HomeMy WebLinkAboutContract 59217DocuSign Envelope ID: DEOD81308-0913D-4C1 B-A2DA-7C593D5188EA
CSC No. 59217
CITY OF FORT WORTH, TEXAS
CMAR CONSTRUCTION CONTRACT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 23,d day of March A.D., 2023, 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 11 th 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 or CITY, and Hunt -Byrne -Smith, a Joint Venture of the City of Dallas,
County of Dallas, State of Texas, hereinafter called CONTRACTOR or CMAR.
CONTRACT DOCUMENTS: This Contract, General Conditions and Plans and Specifications 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 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:
Fort Worth Convention Center — Phase 1
1201 Houston Street,
Fort Worth, TX 76102
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, which written notice shall be sent no later than
sixty (60) days after Owner and Contractor have agreed upon the GMP.
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 $30,000,000.00.
These amounts include the City's "Owner's Contingency" (7.5%) for use by the OWNER only and any
Savings, Contingency, Buy Out Savings and Allowances remaining at the end of construction will be
retained by the OWNER. Notwithstanding anything herein to the contrary, the estimated budget amounts
are not guaranteed by Contractor. Only the Guaranteed Maximum Price, once established via mutual
agreement of the parties, will be guaranteed by Contractor.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
The performance periods in calendar days will be determined when the Guaranteed Maximum Price is
agreed upon for each phase.
INSURANCE REQUIREMENTS:
All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon.
Notwithstanding anything in the Contract Documents to the contrary, prior to establishment of the
Guaranteed Maximum Price, upon mutual agreement of the Owner and Contractor, the Contractor may
implement a contractor -controlled insurance program ("CCIP") for this Project, in which case, the applicable
terms of this Contract related to insurance shall be modified, as appropriate, via a written amendment to
this Contract.
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub -contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
WORKER'S COMPENSATION INSURANCE:
• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public liability
insurance coverage in the form of a Commercial General Liability insurance policy to cover
bodily injury, including death, and property damage at the following limits: $1,000,000 each
occurrence and $2,000,000 aggregate limit.
The insurance shall be provided on a project specific basis and shall be endorsed
accordingly.
• The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
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.
EXCESS LIABILITY UMBRELLA:
0 $2,000,000 each occurrence; $2,000,000 aggregate limit.
DocuSign Envelope ID: DEOD81308-09BD-4C1 B-A2DA-7C593D5188EA
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 otherform 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:
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.
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 of coverage. A ten days' notice shall be acceptable in the event of
non-payment of premium. Contractor shall provide the Owner a minimum of thirty days'
notice of non -renewal or material change in policy terms.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000
per occurrence unless otherwise approved by the Owner.
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.
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.
DocuSign Envelope ID: DEOD81308-09BD-4C1 B-A2DA-7C593D5188EA
Owner shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could
give rise to a liability claim or lawsuit or which could result in a property loss.
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
DocuSign Envelope ID: DEOD8BO8-09BD-4C1 B-A2DA-7C593D5188EA
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.
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth
Dana Bu��G�doff
By: Dana Burghdoff (Ap 2, 202317:13 CDT)
Name: Dana Burghdoff, AICP
Title: Assistant City Manager
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.
Date: Apr 12, 2023
Approval Recommended: Name: Brian Glass
Title: City Architect
By; Steve o ke(Apr3,202315:49CDT) I Approved as to Form and Legality:
Name:Steve Cooke
Title:Director, Property Management Dept.
Attest:
A „�s
By:
Name: Jannette Goodall
Title: City Secretary
4,ppc4��n��
p 01 ` ....
0A o 0 oO�PP
�o
pvo o=c
�o0 0o—
aa�� nEa4S�p�
CONTRACTOR:
HUNT-BYRNE-SMITH, A JOINT VENTURE
DocuSigned by:
By; 6CA407E90623405...
Name: Robert F. Hart
Title: President, Hunt Construction Group, Inc.
Date: 04-03-2023 1 5:08 AM PDT
Name: John B. Strong
Title: Assistant City Attorney
Contract Authorization:
M&C: M&C 22-0971
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
CONSTRUCTION MANAGER -AT -RISK CONTRACT
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant 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. He shall examine the site of
work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be
performed and materials to be furnished. The filing of a proposal by the bidder shall be considered evidence that he has complied
with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the
plans will not be allowed.
A-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 him.
A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of
disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in
order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included.
The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
federally funded Projects.
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
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 quality or
quantity or work or materials that is most consistent with the overall intent of the Contract Documents, as reasonably determined by
the Architect, 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 allegations
asserted by third parties or subcontractor against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with
the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), CMAR warrants that
it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of
CMAR or any of its subcontractors. CMAR warrants it will fully comply with ADA provisions and any other applicable federal, state and
local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of CMAR's and/or its subcontractors' alleged failure to comply with the
above -referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to practice architecture identified
as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner
during the construction phase as directed by the Owner.
B-2 DUTIES OF THE ARCHITECT. As used herein, the term Architect means the Architect or his authorized representative.
Nothing contained in these Contract Documents shall create any privity of contract between the Architect and the CMAR.
B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER. The Architect will have authority to act as the representative of
the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available
for conferences and consultations with the Owner or the CMAR at all reasonable times.
B-4 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and
progress. The CMAR shall provide facilities for such access so the Architect may perform its assigned functions under the Contract
Documents.
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if
the work is proceeding in accordance with the Contract documents. On the basis of on -site observations, the Architect will keep the
Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the
CMAR. Based upon such observations and the CMAR's applications for payments, the Architect will make determinations and
recommendations concerning the amounts owing to the CMAR and will issue certificates for payment amounts.
B-5 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the CMAR, subject to the final decision of the Owner.
The 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.
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
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 his recommendations concerning the
dates of substantial completion and final completion.
Operation and Maintenance Manuals The Architect will receive on behalf of the Owner, six copies of all applicable equipment
installation, operation, and maintenance brochures and manuals required of the CMAR. The Architect will provide three copies of this
information to the Owner.
B-8 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner, the
Owner shall either assume the duties of the Architect through the Director of the Property Management Department (if such
assumption is appropriate given the level of completion of the Architect's services at the time of termination), or shall appoint a
successor Architect against whom the CMAR makes no reasonable objection.
SECTION C
OWNER
C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director of the
Property Management Department, and members of the Facilities Management Division. Generally speaking a designated
representative will be identified in writing 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 reviewed the surface conditions
of the premises and familiarized himself therewith. The locations of utilities and other obstacles to the prosecution of the Work as
shown on the Owner's survey are binding upon the Owner, and the Contractor may reasonably rely upon the accuracy and
completeness of any 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 Owner's representative.
C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress.
The CMAR shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents.
C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the
progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis
of on -site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will approve
and authorize the CMAR's applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications, the Owner will have authority to require the CMAR to stop the work or any
portion thereof, or to require the CMAR to stop the Work or any portion thereof, or to require special inspection or testing of the Work
whether or not such Work be then fabricated, installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the CMAR and Architect that the Work is substantially
complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by
representatives of the Architect, Owner and CMAR. Items identified during this inspection as being incomplete, defective, or deficient
shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be prepared
and signed by the CMAR, and accepted, approved and signed by the Owner.
C-8 RIGHT TO AUDIT:
CMAR agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the
right to examine any directly pertinent books, documents, papers and records of the CMAR involving transactions relating to this
contract.
DocuSign Envelope ID: DEOD81308-0913D-4C1 B-A2DA-7C593D5188EA
CMAR further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City
shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term
"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.
Notwithstanding anything in the Contract Documents to the contrary, mutually agreed upon lump sum amounts, fixed rates, fixed
charges and fixed multipliers shall not be subject to adjustment as the result of any audit by the Owner/City hereunder.
SECTION D
CONSTRUCTION MANAGER AT RISK (CMAR)
D-1 IDENTIFICATION. The Construction Manager at Risk ("CMAR") is the person or organization identified as such in the
Contract. The term CMAR means the Contractor or his authorized representative. The term Contractor is synonymous with CMAR in
his performance of the construction portion of the Project. The duties of the CMAR are as follows: CMAR shall work with the Architect
prior to construction to analyze the 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 Work, , after or during completion
of the pre -construction services. The CMAR shall use its best commercial efforts to propose a GMP that is within the Construction
Budget, but the CMAR does not guarantee that the GMP will be within the Construction Budget.
3. The CMAR will serve as general contractor for the Project during the construction phase including the selection of
subcontractors and prompt payment to the subcontractors.
D-2 INDEPENDENT CONTRACTOR. Contractor shall perform all work and services hereunder as an independent contractor,
not as an officer, agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the
details of the work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible
for the acts and omissions of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint
enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not
apply.
D-3 SUBLETTING It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or
assigned to anyone else by said Contractor without the prior written consent of the Director of Property Management Department of
the City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The CMAR shall carefully study and compare the Agreement, Conditions of the
Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error,
inconsistency or omission he may discover. CMAR shall do no work without Drawings, Specifications and Interpretations.
D-5 SUPERVISION. CMAR shall supervise and direct the Work, using its best skill and attention. It shall be solely responsible
for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under
the Contract Documents.
D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, CMAR shall provide and pay for all labor, materials,
equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services
necessary for the proper execution and completion of the Work.
CMAR will use its reasonable best efforts to hire or contract with local laborers, workmen and materialmen. This general condition is
not to be construed as limiting the right of the CMAR to employ laborers, workmen or materialmen from outside local area.
CMAR shall at all times enforce strict discipline and good order among its employees, and shall not employ any unfit person or anyone
not skilled in the task assigned to him.
D-7 PREVAILING WAGE RATE. CMAR agrees to pay not less than the general prevailing rate of per diem wages for work of
a similar character in the locality in which the Work is performed, and not less than the general prevailing wage of per diem wages for
a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract. CMAR agrees
to pay at least the minimum wage per hour for all labor as the same is classified and set out by the City of Fort Worth, Texas, a copy
of which is attached hereto and made a part hereof the same as if it were copies verbatim herein.
D-8 WARRANTY. CMAR warrants to the Owner and the Architect that all materials and equipment installed in the Project as
part of the Work 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. CMAR's warranty does not apply to work where damage is result of abuse or neglect by Owner or his successor(s)
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
in interest, alterations to the Work not executed by the CMAR, improper or insufficient maintenance by Owner or his successor(s) in
interest, improper operation by Owner or his successor(s) in interest, or normal wear and tear and normal usage.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-9 TAXES. CMAR is exempt from State Sales Tax on material incorporated into the finished construction, including Excise
and Use Tax. Notwithstanding the foregoing sentence, in the event such exemption is not available for any reason not attributable to
CMAR's negligence, Owner shall issue a Change Order equitably increasing the GMP in order to reimburse CMAR for any taxes,
fines, interest or penalties that CMAR is required to pay as a result of such exemption not being available.
D-10 LICENSES, NOTICES AND FEES. CMAR shall obtain all Permits, Licenses, Certificates, and Inspections, whether
permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived.
Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are kept active
and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits.
CMAR shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the
performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance with any
such laws, ordinances, rules, regulations and orders in any respect, it shall promptly notify the Architect in writing and any necessary
changes will be made. If the Contractor performs any work knowing that it is in violation of, or contrary to, any of such 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. Notwithstanding anything in the Contract Documents to the contrary, it
is understood and agreed that in the event of a change in any applicable ordinances, laws, rules, codes, and regulations, and all other
applicable requirements of authorities having jurisdiction over the Work, subsequent to the effective date of the GMP, that increase
the CMAR's cost or time of performance of the Work hereunder, CMAR and the Owner shall negotiate a Change Order equitably
adjusting the GMP and/or Contract Time, as appropriate.
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.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUBCONTRACTORS. The CMAR shall be responsible to the Owner for
the acts and omissions of all his employees and all Subcontractors, their agents and employees, and all other persons performing any
of the Work under a contract with the CMAR.
D-14 FAILURE TO COMMENCE WORK: Should the CMAR fail to begin the work herein provided for within the time herein fixed
or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract
Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance
with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the
completion thereof, the cost to the City shall exceed the contract price or prices set forth in the plans and 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, as part of its Guaranteed Maximum Price proposal, shall prepare and submit 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. 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 Owners representative and Architect with the CMAR's monthly
progress payment requests. This Schedule shall indicate the commencement and completion dates of the various stages of the
Work, including the dates when information and approvals are required from Owner. The Schedule shall be revised on a monthly
basis or as mutually agreed by the Parties. The document shall be a critical path method schedule (CPM). The CPM Schedule must
identify all major milestones through Project Final Completion. The CPM Schedule shall be created and maintained in accordance
with the Owner's Specifications using the Owner specified format and software. The Construction Schedule shall be developed and
managed using Primavera P6. During construction, a monthly schedule update shall be furnished to the Owner in both Adobe PDF
and native P6 .XER format.
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
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
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.
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. Except for injuries or damages for which there is applicable property insurance coverage, CMAR shall rebuild,
repair, restore and make good at its own expense all injuries or damages to any portions of the Work occasioned by any of the above,
caused before acceptance.
D-22 CUTTING AND PATCHING OF WORK. The CMAR shall do all cutting, fitting or patching of its Work that may require to
make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or
any part of it.
D-23 CLEAN UP. The CMAR at all times shall keep the premises free from accumulation of waste materials or rubbish. At the
completion of the Work it shall remove all its waste materials and rubbish from and about the Project as well as all its tools, construction
equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom -clean" or its equivalent,
except as otherwise specified. In addition to removal of rubbish and leaving the buildings "broom -clean", CMAR shall clean all glass,
replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears
from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors.
If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor
D-24 COMMUNICATIONS. As a general rule, the CMAR shall forward all communications to the Owner through the Owner's
representative, and in all other instances the CMAR shall furnish the Architect a copy of any communication sent directly to the Owner.
D-25 CMAR'S CONTINGENCY. In preparing the CMAR's Guaranteed Maximum Price proposal, the CMAR shall include a
contingency for the CMAR's exclusive use to cover any costs of performing the Work that are not the basis of a Change Order (the
"CMAR's Contingency").
D-26 BUYOUT CONTINGENCY The GMP proposal shall include a listing of all subcontract estimates in CSI MasterFormat. Buyout
is the difference the original estimated value for the services included as part of the detailed GMP minus the contracted value of
each subcontract from bidding the work. When subcontracts are executed, if the original estimate is greater than the actual
contracted amount, the difference shall be considered "buyout savings". All buyout savings shall accrue to a separate line item in
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
the schedule of values identified as the "Buyout Contingency". Like the CMAR's Contingency, the Buyout Contingency shall be
available for CMAR's exclusive use to cover any costs of performing the Work that are not the basis of a Change Order, however, it
will be tracked separately from the CMAR's Contingency.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the CMAR to perform any of the
work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in
gender and means a Subcontractor or his authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of his sub -subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS. The CMAR shall comply with all requirements of Section 271.118 and Chapter 252, Texas
Local Government Code, in advertising and awarding contracts to subcontractors. Owner shall comply with the requirements of
Section of 271.1180), 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,
Owner's representative and the Architect, unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the CMAR and the Subcontractor (and where appropriate between Subcontractors and Sub -
subcontractors) which shall contain provisions that:
1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under
the subcontract so that the subcontracting thereof will not prejudice such rights;
2. require that such Work be performed in accordance with the requirements of the Contract Documents;
3. require submission to the CMAR of applications for payment under each subcontract to which the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment;
4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the CMAR (via any Subcontractor or Sub -subcontractor where appropriate) in the
manner provided in the Contract Documents for like claims by the CMAR upon the Owner;
5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and,
6. obligate each Subcontractor specifically to consent to the provisions of this Section
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 Business Diversity Enterprise (BDE)
The City will consider the CMAR's performance on other City Projects regarding its BIDE program in the evaluation of bids. Failure to
comply with the City's BIDE 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 certified
Business Equity Firm 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 its possession that will substantiate the actual work performed by a certified Business Equity Firm. 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 certified Business Equity Firm subcontractors
prior to execution of the contract. CMAR shall also provide monthly reports on utilization of the subcontractors to the City of Fort
Worth Department of Diversity and Inclusion (DVIN) office.
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
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 certified Business Equity Firm's
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 a certified Business Equity Firm subcontractor or supplier, the certified Business Equity
Firm shall be given an opportunity to perform the work. Whenever a change order is in excess of 10% of the original contract, the
certified Business Equity Firm 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 certified Business Equity Firm participation commitments submitted with or
subsequent to the bid, and,
2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the CMAR had
represented he would perform with his forces, the CMAR shall notify the City before subcontracts or purchase orders are let, and
shall be required to comply with modifications to goals as determined by the City, and,
3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the CMAR desires to change or delete any of the certified Business
Equity Firm subcontractors or suppliers.
Justification for change may be granted for the following:
1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance
2. Failure of subcontractor to provide required general liability or other insurance.
3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the CMAR in preparing
his certified Business Equity Firm Participation plan
4. Default by the certified Business Equity Firm subcontractor or supplier in the performance of the subcontract.
Other reasons at the discretion of the certified Business Equity Firm Coordinator
Before final payment from the City, the CMAR shall provide the DVIN office with documentation to reflect final participation of each
certified Business Equity Firm subcontractor and supplier used on the project. Upon verification by the DVIN office that the CMAR
has fulfilled its certified Business Equity Firm goal commitment for the Project with bona fide certified Business Equity Firms performing
commercially useful functions, a recommendation will be made to the Director, Transportation and Public Works that no reduction in
fee should be withheld from the final payment.
E-5 PAYMENTS TO SUBCONTRACTORS. The CMAR shall pay each Subcontractor, upon receipt of payment from the Owner,
an amount equal to the percentage of completion allowed to the CMAR on account of such Subcontractor's Work. The CMAR shall
also require each Subcontractor to make similar payments to his subcontractors.
The CMAR shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each
Subcontractor to make similar payments to his Subcontractors.
The Architect may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of
completion certified to the CMAR on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work.
When separate contract are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be
the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The CMAR shall afford other contractors reasonable opportunity for
the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate his work with theirs.
If any part of the CMAR's Work depends for proper execution or results upon the work of any other separate contractor, the CMAR
shall inspect and promptly report to the Architect any discovered discrepancies or defects in such work that render it unsuitable for
such proper execution and results. Except as to any latent defects, failure of the CMAR to inspect and report shall constitute an
acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other
separate contractor's work after the execution of the Contractor's Work.
DocuSign Envelope ID: DEOD8B08-09BD-4C1 B-A2DA-7C593D5188EA
Should the CMAR cause damage to the work or property of any separate contractor on the site, the CMAR shall, upon due notice,
settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any
damage alleged to have been so sustained, the Owner shall notify the CMAR who shall defend against such suit at the Contractor's
expense, and if any judgment against the Owner arises therefrom, the CMAR shall pay or satisfy such judgment and shall reimburse
the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. Owner is
responsible for any damage to the Work caused by Owner or any separate contractors.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The CMAR shall do all cutting, fitting or patching of his
Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The
CMAR shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or
alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore.
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for cleaning
up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation
and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and
City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the
work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim
or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether
by himself, his employees, agents or subcontractors.
G-2 GOVERNING LAWS AND VENUE. It is mutually agreed and understood that this agreement is made and entered into by
the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas
with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of
the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County, Texas
and contracts consents to such jurisdiction.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function
and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong.
G-4 COMPLIANCE WITH LAWS. Subject to the terms of Paragraph D-10 above, 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, but only to the extent such injury, damage or
death is caused by the negligence of CMAR, 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 he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a CMAR against whom
a claim for damages is outstanding as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to
the benefit of the parties hereto, their Successors or Assigns. CMAR shall not assign or sublet all or any part of this Contract or his
rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the
prior written consent of Owner shall be void.
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail
to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of $25,000. CMAR agrees, on the execution
of the contract to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of
the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution
of the work, such bonds being as provided and required in Chapter 2253, Texas Government Code.
Bonds shall be made on the forms furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety Company
shall properly execute each bond.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for
a period of 45 calendar days from the date the work has been completed and accepted by the Owner.
If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the
protection of all claimants supplying labor and material in the prosecution of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on
the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be
for the protection of the City of Fort Worth.
In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the United States secretary
of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any
liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of
a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner, in its sole
discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any
litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be
given to the CMAR to that effect and the CMAR shall immediately provide a new surety satisfactory to the Owner
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the CMAR defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy
he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting
from the payments then or thereafter due the CMAR the cost of correcting such deficiencies, including the cost of the 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 , but the CMAR shall not be
responsible for all such defense or loss when a particular design, process or the product of a particular manufacturer or manufacturers
is specified; however, if the CMAR has reason to believe that the design, process or product specified is an infringement of a patent,
he shall promptly give such information to Architect.
G-11 INTERRUPTION OF EXISTING UTILITIES SERVICES. The CMAR shall perform the work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the CMAR may be
required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when approved
by the Owner. When it is necessary to interrupt the existing utilities, to the extent commercially practical given the circumstances and
the schedule for the Work, 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.
G-13 LAYING OUT WORK. The CMAR shall verify dimensions and elevations indicated in layout of existing work. Discrepancies
between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is
performed. Failure to make such notification shall place responsibility upon CMAR to carry out work in satisfactory workmanlike
manner at the CMAR's sole expense.
The CMAR shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents.
Prior to commencing work, the CMAR shall carefully compare and check all Architectural, Structural, Mechanical an Electrical
drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any
discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work
made necessary by failure or neglect on his part to comply with this function shall be done at the CMAR's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work, the CMAR shall verify all measurements at the site or
at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
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.
To the extent commercially practical, CMAR's operations shall be confined to the immediate vicinity of the new work and shall not
materially interfere with or materially 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 without increase
to the GMP.
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. He shall remove and relocate such items at his own
expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and or adjacent
wall, floor or ceiling surfaces.
G-20 OVERLOADING. The CMAR shall be responsible for loading of any part or parts of structures beyond their safe carrying
capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs
before they have attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the Architect and his approval thereof obtained before work is begun.
G-22 CLEANING UP. The CMAR shall keep the premises free from accumulation of waste material or rubbish caused by
employees, its subcontractors or as a result of the work.
At completion of work, the CMAR shall, immediately prior to final inspection of complete building, execute the following final cleaning
work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials.
1. Sweep and buff resilient floors and base, and vacuum carpeting
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
DocuSign Envelope ID: DEOD8B08-09BD-4C1 B-A2DA-7C593D5188EA
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 1 entitled, "Payments and Completion."
Maintenance Manual: Sheets shall be 8'/z" x 11", except pull out sheets may be neatly folded to 8'/i'x 11". 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.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels, service entrance equipment and light fixtures.
4) Manufacturer's name, type, and color designation for resilient floors, windows, doors, concrete block, paint, roofing, other
materials.
Submit two electronic and 1 hard copy Maintenance Manual, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The CMAR shall provide at its expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications.
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
This requirement shall be scheduled just prior to and during the initial startup. After all systems are functioning properly the
representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item.
G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required
by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the CMAR
to Architect. Delivery of guarantees shall not relieve CMAR from any obligation assumed under Contract.
The CMAR shall guarantee the entire Work for one year from the date of Substantial Completion of the Work. In addition, where
separate guarantees, for certain portions of the 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 a Certificate of Substantial Completion by the
Architect. Guarantees shall not apply to work where damage is result of abuse or neglect by Owner or his successors) in interest,
alterations to the Work not executed by the CMAR, improper or insufficient maintenance by Owner or his successor(s) in interest,
improper operation by Owner or his successor(s) in interest, or normal wear and tear and normal usage.
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 Substantial Completion
of the Work. 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. To the extent commercially practical given the particular substitution at
issue, CMAR shall inform the City of any substitutions intended for the project within 30 days of the establishment of the GMP. Within
30 days after a request for substitution is submitted, the CMAR will submit a full sized sample and/or detailed information as required
allowing the Architect to determine the acceptability of proposed substitution. Where equipment has been listed as "no substitute
accepted", the City will accept no alternates to the specified equipment.
G-33 WAIVER OF CONSEQUENTIAL DAMAGES. Notwithstanding anything in the Contract Documents to the contrary, neither
party shall be responsible or held liable to the other party for any indirect, incidental, special, exemplary, punitive or consequential
damages of any nature whatsoever arising out of or relating to the Contract, the Work or the Project, including without limitation,
liability for loss of use of property, loss of profits or other revenue, loss of product, increased expenses or business interruption,
however the same may be caused, all such claims being expressly waived by the parties. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's default under, or termination of, the Contract.
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.
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
The date of commencement of the Work is the date established in the Notice to Proceed, which Notice shall be issued by Owner
within 30 days after the GMP is established. In addition, that Notice shall specify a commencement date that is not more than 30 days
after the date the Notice to Proceed is issued by Owner. If Owner fails to issue a Notice to Proceed that complies with the above
referenced time periods, Contractor may withdraw its GMP proposal and if Contractor agrees to continue with the Work it shall do so
on a cost plus fee basis without any GMP.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof
can be made only by Owner, and no other form of acceptance will be binding upon the Owner.
A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a
"Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City
of Fort Worth.
A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions
not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between
7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working
on Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day will be charged as contract -working time
when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's
Day, Martin Luther King Day, Independence Day, Labor Day, Thanksgiving Day, the day After Thanksgiving, Christmas Day, and
Memorial Day. If Christmas Day or New Year's Day falls on a Saturday, the preceding Friday is a legal holiday. If Christmas Day or
New Year's Day falls on a Sunday, the following Monday will be a legal holiday.
H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract.
CMAR shall begin the Work on the date of commencement as defined in this Section and carry the Work forward expeditiously with
adequate forces and shall complete it within the Contact Time.
H-3 DELAYS AND EXTENSIONS OF TIME. If the CMAR is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by
changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond
the CMAR's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by
Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the CMAR is delayed
due to abnormal weather conditions, the below H-4 of the general conditions Weather Table 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 CMAR is aware of the
occurrence of the delay; otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H-4 WEATHER. For purposes of determining what constitutes "adverse weather conditions not reasonably anticipated," the
parties have agreed that the following "Standard Baseline" shall be established for each month in which critical path activities that
may be impacted by adverse weather conditions are being performed and shall be built into the Schedule of the Work. The Standard
Baseline shall be the following number of working days in each respective month (based upon a 5-day work week) in which normal
and anticipatable weather conditions would be expected to delay critical path construction activities. To qualify for time extensions,
there must be an impact to the critical path of the Work.
January: 3 days February: 3 days March: 4 days April 3 days
May: 4 days June: 4 days July: 3 days August: 3 days
September: 3 days October: 4 days November: 3 days December: 3 days
Claims shall be documented by data substantiating that weather conditions were abnormal for the period, could not have been
reasonably anticipated, worked was unconditionally delayed and had an adverse effect on the scheduled contract days. The CMAR
has included adverse weather days in the construction schedule If the monthly adverse weather days are exceeded; the contract
time shall be increased by the number of added weather days as adjust for the "Standard Baseline". Weather days are monthly
allocations and shall not be carried forward to subsequent months.
Construction Manager shall be entitled to an extension of the Contract Time for a delay attributable to adverse weather conditions
only to the extent that the critical path to completion of the Work (or any respective Critical Milestone) is delayed by the net number
of days of delay, if any, beyond the Standard Baseline for each respective period as set forth above, aggregated over that portion of
the Contract Time in which critical path activities that may be impacted with adverse weather conditions have been scheduled.
H-5 DELAY DAMAGES. To the extent CMAR incurs a delay due to causes beyond its control, in addition to an extension of
the Contract Time, CMAR and the Owner shall negotiate a Change Order equitably increasing the GMP based upon the actual,
increased costs incurred by CMAR and its subcontractors as a result of such delay. When such extra compensation is claimed, a
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
written statement thereof shall be presented by the CMAR to the Architect, and if found to be correct, shall be approved and referred
by him to the Owner for final approval or disapproval.
SECTION I
PAYMENTS AND COMPLETION
1-1 GUARANTEED MAXIMUM PRICE AND CMAR FEE. The Guaranteed Maximum Price ("GMP") as stated in, and thereafter
adjusted in accordance with, 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, plus CMAR Fee
thereon, up to the amount of the GMP. The CMAR can invoice the owner per the agreed approved percentages on cost of work put
in place.
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. Notwithstanding the
foregoing terms, the line items in the Schedule of Values are not individually guaranteed by the CMAR.
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 such issuance
date by Architect. 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 his Certificate
in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect
may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in
his opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the CMAR to make payments properly to Subcontractors, or for labor, materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
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: CMAR and Owner agree that the following liquidated damages are reasonable with respect to
the damages that Owner may sustain if the Work is not completed within the Contract Time. The deduction for liquidated damages
shall be as follows:
Days after Expiration of Contract Time Liquidated Damages Per Day
Days 1-30 $1,500
Days 31-90 $2,500
Days 90 and beyond $5,000
Notwithstanding anything herein to the contrary, in no event shall CMAR be liable for liquidated damages in excess of a maximum
cumulative amount equal to fifty percent (50%) of the CMAR Fee actually paid to CMAR pursuant to this Contract.
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. In addition, CMAR and the Owner shall
negotiate a Change Order equitably increasing the GMP and extending the Contract Time as a result of such Work stoppage.
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, he then will prepare
a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the CMAR to request a Certificate of
Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the
responsibilities of the Owner and the CMAR for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a
"final punch list". The CMAR shall complete the remaining work listed therein within 60 calendar days. When the Certificate of
Occupancy has been issued, the retainage may be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to
2.5%.
Should the CMAR fail to complete all contractual requirements of the contract, including submittals and final pay request within the
fixed time, the contract time will again commence. Should the CMAR fail to complete the work within the contract duration, liquidated
damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the CMAR.
The CMAR shall submit the following items to the City prior to requesting final payment:
1) CMARs Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have
been paid or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) CMAR's Affidavit of Release of Liens (G706A), and,
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens
arising out of the Contract, to the extent and in such form as may be designated by the Owner.
5) CMAR's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the CMAR may, at the
election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted
by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The
CMAR shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including
all costs and reasonable attorney's fees.
The CMAR may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the CMAR
except those previously made in writing and still unsettled.
The CMAR's one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth.
The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding
upon the Owner.
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 his Subcontractors or Sub -contractors; and
(3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities
not designated for removal, relocation or replacement in the course of construction.
Until Substantial Completion of the Work, it shall be under the charge and care of the CMAR, who shall take every reasonable
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. Except for injuries or damages for which there is applicable property
insurance coverage, CMAR shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned
by any of the above, caused before Substantial Completion of the Work.
CMAR shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction
for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing
conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, CMAR
shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
Except for damages or losses for which there is applicable property insurance coverage, all damage or loss to any property referred
to in the preceding paragraphs to the extent 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.
Notwithstanding anything herein to the contrary, as between the Owner and the CMAR, the CMAR is responsible to the Owner for
any and all the safety issues relating to the Work on the Project. The CMAR shall administer and manage the safety program for the
Work. This will include, but not necessarily be limited to, review of the safety programs of each of the CMAR's Subcontractors. The
CMAR shall monitor the establishment and execution of effective safety practices then known to the industry, as applicable to Work,
and the compliance with all applicable regulatory and advisory agency construction safety standards applicable to the Work. The
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
CMAR's responsibility to the Owner for reviewing, monitoring and coordinating its Subcontractors' safety programs shall not extend
to direct control over execution of the Subcontractors' respective safety programs. Notwithstanding the CMAR's safety obligations to
the Owner, it is agreed and understood that each individual Subcontractor shall remain the controlling employer responsible for the
safety programs and precautions applicable to its own work and the activities of others' work in areas designated to be controlled by
such Subcontractor. Nothing in this paragraph shall be deemed to reduce the CMAR's safety obligations to the Owner as set forth
elsewhere in this Section J.
J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work.
Each contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The CMAR
shall enforce the wearing of hard hats by CMAR, employees and visitors. CMAR shall provide ten hard hats for use by the consulting
Architects and Engineers and visitors.
J-4 EMERGENCIES. In any emergency affecting the safety of persons or property, CMAR shall act at his discretion to prevent
threatened damage, injury or loss. Any additional compensation or extension of time claimed by the CMAR on account of emergency
work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES. CMAR shall employ safe practices in handling materials and equipment used in performing
required work so as to insure the safety of his workmen, City employees and the public. CMAR shall keep the premise free at all
times from accumulation of waste materials or rubbish, refer to D-23.
J-6 TRENCH SAFETY The CMAR shall be responsible for all design and implementation of trench shoring and stabilization to
meet regulatory requirements. If the Proposal requires, the CMAR shall include a per -unit cost for trench safety measures in his bid.
If not included in the Proposal, the CMAR shall include a cost for trench safety measures for all trenches over 5 feet in depth in his
Schedule of Values.
SECTION K - INSURANCE
K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance
required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any
Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so
obtained and approved.
K-2 Workers' Compensation Insurance:
1) General
a) Contractor's Worker's Compensation Insurance. CMAR agrees to provide to the Owner (City) a certificate showing that it
has obtained a policy of workers compensation insurance covering each of its employees employed on the project in
compliance with state law. No Notice to Proceed will be issued until the CMAR has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. CMAR agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. CMAR will not permit any
subcontractor to perform work on the project until such certificate has been acquired. CMAR shall provide a copy of all
such certificates to the Owner (City).
c) By signing this contract or providing or causing to be provided a certificate of coverage, the CMAR is representing to the
City that all employees of the CMAR who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a
self -insured, with the Texas Worker's Compensation Commission's Division of Self -Insurance Regulation. Providing false
or misleading information may subject the CMAR to administrative penalties, criminal penalties, civil penalties or other civil
actions.
d) The CMAR's failure to comply with any of these provisions is a breach of contract by the CMAR which entitles the City to
declare the contract void if the CMAR does not remedy the breach within ten days after receipt of notice of breach from the
City.
2) Definitions:
a) Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by
the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services
on a project, for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the CMAR's/person's work on
the project has been completed and accepted by the City.
c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing
all or part of the services the CMAR has undertaken to perform on the project, regardless of whether that person contracted
directly with the CMAR and regardless of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
3) Requirements
a) The CMAR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees
of the CMAR providing services of the project, for the duration of the project.
b) The CMAR must provide a certificate of coverage to the Architect prior to the execution of the contract.
c) If the coverage period shown on the CMAR's current certificate of coverage ends during the duration of the project, the
CMAR must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage
has been extended.
d) The CMAR shall obtain from each person providing services on a project, and provide to the City:
i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file
certificates of coverage showing coverage for all persons providing services on the project; and
ii) no later than seven days after receipt by the CMAR, a new certificate of coverage showing extension of coverage, if
the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The CMAR shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The CMAR shall notify the City in writing by certified mail or personal delivery, within thirty (30) days after the CMAR knew
or reasonably should have known, of any material, adverse change in coverage of the CMAR or any party under direct
contract with CMAR 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:
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;
provide to the CMAR , prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project;
iii) provide the CMAR, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts, and provide to the CMAR:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have
known, of any change that materially affects the provision of coverage of any person providing services on the project;
and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the
certificates of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage.
a) The CMAR shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in
at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
equipment or materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURANCE. CMAR shall procure and maintain during the term of this Contract such Liability Insurance as
shall protect him, Owner and any Subcontractor performing work covered by this Contract, from claims of damage which may arise
from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether
such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of
such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non -owned and borrowed vehicles used in connection with this
Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including
environmental impairment liability, associated with the services and operations performed under this contract in addition to
sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE.
Unless stated otherwise in the negotiated contract, the CMAR shall procure, pay for and maintain at all times during the term of this
Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion,
smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the GMP.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required
in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. The City must approve different sub -limits
for these coverages.
Consequential damage due to faulty workmanship and/or design performed by the CMAR or his agents shall be covered.
Upon completion of the Work, the CMAR shall notify the City of Fort Worth in writing before terminating this insurance.
CMAR shall procure and maintain builder's risk for a full replacement cost of the Project. If the builder's risk insurance requires
deductibles, Owner shall pay costs not covered because of such deductibles. Owner, for itself and on behalf of its insurers, to the
fullest extent permitted by law without voiding the insurance required hereunder or otherwise maintained by Owner, hereby waives
fully for the benefit of CMAR and its Subcontractors any rights and/or claims which might give rise to a right of subrogation in favor of
any insurance carrier issuing the required insurance or any other insurance (including any first party coverage) maintained by Owner.
Owner will obtain a waiver of any subrogation rights that its insurers may acquire against the CMAR and its Subcontractors by virtue
of payment of any such loss covered by such insurance. Owner, at Owner's option, may purchase and maintain such insurance as
will insure Owner against loss of use of Owner's property due to fire or other hazards, however caused and, accordingly, Owner
waives all rights of action against CMAR and its Subcontractors for loss of use of Owner's property, including consequential losses
due to fire or other hazards however caused. If during the Project construction period the Owner insures properties, real or personal
or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment
property insurance is provided on the completed Project through a policy or policies other than those insuring the Project during the
construction period, the Owner waives all rights against CMAR and its Subcontractors, in accordance with the terms of this paragraph,
for damages caused by fire or other causes of loss covered by this separate property insurance. If after a casualty loss, no other
special agreement is made, replacement of damaged property shall be performed by the CMAR only after issuance of a Change Order
to CMAR for its increased time and costs for performing the replacement work.
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.
DocuSign Envelope ID: DEOD8B08-09BD-4C1B-A2DA-7C593D5188EA
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 AM I, 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
of coverage regarding any policy providing insurance coverage required of the CMAR in this Contract. A 10 day notice for failure
to pay premium is acceptable.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The CMAR shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any
failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance
requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including
endorsements thereto and, at its discretion, to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth.
12) CMAR agrees to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein
or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope
of the Contract consisting of additions, deletions or other revisions, the GMP and the Contract Time being adjusted accordingly. All
such Changes in the Work shall be authorized by a written Change Order, and shall be executed by Owner, Architect and CMAR
under the applicable conditions of the Contract Documents.
A Change Order is a written order to the CMAR signed by the Owner and the Architect and accepted in writing by the CMAR, issued
after the execution of the Contract, authorizing a Change in the Work or adjustment in the GMP or the Contract Time. The GMP and
the Contract Time may be changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the CMAR or the Owner, shall be
coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated
and executed prior to performing changed work. CMAR is not obligated to perform any changed work until it has received a fully
executed Change Order from Owner for such changed work.
The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might
be. In the event of a net additive Change Order, the actual cost shall be multiplied by the allowance for contractual overhead and
profit.
If after the contract has been executed, the Architect, requests a price proposal from the CMAR for a proposed change in scope of
the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.
CMAR is advised that when the cumulative effect of Change Orders results in an increase in GMP by over $25,000, the City Council
must approve all such Change Orders that will exceed this limit. Normal processing time for the City Staff to obtain City Council
approval, once the recommended change order has been received at the City, is approximately thirty (30) days. Owner, Architect and
CMAR shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the
construction schedule.
If the CMAR claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2)
any order by the Architect or Owner to stop the Work pursuant to Section B, where the CMAR was not at fault, or (3) any written order
for a minor change in the Work, the Contractor shall make such claim.
Notwithstanding anything in the Contract Documents to the contrary, CMAR shall have no liability whatsoever with respect to any pre-
existing hazardous materials or hazardous conditions at the site. Further, notwithstanding anything herein to the contrary, if conditions
are encountered which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in
the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found
DocuSign Envelope ID: DEOD81308-0913D-4C1 B-A2DA-7C593D5188EA
to exist and generally recognized as inherent in the required work and services to be provided hereunder, to the extent the same
cause an increase in CMAR's cost or time of performance, CMAR and the Owner shall negotiate a Change Order equitably increasing
the GMP and extending the Contract Time for these conditions.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the CMAR wishes to make a claim for an increase in the GMP or an
extension in the Contract Time, he shall give the Architect & Owner's representative written notice thereof within a reasonable time
after CMAR becomes aware of 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. If CMAR has provided notice of a claim in
connection with a change in the Work for which CMAR believes there will be a resulting cost or schedule impact, CMAR shall not be
obligated to proceed with such change in the Work until the Owner has issued a Change Order covering the same.
L-4 MINOR CHANGES IN THE WORK. The Architect shall have authority to order minor changes in the Work not involving an
adjustment in the GMP or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents. Such
changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and
shall be binding on the Owner and the CMAR.
L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents, or which order
minor changes in the Work without change in GMP or Contract Time. The CMAR shall carry out such Field Orders promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be
uncovered for observation and replaced, at the CMAR's expense.
If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered,
the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work is found to be in
accordance with the Plans and Specifications, the cost and time 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.
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the
terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the CMAR shall correct it promptly after receipt of a written notice from the Owner to do so,
unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not
generally. The Owner shall give such notice promptly after discovery of the condition.
All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary, and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The CMAR shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction
If the CMAR does not remove such defective or non -conforming work within a reasonable time fixed by written notice from the Architect
or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the CMAR. If the CMA does not
pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such
work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been
borne by the CMAR including compensation for additional architectural services. If such proceeds of sale do not cover all costs that
the CMAR should have borne, the difference shall be charged to the CMAR and an appropriate Change Order shall be issued. If the
payments then or thereafter due the CMAR are not sufficient to cover such amount, the CMAR shall pay the difference to the Owner.
If the CMAR fails to correct such defective or non -conforming work, the Owner may correct it in accordance with Section G
The obligation of the CMAR under this Section shall be in addition to and not in limitation of any obligations imposed upon him by
special guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING WORK. If the Owner prefers to accept defective or non-
conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect
an appropriate reduction in the final payment to the CMAR, or, if the amount is determined after final payment, the CMAR shall pay
Owner the amount of the appropriate reduction.
SECTION N
TERMINATION OF THE CONTRACT
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
N-1 TERMINATION BY THE CMAR. If the work is stopped for a period of 30 days under an order of any court or other public
authority having jurisdiction, through no act or fault of the CMAR or a Subcontractor or their agents or employees or any other persons
performing any of the work under a contract with the CMAR, or if the work should be stopped for a period of 30 days by the CMAR for
the Owner's failure to make payment thereon as provided in Section I, then the CMAR may after the end of such period of 30 days
and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract.
N-2 TERMINATION BY THE OWNER. If the CMAR is adjudged as bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the CMAR refuses, except in cases for which
extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment
to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of
any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then
the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justify such action, may, without
prejudice to any rights or remedy and after giving the CMAR and his surety, if any, seven (7) days' written notice, terminate the contract
and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the
CMAR and may finish the work by whatever method he may deem expedient. In such case the CMAR shall not be entitled to receive
any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the 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, subject to the parties' rights to
dispute any such decision pursuant to the dispute resolution procedures set forth in this Contract.
SECTION O
SIGNS
The CMAR shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with
the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the GMP.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE. The CMAR shall furnish, erect, and maintain facilities and perform temporary work required in the performance of
this Contract, including those shown and specified.
P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the CMAR as to their proper and most efficient utilization.
P-3 MAINTENANCE AND REMOVAL. The CMAR shall maintain temporary facilities in a proper, safe operating and sanitary
condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed
from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHEDS.
The CMAR is not required to provide a temporary field office or telephone for projects under $1,000,000. CMAR shall equip the
Project Superintendent with a cellphone and provide 24-hour contacts to the City.
The CMAR shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction
contracts with a price in excess of $1,000,000.00, the CMAR shall provide a separate field office for the City's field representative (but
the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have
a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of
the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the
work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to
DocuSign Envelope ID: DE0D8B08-09BD-4C1 B-A2DA-7C593D5188EA
maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air
conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, CMAR shall remove
the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk, four chairs,
plan rack and a four -drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space.
CMAR shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use.
Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed.
P-5 TOILET FACILITIES. CMAR shall provide proper sanitary and adequate toilet facilities for the use of all workmen and
subcontractors employed on the project.
P-6 UTILITIES. CMAR shall make all necessary arrangements and provide for temporary water and electricity required during
the construction. CMAR shall provide and install temporary utility meters during the contract construction period. These meters will be
read and the CMAR will be billed on this actual use. The CMAR shall provide all labor and materials required to tap into the utilities.
The CMAR shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of
the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures,
frequencies, etc. will be available to the CMAR.
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on
the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to
every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,
tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding
machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets
so that 50 foot long extension cords will reach all work requiring light or power.
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-7 HEATING. Heating devices required under this paragraph shall not be electric. CMAR shall provide heat, ventilation, fuel
and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion
of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation
and services shall be provided and maintained until final acceptance of all work. In addition, the CMAR shall provide heat ventilation
prior and during the following work operations as follows:
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved
to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F.
P-8 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION
CMAR shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish
chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract.
Contractor shall coordinate the use and furnishing of scaffolds with his sub -contractors.
CMAR shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences,
barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the
safety of workmen, City employees, equipment, the public and property.
All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities
having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard.
CMAR shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground
seepage, rainfall, drainage of broken lines.
CMAR shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a
night
CMAR shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts,
and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the
Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as specified.
DocuSign Envelope ID: DEOD81308-0913D-4C1 B-A2DA-7C593D5188EA
P-9 PROJECT BULLETIN BOARD. CMAR shall furnish, install and maintain during the life of the project a weather -tight bulletin
board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The
bulletin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees of the
Contractor and sub -contractors, and to applicants for employment. The bulletin board shall remain the property of the CMAR and shall
be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the CMAR,
shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration
of the Contract.
A. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
B. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis -Bacon Act.
C. Safety Posters.
SECTION Q
VENUE AND JURISDICTION
Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in the state courts of Tarrant
County, Texas.
END OF GENERAL CONDITIONS
4/3/23, 3:36 PM M&C Review
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 11/29/2022 REFERENCE M&C 22-0971 LOG NAME
NO..
Official site of the City of Fort Worth, Texas
FORT WORTH
21 FORT WORTH
CONVENTION CENTER
CMAR GMP
CODE: C TYPE: NON- PUBLIC
CONSENT HEARING:
NO
SUBJECT: (CD 9) Authorize Execution of a Construction Manager at Risk Contract with
Hunt/Byrne/Smith, a Joint Venture, in the Amount Not to Exceed $30,000,000.00,
Including an Owner's Construction Contingency Allowance, for Phase 1 of the Fort Worth
Convention Center Renovation and Expansion Project
RECOMMENDATION:
It is recommended that the City Council authorize execution of a construction manager at risk contract
with Hunt/Byrne/Smith, a Joint Venture, in the amount not to exceed $30,000,000.00, including an
owner's construction contingency allowance, for Phase 1 of the Fort Worth Convention Center
Renovation and Expansion project (City Project No. 102582).
DISCUSSION:
The purpose of this Mayor and City Council Communications (M&C) is to recommend that the City
Council authorize execution of a Construction Manager at Risk (CMAR) contract with
Hunt/Byrne/Smith, a Joint Venture, in the amount not to exceed $30,000,000.00, including an owner's
construction contingency allowance, for the Fort Worth Convention Center Renovation and Expansion
project (City Project No. 102582).
This CMAR contract will allow this multi -phased project to start. The contractor will be given
incremental Notices to Proceed for various tasks. This will allow the contractor to order material that
have long lead times, as created by the current supply issues and construction market. Other initial
task will include site work, utilities, demolition, relocation of building functions and elements, etc.
Other amendments to this contract will be required and will be recommended to City Council for
approval.
On November 20, 2021, City Council authorized (M&C 21-0934) $52,000,000.00 of American Rescue
Plan Act funding for the initial phase of the expansion project, and authorize execution of a
professional services agreement with Broaddus & Associates, Inc., for multi -year project management
services associated with the renovation and expansion of the Fort Worth Convention Center.
On April 7, 2022, Broaddus & Associates and the Property Management Department issued a Request
for Qualifications, to select Construction Manager at Risk (CMAR) team to provide construction
services required to complete the initial phase of the Fort Worth Convention Center Expansion. The
City received 8 Statements of Qualifications (SOQ) from highly qualified, national CMAR firms. These
firms were
AECOM Hunt, Byrne, EIS
Austin Commercial
BMSP (Balfour Beatty, Muckelroy Falls, Source Building Group, Post L Group)
Hensel Phelps/BECK
JE Dunn
Lee Lewis
Skanska
Turner Construction
A selection committee, included representatives from the Broaddus and Associates, Public Events
Department, Property Management Department, and the community, reviews the SOQs and created a
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30524&cou nciIdate=11 /29/2022 1 /3
4/3/23, 3:36 PM
M&C Review
short list of two highly qualified teams. Interviews were conducted and the selection committee
recommends the Hunt/Byrne/Smith, a Joint Venture.
INTERVIEW SCORING MATRIX TABLE:
CMAR Contractor Evaluation
Proposed Fees
Experience & References CMAR
PROJECTS
eam's Experience
Project Specific Approach
Knowledge of City Procedures
TOTALS
AECOM Hunt, BMSP
Byrne, EJS
50 49
15 T 14
14 1 14
9 9
10 10
98 96
On September 1, 2022, the City staff administratively executed a contract for pre -construction services
for an amount totaling $50,000.00. At this time City staff recommends execution of a CMAR
construction contract with Hunt/Byrne/Smith, a Joint Venture, in the amount of $30,000,000.00, to be
delivered in phases to address current construction costs and material lead times.
On September 6, 2022 an Informal Report was presented to City Council regarding the selection and
administratively executed contract with Thompson, Ventulett, Stainback & Associates, Inc. (TVS) to
provide initial architectural services. On September 13, 2022 City Council authorized (M&C 22-0695)
Amendment No. 1 to the professional services agreement with Thompson, Ventulett, Stainback &
Associates, Inc., for architectural design and construction administration services associated with the
renovation and expansion of the Fort Worth Convention Center.
The overall project costs are expected to be as described in table below:
PROJECT COST
TOTALS
Professional Services (Project Management & $10,293,527.00
Design Contracts)
CMAR Construction Contract (Including Owner's
Construction Contingency Allowance) $30,000,000.00
Administrative Costs (Staff Time, Additional ITS, AV,
Security, Building Infrastructure, Major Maintenance, $7,706,473.00
FF&E, and Moving Costs)
Project Contingency $4,000,000.00
PROJECT TOTAL $52,000,000.00
The project is currently funded through a $52,000,000.00 ARPA Grant (M&C 21-0934). Based on
current scope requirements and anticipated changes, there will be significant budget increases.
These increases will be presented to council in future Informal Reports and M&Cs.
Waiver of Building Permit Fees - 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."
DIVERSITY AND INCLUSION BUSINESS EQUITY OFFICE: Hunt/Byrne/Smith, a Joint Venture,
complies with the City's Business Equity Ordinance by committing to 45\% MWBE participation in this
project. The City's MWBE goal for this project is 25\%.
The Fort Worth Convention Center is to be located in COUNCIL DISTRICT 9 but will benefit all council
districts.
apps.cfwnet.org/council_packet/mc_review.asp?ID=30524&councildate=11/29/2022 2/3
4/3/23, 3:36 PM
M&C Review
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously
appropriated, in the Grants Cap Projects Federal Fund for the FWCC Expansion & Prj Mgmt project
to support the approval of the above recommendation and execution of the contract . Prior to any
expenditure being incurred, the Public Events Department has the responsibility to validate the
availability of funds.
FROM
Fund Department Account Project
ID ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
Program Activity Budget Reference #
Year (Chartfield 2'
Dana Burghdoff (8018)
Steve Cooke (5134)
Brian Glass (8088)
ATTACHMENTS
102582 COMP MEMO PMD 2022 CMAR FW CONVENTION CENTER.pdf (CFW Internal)
21 FORT WORTH CONVENTION CENTER CMAR GMP FID TABLE.xlsx (CFW Internal)
21 FORT WORTH CONVENTION CENTER CMAR GMP funds availability-.pdf (CFW Internal)
Form 1295 Certificate 100948305 - Byrne.pdf (CFW Internal)
Form 1295 Executed FWCC - EJ Smith.pdf (CFW Internal)
Form 1295 FWCC - Hunt.pdf (CFW Internal)
Form 1295 FWCC - Joint Venture.pdf (CFW Internal)
Fort Worth Convention Center CMAR GMP.pdf (Public)
SAM E J Smith Construction & Engineering Inc.pdf (CFW Internal)
SAM Hunt Construction Group Inc.pdf (CFW Internal)
SAM Thos S Byrne Ltd.pdf (CFW Internal)
Amount
apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30524&cou nciIdate=11 /29/2022 3/3