HomeMy WebLinkAboutContract 59073CSC No. 59073
THIS COPY IS FOR:
CONTRACTOR
CITY SECRETARY
PROJECT MANAGER
PMD FILE COPY
THE CITY OF FORT WORTH, TEXAS
Construction Contract
Construction Manager -at -Risk
Parks and Recreation Department
Forest Park Aquatics Center
PMD 2021-03
City Project # 103326
FORTWORTH.
MATTIE PARKER DAVID COOKE
MAYOR CITY MANAGER
Valerie Washington
Assistant City Manager
Richard Zavala
Director, Parks and Recreation Department
Steve Cooke
Director, Property Management Department
January 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Forest Park Aquatics Center Page 1 of 35
Steele & Freemen January 2023
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Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FOk
TWoRin
Create New From This M&C
DATE: 9/13/2022 REFERENCE NO.: M&C 22-0694 LOG NAME: 21 FOREST PARK POOL
DESIGN & CMAR
CODE: C TYPE: NON- PUBLIC CONSENT HEARING:
NO
SUBJECT: (CD 9) Authorize Execution of Amendment 1 to the Architectural Services Agreement with
Brinkley Sargent Wiginton Architects, Inc., in the Amount of $879,620.00 for a Total
Contract Amount of $979,520.00, and Authorize Execution of a Construction Manager at
Risk Contract with Steel & Freeman, Inc., in the Amount Not to Exceed $9,497,625.00,
Including an Owner's Construction Contingency Allowance, for a Total Project Budget of
$11,900,000.00, for the Forest Park Pool Replacement Project (2022 Bond Program) (City
Project No. 103326)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of Amendment 1 to the Architectural Services Agreement with Brinkley Sargent
Wiginton Architects, Inc., in the amount of $879,620.00 for a total contract amount of $979,520.00,
and;
2. Authorize execution of a Construction Manager at Risk contract with Steele & Freeman, Inc. in the
amount not to exceed $9,497,625.00, including an owner's construction contingency allowance, for
the Forest Park Pool replacement project.
DISCUSSION:
The Forest Park Pool Replacement project is included in the 2022 Bond Program and will replace the
existing pool and support facilities. In order to start the design process, a Request for Qualifications
was advertised in the Fort Worth Star -Telegram in August of 2021. The City of Fort Worth received
eleven proposals from design teams. These included; Bennett Partners, Brandsetter Carroll, Brinkley
Sargent Wiginton Architects, Dunaway Associates, EIKON Consulting Group, Fender/Andrade
Architects, GFF, Kimley-Horn & Associates, LPA, Oxley Williams Tharp Architects, and RPGA Design
Group.
On October 4, 2021, a selection team composed of members of the Park & Recreation Department,
Property Management Department, and Diversity & Inclusion Department, carefully reviewed these
submittals and after discussion and scoring, were able to establish a shortlist of three highly qualified
teams. These three teams were Brandsetter Carroll, Brinkley Sargent Wiginton Architects, and Kimley-
Horn & Associates.
Interviews were held on October 20, 2021. The selection team had an opportunity to meet the design
teams and discuss the project. While all three were certainly qualified, the interviews and scoring
indicated that Brinkley Sargent Wiginton, Inc. was the most qualified for this particular project.
SCORING MATRIX TABLE:
Design Team
Brinkley Sargent
Kimley-Horn &
Brandsetter
Interviews
Wiginton Architects
Associates, Inc.
Carroll, Inc.
Project Management
20
[20
20
Technical Approach
30
[29
27
Design Professional
10
�0
10
Qualifications
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elated Projects 30
Diversity & Inclusion I"
TOTAL
96
30 120
6 6
95 g�
Staff administratively executed a professional services agreement with Brinkley Sargent Wiginton
Architects to accomplish initial design options and pricing. The overall project costs are expected to
be as described in table below:
Forest Park Pool Replacement Budget
hitectural Design Fees (Including Amendment No. 1)
TOTALS
F1979,520.00
Anticipated CMAR Construction Cost (Including Owner's $9,497,625.00
Construction Allowance)
Project Administration Cost (Site Utilities, IT, Security, Project $1,422,855.00
Management, Contingency, FFE, Etc.)
PROJECT TOTAL 1 $11,900,000.00
It was determined that the Construction Manager at Risk (CMAR) would be the best delivery method.
Once a scope of work and initial budget was defined, a Request for Qualifications was advertised in
the Fort Worth Star -Telegram on September 23, 2021 and September 30, 2021. The City of Fort
Worth received five proposals from CMAR contractors (Hill & Wilkerson General Contractors,
McGough Construction, Reeder General Contractors, Inc., Steel & Freeman, Inc., and Tegrity
Contractors, Inc.).
A selection team composed of members of Park & Recreation Department, Property Management
Department, and the Office of Business Diversity carefully reviewed these submittals and after
scoring and much discussion were able to establish a shortlist of four highly qualified teams. After
ranking the proposals and conducting interviews, the selection team determined that the Steele &
Freeman Inc. proposal offered the best value to the City.
Reece Hill &
TEAM Steele & General Wilkerson McGough Tegrity
NAME iceman Contractors General Construction Contractors
Inc. Contractors
Proposed Fees 56 57
Experience
References 15 15
CMAR
PROJECTS
Experience
References 15 12
SIMILAR
TYPE
PROJECTS
Past Work ' 8 ' 8
in the City
�„ 60
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TOTALS 94 92 86 84 83
The Forest Park Pool Replacement project has been allocated $11,000,000.00 within the 2022 Bond
Program which will be appropriated to the project in a separate M&C. Available resources within the
General Fund will be used to provide interim financing until debt is issued. Once debt associated with
the project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement
expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the
bond election.
Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1
Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel
on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the
work is for action under a contract that will be or has been approved by City Council with notes in the
contract packages stating the fee is waived.
Business Equity — Brinkley Sargent Wiginton Architects, Inc. is in compliance with the City's
Business Equity Ordinance by committing to 19\% Business Equity participation on this project. The
City's Business Equity goal on this project is 14\%.
Steele -Freeman, Inc. is in compliance with the City's Business Equity Ordinance by committing to
25\% Business Equity participation on this project. The City's Business Equity goal on this project is
25\%.
Forest Park Pool is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval and adoption of the 2022 Bond Program
Fund appropriations by City Council, funds will be available in the current capital budget, as
appropriated, in the 2022 Bond Program Fund and the Tax Note 2021 C Fund for the Forest Park
ENFAC project to support approval of the above recommendations, execution of the amendment to
the agreement and contract. Prior to any expenditure being incurred, the Park & Recreation has the
responsibility to validate the availability of funds.
Fund Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
FROM
Fund
Department
Account
Project
Program
Activity
Budget
Reference #
Amount
ID
ID
Year
(Chartfield 2)
Submitted for City Manager's Office by: Dana Burghdoff (8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
21 FOREST PARK POOL DESIGN & CMAR funds availability_pdf (CFW Internal)
21 FOREST PARK POOL DESIGN Updated FID table.xlsx (CFW Internal)
CMAR 103326 SteeleFreeman CompMemo 6.28.22 GV.pdf (CFW Internal)
CompMemo 103326 BrinkleySergen2LgintonArchitects 5.24.22 GV.pdf (CFW Internal)
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M&C Review
Forest Park Pool Design map.pdf (Public)
Form 1295 for Fort Worth Forest Park Aquatic.pdf (CFW Internal)
Form 1295.pdf (CFW Internal)
SAMS REPORT - Brinkley Sargent Wiginton Architects.pdf (CFW Internal)
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NOTICE TO
CONSTRUCTION MANAGER -AT -RISK (CMAR)
OFFERORS
FOREST PARK AQUATICS CENTER
Proposals from Construction Manager -at -Risk (CMAR) Offerors for the Forest Park Aquatics Center Project
located at 2850 Park Place, Fort Worth, Texas will be received at the Architectural Services Office, City of Fort
Worth, 401 West 13th Street, Fort Worth, 76102, until 5:00 P.M on Thursday, May 26, 2022, and will be opened
and the names of the CMAR firms will be publicly read aloud approximately thirty minutes later in the Council
Chambers.
Refer to the attached Schematic Site Plans, (for reference only) that indicate the area of the project
A Pre -Proposal Conference will be held at 2:00 P.M., Wednesday, May 11, 2022 at the Architectural Services
conference room at 401 West 13t" Street, Fort Worth, 76102.
The last day for questions from prospective Offerors is at 5:00 PM on Friday, May 19, 2022.
The City will select the CMAR Contractor by using a two-step Request for Proposal (RFP) process. After
evaluating the submitted Proposals from the CMAR Offerors, the City will shortlist and interview up to three
Offerors. The City will then select and enter into negotiations with the Offeror. The City may discuss with the
selected Offeror, options for a scope or time modification and any price change associated with such modification.
The selected CMAR Contractor will provide Pre -construction Services including Constructability Reviews, Value
Engineering Recommendations and Estimating Services Fees to review during the various phases of the design
process. Once the construction documents are completed, the selected CMAR Contractor will provide a
Guaranteed Maximum Price (GMP) and construction performance period for each of the three major portions of
the work and all work combined. This GMP will be inclusive of Value Engineering and Estimating Services fees,
General Conditions, Construction Manager's Fee, contingency, bonds, insurance, and other agreed upon costs;
plus the City's General Contingency Allowance.
The City of Fort Worth will negotiate on Pre -Construction Services Contract, with up to three phases and negotiate
one Construction Services Contract with the selected CMAR firm determined to have made the Best Value offer.
Refer to the "Forest Park Aquatics Center Proposal Form". The contract will include the following:
• Estimated Construction Budgets
• City's General Contingency Allowance (7.5%) for use by the OWNER only and any Allowance remaining
at the end of construction will be retained by the OWNER. This Allowance will be included in the executed
construction contract.
Business Equity Firm Provisions
Business Equity Goal: 25%
Refer to the Special Instructions to Bidders documents for the Business Equity (M/WBE) Information. Business
Equity participation will be evaluated in awarding this contract. The goal will be applied to the GMPs when the
GMP agreements are reached. Offerors must submit an anticipated Business Equity Utilization Plan with their
CMAR Proposal submittal. To obtain a Certified M/WBE Firms Listing please go to:
https://www.fortworthtexas.gov/departments/diversity-inclusion/business-equity for additional assistance email
DVIN BEOffice(cDfortworthtexas.gov or call (817) 392-2674.
Upon completing the negotiations with the selected CMAR firm, the City will recommend to the City Council to
award the CMAR contract to the selected CMAR firm based on the negotiations and the agreed upon estimated
construction budgets for each of the three major tasks. The CMAR contract will be adjusted based on the agreed
upon Guaranteed Maximum Price (GMP) after the design is completed.
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The selected CMAR Contractor will be required to provide Payment and Performance Bonds and provide
Contractors General Liability and Statutory Workers Compensation Coverage once the GMP is agreed
upon.
CMAR Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General Conditions,
Drawings, and any other related documents through the City's Buzzsaw website at the following link:
//docs.b360.autodesk.com/shares/3221 e6d0-001 e-4937-9e79-42d6746ea1 be
For additional information contact the Project Manager, Ronald Clements, at (817) 392-8014 or email
Ronald. Clements(d_)fortworthtexas.gov for assistance. Or the Architect, Stephen Springs at (972) 960-9970 or
ssprings(@bsw-architects.com
Advertisement: April 28, 2022
May 5, 2022
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TABLE OF CONTENTS
• TABLE OF CONTENTS
• NOTICE TO CONSTRUCTION MANAGER -AT -RISK (CMAR) OFFERORS
• INSTRUCTIONS TO CONSTRUCTION MANAGER -AT -RISK (CMAR) OFFERORS
• PROPOSALFORM
• CONFLICT OF INTEREST AFFIDAVIT
• CONFLICT OF INTEREST QUESTIONAIRE (CIQ)
• CONFLICT DISCLOSURE STATEMENT (CIS)
• TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
• 2013 PREVAILING WAGE RATES
• FORT WORTH WEATHER TABLE
• CMAR CONSTRUCTION CONTRACT
• GENERAL CONDITIONS FOR CMAR CONSTRUCTION (separate attachment)
• PAYMENT BOND
• PERFORMANCE BOND
• CERTIFICATE OF INSURANCE
• CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
• PROJECT SIGN
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INSTRUCTIONS TO
CONSTRUCTION MANAGER -AT -RISK
(CMAR) OFFERORS
1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the
response to this Request for Proposals (RFP):
• Use the Proposal Form provided in this RFP document.
• Entries on the Proposal Form may be handwritten or typed.
• Acknowledge all addenda on the Proposal Form.
• Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice-
president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the
managing/general partner must sign the proposal.
• Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ
and Form CIS if required.)
• Cashier's check or an acceptable bidder's bond IS NOT REQUIRED for this Request for
Proposals.
• Provide 7 hard copies of the proposal
2. SELECTION OF CMAR CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the below criteria and ranking
evaluation.
In determining the Best Value Offeror, the City will consider:
A. Proposed Fees and Expenses (60 Points) - Refer to Project Proposal Form.
B. References and Experience in Executing CMAR Projects and Similar Type Projects (30 Points) -
References and experience of the Offeror, Project Manager, and Superintendent as demonstrated by
listing recently completed and current, "vertical" facilities, CMAR projects, including references with
names, positions, company names, and current telephone numbers; and list of subcontractors. Projects
that demonstrate creative applications of "value engineering" with the design team during the design
development/construction drawing phases are preferable.
C. Past Work in the City (10 Points) - Points shall be awarded for experience working on similar
projects within the city limits of the City of Fort Worth. Contractors with no experience in the City of Fort
Worth will receive 5 points. Contractors demonstrating strong experience will receive more than 5 points.
Contractors with poor examples may receive less than 5 points.
After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected
Offeror. The City and its architect may discuss with the selected Offeror options for a scope modification and any
price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end
negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract
is reached or all proposals are rejected.
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.
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A. All proposers shall note that the Business Equity Ordinance No. 25165-10-2021 (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 25%.
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 website at
https://www.fortworthtexas.gov/departments/diversity-inclusion/business-equity, or email
DVIN BEOffice(a-)fortworthtexas.gov. 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 it will comply with the Business Equity Goal(s), if any, when proposals/bids are sought from trade
contractors or subcontractors for performance of all major elements of the Work. At a minimum, the
preliminary Plan must certify that the Proposer will comply with the 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 planned efforts to comply with
Subsection E. herein.
Failure to submit a preliminary Plan may render a Proposer non -responsive and the Proposal may be
rejected.
E. At the time the Guaranteed Maximum Price proposal is submitted to the City, it shall be accompanied by the
then-CMAR's final 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:
■ A detailed description of the work to be performed by each Business Equity Firm;
■ The expected sub -contract value or percentage of the GMP construction cost for each phase of work
identified for each Business Equity Firm participant;
■ The timing of the major elements of the work including approximate advertising dates and provide the
same identification information for all non- Business Equity Firm participants
■ The Business Equity Firm company name, address, point of contact, email address, office and fax
telephone numbers of the subcontractors and suppliers and their respective participation;
■ The tier level, i.e., 1st 2na 3rd, etc. (if other than 1st tier, the plan must clearly identify the firm name and tier
from whom the Business Equity Firm will be receiving payment);
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■ The Business Equity Firm percentage level of commitment achieved and/or a Good Faith Efforts
statement;
The CMAR shall communicate with, and report compliance to, the City's Project Manager and the DVIN during the
Project including providing letter(s) of intent, purchase orders and/or executed sub -contract agreements (after
award by the CMAR) prior to the issuance of the notice to proceed of each relevant phase of the Work.
F. Business Equity Firms must be certified at the time each of the Work's major elements are bid or proposals
submitted, in order for the participation to be counted towards the established goal.
G. Failure to comply with the Business Equity utilization commitments in the Plan may subject the CMAR to
sanctions as provided in the Ordinance outlined in Attachment 3.
For additional information contact the DVIN at (817) 392-2674 or send email to
DVIN BEOffice(a)fortworthtexas.gov.
4. PROPOSAL SECURITY: This is NOT REQUIRED for this Request for Proposals.
5. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000 and when the
Guaranteed Maximum Prices (GMPs) are agreed upon, the successful Offeror entering into a contract for
the work will be required to give the City surety in a sum equal to the amount of the contract attributable to
each phase. The form of the bond shall be as herein provided and the surety shall be acceptable to the
City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section
2253, as amended.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the
United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under
federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is
authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request.
The City, in its sole discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which
are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor
shall immediately provide a new surety satisfactory to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been completed
and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract,
solely for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount
of the contract, conditioned on the faithful performance of the work in accordance with the plans,
specification, and contract documents. Said bond shall be solely for the protection of the City of Fort
Worth.
6. PRE -PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s)
of the work and the details of the requirements set out in these specifications to satisfy itself as to the
conditions which will be encountered relating to the character, quality, and quantity of the work to be
performed and materials and equipment required. The filing of a response by the Offeror shall be
considered evidence that it has complied with these requirements.
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7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on
this project.
8. CMAR OFFERORS SUBMITTALS: With their Request for Proposal submittal, Offerors are required to
submit the following additional information to the Property Management Department, Facilities Division
office, 401 W. 13th Street, Fort Worth 76102 in order to assist City staff in determining the Contractor's
capability of performing the work and in meeting City contract requirements:
• Contractor's CMAR Qualification Statement (AIA Form A305 or equivalent form), including client
references
• List of any Proposed Specialist or Subcontractors required for Pre -Construction Services
• Proof of insurability for Statutory Workers Compensation Insurance
• Conflict of Interest Affidavit
The Offerors Minority Business Enterprise (MBE) Utilization Plan Documentation will be required prior to
and evaluated as part of the Interview Phase. Refer to Section 2 (Selection of CMAR Contractor) and
Section 3 (Business Diversity Enterprise) for additional information on these submittals.
9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the
qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should an Offeror find any discrepancies in the Request for Proposals Documents, or should it be in doubt
as to their meaning, it shall notify the City at once. If required, the City will then prepare a written
addendum that will be available to all Offerors at the place designated for distribution of the Request for
Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda
are available and for securing copies prior to submitting a response to this request for sealed Proposals.
Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or
binding. No extras will be authorized because of failure of the contractor to include work called for in the
addenda.
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and include its
information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in
effect at time of the agreed upon Final Guaranteed Maximum Prices (FGMPs) for Phases I and II.
Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained,
must be submitted within five working days of agreed upon FGMP.
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales
taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by
this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be
required for each work location.
14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees.
Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the
property line. The Contractor will include all remaining fees from the electrical and gas companies in the
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Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for
installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities
within the property line of the project. Unless indicated otherwise on the plans, the contractor will be
responsible for costs and installations from the building side of the water meter and sewer tap.
15. INSTRUCTIONS TO OFFERORS: Offerors may access the Instructions to Offerors, any Addendum,
Sample Contract, General Conditions, Drawings, and any other related documents through the City's
Buzzsaw website at the following link:
https://docs.b360.autodesk.com/shares/3221 e6d0-001 e-4937-9e79-42d6746ea1 be
16. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services,
the testing of construction materials engineering, and the verification testing services necessary for the
acceptance of the construction work.
17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum Price
(GMP) and at the minimum, include the following: quality control submittals and approvals mobilization,
site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning,
and closeout.
18. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations
require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas
Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the
contract must supply the completed, signed and notarized Form 1295 to the City.
19. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Vendor shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of
all supporting employment eligibility and identity documentation for all employees, and upon request, provide
City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services
will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide
City with a certification letter that it has complied with the verification requirements required by this
Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City
shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
20. No Boycott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written
verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the Agreement.
21. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is
prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which
will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time
employees) unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that
Forest Park Aquatics Center Page 9 of 35
Steele & Freemen January 2023
vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
22. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges
that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts
2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the
City, with a company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate during the term of the contract against a firearm entity or
firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have
the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts
2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
23. Any oral communications are considered unofficial and non -binding with regard to this proposal.
Forest Park Aquatics Center Page 10 of 35
Steele & Freemen January 2023
STEELE & FREEMAN, INC.
CONSTRUCTION MANAGERS
January 12, 2023
Ronald Clements
City of Fort Worth
401 W 13th Street
Fort Worth, Texas 76102
Mr. Clements,
Here is the initial budget proposal as requested in order to enter into a Contract with the City of
Fort Worth, for the Construction of the Project noted below:
Forest Park Aquatic Center
2850 Park Place
Fort Worth, Texas
PMD2021-03
City Project # 103326
Initial Proposal Amount: $8,835,000.00
Owners Contingency: 5 662,625.00
Initial Contract Amount: $9,497,625.00
Initial Contract Amount will be adjusted by Change Order after Final Construction Documents
and Bidding is completed with the contract revised into a GMP amount at that time.
Respectfully,
4coepauw
Executive Vice President
1301 Lawson Rd., Fort Worth, Texas 76131 1 steelefreeman.com
Phone:817-232-4742 1 Fax:817-232-9113
FOREST PARK AQUATICS CENTER
PROJECT PROPOSAL. FORM (REVISED 5.12.2022)
TO: MR. DAVID COOKE
CITY MANAGER
ATTN: PURCHASING OFFICE
200 TEXAS STREET
. CITY OF FORT WORTH, TEXAS
FOR: Forest Park Aquatics Center
Fort Worth, Texas
Project PMD 2021-03
City Project # 1013326
Pursuant to the foregoing 'INSTRUCTIONS TO CONSTRUCTION MANAGER -AT -RISK (CMAR) OFFERORS", the
undersigned understands the amount of work to be done for the Preconstruction Services and Construction Services, and
hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work
as provided in the plans and specifications and subsequent agreed upon Guaranteed Maximum Price (GMP) and subject
to the inspection and approval of the Director of Property Management Department of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council and upon subsequent agreement to the GMP the Offeror, if the
agreement amount, exceeds $25,000.00, shall furnish acceptable Performance and Payment Bonds approved by the City
' of Fort Worth for performing and completing the Work within the time agreed to for the following sum, to wit:
1 DESCRIPTIONS AND COSTS OF ITEMS IN CMAR AGREEMENT
PRE -CONSTRUCTION SERVICES: including Constructability Reviews, Value Engineering Recommendations and
' Estimating Services Fees for:
$ 7 500.00
' CONSTRUCTION SERVICES: Based on an estimated total budget of $8,000,000.00, your standard practice regarding
project cost structure and your understanding of this project, complete the line items below. Items A through F should total
' $10,000,000.00. Percentages established here will be applied to the final GMP, These items are included In the total sot-
to -exceed estimated construction budget for the following "defined fees":
1 A) $ 8,370,744.00 Subcontractors Material Labor and Equipment (Lump Sum)
�
B 419 .) $ �74300 ,General Condition Expenses (Attach description of items included)
C) $ 300,000.00 Construction Management Fee (On Items A+B, Attach description of items included)
D) $ 0.00 , Any other Anticipated Costs (Attach description of items included if any are included)
E) $ 681,786.00 , Owners Construction Contingency Allowance. (7.5% of Items A+B+C+D. Remaining
1 Contingency allowance will be retained by the City)
I F) $ 227,727.00 Anticipated Cost of Insurance and Bonds (On Items A+B+C+D+E)
I
G) $ 100,000.00 Anticipated Cost of Site Demolition
Forest Park Aquatics Center
CMAR Page 10 of 67
April 2022-
A Project Schedule will be mutually agreed at the time the Guaranteed Maximum Price is developed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work.
The undersigned assures that Its employees and applicants for employment and those of any labor organization,
subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not
discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth
City Code Section 13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of
contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident
bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas)
that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas
resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in
order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications.
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must
check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal place of business, are required to
be percent lower than resident bidders by state law. '
1_1 Non-resident vendors in (give state), are not required to underbid resident bidders.
IX Our principal place of business or corporate offices are in the State of Texas.
Approved Performance and Payment Bonds for the faithful performance of this contract will be required upon agreement
of the Guaranteed Maximum Price (GMP). A bidder's bond or cashier's check is NOT REQUIRED with this Request for
Proposal.
Forest Park Aquatics Center Page 11 of 57
CMAR April 2022
BUSINESS EQUITY PROVISIONS (MWBE):
(For Proposals in excess of $50,000)
1 am aware that I must submit information concerning the Business Equity Provisions (MWBE) Utilization Plan with the
submittal of this Proposal in order to be considered RESPONSIVE. I will commit to the City's MWBE goals for this project.
Respectfully s mit
Steele & ree c.
By:
Sig1hael
ture
Mi D. Freeman President
Prin d Name of Principal _ Title
Address: 1301 Lawson Road
Street
Fort Worth 76107
City Zip
Phone: 817-232-4742
Fax: M-232-9113
Email: mfreeman@steelefreeman.com
Receipt is acknowledged of the following addenda:
Addendum No. 1:5/12/2022 /}� Addendum No. 2:
Addendum No. 3: Addendum Nol4:
Addendum No. 6: Addendum No. 6:
Forest Park Aquatics Center Page 12 of 57
CMAR April 2022
Item B: General Condition Expense
Forest Park Aquatics Center
Description of Items Included
Qty
Unit
Rate
Cost
SENIOR PROJECT MANAGER (10% Allocation)
42.00
weeks
306.79
12,885
PROJECT MANAGER
42.00
weeks
2,432.95
102,184
ASSISTANT PROJECT MANAGER (50% Allocation)
42.00
weeks
1,120.14
47,046
GENERAL SUPERINTENDENT (10% Allocation)
42.00
weeks
357.17
15,001
PROJECT SUPERINTENDENT
42.00
weeks
2,877.55
120,857
ASSISTANT SUPERINTENDENT (50% Allocation)
42.00
weeks
1,161.95
48,802
TRUCK ALLOWANCES/VEHICLE EXPENSES
10.00
months
2,183.60
21,836
FIELD OFFICE
10.00
months
1,960.00
19,600
OFFICE SUPPLIES/EQUIPMENT
10.00
months
469.00
4,690
COURIER, FED EX, ETC.
JOB PHONE, INTERNET SERVICE, COMPUTERS, (PADS, ROUTER
CELLULAR PHONES
10.00
10.00
10.00
months
months
1 months
150.00
1,875.00
659.20
1,500
18,750
6,592
TOTAL
419,743
Item F: Anticipated Cost of Insurance & Bonds
Forest Park Aquatics Center
Breakdown
Fee
Cost
Payment & Performance Bonds
0.81 %
$ 81,000
Umbrella, GL, Auto Insurance
0.24%
$ 24,000
Professional Liability/Pollution
0.06%
$ 6,000
Builder's Risk Insurance
0.10%
$ 10,000
Subcontractor Default Insurance 85% x Item A
1.50%
$ 106,727
TOTAL
$ 227,727
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached
CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below
pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required
documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website
links provided below.
hftp://www.ethics.state.tx.us/forms/CIQ.pdf
hftp://www.ethics.state.tx.us/forms/CIS.pdf
CIQ Fo m is on file with City Secretary
X I CIQ Fo m is being provided to the City Secretary
CIS For is on File with City Secretary
X CIS For is being provided to the City Secretary
BIDDER:
Steele & Freeman, Inc.
Company (Please Print)
Signature: Address 1301 Lawson Road
President Title: City/State/Zip (Please Print)
Fort Worth, TX, 76131
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
Forest Park Aquatics Center Page 13 of 57
CMAR April 2022
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity Page 2
5. Name of local government officer with whom filer has affiliation or business relationship.
(Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer
has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the
filer of the questionnaire?
❑ Yes ❑ No Not applicable.
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the
local government officer named in this section AND the taxable income is not from the local governmental
entity?
❑ Yes ❑ No Not applicable.
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
❑ Yes ❑ No Not applicable.
D. Describe each affiliation or business relationship.
Not applicable.
6. Describe any other affiliation or business relationship that might cause a conflict of interest.
None.
7.
May 26, 2022
Signattire of pe son doing business with the governmental entity Date
Forest Park Aquatics Center Page 15 of 57
CMAR April 2022
LOCAL GOVERNMENT OFFICER FORM CIS
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular OFFICE LISEONLY
Session.
This is the notice to the appropriate local governmental entity that the following local Date Received
government officer has become aware of facts that require the officer to file this statement in
Name of Local Government Officer
Not Applicable.
Office Held
Not Applicable.
Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code
Not Applicable.
Description of the nature and extent of each employment or other business relationship and each family relationship
with vendor named in item 3.
Not Applicable.
List gifts accepted by the local government officer and any family member, if aggregate value of the gifts
from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).
Date Gift Accepted N/A Description of Gift N/A
Date Gift Accepted N/A Description of Gift N/A
Date Gift Accepted N/A Description of Gift N/A
(attach additional forms as necessary)
AFFIDAVIT
I swear under penalty o rjury that the above statement is true and correct. I acknowledge
that the disclosure pli s to ach family member (as defined by Section 176.001(2), Local Government Code) of this local
government officer 1 a o nowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),
Local Governme C de
+: My Notary ID # 129MI83
Signature of ocal vernment Officer ±'F o's h+e EX*W $epWn*ef 12, 2022
J
AFFIX NOTARY STAMP / SEAL ABOVE 7771
1/y►�' '►(��±���1(� �n
Sworn to and subscribed before me, by the said 1' I �CJ� 1�1.¢'� ' ' "" ' ' this the �W day
017
of JAN 20 to certify which, witness my hand and seal of office.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Forest Park Aquatics Center Page 16 of 57
CMAR April 2022
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
OFFICE USE
This questionnaire is being filed in accordance with chapter 176 of the Local
ONLY
Government Code by a person doing business with the governmental entity.
Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code.
An offense under this section is a Class C misdemeanor.
1. Name of person doing business with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than September 1 of the year for which an activity described in Section 176.006(a), Local Government
Code, is pending and not later than the 7th business day after the date the originally filed questionnaire
becomes incomplete or inaccurate.)
3. Describe each affiliation or business relationship with an employee or contractor of the local
governmental entity who makes recommendations to a local government officer of the local
governmental entity with respect to expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local government officer and
who appoints or employs a local government officer of the local governmental entity that is the
subject of this questionnaire.
Forest Park Aquatics Center Page 15 of 35
Steele & Freemen January 2023
LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local
government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent,
administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a
local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor.
This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the
seventh business day afterthe date on which the officer becomes aware ofthe facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code.
An offense under this section is a misdemeanor.
Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form.
Part 1 - INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of
the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other
business relationship with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer
one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with
the local government officer as defined by Section 176.001(2-a), Local Government Code.
4. Description of the nature and extent of each employment or other business relationship and each family
relationship with vendor named in item 3. Describe the nature and extent of the employment or other business
relationship the vendor has with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer
as defined by Section 176.001(2-a), Local Government Code.
5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100.
List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the
local government officer or family member of the officerfrom the vendor named in item 3 that in the aggregate exceed $100 in
value.
6. Affidavit. Signature of local government officer.
Local Government Code S 176.001(2-a): "Family relationship" means a relationship between a person and another
person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by
Subchapter B, Chapter573, Government Code.
Part 2 - Local Government Code & 176.003(a)(2)(A):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) 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.
Forest Park Aquatics Center Page 18 of 35
Steele & Freemen January 2023
01-339 (Back)
kM (R.,4-1318)
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of purchaser, firm or agency
City of Fort Worth, Texas
Address (Street & number, P.O. Box or Route number) Phone (Area code and number)
200 Texas Street 817-392-8360
City, State, ZIP code
Fort Worth, Texas 76102
I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable
items described below or on the attached order or invoice) from:
Seller: All Vendors
Street address: City, State, ZIP code:
Description of items to be purchased or on the attached order or invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor
vehicle.
Purchaser claims this exemption for the following reason:
Municipality, Governmental Entity
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I understandthatitisa crimina/offense togive an exemption certificate to the sellerfortaxable items that! know, atthe time ofpurchase,
willbe usedin a manner otherthan thatexpressedin thiscertificate, anddependingon the amountoftaxevaded, the offense mayrange
from a Class C misdemeanor to a felony of the second degree.
Purchaser
he e `
Title
Finance Director/CFO
Date
SAAIV1
NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax "Exemption Numbers" or "Tax Exempt' Numbers do not exist.
This certificate should be furnished to the supplier.
Do not send the completed certificate to the Comptroller of Public Accounts.
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION DESCRIPTION
AC Mechanic
Wage
$
Rate
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
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, Clamshell, Backhoe, Derrick, D'Line Shovel
$
19.31
Forklift
$
16.45
Foundation Drill Operator
$
22.50
Front End Loader
$
16.97
Truck Driver
$
16.77
Welder
$
19.96
Welder Helper
$
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled
by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's (The Construction Association) website.
www.texoassociation.org/Chapter/wagerates.asp
CITY OF FORT WORTH
WEATHER TABLE
Month
Average Days
of
IRairUSnowlice
Inches of Rainfa l
January
6
2.51
February
7
2.23
March
9
3.49
Aril
7
2.97
May
10
4.56
June
8
3.31
July
.4
1.83
ugus[
5
1.88
September
5
2.34
OCLober
7
3.65
Noveml]er
7
2.70
December
6
2.34
nnuaNy
81
33.81
(1) Mean number of days precipitation of 0.01 " or more or 112" snowfice
(2) Average normal precipitation, in inches
This table is based on information reported from Dallas -Fort Worth International Airport,
Texas_ Latitude 32 deg 54 min north, longitude 97 deg 92 min west, elevation (ground) 551 ft_
Average number of days of rain, snow, and ice days are based on records covering 21 years.
Precipitation is based on recorded information from 1996 through 2016 period_
This table is to be used as a baisis for calculation of excess rain or weather days for projects
with duration in calendar days. ff the site records indicate that the Contractor was unable to
carry out operations due to weather, it is counted as a weather day. If the number of weather
days exceeds the number of average rain days plus the snowlice days for the contract
duration, the contract will be adjusted by Change Order_
Fort Worth Weather Table 24Aphl21017
CITY OF FORT WORTH, TEXAS
CMAR CONSTRUCTION CONTRACT (LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OFTARRANT §
This Agreement is made effective as of the date signed by the Assistant City Manager below by and between
the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under
and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December,
A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of
Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City,
hereinafter called OWNER, and Steele & Freeman, Inc. of the City of Fort Worth, County of Tarrant, State
of Texas, hereinafter called CONTRACTOR.
CONTRACT DOCUMENTS: This Contract, General Conditions, Instructions to Offerors, Forest Park Aquatics
Center Project Proposal Form and Plans and Specifications to be added by the Architect at a later date are
attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of
any conflict between the terms and conditions of General Conditions, Instructions to Offerors, Como
Community Center Project Proposal Form and Plans and Specifications and the terms and conditions set
forth in the body of this Contract, the terms and conditions of this Contract shall control.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction
of certain improvements described as follows:
City of Fort Worth
Forest Park Aquatics Center
Fort Worth, Texas
Project PMD 2021-03
City Project # 103326
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with the
Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which
Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the
same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and
for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the
successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments
upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the
Contractor.
The agreed upon estimated construction budget amounts shall be a total of not -to -exceed $9,497,625.00.
These amounts include the City's General Contingency Allowance (7.5%) for use by the OWNER only and any
Allowance remaining at the end of construction will be retained by the OWNER.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
The performance periods in calendars for Phase I and calendar days for Phase II will be determined when the
Guaranteed Maximum Price is agreed upon for each phase.
INSURANCE REQUIREMENTS:
All insurance and bonds will be reauired once the Guaranteed Maximum Price is aareed upon.
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub -contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of the
Owner that the insurance coverage required herein shall include the coverage of all subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public liability
insurance coverage in the form of a Commercial General Liability insurance policy to cover
bodily injury, including death, and property damage at the following limits: $1,000,000 each
occurrence and $2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall be endorsed
accordingly.
• The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the project
and commensurate with the contractual obligations specified in the contract documents.
e. EXCESS LIABILITY UMBRELLA:
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability insurance required
herein. The policy shall follow the form(s) of the underlying policies.
SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for the
Contractor and its subcontractors, respectively, against damage claims which may arise from
operations under this contract, whether such operations be by the insured or by anyone
directly or indirectly employed by it, against any insurable hazards which may be encountered
in the performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE:
The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem acceptable.
All insurance requirements made upon the Contractor shall apply to the sub -contractors,
should the Contractor's insurance not cover the subcontractor's work operations performed in
the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage under
Contractor's workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the
contracted project.
C. Any failure on part of the Owner to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or coverage.
A ten days notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000 per
occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. The Owner must approve in
writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the Owner.
Owner shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self -funded or commercial coverage maintained by Owner shall not be
called upon to contribute to loss recovery.
In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could
give rise to a liability claim or lawsuit or which could result in a property loss.
I. Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
M. Upon the request of Owner, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the
contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and
Performance Bonds for the full amount of the contract. When the Guaranteed Maximum Prices (GMPs) for
Phases I and II are agreed upon, the successful Offeror entering into a contract for the work will be required to
give the City surety in a sum equal to the amount of the contract attributable to each phase. The form of the
bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder
shall meet the requirements of Texas Government Code Section 2253, as amended.
Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City
of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi-
tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated
damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and
his Surety shall be liable to the Owner for such deficiency.
IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall
complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment
eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms
and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor
shall establish appropriate procedures and controls so that no services will be performed by any employee who is
not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied
with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or
liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
No Boycott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance with Chapter 2274 of
the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract
contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company" and
"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as
added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's
signature provides written verification to the City that Vendor: (1) does not boycott energy companies;
and (2) will not boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except
as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,
R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or
more full-time employees) unless the contract contains a written verification from the company that it: (1) does
not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning
ascribed to those terms by Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the
Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice,
policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;
and (2) will not discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Dana BaraG7doff
By: Dana Burghdoff(MaQ, 202305:38 CDT)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
Date: Mar 20, 2023
Approval Recommended:
<'-L �
By. Steve o ke (Feb 10, 202317:10 CST)
Name: Steve Cooke
Title: Director, Property Management Dept.
4,dg444n��
FOR?�o�dd
Attest:lo
v_o o
Pvo o=d
pp0 * o o *�c
By:
Name: Jannette Goodall
Title: City Secretary
CONTRACTOR:
Steele & Freeman, Inc
By: Michael D. Freeman (Feb 3, 202315:13 CST)
Name: Mike Freeman
Title: President
Date: Feb 3, 2023
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.
By:
Name
Title:
Nikita N. Watts
Senior Capital Projects Officer
Approved as to Form and Legality:
By:
Y
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: 22-0694
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Bond #
PAYMENT BOND
K4022614A
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Steele & Freeman, Inc. known as "Principal" herein, and
Federal Insurance Company , 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, Nine Million, Four Hundred
Ninety -Seven Thousand, Six Hundred Twenty -Five Dollars and no Cents ($9,497,625.00), 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
, 2023, 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 CMAR for the Forest Park Aquatics
Center in Fort Worth, Texas (Project PMD2021-03) City Project # 103326.
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.
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 12023.
ATTEST:
Witness as to Principal
PRINCIPAL:
eeq.ha�,, Trestle.,—�
Name and Title
Address: 1301 Lawson Rd
Ft Worth, TX 76131
SURETY:
Federal Insurance Company
ATTEST: BY:
Signature
(Surety) Secretary
Witness as to Surety
Trace Tucker, Attorne%-in-Fact
Name and Title
Address: 121 N Rayner St
Ft Worth, TX 7611
Telephone Number:
817/336-8520
*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.
Bond # K4022614A
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Steele & Freeman, Inc. , known as
"Principal" herein and Federal Insurance Company 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, Nine
Million Four Hundred Ninety -Seven Thousand, Six Hundred Twenty -Five Dollars and no Cents
($9,497,625.00), 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 . 2023, 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 CMAR for the Forest Park Aquatics Center in Fort Worth, Texas (Project PMD2021-03)
City Project # 103326.
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.
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 �a , 2023.
rtness as to Principal
Witness as to Surety
PRINCIPAL:
Steele & Free nc.
BY:
Signature
Name and Title
Address: 1301 Lawson Rd
Ft Worth, TX 76131
SURETY:
Federal Insurance Company
Signature
Trace Tucker. Attorney -in -Fact
Name and Title
Address: 121 N Rayner St
Ft Worth, TX 76111
Telephone Number: 817/336-8520
*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.
�`� �®
CHUBB'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESM FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Bennett Brown, W. Lawrence Brown, Roberta H. Erb, Steven M. Tucker and
TracyTucker of Fort Worth, Texas------------------------------------------------------------------------------------------------------------------------------------------
each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCI3I±SIM FIRE INSURANCE
COMPANY and ACE AM UCAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 7th day of November, 2019.
Ikwn 11.Chlorc,�,.:,kF,i; tantSceretary
STATE OF NEW JERSEY
County of Hunterdon
Stephen M. Haney, Vice President
On this 7th day of November, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, tome known to be Assistant Secretary and
Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney,
being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE
COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and
know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
Notarial Seal KATHERINEJ AOELAAR
TAR NOTARY PUBLIC OF NEW JERSEY
No. 2316666
t COMMUlon Expires July 16, 2024 NoIM Public
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009:
"RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into in the ordinary course of business (each a "Written Commitment'):
0) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the
seal of the Company or otherwise.
(2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney -in -fact.
(3) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf ofthe Company, to appoint in writing any person the attorney -
in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular
Written Commitments.
(4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the
Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such
written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested."
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(ii) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companies at Whitehouse Station, M, this
0tt 0- .4�
Dawn %LChloros.,l;sistaruSecretaryu
1N THE EVENT YOU WISH TO VERIFY THE AUTHENTICrI'Y OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT:
Tele ,hone (908) 903-3493 Fax (908) 903-3656 e-mail: surer@chubb.com
Combined: FED-VIG-PI-WFIC-AAIC (rev. 11-19)
Policyholder Information Notice
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Chubb's toll -free telephone number
for information or to make a complaint at
1-800-36-CHUBB
You may contact the Texas Department of
Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should contact the agent fast.
If the dispute is not resolved, you may contact the
Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY•
This notice is for information only and does not
become a part or condition of the attached
document.
AVISO IMPORTANTE
Para obtener informacion o para someter una
quej a:
Usted puede llamar al numero de telefono gratis
de Chubb's para informacion o para someter una
queja al
1-800-36-CHUBB
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companfas, coberturas, derechos o quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente primero.
Si no se resueve la disputa, puede entonces
comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA:
Este aviso es solo para proposito de informacion y
no se convierte en parte o condicion del documento
adjunto.
Form 99-10-0299 (Rev. 1-08)
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's
compensation insurance coverage for all of its employees employed on City Project, CMAR for Forest Park
Aquatics Center in Fort Worth, Texas (Project PMD2021-03) City Project # 103326. Contractor further
certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its
subcontractor's certificates of compliance with worker's compensation coverage.
CONTRACTOR:
Steele & Freeman, Inc. By:
Company
1301 Lawson Road Sigr
Address
Fort Worth, TX, 76131
Title: President
City/State/Zip (Please Print)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
cy C4-� , known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed the same as the act and deed of S�c��•Z — VY2.e&(1Cy(1 f C for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this�day of *, 2022.
tg`!' MC43ICALGLAUBER
My Notary ID # 129962183
Expires Sept mber 18, 2W
Notary Public in and for thdUate of Texas
4'-0'
2' G„
2'0„
CENTERLINE OF
SIGN, LOGO &
TEXT INFORMATION
FORTWORTH.
"'I"
Project Title
Architect:
Architect's Name
Contractor:
Contractor's Name
FUNDED BY
(List Bond Fund, etc.)
SCHEDULED COMPLETION DATE
YEAR
SIGN COLOR & FONT:
BACKGROUND - WHITE
BORDER - 5116"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE)
TEXT - HELVETICA or AREAL, PMS 288 (BLUE)
FORT WORTH LOGO COLORS & FONT:
FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD
LONGHORN LOGO - PMS 725 (BROWN)
PROJECT DESIGNATION SIGN
City of Fort Worth, Texas
Facilities Management Department
Facilities Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
CONSTRUCTION MANAGER AT RISK
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting
forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, General Conditions, Special
Conditions, Specifications, Plans, Bonds and all Addenda and Amendments signed by all parties, Change Orders, written
Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or
contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment, Change Order
or Field Order signed by the Construction Manager at Risk ("CMAR") and the Owner.
A-3 WORK. By the term "Work" is meant all labor, supervision, materials and equipment necessary to be used or
incorporated in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in four originals, with all
required attachments, including required bonds and insurance certificates, by the CMAR and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of delivery to CMAR. Failure to execute contracts and
provide all required bonds and insurance will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a proposal, the CMAR shall examine carefully the proposal,
plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. They shall examine
the site of work and satisfy themselves as to the conditions that will be encountered relating to the character, quality and quantity of
work to be performed and materials to be furnished. The filing of a proposal by the bidder shall be considered evidence that they
have complied with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by
the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a
single unified Contract, the intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and
other items necessary for the proper execution and completion of the Work. Words that have well -recognized technical or trade
meanings are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the CMAR in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary
for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the
request of the CMAR, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such
schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or
furnished by the Architect, CMAR, or any subcontractor or materialman, or involving any question of fault or liability of any party, the
decision of the Owner shall be final and binding.
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and
dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;
and, Construction Contract.
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The CMAR will furnish to City three (3) sets of working
Drawings, Three (3) sets of Specifications, and one (1) set in electronic format prior to starting work. CMAR shall pay the cost of
reproduction for all other copies of Drawings and Specifications furnished to them.
A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of
disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in
order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included.
The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
federally funded Projects.
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A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of
construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
specified of vice -versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as
similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality
or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
Architects approval.
A-12 AGE In accordance with the policy ("Policy") of the Executive Branch of the federal government, CMAR covenants that
neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing
this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
CMAR further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or
persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory equipment.
CMAR warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allega-
tions asserted by third parties or subcontractor against City arising out of CMAR's and/or its subcontractors' alleged failure to comply
with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), CMAR warrants
that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of
CMAR or any of its subcontractors. CMAR warrants it will fully comply with ADA provisions and any other applicable federal, state
and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by
third parties or subcontractors against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the
above -referenced laws concerning disability discrimination in the performance of this agreement.
A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and
employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility
Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied
with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to
violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by
Vendor.
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SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to practice architecture
identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent
the Owner during the construction phase as directed by the Owner.
B-2 DUTIES OF THE ARCHITECT. As used herein, the term Architect means the Architect or their authorized representative.
Nothing contained in these Contract Documents shall create any privity of contract between the Architect and the CMAR.
B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER. The Architect will have authority to act as the representative of
the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available
for conferences and consultations with the Owner or the CMAR at all reasonable times.
B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and
progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract
Documents.
The Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to
determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations, the Architect
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General Conditions for Construction — Forest Park Aquatics Center January 2023
will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in
the Work of the CMAR. Based upon such observations and the CMAR's applications for payments, the Architect will make
determinations and recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts.
B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the CMAR, subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents
B-6 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and
Specifications. In addition, whenever, in its reasonable opinion, the Architect considers it necessary or advisable in order to insure
the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the CMAR to stop the
Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed.
B-7 MISCELLANEOUS DUTIES OF ARCHITECT
Shop Drawings. The Architect will review Shop Drawings and Samples as provided in Section D. The Architect will provide two
copies of each approved Shop Drawing and submittal to the Owner.
Change Orders: Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner through the Architect
in accordance with the provisions of Section L.
Guarantees: The Architect will receive on behalf of the Owner all written guarantees and related documents required of the CMAR.
Upon completion of the project the CMAR shall provide the Architect five copies of each guarantee. The Architect will provide three
copies of each guarantee to the Owner.
Inspections: The Architect will conduct inspections for the purpose of determining and making their recommendations concerning
the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the
Certificate of Substantial Completion.
Operation and Maintenance Manuals: The Architect will receive on behalf of the Owner one hard copy and two digital copies of all
applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor.
SECTION C
OWNER
C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director of the
Property Management Department, and members of the Facilities Management Division. Generally speaking a designated
representative will be identified from within the Facilities Division to act as a point of contact for day-to-day contract administration.
C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics, legal limits and utility
locations for the site of the Work; provided, however, that the CMAR hereby covenants that he has inspected the premises and
familiarized themselves therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on
the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the CMAR in the prosecution of the Work in such
manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the
request of the CMAR.
C-3 INSTRUCTIONS. The Owner shall issue all instructions to the CMAR through the Architect.
C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and
progress. The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract
Documents.
C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the
progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the
basis of on -site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will
approve and authorize the CMAR's applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications, the Owner will have authority to require the CMAR to stop the work or any
portion thereof, or to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the
Work whether or not such Work be then fabricated, installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and Architect that the Work is substantially
complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by
representatives of the Architect, Owner and CMAR. Items identified during this inspection as being incomplete, defective or deficient
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General Conditions for Construction — Forest Park Aquatics Center January 2023
shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be
prepared and signed by the CMAR, and accepted, approved and signed by the Owner.
C-8 RIGHT TO AUDIT:
CMAR agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the
right to examine any directly pertinent books, documents, papers and records of the CMAR involving transactions relating to this
contract.
CMAR further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term
"subcontract" as used herein includes purchase orders.
CMAR agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse CMAR for the costs of
copies at the rate published in the Texas Administrative Code.
C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the
project is terminated, the CMAR shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the
notice of termination.
After termination as above, the City will pay the CMAR a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. CMAR shall
submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the
event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City
Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION D
CONSTRUCTION MANAGER AT RISK (CMAR)
D-1 IDENTIFICATION. The Construction Manager at Risk ("CMAR") is the person or organization identified as such in the
Contract. The term CMAR means the Contractor or their authorized representative. The term Contractor is synonymous with CMAR
in their performance of the construction portion of the Project. The duties of the CMAR are as follows: CMAR shall work with the
Architect prior to construction to analyze the Architect's design, including the Plans and Specifications, to ensure the feasibility and
constructability of the Project design, and to assist in bringing the estimated construction cost of the Project within the Construction
Budget through value engineering, the selection of building systems and materials, cost estimating, scheduling, and other means,
without adversely affecting the capacity and quality of the Project; and
2. The CMAR will propose a Guaranteed Maximum Price ("GMP") for the construction of the Project, which is within the
Construction Budget, after or during completion of the pre -construction services.
3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of
subcontractors and prompt payment to the subcontractors.
D-2 INDEPENDENT CONTRACTOR. Contractor shall perform all work and services hereunder as an independent contractor,
not as an officer, agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the
details of the work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible
for the acts and omissions of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or
joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall
not apply.
D-3 SUBLETTING. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or
assigned to anyone else by said Contractor without the prior written consent of the Director of Property Management Department of
the City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of
the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any
error, inconsistency or omission he may discover. CMAR shall do no work without Drawings, Specifications and Interpretations.
D-5 SUPERVISION. CMAR shall supervise and direct the Work, using its best skill and attention. It shall be solely responsible
for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work
under the Contract Documents.
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D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, CMAR shall provide and pay for all labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services
necessary for the proper execution and completion of the Work.
CMAR will use its reasonable best efforts to hire or contract with local laborers, workmen and materialmen. This general condition is
not to be construed as limiting the right of the CMAR to employ laborers, workmen or materialmen from outside local area.
CMAR shall at all times enforce strict discipline and good order among its employees, and shall not employ any unfit person or
anyone not skilled in the task assigned to them.
D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code
(Chapter 2258), 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.
Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the
City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the
prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative
costs, pursuant to Texas Government Code 2258.023.
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 contractor or subcontractor, the City shall make an
initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe
that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial
determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final
determination of the violation.
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 (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do
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 11th 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.
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 in the construction of
the Work provided for in this contract; 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 the Audit section of these contract documents shall pertain to this
inspection.
Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the CMAR shall submit an affidavit stating
that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code.
Posting of Wage Rates. The CMAR shall post the prevailing wage rates in a conspicuous place at the site of the project at all times.
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.
On projects where special wage rates apply (e.g. Davis -Bacon) the CMAR agrees to meet all requirements of such programs.
D-8 WARRANTY. CMAR warrants to the Owner that all materials and equipment furnished under this Contract will be new
unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the
Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or
the Owner, CMAR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise
and Use Tax. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House
Bill 11, enacted August 15, 1991.
D-10 LICENSES, NOTICES AND FEES. CMAR shall obtain all Permits, Licenses, Certificates, and Inspections, whether
permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are
waived. Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are
kept active and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits.
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CMAR shall give all notices and comply with all laws, ordinances, rules, regulations and orders of any public authority bearing on the
performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance with any
such laws, ordinances, rules, regulations and orders in any respect, it shall promptly notify the Architect in writing and any necessary
changes will be made. If the Contractor performs any work knowing that it is in violation of, or contrary to, any of such Laws,
Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, CMAR will assume full
responsibility therefore and bear all costs attributable thereto.
D-11 CASH ALLOWANCES. CMAR shall include in the Contract Sum all allowances stated in the Contract Documents. These
allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes.
CMAR's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original
allowance shall be included in the GMP and not in the allowance. CMAR shall cause the Work covered by these allowances to be
performed for such amounts and by such persons as the Architect may direct, but it will not be required to employ persons against
whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the GMP shall be
adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field
overhead, profit and other direct expenses or savings resulting to the CMAR from any increase or decrease in the original
allowance.
D-12 SUPERINTENDENT. CMAR shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The
superintendent shall represent the CMAR and all communications given to the superintendent shall be binding as if given to the
CMAR. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in
each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the Owner for
the acts and omissions of all their employees and all Subcontractors, their agents and employees, and all other persons performing
any of the Work under a contract with the CMAR.
D-14 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and
Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in
accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and
if, in the completion thereof, the cost to the City shall exceed the contract price or prices set forth in the plans and specifications
made a part hereof, the CMAR and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized
statement of the total cost thereof, said excess cost.
D-15 PROGRESS SCHEDULE. CMAR, immediately after execution of the contract, shall prepare and submit for the
Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This
schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as
required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and
approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.
CMAR shall update the progress schedule monthly and submit to the Architect for approval with the CMAR's monthly progress
payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The CMAR shall maintain at the site for the Owner one copy of all
Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order
and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked
to record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect
will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work.
D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance
charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor,
and which illustrate some portion of the Work.
Samples are physical examples furnished by the CMAR to illustrate materials, equipment or workmanship, and to establish
standards by which the Work will be judged.
The CMAR shall review, stamp with its approval and submit, with reasonable promptness and in orderly sequence so as to cause no
delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings
and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop
Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the
CMAR shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract
Documents.
By approving and submitting Shop Drawings and Samples, the CMAR thereby represents that it has determined and verified all field
measurements, field construction criteria, materials, catalog numbers and similar data, and that it has checked and coordinated
each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an
assembly in which the item functions.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only
for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's
approval of a separate item shall not indicate approval of an assembly in which the item functions.
The CMAR shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop
Drawings or new Samples until approved. The CMAR shall direct specific attention in writing or on resubmitted Shop Drawings to
revisions other than the corrections requested by the Architect on previous submissions.
The Architect's approval of Shop Drawings or Samples shall not relieve the CMAR of responsibility for any deviation from the
requirements of the Contract Documents unless the CMAR has informed the Architect in writing of such deviation at the time of
submission and the Architect has given written approval to the specific deviation. Architect's approval of the shop drawings shall not
relieve the CMAR from responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-18 SITE USE. The CMAR shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by
the City Council of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of
the CMAR. CMAR shall take every precaution against injury or damage to persons or property by the action of the elements or from
any other cause whatsoever. The CMAR shall rebuild, repair, restore and make good at its own expense all injuries or damages to
any portions of the Work occasioned by any of the above, caused before acceptance.
D-19 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting, fitting or patching of its Work that may required to
make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or
any part of it.
D-20 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish. At the
completion of the Work it shall remove all its waste materials and rubbish from and about the Project as well as all its tools,
construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom -clean" or its
equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom -clean", CMAR shall
clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint
spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors.
If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor
D-21 COMMUNICATIONS. As a general rule, the CMAR shall forward all communications to the Owner through the Architect,
and in all other instances the CMAR shall furnish the Architect a copy of any communication sent directly to the Owner.
D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: CMAR shall observe and comply with the
requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the
Supplemental Conditions contained in the Project Manual.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the
work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in
gender and means a Subcontractor or their authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of their sub -subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS. The CMAR shall comply with all requirements of Section 271.118 and Chapter 252,
Texas Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall comply with the requirements
of Section of 271.1180), Texas Local Government Code.
CMAR must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements of work other than
General Conditions. To Self -Perform work, the CMAR must submit a bid or proposal in same manner as trade subcontractors and
subcontractors.
The CMAR shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner
and the Architect, unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the CMAR and the Subcontractor (and where appropriate between Subcontractors and Sub -
subcontractors) which shall contain provisions that:
1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. require that such Work be performed in accordance with the requirements of the Contract Documents;
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General Conditions for Construction — Forest Park Aquatics Center January 2023
3. require submission to the CMAR of applications for payment under each subcontract to which the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment;
4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the CMAR (via any Subcontractor or Sub -subcontractor where appropriate) in the
manner provided in the Contract Documents for like claims by the CMAR upon the Owner;
5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and,
6. obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall
be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub-
contract.
E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE (M/WBE)
The City will consider the CMAR's performance on other City Projects regarding its M/WBE program in the evaluation of bids.
Failure to comply with the City's M/WBE program, or to demonstrate a "good faith effort", shall result in a bid being considered
irresponsible.
Upon request, CMAR must provide the City with complete and accurate information regarding actual work performed by a Minority
or Women Business Enterprise (M/WBE) on the contract and proof of payment thereof. CMAR further agrees to permit an audit
and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an M/WBE.
The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the CMAR will be
grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to
false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will
result on the CMAR being determined to be irresponsible and barred from participating in City work for a period of time of not less
than three years.
CMAR shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to execution of
the contract. CMAR shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office.
The CMAR may count any tier subcontractors and/or suppliers toward meeting the goals. The CMAR may count toward its goal a
portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint
venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified by
either the North Central Texas Regional Certification Agency or by Texas Department of Transportation, Highway Division prior to
the award of the Contract.
Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to
perform the work. Whenever a change order is in excess of 10% of the original contract, the M/WBE coordinator shall determine the
goals applicable to the work to be performed under the change order.
During the term of the contract the CMAR shall:
1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and,
2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the CMAR had
represented he would perform with their forces, the CMAR shall notify the City before subcontracts or purchase orders are let,
and shall be required to comply with modifications to goals as determined by the City, and,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the CMAR desires to change or delete any of the M/WBE
subcontractors or suppliers.
Justification for change may be granted for the following:
1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance
2. Failure of subcontractor to provide required general liability or other insurance.
3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the CMAR in preparing
their M/WBE Participation plan
4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract.
Other reasons at the discretion of the M/WBE Coordinator
Before final payment from the City, the CMAR shall provide the M/WBE Office with documentation to reflect final participation of
each M/WBE subcontractor and supplier used on the project. Upon verification by the M/WBE Office that the CMAR has fulfilled it's
the M/WBE goal commitment with bond fide M/WBEs performing commercially useful functions, a recommendation will be made to
the Director, Transportation and Public Works that no reduction in fee should be withheld from the final payment.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work. The
CMAR shall also require each Subcontractor to make similar payments to their subcontractors.
If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the CMAR and not the fault of a
particular subcontractor, the CMAR shall pay that Subcontractor on demand, made at any time after the Certificate for Payment
would otherwise have been issued, for their Work to the extent completed, less the retained percentage.
The CMAR shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each
Subcontractor to make similar payments to their Subcontractors.
The Architect may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of
completion certified to the CMAR on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor
E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED
PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA
contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate.
Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in
this section.
No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of
contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government
departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially
from EDA grant fluids.
All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order
11246.
All subcontracts must contain a nondiscrimination clause.
Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts.
Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will
be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by
submitting a properly executed Department of Labor Form WH-347.
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the
maximum extent possible.
All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or
purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year.
Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC-
257.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the
Work. When separate contract are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case
shall be the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The CMAR shall afford other contractors reasonable opportunity for
the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate work with theirs.
If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractor, the CMAR
shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for
such proper execution and results. Failure of the CMAR to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper, except as to defects which may develop in the other separate contractor's work after the execution of the
Contractor's Work.
Should the CMAR cause damage to the work or property of any separate contractor on the site, the CMAR shall, upon due notice,
settle with such other contractor by agreement, if they will so settle. If such separate contractor sues the Owner on account of any
damage alleged to have been so sustained, the Owner shall notify the CMAR who shall defend against such suit at the Contractor's
expense, and if any judgment against the Owner arises therefrom, the CMAR shall pay or satisfy such judgment and shall reimburse
the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting, fitting or patching of
Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The
CMAR shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut
or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore.
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for
cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The Contractor must familiarize themselves and strictly comply with all Federal, State, and
County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those
engaged upon the work affecting the materials used. They shall indemnify and save harmless the City and all of its officers and
agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances,
Regulations, or Directives, whether by themselves, their employees, agents or subcontractors.
G-2 GOVERNING LAWS AND VENUE. It is mutually agreed and understood that this agreement is made and entered into by
the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas
with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions
of the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County,
Texas and contracts consents to such jurisdiction.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful
wrong.
G-4 COMPLIANCE WITH LAWS. CMAR agrees to comply with all laws, Federal, state and local, including all ordinances,
rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales
Tax.
CMAR and any subcontractors are responsible for obtaining construction permits from the governing agencies. CMAR shall
schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of
updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued
without charge. Water and sewer access fees and impact fees will be paid by the City. Any other permit fees are the responsibility
of the Contractor.
G-5 INDEMNIFICATION: CMAR covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for CMAR's sole negligence. In addition, CMAR covenants and agrees to indemnify, hold harmless and defend, at its
own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss,
property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed
hereunder by CMAR, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniurv,
damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or
employees. CMAR likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries
to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole
or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.
In the event Owner receives a written claim for damages against the CMAR or its subcontractors prior to final payment, final
payment shall not be made until CMAR either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a
release from the claimant involved, or (b) provides Owner with a letter from CMAR's liability insurance carrier that the claim has
been referred to the insurance carrier.
The Director may, if deemed appropriate, refuse to accept bids on other City of Fort Worth public work from a CMAR against whom
a claim for damages is outstanding as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to
the benefit of the parties hereto, their Successors or Assigns. CMAR shall not assign or sublet all or any part of this Contract or their
rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the
prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to them who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of $25,000. CMAR agrees, on the
execution of the contract to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
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General Conditions for Construction — Forest Park Aquatics Center January 2023
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the work, such bonds being as provided and required in Chapter 2253, Texas Government Code.
Bonds shall be made on the forms furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety
Company shall properly execute each bond.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made
for a period of 45 calendar days from the date the work has been completed and accepted by the Owner.
If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on
the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be
for the protection of the City of Fort Worth.
In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the Untied States
secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained
reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of
Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon
request. The Owner, in its sole discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any
litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will
be given to the CMAR to that effect and the CMAR shall immediately provide a new surety satisfactory to the Owner
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy
they may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued
deducting from the payments then or thereafter due the CMAR the cost of correcting such deficiencies, including the cost of the
Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the CMAR
are not sufficient to cover such amount, the CMAR or its surety shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS. The CMAR shall pay all royalties and license fees. He shall defend all suits or claims for
infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the
CMAR has reason to believe that the design, process or product specified is an infringement of a patent, they shall be responsible
for such loss unless they promptly give such information to Architect.
G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected, tested or approved, the CMAR shall give the Owner and Architect timely notice of its
readiness and the date arranged so they may observe such inspection, testing or approval. The Owner shall bear all costs of such
inspection, tests and approvals unless otherwise provided.
If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not
included above, the Owner will instruct the CMAR to order such special inspection, testing or approval, and the CMAR shall give
notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with
the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws, Statutes, Charter,
Ordinances, Regulations or Orders of any public authority having jurisdiction, the CMAR shall bear all costs thereof, including the
Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate
Change Order shall be issued.
The CMAR shall secure certificate of inspection, testing or approval, and two copies will be promptly delivered by them to the
Owner.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where
practicable, at the source of supply.
Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or
approvals by persons other than the CMAR shall relieve the CMAR from their obligations to perform the Work in accordance with
the Contract Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the CMAR may be
required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when approved
by the Owner. When it is necessary to interrupt the existing utilities, the CMAR shall notify the Owner in writing at least ten days in
advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum.
Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not
be subject to schedule at the time desired by the CMAR. In such cases, the interruption may have to be scheduled at a time of
minimum requirements of demand for the utility. The amount of time requested by the CMAR of existing utility services shall be as
approved by the Owner.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work.
Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work
affected is performed. Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory
workmanlike manner at the CMAR's sole expense.
The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents.
Prior to commencing work, the CMAR shall carefully compare and check all Architectural, Structural, Mechanical an Electrical
drawings; each with the other that in any affects the locations or elevation of the work to be executed by them, and should any
discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work
made necessary by failure or neglect on their part to comply with this function shall be done at the CMAR's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work, the CMAR shall verify all measurements at the site
or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on
account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be
found shall be submitted to the Architect for consideration and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The CMAR shall carefully check the site where the project is to
be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as
required, whether or not shown or specified at the CMAR's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the
Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the
Drawings.
Location of existing underground lines shown on the Drawings are based on the best available sources, but are to be regarded as
approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the CMAR to make certain in the
installation of jointed floor, wall and ceiling materials that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes
heating registers, light fixtures, equipment, etc.
If because of the non -related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the
above, the CMAR shall request the Architect to determine the most satisfactory arrangement. The CMAR shall establish centerlines
for all trades.
G-17 INTEGRATING EXISTING WORK. The CMAR shall protect all existing street and other improvements from damages.
CMAR's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the
ingress or egress to and from existing adjacent facilities.
Where new site work is to be connected to existing work, special care shall be exercised by the CMAR not to disturb or damage the
existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to
the Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not,
that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. CMAR shall exercise every
reasonable precaution to ensure that hazardous materials are not incorporated into any portion of the project, including advising all
materials suppliers and subcontractors of this requirement. The CMAR shall verify that components containing lead do not contact
the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be
brought to the Architect's attention immediately and the relocation determined in a joint conference. The CMAR will be held
responsible for the relocating of any items without first obtaining the Architect's approval. They shall remove and relocate such items
at their own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines
and or adjacent wall, floor or ceiling surfaces.
G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying
capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs
before they have attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the Architect and their approval thereof obtained before work is begun.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
G-22 CLEANING UP. The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by
employees, its subcontractors or as a result of the work.
At completion of work, the CMAR shall, immediately prior to final inspection of complete building, execute the following final cleaning
work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials.
1. Sweep and buff resilient floors and base, and vacuum carpeting.
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust, and if necessary wash, all plumbing and electrical fixtures.
6. Wash all glass and similar non -resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be
cleaned and touched -up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.
Surfaces that are waxed shall be polished.
8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of
buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall
be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth.
9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work
bright, clean and polished. Cost of this cleaning work shall be borne by CMAR.
10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications
shall be taken to indicate the required condition at the time of acceptance of all work under the Contract.
11. Burning: Burning of rubbish on the premises will not be permitted.
G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during
the construction period. If serious problems or complaints arise due to air -borne dust, or when directed by the Architect, operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION. The CMAR shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall
not be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage
will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and
removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or
cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot
metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the
premises.
The CMAR shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,
in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall
be neatly sawed or cut by CMAR in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical
surfaces. Care should be exercised not to damage any work that is to remain.
At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT.
Final Inspection, Record Drawings: Attention is called to General Conditions Section 4 entitled, "Payments and Completion."
Maintenance Manual: Sheets shall be 8'/2" x 11", except pull out sheets may be neatly folded to 8'/z "x 1 V. Manuals shall be bound
in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain:
1) Name, address and trade of all sub -contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing CMAR, manufacturer's local
representative, for each piece of operative equipment.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels, service entrance equipment and light fixtures.
4) Manufacturer's name, type, and color designation for resilient floors, windows, doors, concrete block, paint, roofing, other
materials.
Submit two digital electronic copies and 1 hard copy Maintenance Manuals, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The CMAR shall provide at its expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the CMAR to Architect. Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract.
The CMAR shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are
for longer periods, CMAR's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall
be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or their successor(s) in interest.
CMAR agrees to warrant its work and materials provided in accordance with this contract and the terms of the Technical
Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended
warrantees, the CMAR shall warrant all work materials, and equipment against defects for a period of one year from the date of final
acceptance. CMAR further agrees to bear all costs of making good all work that is found to be defective or not provided in
accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or
workmanship of the CMAR, the CMAR further agrees to bear all cost of repairing and/or replacing damaged items and components
to bring such items back to at least their original condition.
G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the CMAR to show variations between the
construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be
delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or
character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that
purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The
representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and
details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in
addition, the actual location of all sub -surface utility lines, average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE. At the CMAR's option, it may provide a substantial chain -link construction fence around all or
a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon
completion of the Project and restore the site to the required original or contract condition.
G-30 PRODUCT DELIVERY, STORAGE, HANDLING. CMAR shall handle, store and protect materials and products, including
fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting
delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary
long-term storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL. The CMAR shall remove salvaged material and equipment from the Project site
and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall
be carefully removed and delivered to the Owner at any location within the City limits as directed by the City.
G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive.
Bids on brands of like nature and quality will be considered. CMAR shall inform the City of any substitutions intended for the project
within 5 business days of execution of the contract. Failure to inform the City of substitute projects will obligate the CMAR to provide
the specified material. Within 14 days after execution of the contract and upon request of the architect or contractor, the CMAR will
submit a full sized sample and/or detailed information as required allowing the architect to determine the acceptability of proposed
substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified
equipment.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure
to complete punch list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the
contract.
The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be
the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion
thereof can be made only by the Owner, and no other form of acceptance will be binding upon the Owner.
A Calendar Da v constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a
"Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City
of Fort Worth.
A Working Day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other
conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven
hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the
Contractor from working on Saturdays if he so desires. Legal holidays for the City of Fort Worth are defined as being New Year's
Day, Independence Day, Labor Day, Thanksgiving Day, and the day after Thanksgiving, Christmas Day, Memorial Day and Martin
Luther King Jr. Day.
H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract.
CMAR shall begin the Work on the date of commencement as defined in this Section and carry the Work forward expeditiously with
adequate forces and shall complete it within the Contact Time.
H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred (300) feet of an occupied residential
structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as
follows:
Before 7:00 a.m. or after 8:00 p.m. Monday -Friday
Before 9:00 a.m. or after 8:00 p.m. Saturday -Sunday
H-4 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or
by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be
extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the
CMAR is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be
used as the basis for providing a fair and equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H-5 NO DAMAGE FOR DELAY. Not withstanding anything to the contrary contained herein, the CMAR shall never be
entitled to any compensation or damages for delay of any nature. In that regard, the CMAR shall receive no compensation for
delays or hindrances to the work, except when direct and unavoidable extra cost to the CMAR is caused by the failure of the Owner
to provide information or material. If any, which is to be furnished by the Owner. When such extra compensation is claimed a
written statement thereof shall be presented by the CMAR to the Architect and if found to be correct shall be approved and referred
by them to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is
caused by specific orders given by the Architect or Owner to stop work, or by the performance of extra work, or by the failure of the
Owner to provide material or necessary instructions for carrying on the work, then such delay will entitle the CMAR to an equivalent
extension of time, their application for which shall, however, be subject to the approval of the Owner and no such extension of time
shall release the CMAR or the surety on its performance bond from all their obligations here under which shall remain in full force
until the discharge of the contract.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
SECTION I
PAYMENTS AND COMPLETION
1-1 GAURANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price ("GMP") as stated in the Contract
Documents is the maximum amount potentially payable by the Owner to the CMAR for the construction of the Work. The Contractor
will be reimbursed for the actual cost for the construction including burdens up to the amount of the GMP. They will also be paid a
management fee according to the following schedule:
a. 20% of fee upon execution of the CMAR Agreement.
b. 50% of the fee during construction in proportion to the value of work completed
c. Up to 30% of the fee upon acceptance of work and issuance of Certificate of Occupation. The amount of the fee
authorized for payment will be in proportion to the percentage of contracted MWBE participation realized during the
project.
1-2 SCHEDULE OF VALUES. Before the first Applicable for Payment for construction, the CMAR shall submit to the Architect
a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total
expected construction cost or current GMP whichever is less, divided so as to facilitate payments to Subcontractors, prepared in
such form as specified or as the Architect and the CMAR may agree upon, and supported by such data to substantiate its
correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.
This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the CMAR's Applications for Payment.
1-3 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the CMAR will
make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed
during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse, such payments shall be conditioned upon submission by the CMAR of bills of sale
or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect
the Owner's interest including applicable insurance and transportation to the site.
CMAR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether
incorporated into the Project or not, will pass to the Owner upon the receipt of such payment by the CMAR , free and clear of all
liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment
covered by an Application for Payment will have been acquired by the CMAR, or by any other persons performing the Work at the
site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance
thereon is retained by the seller or otherwise imposed by the CMAR or such other person.
CMAR shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached
thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which
payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must
be attached before the pay request can be accepted.
1-4 CERTIFICATES FOR PAYMENT. If the CMAR has made Application for Payment, the Architect will, with reasonable
promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the
CMAR, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's
observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated;
that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning
whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and
recommendations to the Owner that the CMAR be paid in the amount certified. In addition, the Architect's approval of final payment
assures the Owner that the conditions precedent to the CMAR being entitled to final payment as set forth in this Section have been
fulfilled.
After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove it within ten days after it has been
delivered to the Director of the Property Management Department. For contracts less than $400,000, Owner shall pay 90% of the
approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be
retained by the Owner until Substantial Completion. For contracts in excess of $400,000, the Owner will retain only 5% of each
estimate until Substantial Completion.
No Certificate for Payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall
constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability and
responsibility in respect to any warranties or responsibility for faulty materials or workmanship. CMAR shall promptly remedy any
defects in the Work and pay for any damage to other work resulting there from that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified.
1-5 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold the
Certificate in whole or in part if in their opinion they are unable to make the representations to the Owner as provided in this Section.
The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or
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General Conditions for Construction — Forest Park Aquatics Center January 2023
subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be
necessary in their opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the CMAR to make payments properly to Subcontractors, or for labor, materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time; or
7) Unsatisfactory prosecution of the Work by the CMAR.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them, without
payment of interest. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if
the CMAR fails to perform the Work in accordance with the specifications or instructions of the Architect.
1-6 LIQUIDATED DAMAGES: The parties agree and acknowledge that actual damages are uncertain and difficult to
ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in
this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits.
Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated
below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated
damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The
deduction for liquidated damages shall be as follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less
$45
$15,001 to $25,000
$ 63
$25,001 to $50,000
$105
$50,001 to $100,000
$154
$100,000 to $500,000
$210
$500,001to $1,000,000
$315
$1,000,001to $2,000,000
$420
$2,000,001 to $5,000,000
$630
$5,000,001 to $10,000,000
$840
Over $10,000,000
$980
1-7 FAILURE OF PAYMENT If, without fault on the part of the CMAR, the Architect should fail to issue any Certificate for
Payment within seven days after receipt of the CMAR's Application for Payment, if the CMAR`s Application for Payment, or if,
without fault on the part of the CMAR, the Owner should fail to approve such estimate or to pay to the CMAR 90% or 95% (as
applicable) of the amount thereof within the period of time specified, then the CMAR may, upon seven (7) days additional written
notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received.
1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment, the CMAR must meet all
provisions for Project Closeout.
When the CMAR determines that the Work is substantially complete, the City shall inspect the project with the CMAR and the
contractor will prepare a "Preliminary Punch List".
When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, They then will
prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the CMAR to request a
Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall
state the responsibilities of the Owner and the CMAR for maintenance, heat, utilities, and insurance, shall set forth the remaining
work as a "final punch list". The CMAR shall complete the remaining work listed therein within 30 calendar days. When the
Certificate of Occupancy has been issued, the retainage may be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced
to 2.5%.
Should the CMAR fail to complete all contractual requirements of the contract, including submittals and final pay request within the
fixed time, the contract time will again commence. Should the CMAR fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the CMAR.
The CMAR shall submit the following items to the City prior to requesting final payment:
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General Conditions for Construction — Forest Park Aquatics Center January 2023
1) CMARs Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the Owner or their property might in any way be responsible, have been paid
or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) CMAR's Affidavit of Release of Liens (G706A), and,
4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising
out of the Contract, to the extent and in such form as may be designated by the Owner.
5) CMAR's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the CMAR may, at the
election of the Owner, furnish a bond satisfactory to the Owner to indemnify them against any right, claim or lien which might be
asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are
made. The CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or
lien, including all costs and reasonable attorney's fees.
The CMAR may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the CMAR
except those previously made in writing and still unsettled.
The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. . Prior to the
expiration of the one year warranty there will be a walk through attended by the Owner, Architect, and Contractor to identify any
items that need to be addressed. These items will be agreed upon by all parties and the contractor will complete the work within 30
days.
The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding
upon the Owner.
1-9 FINAL PAYMENT FOR UN -BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and
until all requirements have been met, with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS The CMAR shall be responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the Work. CMAR shall designate a responsible member of its organization at
the site whose duty shall be the prevention of accidents. This person shall be the CMAR's superintendent unless otherwise
designated in writing by the CMAR to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY. The CMAR shall take all reasonable precautions for the safety of, and shall
provide all reasonable protection to prevent damage, injury or loss to:
(1) all employees on the Work and all other persons who may be affected thereby;
(2) all the Work and all materials and equipment to be incorporated therein, whether in storage on or -off the site, under the care,
custody or control of the Contractor or any of their Subcontractors or Sub -contractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
Until final acceptance of the Work, it shall be under the charge and care of the CMAR, who shall take every precaution against injury
or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or
from the non -execution of the Work. CMAR shall rebuild, repair, restore and make good, at its own expense, all injuries or damages
to any portion of the Work occasioned by any of the above, caused before its completion and acceptance.
CMAR shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss. They shall erect and maintain, as required by
existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs
and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,
CMAR shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the CMAR, any
Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
shall be remedied by the CMAR.
The CMAR shall not load or permit any part of the Work to be loaded so as to endanger its safety.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of
work. Each contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat.
The CMAR shall enforce the wearing of hard hats by CMAR, employees and visitors. CMAR shall provide ten hard hats for use by
the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, CMAR shall act at their discretion to
prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the CMAR on account of
emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES. CMAR shall employ safe practices in handling materials and equipment used in performing
required work so as to insure the safety of workmen, City employees and the public. CMAR shall keep the premise free at all times
from accumulation of waste materials or rubbish, refer to D-23.
J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to
meet regulatory requirements. If the Proposal requires, the CMAR shall include a per -unit cost for trench safety measures in their
bid. If not included in the Proposal, the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in
their Schedule of Values.
SECTION K - INSURANCE
K-1 Insurance Required. The Contractor shall not commence work under this Contract until they have obtained all insurance
required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any
Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so
obtained and approved.
K-2 Workers' Compensation Insurance:
1) General
a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner (City) a certificate showing that it
has obtained a policy of workers compensation insurance covering each of its employees employed on the project in
compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section. See
attachment "A" for a sample Notice to Proceed.
b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. CMAR will not permit any
subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all
such certificates to the Owner (City).
c) By signing this contract or providing or causing to be provided a certificate of coverage, the CMAR is representing to the
City that all employees of the CMAR who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a
self -insured, with the Texas Worker's Compensation Commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the CMAR to administrative penalties, criminal penalties, civil penalties or other civil
actions.
d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to
declare the contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from
the City.
2) Definitions:
a) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by
the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing
services on a project, for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the CMAR's/person's work on
the project has been completed and accepted by the City.
c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing
all or part of the services the CMAR has undertaken to perform on the project, regardless of whether that person
contracted directly with the CMAR and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
3) Requirements
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General Conditions for Construction — Forest Park Aquatics Center January 2023
a) The CMAR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the CMAR providing services of the project, for the duration of the project.
b) The CMAR must provide a certificate of coverage to the Architect prior to the execution of the contract.
c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project, the
CMAR must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage
has been extended.
d) The CMAR shall obtain from each person providing services on a project, and provide to the City:
i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
ii) no later than seven days after receipt by the CMAR, a new certificate of coverage showing extension of coverage, if
the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The CMAR shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the CMAR knew
or should have known, of any change that materially affects the provision of coverage of any person providing services on
the project.
g) The CMAR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's
Compensation Commission, informing all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
h) The CMAR shall contractually require each person with whom it contracts to provide services on a project, to:
i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
ii) provide to the CMAR , prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project;
iii) provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts, and provide to the CMAR:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should
have known, of any change that materially affects the provision of coverage of any person providing services on the
project; and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the
certificates of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage.
a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text
in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COM ENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURANCE. CMAR shall procure and maintain during the term of this Contract such Liability Insurance as
shall protect them, Owner and any Subcontractor performing work covered by this Contract, from claims of damage which may arise
from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project,
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General Conditions for Construction — Forest Park Aquatics Center January 2023
whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by either of them
and the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non -owned and borrowed vehicles used in connection with
this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE.
Unless stated otherwise in the negotiated contract, the CMAR shall procure, pay for and maintain at all times during the term of this
Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion,
smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the GMP.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically
required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. The City must approve different
sub -limits for these coverages.
Consequential damage due to faulty workmanship and/or design performed by the CMAR or their agents shall be covered.
Upon completion of the Work, the CMAR shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE. The CMAR shall provide a certificate of insurance documenting the City of
Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the CMAR's insurance as documented on the
certificate of insurance. More than one certificate may be required of the CMAR depending upon the agents and/or insurers for the
CMAR's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS.
1) The City of Fort Worth shall be added as an additional insured, by endorsement, on all applicable insurance policies
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by CMAR and its subcontractor(s), if applicable, shall be authorized to do business in the State
of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as
their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of
at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, the City may accept a
less favorable rate.
4) Deductible limits on insurance policies and/or self -insured retentions exceeding $10,000 require prior written approval of the
City of Fort Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of
cancellation, non -renewal or material change in coverage regarding any policy providing insurance coverage required in this
Contract. A 10 day notice for failure to pay premium is acceptable.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.
Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance
requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including
endorsements thereto and, at its discretion, to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
12) CMAR agrees to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified
herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general
scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents.
A Change Order is a written order to the Contractor signed by the CMAR, Owner and the Architect, issued after the execution of the
Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the
Contract Time may be changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the CMAR or the City, shall be
coordinated with the Director, Property Management Department. A change order must be written and duly negotiated and
executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways:
1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated
in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon; or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon, the CMAR, provided he receives a Change Order, shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In
such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together
with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the Owner.
If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope
of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.
The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and
price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to
revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not
result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price -not -to -exceed figure for
approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above.
CMAR is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contract amount by over $100,000. Normal processing time for the City Staff to
obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days.
Owner and CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their
impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a
hardship on the Owner or the CMAR, the applicable unit prices shall be equitably adjusted to prevent such hardship.
If the CMAR claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2)
any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any written
order for a minor change in the Work, the CMAR shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the GMP or an
extension in the Contract Time, They shall give the Architect written notice thereof within a reasonable time after the occurrence of
the event that gave rise to such claim. This notice shall be given by the CMAR before proceeding to execute the Work. No such
claim shall be valid unless so made. Any change in the GMP or Contract Time resulting from such claim, if approved by the Owner,
shall be authorized by Change Order.
L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following
applicable percentage shall be added to Material and Labor costs to cover overhead and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed
fifteen percent
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the
Contractor shall not exceed ten percent
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General Conditions for Construction — Forest Park Aquatics Center January 2023
L-4 M NOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving
an adjustment in the GMP or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents. Such
changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and
shall be binding on the Owner and the CMAR.
L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents, or which order
minor changes in the Work without change in GMP or Contract Time. The CMAR shall carry out such Field Orders promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be
uncovered for observation and replaced, at the CMAR's expense.
If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered,
the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work is found to be in
accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner. If such work is found not to be in accordance with the Plans and Specifications, the CMAR shall pay such
costs unless it be found that this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK. The CMAR shall promptly correct all work rejected by the Owner or Architect as defective or
as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not
fabricated, installed or completed. The CMAR shall bear all costs of correcting such rejected Work, including the cost of the
Architect's additional service thereby made necessary.
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the CMAR shall correct it promptly after receipt of a written notice from the Owner to do
so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and
not generally. The Owner shall give such notice promptly after discovery of the condition.
All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary, and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The CMAR shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction.
If the CMAR does not remove such defective or non -conforming work within a reasonable time fixed by written notice from the
Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the CMAR. If the
CMA does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written
notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that
should have been borne by the CMAR including compensation for additional architectural services. If such proceeds of sale do not
cover all costs that the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change Order
shall be issued. If the payments then or thereafter due the CMAR are not sufficient to cover such amount, the CMAR shall pay the
difference to the Owner.
If the CMAR fails to correct such defective or non -conforming work, the Owner may correct it in accordance with Section G.
The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon them by
special guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING WORK. If the Owner prefers to accept defective or non-
conforming work, They may do so instead of requiring its removal and correction, in which case a Change Order will be issued to
reflect an appropriate reduction in the final payment to the CMAR, or, if the amount is determined after final payment, the CMAR
shall pay Owner the amount of the appropriate reduction.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CMAR. If the work is stopped for a period of 30 days under an order or any court or other public
authority having jurisdiction, through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other
persons performing any of the work under a contract with the CMAR, or if the work should be stopped for a period of 30 days by the
CMAR for the Owner's failure to make payment thereon as provided in Section I, then the CMAR may after the end of such period of
30 days and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract.
N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt, or if they make a general assignment for the
benefit of their creditors, or if a receiver is appointed on account of their insolvency, of if the CMAR refuses, except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if they fail to make prompt
payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents, then the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justify such
action, may, without prejudice to any rights or remedy and after giving the CMAR and their surety, if any, seven (7) days' written
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General Conditions for Construction — Forest Park Aquatics Center January 2023
notice, terminate the contract and take possession of the site and of all materials, equipment, tools, construction equipment and
machinery thereon owned by the CMAR and may finish the work by whatever method they may deem expedient. In such case the
CMAR shall not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services, exceed the unpaid balance of the
Contract, the CMAR shall pay the difference to the Owner.
Owner may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the
City. Termination will be effected by delivering to the CMAR a notice of termination specifying to what extent performance of the
work of the contract is being terminated and the effective date of termination. After receipt of termination the CMAR shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination.
After termination as above, Owner will pay the CMAR a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocated to the work not completed and further reduced by the amount of payments, if, any otherwise made. CMAR shall
submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the
event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City
Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION O
SIGNS
The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance
with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the GMP.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE. The CMAR shall furnish, erect, and maintain facilities and perform temporary work required in the performance
of this Contract, including those shown and specified.
P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the CMAR as to their proper and most efficient
utilization.
P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper, safe operating and sanitary
condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed
from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHEDS.
The CMAR is not required to provide a temporary field office or telephone for projects under $1,000,000. CMAR shall equip the
Project Superintendent with a cellphone and provide 24-hour contacts to the City.
The CMAR shall provide a temporary field office building for themselves, their subcontractors and use by the Architect. For
construction contracts with a price in excess of $1,000,000.00, the CMAR shall provide a separate field office for the City's field
representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and
each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to
accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time
during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and
equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices
shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the
Contract, CMAR shall remove the building from the premises. In addition to the drawing shelf, provide for the City field
representatives office: one desk, four chairs, plan rack and a four -drawer filing cabinet (with lock). Each office shall contain not less
than 120 square feet of floor space.
CMAR shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for their
use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed.
P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection (WIFI) for the City and
Architect.
P-6 TOILET FACILITIES. CMAR shall provide proper sanitary and adequate toilet facilities for the use of all workmen and
subcontractors employed on the project.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
P-7 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during
the construction. CMAR shall provide and install temporary utility meters during the contract construction period. These meters will
be read and the CMAR will be billed on this actual use. The CMAR shall provide all labor and materials required to tap into the
utilities. The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon
completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages,
pressures, frequencies, etc. will be available to the CMAR.
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on
the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water
to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide
pumps, tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding
machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets
so that 50 foot long extension cords will reach all work requiring light or power.
Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and
at such time that day -lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a
socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot
candles in the vicinity of work and traffic areas.
P-8 HEATING. Heating devices required under this paragraph shall not be electric. CMAR shall provide heat, ventilation, fuel
and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion
of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating,
ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the CMAR shall provide heat
ventilation prior and during the following work operations as follows:
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces
involved to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION
CMAR shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment,
rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the
Contract. Contractor shall coordinate the use and furnishing of scaffolds with their sub -contractors.
CMAR shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences,
barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for
the safety of workmen, City employees, equipment, the public and property.
All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the
authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard.
CMAR shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground
seepage, rainfall, drainage of broken lines.
CMAR shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a
night
CMAR shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements,
dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of
the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as
specified.
P-10 PROJECT BULLETIN BOARD. CMAR shall furnish, install and maintain during the life of the project a weather -tight
bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for
locking. The bulletin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees
of the Contractor and sub -contractors, and to applicants for employment. The bulletin board shall remain the property of the CMAR
and shall be removed by them upon completion of the Contract work. The following information which will be furnished by the City to
the CMAR, shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times
for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis -Bacon Act.
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General Conditions for Construction — Forest Park Aquatics Center January 2023
C. Safety Posters.
SECTION Q
VENUE AND JURISDICTION
Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in the state courts of Tarrant
County, Texas.
END OF GENERAL
CONDITIONS
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General Conditions for Construction — Forest Park Aquatics Center January 2023
FORT WTH
Attachment "A"
Date:
NOTICE TO PROCEED
Contractor
Address
Phone: (xxx) xxx-xxxx
Project Name:
Gentlemen:
Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the
referenced project on date. Prior to commencing work, it will be necessary for you to contact James Diestel,
Construction Superintendent, who will be in charge of subject project, and make arrangements with him to inspect
project construction. He may be contacted at (817) 392-8072.
Sincerely,
James Diestel
Construction Superintendent
Cc: M/WBE Office
File
PROPERTY MANAGEMENT DEPARTMENT
FACILITIES DIVISION
THE CITY OF FORT WORTH * 401 WEST 13TH STREET * FORT WORTH, TEXAS 76102
(817) 392-2586 * FAx (817) 392-8488
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General Conditions for Construction — Forest Park Aquatics Center January 2023