans during preconstruction and field work during construction make her art invaluable asset to the Sundt team. Relevant ExPerience &n Antonio River.luthwrity Saar Pedro Cry Phase 1.I, Quality Control $55 million, CMAR / Jaz implemented the project Quality Management Plan to ensure sure that work progresses according to established quality standards and procedures, During preconstruction she reviewed plans, specifications, design changes and RFls and resolved differences in document interpretation During construction she verified the quality of materials, monitored all QA/QC processes and recommended corrective actions for NCRs, Jaz also conducted onsite quality inspections and witnessed specified field testing for ongoing and completed work items, reviewed material test results For concrete tests, soil/aggregate tests and compaction tests, and oversaw daily construction activities as needed and identified deviations from the contract, lFC Plans, specifications, approved design changes, and/or shop drawings including reporting/documenting detected non -confirming work. TvDQT I-63:5 LB7 East Pj�q' t, Assoc' 1e Eg4neer* Educalion M.S., Environmental Engineering, Missouri University of Science and Technology B.S., Civil Engineering, Notionoi University of Rwanda C:ert f t'ahons Professional Engineer License - No. 139597 (Texas) ACI Concrete Field Technician - Grade 1 USAGE Certification for Construction Quality Manager for Contractars OSHA 30 $1.7 billion, P3 / Jaz implemented the onsite IQF Quality Assurance program to ensure proper quality of materials and methods of execution. She also 8 1ors of •Expenertc'e analyzed field data reports and reviewed inspection reports for all project works (i.e. drilled shafts, columns, footings, walls, drainage structures, retaining walls, concrete pavement, any major bridge structures, etc.), Her duties also included overseeing daily construction activities and identifying deviations from approved plans, specifications and shop drawings Including reporting/documenting non -confirming work detected as well as recommending corrective actions as needed. Jaz also verified that deficiencies are corrected and corrective action plans are Implemented as required and prepared, reviewed and/or approved engineering reports, field inspections and field testing reports, * Denotes projects prior to Joining Sundt. 1;I1Y 0110Hf W981H I NOW [[ MARINI IRIR RO / 33 Edurah011 B.S., Computer Information Systems, DeUiy University Cert cations - Certified Compliance Administrator, Morgan State Un.Wrsity IS Years of Et 5erient e MARITIA BURGOS CCA Business Equity C:oordiraator Maritza has over 18 years of industry experience. Maritza is charged "ith leading the diversity and inclusion efforts by working closely with our project teams. She assists the preconstruction. procurement and operations personnel in conducting and documenting good faith outreach acti"-ities in all phases of a project, from pre -bid activities to closeout. Working with the project team, her involvement will ensure that we meet — and exceed - diversity goals. Experience includes oversight of construction projects valued at over $1 billion of which an average of 20 percent DBE participation was achieved equating to over $200 million in DBE spend. Relevant E.xpeiienee LIH Terminal B South {Side Replacement Pr-ogram, Plrase L Diversity P►ngram Director* • CMAR, $65M, Goal: 31%, Achieved: 34.2696 Texas Facilities Conirnission Regional Office, Diversify AR,07am Director* • CMAR, $24M, Goal: 26.1 %, Achieved; 44.18% :ITL CPTC Corerou7se T,NarGh ExterlAlan, Regronrll Dza�ersaiy Program Direclar* • CMAR, $243M, Goal: 38%, Achieved: Active project tracking to hit goal Grady Health. Gra4j) CenlFr; fr�r-Ariz.{zrrrecl.Srrr;ir rrl ,Services. RetrrnalDiver srh�� Program Director* • CMAR, $145M, Goal: 20%, Achieved: Active project tracking to hit goal Un1z�ersi!y of Socclh Ftorida, Research A✓Liled Use Lao Regional Diversity Bogranr Director* • Design -Build, $28M, Goal; 24%, Achieved; Active project tracking to hit goal * Denotes projects prior to joining Sundt. 34 r SUNPIiPHOPIRS4 Education / Cer f cations B.S., Construction Management, University of Cincinnati 20 bars of Expe?ience MAIN'JLI� 3 Roadway Superintendent With more than 20 years of experience in heavy civil construction, Ron specializes in roadways, bridges, and drainage projects. He excels in managing the placement of roadway materials and significant structures, He will be the point of contact for all things related to the roadway work and will use his communication skills and knowledge to help ensure quality work is placed throughout the project. Relevant Evperience TxDOT 1-635 L8J East, Superintendent* $1.74 billion, D-B-B 1 Managing sub -contractors installing MSElfascia walls (385.1 k so, drilling and placing Shot -Crete for soll nail walls and drilled shaft) cast -in -place noise walls on Segment 1 of the project. TxDOT US 67 Widening, Superintendent* Managed all labor, equipment, and materials for MSElfascia walls (153.6k so, and drilled shaft noise walls. Supervised drainage installation/removal consisting of RCP, underdrain, manholes, and various inlet types. FDOT 1-4 Ultimate, Superintendent" $23 billion, P31 Managed all labor, equipment, and materials for MSE walls (775k so, temporary critical walls with Helical Anchors, and temporary wire walls on Area 213. * Denotes projects prior to joining Sundt. PASCA119 CHAVIZ Structures Superintendent Pascacio will be the full-time superintendent and not be assigned to any other projects. Pascacio and Ron will both be supported by multiple discipline specific foreman that will be on -site during the duration of their Grew. Relevant E.kperience TxDOT - 5H 31 Corsicana Relief Route, Structures Superintendent 8 Years of Experience $107M, ❑-B-B j 14-mile long, two-lane road to reduce congestion by building a new reliever route For State Highway 31. TxDOT -1-35 Improvements Waco, Structures Superintendent* $212M, D-B-B 1 'I 0-mile reconstruction of an existing four -lane divided highway into a six -lane divided freeway with continuous frontage roads; also included the construction of two cable -stayed tub girder structural steel bridge - San Antonio River Authority, San Pedro Creek Improvements, Structures Superintendent $55M, CMAR I Reconstruction of 2.2 miles of the existing San Pedro Creek * Denotes projects prior to into a world -class urban linear park, joining Sundt, 111Y 0E 10HIWOOTH 1 CHHNfU 11 MARIHI CHItH RH 135 SUNDT Skill. Grit. Purpose., 0445 IMPORT PKWY, 811 #240 11RVING, IX 75963 I M.886.6600 I SUNUT.COM I SKILL. CHI I. PUB PUS E. ATTACHMENT C Standard Genera! Conditions for a CMAR Contract CMAR - Cromwell Marine Creek Road Widening Improvements City Project No. 101012 Agreement Fomi 03/02/22 STANDARD GENERAL CONDITIONS FOR A CMAR AGREEMENT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FORCMAR PROJECTS Page 1 of 67 Revised May 2022 STANDARD GENERAL CONDITIONS OF A CMAR AGREEMENT TABLE OF CONTENTS Article 1 — Definitions and Terminology 1.01 Defined Terms .................... 1.02 Terminology ....................... Page ......................................... 6 ......................................... 6 ........................................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 Work............................................................................................................... ............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.......... 3.01 Intent........................................................................... 3.02 Reference Standards ................................................... 3.03 Reporting and Resoling Discrepancies .................... 3.04 Amending and Supplementing Contract Documents 3.05 Reuse of Documents..................................................... 3.06 Electronic Data ........................................................... .......................................................14 ........................................................14 ........................................................15 ....................................................... 15 ...................................................... 16 ..........................................................16 .......................................................16 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; ReferencePoints............................................................................................................................. 17 4.01 Availability of Lands.....................................................................................................................17 4.02 Subsurface and Physical Conditions................................................................................................. 17 4.03 Differing Subsurface or Physical Conditions.............................................................................. 18 4.04 Underground Facilities..................................................................................................................19 4.05 Reference Points............................................................................................................................20 4.06 Hazardous Environmental Condition at Site................................................................................ 20 Article 5 — Indemnity, Bonds and Insurance......................................................................................................21 5.01 Indeninification..........................................................................................................................................................................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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR I'ROKC"I S Page 2 of 67 Revised May 2022 Article 6 - CMAR's Responsibilities............................................................................................................... 27 6.01 Supervision and Superintendence ................................ ................. 27 6.02 Labor; Working Hours ................................................. 6.03 Solicitation of Construction- Phase Work ............................................................. -----....... -..... 28 6.04 Service, Material and Equipment ............................................................................................ 29 6.05 Project Schedule......................................................................................................................29 6.06 Substitutes and "Or Equals" .................................................. .............................................. .... 30 6.07 Concerning Subcontractors, Suppliers, and Others ................................................................ 32 6.08 Wage Rates............................................................................................................................ 33 6.09 Patent Fees and Royalties........................................................................................................... 34 6.10 Permits and Utilities.....................................................................................................................35 6.11 Laws and Regulations..................................................................................................................35 6.12 Taxes.............................. ...................---------------36 6.13 Use of Site and Other Areas........................................................................................................ 36 6.14 Record Documents.............................................................• --...............37 6.15 Safety and Protection....................................................................................................................37 6.16 Safety Representative...................................................................................................................38 6.17 Hazard Communication Programs.............................................................................................. 38 6.18 Emergencies and/or Rectification ............................................................................................... 38 6.19 Submittals and Samples......................................................................................... 39 6.20 Continuing the Work.........................................................................................................................40 6.21 CMAR's General Warranty and Guarantee.................................................................................40 6.22 Additional Professional Design Services .................................... ...........41 6.23 Right to Audit...............................................................................................................................42 6.24 Nondiscrimination........................................................................................................................42 Article 7 - Other Work at the Site ......... 7.01 Related Work at Site.......... 7.02 Coordination ...................... Article 8 - City's Responsibilities.............................................. 8.01 Communications to CMAR................................... 8.02 Furnish Data........................................................... 8.03 Pay When Due ........................................................ 8.04 Change Orders ..................................................... 8.05 Inspections, Tests, and Approvals .......................... 8.06 Limitations on City's Responsibilities ................... 8.07 Undisclosed Hazardous Environmental Condition Article 9 - City's Observation Status During Construction 9.01 City's Project Representative .......................... 9.02 Visits to Site ..................................................... 9.03 Authorized Variations in Work ....................... 9.04 Rejecting Defective Work ............................... CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS 42 42 43 Page 3 of 67 Revised May 2022 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 1004 Extra Work.........................................................................................................................................46 10.05 Notification to Surety...................................................................................................................47 10.06 Contract Claims Process..............................................................................................................47 Article 11 — Cost of the Work; Allowances; UmtPrice Work.......................................................................48 11.01 Cost of the Work...............................................................................................................................48 11.02 Allowances/Contingency........................................................................................................54 11.03 Unit Price Work................................................................................................................................. 54 1.1.04 Additional Compensation........................................................................................................55 Article 12 — CMAR's Fee, Change of Contract Price; Change of Contract Time, Delays ......................... 55 12-01 CMAR's Fee--------------------------------------------------------------------------------------------------------------------------- 55 12-02 Change ofGMP-----------------------------------------------•----...............--..---.--...............--..--..---.--... 55 1203 Change of Contract Time ................................... ........... 56 12.04 Delays.........................................................................................................................................56 Article 13 — Tests and Inspections; Correction, Removal or Acceptance ofDefective Work ........................ 57 13.01 Notice of Defects..........................................................................................................................57 13.C2 Access to Work................................................................................................................................. 57 13.03 Tests and Inspections...................................................................................................................57 13.04 Uncovering Work.........................................................................................................................59 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 Final Inspection ............................................................................................................................ 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 4of67 Revised May 2022. 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 Article 16 —Dispute Resolution............................................................................................ Methods and Procedures.......................................................................................... Article 17 — Miscellaneous................................................................................................... 17.01 Giving Notice................................................................................................... 17.02 Computation of Times..................................................................................... 17.03 Cumulative Remedies...................................................................................... 17.04 Survival of Obligations.................................................................................... 17.05 Headings........................................................................................................... CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS 70 70 70 70 71 71 71 71 Page 5 of 61 Revised May 2022. ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.0I Defined Terms Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed- defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument memorializing the understanding between City and CMAR covering the Work. 3. Allowance Item - The Allowance Item value includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, CMAR's overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Price, and are not subject to adjustment notwithstanding the actual amount of the Allowance Item. 4. Application for Payment —The form acceptable to City which is to be used by CMAR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Award — Authorization by the City Council for the City to enter into an Agreement. 7. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidder —The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder should it seek to self -perform portions of the Work, 9. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 10. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 11. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 12. Business Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance #25165- CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 5 of 67 Revised May 2022 10-2021, as amended. 13. BIM — City's on-line, electronic document management and collaboration system. 14. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 15. Change Order —A document, which is prepared and approved by the City, which is signed by CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. 16. City-- The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by its governing body through its City Manager, his 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. 17. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly authorized representative. 18. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 19. City Manager —The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 20. City's Contingency — The dollar amount held exclusively by the City, outside of the GMP, to be utilized for project specific items at the City's sole discretion. 21. 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. 22. CMAR's Contingency — Contingency available for CMAR's exclusive use for costs that are incurred in performing the Work that are not included in a specific line item or the basis for a Change Order under the Contract Documents. This contingency is not available to City for any reason, including changes in Scope or any other item which would enable CMAR to increase the GMP under the Contract Documents. 23. 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. 24. Contract Claire —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. 25. Contract Documents —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. 26. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 7of67 Revised May 2022 27. Construction Documents -Those written or electronic documents indicating the basic scope of work as set forth by the Engineer, Engineer's formal construction documents, Drawings and Specifications, including materials, and work package(s) bid documents. 28. Construction 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 described in Paragraph 11.01 of these General Conditions which CMAR shall consider when developing the CMAR's Fee and the GMP. 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. Day or day — A day, unless otherwise defined, shall mean aCalendar 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 Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents 34. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 35. Director of Transportation and Public Works -- The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 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, oragents. 37. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 38. Engineer — The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 39. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 40. Field Order — A written order 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 Allowances, if any, or other funding sources incorporated into the Agreement. 41. Final acceptance — The written notice given by the City to the CMAR that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 8of67 Revised May 2022 42. Final Inspection — Inspection carried out by the City to verify that the CMAR has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 43. General Requirements —Sections of Division 1 of the Contract Documents. 44. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the CMAR according to the Contract Documents and as approved by the City. 45. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposedthereto. 46. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 47. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 48. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 49. Liquidated Damages. A specified sum of money that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the CMAR, not as a penalty, but as liquidated damages suffered by the City. 50. Major Item -- An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 51. MBE - A business entity as defined in the Business Equity Ordinance #25165-10-2021, as amended. meeting the following criteria: which is at least 51 percent owned by one or more Minority Individuals, or, in the case of any publicly traded business, at least 51 percent of all classes of the stock of which is owned by one or more Minority Individuals; and whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more such Minority Individuals. Minority Individuals is defined in the Business Equity Ordinance. 52. Milestone A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 53. 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. 54. Open Book Price - The price of all labor, material, equipment, subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 55. PCBsPolychlorinated biphenyls. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 9 of 67 Revised May 2022 56. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 57. Plans — See definition of Drawings. 58. Preconstruction Phase Services — Those services to be provided by CMAR as defined in the RFP. 59. Project —The Work to be performed under the Contract Documents. 60. Project Schedule —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. 61. 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. 62. Public Meeting — An announced meeting conducted by the City and/or CMAR to facilitate public participation and to inform the public of the Project. 63. 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. fro. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 65. Request for Proposals (RFP) — The request issued by the City seeking qualified CMAR Firms to submit Proposals to perform CMAR services for the Project. 66. 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 67. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 68. Schedule of Submittals —A schedule, prepared and maintained by CMAR, of required submittals and the time requirements to support scheduled performance of related construction activities. 69. Schedule of Values —A schedule prepared and maintained by CMAR, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications for Payment. 70. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including nights -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. 71. Specifications —That part of the Contract Documents consisting of written requirements for materials, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 10 of 67 Revised May 2022 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. 72. Subcontractor —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. 73. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CMAR and submitted. to City by CMAR to illustrate some portion of the Work. 74. Substantial Completion — The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project (or a designated portion thereof) for its intended use. 75. Successful Bidder —The Bidder submitting the lowest and most responsive Bid and to whom CMAR makes an award of Contract unless otherwise directed by City. 76. 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. 77. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 78. Supplies —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CMAR, Contractor or with any Subcontractor to fumish materials or equipment to be incorporated in the Work. 79. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 80. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 81. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 82. 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. 83. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 11 of fit Revised May 2022 1. 02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms orAdjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" ar the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the York including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Common Construction Terms: Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 12 of fit Revised May 2022 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 30 days after the effective date of the Agreement. 2.03 Starting the Work CMAR shall begin compensable performance of the design -phase portion of the Work on the date when the Contract Time commences to run. No construction -phase Work shall be done at the Site prior to the date on which the City approves the final design of the Work, unless an early works package, whether one or more, is requested and permission is specifically granted by the City. 2.04 Before Starting Construction, Baseline Schedules CMAR shall submit to C i t y i t s s c he d u l e in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to CMAR until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.05 Preconstruction Conference Before any construction -phase Work at the Site is started, the CMAR shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR and Contractor, if known, attending the Public Meeting as scheduled by the City. ARTICLE 3 -- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued byCity. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The CMAR or Contractor shall not CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 13 of 67 Revised May 2022 take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The CMAR or 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 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, CMAR, 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: CMAR' s a n d Contractor's Review 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 or Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, CMAR or 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, manual, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it to City in writing. CMAR shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.18.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 14 of 67 Revised May 2022 discrepancy in the Contract Documents unless CMAR had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B, The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by one or more of the followingways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.19.C); or 3. City's written interpretation or clarification. 3. 05 Reuse of Documents A. 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 thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 15 of 67 Revised May 2022 referenced and located on the City's BIM Project 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 CMAR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2, The City has or anticipates removing and/or relocating utilities. Any outstanding removal or relocation of utilities Is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. 3. The City may obtain temporary construction easements to facilitate the Work by the CMAR. City will identify in the Supplementary Conditions or Contract Documents which temporary construction easements will be obtained prior to GMP delivery for use by the CMAR. City makes no guarantee of duration of availability, access, warranty, suitability, or other performance of the temporary construction easement unless stated in the Supplementary Conditions or Contract Documents. B. Upon reasonable written request, City shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. CMAR shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials andequipment. 4.02 Subsurface and physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 15 of 67 Revised May 2022 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by CMAR on Technical Data Authorized: CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Df ering Subsurface or Physical Conditions A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR shall, immediately after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), notify City in writing about such condition. B. Passible Price and Time Adjustments CMAR shall be entitled to an adjustment in the GMP or Contract Time if: 1. CMAR did not know of the existence of such conditions at the time CMAR made a final commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or becoming bound under a negotiated contract; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 17 of 67 Revised May 2022 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. CMAR gave the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. The cost of all of the following will be included in the GMP, and CMAR shall have full responsibility for. a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. CMAR shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points CMAR shall provide engineering surveys to establish reference points for construction, which are CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 18 of 67 Revised May 2022 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 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by CMAR on Technical Data Authorized: CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CMAR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information, C. CMAR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CMAR, 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 condition and in any area affected thereby (except in an emergency as required by Paragraph 6.18.A); and (iii) verbally notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. When the Hazardous Environmental Condition has been rendered harmless 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 Contractor'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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 19 of 67 Revised May 2022 area until after City has obtained any required permits related thereto and delivered written notice to CMAR: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice CMAR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph shall obligate CMAR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — INDEMNITY, BONDS AND INSURANCE 5.01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFCITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. 502 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 20 of 67 Revised May 2022 insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. Performance, Payment, and Maintenance Bonds A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the CMAR will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the design portion of the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond(s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the CMAR to City prior to final acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment, performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the CMAR to that effect and the CMAR shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of Paragraph 5.02.D, CMAR shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.D. 5.03 Certificates of Insurance CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which CMAR is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. 2. The CMAR's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 21 of fit Revised May 2022 be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the CMAR agrees to waive all rights of subrogation against the Engineer (if applicable, and except related to any Builders' Risk insurance provided by CMAR), and each additional insured identified in the Supplementary Conditions. 5. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Agreement and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements which neither nullify or amend the 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 22 of fit Revised May 2022 by amendment. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto. 13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's insurance. 504 Categories ofInsurance A. Workers Compensation and Employers' Liability. CMAR shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CMAR's performance of the Work and CMAR's other obligations under the Contract Documents, whether it is to be performed by CMAR, 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. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the CMAR to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the CMAR, 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 beliable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the CMAR shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: CMAR shall immediately notify City upon cancellation or other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 23 of fit Revised May 2022 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 tothis section. 5.0.5 Insurance Requirements A. Preconstruction .Phase Services: 1. CMAR shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. Commercial General Liability $1,000,000 each occurrence $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 2. Additional Insurance Requirements a Except for employer's liability insurance coverage under CMAR's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on CMAR's insurance policies. b. Certificates of insurance shall be delivered to the City's Project Representative at the address specified prior to commencement of Work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. is Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h CMAR's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJL c,rs Page 24 of 67 Revised May 2022 upon to contribute to loss recovery. i. In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project Representative any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. CMAR's liability shall not be limited to the specified amounts of insurance required herein. B. Construction Phase: The limits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: Workers' Compensation: Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit 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 " Y', "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 1 $500,000 Bodily Injury per accident 1 $100,000 Property Damage 5.06 Acceptance of Bonds and Insurance; Option to Replace CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 25 of 67 Revised May 2022 If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the CMAR in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in writing within 10 Business Days after receipt of the certificates (or other evidence requested). CMAR shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CMAR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CMAR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, CMAR shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be CMAR's representative at the Site and shall have authority to act on behalf of CMAR, All communication given to or received from the Superintendent shall be binding on CMAR. C CMAR shall notify the City 72 hours prior to moving on site for the commencement of construction - phase Work. 6.02 Labor; Working Hours A CMAR shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. CMAR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. CMAR will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 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 thepreceding Thursday; 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Solicitation of Construction -Phase Work. A CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the Work other than CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 26 of fit Revised May 2022 minor work that may be included in the Construction Documents. CMAR may seek to self- perform portions of the Work by submitting its Bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and upon a determination by City that the CMAR's bid or proposal provides the best value for the City. B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that does not disclose the contents of the Bid or proposal during the selection process to a person not employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the City on request and to the public after the later of the award of the Contract or the seventh day after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City requires another Bid or proposal to be accepted, City shall compensate the CMAR by a change in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the City's requirement that another Bid or proposal be accepted. C. If a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a Contract after being so selected, the CMAR may fulfill, without advertising, the Contract requirements or select a replacement trade contractor or subcontractor to fulfill the Contract requirements. 6.04 Services, Materials, and Equipment A Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of Agreement, unless otherwise specified. 6.05 Project Schedule A CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and the General Requirements as it may be adjusted from time to time as provided below. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 27 of 67 Revised May 2022 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. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 606 Substitutes and "Or -Equals " A Whenever an item of material or equipment is specified or described in the Construction Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that: no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City by CMAR for review under the circumstances described below. "Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. The City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. CMAR certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Construction Documents. 2. Substitute Items: a. If in City"s sole discretion an item of material or equipment proposed by CMAR does not qualify as an "or -equal" item, it may be submitted as a proposed substitute item. b. CMAR shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 28 of fit Revised May 2022 or equipment will not be accepted by City from anyone other than CMAR. c. CMAR shall make written application to City for review of a proposed substitute item of material or equipment that CMAR seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute itemwill: 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 thatspecified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, CMAR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. CMAR shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. CMAR shall make written application to City for review in the same manner as those provided in Paragraph 6.06.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.B. City may require CMAR to furnish additional data about the proposed substitute. City will be the sole judge of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 29 of fit Revised May 2022 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. A Special Guarantee: City may require CMAR to fumish at CMAR's expense a warranty with respect to any substitute. CMAR shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys' fees) arising out of the use of substituted materials or equipment. E, City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.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: CMAR shall provide all data in support of any proposed substitute or "or - equal" at CMAR's expense. G City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Agreement by Change Order. 11 Time Extensions: No additional time will be granted for substitutions. 607 Concerning Subcontractors, Suppliers, and Others A Business Equity Ordinance Compliance. It is a City requirement to ensure the full and equitable participation by Minority and Women -owned Business Enterprises (collectively, "Business Equity Firms") in the procurement of goods and services pursuant to the Business Equity Ordinance. If the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply with the City's Business Equity Ordinance by complying with the requirements detailed in the RFP and by doing the following: 1. CMAR shall provide complete and accurate information to the DVIN regarding actual work performed, and payment therefor, by any Business Equity Firms under contract to CMAR. 2. CMAR's failure to make payments as provided by state law may, in addition to any other remedies provided by law, subject CMAR to penalties for violations as described in the Business Equity Ordinance. 3. CMAR will not make additions, deletions, or substitutions of accepted MBE/WBE firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. CMAR shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the CMAR that will substantiate the actual work performed by an MBE and/or WBE. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 15.02.A. Any such misrepresentation may subject CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 30 of 67 Revised May 2022 CMAR to disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. a CMAR shall be fully responsible to City for all acts and omissions of its Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the Contract Documents shall: 1. create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. create any obligation on the part of City to pay or to see to the payment of any monies due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. CMAR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CMAR. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through CMAR. E All Work performed for CMAR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CMAR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.08 Wage Rates A Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. CMAR or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Subcontractor, the City shall make an initial determination, before the 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 CMAR, Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the CMAR or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 31 of 67 Revised May 2022 wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. C Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the CMAR or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th 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. A Records to be Maintained. The CMAR and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the CMAR or Subcontractor in the construction of the Work provided for in this Agreement; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. E Progress Payments. With each progress payment or payroll period, whichever is more frequent, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas Government Code. F. Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all times. G Subcontractor Compliance. The CMAR shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 609 Patent Fees and Royalties A CMAR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. R 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 32 of fit Revised May 2022 specified in the Contract Documents. 6.10 Permits and Utilities A. CMAR obtained permits and licenses. CMAR shall obtain and pay for all construction permits and licenses except those provided for below, in the Supplementary Conditions, or Contract Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the effective date of the Agreement, except for permits provided by the City as specified in 6.10.B. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for below, in the Supplementary Conditions, or Contract Documents. It will be the CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes to the Work beyond the scope of any City -acquired permit, the 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 ifrequired: 1. Texas Department of Transportation Permits 2. U.S. Anny 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 CMAR's compliance with any Laws or Regulations. B. If CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be CMAR's responsibility to make certain that the Construction Documents are in accordance with Laws and Regulations, but this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 612 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase, rent or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 33 of 67 Revised May 2022 lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http:llwww.window.state.tx.us/taxinfo/taxforms/93-forms.htTnl 6.13 Use of Site and OtherAreas A. Limitation on Use of Site and 4therAreas: 1. CMAR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is carrying on operations in a portion of a street, right -of --way, or easement greater than is necessary for proper execution of the Work, the City may require the CMAR to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim. 4. CMAR shall indemnify and hold harmless City from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work CMAR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24- hours after written notice is given to the CMAR that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the CMAR. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 34 of 67 Revised May 2022 D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all properly disturbed by the Work. E. Loading Structures: CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 614 Record Documents A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate locations for buried and imbedded items. 615 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. CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction of the Work. S. 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,1fany, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 35 of 67 Revised May 2022 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 Communication Programs CMAR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.18 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR shall give City prompt written notice if CMAR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by CMAR in response to such an emergency, a Change Order may be issued. B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the CMAR written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the CMAR to take remedial action to correct the condition. In the event the CMAR does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the CMAR on the Project. 6.19 Submittals and Samples A. CMAR shall submit required Submittals and Samples to City for review and acceptance. Each Submittal or Sample shall be uniquely identified. 1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 36 of 67 Revised May 2022 and equipment CMAR proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.19.C. 3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CMAR from requirements shown on the Drawings and Specifications. 5. For -Information -Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. 6. Submit the required number of Samples as specified in the Supplemental Conditions. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.19.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of CMAR. C. City's Review: 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 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve CMAR from responsibility for complying with the requirements of the Contract Documents. 620 Continuing the Work Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 37 of 67 Revised May 2022 6.21 CALM 's General Warranty and Guarantee A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of CMAR's warranty and guarantee. B. CMAR's warranty and guarantee hereunder excludes defects or damage causedby: 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 Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents nor act as a release of CMAR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal byCity; d. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 38 of 67 Revised May 2022 or equipment are specifically required of CMAR by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. CMAR shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by CMAR's design professionals. D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.19.C. 6.23 Right to Audit A. The CMAR agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the CMAR involving transactions relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to all necessary CMAR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give CMAR reasonable advance notice of intended audits. 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 expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such 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 funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 (the "Act') as amended: CMAR shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 39 of 67 Revised May 2022 any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners; and such other contractors shall be responsible for procuring their own property, liability or workers compensation insurance, and CMAR shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents, then written notice thereof will be given to CMAR prior to starting any such other work. B. CMAR shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of CMAR's Work depends upon work performed by others under this Article 7, CMAR shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CMAR's Work except for latent defects in the work provided by others. 7.02 Coordination A If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 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 8.0I Communications to CMAR CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 40 of 67 Revised May 2022 City shall issue all communications to CMAR. 8.02 Furnish Data City shall timely: A. Provide to CMAR all criteria and full information as to its requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the Project's design or other information required under the Contract Documents. B. Provide to CMAR all non -confidential technical data in its possession which it may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by CMAR, all of which may be used and relied upon in performing services under the Agreement. 8.03 Pay When Due City shall make payments to CMAR in accordance with Article 14. 8.04 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.06 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for CMAR's failure to perform the Work in accordance with the Contract Documents. B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15. 8.07 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9 — CIITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Projec t R ep res en ta ti ve 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEc,rs Page 41 of 67 Revised May 2022 of the Work are set forth in the Contract Documents. 9.02 Visits to Site A City's Project Representative will make visits to the Site at intervals appropriate to the various stages of the Work as City deems necessary in order to observe the progress that has been made on the various aspects of the Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.06. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and CMAR, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed CMAR will determine the actual quantities and classifications of Work performed. City's Project Representative will review with CMAR the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on .Requirements of Contract Documents and Acceptability of Work A City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. R City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the CMAR, subject to the provisions of Paragraph 10.06. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 42 of 67 Revised May 2022 ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Charges 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 Execution 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 10.01.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 (111) agreed to by theparties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time forWork actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the CMAR shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The CMAR shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs CMAR incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 43 of fit Revised May 2022 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 Recision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision, A decision by City shall be required as a condition precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. written notice stating the general nature of each Contract Claim shall be delivered by the CMAR to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for CMAR to submit additional or more accurate data in support of such Contract Claim). 3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the provisions of Paragraph 12.02. 4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said event. C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the CMAR, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; or 2. 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; UNIT PRICE WORK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 44 of 67 Revised May 2022 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by CMAR in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to CMAR will be only those additional or incremental costs required because of the change in the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.01.B, but shall include, butnot be limited to, the followingitems: 1. payroll costs for employees in the direct employ of CMAR in the performance of the Work under schedules of job classifications agreed upon by City and CMAR . Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and CMAR shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the CMAR or returned to the supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of the Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CMAR or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by CMAR to its 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 CMAR. a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 45 of 67 Revised May 2022 ("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 Monthly Rate 30 days or more 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 11.01.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. b. 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, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 46 of 67 Revised May 2022 supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CMAR. c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by CMAR in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CMAR's fee. If, however, any such loss or damage to the Work that has been accepted by City requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for services, a fee proportionate to that stated in Paragraph 12.01. f The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds CMAR is required by the Contract Documents to purchase and maintain; the cost of all subcontractor bonds and/or an agreed -upon rate for subcontractor default insurance; and insurance at an agreed -upon rate. i. Costs of removal of debris from the site. j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the CMAR's written policies for personnel at or below the level of Project Superintendent. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 47 of 67 Revised May 2022 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. Legator mediation costs, other than those arising from disputes between the City and CMAR or reasonably incurred by the CMAR in the performance of the Work., except where covered under any indemnity by CMAR and only with the City's written permission. q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent as defined in the Contract Documents. 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 andtoilets. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 48 of 67 Revised May 2022 y. CMAR's contingency. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CMAR's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.I or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the CMAR's fee. 2 Expenses of CMAR's principal and branch offices other than CMAR's office at the Site. 3. Any part of CMAR's capital expenses, including interest on CMAR's capital employed for the Work and charges against CMAR for delinquent payments. 4. Costs due primarily to the negligence of CMAR , any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. 6 The CMAR's capital expenses, including interest on the CMAR's capital employed for the Work. 7. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.0l .A.3. g 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 11.01.B.1 above. 11. 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 Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. 12 City's Contingency (unless City has authorized by Change Order additional scope into GMP). 13. Allowance Items. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 49 of fit Revised May 2022 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0 LA and 11.0 LB, 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. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall accrue to the City if (1) before making the payment, the CMAR included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR 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. 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 AllowanceslContingency A. CMAR's Contingency 1. Any and all contingency funds proposed by CMAR shall be mutually agreed upon between the City and CMAR and included in the GMP. 2 is available for the exclusive use of CMAR for unanticipated costs the CMAR has incurred that are not the basis for a Change Order under the Contract Documents. Examples may include but are not limited to trade buy-out differentials, overtime or acceleration, escalation of materials costs, correction of defective, damaged, or nonconforming Work, or subcontractor defaults. 3. These funds shall not be used to increase the GMP under the Contract Documents. 4 CMAR shall provide City notice of all anticipated charges against CMAR's contingency and shall provide monthly accounting of the balance including all reasonably foreseen future uses or potential uses of this contingency. B. City's Contingency 1. City may hold its own contingency funds as determined solely by City which shall not be included in the GMP. 2 City's contingency funds are available for the exclusive use of the City to utilize in connection with this project. Any utilization of these funds shall be negotiated between the CMAR and the City and approved by a Change Order. 3. The City's Contingency is not available to the CMAR for any reason unless explicitly authorized by Change Order. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 50 of fit Revised May 2022 C. Allowance Item: 1. Any and all Allowance Items, as well as their corresponding Allowance values, are set forth at the GMP proposal and are included within the GMP. 2 Allowance Items may be based on design information then available to determine reasonable estimates for the Allowance Items. Examples may include non -critical path work, utility reimbursements, and pass -through items. 3. No work shall be performed on any Allowance Item without CMAR first obtaining in writing advanced authorization to proceed from City. D. Prior to Final Payment, appropriate documentation 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, if necessary, shall be correspondingly adjusted. 11, 03 Unit Price Work A. Where the Construction Documents provide that all or part of the Work is to be Unit Price Work, initially the GMP will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial GMP. Determinations of the actual quantities and classifications of Unit Price Work performed by CMAR will be made by City subject to the provisions of Paragraph 9.05. C. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the GMP in accordance with Paragraph 12.02 if. 1. the quantity of any item of Unit Price Work performed by CMAR differs materially and significantly from the estimated quantity of such item indicated in the Construction Documents; and 2 there is no corresponding adjustment with respect to any other item of Work.. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work may be paid for with allowance or contingency funds. 2. If the changes in quantities or alterations significantly change the character of work, the Agreement will be amended by a Change Order in accordance with Article 10. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 51 of 67 Revised May 2022 4. A significant change in the character of work occurswhen: 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 Compensation. Where CMAR may be entitled to additional compensation, the calculation to determine such additional compensation shall not include any costs or expenses for any home - office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples of which include: project site trailer, project site utility costs, project site supervision, Project Engineer (billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs. ARTICLE 12 — CMAR'S FEE, CHANGE OF CONTRACT 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 GMP may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 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 where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.02.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's Construction Services Fee. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEc'rs Page 52 of fit Revised May 2022 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 ChangeOrder. S. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or CMAR can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 Delays A. Where CMAR is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of CMAR, and that affected Work is within the Contract Time, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. E. 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 ofCMAR. C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of CMAR. Delays, labor shortages, logistical challenges for material delivery, and supply chain issues attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control ofCMAR. D. The CMAR shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its Engineer or consultants, or utility owners or separate contractors, including without limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 53 of 67 Revised May 2022 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. a If Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. 1. City will coordinate such testing with 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 responsible for paying for any and all retests. CMAR's cancellation without cause of City initiated testing shall be deemed a negative deemed a negative result and require retest. 3. Any amounts owed for any retest under this Section 13.03 ❑ shall be paid directly to the Testing Lab by CMAR. City will forward all invoices for retests to CMAR. 4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense. G. CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 54 of 67 Revised May 2022 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. a If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs and/or time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of CMAR , any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 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. R 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, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 55 of 67 Revised May 2022 or if the repair of any damages to the land or areas made available for CMAR's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, CMAR shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 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. a If CMAR does not promptly comply with the terns of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CMAR. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of six months after the end 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. R 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 Work and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 56 of 61 Revised May 2022 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 Paragraphl3.06.A, or if CMAR fails to perform the Work in accordance with the Contract Documents, or if CMAR fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to CMAR, correct or remedy any suchdeficiency. 11 In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere. CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.09. C, All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against CMAR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the 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 CMAR AND COMPLETION 14.01 Schedule of Values The Schedule of Values will serve as the basis for progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applicationsfor Payments: 1. CMAR is responsible for providing all information as required to become a vendor of the City. 2. CMAR shall submit to City for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The CMAR's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 57 of 67 Revised May 2022 documentation warranting that CMAR, on behalf of 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 an account of the Work have been applied on account to discharge CMAR's legitimate obligations associated with prior Applications forPayment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications forPayment: 1. City will, within 30 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application for Payment to CMAR indicating reasons for refusing payment. In the latter case, CMAR may make the necessary corrections and resubmit the Application for Payment. I 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 tailed 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 representedthat: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by City or entitle City to withhold payment to CMAR, or c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of the Work. 4. City may refuse to process the whole or any part of any payment due to evidence or the results of inspections or tests, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the CMAR or his CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 58 of fit Revised May 2022 subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in the current or previous Applications forPayment; 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. 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. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where CMAR has delivered a Speci#ic bond satisfactory to City to secure the satisfaction and discharge ofsuch Liens; b. there are other items entitling City to a set-off against theamount 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 s❑ withheld. City shall pay CMAR the amount so withheld, or any adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for such action. 14.03 CMAR's Warranty of Title CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 59 of fit Revised May 2022 A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with CMAR's performance of the remainder of the Work. City at any time may notify CMAR in writing to permit City to use or occupy any such part of the Work which City and CMAR determine to be ready for its intended use, subject to the following conditions: 1. CMAR at any time may notify City in writing that CMAR considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and CMAR shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify CMAR in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from CMAR that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with CMAR; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. CMAR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the CMAR between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by CMAR, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to CMAR a letter of Final Acceptance. 14.07 Final Payment A. Application for Final Payment: 1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied by: a. all documentation called for in the Contract Documents(except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.03; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 60 of 67 Revised May 2022 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 unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages; and c. after all Damage Claims have been resolved: i) directly by the CMAR; or ii) CMAR provides evidence that the Damage Claim has been reported to 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 Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of CMAR's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CMAR to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of ContractClaims. B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 Waiver of Claims The acceptance of final payment by CMAR will constitute a release of the City from all claims or liabilities under the Agreement for anything done or furnished or relating to the Work under the Contract Documents or any act or neglect of City related to or connected with the Agreement. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 61 of 67 Revised May 2022 15.01 City May Suspend Work A At any time and without cause, City may suspend the Work or any portion thereof by written notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the CMAR, and should it be determined by mutual consent of the CMAR and City that a solution to allow construction to proceed is not available within a reasonable period of time, CMAR may request an extension in Contract Time, directly attributable to any such suspension. C If it should become necessary to suspend the Work for an indefinite period, the CMAR shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and CMAR shall take every precaution to prevent damage or deterioration of the work performed; CMAR shall provide suitable drainage about the work, and erect temporary structures where necessary. D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A The occurrence of any one or more of the following events, by way of example but not of limitation, may justify termination for cause: 1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents {including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule, as adjusted from time to time; 2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05. 4. CMAR's disregard of Laws or Regulations of any public body havingjurisdiction; 5. CMAR's repeated disregard of the authority ofCity; 6. CMAR's violation in any substantial way of any provisions of the Contract Documents; 7. CMAR's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; 8. Substantial indication that the CMAR has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 62 of 67 Revised May 2022 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. a If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, CMAR, and Surety do not agree to allow the CMAR to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare CMAR in default and formally terminate the CMAR's right to complete the Agreement. CMAR's default shall not be declared earlier than 20 days after the CMAR and Surety have received notice of conference to address CMAR's failure to perform the Work. 2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 calendar days after the date of written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude CMAR and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, CMAR shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely finished. If the unpaid balance of the 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 excess will be paid to CMAR, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, CMAR or Surety shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 5. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to CMAR or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from CMAR or Surety for CMAR's failure to timely complete the Work. CMAR shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as provided CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 63 of 67 Revised May 2022 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 15,02.13, CMAR's services will not be terminated if CMAR begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within not more than 30 days of receipt of said notice. D. Where CMAR's services have been so terminated by City, the termination will not affect any rights or remedies of City against CMAR then existing or which may thereafter accrue. Any retention or payment of moneys due CMAR by City will not release CMAR from liability. E To the extent that CMAR has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A City may, without cause and without prejudice to any other right or remedy of City, terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the CMAR specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. a After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City, the CMAR shall: 1. Stop work under the Agreement On the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Agreement as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or un-fabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of thetermination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Agreement had been completed, would have been required to be furnished to the City; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 64 of 67 Revised May 2022 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 deemedwaived. F. In such case, CMAR shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the CMAR's Fee". CL 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 Methods and Procedures 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 65 of 67 Revised May 2022 submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and CMAR shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or CMAR: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1, delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered electronically with a "read receipt verification" requested; or 3. In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, o r o v e r n i g h t d e l 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 otherparty. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receivingparty. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.63 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC'-1 S Page 66 of 67 Revised May 2022 hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of CMAR. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 67 of 67 Revised May 2022 2/17/23, 3:49 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FARTWORTI1 DATE: 12/13/2022 REFERENCE M&C 22-1047 LOG NAME: 20CROMWELL MARINE NO.: CREEK ROAD CMAR CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: (CD 7) Authorize Rejection of Responses to First Request for Proposals for Construction Manager at Risk Services for Cromwell Marine Creek Road Widening Improvements; Authorize Execution of a Construction Manager at Risk Agreement, from the Reissued Request for Proposals, with Sundt Construction, Inc. for the Cromwell Marine Creek Road Widening and Intersection Improvements Project from Boat Club Road (Farm Market 1220) and Marine Creek Parkway with a Preconstruction Phase Fee in the Amount of $120,000.00 and a Construction Phase Fee of 5.75% of the Cost of Work within the Project Construction Budget of $24,100,000.00 (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize rejection of all responses to the request for proposals received July 7, 2022, for Construction Manager at Risk Services for Cromwell Marine Creek Road Widening Improvements, and authorize execution of a Construction Manager at Risk Agreement, from the reissued request for proposals, with Sundt Construction, Inc. for the Cromwell Marine Creek Road Widening and Intersection Improvements project, from Boat Club Road (Farm Market 1220) and Marine Creek Parkway, with a preconstruction phase fee in the amount of $120,000.00 and a construction phase fee of 5.75\% of the cost of work within the project construction budget of $24,100,000.00. (City Project Number 101012). DISCUSSION: On June 9, and June 16, 2022, the City of Fort Worth (City) issued a Request for Sealed Proposals for Construction Manager at Risk Services for Cromwell Marine Creek Road Widening Improvements in the Fort Worth Star -Telegram. On July 7, 2022, the City received four (4) responses. These proposals have to be rejected due to the clerical error of failing to read out loud the preconstruction phase cost and construction phase fee as required by statute. The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Construction Manager at Risk Agreement (CMAR) contract, from the second request for proposals, with Sundt Construction, Inc. for the Cromwell Marine Creek Road Widening and Intersection Improvements project, from Boat Club Road (FM 1220) and Marine Creek Parkway, with a preconstruction phase fee in the amount of $120,000.00 and a construction phase fee of 5.75\% of the cost of work, approximately $1,385,750, within a project construction budget of $24,100,000.00. The total overall project budget is $39,779,237.00 which includes planning, design, land acquisition, project administration, construction, inspection, testing, utility relocations, and contingencies for the construction of a four -lane arterial street from Boat Club Road (FM 1220) to Marine Creek Parkway. Funding is budgeted in the 2022 Bond Program for the Cromwell -Marine Creek project. Due to factors including budget, schedule, and length, City staff determined that utilizing a CMAR for the project delivery would be most efficient for accomplishing the project. The CMAR method of project delivery is expected to reduce impacts on the traveling public during construction, minimize change orders and reduce the overall time for completion. By engaging a CMAR, the phasing and sequencing of the project will be overseen by a single construction manager, rather than it being managed by Transportation & Public Works (TPW) staff and delivered in different phases by possibly different contractors as could happen with the typical bid -build solicitations. On July 27, and August 4, 2022, the City of Fort Worth reissued the Request for Sealed Proposals for Construction Manager at Risk Services for Cromwell Marine Creek Road Widening Improvements. apps.cfwnet.org/council_packet/mc_review.asp?ID=30600&councildate=12/13/2022 1 /3 2/17/23, 3:49 PM M&C Review The City received four responses on August 11, 2022, from the contractors listed below: 1. Flatiron Constructors, Inc. 2. McCarthy Building Companies, Inc. 3. Keeley Construction 4. Sundt Construction, Inc. A selection team comprised of representatives of the TPW Department and the City's consultant Burns & McDonnell, Inc. reviewed and scored the submittals. The selection team reviewed the proposers' (a) Company Performance and Experience, (b) CMAR Pricing, (c) Key Personnel, (d) Project Approach, and (e) Compliance with Diversity & Inclusion Requirements. The individual scores were averaged for the final scores listed in the following table: Proposers Evaluation Factors a b c d e Totals Rank Sundt Construction, Inc. 10.0 3.6 17.8 54.0 Pass 85.4 1 McCarthy Building Companies, Inc. 9.8 4.4 16.2 54.6 Pass 85.0 2 Flatiron Construction, Inc. 9.2 3.6 15.8 41.6 Pass 70.2 3 Keeley Construction 7.8 3.0 10.4 26.4 Pass 47.6 4 Staff began negotiations with the top -ranked firm on September 28, 2022, and recommends that the City Council authorize execution of a contract with Sundt Construction, Inc. for CMAR services for the construction of Cromwell Marine Creek Road from Boat Club Road to Marine Creek Parkway. The following table demonstrates the funding history for the project: Fund Existing Funding 34018 - 2018 Bond Program $8,860,000.00 34027 - 2022 Bond Program $10,970,000.00 30108 -Transportation Impact Fee Cap $2,730,000.00 34017 - Tax Note 2017 $500,000.00 39008 - Trans Impact Fee Cap Legacy $270,000.00 Project Total $23, 1.00 MWBE OFFICE — The M/WBE Office has determined that there is no MBE Diversity goal for Pre - Construction Phase Services. Sundt Construction, Inc. is in compliance with the City's BDE Ordinance by committing to 6\% MBE participation for the Construction Phase Services of this CMAR project. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). The project is in COUNCIL DISTRICT 7. apps.cfwnet.org/council_packet/mc_review.asp?ID=30600&councildate=12/13/2022 2/3 2/17/23, 3:49 PM M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the Cromwell - Marine Creek project to support the approval of the above recommendation and execution of the contract. Prior to expenditures being made, the Transportation and Public Works Department has the responsibility to validate the availability of funds. ro Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year (Chartfield 2) Submitted for City Manager's Office by_ William Johnson (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 20CROMWELL MARINE CREEK ROAD CMAR.docx (CFW Internal) CPN101012CROMWELLMARINE MAP.pdf (Public) Form 1295 Certificate CFW Cromwell.pdf (CFW Internal) MC FID 101012.pdf (CFW Internal) Step 0 - 101012 Cromwell Marine Creek- Goal Request Form-2021 Signed 3.....pdf Sundt Construction, Inc SAM.pdf (CFW Internal) (CFW Internal) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=30600&counciIdate=12/13/2022 3/3 FORT WORTH,, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Agreement for Construction Manager at Risk M&C: 22-1047 CPN: 101012 CSO: DOC#: 1 Date: 2/15/2023 To: Name Department Initials Date Out 1' Bruce Bacon — CMAR bbbacon(c,sundt.com CMAR —initial e�W Mar 3, 2023 2. Jeff Williamson — CMAR ilwilliams(@sundt.com CMAR — signature w Mar 3, 2023 3. Misty Davila — Bus. Support TPW — initial M Mar 6, 2023 4. Alejandra Ayala - PM TPW — signature Mar 6, 2023 5. Raul Lopez — Program Mngr. TPW — initial Mar 10, 2023 6. Michael Owen — Interim AD TPW — initial o Mar 10, 2023 7. Lauren Prieur — Interim Dir. TPW - signature A Mar 12, 2023 8. Doug Black Legal - signature dvvb Mar 14, 2023 9. William Johnson CMO - signature X Mar 14, 2023 10. Jannette Goodall CSO — signature 5 Mar 14, 2023 11. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts(a)_fortworthtexas.gov at ext. 7233 for pick up when completed.