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HomeMy WebLinkAboutContract 61867CSC No. 61867 AGREEMENT FOR DESIGN -BUILD SERVICES For Extension of Everman Parkway City Project No. 103271 THIS AGREEMENT FOR DESIGN -BUILD SERVICES which INCLUDES DESIGN AND CONSTRUCTION SERVICES ("Agreement"), is made and entered into by and between the CITY of Fort Worth, a Texas municipality, {"CITY''} and Burns & McDonnell Engineering Company, Inc., a Missouri corporation authorized to conduct business in the State of Texas ("DESIGN -BUILDER"). CITY and DESIGN -BUILDER may be referred to herein as a "Party" or the "Parties". WHEREAS, CITY desires to procure Design -Build services from DESIGN -BUILDER, which consists of Design and Construction Services, and DESIGN -BUILDER possesses experience, knowledge and technical resources to provide such services, for the design, construction and construction management for the Extension of Everman Parkway project (City Project No. 103271) (the "Project"); and WHEREAS, the CITY budget for the Project is $41,800,000.00. WHEREAS, the DESIGN -BUILDER, for the fees and costs described herein, is willing and able to undertake and provide the Design and Construction services and to be responsible for the overall completion of the Project for a Guaranteed Maximum Price ("GMP") to be established at approximately 70% design development during the Preconstruction Phase, upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, DESIGN -BUILDER agrees to provide Pre -Construction Phase Services as defined in Attachment B and further described in Attachment A to prepare the GMP Proposal; and WHEREAS, DESIGN -BUILDER agrees, that should a GMP be successfully negotiated, to perform Construction Services as defined in Attachment B and described in Attachment A upon CITY's issuance of a Notice to Proceed with construction activities; and WHEREAS, the DESIGN -BUILDER agrees to be bound by and incorporate into its subcontracts, the applicable terms of the CITY's Standard General Conditions for a Design -Build Agreement ("General Conditions"), attached hereto as Attachment B; and WHEREAS, capitalized terms not specifically defined herein, including in any Attachment, shall have the meaning associated with those capitalized/defined terms as found in the OFFICIAL RECORD Design -Build — Model Agreement Page 1 of 15 CITY SECRETARY FT. WORTH, TX Evei-ruirn Ai kit cn D-rsign-Buihl 1D;,-1 General Conditions. Conflicting definitions shall be harmonized to obtain a meaning consistent with the intent of the Agreement and the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by CITY for the services to be rendered by DESIGN -BUILDER, and the covenants and promises to be carried out by each Party, the CITY and DESIGN -BUILDER hereby agree to perform the services described herein upon the terms and conditions set forth herein and in any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 — SERVICES A. DESIGN -BUILDER agrees to furnish all Preconstruction Phase and Construction Phase Services, as described in Attachments A and B and the Construction Documents to be developed. 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 DESIGN -BUILDER, Preconstruction Phase Services include development of a Guaranteed Maximum Price ("GMP"). 1. The DESIGN -BUILDER shall prepare design Drawings in sufficient detail and scope to clearly identify all major features of the Project. The CITY shall acknowledge, in writing, the Drawings prior to DESIGN -BUILDER commencing detailed design work resulting in final Construction Documents. 2. Pursuant to a mutually agreeable GMP, the DESIGN -BUILDER shall submit for the CITY'S approval revised Construction Documents reflecting any changes proposed by the CITY and accepted by the DESIGN -BUILDER prior to the submission of the final Construction Documents to the CITY. C. DESIGN -BUILDER agrees to furnish all Construction Services, as described in Attachments A and B and the Construction Documents to be developed, for the amount set forth in the GMP, as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. DESIGN -BUILDER may initiate Construction phase early works packages, such as clearing and grubbing, materials procurement or utility relocations, prior to final development of the GMP. Costs of early works packages shall be included in the GMP. ❑, The Construction Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN - BUILDER. Design -Build — Model Agreement Page 2 of 15 t:ti ��•rrrr��� P.ir,Ricr�� I�Ps7��-Rr►iitl 1A+"1 E. The DESIGN -BUILDER shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow DESIGN -BUILDER to perform the Work- F. The DESIGN -BUILDER shall provide final Construction Documents as agreed to upon acceptance of the GMP. DESIGN -BUILDER shall prepare and present the "as - built" or record set of construction documents for the Project prepared pursuant to Chapter 1001, Texas Occupations Code and the City's standard specifications at the conclusion of the Project. G. DESIGN -BUILDER warrants to CITY that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The DESIGN -BUILDER also warrants to CITY that ail materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. ARTICLE 2 -- COMPENSATION A. DESIGN -BUILDER'S compensation for providing Pre -Construction Phase Services shall be the amount of $2,195,464.00. B. DESIGN -BUILDER'S compensation for providing Construction Phase Services shall be in the amount of 3.5% of the Cost of Work for construction fee and 0.75% of the Cost of Work for general and administrative costs. which amount, in dollars. shall be included in the GMP. C. The amounts recited in sections A and B, above, collectively form the Design- B0der Fee. D. CITY may, by giving written notice at any time before the end of the Preconstruction Phase 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, DESIGN -BUILDER shall be paid for Work performed up to the date of termination in accordance with this Agreement. E. DESIGN -BUILDER Contingency - The GMP may include a Contingency for DESIGN-BUILDER's sole and exclusive use, with CITY's written approval, to cover those costs considered reimbursable as a Cost of Work but not included in a Change Order. Any unspent contingency funds shall be shared on a 50150 basis between DESIGN -BUILDER and CITY. F. Schedule Incentives to promote performance results by contractors may be established by CITY for the Construction Phase. During development of the GMP, DESIGN -BUILDER and CITY may determine an allowance amount, which will be a Design -Build — Model Agreement Page 3 of 15 Ei-1,1711001 PIra-A-WO-1 part of the GMP, to be used for schedule incentives. Any of these funds which remain unspent shall be returned to CITY. ARTICLE 3 — PAYMENT Payment by CITY to DESIGN -BUILDER is to be made as follows: A. DESIGN -BUILDER shall submit monthly an Application for Payment for Preconstruction Phase Services describing the work performed during the preceding month. All payment applications shall be subject to review by CITY to verify progress. B. DESIGN -BUILDER shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. All payment applications shall be subject to review by CITY to verify progress. C. The CITY shall make payment to DESIGN -BUILDER pursuant to Article 14 of the General Conditions, less 5% retainage, for Construction Phase Work. No retainage shall be held on DESIGN-BUILDER's Fee or Preconstruction Phase Services. DESIGN-BUILDER's Fee shall be shown as a line item in the Application for Payment. ARTICLE 4 — GUARANTEED MAXIMUM PRICE A. The Guaranteed Maximum Price proposal for the Project shall be presented to the CITY at the design development point identified above. B. Elements to be considered in the GMP include but are not limited to: 1. DESIGN -BUILDER'S Fee 2. Other Costs (overhead, Insurance and Bonding costs, etc.) as may be presented in the cost proposal 3. Design Phase Services fees and costs to progress the Project design from the agreed upon GMP design development point to an agreed upon, complete set of Construction Documents (Open Book) 4. Construction Costs (Open Book) 5. CITY Allowance and DESIGN -BUILDER Contingency Amounts C. After submission of the GMP Proposal, DESIGN -BUILDER and CITY shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. D. When established and accepted by CITY in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. Design -Build — Model Agreement Page 4 of 15 E. If CITY rejects the GMP proposal, CITY and DESIGN -BUILDER shall meet and confer as to how the Project may proceed, to include renegotiating the GMP or to affect a termination. ARTICLE 5 - CHANGES IN THE WORK The CITY, without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the Preconstruction Phase Services, Construction Phase Services, GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a mutually agreeable Change Order. ARTICLE 6 - PROJECT TIME AND LIQUIDATED DAMAGES Project Time shall not be longer than as indicated in the Project Schedule as developed by DESIGN -BUILDER and agreed to by CITY. DESIGN -BUILDER 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, the DESIGN -BUILDER shall achieve Final Acceptance of the Work, including all punch list Items, within sixty (60) days from the date of Substantial Completion. DESIGN -BUILDER 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. DESIGN -BUILDER 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, DESIGN -BUILDER agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $1,300.00 for each day that expires after the expiration of the Project Time until such time as Final Completion of the entire Protect is issued by the CITY in writing. ARTICLE 7 - BUSINESS EQUITY The DESIGN -BUILDER must comply with its MWBE Utilization Plan submitted in its response to the RFP and meet a participation goal of 15% for Preconstruction Phase Services and meet the participation goal of 15% for the Construction Phase Services of this Project - Design -Build — Model Agreement Page 5 ❑f 15 Eixro ►rrrr PoArivali De�sfgu-Bidld 10 "1 ARTICLE S - 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 DESIGN -BUILDER shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, design, pre -construction, construction and other services and materials furnished under this Agreement. Qualified, licensed design professionals employed by the DESIGN -BUILDER or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. This Agreement does not establish or create any legal or contractual obligations between the CITY and the design professionals employed by the DESIGN -BUILDER, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement. B. MUTUAL OBLIGATIONS. DESIGN -BUILDER and CITY agree to fully cooperate with each other in providing to each other information available, and in facilitating the Wort within the scope of this Agreement. CITY shall, throughout the performance of the Construction Work, cooperate with DESIGN -BUILDER and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with DESIGN -BUILDER'S timely and efficient performance of its obligations under the Contract Documents. The CITY shall cooperate and provide reasonable assistance to the DESIGN -BUILDER in obtaining the permits, approvals, and licenses that are DESIGN -BUILDER'S responsibility to obtain. C. GENERAL CONDITIONS. Attachment B contains the CITY's General Conditions applicable to this Project. DESIGN -BUILDER is expected to have reviewed and hereby agrees to comply with said General Conditions, including incorporating same into any contractor's or subcontractor's contracts, as applicable. D. PROJECT PROGRESS. DESIGN-BUILDER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. ASSIGNMENTS. DESIGN -BUILDER shall not assign its interest in this Agreement without the written consent of the CITY. DESIGN -BUILDER may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the CITY in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. F. PERSONNEL. DESIGN -BUILDER, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of DESIGN -BUILDER), now has or will secure at its own expense, personnel required to perform the services Design -Build — Model Agreement Page B of 15 Evermost Pnrkit-m- Design-Roolld 10271 under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the CITY. DESIGN -BUILDER acknowledges responsibility for all federal, state, and local requirements for employers that apply to DESIGN -BUILDER. G. EXTENT OF AGREEMENTINO THIRD PARTY RIGHTS. The CITY and DESIGN - BUILDER agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the CITY and DESIGN -BUILDER and not for the benefit of any third party. The CITY and DESIGN -BUILDER agree that there are no third -party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondeat superior shall not apply. H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, documents, and other work products of the DESIGN - BUILDER 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 DESIGN -BUILDER 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. DESIGN -BUILDER shall 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 B of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. DESIGN-BUILDER's opinions of probable cost are to be made on the basis of DESIGN-BUILDER's experience and qualifications and represent DESIGN-BUILDER's judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. DESIGN -BUILDER COVENANTS THAT IT HAS READ, UNDERSTANDS AND AGREES TO THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. SURETY BONDS. The DESIGN -BUILDER shall furnish the required performance, payment and maintenance bonds as provided by the General Conditions. N. CITY NON -APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the CITY to make payments to the Design -Build — Model Agreement Page 7 of 15 Biwrir wr PSrwkii-:7v Design -Build 103: —1 DESIGN -BUILDER 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 DESIGN -BUILDER for the payments. 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. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to DESIGN-BUILDER's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by DESIGN -BUILDER consistent with CITY'S normal business practices. C. Secure and execute all necessary permanent easements, and permanent 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. ARTICLE 10 — AMENDMENTS This Agreement may only be amended in writing and agreed to by both Parties. ARTICLE 11 - EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and DESIGN -BUILDER 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 DESIGN -BUILDER respecting this Project. This Agreement will be binding upon and inure to the benefit of CITY and DESIGN -BUILDER and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions Paragraph 6.06, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted Design -Build — Model Agreement Page 8 of 15 Evennan Parkicm, Do-ig;i-Sui1d 11)3 "1 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. DESIGN -BUILDER 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. DESIGN -BUILDER 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. The Dispute Resolution process found in Article 15 of the General Conditions shall be followed prior to initiating litigation. 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 DESIGN -BUILDER or CITY in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. I:L'�iL*I��iC��L11►1�:� 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. 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; Design -Build — Model Agreement Page 9 of 15 Eivwrrrnr Parkiiwv D xi�n!-Blrilr� Lauren Prieur, P.E. Director, Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 817-392-1234 Lauren. Pricur@fortworthtexas.gov With Copy to: Bradley Radovich, P.E. Transportation and Public Works Department 200 Texas Street Fort Worth, TX 76102 817-392-7817 Bradley. Radovich @fortworthtexas, g ov Douglas W Black Sr. Assistant City Attorney 200 Texas Street Fort Worth, TX 76102 817-392-7615 Douglas. Black@fortworthtexas.gov All notices to DESIGN -BUILDER shall be addressed as follows: Andrew W. Reid, P.E. Principal/Project Manager Burns & McDonnell Engineering Company, Inc. 13737 Noel Road, Suite #700 Dallas, Texas, 75240 630.715.6947 awreid @tau rnsrncd.com ARTICLE 18 — PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL DESIGN -BUILDER, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if DESIGN -BUILDER 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 (2y will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, DESIGN - BUILDER certifies that DESIGN-BUILDER's representative's signature provides Design -Build — Model Agreement Page 10 of 15 10+_ '1 written verification to the City that if Chapter 2270, Texas Government Code applies, DESIGN -BUILDER: (1 ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. ARTICLE 19 — IMMIGRATION NATIONALITY ACT DESIGN -BUILDER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9) for employees working within the United States or other documentation as may be required by CITY to confirm eligibility to work on Project. Upon request by CITY, DESIGN -BUILDER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. DESIGN -BUILDER shall adhere to all Federa) and State laws as well as establish appropriate procedures and controls so that no services will be performed by any DESIGN -BUILDER employee who is not legally eligible to perform such services. DESIGN -BUILDER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DESIGN -BUILDER, DESIGN-BUILDER's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to DESIGN -BUILDER, shall have the right to immediately terminate this Agreement for violations of this provision by DESIGN -BUILDER. ARTICLE 20 — Prohibition on Boycotting Energy Companies DESIGN -BUILDER acknowledges that in accordance with Chapter 2276 of the Texas Government Coder 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 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, DESIGN -BUILDER certifies that DESIGN-BUILDER's signature provides written verification to the City that DESIGN -BUILDER: (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 ❑ESIGN-BUILDER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $1 d6,000 or more which will be paid wholly or Design -Build — Model Agreement Page 11 of 15 Eve:rwan PuAwm- De•sigri-Budd 163: _J 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, DESIGN -BUILDER certifies that ❑ESIGN-BUILDER'S signature provides written verification to the City that DESIGN -BUILDER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 22 - AUTHORITY TO SIGN DESIGN -BUILDER shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the DESIGN -BUILDER. ACCORDINGLY, City and ❑ESIGN-BUILDER have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). DESIGN -BUILDER Burns & McDonnell Engi ing C an , I c By. Nafne: p ul Fis her, P.E. Title: Chie or) Officer Date: By CITY: Approved as to Form and Legality fj> Douglas Black (Aug 14, 202413:55 CDT) Douglas W. Black Sr. Assistant City Attorney Design -Build - Model Agreement CITY OF FORT WORTH: By: ov v Jesica McEachern Assistant City Manager Date: Aug 20, 2024 Approval Recommended: Lauren Prieur (Aug 13, 202419:56 CDT) Lauren Prieur Director, Transportation and Public Works Department OFFICIAL RECORD Page 12 of 15 CITY SECRETARY FT. WORTH, TX Eivrman Fni 4-1s m- Design -Build 103_ 71 M&C. 24-0386 Date: 5-14-2024 Contract Compliance Manager: By signing, I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. .,t.4L.4--V�c Name Title TPW Department 44U0n� ATTEST. p I °-.P Pvo=d Ppa* o°° °o*�a as fj xs Il� �'EXASo4G �nnoado Jannette S. Goodall City Secretary Design -Build - Model Agreement Page 13 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Eve)7wor Porktvin- L)nsign-BoNd 103,-1 ATTACHMENT A Design -Builder's Pre -Construction Services Scope of Work and Cost Proposal ❑esign-Build - Model Agreement Page 14 of 15 b erjuni+ Park- w'm- DR5 (N-Build 1032'J ATTACHMENT A EXTENSION OF EVERMAN PARKWAY CITY PROJECT NO,: 103271 ATTACHMENT A EXTENTION OF EVERMAN PARKWAY CITY PROJECT NO.; 103271 WORK TO BE PERFORMED — PRE -CONSTRUCTION PHASE SERVICES The DB Contractor will provide the following Pre -Construction Phase Services- 1. Provide a Project Manager, all Key Personnel and all other associated personnel necessary to fully meet the DB Contractor 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 City, Owner's Advisor or others as needed; 4, Provide Insurance for the Pre -Construction Phase; 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 the Pre -Construction Phase: 7. Provide design services to include drawings and specifications and other design documents as necessary for construction of the Project: 8. Provide 30% and 70% milestone design deliverables, and coordinate design review workshops with the City and Owner's Advisor, and document incorporation of comments from said reviews; 9. Perform and document constructability reviews to address constructability issues of the design documents, plans and specifications; 10. Provide written reports and recommendations on design packaging and construction sequencing to advance construction, and address supply chain/material availability risks; 11. Devebp and maintain a real-time, open -book cost model of the Project, updated with each design milestone leading to the submission of a Guaranteed Maximum Price Proposal; 12. Incorporate the City's standard specifications and provisions relating to quality, safety, Community, and environmental factors into design documents and construction phase plans; 13. Identify, evaluate and propose alternatives to reduce schedule, reduce costs. or otherwise will improve the Project for the City. Provide cost/benefit analysis of alternatives to the City for approval prior to incorporation in the GMP; City of Fort Wortn, Texas Attachment A PMO Release Date 07.23-2012 Page 1 of 2 Ei-e#7na►i Parkwun-Drsl8ii-Build 103"1 ATTACHMENT A EXTENSION OF EVERMAN PARKWAY CITY PROJECT NO,: 103271 14, Develop for review an emergency/site safety plan and a quality management ptan that complies with the Contract Documents. Develop for review a Quality Assurance/Quality Control (QAIQC) program to outtine continuing attention to the production and installation of fit for purpose Work; 15. Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling ogler environmental issues (dust, on site chemicals and fuel, etc.)i required to comply with permits and regulations applicable to the Project, 16, 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 DB Contractor may provide in the GMP for additional SUE investigations to improve the adequacy and completeness of the site condition information; 17. Create or utiiize contract documents that are sufficiently clear and detailed to minimize ambiguity and scope interpretation during Construction Phase; 18. At a mutually agreeable design percent complete, provide a complete, detailea, written GMP Proposal, resource loaded baseline schedule with anticipated cash flow, line item cost breakdowns with conditions and assumptions and DB Contractor Contingency. Provide open book pricing including raw costs, markups, adjustments and conditioning or other cost data for DB Contractor, or DB Contractor's subcontractors if requested by the City, 19. Attend, prepare, and lead meeting with City and Owner's Advisor to present GMP Proposal. ❑B Contractor shall negotiate in good faith with City staff on GMP Proposal. COST PROPOSAL — PRE -CONSTRUCTION PHASE SERVICES The DB Contractor compensation for providing Pre -Construction Phase Services shall be the amount of $2.195.464.00. CRy aE Fort Worth. Texas ,E11f -17rns NALl n, Aniri-B►,[ld Attachment A f Q� i �1 Page 2 of 2 ATTACHMENT B Standard General Conditions for a Design -Build Contract Design -Build - Model Agreement Page 15 of 15 E►mnati Parkivm, Dr3Fgrs-Brtfld 10327) ATTACHMENT B. STANDARD GENERAL CONDITIONS FOR THE DESIGN - BUILD AGREEMENT CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 1 of 72 May 2424 Euen girt Par brat Desrgir-Build 103277 STANDARD GENERAL CONDITIONS FOR THE DESIGN -BUILD CONTRACT TABLE OF CONTENTS Page ATTACHMENTS.............. ............................................................ __................................................. I ... ...1 Page....... .................................................. ....... ................................. ............................................................. 2 ARTICLE 1: DEFINITIONS AND TERMINOLOGY........................................................................................7 1.01 Defined Terms...............................................................................................................................7 1.02 Terminology.....................................-.........................................................................................13 ARTICLE 2: PRELIMINARY MATTERS AND DESIGN -BUILDER PRECONSTRUCTION ANDDESIGN SERVICES................................................................................................................................ 14 2.01 General Services.-....................................................................................................................... 14 2.02 USE OF REGISTERED PROFESSIONALS FOR DESIGN SERVICES....................................................16 2.03 PrECONSTRUCTION Phase Services .................................. ................................. I ....... I ................ 16 2.04 Copies of Documents..................................................................................................................17 2.05 Commencement of Contract Time; Notice to Proceed...............................................................17 2.05 Starting the Work ................... ........ .......... ..................................... .......................................... _..17 2.07 Before Starting Design, Project Schedule ................................ ....................17 ............................... 2.08 Before Starting Construction, Baseline Schedules..................................................................... 17 2.09 Preconstruction Conference.......................................................................................................18 2.10 Public Meeting............................................................................................................................18 ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE.....................................................18 3.01 INTENT........................................................................................................................................ 18 3.02 Reference Standards.... ... __ ........................................................................................................ 18 3.03 Discrepancies .................. ............... ............... .................................. .......................... I................. 19 3.04 Amending and Supplementing Contract Documents.. ................................................................. 19 3.05 Reuse of Documents...................................................................................................................20 3.05 Electronic Data............................................................................................................................20 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 7 of 72 May 2024 Everman Parknvgv DYsIgr-Brrihl 1032'1 ARTICLE 4: AVAILABILITY OF LANDS; 5UBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................20 4.01 Availability of Lands....................................................................................................................20 4.02 Subsurface and Physical Conditions............................................................................................21 4.03 Differing Subsurface or Physical Conditions................................................................................21 4.04 Underground Facilities................................................................................................................22 4.05 Reference Points.. ....................................................................................................................... 23 4.06 Hazardous Environmental Condition at Site...............................................................................23 ARTICLE 5: INDEMNITY, BONDS AND INSURANCE.................................................................................25 5.01 Design -Builder's Indemnification... .................................... ........................... ........................ 25 5.02 performance, payment, and maintenance Bonds........................................................................25 5.03 CONSEQUENTfAL DAMAGES.......................................................................................................26 5.04 Certificates of insurance..............................................................................................................26 5.05 Categories of Insurance..............................................................................................................28 5.06 Insurance Requirements............................................................................ 29 5.07 Acceptance of Bonds and Insurance; Option to Replace............................................................. 31 ARTICLE 6: DESIGN -BUILDER'S RESPONSIBILITIES.................................................................................32 6.01 Supervision and Superintendence.............................................................................................32 6.02 Labor; Working Hours.................................................................................................................32 6.03 Services, Materials, and Equipment............................................................................................32 6.04 Project Schedule.........................................................................................................................33 6.05 Concerning Subcontractors, Suppliers, and Others....................................................................34 6.06 Wage Rates................................................................................................................................35 6.07 Patent Fees and Royalties........................................................................................................... 37 6.08 Permits and LICENSES.................................................................................................................37 6,09 Laws and Regulations..................................................................................................................38 6.10 Taxes........................................................................................................................................... 38 6.11 Use of Site and Other Areas........................................................................................................ 38 6.12 Record Documents .......... ........... ............. ........ .............. ........ ....... ..... .... ......... I- ... ... ......... I ........ 39 6.13 Safety and Protection..................................................................................................................40 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 3 of 72 May 2024 Frer•rnem Park -um- Design-BiWd 10.3_ '1 6.14 Safety Representative.................................................................................................................40 6.15 Hazard Communication Programs..............................................................................................40 6.16 Emergencies and/or Rectification...............................................................................................41 6.17 Submittals and Samples..............................................................................................................41 6.18 Continuing the Work...................................................................................................................43 6.19 Design -Builder's General Warranty and Guarantee...................................................................43 6.20 Professional Design Services.......................................................................................................44 6.21 Right to Audit..............................................................................................................................45 6.22 Nondiscrimination.......................................................................................................................45 ARTICLE 7: OTHER WORK AT THE SITE..................................................................................................46 7.01 Related Work at Site....................................................................................................................46 7.02 Coordination...............................................................................................................................46 ARTICLE 8: CITY'S RESPONSIBILITIES...... ...... ........ ........ ­1 ............ ........ ............... ....... .................. _ 47 8.01 Communications to Design-Builder............................................................................................47 8.02 Furnish Data............................................................................... ..47 8.03 Pay When Due.............................................................................................................................47 8.04 Change Orders .................. ........... ....I .... ....................... .,........................ ........................... ......... 47 8.05 Inspections, Tests, and Approvals...............................................................................................47 8.06 Limitations on City's Responsibil[ties ..........................................................................................47 8.07 Undisclosed Hazardous Environmental Condition......................................................................47 ARTICLE 9: CITY'S OBSERVATION STATUS DURING CONSTRUCTION....................................................47 9.01 City's Project Representative ........... ........ ............ ................ ................................. ,.............. .......... 47 9.02 Visits to site .................................................... .............................................................................48 9.03 Authorized Variations in Work....................................................................................................48 9.04 Rejecting Defective Work. ........ ......................................................................... .................... 48 ARTICLE 10: CHANGES 1N THE WORK; CLAIMS; EXTRA WORK.................................................................48 10.01 Authorized Changes in the Work.. .............................................................................................. 48 10.02 Unauthorized Changes in the Work............................................................................................49 10.03 Execution of Change Orders........................................................................................................49 10.04 Extra Work...................................................................................................................................49 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 4 of 72 May 2024 F►'enomij Prariwav Dr'si +�-B►rrid 10.05 Notification to Surety..................................................................................................................49 10,06 Contract Claims Process......................................................................................50 ARTICLE 11: COST OF WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT... SO 11.01 Cost of Work................................................................................................................................ 50 11.02 Contingency................................................................................................................................ 56 11.03 ALLOWANCE................................................................................................................................56 ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 57 12.01 Design -Builder's Fee....................................................................................................................57 12.02 Change of GMP.......................................••...................................................................................57 12.03 Change of Contract Time............................................................................................................. 57 12.04 Delays..... ............ ....... ................... ........................................................................................57 ....... ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 58 13.01 Notice of Defects......................................................................................................................... 58 13.02 Access to Work....,....................................................................................................................... 58 13.03 Tests and Inspections..................................................................................59 13.04 Uncovering Work........................................................................................................................ 59 13.05 City May Stop the Work .......... ............. ............. ............ ......................................... .................. ... 60 13.06 Correction or Removal of Defective Work..................................................................................60 13.07 Correction Period........................................................................................................................ 60 13.09 Acceptance of Defective Work....................................................................................................61 13.09 City May Correct Defective Work............................................................................................... 61 ARTICLE 14: PAYMENTS TO DESIGN -BUILDER AND COMPLETION..........................................................62 14.01 Schedule of Values......................................................................................................................62 14.02 CONSTRUCTION Progress Payments........................................................................................... 62 14.03 Design -Builder's Warranty of Title............................................................. 14.04 Partial Utilization.. ... ............ .......... ...... ............. _ .................................................. .................. 64 14.05 Final Inspection........................................................................................................................... 65 14.06 Final Acceptance......................................................................................................................... 65 14.07 Final Payment..............................................................................................................................65 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS May 2024 Page 5 of 72 Ever- al? P(wk1vg1 bt?sign-Adld Ina_ -1 14.08 Final Completion Delayed and Partial Retainage Release...........................................................65 14.09 Waiver of Claims.......................................................................................... 66 SUSPENSION OF WORK AND TERMINATION...............................................................................................67 14.10 City May Suspend Work.............................................................................................................. 67 14.11 City May Terminate for Cause.....................................................................................................67 14.12 City May Terminate For Convenience ..................... .... 69 14.13 City May Terminate For Convenience for failure to agree on Guaranteed maximum price for thework......................................................................................................................... ..................... ...71 ARTICLE 15. DISPUTE RESOLUTION......................................................................................................... 71 15.01 Methods and Procedures.............................................•--............................................................71 ARTICLE 16: MISCELLANEOUS..................................................................................................................71 16.01 Giving Notice...............................................................................................................................71 16.02 Computation of Times.................................................................................................................72 16.03 Cumulative Remedies.................................................................................................................72 16.04 Survival of Obligations................................................................................................................. 72 16.05 Headings—. ......... ....... ................................................72 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 6 of 72 May 2024 Evei- mi Pakitwv Desi.glr-breed l !0�"1 ARTICLE 1. DEFINITIONS AND TERMINOLOGY 1.01 DEFINEDTERMS 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 fisted -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 Responses or Proposals which clarify, correct, or change the requirements or the proposed Contract Documents. 2. Agreement —The written instrument memorializing the understanding between City and Design -Builder regarding prosecution of the Work. 3. Aiiawance —Funds, if any, reserved unto the Project by the City for City's use. 4. Architect— A Licensed, independent design professional pursuant to Texas Occupations Code Chapter 1051 et seq. selected by the Design -Builder based upon demonstrated competence and qualifications in accordance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder to provide architectural services required for the Project. 5. Application for Payment —The form acceptable to City which is to be used by Design - Builder 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. 7. 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. 8. Business Equity Ordinance - the City's Business Equity Ordinance 425155-10-2021 (City Code Chapter 20, Article X), as amended. 9. Calendar Day— A day consisting of 24 hours measured from midnight to the next midnight. 10. Change Order —A document, the form of which is prepared and approved by the City, which is signed by Design -Builder and City and authorizes an addition, deletion, or CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 7 of 72 May 2024 Eterrrurn Pari-icin-Derip-$udd 103 2 "1 revision in the overall Work or an adjustment in the G M P or the Contract Time, issued on or after the Effective Date of the Agreement. 11. 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 Design -Builder has entered into the Agreement and for whom the Work is to be performed. 12. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or duly authorized representative. 13. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 14. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or duly authorized representative. 15. Contingency— Funds, if any, reserved unto the Project by the City for Design Builder's use, subject to the approval of the City. 16. Construction Documents — The Drawings, Specifications and other documents prepared by the Design -Builder and reviewed by the City for sufficiency with the City's standard specifications and the construction scope of the Project. 17. Construction Services — The labor, materials, equipment, and services necessary to perform manage and deliver the construction of the Work in compliance with the Contract Documents. 18. Contract Claim — A demand or assertion by City or Design -Builder 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. 19. Contract Documents— The entire contract consisting of the Agreement Design -Builder's scope of Work and Cost Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifica;ly attached hereto or provided separately. Approved Submittals, other Submittals, and the reports and Drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by the City t❑ Design -Builder for the Work in accordance with the Contract Documents. 21. Contract Time —The number of days or the dates stated in the Agreement to: jij achieve Milestones, if any, and (ii) complete the Work so that it is ready for Final Acceptance. 22. Cost of Work— The included and excluded costs which Design -Builder shall consider when developing the Design -Builder's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details. 23. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City, or Design -Builder exclusive of a Contract Claim. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 8 of 72 May 2024 Ermvan ParkisM, LksIgn-build 103? rl 24. Day or dory— A day, unless otherwise defined, shall mean a Calendar Day. 25. Design -Builder— A partnership, corporation, or other legal entity that includes an engineer and a construction contractor(s) qualified to engage in civil works construction in Texas. 25. Defective Work- Any portion of the Work not in conformance with the Contract Documents. 27. Design -Builder Fee —The specific moneys payable by City to Design- Builder for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 28. Design Services — The labor, materials, equipment, and services necessary to perform the design of the Project, or the various separately identifiable parts thereof, under the Contract Documents. Design Services includes and is the result of performing or providing all labor, services, and documentation necessary to fully design the Project, to prepare Construction Documents, including any Change Order(s) or Field Orders}, all as required by the Contract Documents. Design Services does not include labor, services or documentation associated with construction Submittals or other project engineering work required for construction of the Work. 29. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 30. Director of Parks and Recreation Department —The officially appointed Director of the Parks and Recreation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents 31. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 32. 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 duly appointed representative, assistant, or agents. 33. Director of Water Department —The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 34. 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 Design -Builder. Submittals are not Drawings as so defined. 35. Early Works Package - Construction Documents developed for a portion of the Work to facilitate the overall Project schedule prior to acceptance of the Project GMP. 35. Effective Date of the Agreement —The date on which the Agreement is signed by the City Manager. 37. Engineer —The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., selected by the Design -Builder in accordance with Texas Government Code CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 9 of 72 May 2024 Eirrin Sri PaA rtvm, Design-8r►ild 1032,71 Chapter 2254, or furnished by licensed employees of the Design -Builder to provide engineering services required for the Project. 38. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or far other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 39. Field Order — A written order issued by Design -Builder, which may be on the recommendation of the 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 ❑rders is the responsibility of the Design -Builder and may be funded from Contingency funds, if any, or other funding sources incorporated into the Agreement. 40. Final Acceptance — The written notice given by the City to the Design -Builder that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 41. Final Inspection — Inspection carried out by the City to verify that the Design - Builder has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 42. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the: Design -Builder according to the Contract Documents and as approved by the City. 43. 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 exposed thereto. 44. Hazardous Waste — 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. 45. 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. 46. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 47. Liquidated Damages — A specified sum of money established in the Agreement 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 Design -Builder, not as a penalty, but to compensate for damages suffered by the City. 48. 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. 49. Business Equity Firm - An independent firm that is a certified MBE and or WBE with a Significant Business Presence in the City's Marketplace (see Business Equity Ordinance for additional definitions) CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 10 of 72 May 2024 EiTrwao Parktsvn i7esit*1►-B►►ilrJ !Oa?'I 50. MWBE Utilization Plan —The Design -Builder's plan to address the diverse MWBE goals) set by City for performance of the Work. 51. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 52. Notice to Proceed —A written notice given by City to Design -Builder fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the services specified in Contract Documents. 53. Open Book Price — The price of subcontracts and purchases, the Site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 54. Owner's Advisor — The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., to provide Owner with project management oversight assistance as required under Texas Government Code Chapter 2269. Owner's Advisor is independent of the Design -Builder. 55. PCBs —Polychlorinated biphenyls. 56. Petroleum —Crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 57. Plans —See definition of Drawings. 58. Preconstruction Services — The labor, materials, equipment, and services provided by Design -Builder to develop a Guaranteed Maximum Price Proposal and secure a Notice to Proceed for construction phase services. Preconstruction Services includes Design Services and any consultation or advisory services necessary to prepare acceptable Construction Documents, final Guaranteed Maximum Price Proposal and securing the Notice to Proceed for construction phase services. 59. Project —The Work to be performed under the Contract Documents. 60. Project Schedule —A schedule, prepared and maintained by Design -Builder, in accordance with the Contract Documents, descri bi ng 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. Procurement Documents — The Request for Qualifications, Request for Proposals, Design Criteria Package(s), Draft Contract and other such documents used in the procurement and selection of Design -Builder. 63. Proposal —The Design Builder's response to the RFP issued by the City to solicit a Design -Builder to design and build the Project or the documentation provided to City by CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 11 of 72 May 2024 rireint Pr?*%m•Deslg r-BFd1d I OJ: "1 Design -Builder to establish scope, cost and schedule terms for an Eady Works Package or the Project's Guaranteed Maximum Price. 64, Public Meeting — An announced meeting conducted by the City and/or Design -Builder to facilitate public participation and to inform the public of the Project. 65. 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. 66. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 67. Retainage — The amount of money, on a percentage basis, identified in the Agreement to be withheld by City from each of Design -Builder's construction progress payments. 68. Request for Proposals (RFP) — A request by the City issued to qualified Design -Builder Firms for Proposals to design and build the Project. 69. 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. 70. Schedule of Submittals —A schedule, prepared and maintained by Design -Builder, of required Submittals and the time requirements to support scheduled performance of related construction activities. 71. Schedule of VoWes—A schedule prepared and maintained by Design -guilder, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing Design -Builder's Applications for Payment. 72. Site —Lands or areas indicated in the Procurement Documents or 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 Design -Builder in furtherance of the Project. 73. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference. 74. Subcontractor —An individual or entity, at whatever tier, having a direct contract with the Design -Builder or with any other Subcontractor to the Design-Builderfor the performance of Work at the Site. 75. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Design -Builder and submitted to City by Design -Builder to illustrate some portion of the Work. Submittals are not part of Contract Documents. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 12 of 72 May 2024 E►► numy PrrrhmM- Driign-Bisilrl 1 V "1 76. 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. 77. Superintendent — The representative of the Design -Builder who is available at a I I times and able to receive instructions from the City and to act for the Design -Builder. 78. Supplementary Conditions —That part of the Contract Documents which amends or supplementsthese General Conditions. 79. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design -Builder, Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work. 80. 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. 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 labor, materials, equipment, and services necessary to perform the design, Preconstruction Services, Construction Services, and construction of the project, or the various separately identifiable parts thereof, 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 or reasonably inferable from 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 Design -Builder will permit the performance of the principal unit of Work. A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 13 of 72 May 2024 E1 Vi9 M"I Parkwm- Deslgir-SwId 103''1 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: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, install, Perform, Provide, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" 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 AND DESIGN -BUILDER PRECONSTRUCTION AND DESIGN SERVICES 2.01 GENERAL SERVICES A. Design -Builder's Representative shall be an employee of the Design -Builder, unless this requirement is waived in writing by the City, shall be reasonably available to City, and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with City and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder shall replace the Design - Builder's Representative upon City's request in the event the Design -Builder's Representative is unable to perform to City's satisfaction. B. Design -Builder shall provide City with a monthly status report detailing the progress of the Work, including whether tij the Work is proceeding according to schedule, jiij discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, jiiij health and safety issues exist in connection with the Work, and (iv) other items require resolution so as not to jeopardize Design -Builders ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Paragraph D. hereof, an initial schedule for the execution of the Work for City's review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when City information and CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 14 of 72 May 2024 D-0711,7n f'rrr4irat De_%ggn-Baiild 1032-f approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised by the preliminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. City's review of and response to the initial schedule shall not be construed as relieving ❑esign-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design -Builder's schedules shall identify the critical path for completing the Work. ❑. The parties will meet within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to Submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design -Builder shall submit the following to City's Representative for City's review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design -Builder's Representative. 2. A Preliminary Schedule of Values for all of the Work. a. The Final Schedule of Values for the construction phase services portion of the Work will be approved at the time of City's acceptance of the GMP. This Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (III) serve as the basis for monthly progress payments made to Design -Builder throughout construction of the Work. b. The Initial Schedule of Values will include, but separately itemize, the services for the Preconstruction Phase Services from the cost of construction. Preconstruction Phase Services progress payments will be made to Design -Builder on a progress basis as defined herein. 3. A proposed Production Schedule for Preconstruction Phase Services in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design -Builder shall not substitute any Subcontractor, Sub -Subcontractor, key personnel or organization that has been accepted by City, unless the substitute has been accepted in writing by City. Design -Builder will provide City with a written request for any substitution or replacement stating the reason for the substitution or replacement, identification of the substitute or replacement Key Personnel and the qualifications and experience and references to demonstrate that substitute or replacement is equally or better qualified and experienced. The Design -Builder will be required to provide quality assurance and quality control services for Design Services and construction of the Work. Independent of those Design -Builder services, and in accordance with Texas law, the City will provide or contract for inspection services, testing of construction material engineering and verification testing services necessary for acceptance of the Project. The Design -Builder will be required to provide management for coordination of these services. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 15 of 72 May 2024 Evern►an Peo-ki Yar Desiget.8 1d 1 Q3.'I 2.02 USE OF REGISTERED PROFESSIONALS FOR DESIGN SERVICES Design- Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary Design Services, including architectural, engineering and other design professional services, for the preparation of the required Drawings, Specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. 2.03 PRECONSTRUCTION PHASE SERVICES A. Design -Builder and City shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that City may wish to review, which interim design submissions may include design criteria, Drawings, diagrams and Specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design -Builder and City shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design -Builder and provided to all attendees for review. Fallowing the design review meeting, City shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. B. Design -Builder shall submit to City Construction Documents setting forth in detail Drawings and Specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and City shall review and approve the Construction Documents in accordance with the procedures set forth Paragraph 2.03.A. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit ten sets of approved Construction Documents to City prior to commencement of construction. C. City's review and approval of interim design submissions and the Construction Documents is for the purpose of mutuatly establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither City's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to City. D. To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. These Early Works Packages must be agreed to in writing by the City and Design -Builder. Authorization to proceed with an Early Works Package will generally follow the procedures detailed in the Contract Documents for Guaranteed Maximum Price Proposal approval and Notice to Proceed, but will not terminate Preconstruction Services. All Early Works Package CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 16 of 72 May 2024 Eve1-im7#o Parkivmt D� iew s uIld -103:'1 construction authorizations will be captured in the final Guaranteed Maximum Price Proposal for the Project. E. For any Subcontractors or Suppliers not identified in Design -Builder's Proposal in response to the Project's Request for Proposals, Design -Builder will prepare a Subcontractor supplier selection plan and submit the plan to the City for approval. This Subcantractor selection plan shall identify those trades which must be pre -qualified for their respective portions of the Work and shall include the manner in which Design -Builder will select Subcontractors and Suppliers. F. Design -Builder will provide the Preconstruction Services described in Attachments to the Design Build Agreement. 2.04 COPIES OF DOCUMENTS City shall furnish to Design -Builder an electronic copy of the executed Agreement as it is embedded in the Contract Documents. Design -Builder shall furnish to City the Construction Documents and other supporting information necessary for inspection of the Work and preparation of the record documents as described herein in quantities and format as specified in the Supplementary Conditions. 2.05 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Time will commence to run on the day indicated in the Notice to Proceed for the appropriate phase of services. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement, acceptance of an Early Works Package Proposal or acceptance of the Guaranteed Maximum Price Proposal. 2.06 STARTING THE WORK Design -Builder shall begin compensable performance of the Preconstruction Services on the date when the Contract Time commences to run. No construction Work shall be done at the Site prior to the date on which the City approves the design of the Work, unless upon request of the Design -Builder and permission is specifically granted by the City through a Notice to Proceed. 2.07 BEFORE STARTING DESIGN, PROJECT SCHEDULE Design -Builder shall submit to City its Project Schedule in accordance with the Contract Documents within 14 days of starting Preconstruction Services. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City. 2.08 BEFORE STARTING CONSTRUCTION, BASELINE SCHEDULES Design -Builder shall submit t o City its baseline schedule in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 17 of 72 May 2024 £rca7omos Prwkivin- De-iip-Build I03''1 2,09 PRECONSTRUCTION CONFERENCE Before any Work at the Site is started, the Design -Builder shaiI attend a Preconstruction Conference. 2.10 PUBLIC MEETING Design -Builder may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 INTENT A. The Contract Documents, including the ❑rawings and Specifications developed under Preconstruction Phase Services, 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 include all information necessary for the proper execution and timely completion of the Work by Design -Builder. The Design -Builder will execute the Work described in and reasonably inferable from the Contract Documents as necessary to produce the results indicated by the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Construction Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City, D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Design -Builder shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross-referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Design -Builder. The Design -Builder 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 18 of 72 May 2024 bwwian Awli ni Deii Zvi-Sidld 103? I 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 the Effective Date of the Agreement 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, Design - Builder, or any of its 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 DISCREPANCIES A. Resolving Discrepancies: The following precedence of documents shall be used in resolving discrepancies within the Contract Documents. 1. Executed Change Orders to the Contract Documents shall take precedence over prior requirements of the Contract documents, including incorporation of provisions provided in the Design -Builder's Guaranteed Maximum Price Proposal or Early Works Package Proposals. 2. The Guaranteed Maximum Price Proposal shall take precedence over Early Works Package Proposals when Early Works Package Proposal provisions or Work are incorporated into the Guaranteed Maximum Price Proposal. 3. The Agreement shall take precedence over General and Supplementary Conditions. 4. Supplementary Conditions shall take precedence over General Conditions. 5. 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). 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 G M P or Contract Time, may be authorized, by one or more of the following ways: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 19 of 72 May 2024 �� �n�rar»r P,vr�li��rt• I1�srgir-$r�il�•1 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 5.17.D); or 3. City's written interpretation or clarification. 3.05 REUSE OF DOCUMENTS A. Design -Builder and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with City: (i) shall not 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, Owner's Advisor, or Engineer's or Owner's Advisor's sub -consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project for any other project without written consent of City and Engineer or Owner's Advisor, as applicable. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude Design -Builder 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 to Design -Builder, or by Design -Builder to City, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line, electronic document management and collaboration system. 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 promptly after becoming aware thereof, notify Design - Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design -Builder 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 24 of 72 May 2024 Eti+e►�►►st►► �r►r�i��nDe.ii�l►-nli►►tlr1 1n�ir1 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder 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 Design -Builder in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Design -Builder with a current statement of record legal title and legal description of the lands upon which the Work is to be performed or as -built and/or record drawings of any existing structures at the Site. C. Design -Builder 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: 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 Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder 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 Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Design -Builder, and safety precautions and programs incident thereto; or 2. any Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.03 ❑IFFERING SUBSURFACE OR PHYSICAL CONDITIONS A. Notice: If Design -Builder believes that any subsurface or physical condition that is uncovered or revealed either: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 21 of 72 May 2024 £irrrown Po kii-m_ - A,5i ii-&Wd 10J. "J 1. is of such a nature as to establish that any "technical data" on which Design -Builder is entitled to rely as provided in Paragraph 4.02 is materiaily inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs 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 Design -Builder shall, promptly 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 6.16.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Resign -Builder shall be entitled to an adjustment in the G M P and/or Contract Time if: 1. Design -Builder did not know of the existence of such conditions at the time Design - Builder made a final commitment to City with respect to GMP and Contract Time ; or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Design -Builder 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 Procurement Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following will be included in the Preconstruction Phase Services, and Design -Builder shall have full responsibility to account for Underground Facilities in the Work: 1. reviewing and checking all such information and data; 2. locating all Underground Facilities shown or indicated in the Procurement Documents or Contract Documents; 3. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and 4. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Procurement Documents or Contract Documents, Design - CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 22 of 72 May 2024 Eve'rnum Pt11'itway Ue'sig►i-Bi did J63 _l Builder shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.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. Design -Builder shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 REFERENCE POINTS A. Design -Builder shall provide engineering surveys to establish reference points for construction, which are necessary to enable Design -Builder to proceed with the Work. Design -Builder 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. Design -Builder shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Design -Builder shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. Design -Builder shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the Design -Builder. 4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder 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 Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design -Builder 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 23 of 72 May 2024 E►► nim Pat*u- , Dr.sipr-Hisild 1 {V_ 1 3. any Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Design -Builder 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 Procurement Documents or Contract Documents to be within the scope of the Work. Design -Builder shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Design -Builder, Contractor+ Subcontractors, Suppliers, or anyone else for whom Design -Builder is responsible. D. )f Design -Builder encounters a Hazardous Environmental Condition or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous Environmental Condition, Design -Builder shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.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 ❑r take corrective action, if any. When the Hazardous Environmental Condition has been rendered harmless — whether by the Design -Builder, City's separate remediation contractor, the work in the affected area shall resume upon written notice by the City to Design -Builder. For such verified Hazardous Environmental Conditions that Design -Builder encounters that are not within Design - Builder's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of any reasonable costs of shut -down, delay and restart. E. Design -Builder shall not be required to commence or resume Work in connection with such condition or in any affected area as described in Paragraph 4.06 C. or D. until after City has obtained any required permits related thereto and delivered written notice to Design -Builder: (i) specifying that such condition and any affected area is or has been rendered suitable for the commencement or resumption of Work; or �ii) specifying any special conditions under which such Work may be resumed. If after receipt of such written notice Design -Builder 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. To the fullest extent permitted by Laws and Regulations, Design -Builder 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 arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Design -Builder or by anyone for whom Design -Builder is responsible. Nothing in this Paragraph shall obligate Design -Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. G. The provisions of Paragraphs 4.02, 4.03, and 4.04 d❑ not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 24 of 72 May 2024 Fverrricin P'nriicov Desrp-Ruilrl 103:_1 ARTICLE 5: INDEMNITY, BONDS AND INSURANCE 5.01 ❑ESIGN-BUILDER'S INDEMNIFICATION DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS ❑WN 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, OR LICENSEES OF CITY. DESIGN -BUILDER 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 OFOR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANYAND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR LICENSEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO INDEMNIFY THE CITY FOR ITS SOLE OR CONCURRENT NEGLIGENCE. THE ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY ❑AMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSE❑ BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY, 5.02 PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS All bonds and insurance required by the Contract Documents t❑ be purchased and maintained by Design -Builder shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds ❑r insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. A. If a fixed contract amount or GM 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 Design -Builder shall, not later than the tenth day after the Design -Builder executes the Agreement or the City approves a change in construction budget through the GMP or a Change Order, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the Design -Builder will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the Design Services provided under the Agreement. The payment and performance bonds shall each be on a form acceptable to the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN-BUIL❑ PROJECTS Page 25 of 72 May 2024 Eirrmaf? Poo-kivar Design -Budd I W -1 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 Design -Builder to City prior to Final Acceptance of the Work. Maintenance bonds) 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 Design -Builder to that effect and the Design -Builder 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 Design -Builder 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, Design -Builder shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.D. 5.03 CONSEQUENTIAL DAMAGES Notwithstanding anything herein to the contrary, neither Design -Builder nor City shall be liable to the other far any consequential losses or damages, whether arising in contract, warranty, tort {including negligence), strict liability or otherwise, including but not limited to losses of use, profits, business, reputation or financing. 5.04 CERTIFICATES ❑F INSURANCE Design -Builder small deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, Acord (or equivalent) certificates of insurance which Design -Builder is required to purchase and maintain. A. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on ail liability policies. B. The Design -Builder'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. C. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. D. 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 - CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 25 of 72 May 2024 E»rmapi Farkwin• Desigl+-Beefid 103271 : VI 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. E. All applicable policies, where required, shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City and each additional insured identified in the Supplementary Conditions. F. 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 Design -Builder's obligation to maintain such lines of insurance coverage. G. 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. H. 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. 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 the City desires additional insurance coverage, and the City desires the Design -Builder to obtain such coverage, the Contract Price shall be adjusted through the Change Order processes articulated in the Contract Documents by no more than the cost of the premium for such additional coverage plus 10%. !. Any self -insured retention )SIR) in excess of $25,000.00 affecting required insurance coverage shall be approved by the City, and, if used by the Design -Builder, is the complete and total responsibility of the Design -Builder. Any failure to maintain SIR in strict accordance with the provisions outlined in City`s approval shall be deemed a material breach of the Contract by Design -Builder. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. K. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Agreement by Change Order. L City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements applying directly to Project CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 27 of 72 May 2024 Fremrais Pai-kit in_ - Dtstfr Bid)d I0J291 M. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.05 CATEGORIES OF INSURANCE A. Workers Compensation and Employers' Liability. Design -Builder 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 Design -Builder's performance of the Work and Design -Builder's other obligations under the Contract Documents, whether it is to be performed by Design - Builder, 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 or 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. 1. For construction projects that present a substantial completed operation exposure, the City may require the Design -Builder 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 Design - Builder, 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 28 of 72 May 2024 Everrumf Dr -sign -Build D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Design -Builder shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellotion. Design -Builder shall immediately notify City upon cancellation or other loss of insurance coverage. Design -Builder shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.06 INSURANCE REQUIREMENTS A. [design Services: 1. Design -Builder shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. a. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate b. 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. c. Worker's Compensation Coverage A:statutory limits Coverage B:$100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee d. Professional Liability $1,000,000 each claim limit $2,000,000 aggregate limit 2. Additional Insurance Requirements a. Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 29 of 72 May 2024 Eve two mi Peto*% ar Lire-si qit-Bufh1 1 03' 1 contractual Agreement and for Five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. b. Except for employer's liability insurance coverage under Design -Builder's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured an Design -Builder's insurance policies. c. Certificates of insurance shalt be delivered to the City's Project Manager at the address specified prior to commencement of Work. d. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. e. Each insurance policy shall be endorsed to provide the City a minimum thirty clays' 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. f. 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. g. 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. h. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. Design -Builder's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Design -Builder shall report, in a timely manner, to City's Project Manager any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Design -Builder's liability shall not be limited to the specified amounts of insurance required herein. B. Construction Phase: 1. 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: a. Workers' Compensation: Statutory limits CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -GUILD PROJECTS Page 30 of 72 May 2024 E. er►rrun De -Or -Build 1032 "1 Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit b, Commercial General Liabilitv, Commercial General Liability shall be on a per project basis covering the Design - Builder 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 "Urr coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of insurance. C. Automobile Liabilitv: A commercial business policy small 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 an a combined single limit basis. Spiit limits are acceptable if limits are at least: $250,000 Bodily Injury per person $500,000 Bodily Injury per accident $100,000 Property Damage 5.07 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Design -Builder in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Design - Builder in writing within 10 Business Days after receipt of the certificates [or other evidence requested}. Design -Builder shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Design -Builder does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Design -Builder 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 31 of 72 May 2024 Ewrown Prrrkiiin- Desigor-Build 1 [74."I ARTICLE 6: DESIGN -BUILDER'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE A. Design -Builder 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. Design -Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of design and construction. Design -Builder 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. B. At all times during the construction progress of the Work, Design -Builder shall assign a competent, English-speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Design -Builder's representative at the Site and shall have authority to act on behalf of Design -Builder. All communication given to or received from the Superintendent shall be binding on Design -Builder. C. Design -Builder shall notify the City 72 hours prior to moving on Site for the commencement of construction Work. 6.02 LABOR; WORKING HOURS A. Design -Builder shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Design -Builder small at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Design -Builder 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: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business days prior; 2. for Weekend Working Hours request must be made by noon of the preceding Thursday; 3, for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 SERVICES, MATERIALS, AND EQUIPMENT A. Unless otherwise specified in the Contract Documents, Design -Builder 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 at her facilities and incidentals necessary for the performance, required testing, start-up, and completion of the Work. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 32 of 72 May 2024 Evmhm Parkirtn Design -Build 1 fi4?'1 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Design -Builder shall furnish satisfactory evidence {including reports of required tests as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. Design -Builder shall collect written warranties as defined in the Contract Documents from manufacturers, as well as all equipment manuals, and deliver them to the City for the City's use. To the extent that products, equipment, systems or materials incorporated into the Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the City's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of the Agreement, unless otherwise specified. 6.04 PROJECT SCHEDULE A. Design -Builder agrees to commence design and construction in a timely manner to achieve Substantial Completion of the Worst within the specified Contract Time. Design -Builder shall provide all necessary design and 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 and shall adhere to the Project Schedule established as provided below. 1. Design -Builder shall submit to City for acceptance proposed adjustments in the. City's Master Project Schedule. Such adjustments will comply with any provisions of the Contract Documents applicable thereto. 2. Design -Builder shall develop, and submit to the City for approval, an initial and baseline schedule of the entire Project at the beginning of Preconstruction Phase Services to guide the design process. This schedule shall use critical path methodology and follow the City's guidance for project schedules but is not required to be cost or resource loaded. This schedule shall be maintained and updated by the last day of each month throughout the Preconstruction Phase Services and become the basis for the construction phase baseline schedule. 3. The Design -Builder's construction phase baseline schedule will be submitted to the City for approval and will comply with the following requirements; a. The schedule will be based on the defined scope of work, which will be presented utilizing the City's work breakdown structure and milestone standards, and will follow critical path methodology. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 33 of 72 May 2024 Ein7mor Pa?*wgv Design -Build 103271 b. The schedule will align with the City's requirements for project schedules and will be cost loaded to reflect Design -Builder's plan for execution. c. The overall schedule duration will align with the contractual requirements as defined in the Guaranteed Maximum Price Proposal. d. The Project number and name of the Project is required on each schedule and must match the City's Project data. e. Design -Builder will utilize the relevant sections from the City's templates, as applicable, as the basis for creating the schedule. Specifically, the Design -Builder's schedule will align with the layout of the construction section in the City's templates. f. The schedule will use the City's standard calendar, which is based on a 5-day workweek and accounts for the City's standard holidays. Variations between the City's calendar and the Design -Builder's calendar must be resolved prior to the City's acceptance of the baseline Project Schedule. g. Schedule activities will be broken down into sufficient detail to adequately describe the activity and manage Design -Builder and City requirements associated with the activity. No activities shall exceed 20 Working Days without prior approval of City. 4. Design -Builder shall submit to City a monthly Project Schedule update (referred to as a progress schedule) by the last day of each month for the duration of the Agreement in accordance with the following provisions: Schedule shall capture the following items to ensure proper status information is available for review: 1) baseline start date, 2) baseline finish date, 3) percent complete, 4) float, 5) activity logic (dependencies), 6) critical path, 7) activities added or deleted, S) expected baseline finish date, 9) variance to the baseline finish date. b. Design -Builder shall also submit a written status report (referred to as a progress narrative) at the monthly progress meeting (if monthly meetings are held) or at the end of each month to accompany the progress schedule submittal. The content of the progress narrative should be concise and complete to comply with the City's standards far progress narratives and only include changes, delays and anticipated problems. S. 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. Within 10 Days of execution of a Change Order, Design -Builder shall update the baseline Project Schedule to address approved time extensions specifically included in the Change Order. This baseline Project Schedule will become the basis for all following updated Project Schedules. 6,05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Business Equity Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Business Equity Firms in the procurement of goods and services CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 34 of 72 May 2024 Eirnpron Nni4h+-an,,0rs1gnBidJd Jai"J pursuant to the Business Equity Ordinance. if the Contract Documents provide for a goal, Design -Builder is required to comply with the City's Business Equity Ordinance by doing the following: 1. Design -Builder shall provide complete and accurate information regarding actual work performed by Business Equity Firms and pay merit therefor, 2. Design -Builder's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize City to withhold future payments and/or reject future bids from the Design -Builder until compliance with the Business Equity Ordinance is attained. 3. Design -Builder will not make additions, deletions, or substitutions of accepted Business Equity 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. 4. Des ign-Builder shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Design -Builder that will substantiate the actual work performed by Business Equity Firms. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 14.11.A. Any such misrepresentation may subject Design -Builder to disciplinary action in accordance with the procedures outlined in the Business Equity Ordinance. B. Design -Builder shall be fully responsible to City for all acts and omissions of the Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Design -Builder is responsible for Design -Builder's own acts and omissions. Nothing in the Contract Documents shall: 1. create for the benefit of any such Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Design -Builder shall be solely responsible for scheduling and coordinating the Work of Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Design -Builder. D. All Engineer(s), Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Design -Builder. E. All Work performed for Design -Builder by a Subcontractor or Supplier will be pursuant to an appropriate Agreement between Design -Builder 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. 6,06 WAGE RATES CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 35 of 72 May 2024 E+rrrrrrrfi Pewihvm• Design -Build 143: 7 1 Duty to pay Prevailing Wage Rates. The Design -Builder 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. Design -Builder or any Subcontractor wh❑ 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 the Contract Documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. B. Complaints of Violations and City Determination of Good Cause. ❑n receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shalt notify in writing the Design -Builder or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Design -Builder or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. C. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the Design - Builder 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 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. ❑- Records to be Maintained. The Design -Builder and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show tij the name and occupation of each worker employed by the Design -Builder 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 6.21, Right to Audit, shall pertain to this inspection. E_ Posting of Wage Rates. The Design -Builder shall post prevailing wage rates in a conspicuous place at all times. F. Subcontractor Compliance. Design -Builder shall include in its subcontracts and/OF shall otherwise require all of its Subcontractors to comply with Paragraphs A through G. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 36 of 72 May 2024 Eivnnan R7rAtivsn- De_- i n-BN11r1 103 -J G. Affidavit. Design-Buiider shall submit an affidavit stating that the Design -guilder has complied with the requirements of Chapter 2258, Texas Government Code, related to paying prevailing wages during construction of the Work upon completion of the Project. 6.07 PATENT FEES AND ROYALTIES A. Design -Builder shall pay all license fees and royalties and assume ail costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling For the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Design - Builder from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Design -Builder 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 arbitration 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 specified in the Contract Documents. 6.08 PERMITS AND LICENSES A. Design-Bui(der obtained permits and licenses. Design -Builder shall obtain and pay for all construction permits and licenses except those provided for below or in the Supplementary Conditions. City shall assist Design -Builder, when necessary, in obtaining such permits and licenses. For permits where Design -Builder is the holder of the permit, Design -Builder shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the Effective Date of the Agreement, except for permits provided by the City as specified in Paragraph 6.08.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 far all permits and licenses as provided for below or in the Supplementary Conditions. It will be the Design -Builder's responsibility to carry out the provisions of the permit. If the Design -Builder initiates changes to the Work beyond the scope of any City -acquired permit, the Design -Builder is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Design -Builder for any cost associated with these additional requirements of any City -acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2, U.S. Army Corps of Engineers Permits 3. Franchise and Non -Franchise Utility permits and agreements CITY OF FORT WORTH STANDARD GENERAL COi IMTIONS FOR DESIGN -BUILD PROJECTS Page 37 of 72 May 2024 Eve) rrrrn Parkicav, De3ip-&Ilrl 1 D32'1 4. Texas Commission on Environmental Quality Permits 5. Railroad Company Permits and associated access requirements and agreements 6. Right of entry for properties associated with the Project. 6.09 LAWS AND REGULATIONS A. Design -Builder 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 Design -Builder's compliance with any Laws or Regulations. B. If Design -Builder performs any Work knowing that it is contrary to Laws or Regulations, Design -Builder 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, arbitration, or other dispute resolution costs) arising out of or relating to such Work. C. Changes in Laws or Regulations not known at the time of the execution of the Agreement 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. 6.10 TAXES A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Design -Builder may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Design -Builder in lieu of the tax shall be subject to and shall comply with the provision of State ComptrolIer's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information maybe obtained from - Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.11 USE OF SITE AND OTHER AREAS A. Limitation on Use of Site and Other Areas: Design -Builder 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. Design -Builder shall assume full CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 38 of 72 May 2024 Ei.yi-uwJi ParA-ivm- Desigu-Build I03 -1 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. At any time when, in the judgment of the City, the Design -Builder 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 Design -Builder to finish the section on which operations are in progress before work is commenced on any additional area of the Site. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, design -Builder shall promptly attempt to resolve the Damage Claim. Pursuant to Paragraph 5.41, Design -Builder 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. Removal of Debris During Performance of the Work: During the progress of the Work Design -Builder 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. Site Maintenance Cleaning: 24- hours after written notice is given to the Design -Builder that the clean-up on the job Site is proceeding in a manner unsatisfactory to the City, and if the Design -Builder 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 Design -Builder 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 Design -Builder. Final Site Cleaning: Prior to Final Acceptance of the Work, Design -Builder shall clean the Site and the work and make it ready for utilization by City or any affected adjacent property owner. At the completion of the Work, Design -Builder 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. Loading Structures: Design -Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design -Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 RECORD DOCUMENTS A. Design -Builder shall maintain in a safe place at the Site or in a place designated by the Design -Builder 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. Design -Builder shall include accurate locations for buried and imbedded items. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 39 of 72 May 2024 Ever►ompt Ptr►•ku qv Desig►i-A did 1 a3: 71 6.13 SAFETY AND PROTECTION A, Design -Builder 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 Subcontractor 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. Design -Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction of the Work. 6. Design -Builder 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. Design -Builder 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. Design -Builder shall comply with the applicable requirements of City's safety programs, if any. D. Design -Builder shall inform City of the specific requirements of Design -Builder'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 6.13.A.2 or 6.13.A.3 caused, in whole or in part, by Design -Builder, any Subcontractor, Supplier, or any other individual or entity employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design -Builder. F. Design -Builder'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. 6.14 SAFETY REPRESENTATIVE Design -Builder shall inform City in writing of Design -Builder's designated safety representative at the Site. 6.15 HAZARD COMMUNICATION PROGRAMS Design- Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 40 of 72 May 2024 Eii r-mats Pm-kwa� ' T tn. nii-Ruild 103 "1 5.15 EMERGENCIES AND/OR RECTIFICATION & In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design -Builder is obligated to act to prevent threatened damage, injury, or loss. Design -Builder shall give City prompt written notice if Design -Builder 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 Design - Builder in response to such an emergency, a Change Order may be issued. B. Should the Design -Builder 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 Design -Builder written notice that such work or changes are to be performed. The written notice shalt direct attention to the discrepant condition and request the Design -Builder to take remedial action to correct the condition. In the event the Design -Builder 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 farces 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 Design -Builder on the Project. 5.17 SUBMITTALS AND SAMPLES A. Construction Documents approved by the City shall include a listing of required Submittals and Samples to be provided by the design -Builder for construction of the Work. Design - Builder shall submit required Submittals and Samples to City for review and acceptance. Each submittal or sample shall be uniquely identified. 1. Prepare, prioritize and transmit Submittals in the required number and manner specified in the Supplementary Conditions sufficiently in advance of performing the related work or other applicable activities. No extension of time will be authorized because of Design - Builder's failure to transmit Submittals sufficiently in advance of the Work. 2. When submitting Submittals or Samples, utilize a 9-character submittal numbering system wherein the first six characters are the specification section number followed by two characters for sequential numbering (01-99) of each submittal or sample under that specification section and a final character indicating the resubmission of the same submittal (A = 2"0 submission, B = 3Id submission, etc.). 3. Design -Builder shall provide a certification on each submittal or sample transmitted documenting Design -Builder's review to determine and verify field measurements, field construction criteria, catalog numbers and similar data, and conformance with the Contract Documents. The certification shall include a statement including: a. The Design -Builder's Company name b. Signature of the submittal reviewer c. The following statement "By this Submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 41 of 72 May 2024 Ei,erirurrr Pm-knv v Deslgrr-Brifld JOB_ r1 dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved Submittals." 4. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Design -Builder proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.17.D. S. Notify the City in writing, at the time of submittal, of any deviations in the Submittals from the requirements of the Contract Documents. Submittals submitted as herein provided by Design -Builder and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 6. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Design -Builder from requirements shown on the Drawings and Specifications. 7. Far -Information -Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. B. Design -Builder shall submit required Samples to City for review and acceptance generally following the procedures identified under Paragraph 6.17.A and as required below. Each sample shall be uniquely identified. 1. Submit required number of Samples as specified in the Supplementary Conditions. 2. Clearly identify each sample as to material, Supplier, pertinent data such as catalog numbers, the use far which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.17.D. C. Where a submittal or sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Design-Builder- D. City's Review: 1. City will provide timely review of Submittals, with a target review timeline of five Business Days from confirmed receipt of a submittal. 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 scope requirements considered in the Contract Documents. 2. City will return Submittals and Samples to Design -Builder with one of four codes to document the City's review: "N❑ EXCEPTIONS TAKEN" is assigned when there are no notation or comments on the submittal. When a submittal or sample is returned under this code, the Design - Builder may release the items included in the submittal or sample for manufacture. b. "EXCEPTIONS NOTED" is assigned when a confirmation of the notations and comments IS NOT required by the Design -Builder. When a submittal or sample is returned under this code, the Design -Builder may release the items included in the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 42 of 72 May 2024 F►y"rimi Par•ibtav Detivi-Blrlirl !03271 submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and captured in the record documents. c. "EXCEPTIONS NOTED, RESUBMIT" is assigned when notations and comments are extensive enough to require a resubmittal of the package. When a submittal or sample is returned under this code, the Design -Builder may release the items included in the submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and a resubmittal to address all comments, omissions and non -conforming items that were noted is received by the City within 15 Calendar Days of the date of the City's transmittal requiring resubmittal. d. "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. When a submittal or sample is returned under this code, the Design -Builder must resubmit the entire package revised to bring the submittal into conformance with the Contract Documents prior to any release for manufacture. 3. All resubmittals will be handled in the same manner as initial Submittals. The City reserves the right to not review Submittals deemed partial or incomplete, at the City's discretion. 4, 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 assemNy in which the item functions. 5. City's review and acceptance shall not relieve Design -Builder from responsibility for any variation from the requirements of the Contract Documents unless Design -Builder has complied with the requirements detailed herein 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 Design - Builder from responsibility for complying with the requirements of the Contract Documents. 6. If the Design -Builder considers any correction indicated on a submittal or sample to constitute a change in the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. 6.18 CONTINUING THE WORK Except as otherwise provided, Design -Builder 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 Design -Builder may otherwise agree in writing. 6.19 DESIGN -BUILDER'S GENERAL WARRANTY AND GUARANTEE CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 43 of 72 May 2024 Ei rr+tmor PacobiYry Duly i-Rudd A. Design -Builder 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 Design -Builder's warranty and guarantee. B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Design -Builder, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Design -Builder is responsible; or 2. normal wear and tear under normal usage. C, Design -Builder'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 Design -Builder'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 by City; 6. any inspection, test, or approval by others; or 7. any correction of Defective Work by City. D. The Design -Builder shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any d i rect 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 Paragraph 5.02.C. The City will give notice of observed defects with reasonable promptness. 6.20 PROFESSIONAL DESIGN SERVICES A. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by Design -Builder's Engineer and design professionals. B. Pursuant to this Paragraph 6.20, 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 Procurement Documents or Contract Documents. City's review and acceptance of Submittals (except design calculations and design Drawings) will be only for the purpose stated in Paragraph 6.17.D. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 44 of 72 May 2024 E, c+7 m?f !'rntiLwoi Deyipt-Byillrl 6.21 RIGHT TO AUDIT & The Design -Builder 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 Design - Builder involving transactions relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be subject to audit. Design -Builder agrees that the City shall have access during Regular Working Hours to all necessary Design -Builder 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 Design -Builder reasonable advance notice of intended audits. B. Design -Builder further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractors} agree that the City shall, until the expiration of three (3) years after TinaI 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 sure 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. Design -Builder and its Subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Design -Builder 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. 6.22 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 Vl, Civil Rights Act of 1964 (the "Act") as amended: Design -Builder shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving federal assistance. C. Design -Builder, for itself, its personal representatives, assigns, Subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Design -Builder's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law, IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY DESIGN -BUILDER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, DESIGN -BUILDER AGREES TO ASSUME CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 45 of 72 May 2824 Evemnmo ParArkvtT r Dmigsi-Build 1"1 SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 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 Design -Builder shall be named as primary additional insured on such policies texcept workers compensation), and such policies shall include a waiver of subrogation in favor of Design -Builder. If such other work is not noted in the Procurement Documents or Contract Documents, then written notice thereof will be given to Design -Builder prior to starting any such other work. B. Design -Builder 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. Design -Builder 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. Design - Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design -Builder 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 Design -Builder's Work depends upon work performed by others under this Article 7, Design -Builder 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 Design - Builder's Work. Design -Builder's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Design -Builder's Work except far latent defects in the work provided by others. 7.02 COORDINATION A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2, the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided.. 4. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 46 of 72 May 2024 Ev rporctrr Pzrr•A-strtrDe sigrr•&gild ! 03: 7! ARTICLE 8: CITY'S RESPONSIBILITIES 8.01 COMMUNICATIONS TO DESIGN -BUILDER City shall issue all communications to Design -Builder. 8.02 FURNISH DATA City shall timely furnish the data required under the Contract Documents. 8.03 PAY WHEN DUE City shall make payments to Design -Builder 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, Design -Builder's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. B. City w01 notify the Design -Builder of any applicable City safety plans pursuant to Paragraph 6.13 and Paragraph 6.14, 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. Except as otherwise provided in these General Conditions, City shall issue all communications to Design - Builder through City's Project Representative. City's Project Representative shall be responsible for providing City -supplied information and approvals in a timely manner to permit Design - Builder to fulfill its obligations under the Contract Documents. City's Project Representative shall also provide Design -Builder with prompt notice, if it observes any failure on the part of CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 47 of 72 May 2024 Ei-e min PoAhvm, Dmign-Budd ! Ofi''1 Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. The Owner's Advisor to this contract may assist the City's Project Representative in carrying out the duties defined herein. 9.02 VISITS TO SITE A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction 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 8.05. 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 d❑ not involve an adjustment in the G M P 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 Design -Builder, 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, determines will not produce a completed Project conforming to the Contract Documents or 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. In the event rejected Work is subsequently found to be in general conformance with the Contract Documents, Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time. 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 anytime or from time to time, order Extra Work. Upon notice of such Extra Work, Design -Builder shall promptly proceed with the Work involved which will be performed under the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 48 of 72 May 2024 E►►ersunr NrhmM- De.sipt-Bisild 1 {V_ "1 applicable conditions of the Contract Documents {except as otherwise specifically providedy. 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 Design -Builder 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 6.16. 10,03 EXECUTION OF CHANGE ORDERS A. City and Design -Builder shall execute appropriate Change Orders covering: 1. changes in the Work which are: (I) ordered by City pursuant to Paragraph 10.01.A, (H) required because of acceptance of Defective Work under Paragraph 13.08 or City's correction of Defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 1BI0111111110 19416.1eILT110110A 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 Design -Builder shall proceed with the work after making written request for written ❑rders 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 Design -Builder shall furnish the City such installation records of all deviations from the original Contract Documents as may he 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 shalt be a full, complete and final payment for all costs Design -Builder 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 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 Design -Builder's CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 49 of 72 May 2024 Evermem Pai-Anrrn Design -Build 103:11 responsibility. The amount of each applicable bond will be adjusted by the Design -Builder to reflect the effect of any such change. 9411.1Kelm] aIaP W4U, 1101:ufl"V 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 Design -Builder of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: Written notice stating the general nature of each Contract Claim shall be delivered by the Design -Builder to City no later than 15 days after Design -Builder becomes aware of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 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 date Design -Builder becomes aware the event giving rise thereto (unless the City allows additional time for Design -Builder to submit additional or more accurate data in support of such Contract Claim). 1. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 2. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.03. 3. Each Contract Claim shall be accompanied by Design -Builder's written statement that the adjustment claimed is the entire adjustment to which the Design -Builder believes it is entitled as a result of said event. C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Design -Builder, 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 Design -Builder that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Design -Builder invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. 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 WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 COST OF WORK CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 50 of 72 May 2024 Etv-nw 1 Pi7rknoyn- AAwri-Biodd 1032,11 A. Costs Included: The terra Cost of Work means the sum of all costs considered for Construction Phase Services, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Design -Builder 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 Design -Builder will be only those additional or incremental costs required because of the change in the Work. Such Cost of Work shall not include any of the costs itemized in Paragraph 11.01.B, but shah include, but not be limited to, the following items: 1. Labor costs for employees in the direct employ of Design -Builder in the performance of the Work under schedules of jots classifications and rates agreed upon by City and Design -Builder. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Labor costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Labor costs shall include 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 also be included to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Design -Builder. A!I trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and Design- Builder 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 Design -Builder 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 Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Design -Builder or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Design -Builder 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 Work plus a fee, the Subcontractor's Cost of Work and fee shall be determined by the Design -Builder. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 51 of 72 May 2024 Everr►pup PaA-wrn- Design -Build 103''1 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 accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the City's Project Representative shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category {and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the City's Project Representative. Blue Book Payment Actual Usage Category Less than 8 hours Hourly Rate S or more hours but less than Daily Rate 7 days 7 of 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 City's Project Representative, shall be paid at the leasing rate determined in Paragraph 11.01.A.4.c., excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non -operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. S. Costs of consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed by Design -Builder for services specifically related to the Work. 6. Supplemental costs including the following: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 52 of 72 May 2024 Eirfratirtrr Prrr•i<irttv Dt^sigr,•Bttilrl 103.r! The proportion of necessary transportation, travel, and subsistence expenses of Design -Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, dismantling and removal of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Design -Builder. c, Sales, consumer, use, and other similar taxes related to the Work, and for which Design -Builder is liable not covered under Paragraph 6.10, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Design -Builder, 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 ❑r otherwise, sustained by Design -Builder in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design -Builder's fee. If, however, any such loss or damage to the Work that has been accepted by City requires reconstruction and Design - Builder is placed in charge thereof, Design -Builder 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 Design -Builder 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. i. Costs of removal of debris from the Site. j. That portion of the reasonable travel and subsistence expenses of the Design - Builder's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Design -Builder's written policies for personnel at or betow the level of Project Superintendent. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 53 of 72 May 2024 Ever► jopi I' wkit m' Dosipi-Budd 1D 2-1 k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by ❑esign -Builder or Subcontractors for this Project. 1. Deductibles and self -insured retention amounts associated with insurance. m. Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Contract Documents to pay. n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph t below. o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the Design -Builder 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 and mediation costs, other than those arising from disputes between the City and Design -Builder or reasonably incurred by the Design -Builder in the performance of the Work, except where covered under any indemnity by Design -Builder. q. Reasonable expenses incurred in accordance with the Design -Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent. r. Reasonable costs incurred by the Design -Builder 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 Design -Builder in repairing or correcting damaged or nonconforming Work performed by the Design -Builder, Contractor or its Subcontractors or Suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of the Design -Builder or the Design -Builder's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the negligence of the Design -Builder'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 Design -Builder from insurance, its Subcontractors or its Suppliers. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 54 of 72 May 2024 DVIIIIXI Pnr6etw De%igyn-Ynifrl 1032-f t. Other costs incurred by the Design -Builder in performance of the Work if and to the extent approved in advance in writing by the City. u, Rental charges for temporary facilities, including Site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific, on Site, safety inspection and related safety supplies and costs. x. Project specific, on Site, quality control inspection and quality assurance and control costs. B. Costs Excluded: The term Cost of Work shall not include any of the following items: Payroll costs and other compensation of Design -Builder'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 Design -Builder, whether at the Site or in Design -Builder'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 11.01.A.1 or specifically covered by Paragraph 11,01.A.S, all of which are to be Considered administrative costs covered by the design -Builder's fee. 1. Expenses of Design -Builder's principal and branch offices other than Design -Builder's office at the Site. Z. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed far the Work and charges against Design -Builder for delinquent payments. 3. Costs due primarily to the negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, inducting but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 4. Other overhead or general expense costs of any kind and the casts of any item not specifically and expressly included in Paragraphs 11.01.A. S. The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work. 5. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.01.A.3. 7, Liquidated Damages assessed the Design -Builder by the City. 8. Data processing and software costs related to the Work. 9. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph 11.01.B.1 above. 10. That portion of the reasonable travel and subsistence expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work in CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 55 of 72 May 2024 Ewr wof Prrrk+tm• Deaigo-Bidid accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.13.1 above. C. Design -Builder's Fee: Design -Builder's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order far an adjustment in Contract Price is determined on the basis of Cost of Work, Design -Builder's fee shall be determined as set forth in Paragraph 12.01. D. Documentation: Whenever the Cost of Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Design -Builder 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 Design -Builder shall ensure compliance with Texas law. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Design - Builder shall accrue to the City if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the Design -Builder shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost of the Work. G. Accounting Records: The Design -Builder 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 CONTINGENCY A. Specified Contingency Amounts: Design -Builder may include in the GMP Contingency amounts as may be acceptable to City. Specific Contingency amounts will be negotiated and memorialized in the Agreement. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by Contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. 11.03 ALLOWANCE A. Specified Allowance Amounts: City may include in the GMP Allowance amounts as maybe acceptable to City to allow the City to manage risks associated with the Project or project delivery. Specific Allowance amounts will be memorialized in the Agreement. B. An appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by Allowance funds and the Contract Price shall be correspondingly adjusted. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 56 of 72 May 2024 ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 12.01 DESIGN -BUILDER'S FEE The Design -Builder'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; 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 Design -Builder's 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 12.02.8.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus Design -Builder's Fee. 4. the amount of credit to be allowed by Design -Builder 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 Design -Builder'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 Design -Builder can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 DELAYS A. Where Design -Builder is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of Design -Builder, 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 Design -Builder shall include, but not be limited to, acts or neglect by City or its 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 57 of 72 May 2024 B. If Design -Builder is delayed, City shall not be liable to Design -Builder 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 arbitration or other dispute resolution costs) sustained by Design -Builder on or in connection with any other project or anticipated project of Design -Builder. C. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Design -Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design -Builder. D. The Des ign-Builder shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Design -Builder is caused by the acts or neglect of the City or its 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 Design -Builder. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 ACCESS TO WORK City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Design -Builder shall provide them proper and safe conditions for such access and advise them of Design -Builder's safety procedures and programs so that they may comply therewith as applicable. 13.03 TESTS AND INSPECTIONS A. Design -Builder shall give City a minimum of 1 Business Day 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. Design -Builder 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 Design -Builder's CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 58 of 72 May 2024 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. City will coordinate such testing with Contractor. 1. Should any testing under this Paragraph 13.03 D result in a "fail", "did not pass" or other similar negative result, the Design -Builder shall be responsible for paying for any and all retests. Design -Builder's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 2. Any amounts owed for any retest under this Paragraph 13.03 D shall be paid directly to the Testing Lab by Design -Builder. City will forward all invoices for retests to Design - Builder. 3. If Design -Builder 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 Design -Builder without written concurrence of City, Design -Builder shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Design -Builder's expense. G. Design -Builder shall have the right to make a Contract Claim regarding any retest or invoice issued under Paragraph 13.03.D or for delay caused by City's failure to provide an inspection or test when properly notified under this Paragraph 13.03. 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 Design -Builder's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Design -Builder, 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. 1. If it is found that the uncovered Work is defective, Design -Builder 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 Design -Builder shall still be responsible for all costs associated with exposing, observing, and testing the Defective Work. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 59 of 72 May 2024 2. If the uncovered Work is not found to be defective, ❑esign-Builder 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 Design -Builder 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 Design -Builder 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 Wont shall not give rise to any duty an the part of City to exercise this right far the benefit of Design -Builder, any Subcontractor, any Supplier, any other individual ❑r 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 ❑f written notice, Design -Builder shall correct all ❑efective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, ar, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Design -Builder 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 arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any Defective Work shall not constitute acceptance of such Work. B. When correcting Defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Design -Builder shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 CORRECTION PERIO❑ 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 Design - Builder's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.09.A is found to be defective, Design -Builder 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 ❑efective Work; or 3. if the ❑efective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct ❑r repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Design -Builder 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 60 of 72 May 2024 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 Design -Builder. 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 Design -Builder should such additional warranty coverage be required. Design -Builder may dispute this requirement by filing a Contract Claim. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of Defective Work, City prefers to accept it, City may do so. Design -Builder 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 Design -Builder. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 CITY MAY CORRECT DEFECTIVE WORK A. If Design -Builder 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 13.06.A, or if Design -Builder fails to perform the Work in accordance with the Contract Documents, or if Design -Builder fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Design -Builder, correct or remedy any such deficiency. B. 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 Design -Builder from all or part of the Site, take possession of all or part of the Work and suspend Design -Builder's 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 Design -Builder but which are stored elsewhere. Design -Builder shall allow City, City's CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 61 of 72 May 2024 representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.09. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph13.09 will be charged against Design -Builder, 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. Design -Builder shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14: PAYMENTS TO DESIGN -BUILDER AND COMPLETION 14.01 SCHEDULE OF VALUES The Schedule of Values will serve as the basis for construction phase progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed. Progress payments for Preconstruction Phase Services work will be paid based on monthly estimates of the percentage of the Preconstruction Phase Services provided following the NTP for Preconstruction Phase Services. Retainage shall not be held on Preconstruction Phase Services. 14.02 CONSTRUCTION PROGRESS PAYMENTS A. Applications for Payments: 1. Design -Builder is responsible for providing all information as required to become a vendor of the City. 2. Design -Builder shall submit to City for review an Application for Payment filled out and signed by Design -Builder 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 Design -Builder'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 stared at the Site ❑r at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Design -Builder, o n b e h a I f o f City, has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, it and each subsequent Application for Payment shall include an affidavit from Design -Builder stating that previous progress CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 62 of 72 May 2024 payments received on account of the Work have been applied on account to discharge Design -Builder's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Retainage shall not be held on Design Services provided during the construction phase. 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 Design - Builder indicating reasons for refusing payment. In the latter case, Design -Builder 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, 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 Design -Builder to be paid additionally by City or entitle City to withhold payment to Design -Builder, or c. Design -Builder has complied with Laws and Regulations applicable to Design - Builder's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: the Work is defective, or the completed Work has been damaged by the Design - Builder or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct Defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 63 of 72 May 2024 C. Payment: 1. Design -Builder 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, Design -Builder 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 shalt 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, Design -Builder shall resume providing all agreed - upon Services D. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: Liens have been filed in connection with the Work, except where Design -Builder has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.d. 2. If City refuses to make payment of the amount requested, City will give Design -Builder written notice stating the reasons for such action and pay Design -Builder any amount remaining after deduction of the amount so withheld. City shall pay Design -Builder the amount so withheld, or any adjustment thereto agreed to by City and Design -Builder, when Design -Builder remedies the reasons for such action. 14.03 DESIGN -BUILDER'S WARRANTY OF TITLE Des ign-Builder warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 PARTIAL UTILIZATION A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Design -Builder's performance of the remainder of the Work. City at any time may notify Design -Builder in writing of City's intent to use or occupy any such part of the Work which City determines, and Design -Builder agrees, is suitable for City's use. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 64 of 72 May 2024 B. City and Design -Builder may jointly determine certain completed Work to be ready for its intended use, subject to the following conditions: 1. Design -Builder at any time may notify City in writing that Design -Builder considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and Design -Builder shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Design - Builder 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 Design -Builder that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with Design -Builder; 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. Design -Builder 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 Design -Builder 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 Design -Builder in writing of the reasons and Contract Time will resume. 14.06 FINAL ACCEPTANCE Upon completion by Design -Builder, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Design -Builder a letter of Final Acceptance. 14.07 FINAL PAYMENT A. Application for Final Payment: 1. Upon receipt of a letter of Final Acceptance, Design -Builder 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 5.02; 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 65 of 72 May 2024 d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to Liquidated Damages; and c. after all Damage Claims have been resolved: 1). directly by the Design -Builder; or 2). Design -Builder 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 Design -Builder 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 Design -Builder's Application for Final Payment, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the Retainage stipulated in Paragraph 14.02.A.5., and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Design -Builder to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all Submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 WAIVER OF CLAIMS The acceptance of final payment by Design- Builder 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 66 of 72 May 2024 SUSPENSION OF WORK AND TERMINATION 14.10 CITY MAY SUSPEND WORK A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Design -Builder and which may fix the date on which Work will be resumed. Design -Builder 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 Design -Builder 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 Design -Builder, and should it be determined by mutual consent of the Design -Builder and City that a solution to allow construction to proceed is not available within a reasonable period of time, Design -Builder 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 Design - Builder 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 Design -Builder shall take every precaution to prevent damage or deterioration of the work performed; Design -Builder shall provide suitable drainage about the work, and erect temporary structures where necessary. ❑. Design -Builder 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 of Work to the Design -Builder 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. 14.11 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. Design -Builder'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. Design Builder's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. Design Builder's disregard of Laws or Regulations of any public body havingjurisdiction; 4. Design Builder's repeated disregard of the authority of City; 5. Design Builder's violation in any substantial way of any provisions of the Contract Documents; 6. Design Builder'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; CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 67 of 72 May 2024 7. Substantial indication that the Design- Builder has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; 8. Substantial evidence that the Design -Builder has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 9. Design -Builder commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 14.11A. occur, City will provide written notice to Design -Builder and Surety to arrange a conference with Design -Builder and Surety to address Design -Builder's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, Design -Builder, and Surety do not agree to allow the Design -Builder to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare Design -Builder in default and formally terminate the Design -Builder's right to complete the Agreement. Des ign-Builder's default shall not be declared earlier than 20 days after the Design -Builder and Surety have received notice of conference to address Design -Builder's failure to perform the Work. 2. If Design -Builder'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 Design -Builder 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 Design -Builder or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, Design -Builder 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 Design -Builder, 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, Design -Builder or Surety shall pay the difference to City. Such claims, costs, #asses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shaII 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 shaI l be in any way liable or accountable to Design -Builder or Surety 'fir the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 68 of 72 May 2024 method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from Design -Builder or Surety for Design -Builder's failure to timely complete the Work. Design -Builder shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be Design -Builder 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 Design -Builder for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 14.11.6, Design -Builder's services will not be terminated if Design -Builder 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 Design -Builder's services have been so terminated by City, the termination will not affect any rights or remedies of City against Design -Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design -Builder by City will not release Design -Builder from liability. E. To the extent that Design -Builder has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that band, if any, shall not supersede the provisions of this Article. 14.12 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 Design -Builder 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. B. After receipt of a notice of Termination for Convenience, and except as otherwise directed by the City, the Design -Builder shall: 1. Stop work under the Agreement on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Agreement as is not terminated; CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 69 of 72 May 2024 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: the fabricated or un-fabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed Plans, drawings, information and other property which, if the Agreement had been completed, 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 maybe 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 Design -Builder 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 Design -Builder 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 subiect 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 Design -Builder 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 Design -Builder, and granted by the City, any and all such claims shall be conclusively deemed waived. F. in such case, Design -Builder 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 Design -Builder's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the Design -Builder's Fee". G. In the event of the failure of the Design -Builder and City to agree upon the whole amount to be paid to the Design -Builder by reason of the termination of the Work under Paragraph CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 70 of 72 May 2024 14.12, the City shall determine, on the basis of information available to it, the amount, if any, due to the Design -Builder by reason of the termination and shall pay to the Design - Builder the amounts determined. design -Builder shall not be paid on account of loss of anticipated profits or revenue ❑r other economic loss arising out of or resulting from such termination. 14.13 CITY MAY TERMINATE FOR CONVENIENCE FOR FAILURE TO AGREE ON GUARANTEED MAXIMUM PRICE FOR THE WORK A. A failure by the City and Design -Builder to agree on a Guaranteed Maximum Price Proposal for the Work may result in a Termination for Convenience of the Agreement. In general, the requirements of Paragraph 14.12 will apply. At the City's sole option, the City may elect to finish Design Services with the Engineer to provide a set of Construction Documents. If the City chooses to do so, City will include this requirement in the notice of Termination for Convenience. Upon mutual agreement of the time and budget required to 'Finalize the Design Services, Design -Builder will manage completion of the Project design to City's satisfaction, and City will retain all rights and remedies provided in the Contract Documents. ARTICLE 15: DISPUTE RESOLUTION 15.01 METHODS AND PROCEDURES A. Either City or Design -Builder may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06. B. City and Design -Builder shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.0 shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Design -Builder: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of co m pete nt j u risd ictio n. ARTICLE 16: MISCELLANEOUS 16.01 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: CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 71 of 72 May 2024 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, or overnight delivery to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 16.02 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. 16.03 CUMULATIVE REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, ❑r 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. 16.04 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 Des ign-Bui#der. 16.05 HEADINGS Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 72 of 72 May 2024 SUPPLEMENTARY CONDITIONS Page I of S SUPPLEMENTARY CONDITIONS TO STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Supplementary Conditions These Supplementary Conditions modify and supplement the Standard General Conditions for Design - Build Projects, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-2.d4 The Design -Builder shall furnish the City three full-size sets and three half-size sets of the Construction Documents and other supporting information necessary for inspection of the Work and an editable electronic file of the Construction Documents and other supporting information to support preparation of the record documents. SC4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Design -Builder shall compare them to the lines shown on the Contract Drawings. City and Design -Builder shall establish mutually agreeable limits of easements, right of way, and schcdule of acquisition during negotiation of GMP. SC4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, as of May 13, 2024: PARCEL OWNER TARGET DATE NUMBER OF POSSESSION 7 Renato Rosales 2/1/2025 8 Susana Martinez 2/1/2025 9 Renato Rosales 2/1/2025 12 Eric Nickelson 2/1/2025 13 HOA Trails of Willow Creek 2/1/2025 14 Delilah Alexander 2/1/2025 16 Fort Worth Everman / Risinger 2/1/2025 Development LLC 17 Sycamore Creek LP 2/1/2025 18 Clairemont Brookwood LLC 2/1/2025 CITY OF FORT WORTH Everman Parkway design -Build DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 103271 Revised October 2023 SUPPLEMENTARY CONDITIONS PARCEL NUMBER Moritz Investments LTD Page 2 of 5 TARGET DATE OF POSSESSION 2/1/2025 The Design -Builder understands and agrees that the dates listed above are estimates only and are not guaranteed. If Design -Builder considers the final easements provided to differ materially from the representations on the Contract Drawings, Design -Builder shall within five (5) Business Days of becoming aware and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of May 13, 2024: EXPECTED UTILITY AND LOCATION OWNER City of Fort Worth Existing 16" Water Line, Along Sycamore Creek, TARGET DATE OF ADJUSTMENT Along Future Hemphill Alignment, From Future Construction Phase Hemphill West from Sycamore Creek City of Fort Worth Proposed 16" Water Line, From Sycamore Creek East Construction Phase to Cameron Hill Pt. City of Fort Worth 18" Sanitary Sewer, West of Sycamore Creek, Construction Phase Crossing Sycamore Creek City of Fort Worth 10" Sanitary Sewer, East of Sycamore Creek Construction Phase Barnett Gathering _ ----- 6" Gas, East of UPRR ---- —_Pre-Construction Phase Chevron _ 10" Gas, East of UPRR _ T Pre -Construction Phase Texas Midstream 24" Gas, East of UPRR, Crossing UP_RR -Construction Phase Oncor Overhead Electric, Along UPRR on West Side _Pre Pre -Construction Phase The Design -Builder understands and agrees that the dates listed above are estimates only and are not guaranteed. SC4.02A. and 4.02B., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: l . Topographic/Boundary Survey, dated 12/8/2024, Agn format, prepared by PJB Surveying, Inc., a subconsultant of Freese and Nichols, Inc., the owner's representative for the City, providing additional information regarding the surface conditions. 2. Geotechnical Engineering Report— Pavement for Hemphill Street Extension North of West Risinger Road, Fort Worth, Texas, dated August 2021, prepared by Rone Engineering for Commerce Construction Company, providing additional information on the subsurface soil conditions. CITY OF FORT WORTH Everawn Parkway Design -Build DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 103271 Revised October 2023 SUPPLEMENTARY CONDITIONS Page 3 of 5 5C4.46A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None. SC-5.04A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Owner's Advisor: Freese and Nichols, Inc. 1. Other: None. SC-5.05B.1., "Categories of Insurance" Remove this clause from the General Conditions. SC-5.05D., "Design -Builder Categories of Insurance" Prior to submission of a Guaranteed Maximum Price proposal, Design -Builder shall confine to City that Design -Builder can meet all required insurance obligations with the Union Pacific Railroad. After successful negotiation of GMP, Design -Builder shall furnish to City copies of all executed Union Pacific Railroad permit(s) and Certificates of Insurance provided to Union Pacific Railroad. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided below: 2024 Prevailing Wage Rates for Heavy and Highway Construction Projects A copy of the table is also available by accessing the City's website at: h ttt) s: Ha I} I? s.fo rtw o rth tex a s.eov/Pro i ectR eso u rces/ You can access the file by following the directory path: 02-Construction Docurnents/Specifications/Div00 — General Conditions SC-6.08., "Permits and Utilities" SC-6.08A., "Design -Builder obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Design - Builder: 1. Design -Builder TPDES Permit provided by TCEQ 2. Construction permits SC-6.08B. `City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be applied for, paid for, and acquired by the City. Design -Builder will supply technical data to the City generated from normal project development: acquired by the City: 1. Right of Entry permits into private properties within project site. 2. Environmental Permit and Nationwide 14 Permit provided by USACE with Pre -Construction Notification (based on a no -rise design by Design -Builder) CITY OF FORT WORTH Everman Parkway design -Build DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 103271 Revised October 2023 SUPPLEMENTARY CONDITIONS Page 4 of 3. Floodplain Permit Pending Approved CLOMR by FEMA 4. Non -Intrusive Permit, Right of Entry Permit, ROE Temporary Use Permit, and Construction and Maintenance Agreement provided by Union Pacific Railroad 5. Threatened and Endangered Species Survey by USFWS 6. Franchise and Non -Franchise Utility permits and agreements SC-6.08C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, as of May 15, 2024. City and Design -Builder shall establish mutually agreeable schedule of permit acquisition during negotiation of GMP. Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION TCEQ TPDES Permit 2/1/2025 USACE Nationwide 14 Permit 2/1/2025 UPRR Non -Intrusive Permit 8/31/2024 UPRR Right of Entry Permit 8/31/2024 UPRR ROE Temporary Use Permit 2/1/2025 UPRR Construction and Maintenance Agreement 5/1/2025 USFWS Threatened and Endangered Species 2/1/2025 Survey Varies Right of Entry 7/1/2024 Varies Franchise and Non -Franchise Utility 2/1/2025 permits and agreements SC-6.17A.I., "Submittals and Samples" Design -Builder is authorized to utilize its own electronic document management system for management of all contractually required submittals so long as access is maintained to all City personnel and agents in support of the Project. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor N/A Scope of Work N/A SC-8.01, "Communications to Design -Builder" Coordination Authority N/A Freese and Nichols, Inc., as Owner's Advisor, is authorized to issue communications to Design -Builder, The City's Project Representative shall be copied on all communications. SC-9.01., "City's Project Representative" The City's Project Representative for this Contract is Bradley Radovich, or his/her successor pursuant to written notification from the Director of Capital Improvements. CITY OF FORT WORTH Everman Parkway Design -Build DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 103271 Revised October 2023 SUPPLEMENTARY CONDITIONS SC-13.03C., "Tests and Inspections" Fitt$ f� SC-15.01C.1, "Methods and Procedures" None. END OF SECTION Page 5 of 5 CITY OF FORT WORTH Everman Parkway Design -guild DRAFT STANDARD SUPPLEMENTARY CONDITIONS FOR DESIGN -BUILD CONTRACTS 103271 Revised October 2023 CITY OF FORT WORTH * TEXAS DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY Technical Proposal CITY PROJECT NO. 103271 FEBRUARY 2024 SUBMITTED BY BURNS & MCDONNELL ENGINEERING COMPANY. INC 777 MAIN STREET, SUITE 2500 FORT WORTH, TX 76102 % BURNS �MSDONNELL FORT WORTH,,,, February 1, 2024 City of Fort Worth (CoFW) Transportation & Public Works Department (TPW) 200 Texas Street, Fort Worth, Texas 76102 RE: Extension of Everman Parkway Design -Build (DB); City Project Number 103271 Burns & McDonnell's proven approach for first time DB customers follows a simple formula: design, develop, and deliver. Achieving success on your first DB requires selecting a partner that has built a foundation of trust with your staff through a history of collaboration, mutual respect, and repeated success in alternative delivery models. Our integrated team of designers and builders will partner with you from the earliest stages of the project to identify flexible options for locking in a guaranteed maximum price (GMP) and getting shovels in the ground qutckfy. The Fort Worth community is counting on this project to improve connectivity and economic outcomes in the Everman Parkway neighborhood. As leaders in delivering the City's most critical projects, our team consistently rises to the occasion to execute projects that the City and community are proud of. There is no better project to align the vision, mission, and goals of TPW leadership with the ideals, skill sets, and passions of the Burns & McDonnell and Kimley-Horn team. We look forward to partnering with you to deliver the Extension of Everman Parkway, r = � An /reweid, P PDB Project Manager, Principal (Primary Contact) 214-468-7951 I awreid@burnsmcd.com Scott P Clark, PE Senior Vice President (Authorized Signatory) 817-840-1233 B spciark@burnsmcd.com We acknowledge receipt of Addendum 2, issued January 5, 2024. This proposal is voiid for 94 days from the dote of submission. BURNS & MCDONNELL * YOUR P08 PARTNER * rORT WORTH. TEXAS 76102 DETAILED PROPOSED TEAM & WORK PLAN/ APPROACH TAB COMPLIANCE WITH BUSINESS DIVERSITY ORDINANCE TAB CONCEPTS TO IMPROVE DESIGN & DELIVERY EFFICIENCY TAB ADDITIONAL REQUIREMENTS TAB rlz 1� MWY DET PROPOSE & WORK PLAN/ APPROA(H.. G � .- 71" Br W, F'. 4'. 1. X EMERY, R,1,RD.TH4YFR 00.� PRIVAft IIYAREWUE E _ iIIFgm01I.: I Pre -construction Phase Team & Work Plan Our success leading 16first-time owners in DB delivery, sets the stage far positive project outcomes. in preconstruction we engage the first two pillars of our PDB progression: design and develop. We align project goals with the mission to improve efficiency, mitigate risks, and provide cost-effective solutions. Our value -driven approach starts with a Kickoff Meeting and Project Definition Roundtable. We provide iterative pricing to eliminate surprises during GMP delivery. Our transparent and collaborative review of the cost, schedule, and risk -based contingency, will instill confidence in your capital investment. j We have already outlined the anticipated GMP breakout for this ERaciproject, which will f litate earlier and ..... more consistent indicative pricing. We optimize design, cast, and schedule by focusing our attention on 20% of the scope items (bridges, paving, earthwork) that will drive SQ% of the cost (PCCP, import embankment, structural concrete). Early works packages, not limited by permitting, are quickly locked in for best value pricing. Our experience within key utility markets will be instrumental to managing cost and schedule, As the preferred DO contractor for ❑ncor and other key stakeholders, our experience designing and constructing their improvements allows us provide CoFW a higher level of outcome certainty. We have approached Oncor to serve os the engineer and controctor /ar their pole and undergrounding relocation. if contracted, this would eliminate 3 months in schedule risk. UFW-YA56G �eupN Im-%N&NELL ANDREW REID, PE POS PROJECT MANAGER Tr�iOpd Cor W adwsor• PM on 13 PDR Align project goals with City's mission; monitor budget; enforce Safety and QA/QC Plans; establish KPIs; own Risk Register; lead GMP deliverables a�w-eAseo *rums \Maaor��'I k TONY SCHMITT, PE ENGINEER OF RECORD .r;I.t7tir]rr.5 frnrrr 13 Similar �Ir[si:'Ct5 Lead design disciplines; trend precon budget; lead final design QC; monitor client satisfaction; vet alternatives with Precon Manager, reviews bidding flocs DFW-BASED Kirrrley Morn MISTY CHRISTIAN, PE, CFM H$H/FEMA ted MLdflPle SyCdln0te C_'reOk H00d 5r'Jd!Ps Lead H&H modeling/design; lead Flood Study; support alternative analysis at culverts, bridges, storm drains; design channel change and stabilization .I t ' rl 'f I `MSbDNNELL BRETT HARDING ❑A/OC MANAGER Er+og3 bes., Crarrrces In hnage, over rail DP Establish final CtA/QC; align with codes and specs; align scope to QC checklists; support contracting of on - site QA/QC and materials testing "'avows �MS�dNNELL STEVE KELLERMAN, PE PRECONSTRUCTION MANAGER Nai Gn?l JP3firr rnr P,rst-ron,e OF owners Lead estimating; develop risk -based contingency estimate; quantify risk impacts to cost/schedule; define self - perform work; complete labor study DPW-9ASED �" _!' — Kimley Morn DANA SHUMARD, PE ROADWAY DESIGN vaer;ancr nc7r d Irrp rO (7nFW ar±erraIs Lead roadway design, incorporate CoFW preferences; lead coordination with Majestic; vet final roadway geometry; support subcontractor vetting/RFIs aFW-eAsso •_11V g �MsovNNRI.L ZACH MOORE CONSTRUCTION MANAGER L J�errnnrPCl t'tpj jr)g i-ir,J 7P.S 1,ar rJPQR Determine phasing approach; optimize mass/free haul; build construction phase items into Risk Register; review/ approve constructibility approach DPW -BASED =nARJ1nM TAYLOR SMITH UPRR COORDINATOR 50eCidli7e5 On C055 I PP CocVd+nat?or.- Accelerate UPRR Exhibit A and permit approval; leverage team's relationship with UPRR executive level leadership; serve as final QC on permit applications ♦ DETAILED PROJECT TERM & WORK PLATY/APPROACH TECHNICAL PROPOSAL I RESIGN-20LO SERVICES FOR EXTENSION OF EVERMAN PARKWAY TOOLS FOR MANAGING COST & SCHEDULE IN REAL TIME Our proven PDB delivery tools enable our team to proactively mitigate risk and better apply available funds to scope —not risk. These tools will drive cost and schedule efficiencies: • Procore, SharePoint & PowerBl: These cloud -based cosh schedule/risk, file management, and field monitoring programs provide team members 24/7 access to our most up to date project data from any Internet -enabled device. ■ AGTEK: This tool enables our team to complete earthwork take -off, optimize mass/free haul, track quantities, efficiently sequence work, and monitor project progress to optimize scheduled earthwork operations in real time. • HCSS HeavyBid: This software pulls real-time quantities, market labor, and equipment rates to develop iterative pricing, which is integrated into our Pfi schedule for seamless project delivery upon NTP. • Monte Carlo (Crystal Ball): We leverage this software to develop probabilistic analyses, simulate risk models, and support ongoing contingency values to promote accurate cash flow. WORKING WITH THE CITY TO PLAN CONSTRUCTION SEQUENCING & FRANCHISE UTILITY REQUIREMENTS Our team brings hands-on experience navigating the volatility of today's market and offers a keen understanding of the affect it can have on transportation projects. Leveraging our knowledge of this project and history of delivering similar DB projects, we have outlined a preliminary P5 critical path method schedule to meet CoFW's milestone deadlines. At the project outset, we will refine the schedule through a series of timely, collaborative discussions with CoFW. We will use this time to work closely with City staff to review our initial Risk Register, identifying construction sequencing and franchise utility requirements and collaboratively brainstorming risk mitigation strategies. We will build consensus with the City on mitigation techniques, such as stored material to buy-out items that we want to remove from the critical path, to retire risks early. Using an open book approach, we will continuously monitor and maintain our P5 schedule and Risk Register with the City, aligning all parties on scope sequencing and franchise utillty requirements throughout the project Iifecycle. To monitor schedule progression, our project controls team will establish key performance indicators, including total float, earned value, and production rate comparisons, to identify if the project is on -schedule or if a recovery plan is needed. To accelerate project delivery, we will collaborate with CoFW to leverage weekend work and off -schedule shifts during the summer, as needed. 1 DETAILED PROJECT TEAM & WORK PLATY/APPROACH CHNIC,AI_ nRC1PO$AL I DCSIGIN-BLHL❑ Sf RVICES FOR EXTENSION OF EvERfAAid rAR4{WAY Estimating and operational analyses derived from A6TEK and HeavyBld feed directly into our master PG schedule. This data migration verifies zero scope gaps, minimizes total float risk, and enables accurate long-term look aheads for subcontractor scheduling, improving project outcomes for CoFW. TOOLS TO IDENTIFY & ADDRESS PROJECT RISKS AT THE APPROPRIATE TIME As PDB Project Manager, Andrew Reid, PE will have full ar6,ie.4;bip of the Risk Register developed and maintained for Everman Parkway. Pairing soft skills, like empowering key staff, : o the right task leads, and facilitating design charettes, wl'th Pfi d&ne;ebi )1 % applications, scope gap analyses, and MonteCar10 simulations, he will identify and address project risks in a timely manner. His risk management style leverages: Historical PDB Risk Registers from past Burns & McDonnell transportation projects. Using our in-house machine learning database, our team can review the most common —actual, not predicted —risks and assess their applicability to Eve rman Parkway. �° 5.:�u. *Ir>tsurest L PRE -CON RISK IDENTIFIED BY Channel realignment and area between culverts will I"`xII zl1 require riprap and armoring upstream ti8URN5 %MsooNNELL and downstream, Kimsey >Horn permitting, and mitigation. Estimated labor and material price inadequate for escalated 2025 and WI DUNNELL 2026 construction season market conditions. Building consensus amongst all BUANs g $1MCDONN£LL CoFW authorizing departments. h,Irnley 'xHarr� E.. ion between engineers and builders to quickly vet concepts (compliance, 110I, risk profile, project goals) using best practices, HCSS estimating, and constructibility simulations to accelerate decision -making. Individual ownership and accountability of risk measures and mitigatiof S11 Megies for all project risks —an effective tool to promote continuous monitoring and mairlb�naiice throughout all design and preconstruction phases. Transparent cost and schedule development using a living, cloud -based Risk Register that is shared with the project team, CoFW, Freese & Nichols, and the best value subcontractor market to bring forth ideas that drive toward optimal solutions. we arevelop interactive, Powerill-enamea rrl's►c Registers to track and manage project risks in real time. We determine risk,, ,.,.' r,three-point estimating (high • medium low •) and a probabil+ty times magnitude formula. Below we have developed actionable mitigation strategies for pre -construction risks identified by CoFW, as well as additionol risks identified by our team. Strategies to mitigate construction risks ore outlined on page 6. `* DETAILED PROJECT TEAM & WORK PLAN/APPROACH `'CCHNICAL PRC ROSAL I DF_SI+­-eUIL❑ SERVICES FOR FXTENRION OF EVERMIAN PAR%WA')' MITIGATION STRATEGY INFORMED BY PAST SUCCESS Require all subcontractors to submit bid and performance bonds during contracting. Consider using Subcontractor Default Insurance (SDI) such as Subgaurd as a mitigation measure. Break up smaller, more manageable scopes of work appropriate for current labor market. IASSIGNEDTO. Steve KeIierman, PE Coordinate with Anthony Cognasi, ❑ncor Design Supervisor, as soon as possible. Leverage relationships to advance project within ❑ncor's internal programming system (due diligence indicates project has been entered into Oncor's system but assignment/design has not yet begun). Send Oncor preliminary bridge layouts (T/S/L) to confirm no conflict. Monitor progression of design/construction and incorporate into master P6 schedule. Verify (QL-A SIDE) installed depths and location of new line to avoid conflicts during construction. ASSIGNED TO: Tony Schmitt, PE Leverage Kirnley-Horn's experience completing design for ROW owner, Majestic, at a adjacent property. Build on concepts, outside of Indicative Design, that the team has already vetted with Majestic to determine feasibility. Provide any easement or ROW acquisition information to CoFW/Freese & Nichols immediately upon award. ASSIGNED TO' liana Shumard, PE and Freese & Nichols (acquisition) Confirm final design intent with CPN 102071, If under construction, coordinate with Water Department on providing (X,Y,Z) coordinates of infrastructure and modify design as necessary. Confirm no conflicts exist prior to submitting GMP. Engage SUE firm to backcheck with QL-A SIDE provided by Water Department, 0 ASSIGNED TO: Tony Schmitt, PE Leverage existing work with Water Department and consider replacing vitrified clay pipe (prone to infiltration). Consider slopes between tie in points for inverted siphons and install grit traps to limit maintenance issues, If no replacement is desired, run alternatives analysis on water line to adjust roadway and protect in place or relocate water line. Perform QL-A SUE on all underground utilities. 0 ASSIGNED TO: Tony Schmitt, PE Design pavement to CoFW specifications. Account for subbase moisture conditioning in production rates/durations. Use HEC software to confirm no rise and model scour —maximum allowable greater than maximum colculoted. Consider Iow-Flow culverts to mitigate sediment transport issues (deposit locations, erositvity). 0 ASSIGNED To: Tony Schmitt, PE Construction Phase Team & Work Plan A successful DB project means zero schedule overruns, zero budget overruns, zero lost time incidents, and a focus on quality. With these goals in mind, we will accelerate into construction by engaging the final pillar of our PDB progression: deliver. We secure early procurement of pre -cast structures (girders, box culverts, pipe) and complete clearing/grubbing in the final stages of preconstruction, opening the site for any stored materials. Our team minimizes inflation and labor market risk through buyout of all subcontractors immediately. We complete final design packages while building digital delivery models to import into Automated Machine Grading and stringless paving. Our on -site staff monitor project progression and verify Project Execution and C1A/CSC Plans are followed while maintaining cost, schedule, and contract compliance. ' On a recent PDB, We transfer all product warranty we procured .fox culverts early {light poles, signal equipment} to saving the client CoFW and verify punch list items $20,000. are completed. orw��►,sr^o i NNOMUGRDONNELL ANDREW REID, PE PDB PROJECT MANAGER Zero n51-lA re rorrlah+es nn .3nv of h,s PDOs Execute project goals; be accountable for project delivery; own Risk Register and Safety Plan; finalize contract documents; lead status updates ❑F w•9 ■seo \'BURNS \MC %NELL ZACH MOORE CONSTRUCT4ON MANAGER �Ir,f ,gs nxrer5v+s , Ineal Suopher nehvnri. Manage day-to-day staff operations; maintain relationships with subs; lead self -perform crews; maintain schedule; monitor cost performance DFW•SASEO BURNS � MSDGNNELL CHRISTY DiAZ PROJECT CONTROLS S!?ortah e.S - us,ni7 PF Icy delPrn„ne +CPt l Own P6 resource/equipment loaded schedule; trend earned value reporting; determine production rates, cost control sub spend; develop cash curve new•a�seo MZRDGNNELL TONY SCHMITT, PE ENGINEER OF RECORD crarri[eS in hoolgr- roe, •all DR Respond to RFIs; review shop drawings; design field engineering solutions (temp shoring, formwork systems, falsework}; on -site for critical scope items STEVE KELLERMAN, PE PRECONSTRUCTION MANAGER :;nrvorl ,r, S,mrl'yr role on nve?r 150 [)miens Lead final buy out of all subs; finalize self -perform scope; finalize risk pool and identify buy-out opportunities; transition budgeting to controls oKw•aRs¢o WI M IRMINELL KENNY SLANCHO SUPERINTENDENT Li'd !F700M ill 7nra1 r7onsrrucerors ,volt. Serve as on -site leader; drive productivity and quality; provide daily updates to team/CoFW; compliance with QA/QC; schedule subcontractors ll� BURNS `\M 1 MELL DILLON GRIEME SAFETY MANAGER nev�?oos "oo safr-r, : . Be on -site to implement nest practices and enforce Safety Plan; lead site orientation; develops and tracks key safety metrics (TRIR/DART, near miss) osw-s�sen CHELSEY SMITH, AICP PUBLIC INVOLVEMENT �r C i��rc Off]*-'1"r t[7 rl�l17 i I r1, C d r7L�17 I R CD YIC f l [fC rN]r� Lead ongoing communications with community; provide website updates; develop materials to inform public of upcoming construction activities DETAILEDPROJECT TERM & WORK PLAN/APPROACH TECHNICAL PROPOSAL I DESIGN-80!_D SERVICES FOR EXTENSION OF EvERMAN PARKWAY UNDERSTANDING & MANAGING RISKS Genuine, thoughtful, and trusting relationships between the PDB team and Owner is one of the key, unspoken rules of successful project delivery. Building on our strong connections with CoFW staff, we will collaboratively develop creative solutions to retire risks. During construction, we approach risk management through: Immediate buyout of all subcontractor and material vendor packages, securing contract and performance bond from all partners after GMP negotiation, limiting second bidder risk, and enabling earlier schedule development. Allocating resources to the most critical items to prioritize addressing risks that carry significant financial impacts or influence project safety, allowing our team to maintain a competitive approach in general conditions cost. CONSTRUCTION RISK UPRR coordination in advance of and during construction. Flagging coordination and work over live tracks (non - beam erection). Third party risk to protect the work zone from the public. Avoiding theft/ safety issues on site and managing public expectations during construction. IDENTIFIED BY rtIgI WoRIiI %BURNS \':MEDONNELI_ ,\ M�VONNELL Strict adherence to QA/QC and Project Execution Plans which clearly outline roles, responsibilities, and expectations for all team members, minimizing miscommunication, promoting open dialogue between key stakeholders, and lowering the overall project risk profile. Maintaining a living risk register that adds, mitigates, and retires risks in real time. As PDB Project Manager, Andrew will own the Risk Register and stay committed to regularly updating information in the cloud -based PowerBi dashboard as risks evolve to improve delivery outcomes and maintain transparency with CoFW. Using probabilistic risk -based estimating, we run thousands of simulations to quantify the magnitude of each individual risk event and understand the most likely, pessimistic, and optimistic outcomes to effectively communicate impacts of each risk. Each item listed in our live Risk Register will be incorporated into our Monte Carlo simulation software, Crystal Ball. Using Open Book contingency modeling, we will share results with CoFW to maintain transparency through project progression. On a similar PDB for the Kansas Turnpike Authority (KTA), our risk pool was developed with real world labor, equipment and material take -off rr+formotion allowing the owner to see how the risk of not closing a roadway to facilitate construction would have actually increased overall schedule by 2 months. Our open -book transparency led to additional collaborative opportunities to think outside the box and further implement creative solutions with KTA. DETAIL€D PROJECT TEAM & WORK PLAi IAPPROACH CCNPIICAL PROPOSAL I DESIGN -PUIL❑ SERVICES FOR EXTENSION OF EVE RMAN PARKWAY MITIGATION STRATEGY INFORMED BY PAST SUCCESS Address in Site -Specific Safety & Health Plan. Identify higher elevations to store equipment and materials at end of each day. Secure adequate Builder's Risk insurance for project. Consider design alternative (bridge span) that require less in -water work. 0 ASSIGNED To: Kenny Blancho Coordinate with BKV, Williams, and Energy Transfer. Communicate in advance for on -site inspection during all excavations. Verify depth and location of line (QL-A SUE) and engage design team to confirm ground pressures will not cause damage to the utility. Preliminary evaluation indicates avoidance of lines is expected. IASSIGNED TO: Zach Moore Complete daily tailgate talks advising all workers of daily activities. Complete Pre -Task Analysis for large scopes of work and require ongoing Task Safety Observations. Use positive protective systems at critical phases (safety rails around open shafts; temporary shoring systems; tie off, safety net, fencing on bridge deck). Provide site orientation and escort to any individuals on site for first time. ASSIGNED TO: Andrew Reid, PE and Dillon Grieme Use 5 day schedule with Saturday for makeup weather and schedule recovery. Adjust labor shift times (start early, finish early) to minimize heat exposure. Provide for 24/7 maintenance pricing for erosion control. Have on -site stored material for quick recovery (silt fence, turbidity curtain) aASSIGNED TO. ZaCh Moore Perform RL-A SUE at earliest stages of project and verify all previously provided information. Design Based on actual field investigation, not record drawings. Have contract to verify Oncor Relocation (X Y,Z coordinates) prior to bridge work after design has been complete. IASSIGNED TO: Zach Moore Through Kimley-Horn's working relationship with Majestic, the developer has already provided our team with their preferred alternatives to the connection. Sequencing plan includes road closure until all appropriate traffic control measures are in place, Revise Traffic Impact Analysis (TIA) if necessary during final design, Provide updated signal timing plan or install timing plan based on updated TIA provided by others/adjacent developments. ASSIGNED To: Tony Schmitt, PE and €3ana Shumard, PE MANAGING JOB SITE SAFETY & QUALITY CONTROL FOR SELF PERFORMED & SUBCONTRACTED WORK Key Elements of the Everman Parkway Safety Plan: All self -performed and subcontracted labor will follow the Everman Parkway Site -Specific Safety & Health Plan. We provide our craft labor force with a rigorous orientation to establish our One Safety Culture and give all individuals Stop Work Authority. All team members working near LJPRR ROW will complete UPRR and eRailSafe Trainings and our Quality Assurance team will receive Nuclear Gauge Density Testing certification to mitigate radiation exposure. Our Safety & Health Plan reaches beyond the workzone to Include the communities we seek to serve. Early communication of construction activities will inform the public of our approach to work zone protection, dust mitigation, and noise control measures. We wilt use a context sensitive approach to equipment movements and trucking near Parkway Elementary and identify areas to improve the natural conditions of Sycamore Creek using erosion control best practices, turbidity curtains, and countermeasures during flooding. Quality of Self -Performed & Subcontracted Work: Through the development of a comprehensive Project Execution Plan (PEP), Andrew Reid, PE and Brett Harding will establish effective QA/ QC procedures, inspection and test plans, quality verification documents, and processes to document/ address non conformances. Field staff will work with our subcontractors to verify compliance with contract documents through a detailed shop drawing review process, verifying alignment with CoFW standard construction specifications (latest edition). As QA/ QC Manager, Brett will review and accept all work items before payments are made to mitigate all potential schedule and budget impacts. Throughout the project we will coordinate quality assurance with the CoFW management team and inspection staff, Freese & Nichols Owner's Advisors, and independent material testing firms. Prior to finalizing our PEP, we will set protocols with each party to gain buy -in on our approach and timelines. Our QC process will verify that we follow all requirements outlined in CoFW's Transportation Manual, Access Management Policy, Master Thoroughfare Plan, and the City's Standards and Construction Details. DAILY SAFETY MONITORING & REPORTING I We use InteIIix to report Task Safety Operations and lag our daily pre -task analyses. We limit potential OSHA recordables by encouraging Near Miss Incident reporting —learning from past experience to improve project outcomes. ADVANCED PPE I We provide helmet -style hard hats and Cut -Level 4 gloves to significantly reduce the risk of brain injuries, sun exposure, and hand injuries. Due to our proximity to vehicular traffic moving over 45mph, all team members will wear OSHA Level 3 Hi-VIS safety vests. Team members will complete a pre -task analysis and wear PPE at all times during site visits. WEARABLE GPs I We will incorporate the latest technological advances in wearable geolocation tracking systems to provide field staff with audible notifications of proximity to unsafe conditions, such as open trenches or exposure at elevation. IPADS FOR FIELD STAFF I By equipping field staff with ipads, we seamlessly share photos of construction activities and verify quality in real time. We automate daily field reports to be sent directly to CoFW for enhanced transparency into project progress, giving you confidence through every phase of delivery. iPads are also used by field staff and suppliers to access the most current set of drawings, housed in Procore, throughout construction. DRONE -ENABLED TOPOGRAPHIC MEASUREMENTS I We anticipate executing an intermittent earthwork management testing process to address the large, deep fills along the corridor. We will use in-house drone topography analysis to determine placement, quantity, and production of embankment activities to eliminate under/overruns and draw from the shared risk contingency pool. BURNS & MCDONNELL PROUDLY RANKS IN THE TOP 5% OF ALL US CONTRACTORS IN DART & TRIR. As your PDB Project Manager, Safety Manager, and QA/QC Manager, we commit to actively taking care of our people, community, and environment -collaboratively building a One Safety Culture that reflects quality and safety leadership across all elements of this project. DETAILED PROJECT TEAM & WORK PLAN/APPROACH N,%\ rECHNiCAL PROPOSAL I DrSIGN-BUILD sLRVICus FOR EXTENS1019 OF- EVERMAN PARKWAY 4 Innovative Concepts to Improve Project Design & Enhance Efficient Project Delivery Efficiency Using our alternatives analysis approach, our team has prioritized innovative solutions to build out our Innovative Approaches to Enhance Design & Efficiency Map. Our team conducted a site visit to verify all opportunities issues identified through our desktop analysis the office where found in the field, bringing real -world experience to design development. We have categorized our approach into two core values for CcFW: Technical Approaches to Design, which includes UFIR R bridge optimization concepts, Hemphill Road intersection improvements, and project -wide opportunities for enhancement; and Opportunities to Improve Project Efficiency. We understand that accelerating delivery is critically important to City. Our robust innovative approaches map will guide the CoFW and Burns & McDonnell team from the earliest stage of the project to refine design concepts, minimize risk, and seek schedule enhancements throughout project progression. INNOVATIVE AoPFpn CHES TO EI•IHANCF DESIGN & EFFIC1f INCH' .• pKPAL45PRINGS SX I =, �! • _ t I Iil I t yyalo- * • y:rI i ♦ - — — _ t MAN 11Wr -- Alp ��'< , ' � • �eH -;�-" � � - ���_ .�- - i � � I�f �~,: IN r WArts c00.P01m a amc 'f 1 + 1 e ALL TEXT ON THIS PAGE IS NECESSARY TO EXPLAIN THE GRAPHIC. `` CON 1:1 T5 ro 1-11— PR 11 l T —51 Giv 6 PROJECT aIII VERY EFFICI— OPTIMIZE UPRR BRIDGE UNIT GEOMETRY 0 IM Cast saving. Schedule saving We have identified three improvements to save CoFW nearly $1 million and reduce construction time by 120 days. 0 Reduce Shared Use Path (SUP) width: Burns & McDonnell has ' successfully cleared 10-foot SUPS on recent CoFW bridges, including Basswood Blvd Bridge over Big Fossil Creek, featured in the CoFW Transportation Engineering Manual- We will consider using a similar approach to narrow the path width along the UPRR bridge from 14- to 10-feet, reducing the overall deck by 8-feet and eliminating an additional girder line and column at each bent. 0 Accelerate UPRR bridge construction: Stay -in -place precast concrete deck panels will be used to form the deck to eliminate the need to strip farms over the rail. With a traffic barrier between the lanes/SUP and at the outside edges of the deck, we will consider changing the outside rail to a more aesthetically pleasing standard pedestrian rail; yielding production rate improvements. 0 Increase girder spacing: The current indicative design shows 11 girders spaced at about 7.4 feet. By increasing the girder spacing to 9,25 feet, we can eliminate at least one girder line for the long span over UPRR and as many as three girder lines along shorter approach spans, significantly reducing cost and time during construction. Fa BALANCE BRIDGE VS MSE WALES pis rKcvo+= 0 Cast saving Identifying the most do• economical bridge length r for the UPRR grade 0 separated bridge will be LU key to maximizing project efficiency, Our bridge w approach cost modeling x Point where tool offers a quantitative Q becomes most analysis to quickly determine g "-I the most economical W 10. COST/FT bridge -span to fill -section I $a $2Dk ratio. We maximize efficiency by modeling the specific point where bridge becomes more cast efficient than roadway approach, allowing our team to optimize the balance between bridge and roadway lengths. Using this cost model, we will further refine and finalize practical span arrangements based on super- and sub -structure types, and set bridge lengths and vertical profile. LIMIT MEDIAN FLARE ON BRIDGE 0 M Cost saving, Schedule saving Design shows median flare on both approaches to provide left turn lane pockets. Flare causes the bridge width to vary, splaying the girders and adding a girder line to accommodate the variable width. We will mitigate this by refining the median taper to bring the end of the shift geometry closer to the intersection, and reducing the median from 4- to 2-feet at the westbound approach. SUP typical section widths will be modified to accommodate the median taper adjustments. Our approach reduces the overall taper from 225-feet to 165-feet. Combined with the reduced median width and relocation of shift geometry, the total bridge f deck area can be reduced by -� 1,400 square feet, simplifying construction and saving the City over $250,000. N,% DETAILED PROJECT TERM & WORK PLAN/APPROACH &' TLCNNICA'L PROPOSAL I DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAIq PARKWAY 10 ANALYZE ROUNDABOUT ALTERNATIVE a Schedule saving, Risk saving Safety enhancing 0 Improve roadway alignment: Adds tangent length across the lJPRR span and enhances connection geometry to Hemphill Road, improves ISD, eliminates non compliant SSD on bridge, and increases traffic/pedestrian safety. 0 Minimize ROW acquisition. Eliminates the need for ROW acquisition from the home in the northeast quadrant of the proposed intersection, eliminating a key feature from the critical path of the project. 0 Minimize drainage structure headwall lengths. Positioning roundabout over channel with one culvert crossing with slight bend is feasible per preliminary H&H analysis. Eliminates two separate culverts and headwalls, offering significant risk mitigation and schedule savings. 0 Reduce long-term maintenance: Low impact roundabout and low maintenance public art/paver features in the center of the roundabout require minimal investment from CoFW maintenance as compared to long- term capital intensive signals. 0 improve traffic operations and truck movements., Continuous free flow movement increases capacity and reduces queue. Design reduces pavement width, eliminating turn lane bays/tapers that saves costs. We recommend a 190-foot inscribed circle diameter, with 15-foot circulating Panes to accommodate truck traffic and multi -lane path, per SIDRA analysis. 0 Enhance driver and pedestrian safety. Eliminates face-to-face left turn lanes, avoiding offset challenges. Fewer conflict points (by a factor of 4), reducing overall crash volume and severe injury/fatal crashes. Incorporate pedestrian refuge at the crossing of each leg and use reverse curve to control approach speeds. This innovative alternative does create challenges that will be vetted at the earliest stage of preconstruction, including: the west leg will conflict with the ephemeral stream that ties into Sycamore Creek and increased compensatory mitigation from Trinity River Mitigation Ba nk. ©IMPROVE N-E & S-W MOVEMENT d -' Risk mitigating, Safety enhancing The indicative design currently proposes 30-foot radius returns as designated in MTP. Due to existing and future industrial developments, Hemphill Road is designated as a commercial connector. We will consider adjustments to the right turning movement geometry based on a WB-62. Both the northwest and southeast quadrants of the t►►ttit►1A r : f'rj� �� mksiwurn skr� w [vrls++I�+u rryr ��M.Ha� Ysxter k � ssf.aban Indilative design acute intersection are at an acute angle, causing off -tracking challenges. A right turning WB- 62 truck will need to occupy the adjacent through lane or45-foot radius (LEM and ' will mount the curb —causing channelized right (RIGHT) potential safety and long-term alternatives will be analyze maintenance issues. We will consider widening the curb returns to 45-feet, compliant with recommended radii for commercial collectors, or installing a channelized right turn lane, in line with the CoFW Engineering Manual and design of future Hemphill Road. We will confirm locations of pedestrian push buttons, in compliance with City and ADA standards, and update signal timing plans to account for the longer travel distances for pedestrians. PROVIDE ZERO OFFSET ON LEFT TURN LANE s Cost saving, Safety enhancing The positive left turn offset does not provide the appropriate sight line required for drivers to safely turn left. Driver's line of sight will be obstructed by vehicles in the opposite left turn bay. We propose to decrease the raised median width from 4-to 2-feet on bath approaches to provide a zero offset turn lane and clear the line of sight for opposing left turn vehicles. This improvement is critical due to the horizontal curvature on the intersectionttt►`�� approaches which will impede ►�` ..1 sight distance more severely • than a ta nge nt sectio n. This not only shrinks the pavement --� footprint on intersection approaches, but also shortens Our team has the taper required to implemented similar transition from the westbound zero offset designs on lanes along the bridge to the CoFW's Ray White intersection approach left turn Road and Cromwell lane, saving $150,000. Marine Creek Road. V► ❑ErAILED PROJECT TEAM & WORK PLAN/APPROACH i1 i ECHNICAL PROPOSAL I DESK 1N-BLJILD SERVICES FOR EXTENS101q OF EVERMAN PARKWAY T7 ADDRESS NON -COMPLIANT SIGHT DISTANCE Q s Risk mitigating, Safety enhancing Traveling eastbound on the UPRR bridge, the 510' horizontal curve combined with no shoulder and a traffic barrier separating the SUP, reduces stopping sight distance to 146 feet, which is below the required 232 feet per AASHTO RDG for 35 MPH design speed. Our team has analyzed multiple options to alleviate this issue including designing a larger radius on the horizontal curve, widening the bridge deck to add shoulders, and replacing the barrier separated SUP with curb only. Based on the current bridge geometry we believe that a larger radius or compound curve will yield the most cost-efficient design and comply with the required AASHTO criteria. ©EVALUATE BOX CULVERT VS BRIDGE 0 E2 Cast saving, Schedule saving, 10 Risk mitigating Our team has analyzed the option to span Sycamore Creek with bridge crossings and concluded that using a single span for Everman Parkway and multi -span for Hemphill Road, may offer innovative solutions to reduce cost and mitigate risk. During preconstruction, we will develop conceptual layouts and perform a cost -benefit analysis to build on our initial evaluation of each crossing type: BOIL CULVERTS BRIDGE CROSSING (indicative design) (innovatiVe alternative) Occasional maintenance Narrower channel (sediment, debris) reconstruction Requires access ramps Avoids conflict with into channel waterline reconstruction Long headwalls needed to Bridge foundations stay within ROW designed to avoid utiI ity conflicts Reconstruction of existing water and sewer lines Eliminates future that cross at the culverts maintenance costs to clean culverts Greater construction risk due to longer duration of Reduces construction time work in channel potential in channel, minimizing risk for high water events and associated costs MINIMIZE WALL USING SLOPE EASEMENTS Q M Cost saving, Schedule saving, i Safety enhancing The indicative design includes retaining walls along the north and south of Everman Parkway to the east and west of the Hemphill Road intersection. Though the south wall is needed to provide clearance for the future Majestic development, replacing the north wall with a sloped embankment may reduce cost by $100,000. During preconstruction, we will perform a slope stability analysis to define the limits of the embankment and side slope based on the roadway profile and existing ground elevation. We will not move the ROW line and instead, define a slope easement to capture the limits of the embankment including 10' for maintenance access at the toe of the slope. This approach will be used to evaluate all potential walls on the project to determine if a slope easement is a better approach. OPTIMIZE THE CHANNEL CHANGE ® Cost saving, Risk mitigating Q Safety enhancing 5treambank protection will be a vital part of the design as the existing steep bank slopes are eroding. We will consider placing two box culverts or bridge spans — unless a roundabout alternative is considered —that will allow Sycamore Creek to flow along the natural path. The hydraulics of the creek will change which may impact the downstream channel velocities and flow, requiring mitigation and modeling using HEC programs. A no -rise solution must be developed. The existing vertical side slopes downstream require a design that considers global stability and shear stresses in the channel banks. Banks should be protected with. - hard armoring solutions, such as an articulated �;` block wail. Hard armoring will require adequate toe wall design or embedment of an articulated block wall system founded on bedrock. The design will allow for adequate transition of the protected Slopes to the natural steep slopes. We will consider protecting the steeper channel banks by extending the armored limits to a downstream location where Sycamore Creek begins to migrate away from the toe of slope. We will consider slope protection systems, such as the riprop Misty designed along Shoreview Drive near Lake Worth in CoFW. To address the hydraulic and geotechnicol conditions, similar to Sycamore Creek, she used an alternatives analysis to evaluate long-term maintenance implications and cost benefit. CONCEPTS TO IMPROVE PROJECT DESIGN & PROJECT DELIVERY EFFICIENCY :.ii':i PROPOSAL I DCSIC�N-BuIEb SERVICES FOR EXTENSIOH OF EVCRMAN PARKWAY 12 J I C30=IMIZE THE CHANNEL CHANC;x. CONTINUED Another challenge will be to protect the open area between the two culverts. We will use the existing hydraulic models and leverage past experience in transitional flow between pressurized culvert systems that lead to open channel hydraulics. Velocities and deflected change in direction of the creels between the proposed culverts will be considered in the design. Culvert orientation will also be assessed to direct flow downstream, while balancing the orientation of the culverts to reduce streambank erosion. Our experience shows that keeping the open area between the culverts natural may create more maintenance challenges due to the transitional flow and change in creek direction. Erosion in this area will cause displacement of sediment downstream. We will consider various armoring methods between the two culverts including articulated block walls, environmentally friendly channel lining, and appropriately sized riprap. This area will need to be easy to maintain with adequate access and maneuverability (maintenance ramp to the bottom of the channel). Our proposed solution will balance implementing a maintainable design while minimizing environmental impacts, including potential environmental mitigation costs/permitting. We will leverage our relationships with CoFW staff to incorporate long-term erosion protection and stream stability considerations. 0 OPTIMIZE MATERIAL SOURCING Q 10 Cost saving, Risk mitigating Early consideration to pre -casting concrete can accelerate construction for bridge, culvert, and storm drain infrastructure. We will comply with CoFW Standard Specifications (including Tx DOT Bridge Manual) and run cost/benefit and sequencing models to determine effectiveness of pre -cast infrastructure. We will leverage our national buying power and local manufacturer/supplier relationships with pre -approved commercial wholesalers, to buy out critical path items including pre -cast bridge deck panels (Bexar, Texas Precast) and box culverts/storm drain pipe (Forterra, Jensen, Rinker), and seek options to source bent caps, headwalls, and flared end sections. We intentionally set up vendor agreements with multiple vendors to diversify sourcing and mitigate risk in today's capacity -constrained market. We communicate openly with our suppliers to understand their lead times and secure a position in production queue far custom and off - the -shelf material (rebar, steel forms, rented equipment). When possible, materials are fabricated ahead of construction, stored at the suppliers facility, and delivered multiple days before install. This approach limits multiple handlings of material and reduces overall cost to the City. 0 MITIGATE DELAY WITH GAS FRANCHISE UTILITY ® © Schedule saving, Risk mitigating We will work wlth BKV Damage Prevention Supervisor, Charles Vaughan, to proactively mitigate potential delays due to gas franchise utility relocations. His team will be included in our design concept and final design construction reviews (to secure permit) and be on -site during construction. We have allocated a 4-week window for the BKV team to review and approve all cross sectional drawings that will detail vertical profile offsets between construction limits and top of utility, to promote clear project understanding. All critical crossing locations will be potholed (Qt-A SIJE) and incorporated into our 3D design models to support Automated Machine Grading during construction. The 6" gas line relocation east of UPRR is a critical path item and has already been assigned an early works package to help expedite design. Through discussions with BKV, we believe relocations will require six months following NTP. During construction, we will provide Charles's team 72 hours advanced notice of activity, in accordance with their encroachment permit, to further minimize risk of delay. — CROMWELL MARINE CRREK ROAD BKV— Abandoned 16" BVK pipeline to be cut/capped C/Llbronoxar) II - nipollna relocat+on We are successfully negotiating a 900' BKV relocation on CoFW Cromwell Marine Creek Road and have developed standard reimbursable agreements, plans, and estimates. Using a similar approach, we have already started planning with BKV to sheet Everman Parkway's schedule. ENGAGE EARLY WITH ONCOR M Q Schedule saving, Risk mitigating Existing N-S distribution line will need to be under - grounded to allow for the elevated roadway. Our proactive engagement with ❑ncor Design Supervisor, Anthony Cognasi, identified that though the project is in Oncor's internal programming system, design has not begun. We will immediately design the foundation package of the UPRR bridge unit so Oncor can begin their redesign early. We will schedule weekly touch points with rancor staff, at our co -located office, and use our relationships as their preferred provider to mitigate 3-4 months of schedule risk. Burns & McDonnell hos designed $500t million of l�cor:. improvements for Onror in 5 years. Our knowledge C of their processes will offer project efficiencies for CoFW. CONCEPTS TO IMPROVE PROJECT DESIGN & PROJECT DELIVERY EFFICIENCY LIiIV1C. .,. FRC7C'SAC I DES143h-BUILD SERVICES FOR. Ei{TCIdSIOI+} CIF E-VERMA11 RARKWA,/ 13 0 MITIGATE SCHEDULE DELAYS THROUGH UTILITY COORDINATION Q ® Cast saving, Schedule saving, d :1 Risk mitigating, Safety enhancing Through close coordination, our integrated construction and design teams will confirm that QL-A SUE is completes{ so critical gas lines are not impacted. Specific procedures, outlined in our QA/QC Plan, will confirm that all drilling will avoid located utilities. At locations where equipment encroaches into established easements, we will calculate ground bearing pressures from drill rigs and cranes and verify permit compliance. Equipment pads designed and built to disperse loads away from gas lines will be installed. Subsurface vibration monitoring systems will be installed to avoid conflict and trigger potential cut-off switch activation with the adjacent lines. Shoring protection for open trench excavations will consider live railroad loading and be included in our encroachment permit. After permit approval, we develop our in-house work plan, detailing expectations, procedures, equipment locations, safety, and communication plans. These work plans will be reviewed on -site with CoFW, BKV, Williams, Energy Transfer, Oncor, and UPRR representatives daily and Superintendent, Kenny Blancho and Safety Manager, Dillon Grieme, will confirm procedures are strictly followed. EXECUTE SEAMLESS UPRR PERMITTING PROCESS ® 10 Schedule saving, Risk mitigating Building on his RailPro's experience completing hundreds of projects on this UPRR track, our Fort Worth -based UPRR Coordination Lead, Taylor Smith will complete over -the -shoulder reviews with UPRR prior to submittals to increase our chances of quick approval. While on - site, Superintendent, Kenny Blancho, will monitor and confirm compliance with approved permits at all times, avoiding any delay or breach that would impact the UPRR or foul the track. Our team's GPS-equlipped flaggers will accompany the UPRR Roadway Worker in Charge (RWIC) to enhance safety and coordination. As a critical measure of redundancy, our flaggers will also be certified RWICs, able to assume the role on short notice as necessary. To accelerate delivery, our team will submit 100% UPRR bridge drawings and secure the Exhibit A permit while the rest of the project is being designed. Once approved, we will use our experience in delivering and placing extended - span pre -stressed girders above live railroads (short duration closures only) to submit a compliant Erection Plan. Steve Kellerman, PE (Preconstruction Manager), Zach Moore (Construction Manager), and Kenny Blancho (Superintendent) all have successfully received approval and executed on submitted UPRR Erection Plans. While the section spanning UPRR is complex, our team will isolate this scope to optimize project phasing and avoid delay. 0 BUILD FLEXIBILITY FOR FUTURE LOCAL. FREIGHT Q *Cost saving, Risk mitigating The approved TIA does not indicate need for right turn lanes at the Everman Parkway/Hemphill Road intersection. With anticipated and likely future freight - based developments in this area, WB-62 truck turning movements will become more frequent and aver -all volumes will increase, causing level of service degradation. The current retaining wall locations do not account for potential future right turn lanes at the intersection which will require expensive modifications in the future. Proposed truck traffic percentages and growth rates will need to be approved by the Oty to enable our team to conduct additional traffic analyses using Synchro, verifying the need for the channelized right turd. We will facilitate a meeting with adjacent development leads to identify expected traffic, truck volume, and timing (such as shift changes) that could further inform the traffic analysis evaluation. Though we do not recommend adding the turn lanes as part of this project, a nominal investment in ROW acquisition now (dedicated by Majestic), may yield $2-3 million in future savings. Leveraging our team's ongoing work as Majestic's Engineer of Record for this site, we will work seamlessly with their team to acquire additional ROW in each quadrant, push wall locations out (creating slope easement), and install low maintenance landscape. ROW acquisition now will prevent major modifications to this intersection in the future. DRIVE EFFICIENT ALTERNATIVES ANALYSIS e Q EM Cast saving, Schedule saving The indicative design is an effective starting spot for innovation, Our goal is to dive deeper into the alternatives analysis to find additional value for the City, building on what has already been completed. Before any significant changes are made, we will conduct a rigorous alternatives analysis, in close collaboration with Freese & Nichols and CoFW, to build consensus quickly and accelerate toward detailed design and a G M R We suggest weekly in -person meetings, with all key decision makers (CoFW TPW, Water, Floodplain, Urban Forestry, Development Services, Traffic Management, Structures, Storm Water, ROW, Parks & Recreation, and Freese & Nichols) to present alternatives; confirm project criteria is met, all positives/negatives identified, and cost/schedule impacts discussed; and ultimately decide and document important decisions. We will support these meetings by developing a 30% design roll plot to expedite an over the shoulder review. Our bid package plan will require each scope to be designed to a specified level of development. While the lighting plan may ❑nly be 30% complete, UPRR plans and plans for early construction packages will be 100°% complete to facilitate approvals and allow us to have shovels in ground the day after construction NTP, to hit your schedule deadlines. �:► ❑ETAiLED PROJECT TEAM & WORK PLAN/APPROACH \1 't GHNICA, f Rt i OSAL I DESIC;•. 011-G SERVICFS FOR F_, TENS10H C+P- CVERMA l r APhVv 14 �tti fi s�Vr ti .. 0.16 fws ,5 b Our Three Phased Sequencing Approach: We have strategically aligned Phases IA & TB to coincide with box culverVin ,channel work during seasonably dry months. These phases also account for water line work that must be completed during off peak demand months. Phase 2 enables BKV permitting and relocations to be completed without impacting project progression. Building the UPRR bridge in Phase 3, allows retained fill to consolidate and provides risk mitigation in the event of permitting delay. ENHANCE EFFICIENCIES IN PROJECT PHASING 0 M Cost saving, Schedule saving, d - Risk mitigating, Safety enhancing Site access from the south and east only: ❑ur relationship and ongoing partnership with Majestic has confirmed our ability to access the project (through their development) from the south, minimizing impacts to Lincolnshire neighborhood and Parkway Elementary. All import material will use quarries (Hansen, Texas Materials, Big City) or private land (farms, ranches) in southern Fort Worth to minimize haul distance, save project costs, and promote sustainable development/lower vehicle emissions. Time of consolidation for deep fills: We recognize that in areas of deep fills (VISE at bridge ends), import material will need time to consolidate before surcharging and loading to avoid long-term settlement issues. MSE import material will be strategically bought from locations (Hansen, Martin Marietta) where soil is at, or near, optimum moisture content to avoid moisture conditioning delay and cast. Our Construction Manager, Zach Moore, has already identified a sequence of work to keep the project site productive while the soil is "calming down". Types of cranes and single crane picks: We have secured potential qualified crane rental vendors (Maxim, Bigge) and lined up Burns & McDonnell -awned equipment to supply lattice boom crawler cranes for bridge construction. These cranes are in high demand and self -perform operations and relationships with vendors means we can get to the front of the queue more quickly. Cranes used to set pre -stressed girders will be large enough to lift withaut assistance and will not exceed 75% capacity. Single crane lifts will be the safest way to lift girders, and using this approach will lead to more efficient operations. We will use two-way radios on a dedicated frequency to reduce communication errors between our certified signal lead and operator. Avoid unnecessary cofferdams with proper planning: The box culvert (single with Mend or two box structures) will Kimley-Horn's role as Engineer of Record for Majestic's Hemphill Road development will help optimize construction phasing. Dana Shumard, PE will continue to serve as the €i lead integrator between our l team and the developer: be installed in phases during the historically dry season between June to September, No -rise design will require Channel widening causing the box to be installed in phases. We will identify critical 7-day working windows with favorable weather to install this infrastructure. Within this time frame, we schedule our crews using 2-week lookahead so they can effectively plan for weekend work. This will eliminate intermittent phasing that would require fioodway mitigation strategies, such as cofferdams, that can be costly, time consuming, and restrictive due to permitting covenants. 0 SECURE ADJACENT LAYDOWN AREA & MATERIAL YIELDS 0 Q Cost saving, Risk mitigating Through our existing partnership with Majestic's Vice President, Cameron Pybus, we have built a level of mutual trust. Cameron and his team understand our plan and are ready to support the Burns & McDonnell team as needed throughout the delivery of this project. As noted above, Majestic has already confirmed our ability to use the southern access along Hemphill Road for the duration of construction. This will give us access to bring in import material (base rock, embankment) and oversized loads (OSOW pre -stressed beams) seamlessly. We are also in the process of negotiating a lay down yard directly adjacent to the project on Majestic property, to further minimize haul distances, downtime during start up, and increase the material's proximity to the project site —resulting in a lower project cost and a shorter construction schedule. ❑ur team is actively sourcing land with known, large quantities of rock that will meet project specifications (flex base) when crushed. Upon NTP, we will complete MOLis with landowners to place an option on the potential source material, which can be converted after GMR This will help address volatility in the supply chain for the Burns & McDonnell team, reduce project costs for the City, and provide a beautiful new pond for the land owner to enjoy — a true win for all parties. DETAIL€D PROJECT TEAM & WORK PLAi IAPPROACH -;_i.I; .ii. PROPOSAL I ❑ESIGN43HILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY is i f 41 wr� INN L W-VT Burns & McDonnell's procurement approach aims to create competition by soliciting proposals through a fair and open process to create best value. We are partnered with The Rios Group (WBE), Geotex Engineering (MBE), and Stateside Right -of -Way (MBE) for preconstruction phase services and have started Outreach with the regional Hispanic Contractors Association, local AGC, and united Black Contractors Association to identify potential subcontractors and suppliers to compete for construction services, creating best value and allowing our team to meet or exceed the City's business equity goals. To provide high quality construction, competitive pricing, and diverse Subcontractor and supplier opportunities, our team will develop the size and scope of procurement packages to efficiently meet project deeds while placing the work within reach of diverse, local project partners. In addition to ongoing sourcing efforts, our project team will look to engage local MWBE firms during the construction phase by: ■ Working with CoFW DVIN, local chambers, councils, and development organizations that promote business opportunities for MWBE firms • Including MWBE firms in all solicitations for products or services ■ Reviewing solicitations to remove statements and clauses which may tend to restrict MWBE participation • Monitoring and evaluating compliance As requested in the RFP, this section details Burns & McDonnell's Pre -construction Phase Services Business Equity Utilization Plan and corresponding preco n stru ctio n phase forms for the City's review. Subprovider and supplier participation during the construction phase will be determined during pre -construction. PRECONSTRUC -Inn PHASE BUSIN.ES= EQUIT', I.;TILIZATION PLAN SLUE, franchise utility 3.75% Rachel Navejar Phillips 1 817-345-7500 coordination upon NTP 7400 Sand Street, Fort Worth Geotechnical engineering 11.81% Mark Thomas 1 903-420-0014 upon NTP 14805 Trinity Boulevard, Fort Worth ROW documentation 0.83% Brent Patterson 1 817-369-3191 Upon NTP 3010 LBJ Freeway, 41490, Dallas H&H modeling, storm drain, roadway, traffic control, 28.85% Dana Shumard 1817-339-22S6 survey, signalization/analysis, upon NTP 801 Cherry Street, 41300, Fort Worth signing/marking, illumination UPRR coordination, 0.53% Taylor Smith 1 469-699-0506 flagging, Exhibit A upon NTP 1320 Greenway Drive, #490, Irving *Expected value represented os an expected percentoge of the pre -construction phase services. Expected value of construction phase services will be determined fallowing pre -construction. Timing of all advertised major work elements for construction will be determined during pre -construction in Baird quarter of 2024, to align with City's proposed schedule. "Non -Business Equity Firm COMPLIANCE NITN BUSINESS DIVERSITY ENTERPRISE ORDINANCE 'LI.AL I'RC)POSAL I EESIGy-EU1L1==ERVIC.ES FOR EXTErdSIOH OF CVERMAIV PARKWA)' QTHE RIOSGROUP January 17, 2024 Bums & McDonnell 777 Main Street Suite 2500 Fort Worth, TX 76102 7400 Sand Street I Fort Worth, Texas 76118 817-345.7500 p 1 817.345,7505 f RE: SUBCONSULTANT LETTER OF INTENT DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY The Rios Group. Inc. is pleased to support Burns & McDonnell as a subcontractor for the City of Fort Worth's Design -guild Services for Extension of Everman Parkway (City Project No. 103271). Should the Bums &. McDonnell team be awarded this contract, The Rios Group, Inc. will provide the requisite time, personnel, and experience necessary, as outlined in the proposal, to accomplish the objectives of the project. The Rios Group, Inc. (TRG) is a minority -woman owned Texas Corporation, established in 2012, and headquartered in Fort Worth. Over the last 11 years, TRG has provided responsive, reliable and full service professional Subsurface Utility Engineering (SUE) and Utility Coordination (UC) for numerous public -sector agencies and private clients, small and large. throughout Texas, TRG has provided over 14 million linear feet of Quality Level B services, over 35,000 Quality Level A test holes, and owns its equipment consisting of 33 designating vehic#es, and 16 Vacuum Excavation Units, as well as care drills, traffic control equipment, and other necessary ancillary supplies. We look Forward to the opportunity to partner with the City of Fort Worth and the Burns & McDonnell team on this important project. Sincerely, Rosa Navejar President 817.345.7500 rnavejor4mos-grow p,com SUBSURFACE UTILITY ENGINEERING I UTILITY COORDINATION www.rios-group.com COMPLIANCE W1TN SUSINESS DIVERSITY ENTERPRISE ORDINANCE 11 i ECHNICAL PROPOSAL I DESIGN -GUILD SERVICES FOP EXTf NSION or- EVERMAN PARKWAv' it GEOTEX - ENGINEERITIG January23, 2024 Burns & McDonnell 777 Main Street Suite 2500 Fort Worth, TX 76102 RE: SUBCONSULTANT LETTER OF INTENT DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY Geotex Engineering, LLC (Geotex) Is pleased to support Burns & McDonnell as a subcontractor for the City of Fort Worth's Design -Build Services for Extension of Everman Parkway (City Project No. 103271). Should the Burns & McDonnell team be awarded this contract, Geotex will provide the requisite time, personnel, and experience necessary, as outlined in the proposal, to accomplish the objectives of the project, Since 2014 Geotex Has been awarded 9 prime TxDOT geotechnicaI contracts ranging in value from $ 1 M to $4M, and has served as geotechnical subprovider on numerous transportation design contracts across Texas, Including the $1B+ DART SRverline design/b0d project in North Texas. We look forward to the opportunity to partner with the City of Fort Worth and the Burns & McDonnell team on this important project. Sincerely, Mark G. Thomas, P.E., P.G. Vice President of Engineering 817-846-3302 mthomas@geotex-engineering.com CORPORATE OFFICE I 171) 001,3 1 r Q Bess $55 Collinsville Taxes 76233 1 geotex•engineering.corn COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE ECHNICAL I,ROPOSAL I DESIGN -BUILD SERVICES FOR EXTEr4SION OF EVf=RMAN PARKWAY iii Stateside Right of Way Services nai �ar•nrun 3901 W. Pioneer Parkway Arlington, TX 76013 January 19, 2024 Burns & Mcdonnell 777 Main Street Suite 2500 Fort Worth, TX 76102 RE: SUBCONSULTANT LETTER OF INTENT RESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY Stateside Right of Way Services, LLC ("Stateside") is pleased to support Burns & McDonnell as a subcontractor for the City of Fort Worth's Design -Build Services for Extension of Everman Parkway (City Project No. 103271). Should the Burns & McDonnell team be awarded this contract, Stateside will provide the requisite time, personnel, and experience necessary, as outlined in the proposal, to accomplish the objectives of the project. Stateside is a certified Historically Underutilized Business (HUB) and a Disadvantages! Business Enterprise (DBE/WBE) established in 2009 by the President, Diane Valek. Stateside will support this project through its local office located in Arlington, Texas. Stateside has supported previous projects for the City of Fort Worth as a subcontractor for Burns & McDonnell and is familiar with the City of Fort Worth's preferences, processes and procedures. Stateside is pleased to offer turnkey right of way acquisition, relocation and eminent domain support services as well as provision of title and appraisal services through our elite network of business partners. We look forward to the opportunity to partnerwith the City of Fort Worth and the Burns & McDonnell team on this important project. Sincerely, Diane Valek President 817.369,3191 dianev@statesiderow.com DALLAS I ARLINGTON I TYLER I TEMPLE I HiOUSTON 4 COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE �.IC:I' ROPOSAL I DES1QN-DL)1L_❑ SJ=R11. CS FOR EXif NSIO7 J C,F J=VCRMA1,1 rARKWAr IV Kimley>»Horn January 22, 2024 Burns & McDonnell 777 Main Street Suite 2500 Fort Worth. TX 76102 RE: SUB CONSUL TA N T LETTER OF INTENT DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY Kimley-Horn and Associates, Inc. is pleased to support Burns & McDonnell as a subcontractor for the City of Fort Worth's Design -Build Services for Extension of Everman Parkway (City Project No. 103271). Should the Burns & McDonnell team be awarded this contract. Kimley-Horn will provide the requisite time, personnel, and experience necessary, as ❑utfined in the proposal, to accomplish the objectives of the project. Kimley-Horn and Associates, Inc. is a multidisciplinary firm founded by transportation engineers in 1967. Since our founding, Kimley-Horn has expanded to over 130 offices nationwide. In Texas alone, we have 21 offices with more than 1,500 employees. Kimley-Horn is one of the largest roadway design specialty consulting firms in the nation. Collectively, our engineers have been responsible for the design of thousands of miles of roadway across the U.S. We are well equipped to address all related aspects of roadway design projects, such as intersection geometries, utility relocations, NEPA documentation, traffic control, signalization, structuralibridge design, and other features. For this project, we are proud to leverage our vast base of expert engineers to provide support services related to H&H modeling, storm drain, roadway, traffic signal, traffic control, signing, and marking, illumination design, and water and sewer relocation design, survey and intersection analysis. We look forward to the opportunity to partner with the City of Fort Worth and the Burns & McDonnell team on this important project. Dana Shumard, P.E. Senior Vice President 817,339.2256 dana.shumard@kimley-horn.com COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE \\ _l_1IIVJCAL r RCAPO5AL I DESIGN-EL,ILG :=ER, i :_ r+7R LI'J' CIQ J nP CV RMAI•I rARI{WA,' January 18, 2024 Burns & McDonnell 777 Main Street Suite 2500 Fort Worth, TX 76102 RE: SUBCONSULTANT LETTER OF INTENT DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY r r Z�61;j 1320 Greenway Dr„ Suite 490 Irving, TX 75038 4577E 315-0513 RailPros Inc. is pleased to support Burns & McDonnell as a subcontractor for the City of Fort Worth's Design -Build Services for Extension of Everman ParkWay (City Project No. 103271). Should the Burns & McDonnell team be awarded this contract, RailPros Inc. will provide the requisite time, personnel, and experience necessary, as outlined in the proposal, to accomplish the objectives of the project. Headquartered out of Irving, TX, RailPros is a leader in railroad engineering and Field services, specializing in the design, flagging, and construction management of railroad infrastructure and related systems. Rail isn't a part of our business, it IS our business. We are dedicated to being the premier engineering and diversified safety services company. We look forward to the opportunity to partner with the City of Fort Worth and the Burns & McDonnell team on this important project. Sincerely, Taylor K. Smith Director of Public Projects 469-699-0506 taylork.smith@railpros.com COMPLIANCE WITH BUSINESS DIVERSITY ENTERPRISE ORDINANCE CCIINICAL_ i Ei'OP054L I DC51GN-E3LJIL0 SF_RV1C;F_S FOR EXTENI;I. �;J OF EVERMIAPd PARKWAi' V1 City of Fort Worth ATTACHMENT 1A FORT WORT H Page t of 4 Business Equity Utilization form Disadvantacied Business Enterprise Utilization Form (Applicable if Federal lv-Funded) PRIME10FFERORiOWNER COMPANY NAME: Burns & McDonnell Engineering Company, Inc. PROJECT NAME: Design -Build Services for Extension of Everman Parkway PROJECT NUMBER: BID DATE.- iCity's Business Equity Goal: Zmmitment; eror's Business Equity (or DSE) No. 103271 TBD I �(Check if addressing DBE Goal) 15 % % Check all applicable boxes to describe Not Certified 1:1MBE 1:1WBE 1:1DBE 1:1HUB ❑VOSBSection 3 Prime/OfferOrlOWner's Classification: 1-1 Certifying Agency: ❑NCTRCA EDIFW MSDC [:]TX DOT ❑WBCS �Other NA Ethnicity: African American Hispanic 1-1 Caucasian Asian ❑ Native American Gender: []Male []Female Non -Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this Form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception- CFA, ICA, and CDBG proiects, documents will be submitted to the City Proiect Manager if publicly said or to the Developer if privately bid. The undersigned PrlmelCfferor agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer protects), The intentional andlor knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the Citv of Fort Worth including oortions of Denton. Parker. Wise. and all of Tarrant. Dallas. and Johnson counties. Certified means those Business Equity Firms, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (DIFW MSDC) and Women's Business Council -Southwest (WBCS). if hauling services are utilized, the PrimelOfferor will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive Full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Federally•funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials a supplies towards the goal, If the materials or supplies are purchased from a DBE requtar dealer, count Bp percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the jab site, In all cases, the P rim elOfferor is responsible to identify the amounts to be used toward the committed DBE goal. Note: For DBE Goals. 60% of the services count towards the goal. Effective ❑volrzazl Updated 03124Q= COMPLIANCE VVfTFI BUSINESS wvERsIry ENTERPRISE ORDINANCE rr ';AL I D_.:, _ .a Fr,;. - _•.i:I. 4 r _, _i.; � %. vif FORT WORTtj Business Equity Utilization Farm Page 2 of 4 Please note that only certified business Equity hrms will be counted to meet the Business Equity goal. PrimelOff - L_ �Auired to idenitify ALL subcontractorslsuppliers, regardless of status: i.e., Business Equity firms and non -Business Equity firms. Prime/Offerors must identify by tier level all subcontractorslsuppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Pri m e10 ffero r to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The PrimelOfferer is responsible to provide proof of payment of all tiered su b-co n tractors)su p plie rs identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal, Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a tiertifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this boxHlf certified (Prime Contractor All be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Eauitv firm names as listed on their certification. including DBA names. NAMES AND ADDRESSES OF CONTRACTO R SIS U P P LI ER S i (Business Name: The Rios Group Address: 7400 Sand Street, Fort Worth Phone: 817-345-7500 Email: rphiilips@rios-group.com Contact Person: Rachel Navejar Phillips Business Name: Geotex Engineering Address: 14805 Trinity Blvd, Fort Worth Phone: 903-420-0014 Email: mgthomas@geotex-engineering .Corn Contact Person: Mark Thomas Business Name: Statewide ROW Address: 3010 LBJ Fwy, #1490, Dallas Phone: 817-359-3191 Email: t�rentp@statesiderow.com i Contact Person: Brent Patterson TYPE OF SERVICESISUPPLIES Specify Tier Certification Agency PROVIDED (NAICS Required) Name 1st Tier Type of ServicelSupplies: SUE, franchise utility coordination Code:8711 $ AMOUNT: $2,400.00 Type of Service/supplies: Geotechnical engineering NAICS Code: 541380 $ AMOUNT: 259,280.00 Type of Service/Supplies: ROW documentation Code. 541370 $ AMOUNT: 18,268.00 1 st tier Gertlriea ny: V( DIFW MSDC �✓•kCTRCA ITXDCT �WBCs ]other; SCTRCA, HUB 1 st tier Certified By: --IDFW MSDC F INCTRCA 2]TXDOT []WBCS Other: I WBENC, HUB 1st tier Certified By: r:]DFW MSDC 1:07INCTRCA �ITXDOT E:]WBCS ]other: HUB, CPA Gender and Ethnicity: 11 Male FE Female ❑ Non -Binary ❑ African American 0 Hispanic ❑ Asian Caucasian Native American ❑ Male ❑f Female Non -Binary African American ❑ Hispanic ❑ Asian ZCaucasian 0 Native American Male ❑� Female ❑ Non -binary African American Hispanic Asian ❑V( Caucasian Native American Effective 01/01/2021 Updated 0312412M t` COMPLIANCE WIrM BUSINESS OIVERSl7Y ENTERPRISE ORWINANCE I. ;-.L .IROP iSAL I f2ES1+.jr,-'', r.r viii R)RT WORTH ATTACHMENT TA Page 3 of 4 Business Equity Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. NAMES AND ADDRESSES OF TYPE OF SERVICESISUPPLiES Specify Tier Certification Agency Gender and Ethnicity: CONTRACTORSISUPPLIERS PROVIDED (NAICS Required) Marne 1st Tier Business Name: NA Type of ServicelSupplies: Type Certified B male Female Non -Binary Address: QIFW MSDC African American Hispanic NCTRCA Phone: NAICS Code: TXDOT WBCS Asian Email: Caucasian Native Other: American Contact Person: $ AMOUNT: Business Name: NAY: Type of ServicelSupplies: Certified B Mafe Female Non -Binary Address: QFW MSDC African American Hispanic, NCTRCA Phone: NAICS Code: TXDOT WBCS Asian Email: Other, Caucasian Native Contact Person: $ AMOUNT: American Business Name: NA Type of ServicelSuppiies: Certified B y: Male Female Non -Binary Address: DFW MSQC NCTRCA African American Hispanic Phone: N.0'-Cs Code: TXQQT WBCS Asian Email: Other: Caucasian Native Contact Person: $ AMOUNT! American Business Name: NA Type of ServicelSupplies: Certified By: Maie Female Non -Binary Address: ❑FW MSDC African American hispanic NCTRCA Phone: hIN:CS Code: TXDOT WBCS Asian Email: Other Caucasian Native Contact Person: $ AMOUNT: American Effective 01/01/2021 Updated 03/24/2022 COMPL1ANCE WITH BUSINESS DiVERSfTY ENTERPRISE ORDINANCE -.AL I r3ESIISN—L'.{-'ILIA ';' RVICLS F 0 P _.:7F-Id` I •.s Ot FoP,T WOP,TH Business Equity Utilization Form Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ 1,190,464.00 Total [Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/SuppIiers $ 359,948.00 Total ❑olIar Amount of Non -Business Equity Subcontractors/SL{pptiers $ 645,052.00 TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORSISUPPLIERS $ 2,195,464.00 ATTACHMENT IA Page 4 of x The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of ChangrelAddition online. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners. principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Auth t5�ed S- naZ = ` Regional Practtsfvlartager, ❑B Project Manager Title Burns & McDonnell Engineering Company, lnc. Company Name 777 Main Street, Suite 2500 Address Fort Worth, TX 76102 City)State/Zip Code Department of Diversity and Inclusion - Business Equity Division Email: DVIN—BEOffice@fortworthtexas.gov Ph: 817-392-2674 Andrew Reid Printed Signature NA Contact Name and Title (if different) 214-468-7951 Phone Number awreid@burnsmcd.com Email Address January 31, 2024 Date Effective 01 /0112021 Updated 0312412M COMPLIAIVCE WITH BUSINESS DIYERSrTY ENT,-RPRISE ORDINANCE -..AL D ti' isU{C-zS FOP F—•.77rldc ADDITI I REQUIR *4 z 4 wr too 4k, r r � 0 �� Exceptions to Agreement Burns & McDonneP has no additional exceptions, aside from those included in the Statement of Qualifications submitted on November 9, 2023. Conflict of Interest Burns & McDonnell certifies that we have a Conflict of Interest Questionnaire on fife with the City Secretary's Office. A copy can be provided upon request. Acknowledgment of Addendum 2 Burns & McDonnell acknowledges receipt of Addendum 2 to the City's Design -Build Services for Extension of Everman Parkway Request for Qualifications, issued January 5, 2024, We have provided a signed copy of this Addendum within this Tab. ADDITIONAL REQUIREMENTS I DESIC-iN-HDILD SEP'V1(-X-S FnR EYTENSION OF EVERMAN rARKWA,' !tE FOR DESIGN -BUILD SERVICES FOR EXTENSION OF EVERMAN PARKWAY FORT WORTH, 4 41 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT CAPITAL DELIVERY DIVISION JANC;ARY 5, 2024 ADDENDUM NO. 2 Addendum No. 2 issued: January 5, 2024 Responses are Due: February 1, 2024 at 1:30 PM CST 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 Proposals for Design -Build Services for Extension of Everman Parkway is hereby revised by this Addendum No. 2 as follows: A. Responses to Questions are included in Attachment A. This Addendum No. 2 forms part of the Request for Proposals for the above referenced project and modifies the original documents of same. Include a signed copy of this cover page of Addendum No. 2 along with submittal of the Proposal. Failure to acknowledge receipt of Addendum No, 2 below could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED: Company Burns & McDonnell Engineering Company, Inc. RFP AddendLim No. 2 - Design -Build Services for Extension of Evennan Parkway ADDITIONAL REQUIREMENTS cC,F NIC.r,i I UDC�IGr%-BL1ILD 5Ei!'V1CV5 FOR iX TF.WFICIN OF FVCHMAI! PARKWAT' Ot BURNS `MSDONNELL YOUR PDB PARTNER 777 MAIN STREET SUITE 2500 FORT WORTH, TEXAS 76102 February 1, 2024 City of Fort Worth (CoFW) Transportation & Public Works Department (TPW) 200 Texas Street, Fort Worth, Texas 76102 S BURNS &MSDONNELL. RE: Cost Proposal for Extension of Everman Parkway Design -Build; City Project Number 103271 Proposed Costing Methodology A. Pre -Construction Phase fee. Fee for the pre -construction phase services. Proposed Pre -Construction Phase Fee: $2,195,464.00 B. Construction Phase Fee that will be included with GMP Proposal. Proposed costing methodology for the construction phase fee to deliver the project as a percentage of the Cost of Work. Proposed Construction Phase Fee to be included with GMP: 3,50% C. General Conditions Cost. Proposed costing methodology for Cost, Overhead, and Profit to fulfill the General Conditions of the Design -Build Contract as a percentage of the Cost of Work. Proposed General Conditions Cost; 0.75% PRE -CONSTRUCTION PHASE COST MODELING APPROACH Burns & McDonnell will complete all services listed in the RFP, Section 4, A. Preconstruction Phase Services, for the fee listed in this proposal. This fee is lump sum and will be billed percent complete against progress made, ADDITIONAL INFORMATION & CLARIFICATIONS ■ Our team has based their preconstruction fee on receiving all design, data, and CAD files used to generate the indicative design as shown in the RFQ and RFP. ■ We have priced our Pre -construction Fee assuming a roll plat and flood study as the only deliverables for the 30% submittal. This roll plot and flood study will finalize roadway geometry; type, size, and location of structural elements; and will demonstrate an approved approach for hydrologic and hydraulic design. • We have assumed that topographic survey, SUE, geotechnical information, hydrology and hydraulic information, and all other City provided documents and data in the RFQ and RFP are accurate and may he relied upon, ■ We will establish the level of completeness of the design and plans prior to submitting the GMP. • our team proposes a 50/50 percent shared savings approach for the mutually agreed upon Design-80der's risk -based Contingency. • Final approved permitting is excluded from Pre -construction Services. Most agencies requiring permits on this project will not approve permits on less than complete plans. Final approved permitting will be secured in the Construction Phase. • Pricing was developed based on the anticipation of executing mutually agreeable Contract ❑ocuments through negotiation after the Notice to Selected Design -Build Contractor. Mayor & Council Map I CPN 103271 Pverman Parkway I CD #8 {Rosedale Springs Lane to Cameron Hill Point} 3 x Cgs?(�jj'i n Z .RINGS —0 2 > - �.- "r'``�v"".. APRILSPRINGS z s. C _ _ z ROSEQALI_ 5PRI.NGS p y 1 IIIIII Project Extent Pb Railroads Mao R^«y�amr lal3 ,ar, w+e.. rvv �w� svcwn x� ` 0 250 sw 1.000 Vkln Iy Ma = FM[ FORT WORTH. PSG¢ UT V m hA�Or�.Ric'�^,£ 1 y� `r `�FAw�Hrll CQ� - ep 0 x x City of Fort Worth, Texas Mayor and Council Communication DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0386 LOG NAME: 2024 DESIGN BUILD SERVICES FOR EVERMAN PARKWAY PROJECT 6ivjr111x+1r (CD 8) Authorize Execution of a Design -Build Services Agreement with Burns & McDonnell Engineering Company, Inc. for the Extension of Everman Parkway from Rosedale Spring Lane to Cameron Hill Point Project with a Preconstruction Phase Fee in the Amount of $2,195,464.00, a General Conditions Cost of 0.75% and a Construction Phase Fee of 3.5% of the Cost of Work, Within the Project Budget of $41,800,000.00 (2022 Bond Program) INZCK01I'll 1,,14► 97_rr1•11M It is recommended that the City Council authorize execution of a Design -Build Agreement with Burns & McDonnell Engineering Company, Inc. for the extension of Everman Parkway from Rosedale Springs Lane to Cameron Hill Point with a preconstruction phase fee in the amount of $2,195,464.00, a general conditions cost of 0.75% and a construction phase fee of 3.5% of the cost of work, within the project budget of $41,800,000.00 (City Project No. 103271). DISCUSSION: This Mayor and Council Communication (M&C) recommends authorization for execution of a Design -Build Agreement with Burns & McDonnell Engineering Company, Inc. (B&M) for the extension of Everman Parkway from Rosedale Springs Lane to Cameron Hill Point (City Project Number 103271). The agreement includes a pre -construction phase fee in the amount of $2,195,464.00 and also sets the construction phase fee of 3.5% and the general conditions cost of 0.75%, the latter two as a percentage of the cost of construction work. This project is being delivered using the Design - Build method which allows delivery flexibility via incremental components. After pre -construction phase activities have advanced sufficiently such that the project design and risks are suitably defined, a Guaranteed Maximum Price (GMP) for the construction phase will be established. The GMP is expected by late 2024 or early 2025, and excludes costs related -to land acquisition, project management, owner's representative (Freese and Nichols, Inc., CSC No. 59439) and other project costs being directly undertaken by the Transportation & Public Works Department. B&M was selected for this project using a two-step procurement process in accordance with Texas law. The first step, Request for Qualifications (RFQ), was advertised in the Fort Worth Star -Telegram on October 12, 2023 and October 19, 2021 The City received and publicly opened six responses on November 9, 2023. After evaluation and scoring by the Evaluation Committee, three firms were invited to submit proposals as part of the second step of the procurement. The City received three proposals on February 1, 2024, each including a narrative description of services proposed to complete the project including a fixed price for pre -construction services as well as a fee for both the construction phase and for general conditions (both as a fixed percentage of the GMP). The proposals were reviewed and a one -hour interview was conducted with each proposer. The City's Evaluation Committee ranked B&M the highest using scoring methods developed and published in the Request for Proposals. See the table below for the evaluation scores of the three shortlisted firms. Proposer Total yore Rank Bums & McDonnell Engineering Company, Inc. 97.8 Flatiron Construction Inc. 74.9 2 Sundt Construction Inc. 59.6 3 The fees included in the B&M proposal are as follows: • Pre -Construction Phase Fee: $2,195,464.00 • Construction Phase Fee (to be included in GMP): 3.5% ■ General Conditions Cost (to be included in GMP): 0.75% Connectivity and safety for the traveling public_are the project's primary objectives. The scope of the project includes the design and construction of a new section of Everman Parkway between approximately Rosedale Springs Lane on the west and Cameron Hill Point on the east. The proposed roadway includes an elevated roadway crossing at the Union Pacific Railroad (UPRR) tracks and a crossing of Sycamore Creek. The proposed grade -separated crossing of UPRR will be a major feature of the project to provide safe and uninterrupted travel for road users. Another key feature will he due consideration and mitigation of the effects of the project on the Sycamore Creek floodplain. This project provides additional connectivity between the Chisholm Trail Parkway and Interstate Highway 35W. It includes an intersection with future Hemphill Street which will ultimately provide north -south connectivity to Risinger Road. The proposed pre -construction budget and fees are considered fair and reasonable by City staff. The following table summarizes the current available funding for the project: Fund 2022 Bond Fund (34027) Misc. Funds (30104 & 30106) Impact Fee (30108) Old Capital Project Funds (39008) Total Existing Funding Additional Project Total Funding $ 11,100,000.00 $0.00 $ 11,100,000.00 $ 18,416,876.54 $0.00 $ 18,416,876.54 $ 400,000.00 $0.00 $ 400,000.00 $ 400,000.00 $0.00 $ 400,000.00 $ 30,316,876.54 $0.00 $ 30,316,876.54 This project is included in the 2022 Bond Program, with an additional 11,100,000.00 in bond funding as well as $400,000.00 in other City funding to be appropriated in FY2025. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provided liquidity to support the appropriation. Available resources will be used to make interim progress payments until the 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). MWBE Office: Burns & McDonnell Engineering Company, Inc.is in compliance with the City's Business Equity Ordinance by committing to 16.47% MWBE participation on this project. The City's MWBE goal on this project is 15%. The Project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund and the Developer Contribution Fund for the Everman Parkway (Rosedale Springs) project to support the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department is responsible for validating the availability of funds. Submitted for Citv Manager's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Expedited Monty Hall 8662 Attachment Code: D541824 Certificate 1D: 20790122 POLICY NUMBER: TB2-641-432888-473 COMMERCIAL GENERAL LIABILITY CG20100413 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) AS REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as B. With respect to the insurance afforded to these an additional insured the person(s) or organization(s) additional insureds, the following additional shown in the Schedule, but only with respect to liability exclusions apply: for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: This insurance does not apply to "bodily injury" or 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 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. 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 property damage occurring after: 1. All work, including materials, parts or equipment fumished 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. 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 1 of 1 Attachment Code: D501824 Certificate ID: 20790122 POLICY NUMBER: TB2-641-432888-473 COMMERCIAL GENERAL. LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 If coverage provided to the additional insured is required by a contract ❑r 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 Iess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 1 of 1 Attachment Code: D470122 Certificate ID: 20790122 POLICY NUMBER: WC2-641-432888-013 DATES: 121112023-121112024 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY 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. Not applicable in Alaska, Kansas, Kentucky, Missouri, New Hampshire, New Jersey. Schedule Where required in contract or written agreement prior to loss and allowed by law. See state specific endorsement for TX & CA. WC. 000313 Ed. 411/1984 UNCOMMONLY INOEPENCERT August 1, 2024 Re: Burns & McDonnell Engineering Company, Inc. To Whom It May Concern: It is our pleasure to provide this reference letter to you on behalf of our client, Burns & McDonnell Engineering Company, Inc., and will confirm their bondabiiity. Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, and Travelers Casualty and Surety Company of America, in a co -surety arrangement, provide bonds for our client. All sureties are rated "A*" or better as rated by the A.M. Best Company and are listed in the Department of the Treasury's Listing of Approved Sureties {Department Circular 570). Burns & McDonnell's cc -sureties are willing to provide bonding support on behalf of Burns & McDonnell for single projects in excess of $500,000,000 with an aggregate program of $1,000,000,000, At the request of our client we would look favorably on supporting performance and payment bonds. Our support is conditioned upon completion of the underwriting process, including satisfactory review of contract documents, confirmation of financing and our ongoing review of the operational and financial capacity of Burns & McDonnell Engineering Company, Inc. This letter is not an assumption of liability and is issued only as a prequafification reference request from our client. It should be understood that any arrangement for bonds is strictly a matter between Burns & McDonnell Engineering Company, Inc. and their sureties. We highly recommend Burns & McDonnell Engineering Company, Inc. to you. Burns & McDonnell Engineering Company is of goad character, they are competent, and they possess the utmost ability and integrity. If you have any questions in regard to this letter, please do not hesitate to contact me. Sincerely, FOUNDERS SERIES OF LOCKTON COMPANIES, LLC Debra J. Scarborough, AFSB Vice President/Senior Surety Specialist Surety Operations LOCKTON COMPANIES 816.9%9000 444 West 47th Street, Suite 900, Kansas City, MO 64112-1906 locktancom 1 g3271-EPAM-Everman Parkway Design Build Contract Final Audit Report 2024-08-02 Created: 2024-08-02 By: Andrea Munoz (Andrea.Munoz@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAACPZP52Ujkc7an9hslaigFplPgpEOnX7S "103271-EPAM-Everman Parkway Design Build Contract" Histor y Document created by Andrea Munoz [Andrea. Munoz@fortworthtexas.gov) 2024-08-02 - 1 25:54 AM GMT- IP address: 204.10.90.100 Document emailed to awreid@burnsmcd.com for filling 2024-08-02 - 1:06:01 PM GMT Document emailed to Jay#yn Harrelson(jaylyn,harrelson@fortworthtexas.gov) for filling 2024-08-02 - 1:06:01 PM GMT Document emaited to Bradley Radovich Bradley.Radovich@fortworthtexas.gov) for signature 2024-08-02 - 1106:01 PM GMT Email viewed by awreid@burnsmcd.com 2024-08-02 - 1706:21 RM GMT- IP address 107,193,106.101 Signer awreid@burnsmcd.com entered name at signing as Andrew W. Reid 2024-08-02 - 1:17:23 PM GMT- IP address: 107.193.106.101 Form filled by Andrew W. Reid (awreid@burnsmcd.com) Form filling Dale: 2024-08-02 - 1 17.25 PM GMT -Time Source. server- IP address: 107.193.106.101 Email viewed by Bradley Radovich (Bradley.Radovich[7a fortworthtexas.gov] 2024-08-02 - 1726:16 PM GMT- IP address: 204.10.90.100 Document e-signed by Bradley Radovich (Bradley.Radovich@fortworthtexas.gov) Signature Date: 2024-08-02 - 1:26A2 PM GMT - Time Source: server- IP address: 204,10,90.100 Email viewed by Jaylyn Harrelson(jayiyn.harrelson@fortworthtexas.gov) 2024-08-02 - 1 58:16 PM GMT- IP address. 204.10.90.100 F[3ii'fWDRTH, PoweredGy Adobe Acrobat Sign Form filled by Jaylyn Harrelson(jaylyn.harrelson@fortworthtexas.gov) Form filling Date: 2024-08-02 - 2:0& 17 PM GMT - Time Source; server- I address: 204. 1 0.90. 100 Agreement completed. 2024-08-02 - 2:08:17 PM GMT FORT Wi1R'I H. I a� d" Adobe b 1 Acrobat Sign FORT WORTH Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Everman Parkway Design Build Contract M&C: 24-0386 CPN: 103271 CSO: NA DOC#: Date: To: Name Department Initials Date Out Andrew Reid Burns & AVI/R 1' {awreid@burnsmcd.com} McDonald Aug 2, 2024 Signature AWR 2. Jaylyn Harrelson TPW -Initial Aug 2, 2024 3. Bradley Radovich CCM Signature Aug 2, 2024 4. Raul Lopez TPW-Initials Appirei ir;a AgiinFt Tn. T-)(4,; 5. Lissette Acevedo TPW Initials " " G. Patricia Wadsack TPW Initial 7. Lauren Prieur TPW-Signature W- Aug 13, 2024 S Doug Slack Legal - Signature D Aug 14, 2024 9. Jesica McEachern CMO-Signature Aug 20, 2024 10 Jannette Goodall CSO Signature 7777— Aug 20, 2024 11 TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents receive! 11,0111 ally and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContractsa..FortWorthTexas.gov at ext. 7233 or 8363, for pick up when completed. Thank you?