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HomeMy WebLinkAboutContract 59397CSC No. 59397 AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK PRE -CONSTRUCTION AND CONSTRUCTION SERVICES for CITY OF FORT WORTH — RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT NO. 103270 THIS AGREEMENT FOR CONSTRUCTION MANAGER -AT -RISK SERVICES which INCLUDES SECTIONS FOR PRE -CONSTRUCTION PHASE SERVICES AND CONSTRUCTION PHASE SERVICES ("Agreement"), is made and entered into by and between the City of Fort Worth, a Texas municipality, ("City") and McCarthv Buildinq Companies, Inc., a legal entity existing under the laws of the State of Texas and authorized to conduct business in the State of Texas, ("CMAR"). City and CMAR may be referred to herein as a "Party" or the "Parties". WHEREAS, City has identified a project known as Ray White Road Wideninq Improvements between Mirage Drive and the bridqe over Bear Creek (the "Project"); and WHEREAS, City desires to engage the CMAR to perform Construction Manager -At -Risk services, which consist of Pre -Construction Phase Services and Construction Phase Services, for the Project; and WHEREAS, CMAR possesses broad experience, knowledge and technical resources to provide such services related to the design, permitting, construction and construction management for the Project; and WHEREAS, City has engaged the services of Burns & McDonnell Engineering Company, Inc. ("Design Engineer'), to prepare the design of the Project; and WHEREAS, CMAR was selected by City through a competitive procurement process; and WHEREAS, CMAR is willing and able to undertake and provide the services and to be responsible for the overall completion of the Project, as described on Attachment A, within a project budget of $13.256.000.00 upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, CMAR agrees to provide Preconstruction and Construction services as defined in Attachments A and C, and as further set forth in the written proposal to City from CMAR, dated the 29h day of September, 2022, attached hereto as Attachment B; and WHEREAS, the CMAR agrees to be bound by, and may incorporate into its construction phase contracts with its primary contractors, the City's Standard General Conditions for a CMAR Agreement ("General Conditions"), attached hereto as Attachment C; and CMAR — CFW Rav White Road Wideninq ImDrovements Project # 103270 Page 1 of 12 OFFICIAL RECORD Agreement Form 03/02/22 CITY SECRETARY FT. WORTH, TX WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated with those capitalized/defined terms as found in Attachments A and C. Conflicting definitions shall be harmonized to obtain a meaning within the intent of the Agreement or the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by City for the services to be rendered by CMAR, and the covenants and promises to be carried out by each Party, the City and CMAR hereby agree to perform the services described herein upon the terms and conditions set forth herein and any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 — SERVICES A. CMAR agrees to furnish all Preconstruction and Construction Phase Services, as described in Attachments A and B. B. The Preconstruction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR and terminate upon conclusion of Guaranteed Maximum Price (GMP) negotiations. CMAR may initiate early works packages in advance of the Construction Phase, such as, but not limited to, preliminary site grading, utility relocations or procuring long -lead materials prior to final development of the GMP. Costs of early works packages shall be included in the GMP. C. The Construction Phase Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the City to CMAR. CMAR agrees to furnish all Construction Phase Services, as described in Attachments A and B, for the amount of the GMP, as hereinafter described, abiding by this Agreement and its Attachments and Amendments, to also include the Construction Documents created to affect the Work on the Project. 1. CMAR agrees to timely commence construction to substantially complete the Work within the Contract Time, subject to Article 6 herein — Project Time and Liquidated Damages. Z. CMAR shall perform all Work in accordance with the requirements of the Construction Documents. CMAR shall at all times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. CMAR shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents. CMAR shall be responsible for the proper performance of the work, including all work performed by its subcontractors, and any acts and omissions in connection with such performance. D. CMAR shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow CMAR to perform the Work. CMAR shall present documentation of temporary construction easements or other permissions at the time the GMP is submitted to City. E. CMAR warrants to City that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The CMAR also warrants to City CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 2 of 12 Agreement Form 03/02/22 that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. ARTICLE 2 — COMPENSATION A. The City shall compensate CMAR for providing the Preconstruction Phase Services in the amount of $158,000.00 ("Preconstruction Phase Fee"). B. The City shall compensate CMAR for providing the Construction Phase Services in the amount of 6.25% of the Cost of Work ("Construction Phase Fee"). C. Notwithstanding Article 1, Paragraph C. or Paragraph B. of this Article, City may, by giving written notice at any time before the end of the Pre -Construction Services Phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the City's reasonable estimation, exceeds or would exceed the City's estimated Construction Budget. In such event, CMAR shall be paid for Work performed up to the date of termination in accordance with this Agreement. D. Any unspent CMAR Contingency shall be shared on a 50/50 basis between CMAR and City. E. Savings — In the event the actual Cost of Work, inclusive of the Construction Phase Fee, is less than the GMP, as may be adjusted by Change Orders, at completion of the Project, the 50% of the resulting savings will be paid to the CMAR as a performance incentive. F. Schedule Incentives to promote performance results by contractors may be established by CMAR for the Construction Phase. During development of the GMP, CMAR and City may determine an amount, which will be a part of the GMP, to be used for schedule incentives for subcontractors. Any of these funds which remain unspent shall be returned to City. ARTICLE 3 — PAYMENT Payment by City to CMAR is to be made as follows: A. CMAR shall submit monthly an Application for Payment for Pre -Construction Phase Services describing the work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions. B. CMAR shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. The City shall make payment pursuant to Paragraph 14.02 of the General Conditions, less 5% withheld as retainage per pay application, except that no retainage shall be held on CMAR's Construction Services Fee or General Conditions Costs (alkla Costs of the Work as defined in the General Conditions). CMAR's Construction Services Fee and General Conditions costs shall each be shown as a line item in the Application for Payment. CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 3 of 12 Agreement Form 03/02/22 ARTICLE 4 — GUARANTEED MAXIMUM PRICE A. The GMP proposal for Construction of the Project shall be presented to the City no later than 30 days after receipt by CMAR of approved 90% plans or as otherwise mutually agreed. Elements to be considered in the GMP include but are not limited to: 1. Hard Costs (estimated or actually obtained by bid) a. General Conditions Costs, see Section 11.01 of the General Conditions b. Cost of Work (estimated or formally procured) (Open Book) c. Other Fees as may be presented in Attachments A or B 2. CMAR's Construction Phase Fee 3. Contingencies and Allowances a. CMAR's Contingency b. Allowance Items B. After submission of the GMP proposal, CMAR and City shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. C. When established and accepted by City in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. D. If City rejects the GMP proposal, City and CMAR shall meet and confer as to how the Project may proceed or to affect a termination. ARTICLE 5 — CHANGES IN THE WORK The City, during either phase of services and without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions issued in the form of a Field Order or, where necessary, a Change Order to adjust the GMP and the Contract Time. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES A. Project Time shall not be longer than as indicated in Attachment A except as modified by CMAR in Attachment B and memorialized in the Project Schedule when developed by CMAR and presented to City. CMAR will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by City. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless delayed, as defined in the General Conditions, CMAR shall achieve Final Acceptance of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. B. CMAR recognizes that time is of the essence to this Agreement and that City will suffer financial loss if the Work is not completed within the Project Time plus any mutually agreed extension thereof. The CMAR recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time and, instead of requiring any such proof, CMAR agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $1,250.00 for each day that CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 4 of 12 Agreement Form 03/02/22 expires after the expiration of the Project Time until such time as Substantial Completion of the entire Project is issued by the City in writing. ARTICLE 7 — MBEIWBE A. The CMAR must meet, and hereby commits to meet, the Business Equity participation goal of 0% for the Pre -Construction Phase Services for this Project. B. CMAR must meet, and hereby commits to meet, the Business Equity goal of 15% during Construction Phase Services for this Project. ARTICLE 8 - GENERAL TERMS A. Professional standards. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The CMAR shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, pre - construction, construction and other services and materials furnished under this Agreement. B. Mutual obligations. CMAR and City agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. City shall, throughout the performance of the Construction Work, cooperate with CMAR and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with CMAR'S timely and efficient performance of its obligations under the Contract Documents. The City shall cooperate and provide reasonable assistance to the CMAR in obtaining the permits, approvals, and licenses that are CMAR's responsibility to obtain. C. General conditions. Attachment C contains the City's General Conditions applicable to this Project. CMAR hereby agrees to comply with said General Conditions, including providing a copy to any contractors or subcontractors, as applicable. D. Project progress. CMAR's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. Assignment. CMAR shall not assign its interest in this Agreement without the written consent of the City. CMAR may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the City in connection therewith. F. Personnel. CMAR, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of CMAR), now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the City. CMAR acknowledges responsibility for all federal, state, and local requirements for employers that apply to CMAR. G. Extent of agreementlno third -party rights. The City and CMAR agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 5 of 12 Agreement Form 03/02/22 negotiations, representations, or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the City and CMAR and not for the benefit of any third party. The City and CMAR agree that there are no third -party beneficiaries, and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of City. The doctrine of respondent superior shall not apply. H. Reproduction, use and ownership of work product. All designs, drawings, specifications, documents, and other work products of the CMAR whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by City or by others acting through or on behalf of City of any such instruments of service without the written permission of the CMAR will be at the City's sole risk. The City shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. Insurance. CMAR shall, during the performance of the Agreement, keep in force insurance as described in Article 5 of the General Conditions. J. Termination. This Agreement may be terminated as provided for by Article 2, Section C of this Agreement or as otherwise provided by the General Conditions. K. Cost estimates. CMAR's opinions of probable cost are to be made on the basis of CMAR's experience and qualifications and represent CMAR's best judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. CMAR COVENANTS THAT IT HAS READ, UNDERSTANDS AND AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. Surety bonds. The CMAR shall furnish the required performance, payment and maintenance bonds as described in Article 5 of the General Conditions. N. City non -appropriation of funds. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the City to make payments to the CMAR in any fiscal year following the City's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments. 0. Extra services. In the event of any legal proceedings or other claims requiring services of CMAR in providing expert testimony on behalf of the City in connection with the Project, except suits or claims by a third party against the City arising out of alleged errors or omissions of Design Engineer or CMAR, the City shall provide additional compensation to CMAR based on actual cost. P. No cause of action against engineer. CMAR, its subcontractors and equipment and materials suppliers on the Project or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 6 of 12 Agreement Form 03/02/22 with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. Q. Mutual Waiver of Consequential Damages. The CMAR and City waive Claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver includes: ('I) damages incurred by the City for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the CMAR for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work performed. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with the Contract Documents. Nothing contained in this subsection shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 9 — THE CITY'S RESPONSIBILITIES The City shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement for Pre -Construction Services. Such Project Representative will have complete authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to CMAR's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by CMAR consistent with City's normal business practices. C. Secure and execute all necessary permanent easements and agreements with adjacent land or property owners that are necessary for the Project. City is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. City is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 7 of 12 Agreement Form 03/02/22 ARTICLE 10 — AMENDMENTS This Agreement may only be amended in writing, agreed to by both Parties ARTICLE 11 -EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the City and CMAR with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations, or agreements, either written or oral contracts between City and CMAR respecting this Project. This Agreement will be binding upon and inure to the benefit of City and CMAR and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions, Paragraph 6.08, arbitration will not be allowed on this Project. The performance of the work and terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. Performance shall be specifically governed by Subchapter F, Texas Government Code 2269.251 et seq. CMAR hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CMAR irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. ARTICLE 13 — SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either CMAR or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ARTICLE 14 — WAIVER The waiver by the City of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant, or condition of this Agreement, regardless of when the breach occurred. ARTICLE 15 — CONFLICT IN TERMS In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 8 of 12 Agreement Form 03/02/22 ARTICLE 16 - HEADINGS The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. All notices required herein shall be addressed to City as follows: A€ejandra Ayala, P.E.. Project Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-8883 Alejandra.Ayaia@fortworthtexas.gov W ith Copy to: Raul Lopez, P.P., Program Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-2457 raul.lopez@fortworthtexas.gov All notices to CMAR shall be addressed as follows: David Wallace McCarthy Building Companies, Inc. 3400 N. Central Expressway, Suite 500 Richardson, Texas 75080 (214) 412-8780 d rwa I I ace(7a, m cca rth v. com ARTICLE 18 - PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CMAR, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if CMAR has 10 or more full time -employees and the contract value is $100.000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the tern of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, CMAR certifies that CMAR's representative's signature provides written verification to CMAR - CFW Rav While Road Widening Improvements Project # 103270 Page 9 of 12 As reemeat rend 03/02/22 the City that if Chapter 2271, Texas Government Code applies, CMAR: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE 19 — IMMIGRATION NATIONALITY ACT CMAR shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I- 9). Upon request by City, CMAR shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CMAR shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CMAR employee who is not legally eligible to perform such services. CMAR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CMAR, CMAR's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CMAR, shall have the right to immediately terminate this Agreement for violations of this provision by CMAR. ARTICLE 20 - PROHIBITION ON BOYCOTTING ENERGY COMPANIES. CMAR acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, CMAR certifies that CMAR's signature provides written verification to the City that CMAR: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. ARTICLE 21 - PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES. CMAR acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, CMAR certifies that CMAR's signature provides written verification to the City that CMAR: (1) CMAR — CFW Rav White Road Widening Improvements Project # 103270 Page 10 of 12 Agreement Form 03/02/22 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. ARTICLE 22- AUTHORITY TO SIGN CMAR shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the CMAR. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE AND ATTACHMENTSIEXHIBITS TO FOLLOW CMAR - CFW Rav White Road Widening Improvements Project # 103270 Page 11 of 12 Agreement Form 03/02/22 ACCORDINGLY, City and CMAR have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). CMAR McCarthy Building Companies, Inc. By: Jeromy Shaw Senior- Vice President Operations Date: May 3, 2023 By City: Approved as to Form and Legality DBlack (May 12, 2023 14:58 CDT) Douglas W. Black Sr- Assistant City Attorney M&C: 23-0157 Date: 2/28/2023 Farm 1295: 2023-979361 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. Alejandra Ayala Project Manager Transportation & Public Works Department CITY OF FORT WORTH: By: William Johnson (M4 15, 202307:46 CDT) William M. Johnson Assistant City Manager Date: May 15, 2023 Approval Recommended: Lauren L. Prieur, Director Transportation & Public Works Department ATTEST o10 RT�pdd °��1d �o pVo o=� o *� as �n.n� � Q� nEXA5o4p c#Z � �d4g4 vl Jannette S. Goodall City Secretary CMAR -CFW Rav White Road Widening Imorovements Page 12 of 12 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Project # 103270 Agmatenu 1=onn 03102/1' 312123. 1 14 PM M&C Review CITY COUNCIL AGENDA Create New From This MB.0 DATE: 2/28/2023 REFERENCE NO.: "`M&C 23-0157 'LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: 20RAY WHITE ROAD CMAR NO FOR1 lFORT1i SUBJECT: (C❑ 4 and CD 7 1 future CD 4) Authorize the Execution of a Construction Manager at Risk Agreement with McCarthy Building Companies, Inc. for the Ray White Road Widening Improvements Project from Mirage Drive to the Bridge Over Bear Creek with a Preconstruction Phase Fee in the Amount of $158,000.00 and a Construction Phase Fee of Six and One Quarter Percent (6.25%) of the Cost of Work within the Project Construction Budget of $13,256,000.00 (2022 Bond Program) I:ixrI9] 711LTA 121►fH_Alil*1h,I It is recommended that the City Council authorize the execution of a Construction Manager at Risk Agreement with McCarthy Building Companies, Inc. for the Ray White Road Widening Improvements project from Mirage Drive to the bridge over Bear Creek with a preconstruction phase fee in the amount of $158,000.00 and a construction phase fee of six and one quarter percent (6.25\%) of the cost of work within the project construction budget of $13.256.000.00 {City Project No. 103270). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Construction Manager at Risk Agreement {CMAR} contract with McCarthy Building Companies, Inc. for the Ray White Road Widening Improvements project from Mirage Drive to the bridge aver Bear Creek, with a preconstruction phase fee in the amount of $158,000.00 and a construction phase fee of 6.25\% of the cost of work within a project construction budget of $13,256,000.00. The total overall project budget is $25,855.000.00 which includes planning, design, land acquisition, project administration, construction, inspection, testing, utility relocations, and contingencies for the construction of a four -lane neighborhood connector from Mirage Drive to the bridge over Bear Creek. The project is being funded through the City's 2022 Bond Program. Due to factors including budget, schedule, and length of construction, City staff determined that utilizing a CMAR for the project delivery would be most efficient for accomplishing the project. The CMAR method of project delivery is expected to reduce impacts to the traveling public during construction, minimize change orders and reduce the overall time for completion. By engaging a CMAR, the phasing and sequencing of the project will be overseen by a single construction manager, rather than the project being managed by TPW staff and delivered in different phases by potentially different contractors as could happen with the typical bid -build solicitations. A one-step call for quaiifications from interested CMAR firms was advertised in the Fort Worth Star - Telegram on September 8, 2022 and September 15, 2022. A pre -proposal meeting was held on September 20, 2022. The City received four responses on September 29. 2022 from the contractors listed below 1. Flatiron Constructors, Inc. 2. McCarthy Building Companies, Inc. 3. Keeley Construction 4. Sundt Construction, Inc. A selection team comprised of Transportation & Public Works Department representatives and the City's consultant, Burns & McDonnell, Inc., reviewed and scored the submittals. The selection team reviewed the proposers' (a) Company Performance and Experience, (b) CMAR Pricing, tc) Key Personnel. (d) Project Approach, and (e) Compliance with Diversity & Inclusion Requirements. apps.dwnet- ofglcouncli paeke Voic_review.asp?lD=30784&counc+Idate =2128/2023 li3 312123, 1:14 PM M&C Review The individual scores were averaged for the final scores listed in the following table: Proposers �I Evaluation Factors ����Fe—FTotals [Rank McCarthy Building Companies, Inc. F500 4.5 81 .50 .5 .DD P 8 D58 0 71 Sundt Construction, Inc. j9.125 4.5 18.75 55.25 P 87.625F-2 Flatiron Construction, Inc. r8.500 4.5 17.50 .47.75 P 78.250F _3 Keeley Construction I7.250 4.5 15.00 , 35.00 P 61.750 �4 Staff began negotiations with the top -ranked firm on December 1, 2022, and recommends that the City Council authorize the execution of a contract with McCarthy Building Companies, Inc. for CMAR services for the construction of Ray White Road Widening Improvements project from Mirage Drive to the bridge over Bear Creek. The following table demonstrates the funding history for the project: Fund 34027 - 2022 Bond Program Fund Existing Future project Total Funding Funding �$11,652,500.00 $11,652,500.00 $23,305,000.00 30108 - Transportation Impact$500,000 00 Fee Cap Fund 30104 - Developer Contribution $1 800 000 00 Fund 39403 - Street Improvements $250 000.00 Fund $500,000.00 $1,800,000.00 $250,000.00 This Project Total F$14,202,500.00 $11,652,500.00 $25,855,000.00 project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing: official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is budgeted in the TPW Dept Highway & Streets Department's 2022 Bond Program Fund for the purpose of funding the Ray White Road project, as appropriated. The M1WBE Office has determined that there is no M/WBE Diversity goal for Pre -Construction Phase Services. McCarthy Building Companies, Inc. is in compliance with the City's BIDE Ordinance by committing to 15\% MBE participation for the Construction Phase Services of this CMAR project. The project is in COUNCIL DISTRICTS 4 and 71 Future COUNCIL ❑ISTRICT 4. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the Ray White Road project to support the approval of the above recommendation and execution of the contract. Prior to expenditures being made, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference #�mount� { 1D ID1. Year Chartfield 2 apps.cfwnet.o4council_packeUmc_review.asp?ID=30784&councildate=212812023 213 3'2!23, , 14 PM M&C Review FROM Fund Department Account Project Program Activity Budget Reference # Amount ID 1D Year (Chartfield 2) Submitted for City Manager's Office by_ William Johnson (5806) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 10370 Waiver CMAR Pre -Construction Business Eauihf Goal.ndf (CFW internal) 20RAY WHITE ROAD CMAR funds avaiiabiiitv,pdf (Public) Form 1295 - Ray White Road iniprovements.pdf (CFW Internal) Goal 103270 CMAR - Rav White Road 220831 RZxdf (Public) M&C Map Rav White Road 20230207.pdf (Public) Praiect Budget Summanf 103270.PNG (CFW Internal) Rav White Rd CMAR FIE} Table.XLSX {CFW Internal} SAM GCV.r)df (CFW Internal) apps.cFwnet.org/councFl_packeUmc_review.asp?i D=30784&councildate=2/28/2023 313 ATTACHMENT A Pre -Construction and Construction Services Scope of Work (City's RFP) CMAR -- Ray White Road Widening Improvements Cdy Project No. 103270 Agnvment Farm 03/02/22 REQUEST FOR PROPOSALS CONSTRUCTION MANAGER AT RISK (CMAR) Preconstruction and Construction Phase Services for Ray White Road Widening Improvements (Mirage Drive to bridge over Bear Creek) City Project No. 103270 FORTWORTH. City of Fort Worth Mattie Parker David Cooke Mayor City Manager Lauren Prieur Interim Director, Transportation and Public Works Prepared for The City of Fort Worth Transportation and Public Works Department September 2022 BURNS M_DONNELL Texas Registered Engineering Firm F-845 City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 1 of 50 CMAR RFP (Form 412W2y Table of Contents Section 1. Definitions and Documents.................................................................................4 Section 2. Description of Project......................................................................................... 5 Section 3. Business Equity Provisions for CMAR Solicitation.........................................6 Section4. CMAR Services.................................................................................................... 8 Section 5. Procedural Requirements Request for Proposals...........................................12 Section 6. Content of Proposal and Evaluation Criteria..................................................14 Section 7. Award and Execution of Contract.....................................................................17 Section 8. Bonds and Insurance.......................................................................18 Section 9. Inspection and Construction Material Testing ................................................ 18 Section 10. Proposed Schedule............................................................................................... 18 Exhibits and Attachments: Map 1— Location Map Map 2 — Preliminary Plan Layout of Project Exhibit A— Proposal Transmittal Letter (and corporate verification of authority) Exhibit B — Statement of Experience Exhibit C — Proposed Project Key Personnel Exhibit D — Exceptions to Agreement (see Attachment 2) Exhibit E — Conflict of Interest Questionnaire Exhibit F—Client Reference Form Exhibit G — Bond Forms Exhibit H — Safety History Table Exhibit I — Construction Budget and Fee Proposals Exhibit J — Evaluation Criteria Exhibit K — Prevailing Wage Rates Attachment 1 — General Conditions for CMAR Project Attachment 2 — Draft Construction Manager at Risk Agreement Attachment 3 — Business Equity Goal Attachment 4 — Prequalification Resources City of Fort Worth — Ray White Road Widening Improvements Project CPS! 103270 Page 2 of 50 CMAR RFP (Form 4/26/22) The City of Fort Worth, Texas desires to select a Construction Manager -at -Risk (CMAR) contractor to provide CMAR services in connection with the final design and construction of Ray White Road from Mirage Drive to the bridge north of Camrose Street. The selection will be a one-step process in accordance with Texas Government Code Ch. 2269.251 et seq. The City will be evaluating the proposers, in general, on: project delivery techniques, approaches and relevant experience that results in the following value statements for the project and City: 1. Efficiency in overall delivery timeline (schedule). 2. Increased and/or enhanced functionality resulting from phasing and sequencing of project delivery to reduce impacts to homeowners and business owners and improve public mobility during construction. 3. Cost -savings and cost -avoidance (project construction change order/Field Order reductions) identified during preconstruction phase - constructability review of the design. 4. Reduced risk resulting from early engagement of the Construction Manager to optimize construction delivery in collaboration with the City's contracted Engineer. CMAR or alternative delivery project management experience is desired and will be recognized in two ways: l . Demonstrated relevant CMAR experience of the Proposer, and/or, 2_ Value -delivery techniques on non-CMAR projects that demonstrate results and benefits to the project and Owner. City of Fort Worth — Ray White Road Widening Improvements Project CPH 103270 Page 3 of 50 CMAP. RFP (Form 4/26/22) SECTION 1: DEFINITIONS AND DOCUMENTS A. Definitions: In this Request for Proposals capitalized terms whether defined herein or in the General Conditions (in the event of duplicate definitions which cannot be harmonized, the specific shall govern over the general) shall mean: Agreement means the written instrument memorializing the understanding between City and CMAR regarding the prosecution of the Work's Preconstruction Phase services and Construction Phase Services. City means the City of Fort Worth, Texas. CMAR means Construction Manager -at -Risk, the entity or person with which the City will contract to provide the construction manager -at -risk Preconstruction Phase Services and Construction Phase Services for the Project. Construction Budget means the amount of $13.256,000.00, in currently available funds, as detailed on Exhibit I. Construction Phase Services means the Construction services for the Project as more fully described in this RFP and the Contract. Construction Phase Fee means the fee, generally expressed as a percentage of the Cost of Work, Proposer seeks to earn for fulfilling the general conditions (to include profit, general overhead and other costs associated with supporting the Work) and prosecution of the Work. Contract Documents means the entire contract consisting of the Agreement, the Request for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Engineer means Burns & McDonnell Engineering Company, Inc., with whom the City has contracted to design the Project. Guaranteed Maximum Price (GMP) means the maximum cost to the City for CMAR to construct the Project within the Construction Budget, inclusive of the Construction Phase Fee. Owner means the City of Fort Worth, Texas. Preconstruction Phase Services means the preconstruction phase services that the CMAR must provide as more fully described in this RFP and the Contract. Preconstruction Phase Services Fee means the entire cost to provide the Preconstruction Phase Services including overhead, profit and all other expenses. Project specifically means the construction of Ray White Road from Mirage Drive to the bridge north of Camrose Street. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 4 of 50 CMAR RFP (Form 4/26122) Proposal means the Proposer's written response to this RFP. Proposer means a person, corporation, partnership, or other entity that submits a Proposal in response to this RFP. RFP means Owner's request for proposals seeking responses from eligible Proposers including, at a minimum, the Proposer's proposed fees and prices for fulfilling any general conditions or Work related to the Project. Utilization Plan means a Proposer's preliminary and final plans to address the diverse Business Equity Goal (as defined herein) for use when bids or proposals are sought from trade contractors or subcontractors for performance of all major elements of the Work. Work means all labor, materials, equipment, and services necessary to construct, erect, install, equip, complete and commission the Project as provided in the Contract Documents. Work shall not include Preconstruction Phase Services. B. Documents: The Exhibits and Attachments listed above in the table of contents are attached hereto and are incorporated as part of this RFP. SECTION 2: DESCRIPTION OF PROJECT A. The project consists of the widening of 1.01 miles of Ray White Road, from Mirage Drive to the bridge over Bear Creek, to a 4-lane divided roadway with a center median turn lane. The project includes construction of 6' sidewalks and 10' shared use paths, curb ramps, and streetlights. The project also includes construction of an enclosed drainage system with inlets; traffic signal at the intersection of Wall Price Keller Road; and widening the existing single lane roundabout at the intersection of Wyndrook Street and Park Vista Boulevard to two lanes. Most of the project will be performed within existing City right-of-way; however, additional right-of-way will be required and obtained between Wall Price Keller Road and Scheumack Drive. B. The City's Engineer is in the process of preparing 30% design engineering documents and plans. Right -of -Way ("ROW") acquisition is anticipated to begin in March 2023 and be completed by June 2025. Franchise Utilities will begin designing relocations in May 2023 with an expected relocation completion date of July 2025. C. The scope of Work includes development of following final PS&E documents: 1. Site Preparation, Demolition/Removals, and Earthworks Plans 2. Storm Drain Plans 3. Water and Wastewater Line Relocation Plans 4. Roadway Construction and Roundabout Modification Plans 5. Signage and Pavement Marking Plans 5. Traffic Control Plans City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 5 of 50 ",MAR K�:P (Form 4/26/22) 7. Street Illumination Plans 8. Traffic Signal Plans (New Signal at Intersection of Wall Price Rd) 9. Quantity Summary, Specifications, and General Notes C. Project Team. The City has selected Burns & McDonnell Engineering Company, Inc., as the Engineer. The City's team of employees who will work on this Project consists of Transportation and Public Works Department personnel and other departments as needed. CMAR shall not be authorized to direct the Engineer to make changes to plans, specifications, quantities, or any other work product produced by the Engineer for the Project. D. Additional Professional Services. The City will contract separately for (1) inspection services, (2) testing of materials, (3) any verification testing services necessary for acceptance of the Project. The City reserves the right to retain other professionals and consultants to assist it with Preconstruction Phase and Construction Phase services and monitoring the Work. E. Permissions/Reiections. The CMAR will not perform any phase of services until the City provides the CMAR with written notice to proceed with that phase. The City may determine not to proceed with any and/or a portion of the Construction Phase Services, at the City's sole discretion. The City reserves the right to reject any or all proposals. SECTION 3: BUSINESS EQUITY PROVISIONS FOR CONSTRUCTION MANAGER AT RISK (CMAR) SOLICITATION Note: Capitalized terms used in this section not specifically defined herein are defined in the Business Equity Ordinance. A. All proposers shall note that the Business Equity Ordinance No. 251 G5-10-2021 (to be codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority -- and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000, as detailed below. The Business Equity Goal for Pre -Construction Phase Services is 0%. The Business Equity Goal for Construction Phase Services is 15%. B. Unless modified herein, Proposers shall follow the guidelines found in Attachment 3 - Business Equity Goal. If a Proposer is certified as a Business Equity Firm, such Proposer can count its self -performance services towards meeting the Business Equity Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification. If such Proposer will not self -perform all of the work, it will be required to provide subcontracting opportunities with certified Business Equity Firms to meet the stated goal(s). City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 6 of 50 CMAR RFP (Form 4/2W2) C. Proposers must obtain a listing of certified Business Equity Firms from the City of Fort Worth's Department of Diversity and Inclusion (DVIN). The request for listings form can be found on the City's site at htivs://www.fortworlhtexas.pov/departnients/diversity-inclusion/business- e uit , by calling (8 i 7) 392-2674 or email DVIN_BEOf ice(i4fortworthtexas.gov_ The selected CMAR acknowledges it will present Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City of Fort Worth at the time the GMP is submitted, in order for the participation to he counted towards the established goal(s). The Finns must be located in the Marketplace, or meet the requirements of the City's Significant Business Presence which means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located Outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. D. Proposers shall submit with their proposals a preliminary Business Equity Utilization Plan ("Plan") to address haw the Proposer will comply with the Business Equity Goal(s), if any, when proposals/bids are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the preliminary Plan must certify that the Proposer will comply with the requirements of Subsection C of this section and present evidence of the Proposer's past business diversity procurement practices. The preliminary Plan should also detail, to the extent possible, Proposer's anticipated efforts to comply with Subsection E herein. Failure to submit a preliminary Plan may render a Proposer non -responsive and cause the Proposal to be rejected. E. At the time the Guaranteed Maximum Price proposal is submitted to the City, it shall be accompanied by the CMAR's final Business Equity Utilization Plan detailing efforts to comply with the Business Equity Goal(s). The final flan shall use the required documentation (see Attachment 3) and include, at a minimum: l . A detailed description of the work to be performed by each Business Equity Firm; 2. The expected sub -contract value or percentage of the GMP construction cost for each phase of work identified for each Business Equity Firm participant; 3. The timing of the major elements of the work including approximate advertising dates and provide the same identification information for all non- Business Equity Firm participants 4. The Business Equity Finn company name, address, point of contact, email address, office and fax telephone numbers of the subcontractors and suppliers and their respective participation; 5. The tier level, i.e., l" 2nd, 3rd etc (if other than I" tier, the plan trust clearly identify the firm name and tier from whom the Business Equity Firm will be receiving payment); 6. The Business Equity Firm percentage level of commilment achieved and/or a Good Faith Efforts statement, City of For(Worth - Ray White Road Widening Improvements Project CPN 103270 Page 7 of 50 CMAR RFP (Form 4126/22) During the Project, the CMAR shall communicate with, and report compliance to, the City's Project Manager and the DV IN including providing letter(s) of intent, purchase orders and/or executed sub -contract agreements {after award by the CMAR} prior to the issuance of the notice to proceed of each relevant phase of the Work. F. Business Equity Firms must be certified at the time each of the Work's major elements are bid or proposals submitted, in order for the participation to be counted towards the established goal. G. Failure to comply with the Business Equity utilization commitments in the Plan may subject the CMAR to sanctions as provided in the Ordinance. 1. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE DURING CONSTRUCTION MAY SUBJECT THE CMAR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For additional information contact the DVIN at (817) 392-2678 or send email to DVIN BEOffirefu?fortworthtexas.lzov_ SECTION 4: CMAR SERVICES A. PRECONSTRUCTION PHASE SERVICES The CMAR Preconstruction Phase services will be provided for a fixed cost identified in the Proposal. The CMAR will provide the following Preconstruct-ion Phase Services: I . Provide a Project Manager, all Key Personnel and all other associated personnel necessary to fully meet the CMAR obligations for the Preconstruction Phase Services; 2. Participate in one Project kick off meeting for Preconstruction Phase Services, 3. Participate in bi-weekly meetings or workshops with the Engineer, Owner or Gathers as needed; 4. Provide Insurance for the Pre -Constriction and Construction Phases as described in Section 8; 5. Provide monthly progress reports and percent of complete billings; 6. Provide monthly project planning and scheduling report (using critical path method, if required) and prepare cash flow analyses for both the pre -construction and construction phases; 7. Consult with, advise and provide recommendations to the City and the Engineer on all aspects of the design, proposed construction, drawings and specifications and review prequalif cation of subcontractor requirements, if any; 8. Provide constructability review and consult on constructability issues of the design documents, plans and specifications. including written reports and recommendations on design packaging to advance construction, material availability and independent quantity calculations: City of Fort Worth — Ray While Road Widening Improvements Project CPN 103270 Pane 8 of 50 CMAR RFP (Form 4126122) 9. Provide list of additional details needed on the design documents and final design review plans that would be needed to complete the project in the allotted time, facilitate the intent of the project, support cost control measures, or to accelerate aspects of the work; 10. Provide input and assist Engineer in developing construction sequencing; 11. Identify and evaluate methods to gain efficiency in Project delivery; 12. Incorporate the City's standard specifications and provisions relating to quality, safety, community, and environmental factors; 13.Identify, evaluate and propose alternatives to reduce schedule, reduce costs, or improvements that otherwise will improve the Project for the City. Provide cost/benefit analysis of alternatives to the City and Engineer for approval prior to incorporation in the GMP; 14. Identify and evaluate early enabling work packages of the Project that may require less than 100% design prior to commencing construction such as specific independent project elements, utilities relocation, grading or site clearing; 15. Identify long -lead materials or equipment that will impact critical path delivery of project and inform the City if anticipated delays in procurement will alter the Project Schedule. Provide written documentation on the availability of labor, materials/equipment, building systems, cost -sensitive aspects of the design and other factors that may impact the GMP Proposal(s) and/or the Project Schedule; 16. Provide rough order of magnitude construction estimate at 30%, and 60%, if applicable; 17. Develop for review an emergency/site safety plan and a quality management plan that complies with the Contract Documents. Develop for review a Quality Assurance/Quality Control (QAIQC) program to outline continuing attention to the production and installation of fit for purpose Work; 18. Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling other environmental issues (dust, on site chemicals and fuel, etc.) required to comply with permits and regulations applicable to the Project; 19. Identify Work which the Proposer intends to self -perform (if minor) or compete for award (if major) and inform the Project Manager of same; 20. Identify which work, if any, should be procured through value -based competitive selections in lieu of low bid and to the extent possible, inform the Project Manager of same; 21. Identify work types which will require pre -qualified contractors and obtain familiarization with the City's prequalification requirements; 22. Provide updated subsurface utility engineering (SUE) up to and including Level A, as required, to re -confirm the location of existing or relocated utilities after initial SUE, or, if none, to ascertain subsurface conditions and physical conditions of existing subsurface facilities and underground utilities as needed to minimize schedule delay and cost impacts in advance of construction. The CMAR shall have the ability to perform these services in the pre -construction phase and this cost and scope will be negotiated with City after award. The CMAR may provide in the GMP for additional SUE investigations to improve the adequacy and completeness of the site condition information; 23. Create or utilize contract documents that are sufficiently clear and detailed to minimize ambiguity and scope interpretation during Preconstruction and Construction Phase; City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 9 of 50 CHAR RFP (Form 4/26/22) 24. Develop independent detailed construction cost estimates for the Project and Critical Path Method schedules at the 90% and final design milestones; 25. Publicly solicit and competitively procure, pursuant to City prequalification requirements, if any, trade contractors, including self -performance, or subcontractors or suppliers for all major elements of the construction work, and if necessary, for materials, estimated at greater than $50,000.00; 26. At 60% complete design, or at a mutually agreeable alternative design percent complete, provide a complete, detailed, written GMP proposal including list of bids received, identifying the bidders, recommendations for the award of subcontracts to construct the Project, resource loaded baseline schedule with anticipated cash flow, line item cost breakdowns with conditions and assumptions and CMAR Contingency. Provide open book pricing including raw costs, markups, bid adjustments and conditioning or other cost data for CMAR, or CMAR's subcontractors if requested by the City; 27. Attend, prepare, and lead meeting with City and Engineer to present GMP Proposal. CMAR shall negotiate in good faith with City staff on GMP proposal. B. CONSTRUCTION PHASE SERVICES The CMAR Construction Phase services will be provided for a percentage fee of the Cost of Work as identified in the Proposal and described in the General Conditions. The CMAR will provide the following Construction Phase Services: I. Provide Performance Bond, Payment Bond, and 2-year Maintenance Bond(s) as described in Section 8; 2. Participate in one Project Kick Off Meeting for Construction Phase Services; 3. Coordinate, oversee, furnish, install, and manage construction of the Work in strict accordance with the Contract Documents including the Plans and Specifications and General Conditions within the Guaranteed Maximum Price and within the Contract Time agreed upon by the CMAR and the City. CMAR shall provide or procure all necessary labor, equipment, and materials to complete the Work; 4. Establish contracts with subcontractors and material suppliers to perform the Work and maintain strict enforcement of City's or other applicable prevailing wage requirements; 5. Review and monitor the final design and suggest equipment, materials and systems for selection; 6. Review site safety/emergency response plan with subcontractors; 7. Coordinate with and acquire all applicable permits from local and state agencies unless otherwise defined in the Contract Documents, as necessary; 8. Coordinate with all third parties hired by the City in connection with or to help facilitate the Work; 9. Procure all necessary labor, materials and equipment not previously procured during Preconstruction Phase to facilitate the Construction Phase of the Project; 10. Manage all procurement and construction -related subcontracts including compliance with the Business Equity Provisions. This includes inspection of the Work performed by subcontractors to verify conformance with the Contract Documents; City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 10 of 50 CMAR RFP (Form 4/26/22) 11 _ Monitor and maintain quality controls over shop drawings, equipment and materials, implementation and the Work; 12. Implement the construction site safety plan to provide a safe working environment for the Project; maintain, update and implement as needed the emergency response plan; 13. Conduct a Pre -Construction Meeting with all the contractors, sub -contractors, inspectors, City staff and other entities performing major elements of the work prior to the start of their work activities; 14. Implement traffic control plans created during Preconstruction Phase or provide mutually agreeable alternative plans based on actual field conditions; 15. Comply with City, county or state regulations for the management of storm water, dust and other regulatory environmental requirements; 16. Follow established protocols and procedures to track, expedite and process all submittals, Project change orders/Field Orders and requests for information; 17. Monitor and update monthly the Critical Path Method or other scheduling for the Project, prepare three week look ahead work schedules consistent with overall schedule. Provide monthly progress reports inclusive of earned value analysis of the progress achieved to date, any concerns regarding delays or potential delays, and any recommendations regarding mitigating actions; 18. Monitor and update monthly: contingency (CMAR's contingency and Owner's Contingency), project Allowance and shared savings tabulations and CMAR's cumulative earned fee; 19. Review and process all pay request applications from subcontractors; 20. Conduct monthly progress meetings with the on -site trade foremen or superintendents and subcontractor representatives, as applicable; 21. Attend bi-weekly (every two weeks) meetings with City Staff, inspectors, and other entities; 22. Supervise, receive and manage product warranties/guaranty documents, if any, issued for materials or equipment and related installation, and provide same to the City upon Final Acceptance of the Project, or at a date negotiated by the Parties; 23. Conduct walk-throughs at Substantial Completion and for the Final Inspection with the Transportation and Public Works Department, Water Department, PARKS, TxDOT, and Engineer at the appropriate times and at 20 months after Final Acceptance regarding the two-year warranty; 24. Implement close out procedures and complete punch list items necessary for the City to accept the Project as being finally complete; provide lien waivers and affidavits of bills paid from all subcontractors and material suppliers; 25. Complete all Construction Phase Services and Work no later than the end date of the Project Time established as part of Article b—Project Time and Liquidated Damages, of the CMAR Agreement (Attachment 2 — CMAR Agreement); 26. Prepare a final report on all construction costs and provide final as -built documents in hard copy, PDF and/or other electronic format as specified by the Engineer. C. SELF PERFORMANCE REQUIREMENTS City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 11 of 50 CMAR RFP (Form 4/26/22) In accordance with Texas law, the CMAR may seek to self -perform work if the CMAR submits a bid or proposal in the same manner as all other trade subcontractors or suppliers and the City determines that the CMAR's low bid or proposal provides the best value for the submitted work. The CMAR must still meet the Business Equity goal even if self -performing some or all of the Construction Phase Services. SECTION 5: PROCEDURAL REQUIREMENTS REQUEST FOR PROPOSALS A. RESERVATION OF RIGHTS 1. The City may reject any oral] Proposals and/or waive minor deviations and/or irregularities therein and evaluate proposals. 2. The City reserves the right to cancel this project for any reason at any time during the proposal evaluation process without incurring any obligations or liabilities. 3. The City reserves the right to modify the CMAR procurement schedule. B. SUBMISSION OF PROPOSALS I. Proposal Each Proposal should be prepared simply and provide a straightforward and concise description of the Proposer's ability to perform, as a CMAR, the required Preconstruction Phase Services and Construction Phase Services as described in this RFP and the Agreement as per the General Conditions. Emphasis should be on completeness, clarity of content, responsiveness to the requirements and an understanding of the City's needs. Vague or misleading statements will be viewed unfavorably. 2. Modifications to Submissions No modifications to materials that have been submitted to the City are allowed unless Proposer withdraws its entire response. Resubmittal is acceptable up to the time specified for submittal of proposals. 3. Disclosure of Proprietary Information All materials submitted to the City become public property and are subject to the Texas Public Information Act upon receipt. If the Proposer does not desire submitted information that it considers to be proprietary to be disclosed, each page must be identified and marked proprietary at the time of submittal. The City will, but only to the extent allowed by law, endeavor to protect such information from disclosure. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. City will notify any and all Proposers if a Public Information Act request is received to allow a Proposer to prepare its own response to protect its proprietary material beyond that which the City is allowed. Entire Proposals marked as proprietary will not be provided any special care under a PIA request. 4. Costs of Preparing Proposal All costs of preparing the Proposal shall be the sole responsibility of the person or entity submitting the information. 5. Pre -Proposal Conference A Pre -Proposal Conference will be held at 2:00 p.m. on Thursday, September 15, 2022. The conference will be held in the Transportation and Public and Public Works Conference Room 270, 2"d Floor of City Hall, 200 Texas Street, Fort Worth, Texas 76102. The presentation given at the conference and any questions and City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 12 of 50 CMAR RFP (Form 4/2W2) answers provided at the conference will be issued as an Addendum to the bid. All interested proposers are strongly encouraged to participate in this conference. 6. Further Information and Questions Information requests and questions must be submitted in writing by email and received by the City Project Manager no later than Friday, September 16, at 5:00 pm. Responses to all requests and questions will be emailed to all known interested parties and posted to the City of Fort Worth Purchasing Division website at http: www.fortworthgov.org/purchasing by end of day, Monday, September 19, 2022. Please email all information requests and questions regarding this RFP, with "Ray White Road CMAR RFP" noted in the email Subject Line, to: Leon Wilson, PE Project Manager Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 Leon.Wilson(@.fortworthtexas.gov 7. Anti -Lobbying Proposers submitting Proposals and any interested subcontractors are prohibited from directly or indirectly communicating with, including but not limited to contact by email, phone or in person, any City of Fort Worth representative regarding this RFP, except as provided herein for requests for further information. 8. Submission of Proposal The proposal shall be limited to 25 pages. Proposals must be printed on letter -sized (8.5 inch by 11 inch) paper. Sheets as large as 11 inches by 17 inches may be used for graphics and will be counted as two pages. Sections should be divided by tabs for ease of reference. The 25-page maximum does not include a one -page cover letter and the required fee proposal form. The Proposal shall use 10 pt. font or larger for the text. Resumes of Key Personnel may be included in an appendix if desired, not to exceed an additional 10 pages. Each copy of the Proposal must be bound to ensure that pages are not lost. One (1) original, one (1) electronic (PDF format or equivalent). An original signature must appear on the cover letter. Please mark the document with the original signature as "ORIGINAL'. 9. Receipt of All Proposals shall be sealed in an envelope or container marked on the outside with the Proposer's name and address and: Ray White Road — Mirage Drive to the bridge over Bear Creek CMAR RFP City Project Number 103270 Transportation and Public Works Department Facsimile submittals will not be accepted. Proposals may be mailed or delivered to: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 City of Fort Worth — Ray White Road Widening Improvements Project CPH 103270 Page 13 of 50 CMAR RFP (Form 4/26/22) All sealed proposals must be received by the City no later than 1:30 pm on Thursday, September 22, 2022. All proposals will be publicly opened and the names of the Proposers and the submitted fees and prices for the Project will be read aloud at 2: 00 pm the same day in the City Council Chambers. Proposals received after the date and time specified herein will be returned unopened. 10. Conflict of Interest Questionnaire Each Proposer must complete and submit directly to the City Secretary's Office, an original Conflict of Interest Questionnaire. If a Proposer already has a Conflict of Interest Questionnaire on file with the City Secretary's Office, a Proposer may so certify to that fact. See Exhibit E. 11. Financial Statement Proposers should provide one copy of an audited financial statement from the current or previous year or, if the Proposer does not have audited financial statements, the previous year and current year-to-date financial statements. The single financial statement should be submitted with the original proposal, and may be provided in a separate sealed envelope and does not affect the page count. ��Xa]LI IMMILOISM 11.W1 1[1].2 1111 y 011110 Proposers shall submit complete responses to all requirements described in this RFP. Although concise submittals are preferred, proposals must be sufficiently detailed to demonstrate that the Proposer can successfully deliver the CMAR scope of services. All items in all tabs shall be included in each copy of the Proposal. Proposals containing incomplete information will be rejected. A. The Proposal must contain the following information in the following order: 1. Cover Letter (Pass/Fail) Not included in page count The Proposer's one -page cover letter should clearly state that the Proposal is valid for 90 days from submission of the Proposal and should be signed by an individual with authority to commit the Proposer to the Project. The 90-day period applies to the Exhibit I. 2. Forms and Certifications (Pass/Fail) Not included in page count The Forms and Certifications in Exhibits A — K are attached for use in documenting compliance with the City's procurement process, Business Equity Firm requirements and for use in preparing the Proposer's Price Proposal. 3. Proposer's Corporate Experience and Financial Stability (10 point maximum, not to exceed 3 pages) Included in page count The Proposer shall provide information in a tabular format, for roadway construction projects of similar size, and scope, including project durations for projects completed or currently in progress for all owners within the past ten years. The proposer shall demonstrate a history of completing projects on time and financial capacity to deliver the Project. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 14 of 50 CHAR RFP (Form 4/26/22) Proposer shall identify and present a detailed summary on up to five projects that best represent the Proposer's relevant, demonstrated experience and services requested for the Project. The total number of projects presented shall not be less than three. The Proposer shall identify its experience in the performance of CMAR Pre -Construction Services which will be required on this project, specifically (1) working with design engineers in the preparation of construction documents, (2) constructability reviews based on engineering drawings and site visits, (3) preparing cost estimates on partially completed construction documents, (4) project scheduling, and (5) developing a GMP. The proposer should explain the benefits of their experience in terms of value for the Project. The Proposer shall identify the major work elements/trades of a typical project and identify if the Proposer intends to self -perform such elements/trades and provide examples of those elements/trades which it normally self -performs. The listing of major work elements/trades should, at a minimum, include those listed under Section 2 Description of Project above. 4. Pricing of CMAR Services (5 points maximum, not to exceed 1 page) Not included in page count Provide the Preconstruction Phase Cost (expressed in dollars) and Construction Phase Fee (expressed as a percentage of cost of work) on Exhibit I — Construction Budget and Fee Proposal. Provide any proposed incentives for delivery. 5. CMAR Qualifications and Experience of Key Personnel (relevant Non-CMAR construction experience acceptable) (20 points maximum, not to exceed G pages) Included in page count Overall qualifications, capacity, experience and workload of the Proposer's Key Personnel to perform the required Preconstruction Phase Services and Construction Phase Services shall be provided. Additional information should demonstrate results and successes with projects of similar size and scope (CMAR and Non-CMAR Experience) including Proposer's relevant experience in project delivery such as: value engineering, constructability reviews, value analysis and best practices in construction delivery methods (design/bid/build, construction management at risk and design -build) and associated Preconstruction Services. The team's value proposition shall be clearly communicated through experience, results and assigned roles and responsibilities. Proposer shall provide an organizational chart showing all Key Personnel and other personnel (either by name or job category) for both Preconstruction Phase and Construction Phase Services. Include a statement that proposed Key Personnel will be dedicated and available for the performance of the Project and will only be changed with prior written approval by the City. State the amount of time, on a percentage basis, each Key Personnel is expected to charge during the Preconstruction Phase and Construction Phase Services. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 15 of 50 CMAR RFP (Form 4/26/22) The Proposer will provide client references for three of the projects listed in. Item 3 using Exhibit F. G. Project Approach (65 points maximum, not to exceed 15 pages) Included in page count Preconstruction Services (1 0 points maximum) Describe the approach to the successful completion of the Preconstruction Phase Services. Discuss the potential benefits from these activities to the overall Project. Use examples from prior efforts to prove benefits. Identify any specialized skills or special consideration that Proposer will be able to provide. Construction Avvroach (15 voints maximum) Describe the approach to the successful completion of the Construction Phase Services and identify any specialized skills or special considerations that Proposer will be able to provide. Use specific examples where possible. Describe in detail Proposer's approach to dealing with delivery impacts (i.e. adverse weather, operational issues, etc.), working with stakeholder and customer communities, and managing sub contractors. Approach to managing and maintaining cost and schedule as it relates to franchise utilities and third -party stakeholders. OAIOC and Safetv Plan (5 voints maximum) Describe how Proposer will develop and implement quality assurance/quality control and site safety plans to achieve a successful project. Cost and Schedule Control (35 paints maximum) Describe how Proposer will manage and control costs and schedule. Discuss how change management process will be addressed. 7. Compliance with the Business Equity Ordinance (Pass/Fail, Not to exceed 1 page) Included in page count Proposer shall acknowledge and commit to meeting the overall diverse Business Equity goal and present its preliminary Utilization Plan (as defined above in Section 3.13.). Failure to submit a preliminary Utilization Plan may render a. Proposer non -responsive and cause the Proposal to be rejected. B. Review of Proposals and Release of Information The City will convene a team to apply the Evaluation Criteria set forth in this RFP and to rank the qualified Proposers with the goal to select the Proposer that offers the best value under the evaluation criteria. Within seven days after the City Council authorizes execution of the CMAR contract, the City will document the basis of its selection and make the evaluations public. C. Guaranteed Maximum Price City of Fort Worth — Ray White Road Widening Improvements Project CPH 103270 Page 16 of 50 CMAR RFP (Form 4/26/22) 1. The GMP will be established during the Preconstruction Phase Services and will be acknowledged as an amendment to the CMAR Agreement. The CMAR assumes the risk of completing the Work for the stated GMP and within the allotted Contract time. Cost sharing arrangements are more fully described in the Contract. Adherence to the GMP, as may be amended by the parties, shall be the responsibility of CMAR. Cost overruns shall be borne by the CMAR. 2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended) of the Texas Government Code. This statute, among other things, requires all contractors and subcontractors performing public works contracts for a municipality to: a. pay the prevailing wage rate as determined by the municipality; b. keep records of the name and occupation of each worker, laborer and mechanic employed by them to work on the Project and the actual per diem wages paid to each; and c. forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or mechanic who is not paid the stipulated wage for the type of work performed by him as required by the Labor Classification and Minimum Wage Scale. The City is authorized to withhold the penalty amount from the CMAR's payment, as provided in the statute. d. The prevailing wage for this Project will be included in the GMP calculation and will be established at the time the bids/proposals are requested for the major elements of the Work. SECTION 7: AWARD AND EXECUTION OF CONTRACT After evaluation and ranking, Staff will attempt to negotiate a contract with the top ranked Proposer. If negotiations fail, the City will end the negotiations in writing and commence negotiations with the next -highest ranked Proposer, and so on, until a contract is negotiated or all candidates are rejected. At this stage, Staff will negotiate only those items listed as Exceptions to Agreement - Exhibit D, and any cost sharing proposals submitted on Exhibit 1. Excessive contract exceptions will be viewed unfavorably. The initial notice to proceed will be for the Preconstruction Phase Services. The City may elect to not proceed with the Construction Phase Services, at the City's sole and exclusive discretion. As provided in the Agreement, the City may terminate the contract after the Preconstruction Phase if a GMP cannot be negotiated during the Preconstruction Phase as well as during the Construction Phase - with or without cause. To comply with Article 11, Sec. 5 of the Texas Constitution, the City will include the following provision in the Contract: "Notwithstanding any other provisions of this Contract, if this Contract provides for the City to make payments to the CMAR in any fiscal year following the City"s fiscal year in which this Contract begins and the City's City Council fails to appropriate funds to make the payments, then this Contract automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the City shall not be obligated to make or have any liability to the CMAR for the payments." City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 17 of 50 CMAR RFP (Form 4/26/22) SECTION 8: BONDS AND INSURANCE REQUIREMENTS Performance and Pavinent Bonds. If a fixed contract amount or guaranteed maximum price has not been determined at the time the CMAR contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the estimated Construction Budget, as specified in this RFP and on a form acceptable to the City. The CMAR shall deliver the bonds not later than the loth day after the date the CMAR executes the contract unless the CMAR furnishes a bid bond or other financial security acceptable to the City to ensure that the CMAR will furnish the required performance and payment bonds when a guaranteed maximum price is established. If any Maintenance Bonds are required, said bonds shall be provided or procured by the CMAR and shall be in the name of and in favor of the City. All payment, performance and maintenance bonds issued with respect to this section shall be provided by a surety authorized to do business in the State of Texas and in accordance with Texas Gov't Code 2253. The City's bond forms are provided in Exhibit G. Insurance. Please refer to Attachment 1 General Conditions for CMAR Project at Article 5, Section 5.03-5.05 for detailed insurance values, limits and descriptions. SECTION 9: INSPECTION AND CONSTRUCTION MATERIAL TESTING The City will provide or contract for, independently of the CMAR's services, inspection services, testing of construction materials, engineering, and the verification testing services necessary for acceptance of the Work. The selected Proposer will be required to coordinate these services. SECTION 10: PROPOSED SCHEDULE Publication of Request for Proposals (1") Publication of Request for Proposals (2nd) Pre -proposal Conference (2:00 PM) Deadline for Comments (5:00 PM) Final Addendum Posted (5:00 PM) RFP Submittals Due: 1:30 PM Opened and Read Aloud: 2:00 PM Evaluation of Proposals Notice to Selected CMAR Contract Negotiations CMAR Contract Award (M&C) September 1, 2022 September 8, 2022 September 15, 2022 September 16, 2022 September 19, 2022 September 22, 2022 September 22, 2022 September/October 2022 October 2022 October 2022 November 2022 Notice to Proceed (Preconstruction Phase) November 2022 GMP Proposal Delivery August 2023 Notice to Proceed (Construction Phase) July 2025 City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 18 of 50 CMAR RFP (Form 4/26/22) Map I - Location Map — — — — — — I — — I KFI LER r�. I Ktt tth r�[ rL -- - - - ___--—r i- t I PEAIRL I I MIP r* 8eolr r — ' + I _ _ _ _ ———-- I I TAYLN I I I rid. I I —— — —— — — — I —L VNE,w QL � I 1 1 Creek I I I I r ' I t-_ I a �BRPI D CT t STACECoA 4 4 r I " I I }BRAY *WE _ w qz LQ I T V a F` 1 �p1.. �-►-. T i ¢ WELL'PR" KEUEFr RD � mowL J 5T WA,E bp i I K,�cEP BEGIN PROJECT/� MIRAGE DRIVE SI*'ER ml City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 CMAR RFP (Form 4/26/22) WALL PFCCE KELLER I FRAY Page 19 of 50 Map 2 — Schematic Layout of Project littps://does.b360.autodesk.com/shares/54e4OO46-5324-4c26-S 86a-OaO t'2a5 7b4da City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page ZO of 54 CMAR RFP (Form 4/26122) E_vhrbit A - Proposal Transmittal Letter TO: City of Fort Worth, Texas FROM: (Proposer's Name) FOR: Ray White Road from Mirage Drive to the bridge north of Camrose Street Submitted: , 2022 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal and Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Construction Manager -at -Risk Services including development of a Guaranteed Maximum Price Proposal and to construct the Project in accordance with the said Contract Documents. The Proposer agrees, if this Proposal is accepted, to enter into a written contract with the City of Fort Worth, Texas to furnish all items necessary to perform the Construction Manager -at -Risk Services including Pre - Construction Services and Construction Services in full and complete accordance with the reasonably intended requirements of the respective scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer agrees, if the Guaranteed Maximum Price Proposal is accepted, to commence with the construction of the Project completely by furnishing all necessary products, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of the Work in full and complete accordance with the reasonably intended requirements of the Contract Documents to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this Proposal Transmittal Letter submitting the Proposer's response to the RFP and further authorizes and hereby requests any person, firm, or corporation, if requested by the City, to furnish any information in verification of the recitals comprising this Proposal. By the signature provided below, the signatory affirms that the information provided herein and in this Proposal is true and correct to the best of his/her knowledge and belief. Attached hereto is authority provided by the Proposer's governing body verifying the authority of the signatory to so execute this document. By: (signature) Title: Date: City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 21 of 50 CHAR RFP (Form 4/26/22) E_rhihit B — Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Preject No.. Name of Project: Location: OWNER's Name and Address: OWNER's Contact Person {Print}: Phone/Fax No.:1 Initial Contract Price: Final Contract Price: For Design Projects, Construction Cost: Contract Start Date:_(Date of Notice to Proceed) Contract Time: (} CaIendar Days () Working Days Contract Substantial Completion Date: Actual Substantial Completion Date: If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 22 of 50 CHAR RFP (Form 4/26/22) Project Description and Statement of Relevance to this Project: City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 23 of 50 CMAR RFP (Form 4/26/22) E_rlsihit C- Proposed Project Key Personnel Project Manager Organization Doing Business As Name of Individual Years of Experience as Project Manager (minimum 15+ years experience managing similar projects of scope, preferred) Years of Experience with this organization Number of similar projects as Project Manager Number of similar projects in other positions Project Name and Description Name Title/ Position Organization Telephone E-mail Project Candidate role on Project Name of Assignment Initial Final Contract Contract Price Price Name Title/ Position Organization Telephone E-mail Project Candidate role on Project Percent of Time Used for this Initial Contract Completion Twe Actual Contract Completion Qate Estimated Project Completion Date City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 24 of 50 CHAR RFP (Form 4126122) Exhibit C - Proposed Project Key Personnel — Continued {Construction Manager Organization Doing Business As Name of Individual Years of Experience as Project Construction Manager (minimum 10+ years experience working with similar projects of scope preferred) Years of Experience with this organization Number of similar projects as Project Construction Manager Number of similar projects in other positions Initial Final Project Name and Description Contract Contract Price Price Name Name Title/ Position Title/ Position Organization Organization Telephone Telephone E-mail E-mail Project Project Initial Contract Completion rwe Actual Contract Completion Date Candidate role Candidate role on Project on Project nJ P Name of Assignment Percent of Time Estimated Project Used for this Completion Date City of Fort Worth — Ray White Road Widening Irnprovements Prgacl CPN 103270 Page 25 of 50 CMAR RFP (Form 4126122) Exhibit C - Proposed Project Key Personnel — Continued Preconstruction Manager Organization Doing Business As Name of Individual Years of Experience as Project Pre -Construction Manager (minimum 1 p+ years experience working with similar projects of scope preferred) Years of Experience with this organization Number of similar projects as Project Pre - Construction Manager Number of similar projects in other positions Project Name: and Description Name Title/ Position Organization Telephone E-mail Project Candidate role on Project Name of Assignment Initial Final Contract Contract Price Price Name Title/ Position Organization Telephone E-mail Project Candidate role on Project Percent of Time Used for this Initial Contract Completion DaIr Actual Contract Completion nqt.L- Estimated Project Completion Date City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 26 of 50 CHAR RFP (Form 4126122) Exhibit C - Proposed Project Key Personnel — Continued (Key In di 4du a IlPos idon as determined by Proposer} Organization Doing Business As Name of Individual Years of Experience Years of Experience with this organization Number of similar projects Number of similar projects in other positions Project Name and Description Name Title) Position Organization Telephone E-mail Project Candidate role on Project Name of Assignment Initial Final Contract Contract Price Price Name Title/ Position Organization Telephone E-mail Project Candidate role on Project Percent of Time Used for this Initial Contract Completion Flue Actual Contract Completion Dare Estimated Project Completion Date City of Port Worth — Ray White Road Widening Improvements Project CPN 103270 Page 27 of 50 CHAR RFP (Form 4126/22) Exhibit D — Exceptions to Agreement (see Attachment 2) Comment Location in Number CNIAR Exception and Rationale Suggested Alternate Language Agreement 1 2 3 4 6 7 8 9 10 lI 12 13 14 15 15 17 18 19 City of Port Worth - Ray White Road Widening Improyements Project CPN 103270 Page 28 of 50 CMAR RFR (Form 4/26/22) L-:.Yhihit l; — Conflict of Interest Statement CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This gvest iurinaire is being (led in accordance with Chapter 176, Local Government Code, by a vendor who has a business pate Received relatiomship as detined by Section 176.001(1-aj with a local governmental entity and the vendor meets requirements under Section 176.006{a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of farts that rectuire the statement to be Filed. See Section 176,006(a-t I, local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code An offense under this section is a misdemeanor. 11 fume of vendor who has a business relationship with local governmental entity. J Check this box it you are filing an update to a previously tiled questionnaire, (I he law requires that you Me an updated completed questionnaire with the appropriate filing authority riot later than the 7th business day after the date ❑n which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the locai government officer, or a family member of the J J lj officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B foreach employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, From the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment Income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Ye:, No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(Bl. excluding gifts described in Section 176.003fa-1). Signature of vendor doing business with the governmental entity Form provided by Texas Ethics Commission www.ethics.ix.us Qaic Revised 1/112021 City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 CMAR RFP (Form 4126/22) Page 29 of 51 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:lJwww.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code 6 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Cade § 176.003(a)(2)(A) and (13): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes awarethat: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code,$ 176.006(a1 and (a-11 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176-003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be fled with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or of a family relationship with a local government officer. END SECTION City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 30 of 51 CMAR RFP (Form 4126122) EvIribit F-- Client Reference Form Project Name: Owner's Name: Owner Contact's Phone Number: Owner's Contact Name & Title: Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Manager's Name: Engineer/Architect/Construction Manager's Phone Number: Engineer/Architect/Construction Manager's Contact Name & Title: Original Contract Value 1 GMP of Project: Cost Savings Identified: Final Contract Value of Project: Project Description: Original Project Duration: Original Project Completion Date: Actual Project Completion Date: Explanation for later project completion date or contract value overrun, if applicable: City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 30 of 50 CMAR RFP (Form 4/26/22) List Major Subcontractor's; names, contact phone numbers City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 31 of 50 CMAR RFP (Form 4/26/22) Exhibit G— Bond Forms (Far Information Only) Pre -Construction Phase Services: For Pre -Construction Phase Services, no bonds are required. Construction Phase Services: Construction Phase Bonds shall be the City's standard forms which have been included in this section: 00 61 13 Performance 00 61 14 Payment 00 61 19 Maintenance bonds Navigation: 02 - Construction Documents/Specifications/Div 00 — General Conditions City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 32 of 50 CMAR RFP (Form 4/26/22) THE STATE OF TEXAS COUNTY OF TARRANT That we, SECTION 00 6113 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS: , known as "Principal" herein and , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20_, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Ray White Road Widening improvements (Mirage Drive to the bridge north of Camrose Street), CPN 103269 & 103270. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 33 of 50 CHAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 20 PRINCIPAL: BY: Signature ATTEST: (Principal) Secretary Name and Title Witness as to Principal Address: SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 34 of 50 CHAR RFP (Form 4/26/22) SECTION 00 61 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, known as "Principal" herein, and , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Dollars ($ ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the day of 20 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Ray White Road Widening Improvements (Mirage Drive to the bridge north of Camrose Street), CPN 103269 & 103270. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void, otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 35 of 50 CHAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 24 PRINCIPAL: ATTEST: BY: Signature (Principal) Secretary Name and Title Address: Witness as to Principal SURETY: ATTEST: BY: Signature (Surety) Secretary Name and Title Witness as to Surety Address: Telephone Number: Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 36 of 50 CMAR RFP (Form 4/26/22) SECTION 00 61 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we known as "Principal" herein and , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Dollars (a ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the day of , 20 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Ray White Road Widening Improvements (Mirage Drive to the bridge north of Camrose Street), CPN 103269 & 103270; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 37 of 50 CHAR RFP (Form 4/26/22) PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. City of Fort Worth - Ray White Road Widening Improvements Project CPH 103270 Page 38 of 50 CMAR RFP (Form 4/26/22) IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of PRINCIPAL: BY: Signature (Principal) Secretary Name and Title Witness as to Principal Address: SURETY: BY: Signature ATTEST: Name and Title Address: (Surety) Secretary Witness as to Surety Telephone Number: , 2d *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 39 of 50 CMAR RFP (Form 4/26/22) Exhibit H — Safety History Table 1 f 2019 1 2020 1 2021 1 A I Total Number of Field Man -Hours B INumber of Recordable incidents with no lost time accidents C Number of Recordable Incidents with lost time accidents Total Recordable Incident Rate (TRIR) (B+Q x (200,000) I A E I Number of Fatalities F I Published Experience Modification Rate (EMR) Provide documentation as an to support the above Experience Modification Rate information. Either of the following methods are acceptable: ■ Letter from insurance agent, insurance carrier, or ,; r, .'ate government agency (on their 1&,,.,uc ad) verifying the modification rate. Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any of the past three years, provide OSHA 300 logs for each of the past three years. City of Fort Worth —Ray White Road Widening Imp ,Project CPN 103270 Page 40 of 50 CMAR RFP (Form 4/26/22) E_vhibit ! — Construction Budget and Fee Proposals Construction Budget The City's Construction Budget i $13,256,000.00 CMAR Fee Proposal Pre -Construction Phase Cost (Paid from other Project funds): Minimum Amount (required) $ 20,000.00 Additional Amount (if any, cannot be negative) $ Total Pre -Construction Phase Cost $ Construction Phase Fee: (expressed as a percentage of cost of Work; will be incorporated into GMP) % CMAR's Share of Unspent CMAR Contingency - if any "/o CMAR's Share of Unspent GMP (exclusive of CMAR Contingency) - if any % (refer to Attachment 2, Agreement, Articles 2.D and 2.E) Note: Only the Total Pre -Construction Phase Cost and Construction Phase Fee percentage will be read publicly at the time the RFP is opened. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 41 of 50 CHAR RFP (Form 4/26/22) 2. Forms and Certifications Pass/Fail 3. Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience, including safety record, self -performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history of completing projects on time. The Firm can Maximum 10 demonstrate relevant and recognized project delivery experience points through using various project delivery techniques and best practices. The Firm explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. 4. Pricing of CMAR services (Preconstruction and CMAR Fee) Maximum 5 Exhibit I points 5. CMAR Qualifications and Experience of Key Personnel (Relevant Non-CMAR experience acceptable): Overall qualifications, capacity, experience, and workload of the Proposer's Key Personnel to perform the required Preconstruction Phase Services and Construction Phase Services. Demonstrated results and success with of projects of similar size and scope (CMAR and Non-CMAR Experience): Proposer's relevant experience in project delivery including: value engineering, constructability reviews, value analysis and best practices in construction delivery methods (design/bid/build, construction management at risk and design -build) and associated Pre- Maximum 20 Construction Services. The team's value proposition is clearly points communicated through experience, results and assigned roles and responsibilities. CMAR and non-CMAR experience is recognized when the team can demonstrate experience in various delivery techniques and, explain the benefits of that experience in terms of value for the City's project. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 42 of 50 CMAR RFP (Form 4/26/22) 6. Project Approach a. Construction Approach: Proposer's approach to dealing with Maximum 25 delivery impacts (i.e., adverse weather, operational issues, etc.), points working with stakeholder and customer communities, and managing sub -contractors. Approach to managing and maintaining cost and schedule as it relates to franchise utilities and third -party stakeholders. b. Pre -Construction Services: Team's approach to performing pre - construction phase services, integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet or Maximum 10 exceed delivery timeline. Identify any specialized skills or special consideration that Proposer will be able to provide. points c. QA/QC and Safety Plan: Demonstrated development and implementation of Quality Assurance/Quality Control and Safety Maximum 5 Plans to achieve successful projects. points d. Cost and Schedule Control: Approach to managing and controlling costs and schedules_ Identify approach to change Maximum 25 management process. points 7. Compliance with the Business Equity Ordinance: Acknowledge and commit to meeting the overall diverse Business Ep_uity_ Goal and Pass/Fail present its preliminary Utilization Plan Proposer's responsiveness to Request for Proposal Yes/No City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 43 of 50 CHAR RFP (Form 4/26122) L• x:hihit K- Prevailing Wage Rates (For Information Only) (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling InstallerHelper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete CutterlSawer $ 17.00 Concrete CutterlSawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building AssemblerHelper $ 12.00 Metal Installer (Miscellaneous) $ 13.00 Metal Installer Helper (Miscellaneous) $ 11.00 Metal Stud Framer $ 1.6.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Reinforcing Steel SetterHelper $ 11.08 City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 44 of 50 CMAR RFP (Form 4/26/22) Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 1.6.77 Welder $ I9.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website: www.texoassociation.org/Chapter/wagerates.asp City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 45 of 50 CHAR RFP (Form 4/26/22) Attachment 1— General Conditions for CMAR Project General Conditions for CMAR Project can be found inside Ray White Road CMAR RFP bid package for downloading in following Bim 360 link: httmildocs.B60.autodesk.coin/shares/2929cOOc-eb87-4b76-aaO5-b I2be229fGdc City of Fort Worth — Ray White Road Widening improvements Project CPN 103270 Page 46 of 50 CMAR RFR (Form 4/26/22) Attachment 2—Construction Manager at Risk Agreement Construction Manager at Risk Agreement can be found inside Ray White Road from Mirage Drive to bridge over Bear Creek CMAR RFP hid package for downloading in following BIM 360 link: httns://does_b360.autodesk.collilsha.resla8c8605 a-ac724c89-a56-32dccde95Oc3 City of For(Worth - Ray White Road Widening improvements Project CPN 103270 Page 47 of 50 CMAR RFR (Form 4►26122) Attachment 3 — Business Equity Goal APPLICATION OF POLICY 1f the total dollar value of the conttact is $100.000 or more, then a Business Equity goal is applicable. A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBEs). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Finns when applicable. in the procurement of all goods and services. All requirements and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 25165-10-2021 (to be codified at: httos://codelibrary.ainlegal.com/codes/fworthilatest/ftworth_tx/0-0-0-22593) apply to this CMAR procurement. - BUSINESS EQUITY PROJECT GOAL The City's Business Equity goal(s) on this project is as stated in Section 3. A. to this RFP. METHODS TO COMPLY WITH THE GOAL On CMAR projects where a Business Equity Goal is applied. offerors are required to comply with the City's Business Equity Ordinance by meeting or exceeding the above stated goals) or otherwise complying with the ordinance through one of the following methods: 1. Commercially useful services performed by a Business Equity prime contractor, including the CMAR, 2. Business Equity subcontracting participation, 3. Combination of Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. SUBMITTAL OF REOUIRED DOCUMENTATION Pre -Construction Phase: CMAR shall ensure that contractors responding to CMAR's notice of bids or requests for qualifications shall provide their business diversity documentation to the CMAR no later than 2:00 p.m., on the third City business day after the bids/proposals opening date. CMAR shall provide notice of compliance to the PM by the close of business that same day. CMAR is encouraged to engage with DVIN staff during this phase should any assistance be required. Appiicable documents identified below must be submitted by the CMAR to the City of Fort Worth Project Manager or Department Designee, concurrent with submittal of the GMP. During the GMP evaluation period, DVIN staff will evaluate the CMAR's Business Equity Firm utilization proposal to verify the proposed firms and for compliance with the Utilization Plan. FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE CMAR'S GMP BEING REJECTED. CMAR may resubmit documentation in order to achieve a GMP in compliance with the ordinance. The CMAR, as part of establishing the GMP, must submit one or more of the following documents: 1. Business Equity Utilization Form (2022), if the goal is met or exceeded; City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 48 of 50 CMAR RFP (Form 4Q6122) 2. Letter(s) of Intent, if the goal is met or exceeded; 3. Good Faith Effort Form, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished; 4. Prime Contractor Waiver Form, including supporting documentation, if the CMAR will self - perform all subcontracting/supplier opportunities; or 5. MIWBE Joint Venture Eligibility Form, if goal is met or exceeded with a Joint Venture or Mentor -Protege participation. These forms can be found in the Diversity & Inclusion Website at: h(ti)://www.cfwuetorp-/Diversitv Inclusion/ Construction Phase: CMAR shall coordinate with the PM and DVIN to ensure ongoing compliance with the Business Equity Ordinance. FOR QUESTIONS, PLEASE CONTACT THE BUSINESS EQUITY DIVISION OF THE DEPARTMENT OF DIVERSITY AND INCLUSION AT (817) 392-2674. City of fort Worth — Ray White Road Widening Improvements Project CPN 103270 Pace 49 of 50 CMAR RFP (Form 4126122) Attachment 4 — Prequalifieation I.1. All contractors and subcontractors for major elements of the Work are required to be prequalified for the work types requiring prequalification as indicated below. CMAR shall not submit a proposed GMP containing bids from contractors or subcontractors who are not prequalified if so required. Prequalification requirement work types and documentation are available by accessing BIM 360 project folder or the City's webs ite at: httDs.HaRns.fort►%,orthtexas.igov/ProiectResources/ . 1.1.1. Paving— Requirements document located at: littus://at)ns.fortworthtexas.,aovlProiectResources/ResourcesP/02%20- %20Constr action%2ODocuments/Contractor°/o20Preaualification/TPW%2OPavine% 20Contractor%2OPreaual ificationO/o2OProgram/PREOU AL 1 FICATION%20REOUI REMENTS%20FOR%20PAV ING%2000NTRACTORS. pdf 1.1.2. Roadway and Pedestrian Lighting —Requirements document located at: httns://apvs.fortworthtexas.gov/Prof ectResoi2rces/ResourcesP/02°/`20- %20Construction%2ODocutnents/Contractorl/o2OPrequalification/TP W %20ROadway %20and%20Pedestrian%20Li 2htinO%20Preaual i fication%2QProgmm/STREET%20 LIGHT%20P REOU A L%20REOMNTS.ndf 1.1.3. Water and Sanitary Sewer — Requirements document located at: httns:Hant)s,fortworthtexas. aov/Proi ectResources/Resources P/02°/020- %20Construction%2ODocumentsIContracto&lo2OPreuualificationl\Vatero/o2OandOlo20 San itar-v%20Sewer%2OContractor%o2OPreu_uaIification%20Prog_ ram/WSS%20vrea_ua 1%20req u irements. pdf l .1.4. Other (if necessary): 1.2. CMAR shall prior to or concurrent with submittal of tile GMP Proposal, submit to City the prequalification status of all relevant contractors or subcontractors. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 50 of 50 CMAR RFP (Form 4/26122) ATTACHMENT 6 CMAR's Written Proposal (Response to RFP) CMAR -- Ray White Road Widening Improvements City Project No. 103270 Agrevment Farm 03/02/22 MWARTHY Response to Request for Proposaf Ray White Road - Mirage Drive to the bridge over Bear Creek CMAR RFP - City Project Number 103270 Transportation and Public Works Department Submitted By: McCarthy Building Companies, Inc. September 29, 2022 A . -psi • ./ -!.� `. •- 1 x� "j MICARTNY McCarthy Building Companies, Inc. 12001 N. Central Expy, Suile 400 Dallas, TX 75243 RE: Ray White Road Widening improvements Dear Mr. Wilson McCarthy Building Companies, Inc. is excited about this opportunity to partner with the City of Fart Worth to deliver the Ray White Road Widening Improvements Project. After listening to the City and its concerns throughout our current Harmon Road Project, we are confident that we are ready to take on this next transportation project that the City is offering. McCafthy has assembled a proven team of seasoned professionals with extensive CMAR and transportation experience, as well as a track record of civil construction success. For us, this Project represents an exciting opportunity to continue our partnership, and to further our relationship, with the City of Fort Worth. We are committed to this job from the very beginning to the very end and are enthusiastic about working toward improving Transportation for the people of Fort Worth. The ream that brought you the successful Harmon Road Project is ready to continue that achievement and motivation into this Ray White Road Widening Improvements Project, The McCarthy team understands that the area around Ray White Road is full of unique challenges given the amoum of residential traffic in combination with other influential landmarks such as the Hillside Community Church, Central High School and businesses along the adjacent Kroger Drive. We recognize the importance of being a good neighbor throughout this Project, and we will ensure that traffic flows smoothly throughout construction and communicate any and all closures to the public and surrounding businesses. Oui team is committed to lead she delivery of This Project through our emphasis on trust, transparency, and collaboration, which helps minimize the resources required by the City to oversee the Project. The team at McCarthy looks forward to the opportunity to serve the City of Fort Worth again, and to continue building on our partnership with you As such, we are committed to honoring the 90•day commitment from the September 29, 2022 submission date as requested Lastly, should you have any questions regarding this proposal, please contact Nalhan Kowalhs at (972) 991-9249 We appreciate the opportunity and :oak forward to working with you soon. O"Z&-ont Nathan Kowatlis Senior Vice President Business Unit Leader McCarthy Building Companies, Inc. z 0 w� L) lz rr�s W L) C",4 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 2. FORMS AND CERTIFICATIONS CITY OF FORT WORTH PUBLIC WORKS DEPARTMENT REQUEST FOR PROPOSALS CONSTRUCTION MANAGER AT RISK (CMAR) Preconstruction and Construction Phase Services for Ray White Road Widening Irnprovernents (Mirage Drive to bridge over Bear Creek) City Project No. 103270 ADDENDUM NO. 1 Addendum No. 1 issued: September 14, 2022 This Addendum forms part of the Request for Proposal and modifies the original documents. Respondents shall acknowledge receipt of this Addendum in the space provided below and acknowledge receipt on the outer envelope in your proposal. Failure to acknowledge receipt of this addendum could subject the respondent to disqualification. The Request for Proposal For City Project No. 103270 is hereby revised by this Addendum No. 1 as follows: I. The CMAR Request for Proposal document has been replaced in its entirety with the attached Request for Proposal document. Changes to the original include: a. Business Equity Goal has been revised. b. Corrected date discrepancies for pre -proposal conference, last day for questions and submittal of RFP. c. Corrected discrepancies for evaluation scoring. 2. The CMAR Agreement form has been replaced in its entirety with the attached CMAR Agreement form. Changes to the original include: a. Business Equity Goal has been revised. City of Fort Worth - Ray White Road W ideninv Improvements Addendum No. 1 City Projcct No. 103270 Al-1 FORMS AND CERTIFICAPONS - PAGE 2 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103770 CMAR RFP This Addendum No. 1 forms part of the Request for Proposal for the above referenced project and modifies the original documents of same. "PECEI VED AND ACKNOWLEDGED ADDENDUM NO. I" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE". resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGED By. � Company: L1rt :+i tln Buildine Coninanies. Ilse. Ciry of Fort Worth -flay White load Widening Iinprovements Addendum No. I ('ity Project No. 103270 FORMS AND CERTIFICATIONS - PAGE'i Exhibit A - Proposal Transmittal Letter TO: City of Fort Worth, Texas FROM: McCarthy Building Companies, Inc. (ProFx]ser s Name) FOR: Ray White Road from Mirage Drive to the bridge north ofGamrose Street Submitted: Septcmber29 , 2022 The undersigned Proposer, in compliance with your Request for Proposal for this Project, having examined the Request for Proposal and Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to perform Construction Manager -at -Risk Services including development of a Guaranteed Maximum Price Proposal and to construct the Prgicct in accordance with the said Contract Documents, The Proposer agrees, if this Proposal is accepted, to enter into a written contract with die City of Fort Worth, Texas to furnish all items necessary to perform the Construction Manager -at -Risk Services including Pre - Construction Services and Construction Services in full and complete accordance with the reasonably intended requirements of the respective scopes of work to the full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will he allowed for extra work except as set forth in the Contract Documents. The Proposer agrees, if the Guaranteed Maxtmusn Price Proposal is accepted, to commence with the construction of the Project completely by furnishing all necessary products. machinery, tools, apparatus, means of transportation and tabor necessary to complete the construction of the Wort: in full and complete accordance with the reasonably intended requirements of the Contract Documents to the Full and entire satisfaction of the City of Fort Worth, Texas with a definite understanding that no compensation will be allowed for extra work except as set forth in the Contract Documents. The Proposer hereby affirms that the signatory is duly qualified and authorized to execute this Proposal Transmittal Letter submitting the Proposer's response to the RFP and further authorizes and hereby requests any person, firm, or corporation, if requested by the City, to furnish any information in verification of the recitals comprising this Proposal. By the signature provided below, the signatory of firms that the information provided herein and in this Proposal is true and correct to the best of his/her knowledge and belief. Attached hereto is authority provided by the Propmer's governing body verifying the authority of the signatory to so execute this document. By: [aignaturrr} Title: Senior Vice President. McCarthy Building Companies, Inc. Date: September 2.9, 2022 City of Fort Worth - Ray While Road Widening Improvements Project C P N 103270 Page 21 of 50 CMAR RFP (Form 4/26/221 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP f;-,vhihif B — Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Project o. I Name of Project: Citv of Fort Worth Hcmnhill Connector Location: Fort Worth, TX OWNER'S Name and Address: City of Fort Worth: 1515 11 th Ave. Fort Worth, TX 76102 O"ER's Contact Person (Print): Michael Weiss Phone/Fax No.: 1 $17.392.8485 Initial Contract Price: $35 million Final Contract Price: $30.6 nuilion For Design Projects, Construction Cost: Contract Start Date: -(Date of Notice to Proceed) July 2017 Contract Time: 1107 (x) Calendar Days () Working Days Contract Substantial Completion Date: August 2020 Actual Substantial Completion Date: At3ril 2020 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities. provide a short explanation of each. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 22 of 50 CMAR RFP (Form 4/26/22) FORMS AND CERTWICATtONS - PAGE 5 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE RDA D WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Project Description and Statems:nt of Relevance to [his Project: The $30.6 million CMAR project includes preconstruction and construction of the new roadwav underneath the existine 1H-30 freewav and four UPRR freight rail lines to provide additional connectivity through downtown Fort Worth. The project included bridge, retaining wails,:sharer1-imr. palh.. Iichrina 6gDAl , .imagt--_ 111ifities r _yin r, and beautification. among other features and McCarthv maintained consistent communication and coordination with third parties such as TxDDT- UPRR- the adiacent dcveloncr. and nronerty owners throut?ltout construction. This vroiect was The MCCarthv team self nefornted brids?e work. retaining walls, earthwork. concrete navinp— and fLatwork _ City of Fort Worth - Ray While Road Widening Improvements Project CPN 103270 Page 23 of 50 CMAR RFP (Form 4126122) FORMS AND CERTIFICATIONS - PAGE 6 I20u,"I 71lid►iliiHl,Llrl981THu1V���:�1��irL'i►ll���7[�I�,►dsl;��y Exhibit B —Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or otlier applicable alternative project delivery methods within the past ten (10) years, Prolect No. 2 Name of Project: Citv of Fort Werth Villatze Creek Peak Flow StoraQc Location: Fort Worth, TX OWNER's Name and Address: City of Fort Worth: 1515 11 th Ave. Fort Worth, TX 76102 OWNER's Contact Person (Print): lerry Presslev Phone/Fax No.: 1 S 17.392.4926 Initial Contract Price: S29million Final Contract Price: $25.43 million For Design Projects, Construction Cost: Contract Start Date: (Date of Notice to Proceed) July 2016 Contract Time: 564 (x) Calendar Days (] Working Days Contract Substantial Completion Date: December 2017 Actual Substantial Completion Date: December 2017 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities, provide a short explanation of each. NIA City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 22 of 50 CMAR RFP (Form 4126122) FORMS AND CERTIFICATIONS - PAGE 7 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Project Description and Statement of Relevance to this Project. This $25.43 million CM at Risk project enables the city to divert wastewater flow during peak flow events to newly constructed Peak Flow Storage Basin, approximately 1.5 miles north of the plant. The wastewater remains stored at the Peak Flow Storage Basin until the peak flow event has subsided and it can he conveyed hack to thr VrWRF plant for treatment_ The relevance of the Peak Flow Storage Basin includes the successful execution of a CMAR nroiect with the City of Fort Worth that was completed nn time :Irk on budget. The proiect also Consisted of level A M IF (-hwnrk iati • ys. ■►1rtt m m mm City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 23 of 50 CMAR REP (Form 4/26/22) FORMS AND CERTIMAVONS - PAGE 8 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exhibit B - Statement of Experience Using the template format included below, list and describe three (3) projects that demonstrate Proposer's history of successful completion of both similarly sized and scoped projects and projects utilizing the CMAR or other applicable alternative project delivery methods within the past ten (10) years. Proced No. 3 Name of Project: State Hiehwav 45 Soudlwest Location: Buda. TX OWNER's Name and Address: Central Texas Regional Mobility Authority 301 Congress Ave. Ste 650 Austin, TX 75701 OWNER's Contact Person (Print): Llovd L. Chance Phone/Fax No.. 512.560.2179 Initial Contract Price: $75 million Final Contract Price: $79 million For Design Projects, Construction Cost: Contract Start Date: (Date of Notice to Proceed) October 2016 Contract Time:545 (k) Calendar Days ( ) Working Days Contract Substantial Completion Date: Original: Apri12019 - Adiustcd Contractual: September 2019 Actual Substantial Completion Date: ]ulv 2019 If contract completion time extensions were added to the contract as a result of FIRM's responsibilities. provide a short explanation of each. The project completed later than the original due to the project being a working day protect per TxDOT specifications, weather delays, and owner -directed change orders added time to the calendar days, but not the working days. The project finished almost two months ahead of adjusted substantial completion. City of Fort Worn - Ray White Road Widening Improvements Project CPN 103270 Page 22 of 50 CMAR RFP (Form 412W22) FORMS AND CERTIFICATIONS - PAGE 9 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR FiFP Project Description and Statement of Relevance to this Project: This project is a four -lane toll road, approximately 3,6 (piles long, located around very sensitive environmental areas including the Edwards Aquifer Recharge Zone. In this eco-friendly setting. McCarthy earned an environmental incentive for having no environmental violations on the eject_ The qtW prrItect sits adjagent to a residential ncighborbood where the cangtrnetion team coordinated with TxDOT and the local Home Owners Association f HOA1 in advance to notifv residence of maim chances through their social media and rephased work_ at no cost impact_ during the different --lib, e-z of I-Vnrir the temp glinnned nro&ind crrhnnl hnc mtVPe and hurt of the mgdWav ni I of sequence to accommodate school buses. The project received a national paving award for quality and has been nominated for a nartnering award due to the total team alignment from the owner, designers, enntrartnrs- and subcontractnm- City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 23 of 50 CMAR RFP (Form 412W22) FORMS AND CERTIFICATIONS - PAGE 10 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR R F P Erhibit C - Proposed Project Key Personnel Project Manager Organization Doing Business As McCarthy Building Companies, Inc. Name of Individual Dave Wallace Years of Experience as Project Manager (minimum 15+ years experience managing similar projects of scope, preferred) I5 Years of Experience with this organization 7 Number of similar projects as Project Manager 5 Number of similar projects in other positions 5 Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion rwe_ O&C City of Fort Worth Hannon Road, Project Project $22 million, four lane roar!. $22M currently in 01!2023 currently in }progress progress City of Fort Worth Hemphill Connector; $30.5 million new $35M $30.5M 08/2020 04/2020 roadway. Fort Worth Village Creek Peak Flow Storage; $25.5 million, two $29M $25.5M I2/2017 12/2017 large basins. Name Michael R Hobbs, PE Name Jennifer Roberts Title/ Position Assistant Vice President Title/ Position Assistant Director Organization TranSystems Organization Citv of Fort Worth Telephone 817-334-4449 Telephone 817-392-8447 E-mail ruhubbS1r=5yst=5&0M E-mail jennifer.rvbertsfri.forihwortheexas.gov Project COFW Hemphill Connector Project COFW Hemphill Connector Candidate role Candidate role on project Project Manager on Project Project Manager Name of Assignment Percent of Time Estimated Project Used for this Completion Date Harmon Road CMAR 25% Anril 2023 Bright Arrow Solar EPC 25% September 2023 Denton SED - B CMAR 25% Anril 2024 City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 24 of 50 CMAR RFP (Form 4126122) FORMS AND CERTIFICATIONS - PAGE 11 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exkihit C - Proposed Project Key Personnel - Continued Construction Nianager Organization Doing Business As McCarthy Building Companies, Inc. Name of Individual Courtney Kelly Years of Experience as Project Construction Manager (minimum 10+ years experience working 10 with similar projects of scope preferred) Years of Experience with this organization 1 Number of similar projects as Project 7 Construction Manager Number of similar projects in other positions 6 Initial Final initial Actual Project Name and Description Contract Contract Contract Contract Price price Completion Completion rl= Date US 75 from Spring Creek Park- $48M $52M 11 /2016 12/2018 way to S H 121 DNT from Parker Road to Sam $79M $8.2M 1212017 06/2020 Rayburn Tollway DFW SW Campus Roads & Utilities PH 1 B $28M $30M 0712019 01 /2022 Name Bill Wade Name Wayne Warren Title/ Position director of Proj.Management Services Title/ Position Associate Vice President Organization Southern Methodist University Organization AECOM Telephone 214.768.1645 Telephone 214.542.0478 E-mail wade@mail.smu.edu E-mai I wayne.warren@aecom.com Project SMU Virginia -Snider Water Project ❑FW Airport SW Campus � IiAivalurl nult:A I]Id Ut1I(uab F I I io Candidate role Project Construction Manager Candidate role Project Construction on Project on Project Manager 66Wrn!.EnAils, ,stu�tin Name of Assignment Percent of Time Estimated Project Used for this Completion Date SMU Virainia-Snider WIP 90% 12/2022 Denton SE❑-B Preconstruction 10% 10/2022 City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 25 of 50 CMAR RFP (Form 4126122) FORMS AND CERTIFICATIONS - PAGE 12 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exhibit C - Proposed Project Key Personnel — Continued Preconstruction Manager Organization Doing Business As Name of individual McCarthy Bui /ding Conivanies. Inc. Colleen Martindale Years of Experience as Project Pre -Construction Manager (minimum 10+ years experience working with similar projects of scope preferred) 12 Years of Experience with this organization 10 Number of similar projects as Project Pre - Construction Manager 5 Number of similar projects in other positions 10+ Initial Final Initial Actual Project Name and Description Contract Contract Contract Contract Price Price Completion Completion D'Ite Dve Project Project City of Fort Worth Hammon Road; S22M currently in 01/2023 currently in $22 million, four lane road. nrofress Droeress City of Fort Worth Hemphill Connector; $30.5 million new $35M $30.5M 08/2020 04/2020 roadway Project Project City of Denton; $20 million CMAR $20M currently in 0412024 currently in rr�vrtaavi rru+nneirrtinn nrr�iant Name Seth Garcia Name Title/ Position Prograin Nianager. Capital Projects & En& Title/ Position Organization Citv of Denton Organization Telephone 44Q,349.8938 Telephone E-mail seth.garcia(a)rcityofdenton.org E-mail Project SF.D-B Improvements Project Candidate role Candidate role on Project Precon Director on Project Name of Assignment Percent of Time Used for this Citv of Denton Sl D-B Design Phase ?5% 1 Oversiizlit Of V3HO S OL11-SUitS 50% City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 CMAR RFP (Form 4126122) Kara Bymers Sr. Proiect Manager/ FOR Atkins Global 972.588.3104 kara.bvmcrs r��.atkinsalobai.com 241h Ave DFW Airport Precon Director Estimated Project Completion Date 11/2027 (design) onp-oine Page 26 of 50 FORMS AND CERTIFICATIONS - PAGE 13 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exhibit C - Proposed Project Key Personnel — Continued (Key Individual/Position as determined by Proposer) Organization Doing Business As McCarthy Building Companies, Inc. Narne of Individual Alex Velez, Project Superintendent Years of Experience 5 Years of Experience with this organization 5 Number of similar projects 3 Number of similar projects in other positions 4 Initial Project Name and Description Contract Price City of Fort Worth Harmon $22M Road;$22 million, four lane road. City of Fort Worth Hemphill $35M Connector; $30.5 million new roadway Fort Worth Village Creek Peak Flow Storage; $25.5 million, two $29M large basins. Naive Title/ Position Organization Telephone E-inall Project Candidate role on Project Kara Bymers Senior Project ManagerlEOR Atkins Global 972.588.3104 kara.bymers@atkinsglobal.com 24th Ave ❑FW Airport Project Engineer Name of Assignment Harmon Road Improvements f Final Initial Contract Contract Price Completion Date, project 3urrently in 01/2023 progress $30.5M 08/2019 $25.5M Name Title/ Position Organization Telephone E-mail P roj ect Candidate role on Project Percent of Time Used for this 10QD/z City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 CMAR RFP (Form 4126122) 12/2017 Actual Contract Completion natf Project currently in progress 04/2020 12/2017 Daniel Sanchez 'roject Engineer/Owner 3NSF Railway 317.716.2982 taniel.sanchez2 a@bnstcorn 3NSF Rollin Siding Superintendent Estimated Project Completion Date M 112wa Page 27 of 51) FORMS AND CERTIFICATIONS - PAGE 14 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PRGJECT CPN 103270 CMAR RFP E-vhibit D — Exceptions to Agreement (see Attachment 2) Camntent Lncation in CMAR Exception and Rationale Suggested Alternate Language Nnnther Agreement t Not included Mutual waiver of consequential damage We would like to include into the agreement provision not included in agreement, a mutual waiver of consequential damages, similar to Harmon Rd CMAR Agreement 2 GC 1.01.3. No design services provided for project ❑elete "including design fees, " from through CMAR definition 3 GC 1.01.3. Allowance items not considered as Cost of Delete "fee" from definition. When Work in 11.01.B.13. below allowance use is authorized it would become cost of work. 4 GC 11.02.A.2. Material escalation in today's market We would like to include into the agreement a new provision that allows a change in the GMP if there is a significant increase in material cost beyond Our control- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 FORMS AND CERTIFICATIONS - PAGE 15 Exhibit E - C'onilict cif Interest StaEentent CONFLICT OF INTEREST QUESTIONNAIRE FORMCIQ For vendor doing business with local governmental entity This questionnaire reflects thanges made to the law by H.a. 23, 94th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business 4�tr pets ved reiaGonship as defined by Section 176.001f 1-al with a local governmental entity and the vendor meets requirements under Section 1761306fal By faw this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176,W6(a-1). Local Government Code. A vendor commits an offense If the vendor knowingly viotates section 176,006, Local Government Code. An offense under this section is a m.sdemeanor .� Name of vendor who has business relationship with local governmental entity. McCarthy Building Companies, Inc. J Check tins tiox It you are tiling an update to a previously tiled questionnaire. I I ne law requires that you rile an updated completed questionnaire %vith the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Not Applicable Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,asdescribed by Section 176-003(a)(2)(A). Also describe any family relationship with the local government officer, Compietesubparts A and Bfor each employmentor business relationship described. Attach additional pages tothis Form CIQ as necessary. k Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income. from the vendor? yes No Not Applicable 13. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Not Applicable J describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or Ji other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer Ora family member of the officer one or more gifts as described in Section 176.003(a)(2)(6), excluding gifts described in Section 176.003(a• 1). J Jerorny Shaw Sr. VP of ODerations 04/18/2023 S, hir o►vendor doing business with the governmental entity pate Forma provided by Texas Ethics Commission www.ethicsAx,us Revised t1112021 City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 29 of 51 CHAR RFP (Form 4126122) CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http:llwww.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code & 176.001f1-al; "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code & 176.003(a)421fA1 and 113); (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: •r■ (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i)a contract between the local governmental entity and vendor has been executed; Of (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the IocaIgovernment officer orafamily member ofthe officer one ormore gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes awarethat: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176-006(a) and fa-11 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and- (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local govemmental entityan application, response to a requestfar proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or of a family relationship with a local government officer. AMM1`1 x4111161k,I City of Fort Worth - Ray White Road Widening Improvements Project CPN 103270 Page 30 of 51 CMAR RFP (Form 412&122) PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Project Nanic: Owner's Name: E.vhihit F— Client Reference Form I ietnphill Connector City of Fort Worth Owner Contact's Phone Number: 817.392.8485 Owner's Contact Name & Title: Mike Weiss, Senior Professional Engineer. City of Fort Worth Type of Contract (DesignlBidlBuild, CM at Risk Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Manager's Name: TranSysterns E ng i neer/Areh itectlCo nstruct i on Manager's Phone Number: Engineer/Architect/Construct ion Manager's Contact Name & Title: Original Contract Value 1 GMP of Project: Cost Savings Identified: Final Contract Value of Project: 817.223.2627 Mike Hobbs, Assistant Vice President - Senior Professional S35,408,258 Approximately $4M $30.562,691 Project Description: This $30. G trillion project includes preconstruction and construction of the new roadway underneath the existing IH-30 freeway and four Union pacific Railroad freight rail lines to provide additional connectivity through downtown For! Worth. 'rhe project consists of a four -lane major arterial street comprised of four 12-foot lanes. median and wide sidewalks/bike lanes, railroad bridge, retaining walls, streetlights, traffic signals, drainage improvements, landscaping, and irrigation. Original Project Duration: 30 months Original Project Completion Date: 1/22/2020 Actual Project Completion Bate: 4/10/2020 Project Completion Explanation for later project completion date or contract value overrun, if applicable: Project was delayed 8 months due to Oncor utility conflict as well as Union Pacific Railroad not providing required track gang and curfew for cutover of Shoofly A. McCarthy worked with the City of Fort Worth to accelerate the remaining schedule and cut approximately four months off of the eight -month delay. City of Fort Worth — Ray White Road Widening improvements Project CPI 1103270 CMAR RFP {Form 4126I22j Page 30 of 50 FORMS AND CERTIFICATIONS - PAGE 17 IL'Ur'�;�Y:LlIiZ�I:[Ilit'L�Ifi�I;�l'►'I1Iil:O:I;U'►'lil�il�l:�l'►'ILlI3►ili![HLTilili��l►L9ul�ilFf•`3'LUi�lillLi►1rI�I�[�Illifli��3�i1 List Major Subcontractor's; names, contact phone numbs-rs ATS: Dave Hoag, 817-498-0040 Bean Electric; Chip Sean, 817-561-7400 C Green Scaping: Curtis Green, 817-577-9299 North Texas Contracting: Zach Fusilier, 817-430-9500 Oscar Oduno: Oscar Orduno, 972-717-3070 Q Roberts Trucking: Wes Burns. 214-534-6557 Texas Lone Star Trucking: Julie Tupper, 817-733 2080 Sail Retention: Nick Jansson, 760-966-6090 The George D Alan Co: Dan Gaspar, 214-496-9999 Trac-Work: AIonso Gallegos, 817-8344787 City of Fort Worth — Ray White Road Widening improvements Project CPN 103270 Page 31 of 50 CMAR RFP {Form 4126122j FORMS AND CERTIFICATIONS - PAGE 18 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP PrOjecl Name: Owner's Name: Exhibit F— Client Reference Farm Village Creek Peak Flow Storage City of Fort Worth Owner Contact's Phone Number: 817.392.4926 Owner's Contact Name & Title: Jerry Pressley. Assistant Water Director. City of Fort Worth Type of Contract (DesignlBid/Build, CM at Risk Design/Build, CM at Risk, cte.) Engineer/Architect/Construction Manager's Name: CDM 5trtithlCP&Y Eng i neer/Arc h itectlCo nstructi on Manager's Phone Number: $17-914-2511 19 t 8-443-0166 E n gi necrlArc h i tcc tlCo n sn-uct i o n Amy Robinson, Project Manager 1 Mike Graves, Project. Manager Manager's Contact Name & Title: Original Contract Value 1 GMP of $2 000 000 / S26.459,405 Project: Cost Savings Identified: $3.6M approximately Final Contract Value of Project: $25.364,975 Project Description: This CMAR project involved preconstruction services and the construction of two large, earthen storage basins, a 7,000-linear-foot 84-inch diameter pipeline, modifications to a junction structure and existing high rate clarifier facility (HRC) pump station, and five concrete flow control structures, at the city's largest wastewater plant, located in north Arlington. Texas - Village Creek Water Reclamation Facility (VCWRF). This new storage: unit enables the city to divert wastewater flows during a peak Flow event to the newly constricted Peak Flow Storage Basin, approximately 1.5 miles north of the plant. The wastewater remains stored at the Peak Flow Storage Basin until the peak flow event has subsided it can be conveyed back to the VCWFF plant for treatment. Throughout the preconstruction process, McCarthy developed numerous cost estimates at 301/o, 60%, and 75°/e levels of design before delivering a 2-phased GMP that allowed construction to commence at 901/A design. Original Project Duration: 3 years Original Project Completion Date: 8/29/2017 Actual Project Completion Date: 12118/2017 Explanation for later project completion date or contract value overrun, if applicable: Additional scope was added at the end of the project which moved the final completion date out to December. Substantial completion was achieved July 21, 2017, which was approximately one month early. City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 CMAR RFP (Form 4126I22j Page 30 of 50 FORMS AND CERTIFICATIONS - PAGE 19 PROPOSAL. FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP List Major Subcontractor's: names. contact phone numbers C Green Scapina: Curtis Green. 817-577-9299 FSG: Jerry Bevers, 214-357-5697 North Texas Cuntracting: Zach Fusilier, 817-430-9500 RPN4x: Wade Blake, 469-440-3760 City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 31 of 50 CMAR RFP {Form 412W22j FORMS AND CERTIFICATIONS - PAGE 20 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Project fame: Owner's Name: E.vhihit F— Client Reference Farm SH 45 Southwest Central Texas Regional Mobility Authority Owner Contact's Phone Number: 512-56G-2179 Owner's Contact Name & Title: Lloyd L. Chance. Senior Project Manager Type of Contract (Design/Bid/Build, Design/Build, CM at Risk, etc.) Engineer/Architect/Construction Manager's Name: Engineer/Architect/Construct ion Manager's Phone Number: E n g i ncer/A rch itec t/Con stiuct i o n Manager's Contact Name &Title: Original Contract Value 1 GMP of Project: Cost Savings identified: Final Contract Value of Project: Hard Sid Rodriguez Transportation Group 512-231-9544 Robert Carrillo $75,103,623 $79.372,91 l Project Description: This project is a four -lane toll road, approximately 3.6 miles long, located around very sensitive environmental areas including the Edwards Aquifer Recharge Zone, In this eco-friendly setting, McCarthy earned an environmental incentive for leaving no environmental violations on the project. The SH45 project sits adjacent to a residential neighborhood where the construction team coordinated with TxDOT and the local Home Owners Association (HOA) in advance to notify residence of major changes through their social media and rephased work, at no cost impact, during the different phases of work the team planned around school bus routes and built part of the roadway out of sequence to accommodate school buses. The project received a national paving award for quality and has been nominated for a partnering award due to the total team alignment from the owner, designers, contractors, and subcontractors. Original Project Duration: 545 Working Days Original Project Completion Date: Original 41812019 — Contractual Substantial 913119 Actual Project Completion Date: 7/13/2019 - Substantial Explanation for later project completion date or contract value overrun, if applicable: The project completed later than original due to the project being a working day project per TxDOT specifications and weather belays and owner directed change orders added to the calendar Iime on the project, but not the working days. The project finished almost two months ahead of schedule for Substantial completion. There was then added owner requested change order work that pushed final completion to completing 1 I days before contractual final completion with no additional working days added to the contract. The overrun in value is due to an environmental incentive and owner added changes due to additional f"da th-- vivina had wva,lall�, fur tl« F.A,jc►:.t. City of Fort Worth — Ray White Road Widening improvements Project CPN 103270 Page 30 of 50 CMAR RFP (Form 4/26/22) FORMS AND CERTIFICATIONS - PAGE 21 IL'Ur'�;�Y:LlI��I:[Ilit'L�Ifi�I;l<l'►'I1Iil:O:�U'►'lil�il�l:�l'►'ILlI3►il�[HLTilili��l►L9ul�ilff•`3'LUi�lillLi►1rI�I�[�IlliflilE�3�il List Major Subcontractor's; names, contact phone numbers Austin Traffic Signal; Edward Schroeder, 512-255-9951 Environmental Safety Services; Inc.. Joey Lopez, Jr., 512J)89-2259 Texas Highway Walls; Blake Cervenka, 512-329-8917 W.O.E. Construction, Inc.; Caleb Chalmers. 817-284-7401 Austin Materials, LLC; Jon Wickes, 512-269-2195 City of Fort Worth — Ray White Road Widening improvements Project CPN 103270 Page 31 of 50 CMAR RFP {Form 4126122j FORMS AND CERTIFICATIONS - PAGE 22 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exhibit G— Bond Forms (For InFurmaIion On Iv) Pre -Construction Phase Services: For Pre -Construction Phase Services. no bonds are required. Construction Phase Services: Construction Phase Bonds shall be the City's standard forms which have been included in this section: 00 61 13 Performance 00 61 14 Payment 00 61 14 Maintenance bonds Navigation: 02 - Construction Documents/SpecificationslDiv 00 — General Conditions City of Fort Worth — Ray White Road Wkiening Improvements Project CPN 103270 Page 32 of 50 CMAR RFP (Form 4r26t22) FORMS AND CERTIFICATIONS - PAGE 23 PROPOSAL FOR CITY OF FORT WORTH - RAY WIiITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP TRAVELERS Travcters 940 West Port Plaut Suite •450 Maryland Heights — MO r3146 13141579.831E September 23.2022 Lean Wilson. P.G. Transportation and Public Works br:psrtmcrn no Texas Straet Dart Worth, 'Texas 7G102 RE: Statement of Bonding Qualifications. (SOQ) for Preto natructiGo and Construction Ph a se Services for Ray WhHe Road Widening I m prov e m t nts. Mirage Drive to bridge over Bear Creek) City Project No. 103270 To Whom It May Concem: McCarthy Building Companies. Inc.'s tNWarthy) bonds are written Ihrauglt a co -surety atranxcmeru With i ravelery Casualty and Surely Company and Federal Insurance Company. rravclers Casualty and Surety Company (NAiC #: 31194). it member of fire Travelers Companies, has an A.M. Best Rating of A+ XV and has it Treasury Limit of S2,304.434,000. Federal Insurance Company INAlC # 2028) is a member of the Chubb Group of Companies, which carries an A.M. Bc-s4 Rating of A++XV and a Tnarsur►• Limit of S1.821.777,0i)0. Their surety relationship is fnny two years with Federal and twenty years with Travelers. Travelers Casualty and surety Company and Fcdcral insurance Company have participated on bonds for McCarthy Ruilding Companies, Inc. in "etas of$750.000.000 for a single project. Total work progrant support provided to McCarthy is in excess of S6 billion and McCarthy currently has well over S I hiIlion available in unused bonded capacity. This morn than supports the specified performance and paymcul bonds in the amount of IDV/a of the captioned project(s) at the time of award. Should the captioned project(s) be a%ardod to and accepted by McCarthy. it is our in tens to provide the rcqui rod Pertorm4nec and f avment bonds on its behalf. Our support is conditioned upon completion of the underwriting pnxrxr, including satisfactory review of contract documents, bond forms, confirmation of financing and our ongoing review of the operational and financial capacity ofMoCarthy. We are pleased to share with you our favorable experience and high regard for McCarthy. This letter is not an assumption of liability and is issued only as a preyualifca6on refercrrce request from our client. It should be understood that any arrangement for bonds is strictly u matter between McCarthy Building Companies, Inc.. Travelers Casualty and Surety Company and Federal Insurance Company. Travelers Casualty and Surety Company and federal insurance Company are adini tied surety companies in all niiy slates. TRAVELERS CASUALTY AND SURETY COMPANY FTDERAL INSURANCE COMPANY BY: n Christi" . smdaval, AtlOrttey in -Fa .fear Coarse Intormartw Ush Heir. Uirectu, Aon Risk Solon m5. C oosutwl)on Sera ices Gmvp 200 Ease RM411ph Street, Suite 1200 Chicago, illnmis 60601 r 41.312.381.45651 t +1.313.381 s}275 linh-&k1 'Aeur.coW son.00m FORMS AND CERTIFICATIONS -€'AGE 24 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP .A TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and !Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That frayelers Casually and Surety Company of Amerin Travelers Casually and Surety Company. and Sl Paul Fire and Manne insurance Company are corporations duly organized under the laws of cite State of Connecticul therein colledwely called the "Companie! '}, and that the Companies do hereby make constitute and appoint CHRISTINA L SANDOVAL of CHICAGO Illinois . their true and laMut Attomey(s} in -Fact to sign, execute. seal and acknowledge any and all bonds, rerogntzances, conditional undertakings and other writings obligatory in the nature !hereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of conlrcts and executing or guaranteeing hands and unoerfakings required or parrn<tted In any adorns or proceedings allowed by law IN WITNESS WHEREOF the Camps mies have caused this instrument to be signed and their eorparate seats to be hereto affixed. this 2 1 a t day of April. 2021 fi`p mw', ��,+� • •'ems .'01E f a State of Connecticut sy City of Hartford ss Rocert L Ra en or Vice President Grr this the list day of April. 211121, before me personalty appeared Robert L. Raney. who acknowledged himself to be the Senior Vice President of each of the Companies. and that lie as such. being authonzed so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by nirrself as a duly authorized officer IN WITNESS WHEREOF I hereunto set my hand and official seat My Commission expires the 30th day of dune 2026 Anna P Nowili Natary PuNkt; This Power of Attorney is granteo under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies which resolutions are now in full force and effect, reading as fottows. RESOLVED, that the Chairman. the President, any Vice Chairman. any Executive Vice President, any Senior Vice President. any Vice Presidenl, any Second Vice President. the Treasurer, any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attomeys-rn-Fart and Agents to act for and an behalf of the Company and may give such appointee such authdnty as his or her Certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bands, recognizances. contracts of indemnity, and other writings obligatory in the nature of a bond recognizance, or conditional undenaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and [t is FURTHER RESOLVED, that the Chairman, the President, any Viet Chairman any Executive Vice President. any Senwr Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more Officers or employees of this Company provided than each such delegation is iri wnting and a ropy thereof is fiteu in the ofi+ce of the Secretary, and it Ls FURTHER RESOLVED, that any bond, recognizance, contract of-ndemniry. or wntmng obligatory in the nature of a band. recognizance, at condilonal undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman, any Executive Vice President any Senior Vida President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. Line Corporals Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assislant Secretary. or (b) duty executed (under seal. d required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or (heir certificates of authority or by one or more Company officers pursuant to a written delegation of authority'. and it is FURTHER RESOLVED, that the Signature of each of the fallowing otricers: President, any Executive Vice Presided. any Senior Vice President. any Vice President. any Assistant Vice President. any Secretary, any Assistanl Secretary, and the seal of the Company may be affixed by lacstmde to any Power of Attorney or to any cenificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-rn- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Allomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cenrryed by such facsimile signature and l-acsicmle seal shalt be valid and binding on the Company in the future with respect to any bond or understanding to which it Is attaLhed I. Kevin E. Hughes. the undersigned. Assistant Secretary of each of trio Companies do hereby 404 that the above and laregoing is a Irus and r"recl copy at the power of Attomey executed by said Companies. which remains in ru11 torce and effect. Dated Sh1S :- : day of armwr. �►^"Ae y1�'e A �ta+a+vra,� � wm,.a � rtwra *4 G•- � Kevin f= Hughess. Ass�l�cn>rary To mdfy die authe irtlafty of this PowaerofAKnmey, please call its at I -BOD-421 -38SO. Please refer to lire above-nameid Attvmey(s)-ln-Fid and Ale ddMa#5 of the bond to which this PawerofAKarneyr Is altarhed. FORMS AND CERTIFICATIONS - PAGE 25 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Cass Power of Attorney Federal insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchei-ter Fire Insurance Company I ACE American Insurance Company Know All by These Present;, chat FEDERAL INSURANCE COMPANY, an Indsanr rorpnfanon VIGIIANT INSURANCE COMPANY. a New Y1rrk corpt,rat.on, PACIFIC INDEMNITY COMPANY. a WIscu run ro"rAnbri. WESTCIIESTER FIRE INSURANCE COMPANY and ACE AMER] CAN INSURANCE COMPANY corpurattons of the Commonwealth of Pernnsylyan la. do Lath Ilerrby cnnstmite at,d appulat Corinne Chapman, Samantha Chierici, Jessica B. Dempsey, Derek J. Elston, Rachel Fore, Kristin L Hannigan, Jennifer L. lakailis, Nicholas Kertesx, Judith A. Lucky-Eftimov. James B. MtTaggart, Christopher T. Moser, Sandra M. Nowak, Diane M, O'Leary, Nicholas Pant alis, Roger Paralson, Christina L. Sandoval, Bartlomiej Siepierski, Jean Torres, Christopher P. Troha, Aerie Walton, Susan A. Welsh and Sandra M, Win5ted of Chicago, Illinair e•Lrh as thelr Irye and lawful Alin 1 Ref'-tn Fast le ele[hte andef such deslgndrlon III theft nanlc5 aria to aMw their Corporate yeal5 to and dellyet for and nh therr behalf as, surety Ihenwn nr otherwise, bon dsand undertakings and other WIItln$! ONIgarory In the nature thereof father Ihan ball hands) grain or executed In the coo Ise ut bustnm and any Instruments .smendi rill ur altering the s-ime. and mnwrim to the trutdificatiun or aflt•tatlon of any instrument referred to in said hullos ar obligatlens In WIIrless whereof sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY- PACIFIC I N DEMNITY COM PANY. WESTCH ESTER FIRE IXSURANCECOMPAN Y and ACE AMERICAN tN5UFLAN LE COMPANY ITaye each executed and attested thus yresents and armed their corporate teals on this I" day of January, Z022. Itrr.n L1 I�1htTr: A..r.>~tatll krnYary STATE OF NEW IERSEY Cu unty n [ H unrcrdon t:: 0 , 9,L-� ♦I whxn M 11.in t1 1, wx 1.1 cvJLT II 01C, D111 9 - T, , 0 Uri this 190 day at in nuary, 2022 twime ne, a Notary f•uhrlc 4 NM IernT. personal ry came Dawn M. Chla Ios anI! Stellne:, Y. Hautcy, to me %twwn to be &oil ant acerc4lev and YIET President, resperrwely. a1 FED ERAI. INSIIRANCE COMPANY, VtGiLAN•f IPi; 5URANC_E COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURA ACE COMPANY And ACE AMERICAN INSURANCE COMPANY she cumpanles whlrh rxecurrd the fnregutng Power of Attorney, and the said Dawn M. CRiords and Stephen h!. Hatsev hring by me duty sworn, severally and each for hermlr and hlrnarll did depasc And say thdl ahoy Orr Asslstanl secretary and Vice Pre.[rdem, resMuvely, of P5DERAL lN5URAN CE COMPANY. VIGILANT WSUIIANCE COMPANY, PACIFIC INDEMNITY C0AIPAN V. INESTCHESTU FIRS INSURANCE COMPANY and ACE AMFRILAN INSURANCF COMPANY and know D+c .orparale ezts I hereof. that she seats Afftxrd to the forego rng Power of Attu rncy are each corporate srai Aud were tlr er tma afrixt d by Jul horny, of said Companies: and that their sl gnatiares ¢s such niF:ceri µere duly affixed Ahe subscrlbrd by bhe autliar".. Notarial Seal - KAre4ERIKE J. hOE1_AAR NOTARY POO LIC OF NEW JERSEY Al1l LIC No 2316"Is commiameon Eeprwa JUVV iv, 2(va I&AWl r ww R t CERTIFICATION Rewlutinns adurAcd by the Matti of Directors of FEDERAL. INSURANCE COMPANY. VtGILANP INSURANCE COMPANY. and PACIFIC INDEkiNIn CUM PA.NY on August 30, _pip: WESTCIIESTER FIREINSURAN CECOMPANYon Orcerhber 11..sM06, and ACE AMERICAN INSURANCE COMPANY on Much 211, 7009 'RESUt v'ED. that Ihr 1PN eurhomasaans •dose to the exet,artad. for and Pn hehatl W Ow Corlpam. of twads. unotrral anits. fr[oacllrance:• cnrurartr and of hee Irv«en on, nnn,enla D• thr u:mpwly r<umd Into In the ordinary move at nrunecf 1+ 1%a Wntt.rl rammltmesu'I (f ) EA h of the CtaarTtan she P reaNlsnl and ate Vim Pre -,dents of Me Con pap A he+ehy aYrhnnaed w errn.er any Wnlreo Lan,n.emfnl Mt -ant an b.Mtr Pr the Company, under me a;I UI Th. rnmpanv of a01-- 121 tarn dwy appe,nlyd .nonrey In•r.cl of ale company n hereby rothonsad nr eacsv r, any wee en CvmmluT,Tnr brand nn brhan ur ti.r Cumlllrry. "earl the sere or d.r CaRPT01Iy err yth.fwne, to the 1XIM That duct, action I%auehaneed by the gran[ of pwwrs In Pr.diJ Iur in Ouch percun's wnne.. allpewnlrr+.nr as avch attorner .A4M D) Lath or the Chum in 1M Pre wmt and tht via bail"". of th. Compaq �ae.tbv wrewvnl, rvr awl w, beLbtl or Lot C„m noel,- Ic appolot In Tmur+e any panm tm aueemy��. rare of the Company wilt IUU Pnwrf and arlAmtry to ftnu re: rat and wn hahaif x the Calm WA?, o-ndar Or seal Pf Ib. Cramp—w ctherw, w,, suit. Wnnrnf4mmnmrnta of the Camp-ry .c may tR vptnfted u. wth wnnm Oppaintmeal. "loth 5pcCffW.11 n may IV by "t.t type w tiav of Wr.nrn Cornet r.Wveto err by aside "naka el erne of more;1f"u LW Wr•1 Ern CPmmumenT- (tI Gth or the ouutnan, the Proxutem and tho vice i'res:4r-0 of It, Culnpawy tr ner.py,141horne+l. for and on tv1,ail of the Company to aesept , rn wn[n g to Ivy Vfhrt al( cf -! th1 Cumfanv it -A Thsniy In!viral., lnr and". hel"If,If rbe ronpans. I.I.d.c trip 0—van, s u-1-Oti.1MOW p j.. wnnen c,"M t N Or the CQm pony n are 14—&Ir4 in tarh W r.nen ddelt•ndn. VA sprrdkaTlon Trial, be by stnerat OW of n.ta PI W11Itrw Cwlrmlmterea of by Tplelhtaelnn el am er maer p-nlruIM Wr[tien C9MMAments Isl YAP ufn,du re of -ray V4?IW or Odmr Peftu- le.m4 any W rwen Co. m, im&w err .ppWnrment or diki"100 prrrlael to Ih re 2g vlK`n, and the s.at of the Cnm pony. rn.y Lie anl.nl ter tacumtiPan IQ& wnl ten rpnNT.nmal.T do wrnsen appnu.tmenr W JefeRal I" $1IRTR ER RF_ INEA- that the forep'nC R.[nlvt inn tor, 'At be dewncvt To, he .w .xfue.ue sute..wt of the prnr.n aril au ir—dy of ORA ers r.Ip6r,— and nN.r p",coks 1., Act raw and rm },hated Ibe (pmpany-and tucl, ltmlur,un [Rail Title Iltnit ur W hn wife eRect , he et ems, err any 1Pd• raxrer a r to Nun Iy tNherM i fe • a I W ry all ahlod Pr ."I tH - 1, Dawn M. Chidtds. ASKISMnt Secretary Of FEDERAL SINSOAANCE COMPANY, VIGILANT t%511KANCE CC) MPAIW, PACIFIC INDEMNITY Co MPANV, W TC11ESiER FIRE INSURANCE COMPANYit" ACEAMERICAN INSURANCE COMPANY (the 'f:e,mpantes'i do hereby rerafy Ihal k0 dle foregoing Resoliuhrra adopted by the Rgard al birectOn of the Companies are true. vatted -na in full tone and effect, (it) The foregoing Power at Attorney Is true, cnmed and in hill farce and elfect r +- - Given unit er my hand and scald of satd Cnn 1pan+es at WhiteAn[rse Station. NJ, this �, I,-.[tt �1; I Cfi67t YI r hbwas be.hl:Urr tic7�t:lt} Iy TiIE EViEK1 rill) WI511 TO VL%ITN THE AUTRIFI'MCM UP TW5 aRll130$MOM" M nF ANI OrmER "AtT ER, PLEASL CONTACT% AT Telenhane gWe$ W3. 949j Fnviivtn ttl 3656 "Wd sorfAlkhubarna CO'nt"W FED VtC-PI•WFIC•M1C {fee U•191 FORMS AND CERTIFICATIONS - PAGE 26 PROPOSAL FOR CITY OF FORT WORTP - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP W- sibil N— Safety History Table 2019 j 2020 2021 A Total Number of Rield Man -Hours 2.404,278 1,968.533 4.779.594 >` Ltmbcr of Recordable Incidents with no lust time 6 aecidenLr, I q s Number of Recordable Incidents with lost time C accidents �� { D Total Recordable Incident Rate (TFJR) (B+C) x (?t1t1d 00)1 A 0,�8 +t.s s�.r,7 E Niumher ❑t F.'J W IitiCS 0 0 It F Published Experience Modification Rate (EMR) 0.47 0.45 0.49 Provide docurnentation as an appendix to support the alcove Experience Modification Rate information. Either of the following methods are acceptable: ■ Letter from insurance agent, insurance carrier, or appropriate government agent v (oil their letterhead) verifying the modification rate. Copies of the Experience Rating Calculation Sheets for each of the above years that your insurance carrier forwards to you annually. If the Total Recordable Incident Rate exceeds 2.0 for any ol'the past three years, provide OSHA 300 logs for each of the past three years. City of Fart Worth -- Ray White Road Widening Improvements Project CPN 103270 Page 80 of 50 CMAR RFP (Fonn 412&22) FORMS AND CERTIFICATIONS - PAGE 27 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM 11110#pill 11;4 Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Under Covered Autos Liability Coverage, the Who is An Insured provision is amended to include as an "insured" the person(s) or organization(s) named in the Schedule above, but only with respect to their legal liability for your acts or omissions or acts or omissions of any person for whom Covered Auto Liability Coverage is afforded under this policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: Policy Number: 51 PKG8897619 Named Insured: MCCARTHY HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date:41112023 00 CA0070 00 10 13 Page 3 of 4 Policy Number: 51 PKG8897619 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non- contributory. When the insurance provided by this endorsement is primary and non-contributory, we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II — Who Is An Insured is amended to 1. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 @ Insurance Services Office, Inc., 2012 CG 20 10 0413 Policy Number: 51 PKG8897619 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non-contributory. When the insurance provided by this endorsement is primary and non-contributory, we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. SCHEDULE Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured- B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM THE NAME❑ INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: 1. If we recover any amount as a result of our exercise of these rights, the amount recovered will be divided as follows: 1. Any insured or other insurer that paid amounts in excess of the limits of coverage that apply under this policy will be reimbursed for the actual amount paid. 2. We will then be reimbursed for any payments we have made. 3. Then, if any amount remains, any insured or other insurer who paid amounts before the limits of coverage for this policy applied will be reimbursed for the actual amount paid. Expenses incurred in obtaining a recovery of any payment we make under this policy from someone other than us will be divided in the same ratio as the recovery is shared. However, if we bring legal action against any other party on our own or try to obtain recovery and fail to do so, we will pay all expenses we incur. 2. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products and completed operations hazard". This waiver applies only to the person(s) or ❑rganization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. Issued By: ARCH INSURANCE COMPANY Endorsement Number: Policy Number: 51 PKG8897619 Named Insured: MCCARTHY HOLDINGS Endorsement Effective ❑ate: 00 ML0207 00 11 03 Page 1 of 1 Policy Number: 51 PKG8897619 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ fT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organ¢ation(s): ANY PERSON OR ORGANIZATION THAT REQUESTS A WAIVER FROM THE NAMED INSURED VIA A WRITTEN CONTRACT PRIOR TO THE ACCIDENT OR LOSS.. Information reouired to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the persons) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 D Insurance Services Office, Inc., 2011 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ❑RGANIZATION WHERE WAIVER OF OUR RIGHT TO RECOVER IS REQUIRED BY WRITTEN CONTRACT WITH SUCH PERSON OR ❑RGANIZATION PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. tThe information below is required only when this endorsement is issued subsequent to preparation of the policy.) E.ndorsment Policy No. 54VIVC18934919 (AOS) Endorsement No. Effective 4/1/2023 51WC18897519 (FL, NY, PA) Premium INCL. Insured MCCARTTHY HOLDINGS,INC. Insurance Company ARCH INSURANCE COMPANY Countersigned By 01983 National Counei on Compensation Insuranes. ADVANCE COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 90 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent_ SchedLde Persons) or Organizations) including mailing address_ All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. Al other termsand conditions of this policyremain unchanged. Endorsement Number; Policy Number: 51PKG8897619 Named Insured: MCCARTHY HOLDINGS, INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 4/1/2023 00 WILO i 00 11 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to Wu. If possible, such copies of the notice will be mailed at least 120 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent_ Schedule Persons) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 54WC18934919 (AOS) 51 WC18897519 (FL, NY, PA) Named Insured: MCCARTHY HOLDINGS, INC. This endorsement is effectiveon the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 4/1/2023 (? MLM8700 11 10 Page 1 of 1 PROPOSAL FOR CITY Of FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Arch insurance Company y Arch Insurance r 311 South Wacker anve Suite 3700 Chicago, tt 60606 T. 312.601.E40D V 312.601.8492 archinsurance.com April 1, 2022 RE: McCarthy Building Companies, loc. NCCI Risk 10 #910664166 To Whom It May Concern. McCarthy Building Companies. Inc. has the following history of credit WorKers Compensation experience modifications (EMRs) that reflect their significantly better than average countrywide loss history and their exemplary countrywide safety and accident prevention programs that promote and emphasize occupational safety. Year NCCI 4/112022 .48 4/1/2021 .49 4/1/2020 .45 4/112019 .47 4/1/2018 .51 4/112017 .59 Aon Risk Solutions manages the casualty insurance needs for McCarthy Building Companies, Inc. If you have any questions or require additional information, please contact me at (312) 601-8473 or Justin Kolka, Account Executive, Aon Construction Services Group at (312) 381-3671. Sincerely, 1 Sheryl Johnson Arch Insurance Group — Underwriting Assistant FORMS AND CERTIFICATIONS - PAGE 28 PRf1PnSAl FnA MTV fir Ff1RT wnATH - AAV WNiTF RnAn WIf1FNINr impA vFAAFNTS PRrLIMT rPN 1nR77n f MAR RFP Exhibit I — Construction Budget and Fee Proposals Construction Budget The City's Construction Budget 1 $13,256,000.00 CMAR Fee Proposal Pre -Construction Phase Cost (Paid from other Project funds): Minimum Amount (required) $ 2O,00O.00 Additional Amount (if any, cannot be negative) $138,000.00 Total Pre -Construction Phase Cost $158,000.00 Construction Phase Fee: (expressed as a percentage of cost of Work; will be incorporated into GMP) 6.25 CNLkR's Share of Unspent C1NAR Contingency - if any 50,00% CMAR's Share of Unspent GMP (exclusive of CMAR Contingency) - if any 50.00% (refer to Attachment 2, Agreement, Articles 2.D and 2.E) Note- Only the Total Pre -Construction Phase Cost and Construction Phase Fee percentage will be read publicly at the time the RFP is opened. City of Fort Worth —Ray White Road Widening Improvements Project CPN 1Q3270 CAAAR RFP (Form 42&U) Page 41 of 50 FORMES AND CERTIFICATIONS - PAGE 29 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 2. )Forms and Certifications Pass/Fail 3. Proposer's Corporate Experience and Financial Stability: related CMAR and non-CMAR project delivery experience. including safety record. self -performance capabilities, financial qualifications, corporate history of litigation and the forms of dispute, and history ofcomplctirtg projects on time. The Firm can Maximum 10 demonstrate relevant and recognized project delivery experience points through using various project delivery techniques and best practices. The Finn explains the benefits of that experience in terms of value for the City's project and provides a current Company Financial Statement. d. Pricing of CMAR services (Preconstruction and CMAR Fee) Maximum S Exhibit [ points 5. CMAR Qualifications and Experience of Key Personnel (Relevant Non-CMAR experience acceptable): Overall qualifications, capacity. experience, and workload of the Proposer's Key Personnel to perform the required Preconstruction Phase Services and Construction Phase Services. Demonstrated results and success with of projects of similar size and scope (CMAR and Non-CMAR Experience): Proposer's relevant experience in project delivery including: value engineering, constnretability reviews, value analysis and best practices in construction delivery methods (designlbidlbuild, construction management at risk and design -build) and associated Prc- Maximum 20 Construction Services. The team's value proposition is clearly points communicated through experience. results and assigned roles and responsibilities. CMAR and non-CMAR experience is recognized when the team can demonstrate experience in various delivery techniques and, explain the benefits of that experience in terms of value for the City's project. Include Client References for Similar Work Performed and Proposed Project Team's Capacity, experience and workload. City of Fort Werth — Ray White Road Widening Improvements Project CPN 103270 Page 42 of 50 CMAR RFP (Form 4126122) FORMS AND CERTIFICATIONS - PAGE 30 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE RDA D WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 5, Project Approach a. Construction Approach: Proposer's approach to dealing with Maximum 25 delivery impacts (i.e.. adverse weather, operational issues, etc.), working with stakeholder and customer communities, and managing Points sub -contractors. Approach to managing and maintaining cost and schedule as it relates to franchise utilities and third -party stakeholders. b. Pre -Construction Services: Team's approach to performing pre - construction phase services. integration with the Owner's design firm, controlling schedule and budget to meet GMP and meet or Maximum 10 exceed delivery timeline. Identify any specialized skills or special consideration that Proposer will be able to provide. points c. QAIQC and Safety Plan: Demonstrated development and implementation of Quality AssuranCC Quality Control and Safety Maximum 5 Plans to achieve successful projects. points d. Cost and Schedule Control: Approach to managing and controlling costs and schedules. identify approach to change Maximum 25 management process, points 7. Compliance with the Business Equity Ordinance: Acknowledge and commit to meeting the overall diverse Business Euuitv Goal and Pass/Fail present its preliminary Utilization Plan Proposer's responsiveness to Request for Proposal Yes/No City of Fort Worth — Ray White Road Widening Improvements Project CPN 103270 Page 43 of 50 CMAR RFP (Form 4126/22) FORMS AND CERTIFICATIONS - PAGE 31 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Exhibit K- Prevailing Wage Rates (For Information Only) (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling lnstallerHelper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete CuttcrlSawer $ 17.00 Concrete Cutter/SawerHelper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 1 1.50 Electrician( (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 GlaAcrHelper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building AssemblerHelper $ 12.00 Metal Installer (Miscellaneous) $ 13,00 Metal Installer Helper(Misecllancous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Fainter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipe[itter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Hclper $ 15.85 Reinforcing Steel Setter $ 12.87 Reinforcing Steel Setter Helper $ 11.08 City of Fort Worth - Ray White goad Widening Improvements Project CPN 103270 Page 44 of 50 CMAR R F P (Form 4/26122) FORMS AND CERTIFICATIONS - PAGE 32 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP Roofer S 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Shect Metal Worker Helper S 13.11 Sprinkler System Installer S 19.17 Sprinkler System installer Helper $ 14.15 Steel Worker Structural S 17.00 Steel Worker Structural Helper $ 1.3.74 W aterproofer $ 15.O0 Equipment Operators Concrete Pump S 18.50 Crane. Clamsheel. 6ackhoe, Derrick, 'Line Shovel S 19.31 Forklift S 16.45 Foundation drill Operator $ 22.50 Front End Loader S 16.97 Truck Driver $ 16.77 Welder S 19.96 Welder Helper S 13.00 The prevailing wage rates shown Ibr Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction kssociation) websitc: www.lexoassociation.org/Cliapter/wa,gerates.asp City of Fort Worth - Ray White Road Widening Improvements Proyect CPN 103270 Page 45 of 50 CMAR RFP (Form 4126)22 j FORMS AND CERTIFICATIONS - PAGE 33 CY) m z Q W C) z W i cc W CL x W W cc 0 a cc 0 c3 J a i L) z Q z LLI LIM ac Q PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 3. PROPOSER'S CORPORATE EXPERIENCE AND FINANCIAL STABILITY -47 a Q a G°�•y �a,� ¢ate �°�vm �`�. City of Fort Worth Harmon Road From 6S 2t37181 To Golden Trion • . • . • . . • •. • • • • • • • • • • • . • ae Boulevard ; January 2021- In Progress, $22 million y City of Fort Worth Hemphill Connector .................................................... . . .......... . July 2017 -April 2020, $30 million ■ ; vor ■ City of Fort Worth Village Creek Peak Flow.Storage • • . • • • • • • • • • • • • - - July 2014 - December 2017, $26 million ...................... ..... UTSW Overhead Connector Bridge August 2013 - February 2015, $18 million • State Highway 45 Southwest , November 2016 -December 2019, $75 million V ; ■ • Denton SED-B . • Ongoing Project (est. October 2022-December 2023), ■ $21 million FIVE RELEVANT PROJECTS - DETAILED SUMMARY City of Fort Worth Harmon Road Fort worth, Tx This $22 million CMAR project includes preconstruction and construction to expand Harmon Road from two lanes to four, increasing the ease of traffic between 287 and 35W in Fort Worth. The project utilities include drainage and waterline; McCarthy self - performed retaining walls, earthwork, concrete paving repair, traffic controls, and flatwork. This project required complicated phasing and traffic control, with McCarthy continuing to keep in constant communication and coordination with the City, the surrounding property owners, and businesses that are adjacent to the Harmon Road project. ---own. CORPORATE EXPERIENCE - PAGE 34 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP City of Fort Worth Hemphill Connector Fort Worth, TX This $30 million CMAR project included preconstruction and construction of the new roadway underneath the existing IH- 30 freeway and four UPRR freight rail lines to provide additional connectivity through downtown Fort Worth. The project included utilities, paving, beautification, among other features, and McCarthy kept consistent communication and coordination with 3rd parties such as TOOT, UPRR, the adjacent developer, and property owners throughout construction. The McCarthy team self -performed bridge work, retaining walls, earthwork, concrete paving, and flatwork. State Highway 45 Southwest Buda, TX State Highway 45 Southwest is a $75 million Hard -Bid Project. It is a four -lane, 3.6-mile toll road in Buda, Texas. Connecting two major thoroughfares, the highway provides needed congestion relief, safer local transportation, and improves air and water quality by offering an alternative to gridlocked neighborhood streets. McCarthy self - performed bridge sub/superstructures, concrete slgnage structures and a shared use path, asphalt paving, an underground storm sewer, earthwork and environmental work, and traffic control. The scope of this project presented several environmental needs which McCarthy addressed by taking extensive protection measures to safeguard these vital areas. The team also coordinated with the local school district and residents to plan around bus routes and minimize disruption. UTSW Overhead Connector Bridge Dallas, TX This was an $1 S million CMAR project and was extension of the existing overhead connector system for UT Southwestern transit vehicles and pedestrians. The project includes approximately 2,000 linear feet of overhead connector consisting of two twelve -foot lanes and a ten -foot sidewalk with a covered pedestrian walkway, as well as a bridge connection of the new overhead connector to the existing overhead connector. McCarthy self-permormed the cast in place elements of the bridge structure and worked with Kimley-Horn on this project and the hospital remained open throughout construction, so owner coordination and communication were key for the traffic control success during the mass utility installation. Denton SED-B Denton, TX This $21 million CMAR project is a part of the City of Denton's focus on rebuilding existing streets that have reached the end of their useful life. The scope of the project across 18 different streets includes demolition, asphalt paving, earthwork, subgrade stabilization, waterline and sanity sewer. McCarthy intends to compete to self - perform excavation and embankment, subgrade, flatwork, and removals. A key component of this project will be communicating pedestrian access and traffic impacts to the residents and businesses in the neighborhood while minimizing disruption in the community. CORPORATE EXPERIENCE - PAGE 35 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP EXPERIENCE IN CMAR PRECONSTRUCTION Our Texas offices have significant experience with the Construction Manager at Risk delivery method, including recent experience with the City of Fort Worth, and have proven preconstruction processes in place to deliver exceptional CMAR services with GMP contracts. We thoroughly understand the Texas State Code related to this process, the subcontracting requirements, and GMP delivery. Additionally, McCarthy is currently in the final phases of delivering the Harmon Road project, another CMAR project for the City. We have built a team for preconstruction dedicated wholly to civil projects. Preconstruction Approach for Ray White Road McCarthy's team of preconstruction professionals is expertly equipped to work alongside Burns & McDonnell to assist in the completion of the project plans. Our team will begin with a Partnering/Kickoff session, specifically designed to help team members understand the conditions of satisfaction for all involved parties. The team will develop a list of deliverables and a schedule for their completion. McCarthy will develop an initial budget based on the current plans that will serve as the baseline throughout the preconstruction phase. With that initial budget, McCarthy will conduct value engineering sessions to identify any opportunities to reduce cost or enhance the project. While we review the plans, we will provide detailed coastructability feedback to aid in the completion of the drawings. McCarthy also finds immense value in walking the project site with the engineering team and the City to help guide decision making and understand the intent of design elements. McCarthy can provide real time pricing feedback on any proposed changes as we advance the drawings towards completion. McCarthy's team will work to foresee and manage project costs and diligentlymitigate risks from an early stage. At an agreed upon design milestone, McCarthy will advertise the major work categories, and compile and recommend the best value combination of contractors to complete the project as part of our Guaranteed Maximum Price (GMP) proposal. During preconstruction, the construction team is fully engaged, participating in value engineering, constructability reviews and site walks. Additionally, they will be responsible for the project's construction phase schedule, which will be developed in conjunction with the initial cost model, and evolve alongside the design. SELF -PERFORM CAPABILITIES McCarthy has a long history as a successful self -performing general contractor and we tape a great deal of pride in our self-perfonn capabilities. For this project, McCarthy will balance the benefits of self-perfor+xr with the needs of the city. Just as we have done on the Hemphill and Harmon Road projects, McCarthy, as the CMAR, will advertise and competitively bid all major work packages. Where McCarthy wishes to self perform a package, we will compete on the same criteria as external subcontractor. At the end of the day, McCarthy will recommend the best value subcontractor for each work package. However, should a subcontractor default during the course of construction, McCarthy's self -perform capabilities allow us to step in and complete the work, without resulting in a negative schedule impact. With a Texas labor force of over 500 hourly craft professionals and over S30 million in heavy equipment assets in Texas alone, McCarthy has the capability to self -perform several aspects of this project, including demolition, earthwork, storm drainage, retaining walls, traffic control, flatwork, and some concrete paving. Self - performing key work packages allows us to maintain greater control over the entire construction process including schedule, safety, risk management, cost, and quality control, all of which yields a smoother, more efficient project for the City of Fort Worth and its BENEFITS OF MCCARTHY'S SELF -PERFORM SERVICES McCatthy's Self -{perform Capabilities Drive Best Value Self -performing these trades allows our team to control the schedule ana work flow an crntica+ pieces of the project, while ensuring the highest quality. L � �0 `r — VL-0� fl—O qaa �I r� 1 i+� Concrete Paving Demolition Earthwork Storm Drainage Roundabout & Flatwork Constructrion CORPORATE EXPERIENCE - PAGE 36 4. PRICING OF CMAR SERVICES PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 4. PRICING OF CMAR SERVICES Krhihir I - Construction Budget and Fee Proposals Construction Budget The Citv's Construction Budget CMAR Fee Proposal Pre -Construction Phase Cost (Paid from other Project funds): l Minimum Amount (required) Additional Amount (if any, cannot be negative) Total Pre -Construction Phase Cost Construction Phase Fee: 1 S13.2-%,000.00 $ 20,000.00 $138,000,00 S158,00000 (expressed as a percentage of cost of Work; will be incorporated into GNtp) 6.25% CMAR's Share of Unspent CMAR Contingency - if any 5 CMAR's Share of Unspent CM (exclusive of CNfAR Contingency) - if any 50.00% (refer to Attachment 2, Agreement, Articles 2.D and 2.E) Note: Only the Total Pre -Construction Phase Cost and Construction Phase Fee percentage will be read publicly at the time the RFP is opened. City of Fort Worth - Ray White Road Widening Improvements Protect CPN 103270 CMAR RFP (Farm 412W2) Page 41 of 50 PRICING OF CMAR SERVICES - PAGE 37 Lf) J W Z in Z Z 0 C!] W za r�Z= W a�ld c3 LL W J L) M Z c W � W x C3 LIJ PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 5. CMAR QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL PROPOSER'S KEY PERSONNEL BAVtD ' WALLACE, PE. dt Project Manager 19 years of construction experience Worked on three previous City of Forth Worth CMAR projects Main point of contact for the City of Fort Worth David will lead this project from the very beginning to the very end as the project director and will be the main point of contact for the City of Fort Worth and Burns & McDonnell Engineering Company, Inc. He will provide leadership to the construction team, attend monthly owner meetings with Fort Worth, and be ultimately accountable to the City for McCarthy's performance an the project. During preconstruction, David will provide oversight to the overall efforts of the preconstruction team. He will utilize his Fort Worth CMAR experience I ensure the preconstruction team stays on schedule, delivers timely and accurate estimates, engages the subcontracting community, and is responsive to Fort Worth throughout the preconstruction phase. David also has experience with EPC, CMGC, and Design Build, Raving delivered over $1 B of alternative delivery project during his career. J COLLEEN MARTINGALE Preconstruction Director 15 years of heavy civil estimating experience • Considerable Horizontal CMAR experience • Will develop the initial budget and cost model • Will lead development of the GMP of the project Colleen Martindale will be committed as needed to the project and oversee a team of preconstruction professionals. Colleen will lead the preconstruction team through all design phase deliverables, from the conditions of satisfaction workshop to the development of the initial budget and ultimately the GMP Additionally, Colleen will manage the day-to-day estimating activities during the preconstruction phase. Colleen has 15 years of heavy civil estimating experience across the state of Texas including roads, bridges, site work, solar and railroads. She will be involved in takeoff, {pricing, value analysis, constructability reviews, and subcontractor engagement throughout the preconstruction phase. Her relationships with the civil subcontractor community will add value to the City. JEROMY SHAW VP Preconstrucuon • 24 years of experience • Extensive road and bridge preconstruction services Jeremy Shaw will provide oversight for McCarthy's preconstruction services. He brings extensive road and bridge preconstruction experience to this Project. Currently, Jeromy is leading the civil preconstruction department and will be providing leadership throughout the preconstruction process. He will also be responsible For staffing the preconstruction phase of this project, ensuring that the best talent is present for this job. Jeromy's previous civil CMAR experience is extensive, acid in addition to his work on the City of Fort Worth Harmon Road and Hemphill projects, he experiences includes projects such as the UTSW Connector and the San Jacinto River Authority Water Surface Facility. He also oversaw the civil components of the apron paving and utilities at the Southwest Airlines Hobby Hangar. Jeromy has also been involved in progressive design build projects, which are similar in process to CMAR. Some examples of these are the Northeast Water Purification Plan (NEWPP) Early Works Package #2, NEWPP Intake Pump Station, and NEWPP Central Plant. COURTNEY KELLY, P E. [40�_ Construction Manager ■ 100% committed to this Ray White Road Project Day -to -clay on -site leader Will manage activities of construction team Courtney will be active in the preconstruction process and will lead site logistics, construction planning, and constructability review efforts. She will develop bid packages, front end documents and ensure no scope gaps are present, and then facilitate the competitive bidding of the various elements of the work. Her involvement in preconstruction will facilitate a smooth transition to the construction phase. During construction, Courtney will assist in negotiation and buy-out of subcontracts and purchase orders, finalizing the master construction schedule and coordinating subcontractor activities and manpower requirements. She will also have responsibility for final review and approval of schedule of values, monthly pay requests, change proposal requests, and overall accounting of the project. QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL - PAGE 38 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP ALEX VELEZ Project Superintendent Alex Velez will be committed 20% during preconstruction and 100% during construction and will serve as the CMAR Superintendent, having oversight of all construction activities. In this role, he will coordinate schedule, and inspect the work of the various subcontractors and any self -perform labor. His emphasis is massaging the construction work and coordinating with the City inspector and third party testing firms. Alex will be responsible for implementing the Safety Program, and will condrfct on -site safety meetings, task hazard analysis, toolbox safety meetings, and all onsite safety training. Alex has been involved in three City of Fort Worth CMAR projects with David Wallace, including the current Harmon Road project where he is currently the Project Superintendent. He helped with project completion and closeout at the Village Creek WWTP Peak Flow Project, and was involved with startup and construction of the Hemphill Street Project, before running work on various transportation jobs for DFW airport and BNSF Railroad. His experiences include excavation, grading, utilities, structures, and concrete. Ricardo will he committed 100% to the project during preconstruction and will assist Colleen in the day-to-day estimating activities. He has 24 years of experience in the industry and five years in preconstruction. Ricardo will be involved in takeoff, pricing, value analysis, constructability reviews, and subcontractor engagement throughout the preconstruction phase. ANDREW CUNNINGHAM i Quality Director As the quality director, Andrew will provide our team with guidance and direction when it comes to quality. During preconstruction, he will work with our project team to develop and implement the Site Specific Quality Plan for the project. He will maintain overall responsibility for implementing McCarthy's "Quality without Question" initiative and will facilitate formal partnering sessions throughout the project to meet or exceed expectations. %64.2-W) Safety Manager Andrew will serve as the safety manager for this Project. He spends a considerable amount of time on each of his jobsites to ensure McCarthy's safety program is fully implemented and adhered to by both our own employees as well as our subcontractors. During preconstruction, Andrew will be involved with the construction planning activities to assist the field staff in configuring the jobsite with the safest methods possible. During construction, Andrew will visit the site on a regular basis to ensure the safety of the entire staff on the job. Director of Diversity and Communitv Outreach Adrienne will lead the MWBE outreach and compliance efforts for this project. Working in concert with Colleen during preconstruction, she will develop and execute a comprehensive subcontracting and community engagement plan. Throughout the preconstruction phase all good faith effort measures will be tracked and available for review. During the construction phase, Adrienne will provide oversight of the teams compliance effort and will serve as the key point of contact for the City's Office of Business Diversity, QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL - PAGE 39 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP COMMITMENT DEDICATION The key personnel McCarthy has proposed will be dedicated and available for the performance of the Project and will only be changed with prior written approval by the City. Commitment Amount: Preconstruction David Wallace 25% Jeromy Shaw 10% Colleen Martindale 50% Courtney Kelly 50% Alex Velez 20% Ricardo Morales 100% Adrienne Williams 5% Andrew Cunningham 5% Commitment Amount: Construction David Wallace 25% Courtney Kelly 100% Alex Velez 100% Adrienne Williams 5% Andrew Cunningham 5% Andrew Rhines 20% Assistant Superintendent 100% Project Engineer 100% low V,7 �+ � State Highway 45 QUALIFICATIONS AND EXPERIENCE OF KEY PERSONNEL - PAGE 40 IRAUL LOPEZ, P.E. Program Manager ORGANIZATIONAL CHART OF KEY PERSONNEL FORTWORTH., LEON WILSON, P.E. City Project Manager CITY INSPECTORS 3rd Party Testing Firm &�% BURNS �\ M MONNELL Dennis Ingram CITY SUPPORT SERVICES Permitting, Finance, Etc. PRECONSTRUCTION CONSTRUCTION Wdrienne WilliamsAndrew Rhines David Wallace, PE. r " Jeromy Shaw � Andrew CunninghamCitS_ JP E+r�� �nstru<<ti,neClDf ref D�vel _,3ty and Quality Director ;�5atety Manager . Nr�jeci Manager A—— - rnmun+ty Outreach M&=CCf!r11 Ocardo Morales t=3inZnting Managnr Estimators As Needed Courtney Kelly, P.E. 4 Construction ManageA Alex Velez Project Superintendent r Assistant Superintendent 1i Project Engineer & PROJECT APPROACH PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP 6. PROJECT APPROACH PRECONSTRUCTION APPROACH As the Construction Manager at Risk, McCarthy serves as an advocate for the City throughout the life of the project. McCarthy takes a collaborative approach and strives to not only deliver a successful project, but an enjoyable experience for all our partners. During preconstruction meetings, McCarthy will take the lead to eliminate barriers, develop mutually beneficial relationships, and establish and monitor project objectives. APPROACH TO SUCCESSFUL PRECONSTRUCT1ON COMPLETION COMMUNICATION IS KEY McCarthy will communicate effectively to facilitate action iterns and deadlines. Construction Manager Courtney Kelly will direct McCarthy's overall project team, with oversight from Project Manager David Wallace. During preconstruction, David Wallace and Colleen Martindale will attend all preconstruction meetings, while estimators, schedulers, and other field personnel will attend meetings applicable to their disciplines. Our goal is to understand every aspect of the project so we can advise the City on constructability, schedule, and cost, enabling you, the City, to make informed and timely decisions. During the preconstruction phase, McCarthy's team will work closely with Burns & McDonnell and the City of Fort Worth project staff to provide input regarding the Ray White Road project, including the constructability of the entire design, the schedule, and budget. That team, including our project manager, preconstruction director, estimating staff, construction manager, and superintendent, will work together in the following ways. t� amp tt SCHEDULE VALUE DOCUMENT ENGINEERING REVIEWS 1.OPTIMIZING THE PROJECT SCHEDULE McCarthy will create realistic preconstruction and construction resource loaded schedules that meet project objectives, with a particular focus on identifying ways to deliver the project more efficiently. In collaboration with all the team members, McCarthy will develop a design and construction phasing strategy — we understand that a drawn out construction schedule is disruptive to residents. We will strive to minimize disruption to the community and keep traffic flowing as efficiently as possible. As necessary, we can propose early, phased GMP solutions that allow the construction schedule to be optimized. The goal is to in#orm all team members of decision points that facilitate the design and construction process, resulting in an on -time delivery. In order to get the team off to a great start, we will host a partnering/ kickoff meeting where we can share information about the project and understand what is most important to all stakeholders. Together, we will develop conditions of satisfaction and a team charter, that we can reference to guide future decision making, and maintain a healthy team culture. After the team has agreed upon conditions of satisfaction for all parties, the next step will be to create the integrated design schedule, in conjunction with the design deliverables matrix. The team will determine all applicable deliverables, reports, major preconstruction activities, review timelines, important meetings, GMPs, etc. and map those out for the preconstruction phase. All activities and agreed dates will be tracked in the Design Deliverables Matrix. These activities are for all parties, not just the design team. Having this schedule established helps all parties hold each other accountable and work towards our common goal. The team will look for any opportunities to improve the efficiency of the project delivery timeline. Based on the project needs, required approvals, design status, and financing, McCarthy will continue to offer recommendations to the City of Fort Worth to evaluate and approve. To meet schedule challenges during the Hemphill project, McCarthy identified work that did not require Union Pacific Railroad clearance and could be completed early, The design for this scope was complete and avoided the need to perform this work while simultaneously working on the railroad, During the development of the project schedules, McCarthy follows an extensive planning process to ensure the quantity of work is accurately represented by the activity, the duration to complete the work is reasonable, the resources (materials, equipment, and manpower) necessary to complete the work within the time frame will be available, acid that the work progresses in a #ogical flow. The team will consider the impacts of all proposed phasing on residents and businesses, keeping access and public mobility front of mind. The schedule also includes submittal and procurement activities for all critical or long lead items that could ultimately impact the project completion date. Prior to commencing construction, all subcontractor submittal and work activities will be agreed upon and included in the master schedule. To expand on earlier schedules, McCarthy then prepares a detailed master resource loaded schedule as design documents are completed. PROJECT APPROACH - PAGE 42 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PRQJECT CPN 103270 CMAR RFP 2. VALUE ENGINEERING Value engineering is a critical component of our design phase services. A systematic approach to maximizing the effect of every project dollar spent, McCarthy's value engineering process evaluates alternative materials and equipment to maintain a specific level of performance while reducing costs. Our preconstruction team will review all plans and specifications during the preconstruction phase and will recommend alternate design solutions that may improve the cost and quality of the final product. Upon receiving the Notice to Proceed, McCarthy will implement a value engineering session with the City and Burns & McDonnell. This session will involve both our estimating and construction team members, and, at a minimum, the agenda will include: • Identification of needs and definition of function Brainstorming to create solutions • Review of contract documents and budget estimates to identify items that are not within the guidelines of the specifications Development of the costs for proposed alternative solutions • Evaluation and prioritization of the various SCILitions based on project criteria, feasibility of implementation, and cost • Selection of the optimum solution and implementation of that solution 3. CONSTRUCTABILITY REVIEWS McCarthy will combine our value engineering process with a constructability review, beginning with the 30% design plans. As recommendations from these reviews are implemented, McCarthy will continue to offer solutions and model costs to keep the project within budget and provide value to the City. These reviews are critical components of the preconstruction process. McCarthy's preconstruction team takes a disciplined, proactive approach to this review. The project team will lead these reviews and assess: i. Construction efficiency and schedule impacts 2. Cost effectiveness 3. Scope growth that may affect the cost 4. Construction logistics and phasing, including traffic control 5. Design ambiguities that require further detailing 5. Possible inconsistencies between design and the specifications 7. Impact assessment to minimize disruptions to the community's local residents, neighborhoods, and community centers such as the Hillside Community Church Throughout the review process, McCarthy provides extensive construction expertise to ensure clear, concise, and constructable documents. McCarthy's thorough constructability review allows for the early discovery of issues and reduces the need for change orders during the construction phase. Deliverables resulting from constructability reviews will include a red line set of documents at each stage of the review and an ongoing review log documenting the page and location, as well as a brief description of the issue or item to he resolved. As appropriate, recommendations and solutions will be documented as well This log will serve as a checklist to ensure that identified issues are addressed in the next phase of document development. BENEFITS OF PRECONSTRUCTION APPROACH MARKET CONDITIONS/ESCALATIONS The impact of COVID-19 on the construction industry has been felt by owners, contractors and vendors, alike. An ability to pivot quickly and adapt to unfavorable conditions is one such lesson that has become increasingly important as market volatility continues to linger and is anticipated to last for some time. As we approach Ole preconstruction phase for Ilie Ray White Road project, we are faced with material shortages and skyrocketing inflation. As part of our standard procedures, McCarthy regularly monitors market conditions, looking at raw and finished material indices, industry and financial data and projects escalation risks on our projects. To mitigate risk, McCarthy will identify materials with volatile pricing and long lead times and continue to monitor their status as the design progresses. When possible, McCarthy will recommend alternate products to ensure more cost certainty. On recent projects, McCarthy has seen prices for lumber, steel, and plastic products experience severe and sharp increases, alongside extended lead times for procurement and multiple escalations during the construction phase of the projects. To mitigate this, McCarthy can issue early limited notices to proceed and will work directly with vendors to procure material early and store it, to PROJECT APPROACH - PAGE 43 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP lock in more advantageous pricing. When materials are less critical to the schedule, we may elect to delay purchase of certain materials projected to return to more typical pricing, allowing us to protect the project Budget. If procurement of materials or equipment is an issue for a particular subcontractor or vendor, McCarthy is poised to utilize existing relationships with local, regional, and national suppliers to assist with fulfilling the need. McCarthy will evaluate any known or expected price escalations and incorporate those into early cost opinions to keep the team informed and ensure that appropriate funds are allocated during the preconstruction phase. McCarthy combines detailed planning, with appropriate flexibility, to allow us to respond to market conditions and protect the project budget and schedule. McCarthy completed the preconstruction phase of the Harmon Road Improvements Project while incorporating new technology and strategies to keep the project on track and maintain communication with all team members, even when gathering in person was not possible. The lessons learned in f h e areas of safety, material procurement, and overall project management will be incorporated into this project. 7.Z DELIVERY IMPACTS MANAGEMENT McCarthy uses state-of-the-art tools and programs to manage projects. These tools will help us manage the delivery impacts throughout the duration of the project and help us anticipate and manage these impacts before it occurs. We will utilize a program called Join during both the preconstruction and construction phases to help us identify the project elements that would impact the project. We will start the early procurement of long lead items like drainage materials, water line materials, and rebar which will allow us to make sure that these materials are delivered on time and avoid supply chain issues. In addition, it will help us to identify the costs of these items and avoid escalations as much as possible especially that this the current climate of the industry where escalations sometimes occur on a weekly basis. We will also manage deliveries around adverse weather that we know will happen in North Texas like the freezing temperatures that we now anticipate in February and March of every year. Check out examples of our Preconstruction Approach on recent relevant projects. PROJECT APPROACH - PAGE 44 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP SPECIALIZED SKILLS As "true builders," McCarthy maintains a historical database of cost on self -performed work. All estimates are performed using HCSS Heavy Bid software, which is designed for self -performing, heavy/ civil contractors. McCarthy can update pricing in real time based on impacts of subcontractor and material pricing, personnel, equipment, and productivity. The McCarthy preconstruction team also utilizes On -Screen Takeoff and Bluebeam Studio for quantity takeoffs and document markups. AgTek Q is the software we utilize for earthwofk takeoffs and modeling. McCarthy also utilizes Join, which is a cloud -based design phase cost management tool that is used to promote collaboration and improve transparency around McCarthy's trending process. This process, which brings together the entire design phase team (owner, engineer, and McCarthy), seeks to deliver feat -time cost feedback, ensuring the best possible design in line with your target budget. MCCARTHY MAPPING McCarthy Mapping is an in-house service that McCarthy utilizes to locate existing ttilities in areas where construction activities will take place. By identifying the utilities early, it allows the designs and construction teams to plan and execute war more efficiently. McCarthy Mapping is able to generate complete, accurate_, color - coded and extremely detailed maps and models. McCarthy Mapping has expertise on different mapping services and one of those is the different levels of Subsurface Utility Engineering (SUE}. We have the capabilities to perform SUE Level A as requested in the Pre -Construction Phase Services in house . Tlie location} verification of the existing relocated franchise utilities will he crucial to the success of the project. Under this investigation we will physically verify the precise vertical and horizontal location of existing utilities utilizing non-destructive hydro -excavation to expose the franchise utilities. After the franchise utilities are exposed, these utilities will be surveyed and verified through extensive field notes and pothole reports. Some examples of the reports that will be generated are a Cloud Hosted GIS Map, 2D Utility Exhibit, and 3D Utility Model. I, kw u,j� Industry Standard V115 J UTILITY RELOCATION COORDINATION As the design progresses, McCarthy will work closely with Burns & McDonnell and the City of Fort Worth to identify utilities that lie within the existing and proposed ROW and are in conflict with the project to establish a thorough utility matrix. On the franchise utility side, McCarthy has identified Tri-County Electric Cooperative over- head and underground electric Wes, Verizon Fiber Optic and Cable overhead and buried Iines, and Zayo underground communication lines. The City portion includes underground sanitary sewer running mostly on the west at the edge of ROW, storm drainage pipes, and underground electric lines feeding light poles north of Wyndrook St. McCarthy also identified water meters feeding the homes and church west of the ROW between Wall Price Keller Rd. and Hillcroft Rd. that will need to be relocated based on the conceptual design. McCarthy understands that franchise utilities relocation coordination prior to starting tite project is key to remove impacts to the overall construction schedule. To achieve this goal, we will leverage our existing relationships with the franchise utility representatives from the Harmon Road Improvements Project and the Hemphill Underpass Project. Once the conflicts are identified and added to the utility matrix, McCarthy will help in reviewing the proposed utility relocations to verify that it will clear existing and proposed Linder -and above -ground project features. Once the design has been completed, McCarthy will work closely with each franchise utility to ensure that the work is scheduled in a timely fashion. During tiie relocation process, McCarthy will field -verify that tiie relocations are being performed per the design drawings to avoid conflicts due to unforeseen changes in the field. in the Harrison Road Improvements Project, the McCarthy construction team found that several underground franchise utility communication, electrical, and gas lines had been added after the design phase of the project, which caused unforeseen conflicts and delays. Our McCarthy team acknowledges that situations such as these are to be expected and field coordination during construction with the franchise utilities can he a difficult and lengthy process. The delay often comes from the franchise utility companies not being able to release funds quickly enough to perform said relocations. To solve this issue, McCarthy proposes adding a franchise utility relocation contingency budget that can be used to hire a franchise utility -approved contractor. This will ensure that the project stays on schedule. Moreover, the contingency budget can be used for minor adjustments such as flexible conduit lowering or raising performed by our self -perform crews or the contractors performing the work packages during construction. The Water Meter Relocations are a top priority to our constructions team. At the start of the project, the McCarthy team will contact each resident and organization - please see list below - to notify them of the future meter relocation. Two weeks prior to the relocation work, McCarthy construction team members will once again contact the residents to coordinate the short-term outage and ensure that this is done during a low-water usage time during the day oI when it is most convenient for the residents. McCarthy will also coordinate closely with the contractor performing the relocation to verify that the work is properly planned, all of the materials are available, and they are aware of the schedule constraints. PRO. ECT APPROACH - PAGE 45 PROPOSAL FOR CiTY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP CONSTRUCTION APPROACH McCarthy's construction approach is built on project management and field procedures that facilitate coordination with all stakeholders. The procedures we have in place allow for a well - coordinated construction operation which results in a project delivered on -time and on -budget that meets the functional, aesthetic, quality, and safety objectives of our owners. We have two main focuses throughout the construction phase of the project. project controls and project supervision. Project controls is where we use state-of-the-art tools and programs that allow the project team to manage the project efficiently, safely, and monitor and address material delivery impacts. We will have a project that is coordinated clearly and efficiently with all the franchise utilities and stakeholders involved with the project. McCarthy will provide full-time supervision by a team that has experience with the City of Fort Worth and the CMAR process. Our on -site Construction Manager, Courtney Kelly, will be responsible for the day-to-day administration and management of the field team and will be supported by Project Manager David Wallace and the full resources of our Dallas office. OPEN COMMUNICATION McCarthy coordinates daily with the owner, on -site inspector, and third -party testing firm to ensure they are kept up to speed on required tests, inspections, and any issues as they arise. The owner, on -site inspector, and third -party testing firm will be treated as team members and partners who are key to the success of the project. Through weekly job site meetings, the McCarthy team leads the communication process among owner, engineer, and all subcontractors and vendors. The weekly meeting will allow for proper planning and communication of construction impacts for the surrounding neighborhoods, elementary school and the church located along the project. McCarthy will prepare weekly progress meeting minutes for distribution to all team members. Our staff will develop monthly, weekly, and daily reports of construction activity including cost, schedules, and administrative issues. We will also work with the City to provide communications quickly and accurately to key stakeholders, with the goal of keeping the public well-informed of the construction progress and traffic changes that affect their commute or access to local businesses. This can be accomplished through public outreach meetings, notification flyers, wayfinding signage for businesses, and a project website. On the Harmon Road Project, McCarthy developed a project website accessible to the public to communicate construction progress and any traffic changes that would affect their commute or access to local businesses. EFFICIENCY WITH TRAFFIC MANAGEMENT We understand that relieving traffic congestion is a main goal of the project, and that starts during construction by minimizing the impact on residents. McCarthy will use our experience on other local arterials, state highways, and interstate highways to work with Burns & McDonnell and the City to develop traffic control plans and construction phasing that will maintain traffic flow through the area. Special consideration will be given to the access for Freedom Elementary School where we tie into Wall Price Keller Rd, as well as traffic for the residential neighborhoods and church along the project. Focus will be put on constructing green -field areas on the west prior to demolishing existing roadways and providing the few residents north of Wall Price Keller Rd with direct access to the roadway with temporary driveways. The church and subdivisions largely have multiple ways in and out, so short detours can be provided while working to quickly place full width entrances along the alignment. By building the southbound lanes first, we will minimize traffic pattern shifts and crossovers, and keep vehicles on the existing pavement, The southbound alignment from the bridge to the church on the north, and Mirage to Wall Price Keller to the south could be completed as part of an early work package or otherwise prioritized ahead of the ROW acquisition required from the Church to Wall Price Keller Rd. In the area of the ROW acquisition, one suggestion would be to omit the turn lane for the five residential drives. This would allow the alignment to be shifted to the east and limit the ROW impact to the two homes with very tight ROW. The home just to the south of there already has no left turn lane if traveling north, this would have very minimal impact on these residents accessing their property, and there would be a minimal amount of traffic turning left impeding traffic flow northbound. We will utilize our roundabout experience from the Harmon Rd project when constructing the roundabout at Wyndrook St. This will require careful phasing and temporary pavement to ensure traffic can still flow through this area. The subdivision just to the northwest and southwest have alternate entrances nearby, so shutting traffic off to the west on Ray White would allow us to construct the west half of the roundabout in one phase while building the southbound lanes. There is also a very snort detour by taking Alta Vista Rd to Golden Triangle. The subdivision to the east on Wyndrook is much larger and has less access nearby, so careful consideration and discussions with the HOA will be held to understand if that entrance can be fully closed or if it will need to be built in halves. At the Wall Price Keller Rd intersection, traffic control phasing and closures will be utilized to install the proposed traffic signals and all other activities associated with this intersection, Limiting through traffic and detouring to Kroger Dr would allow for faster completion of the connection. McCarthy will fast -track construction through the intersections to get them to their final traffic configuration as quickly as possible with the appropriate signage to keep the traveling public informed. PROJECT APPROACH - PAGE 46 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP SITE LOGISTICS PLAN McCarthy has identified an area just south of the bridge which looks to be owned by the City of Fort Worth. We would like to utilize this area for our construction trailers and laydown. It appears this area has had fill dirt dumped to raise the elevation above the existing floodplain from the adjacent stream. We propose to grade this fill dirt, and place a temporary construction fence around the area to provide secure access for our operations. The open lane of the bridge behind the existing barriers will provide parking for onsite craft employees. PRDJECT APPROACH - PAGE 47 PROPOSAL FOR CITY OF FORM WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP SUBCONTRACTOR MANAGEMENT FOR THE BEST RESULTS McCarthy maintains the highest level of professionalism in working with our subcontracting partners. All subcontractors on McCarthy projects are treated as a partner and the same would hold true for the selected companies oil this project. On -site, we will manage and administer construction contracts, including monitoring construction document interpretations. We will conduct meetings with the successful bidders in each category to discuss expectations, procedures, scheduling, safety, quality, and equal opportunity programs before any work begins. We will also ensure all coizstrtrction agreements are executed, including insurance, bonding, and other procedural requirements. The team will implement procedures far processing and approving shop drawings and submittals, allowing them to monitor the progress through weekly submittal status reports in order to ensure timely approvals. We have a collaborative mindse[ relationship with our subcontractor partners, and that would encourage multiple and alternative solutions to be presented to develop (lie best resolution for any given situation. Situations where this mindset would apply is when there might be a substitution opportunity with anather material during shortages or the optimization of the design based on best practices. CONSTRUCTION PROJECT MANAGEMENT McCarthy's approach to construction management is rooted in oin Purpose - to be the best builder in America. This is accomplished by developing teams who exemplify our strategic anchors of operational excellence, top talent, arid client focus. With Courtney Kelly as Construction Manager and Alex Velez as Superintendent, the construction phase of the project will flow seamlessly from pre - construction to closeout. Courtney will primarily oversee cost and schedule management, coordinatim with the City of Fort Worth, and other representatives. Alex will be responsible for the physical construction through self -perform or subcontracted crews. Experi- enced in the delivery of multiple projects with varying scopes, both bring years of vital knowledge to the overall team. DEVELOPING THE WORKFORCE FOR SETTER PROJECTS At McCarthy, we believe the "tools of the trade" have evolved be- yond traditional hammers and blueprints where our focus now is on developing knowledgeable craft professionals. New and improved tools include efficient communication, effective relationships, and access to the right information from anywhere at any time,. This should be the core competency of any business. McCarthy prides itself on our robust craft training initiative. As a tool to ad- dress an industry wide labor shortage, we strive to develop a skilled workforce for safe, productive and quality construction. Some Of our programs to accomplish this include a National Foreman Development Program, Mentor Training, and Structured Career Frameworks with on the job training. SPECIALIZED SKILLS_ TECHNOLOGY FOR THE BENEFIT OF THE PROJECT Our plan at McCarthy is to implement technology for the sake of our clients and our business, not for the sake of technology. There are multiple platforms McCarthy utilizes to manage their different construction projects. A platform that will be utilized is an online project management platform called Procore. This software pro- vides mobile access to current drawings and specifications, tracks RFI's, submittals, daily logs, inspections, punch 11sts, and project fi- nancials. All team members (City of Fort Worth, Burns & McDonnell, subcontractors, on -site inspectors, and third- party stakeholders) will be added to Procore to allow for a more efficient streamline for project information and updates. COMMUNITY ENGAGEMENT & APPROACH Construction in any community brings unwanted changes to the natural rhythm that citizens and visitois are used to. Changing traffic patterns, loud equipment, and stockpiles of materials are just some of the inconveniences that are inherent to the process. We take pride in our reputation as a community builder. One of the components that make us successful is in this aspect is our incred- ible ability to huiId strong relationships with those involved with the projects we work on. Our approach to engaging with the stakeholders and [tie local community will concentrate on developing genuine relationships and providing the best solution for the community and the project as a whole. We will ford a balance between caring for our neighbors of the community and maintaining cost and schedule commitments needed to complete construction for the satisfaction of the City of Fort Worth. It is our intent to fulfill McCarthy's All In commitment to develop strong partnerships with commtin ities where we serve on every single project. Together, everyone involved will have a We, Not I attitude, resulting in positive outcomes. For example, we will engage with Freedom Elementary school and do presentations for the students in the school about construction and what it is like to work on a construction site. Our approach to engagement with the stakeholders and the local community will concentrate on developing Genuine relationships and providing the best solution for the community and the project as a whole. We will find a balance between caring for our neighbors of the community and maintaining cost and schedule commitments needed to complete construction for the satisfaction of the City of Fort Worth. C PROJECT APPROACH - PAGE 48 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR 9FP CLOSE-OUT AND WARRANTY PROGRAM The final component of a successful project is the 20-month warranty walk through. Prior to the 24-month warranty expiration, McCarthy will contact the City and Engineer for a thorough walk-through of the entire completed project. All items deemed as warranty items will be charted and resolved by the applicable subcontractor or McCarthy staff, prior to the 24-month warranty expiration date. QAIQC PLAN McCarthy's mission "To be the Best Builder in America" requires a focus on quality. The project team (McCarthy, City of Fort Worth, Burns & McDonnell, subcontractors, onsite inspectors, and third -party stakeholders) is committed to a project delivery that satisfies contractual requirements as well as McCarthy's self-imposed requirements and goals of obtaining unsurpassed quality, safety, efficiency, and environmental stewardship. The Site -Specific Quality Control Plan (SSQCP) for Ray White Road Widening Improvements Project is one part of the roadmap to achieve these goals and will apply throughout construction of the project and to all team members. McCarthy will work diligently to thoroughly understand the project scope and key requirements to identify the project quality challenges and develop an extensive Site -Specific Quality Control Plan (SSQP), While there are many ways to gain an understanding of the project, a best practice is to use a collaborative approach that engages as many of the Project Team members as possible — including stakeholders outside of McCarthy. ASPECTS OF OUR APPROACH ARE INCLUDED IN THE FOLLOWING STEPS: DEVELOPMENT McCarthy's commitment to quality starts during preconstruction. During the review of the drawings and specifications, our team will ensure that the requirements are rigid enough to demand High quality construction work, but not so rigid as to incur unnecessary costs. We accomplish tills by pairing preconstruction and operational personnel together in order to conduct the reviews of the documents so we can provide our expertise to the design team and the owner. No one likes surprises on projects, so this format lends itself to minimizing those unexpected occurrences, We plan our work and work our plan to produce positive project results for ail stakeholders. in preconstruction, we begin identifying items that are critical to successfully completing a quality project. The items are vetted amongst our preconstruction and construction phase teams for this project along with other project leaders locally and nationally to make sure we have plans around how to deliver quality on the project. Within 50 days of the beginning of the construction phase services, the on - site team will take the items identified during preconstruction as well as items that the construction team has identified so we can produce a final Site -Specific Quality Plan (SSQP), The SSQP identifies key risks to focus on (we call them Quality Challenges) along with the key steps to overcome those risks. Each quality challenge will be championed by an individual from our orm - site team to make sure we do not allow it to become a quality issue on the project. After the team develops the SSQP, an executive review is scheduled for all parties and our on -site team, Project Director, Quality Director, and Vice President of Operations will all be in attendance. This group helps to ensure we have properly identified the quality challenges that the job may encounter as well as to help fulfill out quality initiative of "Do it Right the First Time." IMPLEMENTATION Quality will be implemented on the Ray White Read Widening Improvements Project from the very beginning. McCarthy does not consider quality a single activity, but a series of linked activities performed proactively to avoid larger issues later in the project. We focus on the value of quality, from which certainty can be produced. An example of a step we take to implement quality is the bid documents - the more concise and clear the bid documents are, the easier the subcontractors will understand the project requirements. This certainty then permeates throughout the project as requests for information and changes are minimized, thus improving coordination and scheduling. The bottom line is that quality will be achieved, and budgets are met, when properly managed. Project Director David Wallace will lead our preconstruction and construction teams in making sure quality is implemented throughout the project. Project Superintendent, Alex Velez, will oversee on -site quality each day to make sure the individuals assigned in our SSQP are monitoring the quality challenges identified and that our team has the resources to address those challenges, as they arise. PROJECT APPROACH - PAGE 49 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR R F P PLAN FOR CONSTRUCTION ACTIVITIES Using a phased approach, McCarthy can ensure a quality product being delivered on time while minimizing interruptions to the local communities. Should an event occur that happens to impede progress in one phase, McCarthy can pivot and create progress in another area within the same phase or trove to critical path on a separate phase to adhere to the schedule. Special attention will be taken to take care of the residents' needs especially for the different residential neighborhoods located all along the project and the Elementary Schoci. The neighborhood will be given advanced notice prior to work commencing through the project website and job boards to ensure McCarthy has a minimal negative impact on the area. If driveways are inaccessible, we can ensure there is transport available. Whatever disruption the work causes the homeowners, McCarthy will provide a full faith effort in providing an amicable solution. WORT[ PLANS AND PRE -INSTALLATION MEETINGS Pre -Activity Meetings will be held for new or major items of work including McCarthy field supervision, management personnel, and any applicable subcontractor. This is imperative to create a collaborative work plan with full buy -in from all parties. Work Plan Development will stern from the Pre -Activity Meetings, and will again be a collaborative effort encompassing quality, safety, efficiency, and environmental requirements. Pre -Activity Meetings will he held to present the completed Work Plans to the Owner's representatives, allowing their input and concerns to be addressed and incorporated into a final Work Plan that is executed. MATERIAL TESTING AND INSPECTIONS Verification is essential to our quality program and is one of our Quality foundational Elements. It is important that we implement an ongoing and proactive verification approach to the work before it is accomplished to ensure work is done right the first time. To confirm a quality product, we will contact the city inspectors early and often to ensure that the definition of the city specifications is clear and well established prior to installation. CONTROL OF MATERIALS Control of materials will begin with the generation of a submittal log containing all necessary items. As submittals are approved and materials arrive to the jobsite, they will be checked for compliance. Any items found out of compliance will not be utilized. Materials will be stored on dunnage or in other suitable methods. �'� ��Il:I�I:�:�:I►j3��T:i i� SPECIALIZED SKILLS: TECHNOLOGY TO IMPROVE QUALITY McCarthy has the ability to use technology to the projects' benefit in implementing quality. We have a wide array of technology at our fingertips and as we get into specific plans for the project, we can utilize virtual mock-ups as well as virtual and augmented reality products to communicate on the project and align expectations which allow planning to be most efficient. Drone technology helps Lis see project progress, but also allows us to plan and communicate more effectively, leading to higher quality outcomes. Within the last several years, McCarthy has used laser scanning in order to quickly collect very precise data that allows us to make minor adjustments during a constrLictton operation like concrete placement in lieu of having to make costly corrections afterwards. Our commitment to the quality of the Ray White Road Widening Improvements Project is summed Lip by the very name of McCarthy's quality program, "Quality Without Question." PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP SAFETY Every day at a McCarthy job starts and ends with safety at the forefront. From stfetch-and-flex to completion of THA's (Task Hazard Analysis) with inciusion from each person, the day proceeds on a path geared towards performing tasks in a manner that is safe for the individual actively working, others on the same crew or different crew, visitors, and the traveling public. Throughout the day, stop work authority is granted to anyone who feels that an operation is unsafe. Our Safety standards are not only set for our personnel, but these standards are expected from the whole project team including subcontractors, visitors, on -site inspectors, and any personnel that access the project location. MONITORING Safety, above all else, is the highest priority for the Ray White Road project. McCarthy shares this core value with the city and is determined to ensure the safety and well-being of our craft personnel, as well as city and Engineering staff. our safety program is highly successful, as evidenced by our current Experience Modifier Rate of 0.49, which is significantly below the industry average and brings a direct savings back to the City of Fort Worth. We make sure we are planning for safety on your project every step of the way. Our program will focus on our safety goals which include. • Building each of our projects while pursuing zero injuries and incidents • Having the most highly trained and safest employees in the industry • Eliminating liability risk to our clients, trade partners, and ourselves • Properly using leading and lagging indicators to help predict and protect from potential risk Nicu- artily EM R 0 0 0 0 2018 2019 2020 2021 SAFETY TRAINING Safety Manager Andrew Rhines and Superintendent Alex Velez will be the individuals primarily responsible for safety on the Ray White Road project. They will facilitate weekly safety meetings with field staff and trade partners and ensure all field crews are performing daily Toolbox Talks and Task Hazard Analyses. All employees undergo continuous safety training through new employee orientations, supervisor safety training, OSHA Construction Safety Training, and safety "Toolbox" meetings. Employees are trained in the proper use of personal protective equipment, mobile equipment, tools, as well as emergency procedures. Supervisors participate both as students and instructors during the training sessions, which cover a wide range of job specific topics as it relates to roadway construction. Construction Manager Courtney Kelly and Superintendent Alex Velez will continuously monitor safety by reviewing leading and lagging indicators through safety inspection and incident tracking programs as well as weekly staff participation logs. Comprehensive job site safety inspections occur on a regular basis and will include: • Daily inspections by (lie designated Safety Professional • Weekly inspections and THA participations with written reports by each staff member • Pre -Job Site Planning Checklist • Job Site OSHA/Start-Up Packet • Total Project Supervised Labor Incident Rate Reporting Job Site Housekeeping Plan Unannounced inspections by the Regional Safety Manger (at minimum, monthly) Project Executive monthly safety review PROJECT SAFETY COMPLIANCE & REPORTING Below are some of McCarthy's required procedures on all projects: Monthly Loss Control Reports • Required Project Site Reporting -Weekly "Tool Box Talk" Meetings -Project health and Safety Reports -Assured Grounding Program Log and Equipment Failure Reports 4 4 Mcu,-"arthy Recordable Incident Rate Rk�4nhy kawyvai RH fille 0—m• tl_ ''- = 1 .tnxiien lndu*trj kmwv= PROJECT APPROACH - PAGE 51 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP -First Report of Injury and Supplementary Report of Accident -Subcontractor Incident Rate Calculation Sheet -Competent Person -Project Director Safety Reviews -Task Hazard Analysis [THA) Staff Participation -Tracking Form • Pre -Job Site Planning Checklist • Job Site OSHA/Start-Up Packet • Total Project Supervised Labor Incident Rate Reporting • Job Site Housekeeping Plan Construction Manager Courtney Kelly and Superintendent Alex Velez will continuously monitor safety by reviewing leading and lagging indicators through safety inspection and incident tracking programs as well as weekly staff participation logs. Comprehensive job site safety inspections occur on a regular basis and will include: • Daily inspections by the designated Safety Professional • Weekly inspections and THA participations with written. • Pre -Job Site Planning Checklist • Job Site OSHA/Start-Up Packet • Total Project Supervised Labor Incident Rate Reporting • Job Site Housekeeping Plan SITE -SPECIFIC SAFETY PLAN The safety of the people we will be serving throughout this project, those who reside in the City of Fort Worth and surrounding Ray White Road area, are of the utmost importance for us throughout this project. Planning and creating safe ingress and egress for adjacent businesses, pedestrians, and construction will be a top priority so that the public can continue their normal daily activities in this area safely. We will use clear signage to make sure the public is aware of any barriers, excavation, lane closures, or concrete exposure. COST AND SCHEDULE CONTROL COST CONTROL DURING PRECONSTRUCTION As CMAR specialists, McCarthy always serves as our client's advocate. Our cost control strategies are tailored to produce the most cost- effective projects possible, and we always strive to save money and maximize each dollar for our clients. Our approach centers around clear communication so that all project stakeholders are kept informed. McCarthy has the proven experience and systems to keep the City of Fort Worth well informed of the current and projected budget. Cost control truly begins in preconstruct ion, through the effective use of value analysis and can structability review processes, as previously discussed. Not only are these processes used to assist the design team to advance the project design, but they are also critical for controlling the overall cost and schedule of the project. Expert review of the plans and existing site conditions help to prevent unforeseen costs. McCarthy's preconstruction team, in conjunction with knowledgeable subcontracting partners will look for any uncertain scope items, missing details, and other unknowns. CONTINGENCIES McCarthy's goal for contingencies is to make sure that any unexpected factors such as scope gaps, coordination items, logistics, and escalations are accounted for that were riot reflected in the GMP. In addition, they are to be utilized for aspects that would not be considered as a change order to the CMAR. We try to generate ideas through value engineering and past experiences on the multiple construction projects to improve the project schedule, production, and efficiency. At the same time, we analyze the safety and well-being of all stakeholders (residents, businesses, schools, etc.) Involved with this project whenever any ideas or decisions are being formulated. ALLOWANCES On the current CMAR VOFW Harmon Project, we developed allowances to budget for foreseeable events that would likely occur during construction. McCarthy was aware of the number of new developments happening adjacent to the project and created an allowance to cover cost impacts that would be incurred as a result of changes that would be incorporated to meet their needs. For example, CVS installed a new sign} that change the grade significantly at that location that led to us to install a retaining wall to protect the sign and still be able to install [lie proposed sidewalk at that #ocation. In addition, we had a utility delay allowance, so we are able to work around any franchise utilities that were in conflict to be able to maintain the project schedule. By identifying these allowances in advance, it reduces the need for the City of Fort Worth to request additional funding and approval from city council. PROJECT APPROACH - PAGE 52 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR R F P COST CONTROL The McCarthy team will conduct the accounting procedures for the project on an open book basis, permitting access by the city at any time to review all costs associated with the construction of the project. Contract cost is reported monthly and deals with the current committed cost on the project, as well as anticipated costs, ensuring that all forecasted costs will be included in the reporting system. Subcontract status reports are prepared monthly and present the status of each subcontract in terms of original contract amount, approved changes, billings to date, current billing for the month, and retainage. Our pay applications are prepared onsite to facilitate accuracy. Our onsite Construction Manager, Courtney Kelly, will review all subcontractor invoices in person with the subcontractor's designated representative to verify that the invoice is correct. CHANGE ORDER MANAGEMENT PROCESS Another important cost control item is to minimize additive change orders. This is typically accomplished through good preconstruction services and thorough constructability reviews. However, if a change order is necessary, our approach to controlling change orders and substitutions is first to understand the scope of the change or substitution in detail, who initiated it (i.e.. City of Fort Worth, Burns & McDonnell, McCarthy, Field Condition - RFQ, and the reasoning behind the request. OWNER -INITIATED CHANGE ORDERS Once we have validated the change order request, McCarthy will obtain pricing from each affected subcontractor. Once detailed pricing is received from the affected subcontractors and suppliers, the McCarthy field staff will challenge the specific elements of the direct costs and test them, utilizing our in-house estimating cost data as a comparison. McCarthy's f eld staff relies heavily on our computer +zed records of construction costs. This current price information, obtained from actual bid results from relevant projects, is used in our estimates of the work. We feel that McCarthy's extensive records of roadway construction costs and the ability to accurately predict costs are unsurpassed. Armed with the knowledge of the change ai substfttition along with current pricing information, McCarthy will meet with the affected subcontractors and negotiate a fair cost for the work. The continuous communication philosophy that we implement for any change order will be applied to owner -initiated change orders. We will communicate with the project team throughout the process on how this change will affect the project and try to mitigate any unnecessary cost. The project team are partners, and we will review these change orders together to streamline them efficiently to avoid any confusion during the process. SCHEDULE CONTROL McCarthy will utilize proven project management and scheduling techniques to keep the Ray White Road Widening Improvements Project on schedule. Our Project Manager, David Wallace, will coordinate all McCarthy scheduling activities throughout preconstruction with the help of our in-house scheduling team. As the Protect transitions to the field, ConStitiCtlon Manager Courtney Kelly will take on the primary responsibility of maintaining and updating the various project construction schedules. SCHEDULE MANAGEMENT McCarthy keeps the project running on time through enforcement of our master construction schedule. The construction schedule will include start and finish dates for procurement and construction activities, major milestones, and schedule of values. On a weekly basis, the field staff will meet with the superintendent for each subcontractor to update the schedule. The constant communication with the different subcontractors to update the schedule will allow the subcontractots to get more engaged, increase accountability and ownership, make sure the schedule is maintained, and identify opportunities. Updating the schedule on a weekly basis will allow us to manage the schedule more efficiently, recognize opportunities early, and mitigate potential risks early. The schedule consists of several parts including detailed critical path networks, a bar chart for subcontractors, and a monthly narrative update report. McCarthy is committed to continually progressing the work, so stakeholders are not impacted any longer than necessary or left wondering where the workers are. Schedule updates witl be communicated to the City of Fort. Worth in the weekly meetings and an official progress report will submitted on a monthly basis. SCHEDULING TOOLS We utilize the Primavera Project Planner (P5) Software program to develop our project schedules. Project Superintendent Alex Velez will utilize the PG schedule to develop detailed three and six -week lookahead schedules that will incorporate weekly updates from Subcontractors. MONITORING AND UPDATING THE SCHEDULE McCarthy will develop and maintain a resource loaded project schedule that incorporates all the activities of the project team. We will continuously add information and update the schedule throughout the project period. The project schedule will be displayed by McCarthy in the following formats: • Preliminary design and construction schedule • Milestone schedule • Master construction schedule • Critical Path schedule • Short-term schedules (three- and six -week lookahead) • Weather Impacts Throughout construction, the CPM Schedule will be updated weekly at the jobsite to serve as a planning and monitoring toot for out Project Manager, and fieid staff to use in managing the project. McCarthy also hosts weekly schedule meetings at the jobsite with subcontractors to communicate progress, current status, and possible recovery tactics should schedule slippage begin to occur. The constant communication with the Project's subcontractors to update the schedule will allow the subcontractors to get more PROJECT APPROACH - PAGE 53 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPROVEMENTS PROJECT CPN 103270 CMAR RFP engagers, increase accountability and ownership, make sure the schedule is maintained, and identify opportunities. A monthly schedule update report will be provided to the city detailing the progress of coastructica. The short-term schedules will be shared at weekly progress meetings with the City and Bums & McDonnell, and are used to communicate to all trade subcontractors, foremen, and craftsmen the construction activities that must be accomplished during the following three-week period. Updating the schedule on a weekly basis will allow us to manage the schedule more efficiently, recognize opportunities early, and mitigate potential risks early. The schedule consists of several parts including detailed critical path networks, a bar chart for subcontractors, and a monthly nafrative update report. McCarthy is committed to continually progressing [tie work, so stakeholders are not impacted any longer than necessary or left wondering where the workers are. McCarthy will generate a weather impact lag that will track all weather days throughout the construction life cycle of the project and how each weather day has affected the project. This tool will be shared with the City of Fort Worth to allow for open collaboration between the project team. McCarthy uses this tool to anticipate any potential future delays and/or risks and generate proactive solutions to avoid these future delays and/or risks. STARTING THE PROJECT EARLY McCarthy is exploring ways that we can start construction of the project sooner than the projected 2025 indicated at the prebid meeting. For starters, we are very familiar with the City of Fort Worth CMAR contract and can quickly move through negotiations to get started an Preconstruction Services. Secondly, McCarthy Mapping can begin immediately to start SUE Level A activities to fully identify all the existing utilities in the area of construction. This will allow us to identify areas early on that d❑ not have franchise utility conflicts that could begin construction early. Third, we have proposed some ideas above that include building portions of the project in the areas that do not require ROW acquisitions. We have also shared ideas that could reduce the amount of ROW required, thereby potentially expediting the purchase of said ROW. Next, we will evaluate opportunities for early works packages, one such being the storm drainage in the open ditch areas that will be covered up with the additional lanes. These areas appear to have scoured below the flow line of the adjacent box culverts, which indicates that there are no utilities crossing or impacting where the storm drainage will be installed. The southbound lanes f►om the bridge to the roundabout appears to not have any ROW or utility impacts. We do not currently have the franchise utility information rn this area, but it appears Ilia the storm drainage and lighting was installed previously in a way that will not be impacted by the additional two lanes. Finally, we will identify whether a GMP can be detivered at a level of design less than 90°/a. This will be determined based on complexity of remaining design, and could be phased into multiple GMP's. Recently, McCarthy was able to bid out the work packages far a City of Denton CMAR project, based on 50'yo design documents. The 90% documents were completed within the bidding window and were released as an addendum, which cut several weeks from the preconstruction schedule. 5imilat to this project, we were brought in early on in the design phase and had a comfort level with the completeness of the design and the path toward completion that allowed us to adequately scope and bid the work packages with a high level of confidence. This requires transparency and quick decision malting by all parties. After reviewing the released details of the project, we foresee the construction work taking approximately 12 months if there are no HOW or utility delays. Considerations will be included in that timeline for weather, minimizing impacts to the surrounding school, church, and homes, phasing requirements, etc. The projected ROW (Dee 2024) and franchise utility relocates (July 2025) certainly need to be accounted for. It may not make sense for the contractor or the residents to begin impacting the roadway well in advance of those dates. Mobilizing too early and then waiting will increase GC cost and frustrate the tfaveling public, so heavy coordination of the schedule will he required. Please sea pg. 55 for a Phasing Plan that McCarthy has developed for City of Fort Worth Ray White Road project. We are looking forward to understanding schedule constraints and producing creative solutions to any problems that may arise, just as we have done with the City of Fort Worth throughout both the Hemphill Connector and Harman Road projects. PROJECT APPROACH - PAGE 54 PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAR WillNG IAIPROVEMEWS PROJECT CpH 1032T0 CMAR r r -- I RAY WHITE R❑ SCHEMATIC PHASING PLAN I J/ F I �- •+1V �.E. +a Pc.rw ii r PMAW �lryF trpnlWfE co • rca wWn,4-1 !low an...+c svo�enV1"�A+r•4pF.Y+� r�l preayp im 5amvrr.H l� wn wr asv KWr Wf a HEEYE �M o....w F. Re * MISMS' ,�-, . �® SAE•, �®� wtiw SA i V.1Jr� be q�. C+ri.+nry p.Ni 4 WF.yana W Pway }! �.r rr lyr �pwYAr1 i�� KM� Rp r I`� �w� GtnT w cn a Rw,E li v+..n+arm. Jana•.. 1 A. a td 4....� � Ck--0[ TIftn Ay Ve Pow rwsrr T--;w a am PRw : r Faa R.r v.+w ���Ca+r�s oMu r,.�n.wrFts rr,A Py 3-0 Ew Rh 1N R " WM a/t'. FYI+ Re nnrf cw wrvnww kere�ee.�rb,Aa�+r.s>.r�' x-+n �fyr�� �iti.ia •y Vµr�wr. PROJECT APPROACH • PAGE 55 W L) Z Z W — = In cc _ W L3 W Z cn cn W J CL Z_ V C� PROPOSAL FOR CITY OF FORT WORTH - RAY WHITE ROAD WIDENING IMPRQVEMCNTS PROJECT CPN 103270 CMAR RFP 7. COMPLIANCE WITH THE BUSINESS EQUITY ORDINANCE DIVERSE BUSINESS EQUITY GOAL As a team with strong community ties and a vested interest in the growth and development of the local subcontractor market, McCarthy is committed to not only meeting, but exceeding, the 15°/, Business Equity goal for construction phase services. This commitment is underscored by our established track record of meeting and exceeding MWBE goals on similar projects for the City of Fort Worth. PRELIMINARY UTILIZATION PLAN Our regional Director of Diversity and Community Outreach, Adrienne Williams, will lead our outreach and utilization strategy, working closely with our preconstfuction and project management teams. Based on the project needs, we will work to create procurement opportunities within the following trades: • Aggregrate Supply Asphalt Paving • Concrete Flatwork Demolition • Rebar Supply and installation • Trucking • Erosion Control • Landscaping To generate robust community support and engagement in the project, our Diversity Inclusion and Community Outreach team will host trade -targeted outreach events. The primary objective is to ensure local MWBE certified firms are prepared to successfully bid on project oppoftunities. To ensure firms are prepared to bid, the team will structure work packages in amanner that encourages participation with MWBE firms. McCarthy will also develop plans to engage more Firms beyond the first tiet, in effort to achieve the participation goal of this project. McCarthy will develop bid lists that include firms from the City of Fort WoOh's Department of Diversity and inclusion fisting of certified Business Equity firms, which was received on June 24, 2022. Alter sourcing is completed, we will fully document our process for securing subcontractors. As a best practice, we provide at least three weeks' notice of opportunities and meetings. Building Connected, our bid management system, allows us to electronically post documents, send bid invitations, and provide key notifications to subcontractors and suppliers. The simple user interface allows us to quickly respond to questions or post new information. Additionally, Building Connected allows us to maintain communication logs through its platform. Lastly, we will assist firms with understanding the Business Equity goal and project requirements, as well as provide insurance/bonding assistance, and other critical small business details. COFW Harmon Road 11 % 12% COFW Village Creek 20'% 22% COFW Hemphill Connector 15% 16% EDUCATION AND TRAINING McCarthy is committed to capacity building of minority and women -owned businesses. Our National McCarthy Partner Development program is a 10-month interactive class series that focuses on optimizing the core business skills of program participants. The prograrn is designed to deepen relationships between our McCarthy team and trade partners, and position participants to better engage in all of McCarthy's overall procurement opportunities, Courses are taught by McCarthy industry experts and cover the project life cycle from business development to project closeout. PARTNERING WITH KEY ORGANIZATIONS AND STAKEHOLDERS A few of the key organizations we partner with will include • Fart Worth Metropolitan Black Chamber of Commerce • Fort Worth Hispanic Chamber of Commerce Regional Black Contractors Association • Regional Hispanic Contractors Association • Dallas Fort Worth Minority Supplier Development Council • National Association of Minority Contractors • Women's Business Council Southwest COMPLIANCE / REPORTING During the construction phase we will continue our project - specific strategy to meet or exceed the project goals and track our performance. Our compliance initiatives include-. • Providing detailed progress reports of MWBE partic+pat+on and success to key stakeholders • Regular contractor meetings to keep firms. updated on project coordination and progress. This meeting also serves as a venue for MWBE businesses to voice any concerns of issues. • Monitoring and verifying contract commitments as well as contractor performance to ensure businesses are being utilized on the project and are performing successfully at multi -tier levels. • McCarthy will comply with tracking participation using the City's Diversity Management System. COMPLIANCE WITH THE BUSINESS EQUITY ORDINANCE - PAGE 56 co b m z CD 8. APPENDIX - RESUMES CAREER SUMMARY 19 TOTAL YEARS EXPERIENCE DAVID WALLACE, P.E. PROJECT MANAGER Gave will lead this project from the very beginning to the very end as the project manager and will be the main point of contact for the City of Fort Worth and the design team. He will provide leadership to the constructions team, attend monthly owner meetings with Fort Worth, and be ultimately accountable to the City for McCarthy's performance on the project. During preconstruction, he will utilize his Fort Worth CMAR experience to ensure the preconstruction team stays on schedule, delivers timely and accurate estimates, engages the subcontracting community, and is responsive to the City of Fort Worth. RELEVANT PROJECT EXPERIENCE Harmon Road FORT WORTH, Tx This $22 million CMAR project includes preconstruction and construction to expand Harmon Road from two lanes to four, increasing the ease of traffic between 287 and 35W in Fort Worth. The project includes concrete paving, traffic controls, drainage and waterline, and earthwork. Denton SED-B EDUCATION ❑ENTON, TX This $21 million CMAR project is a part of the City of Denton's focus oil rebuilding existing CIVIL ENGINEERING streets. Reconstruction consists of asphalt paving, earthwork, subgrade stabilization, UNIVERSITY OF iLLf NO€S waterline, and sanitary sewer. This project includes sidewalks and traffic controls, all which are being communicated with the city of Denton to ensure the least amount of disruption for the commuters, surrounding businesses, and residents. PROJECT QUOTE "I took forward to continuing to build our strong relationship with the City of Hemphill Street Connector Fort Worth, helping to deliver critical FORT WORTH, TX infrastructure projects to the rapidly This $30 million CMAR project consists of preconstruction and construction of a new growing communities in the area." underpass. The project includes a four -lane major arterial street comprised of four 12-fDot lanes, median and wide sidewalks/bike lanes, railroad bridge, retaining walls, streetlights, traffic signals, drainage improvements, landscaping, and irrigation. Fort Worth Village Creek Peak Flow Storage ARLINGTON, TX This $26 million CMAR project involved preconstruction services and the construction of two large, earthen storage basins, a 7,000-linear-foot 84-inch diameter pipeline, modifications to a junction structure and existing high rate clarifier facility [HRC] pump station, and five concrete flow control structures, at the city's largest wastewater plant. Dan Ryan Red Line Track Renewal CHICAGO, IL This S220 million project included the complete replacement of 10 miles of IIg[it rail trackwork, drainage, and a signal system, all of which was completed in a 152-day shutdown. JEROMY SHAW VICE PRESIDENT, ESTIMATING Jefomy Shaw will provide oversight for McCarthy's preconstruction services. He brings extensive road and bridge preconstruction experience to this assignment. Currently, Seromy is leading the civil preconstruction department and will be providing leadership throughout the preconstruction process. He will also be responsible for staffing the preconstruction phase of this project, ensuring that the best talent is assigned to this job. RELEVANT PROJECT EXPERIENCE Harmon Road FORT WORTH. Tx This $22 million CMAR project includes preconstruction and construction to expand Harmon Road from two lanes to four, increasing the ease of traffic between 287 and 35W in Fort Worth. The project includes concrete paving, traffic controls, drainage and waterline, and earthwork. CAREER SUMMARY 24 TOTAL YEARS EXPERIENCE Hemphill Street Connector FORT WORTH, TX This $30 million project consists of preconstruction and construction of a new underpass. The EDUCATION project includes a four -lane major arterial street comprised of four 12-foot lanes, median and CIVIL ENGINEERING wide sidewalks/bike lanes, railroad bridge, retaining walls, streetlights, traffic signals, drainage TEXAS A&M UNIVERSITY improvements, landscaping, and irrigation. Fort Worth Village Creek Peak Flow Storage ARLINGTON, TX PROJECT eThing I an) in "The thing I am rnos[proud of regarding This $26 million CMAR project involved preconstruction services and the construction of two Road is that its completion in Harmon2023 large, earthen storage basins, a 7,000-linear-foot 84-inch diameter pipeline, modifications 70Z3 will rnark a l i will to a ju€lctian structure and existing high rate clarifier facility (HRC) pump station, and five of Fort Wo vela;ionshe with the City ail he City r Worth. concrete flow control structures, at the city's largest wastewater plant, located in north o t7ur goal here at McCarthy is to repeat Arlington, Texas - Village Creek Water Reclamation Facility (VCWRF). another decade with this crusted SH 45 Southwest par -trier " BUDA, TX This 980 million project is a four lane toll road approximately 3.6 miles long and located around very sensitive environmental areas including the Edwards Aquifer Recharge Zone. The project was adjacent to a residential neighborhood where the construction team coordinated with the local Home Owners Associate (HOA) in advance to notify residents of major changes through their social media. SH 71 Express Lanes AUSTIN, TX This $96 million design -build project included construction of four mites of one toll lane in each direction on Highway 71 from Presidential Boulevard (the main entrance to the airport) to SH 130. The scope of this project also included construction of a bridge over SH 130 with ramps connecting the toll lanes and SH 130, reconstructing and realigning the intersection of Highway 71 and FM 973, and widening Highway 71. CAREER SUMMARY 10 TOTAL YEARS EXPERIENCE EDUCATION M.B.A. LAMAR UNIVERSITY M.S. Civil Engineering Southern Methodist University B.S. Civil Engineering & B3 S. Math Southern Methodist University PROJECT QUOTE "I am ready to partner with the City of Forth Worth to make this project a long-term success for the community." CUURTNEY KELLY, P.E. CONSTRUCTION MANAGER Courtney will be active in the preconstructlon process and will lead site logistics, construction planning, and con structability review efforts. She will develop bid packages, front end documents and ensure no scope gaps are present, and then facilitate the competitive bidding of the various elements of the work. Her involvement in preconstruction will facilitate a smooth transition to the construction phase. During construction. Courtney will assist in negotiation and buy -ou€ of subcontracts and purchase orders, finalizing the master construction schedule and coordinating subcontractor activities and manpower requirements. She will also have responsibility for final review and approval of schedule of values, monthly pay requests, change proposal requests, and overall accounting of the project. RELEVANT PROJECT EXPERIENCE Denton SED-B DENTON,TX This S21 million CMAR project is a part of the City of Denton's focus on rebuilding existing streets. Reconstruction consists of asphalt paving, earthwork, subgrade stabilization, waterline, and sanitary sewer. This project includes sidewalks and traffit controls, all which are being communicated with the city of Denton to ensure the least amount of disruption for the commuters, surrounding businesses, and residents. Southwest Consolidated Campus Roads & Utilities PH I (DFW Airport) DFW AIRPORT, Tx This $28 million installation project entailed widening and lengthening the entrance road on the south side of the airport and connecting it with Southwest Construction Road. This project included street lighting and two signaled intersections as well as over 14,000 LF of sanitary sewer; 6,000 LF of reclaimed water; 8,000 LF of domestic water; and 5,500 LF of storm sewer. New and relocated utilities reached up to 35 feet in depth. US 75 Spring Creek Parkway to SH 121 (TxDOT) DALLAS,TX This 6.97-mile highway and bridge widening project from Spring Creek Parkway to SH 121 increased frontage road and mainline traffic capacity on US 75. Achieving this required widening of the freeway from 6 lanes to 8 lanes and widening of 10 multi -span concrete bridges. Twenty-two mechanically stabilized earth or soil nail retaining walls were built and 50,000 LF of storm sewer was installed. Lake Sharon Roadway Improvements CORINTH, TX A $5 million 3,000-foot street extension project creating a 0.59 mile four -lane divided concrete roadway with associated drainage and water line improvements to connect Lake Sharon Drive from Oakmont Drive to FM 2499. CAREER SUMMARY 15 total years experience EDUCATION Civil Engineering The University of Texas, El Paso PROJECT QUOTE 1 truly enjoy leading alternative delivery pursuits on infrastructure projects. From Hemphill to Harmon for the City of Fort Worth, and new clients such as the City of Oenton, I strive to deliver collaborative and enjoyable design phase services to the entire project ream " COLLEEN MARTINDALE PRECONSTRUCTION DIRECTOR Colleen Martindale will oversee the development of all project cost estimates and other preconstruction deliverables. She will develop our initial budget and cost model and lead the development of the GMP for the project. Additionally, Colleen will lead the day-to-day estimating activities during the preconstruction phase. RELEVANT PROJECT EXPERIENCE Harmon Road FORT WORTH, TX This $22 million CMAR project includes preconstruction and construction to expand Harmon Road from two lanes to four, increasing the ease of traffic between 287 and 35W in Fort Worth. The project includes concrete paving, traffic controls, drainage and waterline, and earthwork. Denton SED-B QENTON, TX This $21 million CMAR project is a part of the City of Denton's focus on rebuilding existing streets. Reconstruction consists of asphalt paving, earthwork, subgrade stabdi2ation, waterline, and sanitary sewer. This project includes sidewalks and traffic controls, all which are being communicated with the city of Renton to ensure the least amount of disruption for the commuters, surrounding businesses, and residents. Hemphill Street Connector FORT WORTH. TX This $30 million CMAR project consists of preconstruction and construction of a new underpass. The project includes a four -lane major arterial street comprised of four i 2-Foot lanes, median and wide sidewalks/bike lanes, railroad bridge, retaining walls, streetlights, traffic signals, drainage improvements, landscaping, and irrigation. Texas A&M Wellborn Road Underpass COLLEGE STATION, TX This $25 million project consisted of two 2-lane vehicular roadways and two 30 foot wide pedestrian pathways. The grade separation consisted of new 70- to 80-foot structures to carry Wellborn Road and the Union Pacific railroad tracks over the roadways and walkways. This project features a high visibility roundabout at the entrance to Texas A&M's campus. McCarthy implemented extensive traffic control throughout this project, keeping both vehicular and pedestrian traffic moving safely. Southwest Airlines Houston Hobby Maintenance Hangar HOUSTON,TX This CMAR project is a new hangar at William P. Hobby International Airport, built to support South west's new fleet of 737-MAX 800 aircrafis. Colleen's responsibilities on this job included handling the self -performed earthwork, paving, and site utilities packages. The site utilities packages included tie-ins to, and coordination with the City of Houston utilities. ALEX VELEZ PROJECT SUPERINTENDENT As the project superintendent, Alex Velez will have oversight of all construction activities. in this role, he will coordinate schedule, and inspect the work of the various subcontractors and any self -perform labor. His emphasis is managing the construction work and coordinating with the City inspector and 3rd party testing firms. Alex will be responsible for implementing the Safety Program, and will conduct on -site safety meetings, task hazard analysis, toolbox safety meetings, and all onsite safety training. RELEVANT PROJECT EXPERIENCE Harmon Road FORT WORTH, TX This $22 million CMAR project includes preconstruction and construction to expand Harmon Road from two lanes to four, increasing the ease of traffic between 287 and 35W in Fort Worth. The project includes concrete paving, traffic controls, drainage and waterline, and earthwork. CAREER SUMMARY 5 total years experience Hemphill Street Connector FORT WORTH, TX This $30 million CMAR project consists of preconstruction and construction of a new EDUCATION underpass. The project includes a four -lane major arterial street comprised of four 12-foot Civil Engineering lanes, median and wide sidewalks/bike lanes, railroad bridge, retaining walls, streetlights, Texas A&M University traffic signals, drainage improvements, landscaping, and irrigation. PROJECT QUOTE "There has been a fantastic collaboration effort between the City of Fort Worth, Engineer of Record, and McCarthy throughout the life of the Harmon Road project. Working with the community has been paramount ro the success of the project, especially when we had to re -phase the schedule to eliminate delays. Overall, the Harmon Road project has been a challenging yet rewarding project to be a part of and its success is a direct result of the close collaboration between the City and McCarthy, a partnership 1 look forward to deepening during this new Hay White Road project. " Fort Worth Village Creek Peak Flow Storage ARLINGTON, TX This $26 million CMAR project involved preconstruction services and the construction of two large, earthen storage basins, a 7,000-linear-foot 84-inch diameter pipeline, modifications to a junction structure and existing high rate clarifier facility (HRC) pump station, and five concrete ftow control structures, at the city's largest wastewater plant. DFW Airport - Reconstruct 24th Avenue DFW AIRPORT. TX This $1.6 million project consisted of reconstructing and widening 24th Avenue at Dallas/Fort Worth Airport, as well as adding a left turn lane to Rental Car Drive. This project also extended Innovation Drive to 24th Avenue and reconstructed a portion of the intersection of Global Drive and 24th Avenue. Specific work included clearing and grubbing, paving, installation of lighting and stormwater collection systems, installation of sidewalks, landscaping, a bus shelter, pavement striping, and signage. RICARDO MORALES ESTIMATING MANAGER Ricardo will be committed 100%to the project during preconstruction and will assist Colleen in the day-to-day estimating activities. He has 24 years of experience in construction and will be involved in takeoff, pricing, value analysis, constructability reviews, and subcontractor engagement throughout the preconstruction phase. RELEVANT PROJECT EXPERIENCE SH 71 Express Lanes AUSTIN. Tx This $96 million design -build project included construction of four miles of one toll lane in each direction on Highway 71 from Presidential Boulevard (the main entrance to the airport) to SH 130. The scope of this project also included construction of a bridge over SH 130 with ramps connecting the toll lanes and SH 130, reconstructing and realigning the intersection of Highway 71 and FM 973, and widening Highway 71. CAREER SUMMARY 24 total years experience DFW Airport - Reconstruct 24th Avenue DFW AIRPORT, TX This $1.6 million project consisted of reconstructing and widening 24th Avenue at Dallas/Fort EDUCATION Worth Airport, as well as adding a left turn lane to dental Car Drive. This project also extended Civil Engineering Innovation Drive to 24th Avenue and reconstructed a portion of the intersection of Global Drive Texas A&M University and 24th Avenue. Specific work included clearing and grubbing, paving, installation of lighting and stormwater collection systems, installation of sidewalks, landscaping, a bus shelter, pavement striping, and signage. PROJECT QUOTE "During rny2,2year career in DFW Airport - Taxiway and Bridge Reinforcement operations, I was lucky enough to be DFW AIRPORT, TX involved ki and manage projects with This $12 million project consisted of reinforcing the existing taxiway bridge at the Dallas/ heavy civil components and bridge Fort Worth International Airport. This projected included the removal of a preexisting concrete structures. In my current role, I am deck and replacing it with a new concrete deck. The project required girder reinforcement as managing preconstruction design well as column and pier modifications. Throughout this project, McCarthy stayed in constant phases for earthwork projects. I communication with the Airport to ensure all road closures and blockages were made away look forward to opportunities where from employees and travelers alike. I can share my bridge and design management experience of civil projects." interstate Highway 10/Interstate Highway 410 at Bexar County SAN ANTONIO, TX This S49.5 million project consisted of a reconstruction of the existing interchange Between IH10 and IH4i 0 to provide a safe passage through downtown San Antonio. The project includes seven flyover typre bridges and 19 permanent walls. The permanent walls are a mixture of cut and fill walls, as welt as three temporary walls. FAH1111011miffikUnk Iwo MIN QUALITY DIRECTOR As the quality director, Andrew will provide our team with guidance and direction regarding quality. During preconstruction, he will work with our project team to develop and implement the Site Specific Quality Plan for the project. He will maintain overall responsibility for implementing McCarthy's "Quality without Question" initiative and will facilitate formal partnering sessions throughout the project. Harmon Road FORT WORTH, TX - $22 MILLION Hemphill Street Connector FORT WORTH, TX - $30 MILLION City of Fort Worth Village Creek Peak Flow Storage ARLINGTON, TX - $26 MILLION SH 71 Express Lanes AUSTIN, TX - $96 MILLION ADRIENNE WILLIAMS DIRECTOR OF DIVERSITY AND COMMUNITY OUTREACH Adrienne will least the MWBE Diversity Outreach and compliance efforts for this project. Working in concert with Colleen during preconstruction she wiil develop and execute a comprehensive subcontracting and community engagement plan. Throughout the preconstructioil phase all good faits► effort measures will be tracked and available for review. During the construction phase, Adrienne will provide oversight of the teams compliance effort and will serve as the key point of contact for the City's Office of Business Diversity. Horseshoe Project DALLAS, TX - $798 MILLION ❑FW Connector IRVING, TX - $1.02 BILLION ANDREW RHINES SAFETY MANAGER Andrew will serve as the safety manager for this Project. He spends a considerable amount of time on each of his jobsites to ensure McCarthy's safety program is fully implemented and adhered to by both our own employees as well as our subcontractors. During preconstruction, Andrew will be involved with the construction planning activities to assist the field staff in configuring the jobsite with the safest methods possible. During construction, Andrew will visit the site on a regular basis to ensure the safety of the entire staff on the job. Houston Waterworks Team -Central Plant HOUSTON. TX - $250 MILLION Hartsfield-Jackson Atlanta Internation Airport- Central Passenger Terminal ATLANTA, GA - $278 MILLION RWE Bright Arrow 395MW Solar SULPHUR SPRINGS, TX - $183 MILLION CORE SCIENTIFIC DENTON PHASE 1 DENTON, TX - $80 MILLION ATTACHMENT C Standard General Conditions for a CMAR Contract CMAR -- Ray White Road Widening Improvements City Project No. 103270 Agrevment Farm 03/02/22 STANDARD GENERAL CONDITIONS FOR A CMAR AGREEMENT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS FOR CMAR PROJECTS Page 1 of 67 Revised May 2022 103270 Ray White Road Widening Improvements STANDARD GENERAL CONDITIONS OF A CMAR AGREEMENT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology...........................................................................................................6 1.01 Defined Terms................................................................................................................................6 1.02 Terminology.................................................................................................................................12 Article2 — Preliminary Matters........................................................................................................................13 2.01 Copies of Documents........................................................................................................................13 2.02 Commencement of Contract Time; Notice to Proceed................................................................13 2.03 Starting the Work...............................................................................................................................13 2.04 Before Starting Construction, Baseline Schedules......................................................................14 2.05 Preconstruction Conference.........................................................................................................14 2.06 Public Meeting..............................................................................................................................14 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................14 3.01 Intent.............................................................................................................................................14 3.02 Reference Standards.....................................................................................................................15 3.03 Reporting and Resolving Discrepancies,.... ........................................................................... -....15 3.04 Amending and Supplementing Contract Documents................................................................. 16 3.05 Reuse of Documents..........................................................................................................................16 3.06 Electronic Data.............................................................................................................................16 Article 4 -- Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; ReferencePoints.............................................................................................................................17 4.01 Availability of Lands....................................................................................................................17 4.02 Subsurface and Physical Conditions................................................................................................17 4.03 Differing Subsurface or Physical Conditions..............................................................................1 S 4.04 Underground Facilities.................................................................................................................19 4.05 Reference Points...........................................................................................................................20 4.06 Hazardous Environmental Condition at Site................................................................................20 Article 5 — indemnity, Bonds and Insurance.....................................................................................................21 5.01 indenu tificatian...........................................................................................................................................................................21 5.02 Bonds............................................................................................................................................22 5.03 Certificates of Insurance...............................................................................................................23 5.04 Categories of Insurance.......................................................................................................... 24 5.05 Insurance Requirements........................................................................................................ 25 5.06 Acceptance of Bonds and Insurance; Option to Replace................................................................ 27 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 2 of Si Reviscd May 2022 103270 Ray White Road Widening improvements Article 6 - CMAR's Responsibilities.............................................................................................................. 27 6.01 Supervision and Superintendence............................................................................................... 27 6.02 Labor; Working Hours................................................................................................................ 28 6.03 Solicitation of Construction- Phase Work..............................................................................28 6.04 Service, Material and Equipment...........................................................................................29 6.05 Project Schedule.....................................................................................................................29 6.06 Substitutes and "Or Equals"...................................................................................................30 6.07 Concerning Subcontractors, Suppliers, and Others................................................................32 6.08 Wage Rates.............................................................................................................................33 6.09 Patent Fees and Royalties........................................................................................................... 34 6.10 Permits and Utilities.....................................................................................................................35 6.11 Laws and Regulations..................................................................................................................35 6.12 Taxes.............................................................................................................................................36 6.13 Use of Site and Other Areas........................................................................................................ 36 6.14 Record Documents.......................................................................................................................37 6.15 Safety and Protection....................................................................................................................37 6.16 Safety Representative...................................................................................................................38 6.17 Hazard Communication Programs.............................................................................................. 38 6.18 Emergencies and/or Rectification............................................................................................... 38 6.19 Submittals and Samples.........................................................................................39 6.20 Continuing the Work.........................................................................................................................40 6.21 CMAR's General Warranty and Guarantee................................................................................ 40 6.22 Additional Professional Design Services.....................................................................................41 6.23 Right to Audit...............................................................................................................................42 6.24 Nondiscrimination........................................................................................................................42 Article 7 - Other Work at the Site....................................................................................................................42 7.01 Related Work at Site.................................................................................................................... 42 7.02 Coordination ................................... 43 .............................................................................................. Article 8 -- City's Responsibilities....................................................................................................................43 8.01 Communications to CMAR........................................................................................................ 43 8.02 Furnish Data.................................................................................................................................43 8.03 Pay When Due..............................................................................................................................44 8.04 Change Orders................................................................................... ...................................... 44 8.05 Inspections, Tests, and Approvals............................................................................................... 44 8.06 Limitations on City's Responsibilities........................................................................................ 44 8.07 Undisclosed Hazardous Environmental Condition......................................................................44 Article 9 - City's Observation Status During Construction............................................................................ 44 9.01 City's Project Representative...................................................................................................... 44 9.02 Visits to Site..................................................................................................................................45 9.03 Authorized Variations in Work........................................................................................................45 9.04 Rejecting Defective Work............................................................................................................45 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 3 of 67 Revised May 2022 103270 Ray White Road Widening Improvements 9.05 Determinations for Work Performed........................................................................................ ...45 9.06 Decisions on Requirements of Contract Documents and Acceptahilityof Work ................... 45 Article 10 — Changes in the Work; Claims; Extra Work .....................................................................................46 1001 Authorized Changes in the Work.....................................................................................................46 10.02 Unauthorized Changes in the Work.................................................................................................46 10.03 Execution of Change Orders ........................................................................................................46 10.04 Extra Work.........................................................................................................................................46 10.05 Notification to Surety...................................................................................................................47 1006 Contract Claims Process...............................................................................................................47 Article 11 -- Cost of the Work; Allowances; Unit Price Work....................................................................... 48 1101 Cost of the Work...............................................................................................................................48 1102 Allowances/Contingency.......................................................................................................54 11 C 3 Unit Price Work................................................................................................................................. 54 1104 Additional Compensation.......................................................................................................55 Article 12 — CMAR's Fee, Change of Contract Price; Change of Contract Time, Delays ........................ 55 12.01 CMAR's Fee.......................................................................................................................... 55 12.02 Change of GMP.............................................................................................................55 12.03 Change of Contract Time....................................................................................................... 56 1204 Delays........................................................................................................................................56 Article 13 — Tests and Inspections; Correction, Removal or Acceptance ofDefective Work ........................ 57 13-01 Notice of Defects..........................................................................................................................57 1302 Access to Work.................................................................................................................................57 13.03 Tests and Inspections.................................................................................................................- 57 13.04 Uncovering Work.........................................................................................................................58 13.05 City May Stop the Work...................................................................................................................58 13.06 Correction or Removal of Defective Work.....................................................................................59 1307 Correction Period.........................................................................................................................59 13.08 Acceptance of Defective Work............................................................................................... 60 1309 City May Correct Defective Work...................................................................................................60 Article 14 — Payments to CMARand Completion ....................... ........ 61 1401 Schedule of Values ................................................... .............................................................. 61 14.02 Progress Payments.............................................................................................................................61 1403 CMAR's Warranty of Title ..................................................... .................................................... 63 1404 Partial Utilization...............................................................................................................................63 14.05 Final inspection............................................................................................................................64 1406 Final Acceptance..........................................................................................................................64 1407 Final Payment...............................................................................................................................64 14.08 Final Completion Delayed and Partial Retainage Release......................................................... 65 14.09 Waiver of Claims.........................................................................................................................65 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 4 of G7 Revised May 2022 103270 Ray White Road Widening Improvements Article 15 — Suspension of Work and Termination..............................................................................................66 15A1City May Suspend Work..................................................................................................................66 15A2 City May Terminate for Cause....................................................................................................66 15.03 City May Terminate For Convenience........................................................................................68 Article 16 —Dispute Resolution........................................................................................................................70 Methodsand Procedures.....................................................................................................................70 Article17 — Miscellaneous...............................................................................................................................70 17.01 Giving Notice............................................................................................................................... 70 1702 Computation of Times.................................................................................................................71 17-13 Cumulative Remedies..................................................................................................................71 17.04 Survival of Obligations................................................................................................................71 1705 Headings ....................................... ___ ........................................................................................ 71 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 5 of G7 Revised May 2022 103270 Ray White Road Widening Improvements 1.01 Defined Terms Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed- defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms_ 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument memorializing the understanding between City and CMAR covering the Work. 3. allowance Item - The Allowance Item value includes the direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item. All other costs, CMAR's overaii project management and general conditions costs, are deemed to be included in the original Contract Price, and are not subject to adjustment notwithstanding the actual amount of the Allowance Item. 4. Application far Payment —The form acceptable to City which is to be used by CMAR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 5. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 6. Award— Authorization by the City Council for the City to enter into an Agreement. 7. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 8. Bidder —The individual or entity who submits a Bid directly to CMAR. CMAR may be a Bidder should it seek to self -perform portions of the Work. 9. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). la. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 11. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 12. Business Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance #25165- CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 6 of67 Revised May 2022 103270 Ray White Rued Widening Improvements 10-2021, as amended. 13. BIM—City's on-line, electronic document management and collaboration system. 14. Calendar Day —A day consisting of 24 hours measured from midnight to the next midnight. 15. Change Order —A document, which is prepared and approved by the City, which is signed by CMAR, Engineer and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. 16. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, and is the entity with whom CMAR has entered into the Agreement and for whom the Work is to be performed. 17. City Attorney —The officially appointed City Attorney of the City of Fort Worth, Texas, or her duly authorized representative. 18. City Council —The duly elected and qualified governing body of the City of Fort Worth, Texas. 19. City Manager— The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 20. City s Contingency —The dollar amount held exclusively by the City, outside of the GMP, to be utilized for project specific items at the City's sole discretion. 21. CMAR—A sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility for a negotiated price as a general contractor and provides consultation to the City regarding construction during and after the design of the facility. 22. CMAR's Contingency —Contingency available for CMAR's exclusive use for costs that are incurred in performing the Work that are not included in a specific line item or the basis for a Change Order under the Contract Documents. This contingency is not available to City for any reason, including changes in Scope or any other item which would enable CMAR to increase the GMP under the Contract Documents_ 23. CMAR Fee —The moneys payable by City to CMAR for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 24. Contract Claim —A demand or assertion by City or CMAR seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 25. Contract Documents —The Agreement, the Request for Proposals, CMAR's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 26. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, and (ii) complete the Work so that it is ready for Final Acceptance. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 7 of67 Revised May 2022 103270 Ray White Road Widening Improvements 27. Construction Documents —Those written or electronic documents indicating the basic scope of work as set forth by the Engineer, Engineer's formal construction documents, Drawings and Specifications, including materials, and work package(s) bid documents. 28. Construction Phase Services Those services to be provided by CMAR as defined in the RFP and the CMAR's Proposal. 29. Cost of the Work —The included and excluded costs described in Paragraph 11.01 of these General Conditions which CMAR shall consider when developing the CMAR's Fee and the GMP. 30. Damage Claims —A demand for money or services arising from the Project or Site from a third party, City, CMAR or Contractor exclusive of a Contract Claim. 31. Day or daj—A day, unless otherwise defined, shall mean aCalendar Day. 32. Director of Aviation —The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 33. Director of Parks and Community Services —The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents 34. Director of Planning and Development —The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 35. Director of Transportation and Public Works —The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 36. Director of Water Department —The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, oragents. 37. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 38. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 39. Extra Work —Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 40. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field Orders are paid from Allowances, if any, or other funding sources incorporated into the Agreement. 41. Final Acceptance —The written notice given by the City to the CMAR that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page $ of67 Revised May 2022 103270 Ray White Road Widening Improvements 42. Final Inspection —Inspection carried out by the City to verify that the CMAR has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 43. General Requirements —Sections of Division 1 of the Contract Documents. 44. Guaranteed Maximum Price (GMP)—The maximum cost to the City for the Work as established by the CMAR according to the Contract Documents and as approved by the City. 45. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposedthereto. 46. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 47. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 48. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 49. Liquidated Damages --A specified sum of money that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the CMAR, not as a penalty, but as liquidated damages suffered by the City. 50. Major Item —An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 51. MBE —A business entity as defined in the Business Equity Ordinance #25165-10-2021, as amended. meeting the following criteria: which is at least 51 percent owned by one or more Minority Individuals, or, in the case of any publicly traded business, at least 51 percent of all classes of the stock of which is owned by one or more Minority Individuals; and whose management, policies, major decisions and daily business operations are independently managed and controlled by one or more such Minority Individuals. Minority Individuals is defined in the Business Equity Ordinance. 52. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 53. Notice to Proceed —A written notice given by City to CMAR fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 54. Open Book Price —The price of all labor, material, equipment, subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 55. PCBs —Polychlorinated biphenyls. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 9 of Si Revised May 2022 103270 Ray White Road Widening Improvements 56. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 57. Plans —See definition ofDrawings. 58. Preconstruction Phase Services —Those services to be provided by CMAR as defined 1n the RFP. 59. Project —The Work to be performed under the Contract Documents. 60. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 61. Project Representative —The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 62. Public Meeting�An announced meeting conducted by the City and/or CMAR to facilitate public participation and to inform the public of the Project. 63. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 64. Regular Working Hours —Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 65. Request for Proposals {RFP}—The request issued by the City seeking qualified CMAR Firms to submit Proposals to perform CMAR services for the Project. 66. Retainage--The amount of money, on a percentage basis, identified in the Agreement to be withheld by City from each of CMAR's progress payments 67. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 68. Schedule of Submittals —A schedule, prepared and maintained by CMAR, of required submittals and the time requirements to support scheduled performance of related construction activities. 69. Schedule of Values —A schedule prepared and maintained by CMAR, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing CMAR Applications for Payment. 70. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of CMAR in furtherance of the Project. 71. Specifications —That part of the Contract Documents consisting of written requirements for materials, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 10 of67 Revised May 2022 103270 Ray White Road Widening Improvements equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference. 72. Subcontractol=An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 73. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CMAR and submitted to City by CMAR to illustrate some portion of the Work. 74. Substantial Completion —The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project (or a designated portion thereof) for its intended use. 75. Successful Bidder —The Bidder submitting the lowest and most responsive Bid and to whom CMAR makes an award of Contract unless Otherwise directed by City. 76. Superintendent —The representative of the CMAR who is available at all times and able to receive instructions from the City and to act for the CMAR. 77. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 78. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with CMAR, Contractor or with any Subcontractor to fumish materials or equipment to be incorporated in the Work. 79. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 80. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 81. Weekend Working Hours —Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 82. Work —The collective design -phase and construction -phase, or the various separately identifiable parts thereof, required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 83. Working Day —A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the CMAR will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECT'S Page I I oF67 Revised May 2022 103270 Ray White Road Widening Improvements 1. a2 Terminology A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated leaning. B. Intent of Certain Terms or Adjectives: a. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or detenmination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referTed to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Common Construction Terms: Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to CMAR one (1) original executed copy and one (1) electronic copy of the Agreement and Contract Documents, and up to four (4) additional copies of the Drawings, as requested by CMAR. Additional copies will be furnished upon request at the cost of reproduction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 12 of67 Revised May 2022 103270 Ray White Road Widening Impmvcmenis 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the effective date of the Agreement. 2.03 Starting the Work CMAR shall begin compensable performance of the design -phase portion of the Work on the date when the Contract Time commences to run. No construction -phase Work shall be done at the Site prior to the date on which the City approves the final design of the Work, unless an early works package, whether one or more, is requested and permission is specifically granted by the City. 2.04 Before Starting Construction, Baseline Schedules CMAR shall submit to C it y i t s s c h e d u l e in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to CMAR until acceptable Schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.05 Preconstruction Conference Before any construction -phase Work at the Site is started, the CMAR shall attend a Preconstruction Conference as specified in the Contract Documents. 2.46 Public Meeting CMAR may not mobilize any equipment, materials or resources to the Site prior to CMAR and Contractor, if known, attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued byCity. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The CMAR or Contractor shall not CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 13 of67 Revised May 2022 103270 Ray White Road Widening improvements take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The CMAR or Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, CMAR, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. CMAR' s and Contractor's Review of Contract Documents Before Starting Work Before undertaking each part of the Work, CMAR a n d Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. CMAR shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which CMAR discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. CMAR's or Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, CMAR or Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then CMAR shall promptly report it to City in writing. CMAR shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.18.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. CMAR shall not be liable to City for failure to report any conflict, error, ambiguity, or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 14 of6! Revised May 2022 103270 Ray White Road Widening Improvements discrepancy in the Contract Documents unless CMAR had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work not involving a change in GMP or Contract Time, may be authorized, by one or more of the followingways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph f .19.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude CMAR from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by CMAR to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECT'S Page 15 oF67 Revised May 2022 103270 Ray White Road Widening Improvements referenced and located on the City's BIM Project site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify CMAR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CMAR must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the CMAR in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. 3. The City may obtain temporary construction easements to facilitate the Work by the CMAR. City will identify in the Supplementary Conditions or Contract Documents which temporary construction easements will be obtained prior to GMP delivery for use by the CMAR. City makes no guarantee of duration of availability, access, warranty, suitability, or other performance of the temporary construction easement unless stated in the Supplementary Conditions or Contract Documents. B. Upon reasonable written request, City shall furnish CMAR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. CMAR shall provide for all additional lands and access thereto that maybe required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 16 oF67 Revised May 2022 103270 Ray White Road Widening Improvements 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by CMAR on Technical Data Authorized. CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CMAR, and safety precautions and programs incident thereto; or 2 other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CMAR believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CMAR is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CMAR shall, immediately after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.18.A), notify City in writing about such condition. B. Possible Price and Time Adjustments CMAR shall be entitled to an adjustment in the GMP or Contract Time if- CMAR did not know of the existence of such conditions at the time CMAR made a final commitment to City with respect to GMP and Contract Time, by the submission of a Bid, or becoming bound under a negotiated contract; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECT'S Page 17 of67 Revised May 2022 103270 Ray White Read Widening Improvements Z the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. CMAR gave the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. The cost of all of the following will be included in the GMP, and CMAR shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated. - If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CMAR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 5.18.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. CMAR shall be responsible for the safety and protection of such discovered Underground Facility. Z If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points CMAR shall provide engineering surveys to establish reference points for construction, which are CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 18 of6! Revised May 2022 103270 Ray White Road Widening improvements necessary to enable CMAR to proceed with the Work. CMAR will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. CMAR shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. CMAR shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. CMAR shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the CMAR or Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. S. Limited Reliance by CMAR on Technical Data Authorized: CMAR may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. CMAR may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for CMAR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CMAR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CMAR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CMAR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CMAR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CMAR, Contractor, Subcontractors, Suppliers, or anyone else for whom CMAR is responsible. D. If CMAR encounters a Hazardous Environmental Condition or if CMAR or anyone for whom CMAR is responsible creates a Hazardous Environmental Condition, CMAR shall immediately: (1) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.18.A); and (iii) verbally notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. When the Hazardous Environmental Condition has been rendered harmless by the City's separate remediation contractor, the work in the affected area shall resume upon written agreement of the City and CMAR. For such Hazardous Environmental Conditions that CMAR encounters that are not within CMAR's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of Contractor's reasonable costs of shut -down, delay and start-up, by Change Order. E. CMAR shall not be required to resume Work in connection with such condition or in any affected CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROTECTS Page 14 of67 Revised May 2022 103270 Ray White Road Widening Improvements area until after City has obtained any required permits related thereto and delivered written notice to CMAR: (1) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice CMAR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CMAR or by anyone for whom CMAR is responsible. Nothing in this Paragraph shall obligate CMAR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — INDEMNITY, BONDS AND INSURANCE i01 Indemnification - CMAR COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. CMAR LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OFCITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR INVITEES THE INTENT OF THIS PARAGRAPH IS TO REQUIRE CMAR TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. UAL — =A All bonds and insurance required by the Contract Documents to be purchased and maintained by CMAR shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 20 of67 Revised May 2022 103270 Ray White Road Wid"ing improvements insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. Performance, Payment, and Maintenance Bonds: A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The CMAR shall, not later than the tenth day after the CMAR executes the Agreement, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the CMAR will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the design portion of the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond(s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the CMAR to City prior to final acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment, performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the CMAR to that effect and the CMAR shall immediately provide a new surety and bonds satisfactory to the City. All bonds Signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. E. If the surety on any bond furnished by CMAR is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of Paragraph 5.02.13, CMAR shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.13. .503 Certificates of Insurance CMAR shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which CMAR is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liabilitypolicies. 2. The CMAR's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 21 oF67 Revised May 2022 103270 Ray White Rued Widening Improvements be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. in addition, the CMAR agrees to waive all rights of subrogation against the Engineer (if applicable, and except related to any Builders' Risk insurance provided by CMAR), and each additional insured identified in the Supplementary Conditions. b. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of CMAR's obligation to maintain such lines of Insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Agreement and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements which neither nullify or amend the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been awarded and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the CMAR or Contractor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR) in excess of $25,000.00 affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Agreement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 22 of67 Revised May 2022 103270 Ray White Read Widening Impmvements by amendment. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto. 13. City shall not be responsible for the direct payment of insurance premium costs for CMAR's insurance. .504 Categories of Insurance A, Workers Compensation and Employers' Liability. CMAR shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CMAR's performance of the Work and CMAR's other obligations under the Contract Documents, whether it is to be performed by CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the CMAR to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the CMAR, Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the CMAR shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: CMAR shall immediately notify City upon cancellation or other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 23 of67 Revised May 2022 103270 Ray White Road Widening Improvements loss of insurance coverage. CMAR shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant tothis section. 505 Insurance Requirements A. Preconstruction Phase Services: 1. CMAR shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee 506 Additional Insurance Requirements 5.07 Except for employer's liability insurance coverage under CMAR's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on CMAR's insurance policies. 503 Certificates of insurance shall be delivered to the City's Project Representative at the address specified prior to commencement of Work. 5.09 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 5.10 Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. 511 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. ill Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 513 Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 5.14 CMAR's insurance policies shall each be endorsed to provide that such insurance is primary CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 34 of67 Revised May 2022 103270 Ray White Read Widening Improvements protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 515 In the course of the Agreement, CMAR shall report, in a timely manner, to City's Project Representative any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 5.16 CMAR'S liability shall not be limited to the specified amounts of insurance required herein. .4. Construction Phase. The limits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: Workers' Compensation: Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit Commercial General Liability: Commercial General Liability shall be on a per project basis covering the CMAR with minimum limits of $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site or each work package, if more than one. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverages. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. Automobile Liabilitv: A commercial business policy Shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned and shall be in an amount not less than the following amounts: $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person 1 $500,000 Bodily Injury per accident 1 $100,000 Property Damage 5.17 Acceptance of Bonds and Insurance; Option to Replace CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 25 oF67 Revised May 2022 103270 Ray White Read Widening Improvements If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the CMAR in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the CMAR in writing within 10 Business Days after receipt of the certificates (or other evidence requested). CMAR shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If CMAR does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the CMAR in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CMAR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A CMAR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CMAR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, CMAR shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be CMAR's representative at the Site and shall have authority to act on behalf of CMAR. All communication given to or received from the Superintendent shall be binding on CMAR. C. CMAR shall notify the City 72 hours prior to moving on site for the commencement of construction - phase Work. 602 Labor, Working Hours A CMAR shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. CMAR shall at all times maintain good discipline and order at the Site. BL Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. CMAR will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior; 2. for Weekend Working Hours request must be made by noon of thepreceding Thursday; 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Solicitation of Construction -Phase Work. A CMAR shall publicly advertise for bids or proposals and receive bids or proposals from trade CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOP, CMAR PROJECTS page 26 of67 Revised May 2022 103270 Ray White Road Widening Improvements contractors or subcontractors for the performance of all major elements of the Work other than minor work that may be included in the Construction Documents. CMAR may seek to self- perform portions of the Work by submitting its Bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and upon a determination by City that the CMAR's bid or proposal provides the best value for the City. B. The CMAR shall review all trade contractor or subcontractor Bids or proposals in a manner that does not disclose the contents of the Bid or proposal during the selection process to a person not employed by the CMAR, Engineer or City. All Bids or proposals shall be made available to the City on request and to the public after the later of the award of the Contract or the seventh day after the date of final selection of bids or proposals. If the CMAR reviews, evaluates, and recommends to the City a Bid or proposal from a trade contractor or subcontractor but the City requires another Bid or proposal to be accepted, City shall compensate the CMAR by a change in price, time, or GMP for any additional cost and risk that the CMAR incurs because of the City's requirement that another Bid or proposal be accepted. C If a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a Contract after being so selected, the CMAR may fulfill, without advertising, the Contract requirements or select a replacement trade contractor or subcontractor to fulfill the Contract requirements. 604 Services, Materials, and Equipment A Unless otherwise specified in the Contract Documents, CMAR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, required testing, start-up, and completion of the Work. a All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, CMAR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the ContractDocuments. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of Agreement, unless otherwise specified. 605 Project Schedule A CMAR shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and the General Requirements as it may be adjusted from time to time as provided below. 1. CMAR shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 27 of67 Revised May 2022 103270 Ray White Road Widening Improvements Requirements applicable thereto. 2. CMAR shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Agreement in accordance with the schedule Specification 0 132 16. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 606 Substitutes and "Or -Equals" A Whenever an item of material or equipment is specified or described in the Construction Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that: no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City by CMAR for review under the circumstances described below. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by CMAR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.06.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. The City determines that: 1. it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2. it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3. it has a proven record of performance and availability of responsive service;and b. CMAR certifies that, if approved and incorporated into the Work: 1. there will be no increase in cost to the City or increase in Contract Time; and 2. it will conform substantially to the detailed requirements of the item named in the Construction Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by CMAR does not qualify as an "or -equal" item, it may be submitted as a proposed substitute item. b. CMAR shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 28 of67 Revised May 2022 103270 Ray White Read Widaing Improvements acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than CMAR. c. CMAR shall make written application to City for review of a proposed substitute item of material or equipment that CMAR seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1. shall certify that the proposed substitute item will: a. perform adequately the functions and achieve the results called for by the general design; b. be similar in substance to that specified; c. be suited to the same use as that specified;and 2. will state: a. the extent, if any, to which the use of the proposed substitute item will prejudice CMAR's achievement of final completion on time; b. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; c. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3. will identify: a. all variations of the proposed substitute item from thatspecified; b. available engineering, sales, maintenance, repair, and replacement services; and 4. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. a Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, CMAR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. CMAR shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. CMAR shall make written application to City for review in the same manner as those provided in Paragraph 6.06.A.2. C City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.06.A and 6.06.13. City may require CMAR to furnish additional data about the proposed substitute. City will be the sole judge of CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 29 of67 Revised May 2022 103270 Ray White Road Widening Improvements acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal" City will advise CMAR in writing of its determination. 11 Special Guarantee: City may require CMAR to furnish at CMAR's expense a warranty with respect to any substitute. CMAR shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys' fees) arising out of the use of substituted inaterials or equipment E City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by CMAR pursuant to Paragraphs 6.06.A.2 and 6.06.B. Whether or not City approves a substitute so proposed or submitted by CMAR, CMAR may be required to reimburse City for evaluating each such proposed substitute. CMAR may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. CMAR's Expense: CMAR shall provide all data in support of any proposed substitute or "or - equal" at CMAR's expense. G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Agreement by Change Order. H Time Extensions: No additional time will be granted for substitutions. 607 Concerning Subcontractors, Suppliers, and Others A Business Equity Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Minority and Women -owned Business Enterprises (collectively, "Business Equity Firms") in the procurement of goods and services pursuant to the Business Equity Ordinance. If the Contract Documents provide for an MBE and/or SBE goal, CMAR is required to comply with the City's Business Equity Ordinance by complying with the requirements detailed in the RFP and by doing the following: CMAR shall provide complete and accurate information to the DVIN regarding actual work performed, and payment therefor, by any Business Equity Firms under contract to CMAR. 2. CMAR's failure to make payments as provided by state law may, in addition to any other remedies provided by law, subject CMAR to penalties for violations as described in the Business Equity Ordinance. 3. CMAR will not make additions, deletions, or substitutions of accepted MBE/WBE firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. CMAR shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the CMAR that will substantiate the actual work performed by an MBE and/or WBE. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 15.02.A. Any such misrepresentation may subject CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 34 of67 Revised May 2022 103270 Ray White Road Widening Improvements CMAR to disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. a CMAR shall be fully responsible to City for all acts and omissions of its Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CMAR is responsible for CMAR's own acts and omissions. Nothing in the Contract Documents shall: create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity, nor 2. create any obligation on the part of City to pay or to see to the payment of any monies due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. G CMAR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CMAR. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through CMAR. E All Work performed for CMAR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CMAR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.08 Wage Rates A Duty to pay Prevailing Wage Rates. The CMAR shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. a Penalty for Violation. CMAR or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the CMAR, Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the CMAR or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 31 of67 Revised May 2022 103270 Ray White Read Widening Inapmvements wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. G 14rbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act {Civil Practice and Remedies Code Chapter 171 et seq.} if the CMAR or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Ix Records to be Maintained The CMAR and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the CMAR or Subcontractor in the construction of the Work provided for in this Agreement; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. E Progress Payments. With each progress payment or payroll period, whichever is more frequent, the CMAR shall submit an affidavit stating that the CMAR has complied with the requirements of Chapter 2258, Texas Government Code. E Posting of Wage Rates. The CMAR shall post prevailing wage rates in a conspicuous place at all times. G Subcontractor Compliance. The CMAR shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 609 Patent Fees and Royalties A CMAR shall pay all license fees and royalties and assume all costs incident to the use in the perfonmance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. R To the fullest extent permitted by Laws and Regulations, CMAR shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 32 of67 Revised May 2022 103270 Ray White Read Widening Improvements specified in the Contract Documents. 6.10 Permits and Utilities A. CMAR obtained permits and licenses. CMAR shall obtain and pay for all construction permits and licenses except those provided for below, in the Supplementary Conditions, or Contract Documents. City shall assist CMAR, when necessary, in obtaining such permits and licenses. CMAR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the effective date of the Agreement, except for permits provided by the City as specified in 6.1 D.B. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for below, in the Supplementary Conditions, or Contract Documents. It will be the CMAR's responsibility to carry out the provisions of the permit. If the CMAR initiates changes to the Work beyond the scope of any City -acquired permit, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these additional requirements of any City- acquired permit. The following are permits the City will obtain ifrequired: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 6.11 Laws and Regulations A. CMAR shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring CMAR's compliance with any Laws or Regulations. B. If CMAR performs any Work knowing that it is contrary to Laws or Regulations, CMAR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be CMAR's responsibility to make certain that the Construction Documents are in accordance with Laws and Regulations, but this shall not relieve CMAR of CMAR's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.12 Taxes A. an a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the CMAR may purchase, rent or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 33 of b7 Revised May 2022 103270 Ray White Road Widening Improvements lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the CMAR in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http:llwww.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.13 Use of Site and OtherAreas A. Limitation on Use of Site and DtherAreas: CMAR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CMAR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the CMAR has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the CMAR to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, CMAR shall promptly attempt to resolve the Damage Claim. 4. CMAR shall indemnify and hold harmless City from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work CMAR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24- hours after written notice is given to the CMAR that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the CMAR fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the CMAR in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the CMAR. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 34 oF67 Revised May 2022 103270 Ray White Road Widening Improvonents D. Final Site Cleaning: Prior to Final Acceptance of the Work, CMAR shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work, CMAR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: CMAR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CMAR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 614 Record Documents A. CMAR shall maintain in a safe place at the Site or in a place designated by the CMAR and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals and Submittals will be delivered to City prior to Final Inspection. CMAR shall include accurate locations for buried and imbedded items. 615 Safety and Protection A. CMAR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Contractor or Subcontractor(s) of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. CMAR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction of theWork. B. CMAR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CMAR shall notify owners of adjacent property and owners of Underground Facilities and other utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. CMAR shall comply with the applicable requirements of City's safety programs, ifany. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 35 of67 Revised May 2022 103270 Ray White Road Widening Impmvements D. CMAR shall inform City of the specific requirements of CMAR's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.15.A.2 or 6.15.A.3 caused, in whole or in part, by CMAR, Contractor, any Subcontractor, Supplier, or any other individual or entity employed by any of them to perform any of the Work, or anyone for whose acts any of them maybe liable, shall be remedied by CMAR. F. CMAR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.16 Safety Representative CMAR shall inform City in writing of CMAR's designated safety representative at the Site. 6.17 Hazard Communication Programs CMAR shall be responsible for coordinating any exchange of material safety data sheets or other hazard conununication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.18 Emergencies andlor Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CMAR is obligated to act to prevent threatened damage, injury, or loss. CMAR shall give City prompt written notice if CMAR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If City determines that a change in the Contract Documents is required because of the action taken by CMAR in response to such an emergency, a Change Order may be issued. B. Should the CMAR fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the CMAR written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the CMAR to take remedial action to correct the condition. In the event the CMAR does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the CMAR on theProject. 6.19 Submittals and Samples A. CMAR shall submit required Submittals and Samples to City for review and acceptance. Each Submittal or Sample shall be uniquely identified. 1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 36 of6! Revised May 2022 103270 Ray White Road Widening Improvements and equipment CMAR proposes to provide and to enable City to review the information for the limited purposes required by Paragraph6.19.C. 3. Submittals submitted as herein provided by CMAR and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse CMAR from requirements shown on the Drawings and Specifications. 5. For -Information -Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. 6. Submit the required number of Samples as specified in the Supplemental Conditions. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.19.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility ofCMAR. C. City's Review: 1. City will provide timely review of Submittals. City's review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve CMAR from responsibility for any variation from the requirements of the Contract Documents unless CMAR has complied with the requirements of Section 41 33 40 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve CMAR from responsibility for complying with the requirements of the Contract Documents. 620 Continuing the Work Except as otherwise provided, CMAR shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and CMAR may otherwise agree in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 37 of67 Revised May 2022 103270 Ray White Road Widening Impmvements 621 CMAR's General Warranty and Guarantee A. CMAR warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of CMAR's warranty and guarantee. B. CMAR's warranty and guarantee hereunder excludes defects or damage causedby: 1. abuse, modification, or improper maintenance or operation by persons other than CMAR, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom CMAR is responsible; or 2. normal wear and tear under normal usage. C. CMAR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents nor act as a release of CMAR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City, 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion or Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal byCity; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The CMAR shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.C. The City will give notice of observed defects with reasonable promptness. 622 Additional Professional Design Services A. CMAR will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out CMAR's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 38 of67 Revised May 2022 103270 Ray White Road Widening Improvements or equipment are specifically required of CMAR by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. CMAR shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seat shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by CMAR's design professionals. D. Pursuant to this Paragraph 6.21, City's review, if any, of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.19.C. 6.23 Right to Audit A. The CMAR agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the CMAR involving transactions relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be subject to audit. CMAR agrees that the City shall have access during Regular Working Hours to all necessary CMAR facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give CMAR reasonable advance notice of intended audits. B. CMAR further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or agreed -upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor or Subcontractor reasonable advance notice of intended audits. C. CMAR, Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse CMAR, Contractor or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 (the "Act') as amended. CMAR Shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 39 of6! Revised May 2022 103270 Ray White Road Widening Improvements any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners; and such other contractors shall be responsible for procuring their own property, liability or workers compensation insurance, and CMAR shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of CMAR. If such other work is not noted in the Contract Documents, then written notice thereof will be given to CMAR prior to starting any such other work. R CMAR shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. CMAR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CMAR shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that CMAR may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of CMAR's Work depends upon work performed by others under this Article 7, CMAR shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CMAR's Work. CMAR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CMAR's Work except for latent defects in the work provided byothers. 7.02 Coordination A If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; Z the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to CMAR CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 40 of67 Revised May 2022 103270 Ray White Road Widening Improvements City shall issue all communications to CMAR. 8.02 Furnish Data City shall timely: A. Provide to CMAR all criteria and full information as to its requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which the City will require to be included in the Project's design or other information required under the Contract Documents. B. Provide to CMAR all non -confidential technical data in its possession which it may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information required by CMAR, all of which may be used and relied upon in performing services under the Agreement. 8.03 Pay When Due City shall make payments to CMAR in accordance with Article 14. 8.04 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.06 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, CMAR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CMAR to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for CMAR's failure to perform the Work in accordance with the Contract Documents. B. City will notify the CMAR of any applicable City safety plans pursuant to Paragraph 6.15. 8.07 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) for the duration of the Project. The duties and responsibilities and the limitations of authority of City's Project Representative(s) during each phase CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 41 of6J Revised May 2022 103270 Ray While Road Widening Improvements of the Work are set forth in the Contract Documents. 9.0.2 Visits to Site A City's Project Representative will make visits to the Site at intervals appropriate to the various stages of the Work as City deems necessary in order to observe the progress that has been made on the various aspects of the Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.06. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and CMAR, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed CMAR will determine the actual quantities and classifications of Work performed. City's Project Representative will review with CMAR the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. R City will render a written decision on any issue referred. C City's written decision on the issue referred will be final and binding on the CMAR, subject to the provisions of Paragraph 10.06. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 42 of6! Revised May 2022 103270 Ray White Road Widening Improvements ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, CMAR shalt promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work CMAR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.18. 10.03 Execution of Change Orders A. City and CMAR shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by theparties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time forWork actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the CMAR shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The CMAR shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs CMAR incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 43 of67 Revised May 2022 103270 Ray White Road Widening Improvements scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be CMAR's responsibility. The amount of each applicable bond will be adjusted by the CMAR to reflect the effect of any such change. 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by CMAR of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. written notice stating the general nature of each Contract Claim shall be delivered by the CMAR to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the parry making the Contract Claim. 2, notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for CMAR to submit additional or more accurate data in support of such Contract Claim). 3. a Contract Claim for an adjustment in GMP shall be prepared in accordance with the provisions of Paragraph 12.02. 4. a Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 5. each Contract Claim shall be accompanied by CMAR's written statement that the adjustment claimed is the entire adjustment to which the CMAR believes it is entitled as a result of said event. C. City's .fiction: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the CMAR, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the CMAR that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed adenial. D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or CMAR invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 44 of67 Revised May 2022 103270 Ray While Road Widening Improvements 11.01 Cost of the Work A. Costs Included. • The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by CMAR in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to CMAR will be only those additional or incremental costs required because of the change in the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.0 LB, but shal l include, but not be limited to, the followingitems: 1. payroll costs for employees in the direct employ of CMAR in the performance of the Work under schedules of job classifications agreed upon by City and CMAR . Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2 Cost of all materials and equipment fumished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CMAR. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and CMAR shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the CMAR or returned to the supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of the Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CMAR or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the tenns of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4 Payments made by CMAR to its Contractor or Subcontractors for Work performed by Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined by the CMAR. a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 45 of67 Revised May 2022 103270 Ray White Road Widening Improvements ("Blue Book"}, as adjusted to the regional area of the Project. The most recent published edition in effect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by City's Project Representative or Engineer or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by theEngineer. Blue Book Payment Actual Usage Category Less than 8 hours Hourly Rate 8 or more hours but less than Daily Rate 7 days 7 or more days but less than Weekly Rate 30 days 30 days or more Monthly Rate d. Equipment when idle (Standby): Idle or standby equipment is equipment on -site or in transit to and from the Work site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the Engineer, shall be paid at the leasing rate determined in Paragraph 11.0LAA.c., excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non -operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed by CMAR for services specifically related to the Work. 6 Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CMAR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, dismantling and removal of all materials, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 46 of67 Revised May 2022 103270 Ray White Road Widening Improvements supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CMAR. c. Sales, consumer, use, and other similar taxes related to the Work, and for which CMAR is liable not covered under Paragraph 6.12, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of CMAR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by CMAR in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of detennining CMAR's fee. If, however, any such loss or damage to the Work that has been accepted by City requires reconstruction and CMAR is placed in charge thereof, CMAR shall be paid for services, a fee proportionate to that stated in Paragraph 12.01. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds CMAR is required by the Contract Documents to purchase and maintain; the cost of all subcontractor bonds and/or an agreed -upon rate for subcontractor default insurance; and insurance at an agreed -upon rate. i. Costs of removal of debris from the site. j. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the CMAR's written policies for personnel at or below the level of Project Superintendent. k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by CMAR or subcontractors for this Project. 1. Deductibles and self -insured retention amounts associated with insurance. m. Fees and assessments for the building permit and for other permits, licenses and inspections CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 47 of67 Revised May 2022 103270 Ray White Road Widening Improvements for which the CMAR is required by the Contract Documents to pay. n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph "I " below. o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the CMAR resulting from such suits or claims, such payments made only with the City's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents. p. Legal or mediation costs, other than those arising from disputes between the City and CMAR or reasonably incurred by the CMAR in the performance of the Work, except where covered under any indemnity by CMAR and only with the City's written permission. q. Reasonable expenses incurred in accordance with the CMAR's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent as defined in the Contract Documents. r. Reasonable costs incurred by the CMAR in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property. s. Costs incurred by the CMAR in repairing or correcting damaged or nonconforming Work performed by the CMAR, Contractor or its Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure of the CMAR or the CMAR's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the failure of the CMAR's personnel to supervise adequately the Work of the subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the CMAR from insurance, its Subcontractors or its suppliers. t. Other costs incurred by the CMAR in performance of the Work if and to the extent approved in advance in writing by the City. u. Rental charges for temporary facilities, including site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters andtoilets. v. Mobilization and demobilization cost associated with Project. w_ Project specific, on -site, safety inspection and related safety supplies and costs. x. Project specific, on site, quality control inspection and quality assurance and control costs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECI-S Page 48 of6! Revised May 2022 103270 Ray White Road Widening improvements y. CMAR's contingency. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CMAR's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CMAR, whether at the Site or in CMAR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 1.1 _p 1.A.4, all of which are to be considered administrative costs covered by the CMAR's fee- 2 Expenses of CMAR's principal and branch offices other than CMAR's office at the Site. 3. Any part of CMAR's capital expenses, including interest on CMAR's capital employed for the Work and charges against CMAR for delinquent payments. 4. Costs due primarily to the negligence of CMAR, any subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 1.A. & The CMAR's capital expenses, including interest on the CMAR's capital employed for the Work. 7. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.O1.A.3. & Liquidated damages assessed the CMAR by the City. 9 Data processing and software costs related to the Work. 10. Company owned, leased, or rented trucks for personal use of those persons listed in Paragraph 11.01.B.1 above. 11. That portion of the reasonable travel and subsistence expenses of the CMAR's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. 12 City's Contingency (unless City has authorized by Change Order additional scope into GMP). 13. Allowance Items. C. CM.4R's Fee: CMAR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 44 of67 Revised May 2022 103270 Ray White Road Widening Impmvements basis of Cost of the Work, CMAR's fee shall be determined as set forth in Paragraph 12.02. D. Documentation: Whenever the Cost of the Work for any purpose is to be detennined pursuant to Paragraphs 11 A LA and 11.0 1.B, CMAR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. E. For all subcontracts, the CMAR shall ensure compliance with Texas law. F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the CMAR shall accrue to the City if (1) before making the payment, the CMAR included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the CMAR with which to make payments; otherwise, cash discounts shall accrue to the CMAR Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the CMAR Contractor shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost of the Work. G Accounting Recoi ds: The CMAR Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents; the accounting and control systems shall be satisfactory to the City. 11.02 AllowanceslContingency A. CMAR's Contingency 1. Any and all contingency funds proposed by CMAR shall be mutually agreed upon between the City and CMAR and included in the GMP. 2 is available for the exclusive use of CMAR for unanticipated costs the CMAR has incurred that are not the basis for a Change Order under the Contract Documents. Examples may include but are not limited to trade buy-out differentials, overtime or acceleration, escalation of materials costs, correction of defective, damaged, or nonconforming Work, or subcontractor defaults. 3. These funds shall not be used to increase the GMP under the Contract Documents. 4. CMAR shall provide City notice of all anticipated charges against CMAR's contingency and shall provide monthly accounting of the balance including all reasonably foreseen future uses or potential uses of this contingency. B. City's Contingency 1. City may hold its own contingency funds as determined solely by City which shall not be included in the GMP. 2 City's contingency funds are available for the exclusive use of the City to utilize in connection with this project. Any utilization of these funds shall be negotiated between the CMAR and the City and approved by a Change Order. 3. The City's Contingency is not available to the CMAR for any reason unless explicitly CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 50 oF67 Revised May 2022 103270 Ray White Read Widaing Improvements authorized by Change Order. C. Allowance Item: 1. Any and all Allowance Items, as well as their corresponding Allowance values, are set forth at the GMP proposal and are included within the GMP. 2 Allowance Items may be based on design information then available to determine reasonable estimates for the Allowance Items. Examples may include non -critical path work, utility reimbursements, and pass -through items. 3. No work shall be performed on any Allowance Item without CMAR first obtaining in writing advanced authorization to proceed from City. D. Prior to Final Payment, appropriate documentation will be issued to reflect actual amounts due CMAR on account of Work covered by allowance or contingency funds, if provided for in the Agreement, and the Contract Price, if necessary, shall be correspondingly adjusted. 11. 03 Unit Price Work A. Where the Construction Documents provide that all or part of the Work is to be Unit Price Work, initially the GMP will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial GMP. Determinations of the actual quantities and classifications of Unit Price Work performed by CMAR will be made by City subject to the provisions of Paragraph 9.05. C. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the GMP in accordance with Paragraph 12.02if: 1. the quantity of any item of Unit Price Work performed by CMAR differs materially and significantly from the estimated quantity of such item indicated in the Construction Documents; and 2 there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work may be paid for with allowance or contingency funds. 2 If the changes in quantities or alterations significantly change the character of work, the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 51 of67 Revised May 2022 103270 Ray White Road Widening Improvements Agreement will be amended by a Change Order in accordance with Article 10. 4. A significant change in the character of work occurs when: a. the character of work for any item as altered differs materially in kind or nature from that in accordance with the Plans or the Construction Documents; or b. a Major Item of work varies by more than 25% from the original Plans or Construction Documents quantity. 5. When the quantity of work to be done under any Major Item of the Agreement is more than 125% of the original quantity stated in the Agreement, then either party may request an adjustment to the unit price on the portion of the work that is above 125%. G. When the quantity of work to be done under any Major Item of the Agreement is less than 75% of the original quantity stated in the Agreement, then either party may request an adjustment to the unit price. 11.04 Additional Compensation. Where CMAR may be entitled to additional compensation, the calculation to determine such additional compensation shall not include any costs or expenses for any home - office overhead and expenses and shall be limited to the costs incurred at the Project Site, examples of which include: project site trailer, project site utility costs, project site supervision, Project Engineer (billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs. ARTICLE 12 — CMAR'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 12.01 CMAR's Fee The CMAR's Fee shall be as negotiated and memorialized in the Agreement. 12.02 Change of GMP A. The GMP may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price plus CMAR's Construction Services Fee, and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.02.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus CMAR's Construction CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 52 of67 Revised May 2022 103270 Ray White Road Widening Improvements Services Fee. 4. the amount of credit to be allowed by CMAR to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a corresponding deduction in CMAR's Fee. 12.03 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or CMAR can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 Delays A. Where CMAR is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of CMAR, and that affected Work is within the Contract Time, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of CMAR shall include, but not be limited to, acts or neglect by City or its Engineer or consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If CMAR is delayed, City shall not be liable to CMAR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) sustained by CMAR on or in connection with any other project or anticipated project ofCMAR. C. CMAR shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of CMAR. Delays, labor shortages, logistical challenges for material delivery, and supply chain issues attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control ofCMAR. D. The CMAR shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the CMAR is caused by the acts or neglect of the City or its Engineer or consultants, or utility owners or separate contractors, including without limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to CMAR. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS page 53 of67 Revised May 2022 103270 Ray White Road Widening improvements City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. CMAR shall provide them proper and safe conditions for such access and advise them of CMAR's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A CMAR shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. CMAR shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CMAR's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable to City. D City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. 1. City will coordinate such testing with Contractor; 2. Should any testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the CMAR shall be responsible for paying for any and all retests. CMAR's cancellation without cause of City initiated testing shall be deemed a negative deemed a negative result and require retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by CMAR. City will forward all invoices for retests to CMAR. 4. If CMAR fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CMAR without written concurrence of City, CMAR shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at CMAR's expense. G CMAR shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 54 of67 Revised May 2022 103270 Ray White Road Wid"ing Improvements 13.04 Uncovering Work A If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at CMAR's expense. & If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, CMAR, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case CMAR shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, CMAR shall be compensated for costs and/or time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or CMAR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order CMAR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of CMAR , any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A Promptly after receipt of written notice, CMAR shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. CMAR shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. a When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, CMAR shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS page 55 of67 Reviscd May 2022 103270 Ray White Road Widening Improvements A If within two (2) years after the date of Substantial Completion, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CMAR's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, CMAR shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. R If CMAR does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CMAR. C In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of six months after the end of the initial correction period_ City shall provide 30 days written notice to CMAR should such additional warranty coverage be required. CMAR may dispute this requirement by filing a Contract Claim. Ev Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. CMAR shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by CMAR. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 56 of67 Revised May 2022 103270 Ray White Road Widening Improvements 13, 09 City May Correct Defective Work A If CMAR fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph I3.0G.A, or if CMAR fails to perform the Work in accordance with the Contract Documents, or if CMAR fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to CMAR, correct or remedy any suchdeficiency. a In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude CMAR from all or part of the Site, take possession of all or part of the Work and suspend services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid CMAR but which are stored elsewhere. CMAR shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.09. C All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against CMAR., and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. CMAR shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. �'. IYl`�-�f �i[�7�'�u' i �1►11 Kyl IL�Iyu ►►:�►►i tl��Ju' i � 11 �3t 11 [�J►i 14.01 Schedule of Values The Schedule of Values will serve as the basis for progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. CMAR is responsible for providing all information as required to become a vendor of the City. 2. CMAR shall submit to City for review an Application for Payment filled out and signed by CMAR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The CMAR's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 57 of67 Revised May 2022 103270 Ray White Road Wid=ing rr-prtrnmenZ Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that CMAR, on behalf of City, has received the materials and equipment free and clear of a[[ Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, it and each subsequent Application for Payment shall include an affidavit from CMAR stating that previous progress payments received on account of the Work have been applied on account to discharge CMAR's legitimate obligations associated with prior Applications forPayment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications for Payment: 1. City will, within 30 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application for Payment to CMAR indicating reasons for refusing payment. In the latter case, CMAR may make the necessary corrections and resubmit the Application for Payment. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle CMAR to be paid additionally by City or entitle City to withhold payment toCMAR, or c. CMAR has complied with Laws and Regulations applicable to CMAR's performance of the Work. 4. City may refuse to process the whole or any part of any payment due to evidence or the results of inspections or tests, to such extent as may be necessary to protect City from loss because: CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 58 oF67 Revised May 2022 103270 Ray White Road Widening Improvements a. the Work is defective, or the completed Work has been damaged by the CMAR or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in the current or previous Applications forPayment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct Defective Work or complete Work in accordance with Paragraph 13.09; or e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.42.A. C. C. Payment: 1. CMAR will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application for Payment will become due within 30 days of the receipt of the Application for Payment. 2. Upon failure by City to so pay, CMAR may suspend performance of Work (whichever phase), or in the event any Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City, to terminate this Agreement. Interest at the rate of two percent per annum shall be payable on any amounts which are not in dispute but are unpaid by City after sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, CMAR shall resume providing all agreed -upon Services. D. Reduction in Payment• 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where CMAR has delivered a specific bond satisfactory to City to secure the satisfaction and discharge ofsuch Liens; b. there are other items entitling City to a set-off against theamount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give CMAR written notice stating the reasons for such action and shall pay CMAR any amount remaining after deduction of the amount so withheld. City shall pay CMAR the amount so withheld, or any adjustment thereto agreed to by City and CMAR, when CMAR remedies the reasons for such action. 14.03 C'MAR's Warranty of Title CMAR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 59 of67 Revised May 2022 103270 Ray White Road Widening Inapmvements 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with CMAR's performance of the remainder of the Work. City at any time may notify CMAR in writing to permit City to use or occupy any such part of the Work which City and CMAR determine to be ready for its intended use, subject to the following conditions: 1. CMAR at any time may notify City in writing that CMAR considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and CMAR shall make an inspection of the Work to detennine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify CMAR in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from CMAR that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with CMAR; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. CMAR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the CMAR between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the CMAR in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by CMAR, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to CMAR a letter of Final Acceptance. 14.07 Final Payment A. Application for Final Payment. 1. Upon receipt of a letter of Final Acceptance, CMAR may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied by: a. all documentation called for in the Contract Documents (except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.03; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJEC 'S Page 60 of67 Revised May 2022 103270 Ray White Road Widening Improvements b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due. - After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages; and c. after all Damage Claims have been resolved: i) directly by the CMAR; or ii) CMAR provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution; then d. Final Payment will become due and payable. 2. The making of the final payment by the City shall not relieve the CMAR of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of CMAR's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.A.5., and if bonds have been famished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CMAR to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of ContractClaims. B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 Waiver of Claims The acceptance of final payment by CMAR will constitute a release of the City from all claims or liabilities under the Agreement for anything done or furnished or relating to the Work under the Contract Documents or any act or neglect of City related to or connected with the Agreement. ARTICLE 15 — SUSPENSION OF WORK AND ',TERMINATION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROK(A-S Page 61 of67 Revised May 2022 103270 Ray White Road Widening Improvements 15.01 City May Suspend Work A At any time and without cause, City may suspend the Work or any portion thereof by written notice to CMAR and which may fix the date on which Work will be resumed. CMAR shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the CMAR not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the CMAR, and should it be determined by mutual consent of the CMAR and City that a solution to allow construction to proceed is not available within a reasonable period of time, CMAR may request an extension in Contract Time, directly attributable to any such suspension. C If it should become necessary to suspend the Work for an indefinite period, the CMAR shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and CMAR shall take every precaution to prevent damage or deterioration of the work performed; CMAR shall provide suitable drainage about the work, and erect temporary structures where necessary. D. CMAR may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the CMAR of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A The occurrence of any one or more of the following events, by way of example but not of limitation, may justify termination for cause: 1. CMAR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule, as adjusted from time to time; 2. CMAR's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. CMAR's failure to perform and meet timelines as set forth in Paragraph 6.05. 4. CMAR's disregard of Laws or Regulations of any public body havingjurisdiction; 5. CMAR's repeated disregard of the authority of City; 6. CMAR's violation in any substantial way of any provisions of the Contract Documents; 7. CMAR's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; 8. Substantial indication that the CMAR has made an unauthorized assignment of the Agreement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 62 of67 Revised May 2022 103270 Ray White Road Widening Improvements or any funds due therefrom for the benefit of any creditor or for any other purpose; 9. Substantial evidence that the CMAR has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 14. CMAR commences legal action in a court of competent jurisdiction against theCity. & If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to CMAR and Surety to arrange a conference with CMAR and Surety to address CMAR's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, CMAR, and Surety do not agree to allow the CMAR to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare CMAR in default and formally terminate the CMAR's right to complete the Agreement. CMAR's default shall not be declared earlier than 24 days after the CMAR and Surety have received notice of conference to address CMAR's failure to perform the Work. 2. If CMAR's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 calendar days after the date of written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude CMAR and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid CMAR or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4_ Whether City or Surety completes the Work, CMAR shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from City or Surety completing the Work, such excess will be paid to CMAR, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, CMAR or Surety shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 5. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to CMAR or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. G. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from CMAR or Surety for CMAR's failure to timely complete the Work. CMAR shall not be entitled to any claim on account of the method used by City in completing the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECT'S Page 63 of67 Revised May 2022 103270 Ray White Road Widening Improvements 7. Maintenance of the Work shall continue to be CMAR and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. 8. Termination of CMAR for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 15.02.B, CMAR's services will not be terminated if CMAR begins, within seven days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within not more than 30 days of receipt of said notice. D. Where CMAR's services have been so terminated by City, the termination will not affect any rights or remedies of City against CMAR then existing or which may thereafter accrue. Any retention or payment of moneys due CMAR by City will not release CMAR from liability. E To the extent that CMAR has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A City may, without cause and without prejudice to any other right or remedy of City, terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the CMAR specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. R After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City, the CMAR shall: Stop work under the Agreement on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Agreement as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice oftermination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or un-fabricated parts, Work in progress, completed work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of thetermination; and b. the completed, or partially completed plans, drawings, information and other property which, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROTECTS Page 64 of67 Revised May 2022 103270 Ray White Road Widening Improvements if the Agreement had been completed, would have been required to be furnished to the City; 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the CMAR and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the CMAR may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E Not later than 60 days after the notice of termination, the CMAR shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the CMAR, and granted by the City, any and all such claims shall be conclusively deemedwaived. F. In such case, CMAR shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work; 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the CMAR's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the CMAR's Fee". G. In the event of the failure of the CMAR and City to agree upon the whole amount to be paid to the CMAR by reason of the termination of the Work under Paragraph 15.03, the City shall determine, on the basis of information available to it, the amount, if any, due to the CMAR by reason of the termination and shall pay to the CMAR the amounts determined. CMAR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION Methods and Procedures A Either City or CMAR may request mediation of any Contract Claim submitted for a decision under CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 55 of67 Revised May 2022 103270 Ray White Road Widening Improvements Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and CMAR shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of therequest. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or CMAR: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or Z. agrees with the other party to submit the Contract Claim to another dispute resolution process, or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. � WO►l x1111-y 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered electronically with a "read receipt verification" requested; or 3. In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, o r o v e r n i g h t d e l i v e r y to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the otherparty. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confinnation of receipt by the receivingparty. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECTS Page 66 of67 Revised May 2022 103270 Ray White Road Widening Improvements The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of CMAR. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FOR CMAR PROJECT'S Page 67 of 67 Revised May 2022 103270 Ray White Road Widening Improvements 1 o32io-EPAG-Ray White Road Widening Improvements Final Audit Report 2023-05-09 Created: 2023-05-03 By: Andrea Munoz(Andrea.Munoz@fortworthtexas.gov) Status: Canceled + Declined Transaction 10: CBJCHBCAABAADY6L_HTOR410HZR4AuKNmJLoV4wAj-a8 "1 Q327g-EPAG-Ray White Read Widening Improvements" Histe ry Document created by Andrea Munoz (Andrea. Munoz a@fortworthtexas.gov) 2023-05-03 - 1.-52:35 PM GMT- I address: 204. 10,90. 100 Document emailed to David Wallace (drwallace@mccarthy.corrl) for filling 2023-05-03 - 5.57:07 PM GMT Email viewed by David Wallace (drwaliace rnccarthy.com) 2023-05-03 - 9:06A6 PM GMT- IP address. 168.151.197.64 Form filled by David Wallace (drwallace a@mccarthy.com) Form filling Date: 2023-05-03 - 9:11.50 PM GMT - Time Source: server- IP address: 165,225,36.166 Document emailed to Jeromy Shaw ashaw@mccarthy.com) for signature 2023-05-03 - 9:11:56 PM GMT Document emailed to Alexiz.Rarnirez@fortwortlitexas.gov for filling 2023-05.03 - 9.11:56 PM GMT Document emailed to Alejandra.Ayala@fortworthtexas.gov for signature 2023-05-03-9.11-56 PM GMT Email viewed by Alejandra.Ayala@fortworthtexas.gov 2023-05-03-9:22:41 PM GMT- IP address: 204. 10. 90100 Signer Alejandra.Ayala@fortworthtexas.gov entered name at signing as Alejandra Ayala 2023.05-03 - 9.23-05 PM GMT- IP address. 204.10,90.100 Document e-signed by Alejandra Ayala (Alejandra.AyalaCia fortworthtexas.gov) Signature Dale.. 2023-05-03 - 9:23.07 PM GMT - Time Source. server- IP address: 204.10.90.100 FORTWORTH, Pnoby Adobe Acrobat Sign Email viewed by Jeromy Shaw (}straw@mccarthy.com) 2023-05-03 - 9:45:27 PM GMT- IP address: 216.194.92.1041 . Document e-signed by Jeromy Shaw ashaw@mccarthy.com) Signature pate. 2023-05-03 - 9 45.55 PM GMT - Time Source. server- IP address: 165,225.34.151 Emaii viewed by Atexlz.Ramirez@fortworthtexas.gov 2023-05-04 - 9;03 13 PM GMT- IP address. 204.10,90.100 , Signer Alexiz.Ramirez@fortworthtexas.gov entered name at signing as Alexiz Ramirez 2023-05-04 - 9:03'31 PM GMT- IP address' 204,10.90.100 . Form filled by Alexiz Ramirez (Alexiz.Ramirez@fortworthtexas.gov) Form filling Gate. 2023-05.04 - 9:03:33 PM GMT - Tme Source. server- IP address. 204.10 90,100 Document emailed to Raul.LopezRoura@fortworthtexas.gov for filling 2023.05-04 - 9.0339 PM GMT Emaii viewed by Raul.LopezRoura@€ortworthtexas.gov 2023.05.05 - 4 33 00 PM GMT- I address. 204.10.90.100 Email viewed by Raul.LopezRoura@fortworthtexas.gov 2023-05.08 - 1.34:28 PM GMT- IP address: 204.10.90.100 Signer Raul.LopezRoura@fortworthtexas.gov entered name at signing as Raul E Lopez 2023-05-08 - 1:38:54 PM GMT- I address- 204.10.90.100 . Form filled by Raul E Lopez (Raul,LopezRoura@fortworthtexas.gov) Form Filling Gate: 2023.05-08 - 1.38'56 PM GMT - Time Source: server- IP address: 204.10 90.100 Document emailed to Lissette.Acevedo@fortworthtexas.gov for filling 2023.05.06 - 1:39 {31 PM GMT . Signer Lissette.Acevedo@fortworthtexas.gov fortworthtexas.gov entered name at signing as Lissette Acevedo, P.E 2023-05-08 - 4:02:07 PM GMT- tP address 204.10.90.100 t Form filled by Lissette Acevedo, P.E (Lissette.Acevedo@foltworthtexas.gov) Form filling Date. 2023-05-08 - 4:02:09 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Michael.Owen@fartworthtexas.gov for filling 2023-05-08 - 4:02:16 PM GMT Email viewed by Michael,Owen@fortworthtexas.gov 2023-05-08 - 5:54.13 PM GMT- IP address: 204.10,90.100 Signer Michael.Owen@fortworlhtexas.gov entered name at signing as Michael Owen 2023-05.08 - 5;55'10 PM GMT- I address: 204.10.90.100 FORT WORTH. Powered ny Adobe Acrobat Sign Form filled by Michael Owen (Michael.Owen@fortworthtexas.gov) Form filling bate: 2023-05-08 - 5:5512 PM GMT - Time Source: server- IP address. 204.10-90-100 Document emailed to Lauren.Prieur@fortworthtexas.gov for signature 2023-05-08 - 5.55:18 PM GMT Email viewed by Lauren.Prieur@fc)rtworthtexas.gov 2023-05-08-6;27-23 PM GMT- IP address. 108.209.194-42 , Signer Lauren.Prieur@fc)rtworthtexas.gov entered name at signing as Lauren Prieur 2023-05-08 - 6:27:43 PM GMT- IP address' 108.209.194-42 Document e-signed by Lauren Prieur (Lauren.Prieur@fortworthtexas.gov) Signature Dale: 2023-05-08 - &27:45 PM GMT - Time Source: server- IP address: 108,209,194.42 Document emailed to Priscilfa.Ramirez@fortworthtexas.gov for approval 2023.05-08 - 6:27:56 PM GMT Email viewed by Priscilla.Ramirez@fortworthlexas.gov 2023-05-08 - &50:54 PM GMT- IP address. 97.99.130,152 Document canceled by Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) 2023-05.09 - 4.14:06 PM GMT- IP address. 204.10,90.100 FOR f WORT H . powered by Adobe Acrobat Sign FORT WORTH.. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Agreement for Pre -Construction Manager & Construction Services for Ray White Road CPN: 103270 CSO: DOC#: Date: To: Name Department Initials Date Out 1 David Wallace CMAR - review z�// May 3, 2023 drwal la ce(cD.m ccarth y.com Jeromy Shaw -- CMAR ishawna mccarthv.com CMAR -signature L.ISL May 3, 2023 3. Alexiz Ramirez - Bus. Support TPW - review May 4, 2023 4. Alejandra Ayala - PM TPW - signature AL4 May 3, 2023 5. Raul Lopez - Program Mngr. TPW - review May 8, 2023 6. Lissette Acevedo - Sr. CPO TPW - review May 8, 2023 7. Michael Owen - Asst. Director TPW - review May 8, 2023 8. Lauren Prieur - Director TPW - signature May 8, 2023 9. Doug Black - Asst. City Attorney Legal - signature `dwb May 12, 2023 10. William Johnson - ACM ACM - signature May 15, 2023 11. Jannette Goodall CSO - signature ,S7LO May 15, 2023 12. TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first Once the ACM has signed the routing slip, David will review and take the next Steps NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: C; As Requested c For Your Information X Signature/Routing and or Recording c Comment c Fife Attach Signature, Initial and Notary Tabs Return To: TPW Contracts a()fortworthtexas.gov at ext. 7233 for pick up when completed.