HomeMy WebLinkAboutResolution - 2017-R0269 - Lee Lewis Construction - 08/10/2017Resolution No. 2017-RO269
Item No. 6.12
August 10, 2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, Contract No. 13410 for construction manager at risk
services for a consolidated rental car facility at Lubbock Preston Smith International Airport, by
and between the City of Lubbock and Lee Lewis Construction, Inc., of Lubbock, Texas and
related documents. Said Contract is attached hereto and incorporated in this resolution as if fully
set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on August 10, 2017 .
DANIEL M. POPE, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Kel i Leisure, Assistant City Attorney
ccdocs RES.Contract-1341OLee LewisCMAR
07.05.17
Resolution No. 2017-RO269
AGREEMENT FOR CONSTRUCTION MANAGER AT RISK
WHERE THE CONSTRUCTION MANAGER AT RISK IS ALSO THE
CONSTRUCTOR BETWEEN CITY OF LUBBOCK AND LEE LEWIS
CONSTRUCTION, INC.
This Agreement, Contract 13410, made to be effective on the 10`x' day of August, 2017, is
entered into in Lubbock County, Texas by and between LEE LEWIS CONSTRUCTION, INC, a domestic
for profit corporation whose address is 7810 Orlando Avenue, Lubbock, Texas, 79423, as Construction
Manager at Risk hereinafter called "CMAR', and the CITY OF Lubbock, Texas, a Texas home -rule
municipal corporation, whose address is 1625 13" Street, Lubbock, Texas 79457, hereinafter called
"Owner".
WHEREAS, in accordance with law, Owner, has caused Contract Documents to be prepared and a
Request for Proposals to be published, for and in connection with Request for Proposals for Construction
Manager at Risk Services ("RFP No. 17 -13410 -TF"), for a consolidated rental car facility at Lubbock
Preston Smith International Airport (LPSIA), whose address is 5401 North Martin Luther King Boulevard,
Lubbock, Texas 79403; and
WHEREAS, CMAR, in response to the Request for Proposals, has submitted to Owner, in the
manner and at the time specified, a Proposals package in accordance with the "Instruction to Bidders"
contained within the Request for Proposals; and
WHEREAS, The City Council of the City of Lubbock, by Resolution adopted on August 10, 2017,
approved the selection of CMAR and authorized the Mayor to execute a contract, under the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,
Owner and CMAR agree as follows:
ARTICLE 1
GENERAL PROVISIONS
1.0 SCOPE OF WORK
CMAR services for a consolidated rental car facility at (LPSIA) which, in general, includes Scope of Work
as described in RFP No. 17 -13410 -TF, incorporated herein by reference for all purposes (hereinafter the
"Work"). The Work includes Pre -construction and Construction services for the Work. The Work is
located at 5401 North Martin Luther King Boulevard, Lubbock, Texas 79403. The CMAR Services under
the direction of the Owner will provide consultation and construction services during the design and
construction phase of project for a ready/return area, consolidated quick -turnaround area, vehicle staging
and storage areas, airport employee parking, and a rental car area service road.
The Architect is: Demattei Wong Architecture
1701 North Market Street
Dallas, TX 75202
1.1 CONTRACT DOCUMENTS
.,
The Contract Documents consist of this Agreement, Request for Proposals, RFP No. 17 -13410 -TF, Owner's
Construction General Conditions, Attachment 1, CMAR's General Conditions and fees proposed,
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Attachment 2, CMAR's response to Owner's Request for Proposals and all documents, conditions,
Specifications, technical data, Drawings, requirements as of the time this Agreement is entered into by
CMAR and Owner, any written amendments signed by both parties in the future, written and owner -
approved change order requests, and written changes of scope of services approved by the Owner, all of
which form the Agreement and are as fully a part of the Agreement as if attached to this Agreement or
repeated herein.
1.2 GENERAL CONDITIONS
For the Construction Phase, the General Conditions of the Contract shall be the Owner's construction
contract, General Conditions ("Owner's General Conditions"), included with this Agreement as
Attachment 1, and the Proposals package, dated May 15, 2017, and the CMAR's Project General
Conditions Detail, a copy of which is attached as Attachment 2. Both Attachments 1 and 2 are incorporated
herein for all purposes by reference. The term "Contractor" as used in Attachment 1 shall mean the
CMAR.
1.3 CONFLICTS
This Agreement, the Contract Documents, and the documents required to be provided constitute the entire
agreement of the parties hereto and supersede any prior written or oral agreements and understandings
between the parties. If any provision of this Agreement or any provision of the Contract Documents,
conflicts or is inconsistent with any other provision of the Contract Documents, then the conflict or
inconsistency will be resolved first by reference to the terms of this Agreement, then to Owners
Construction General Conditions, Attachment 1, then to CMAR's General Conditions, Attachment 2, and
then to Contract Specifications and Drawings, unless a state or federal law, regulation or restriction would
require otherwise, in which case the applicable state or federal provision would control.
ARTICLE 2
CMAR's RESPONSIBILITIES
2.0 GENERAL PROVISIONS
2.0.1 The CMAR shall perform the services described in this Article. The services to be provided under
Parts 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and CMAR agree in writing,
after consultation with the Architect, the Construction Phase may commence before the Preconstruction
Phase is completed, in which case both phases shall proceed concurrently. The CMAR shall perform the
duties of and shall hold the rights of a CMAR as set forth in Subchapter F of Chapter 2269 of the Texas
Government Code.
2.0.2 The CMAR shall, in collaboration with the Owner, the Owner's legal counsel, and the Architect,
assist with compliance by all parties with Subchapter F, Chapter 2269 of the Texas Government Code and
all other applicable statutory provisions regarding the renovation of the Work.
2.0.3 CMAR covenants that all the Work shall be performed in a good and workmanlike manner and
that all Materials furnished and used in connection therewith shall be new and subject to approval by
Architect, except as otherwise expressly provided for in the Drawings and Specifications. CMAR shall
cause all Materials and other parts of the Work to be readily available as and when required or needed for
or in connection with the construction, furnishing, and equipping of the Work.
2.0.4 CMAR shall provide competent supervision of all phases of the Work and shall cause the Work to
be performed in accordance with the Drawings and Specifications and all things indicated or implied there
from. Prior to commencement of construction, CMAR shall prepare and submit for Owner's written
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approval the Progress Schedules for the Work. These schedules shall indicate the dates for the starting and
completion of the various stages of construction and shall be revised as required by the conditions of the
Work, subject to the Owner's prior written approval.
2.0.5 CMAR shall prepare or cause to be prepared, as part of the Work, all shop drawings and other
submittals not made a part of the Drawings and Specifications which are required. CMAR will also provide
and be responsible for all general conditions of the Work such as hoists, safety equipment, portable toilets,
and other necessary provisions, the cost of rental for which shall be part of construction cost. The CMAR
may delegate safety responsibilities for the Work to subcontractors and trade contractors; however, such
delegation shall not relieve the CMAR of any of its duties or liabilities to the Owner under this Agreement.
Unless expressly provided herein to the contrary, subcontractors, trade creditors, trade contractors, and
suppliers shall not be third party beneficiaries of the rights or benefits of the Owner created in this
Agreement.
2.1 PRECONSTRUCTION PHASE
2.1.1 PRELIMINARY EVALUATION
The CMAR shall provide a preliminary evaluation of the Owner's program and Work budget requirements,
each in terms of the other.
2.1.2 CONSULTATION
CMAR with the Architect shall jointly schedule and attend regular meetings with the Owner and Architect.
The CMAR shall consult with the Owner and Architect regarding site use and improvements, and the
selection of materials, building systems and equipment. The CMAR shall provide recommendations on
construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time
requirements for procurement, installation and construction completion; and, factors related to construction
cost including estimates of alternative designs or materials, preliminary budgets and possible economies.
2.1.3 PRELIMINARY WORK SCHEDULE
When the Work requirements described in Subparagraph 3. 1.1 have been sufficiently identified, the CMAR
shall prepare, and periodically update, a preliminary Work schedule for the Architect's review and the
Owner's written approval. The CMAR shall obtain the Architect's approval of the portion of the
preliminary Work schedule relating to the performance of the Architect's services. The CMAR shall
coordinate and integrate the preliminary Work schedule with the services and activities of the Owner,
Architect, and CMAR. As design proceeds, the preliminary Work schedule shall be updated to indicate
proposed activity sequences and durations, milestone dates for receipt and approval of pertinent
information, submittal of a GMP proposal, preparation and processing of shop drawings and samples,
delivery of materials or equipment requiring long -lead time procurement, Owner's occupancy requirements
showing portions of the Work having occupancy priority, and proposed date of Substantial Completion (as
defined by the American Institute of Architects, here and throughout). If preliminary Work schedule
updates indicate that previously approved schedules may not be met, the CMAR shall make appropriate
recommendations to the Owner and Architect.
2.1.4 PHASED CONSTRUCTION
The CMAR shall make recommendations to the Owner and Architect regarding the phased issuance of
Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is
appropriate for the Work, taking into consideration such factors as economies, time of performance,
availability of labor and materials, and provisions for temporary facilities.
2.1.5 PRELIMINARY COST ESTIMATES
2.1.5.1 When the Owner has sufficiently identified the Work requirements and the Architect has
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prepared other basic design criteria, the CMAR shall prepare, for the review of the
Architect and written approval of the Owner, a preliminary cost estimate utilizing area,
volume, or similar conceptual estimating techniques.
2.1.5.2 When Schematic Design Documents have been prepared by the Architect and approved by
the Owner, the CMAR shall prepare for the review of the Architect and written approval
of the Owner, a more detailed cost estimate with supporting data. During the preparation
of the Design Development Documents, the CMAR shall update and refine this cost
estimate at appropriate intervals agreed to by the Owner, Architect and CMAR.
2.1.5.3 When Design Development Documents have been prepared by the Architect and approved
by the Owner, the CMAR shall prepare a detailed cost estimate with supporting data for
review by the Architect and written approval by the Owner. During the preparation of the
Construction Documents, the CMAR shall update and refine this cost estimate at
appropriate intervals agreed to by the Owner, Architect and CMAR.
2.1.5.4 If any cost estimate submitted to the Owner exceeds previously approved cost estimates or
the Owner's budget, the CMAR shall make appropriate recommendations to the Owner
and Architect.
2.1.6 SUBCONTRACTORS, TRADE CONTRACTORS AND SUPPLIERS
The CMAR shall seek to develop subcontractor interest in the Work, subcontractors trade contractors and
suppliers shall be selected in the manner provided in Subchapter F of Chapter 2269, of the Texas
Government Code. The CMAR shall furnish to the Owner and Architect for their information a list of
possible subcontractors and trade contractors, including suppliers who are to furnish materials or equipment
fabricated to a special design, from which proposals will be requested for each principal portion of the
Work. The Architect will promptly reply in writing to the CMAR if the Architect or Owner knows of any
objection to such subcontractor, trade contractor or supplier. The receipt of such list shall not require the
Owner or Architect to investigate the qualifications of proposed subcontractors, trade contractors or
suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed
subcontractor, trade contractor or supplier.
2.1.7 LONG -LEAD TIME ITEMS
The CMAR shall recommend to the Owner and Architect a schedule for procurement of long -lead time
items which will constitute part of the Work as required that meets the Work schedule. If such long -lead
time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the
CMAR. Upon the Owner's acceptance of the CMAR's Guaranteed Maximum Price (GMP) proposal, all
contracts for such items shall be assigned by the Owner to the CMAR, who shall accept responsibility for
such items as if procured by the CMAR. The CMAR shall expedite the delivery of long -lead time items.
2.1.8 EXTENT OF RESPONSIBILITY
The CMAR does not warrant or guarantee cost estimates and schedules except as may be included as part
of the GMP. The recommendations and advice of the CMAR concerning design alternatives shall be subject
to the review and approval of the Owner and the Owner's professional consultants. It is not the CMAR's
responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws,
statutes, ordinances, building codes, rules and regulations. However, if the CMAR recognizes that portions
of the Drawings and Specifications are at variance therewith, the CMAR shall promptly notify the Architect
and Owner in writing.
2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
The CMAR shall comply with applicable laws, regulations, and special requirements of the Contract
Documents regarding equal employment opportunity and affirmative action programs.
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2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME
2.2.1 When the Drawings and Specifications are sufficiently complete, and after the bids and responses
of the subcontractors and trade contractors have been reviewed and evaluated by the CMAR and the CMAR
has made its recommendations to the Owner of the bids and responses to be accepted, the CMAR shall
propose a GMP, which shall be the sum of the estimated Cost of the Work and the CMAR's Fee.
2.2.2 As the Drawings and Specifications may not be finished at the time the GMP proposal is prepared,
the CMAR shall provide in the GMP for further development of the Drawings and Specifications by the
Architect that is consistent with the Contract Documents and reasonably inferable there from. Such further
development does not include such things as changes in scope, systems, kinds and quality of materials,
finishes or equipment, all of which, if required, shall be incorporated by Change Order.
2.2.3 The estimated Cost of the Work shall include the CMAR's contingency, a sum established by the
CMAR for the CMAR's exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs
which are properly reimbursable as Cost of the Work but not the basis for a Change Order. The contingency
shall be included in the GMP. Any unused portion of the contingency shall be retained by the Owner.
2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE
The CMAR shall include with the GMP proposal a written statement of its basis, which shall include:
2.2.4.1 A list of the Drawings and Specifications, including all addenda thereto and the
Conditions of the Contract, which were used in preparation of the GMP proposal.
2.2.4.2 A list of allowances and a statement of their basis.
2.2.4.3 A list of the clarifications and assumptions made by the CMAR in the preparation of the
GMP proposal to supplement the information contained in the Drawings and Specifications.
2.2.4.4 The proposed GMP, including a statement of the estimated cost organized by trade
categories, allowances, contingency, and other items and the fee that comprise the GMP.
2.2.4.5 Number of days required for substantial completion including construction schedule from
and after issuance of a notice to proceed to actual date of substantial completion.
2.2.5 The CMAR shall meet with the Owner and Architect to review the GMP proposal and the written
statement of its basis. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies
in the information presented, they shall promptly notify the CMAR, who shall make appropriate
adjustments to the GMP proposal, its basis or both.
2.2.6 Unless the Owner accepts the GMP proposal in writing on or before the date specified in the
proposal for such acceptance and so notifies the CMAR, the GMP proposal shall not be effective. CMAR
will then have 21 days to re -submit the GMP for Owner's review for acceptance.
2.2.7 Prior to the Owner's acceptance of the CMAR's GMP proposal and issuance of a Notice to Proceed,
the CMAR shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner
may specifically authorize in writing.
2.2.8 Upon acceptance by the Owner of the GMP proposal which will require the approval of the Owner's
governing body, the GMP and its basis shall be set forth in Amendment No. 1. The GMP shall be subject
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to additions and deductions by a change in the Work as provided in the Contract Documents and the date
of Substantial Completion shall be subject to adjustment as provided in the Contract Documents.
2.2.9 The Owner shall authorize and cause the Architect to revise the Drawings and Specifications to the
extent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No.
1. Such revised Drawings and Specifications shall be furnished to the CMAR in accordance with schedules
agreed to by the Owner, Architect and CMAR. The CMAR shall promptly notify the Architect and Owner
if such revised Drawings and Specifications are inconsistent with the agreed-upon assumptions and
clarifications.
2.2.10 The GMP shall include in the Cost of the Work only those taxes which are enacted at the time the
GMP is established. The Work is exempt from state sales taxes on material incorporated in the Work.
CMAR will accept exemption certificates from the Owner and, where required, will require trade
contractors and subcontractors to segregate materials and labor costs.
2.3 CONSTRUCTION PHASE
2.3.1 GENERAL
2.3.1.1 The Construction Phase shall commence on the earlier of:
(1) The Owner's acceptance of the CMAR's GMP proposal and issuance of a Notice
to Proceed, or
(2) The Owner's first authorization to the CMAR to:
(a) Award a subcontract, or
(b) Undertake construction Work with the CMAR's own forces, or
(c) Issue a purchase order for materials or equipment required for the Work.
2.3.2 BIDDING AND ADMINISTRATION
2.3.2.1 The CMAR shall publicly advertise, as prescribed for a governmental entity under
Subchapter F, Chapter 2269 of the Texas Government Code and in the manner prescribed
under Section 271.025 of the Texas Local Government Code, and receive bids or proposals
from trade contractors, subcontractors or suppliers for the performance of all major
elements of the Work other than the minor work that may be included in the general
conditions. The CMAR may seek to perform portions of the work itself if the CMAR
submits its bid or proposal for those portions of the work in the same manner as all other
trade contractors, subcontractors, or suppliers and if the Owner determines that the
CMAR's bid or proposal provides the "best value", as that term is used in Subchapter F,
Chapter 2269 of the Texas Government Code, for the Owner.
2.3.2.2 The CMAR shall open bids as required by law in the presence of the Owner's
representatives or Architect, who shall review all trade contractor, subcontractor, or
supplier bids or proposals in a manner that does not disclose the contents of the bid or
proposal during the selection process to a person not employed by the CMAR, Architect,
Engineer, if applicable, or Owner. All bids or proposals shall be made public after the
award of the contract or not later than the seventh day after the date of final selection of
bids or proposals, whichever is later.
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2.3.2.3 If the CMAR reviews, evaluates, and recommends to the Owner a bid or proposal from a
trade contractor, subcontractor, or supplier, but the Owner requires another bid or proposal
to be accepted, the Owner shall compensate the CMAR by a change in compensation, time
and/or GMP for any additional cost and risk that the CMAR may incur because of the
Owner's requirement that another bid or proposal be accepted.
2.3.2.4 If a selected trade contractor, subcontractor, or supplier defaults in the performance of its
work or fails to execute a subcontract after being selected in accordance with
subparagraphs 2.3.2.1 through 2.3.2.3 above, the CMAR, may, without advertising, fulfill
the contract requirements itself or select a replacement trade contractor, subcontractor, or
supplier to fulfill the contract requirements.
2.3.2.5 The CMAR shall enter into contracts with subcontractors, materials suppliers and trade
contractors which are selected on the basis of best value to the Owner. The CMAR shall
enter into a separate contract or an amendment to this contract with respect to any portions
of the Work which the CMAR was awarded and which will be performed by the CMAR's
staff or employees. The CMAR may perform all minor work that may be included in the
general conditions; and, may seek to perform portions of the major elements of the Work
if the CMAR submits its bid or proposal for those portions of the work, one day prior to
the bid due date, in the same manner as all other trade contractors or subcontractors; and,
the Owner determines that the CMAR's bid or proposal provides the best value for the
Owner.
2.3.2.6 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated
to a special design shall conform to the payment provisions of Subparagraphs 7.1.8 and
7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of
the Owner.
2.3.2.7 The CMAR shall schedule and conduct meetings at which the Owner, Architect, CMAR
and appropriate subcontractors can discuss the status of the Work. The CMAR shall
prepare and promptly distribute meeting minutes.
2.3.2.8 Promptly after the Owner's acceptance of the GMP proposal, the CMAR shall prepare a
schedule in accordance with Attachment 1, including the Owner's occupancy
requirements.
2.3.2.9 The CMAR shall provide at least monthly written reports to the Owner and Architect on
the progress of the entire Work. The CMAR shall maintain a daily log containing a record
of relevant weather conditions at the Work site, subcontractors working on the Work site,
number of workers on the Work site, Work accomplished, problems encountered and other
similar relevant data as the Owner may reasonably require. The log shall be continuously
available to the Owner and Architect.
2.3.2.10 The CMAR shall develop a system of cost control for the Work, including regular
monitoring of actual costs for activities in progress and estimates for uncompleted tasks
and proposed changes. The CMAR shall identify variances between actual and estimated
costs and report the variances to the Owner and Architect at regular intervals.
2.4 PROFESSIONAL SERVICES
The CMAR shall not be required to provide professional services which constitute the practice of
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Architecture or Engineering, unless such services are specifically required by the Contract Documents for
a portion of the Work or unless the CMAR has specifically agreed in writing to provide such services. In
such event, the CMAR shall cause such services to be performed by appropriately licensed professionals.
2.5 UNSAFE MATERIALS
If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
resulting from a material or substance encountered but not created on the site by the CMAR, the CMAR
shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition
to the Owner and Architect in writing. The Owner shall be responsible for obtaining the services of a
licensed laboratory to verify the presence or absence of the material or substance reported by the CMAR
and, in the event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the
CMAR and Architect the names and qualifications of persons or entities who are to perform tests verifying
the presence or absence of such material or substance or who are to perform the task of removal or safe
containment of such material or substance. The CMAR and Architect will promptly reply to the Owner in
writing stating whether or not either has reasonable objection to the persons or entities proposed by the
Owner. If either the CMAR or Architect has an objection to a person or entity proposed by the Owner, the
Owner shall propose another to whom the CMAR and Architect have no reasonable objection.
2.6 INDEMNIFICATION
2.6.1 GENERAL INDEMNIFICATION. CMAR AGREES TO INDEMNIFY, DEFEND, AND
HOLD OWNER, ITS COUNCIL MEMBERS, BOARD AND COMMISSION MEMBERS,
OFFICIALS, AGENTS, GUESTS, INVITEES, CONSULTANTS AND EMPLOYEES FREE AND
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS,
SUITS, JUDGMENTS, COSTS, PENALTIES, FINES, DAMAGES, LOSSES, ATTORNEYS' FEES
AND EXPENSES ASSERTED BY ANY PERSON OR PERSONS, INCLUDING AGENTS OR
EMPLOYEES OF CONSTRUCTION MANAGER OR OWNER, BY REASON OF DEATH OR
INJURY TO PERSONS, OR LOSS OR DAMAGE TO PROPERTY, RESULTING FROM OR
ARISING OUT OF, THE VIOLATION OF ANY LAW OR REGULATION OR IN ANY MANNER
ATTRIBUTABLE TO ANY ACT OF COMMISSION, OMISSION, NEGLIGENCE OR FAULT OF
CONSTRUCTION MANAGER, ITS AGENTS OR EMPLOYEES, OR THE JOINT
NEGLIGENCE OF CMAR AND ANY PARTY INDEMNIFIED HEREUNDER, AS A
CONSEQUENCE OF ITS EXECUTION OR PERFORMANCE OF THIS CONTRACT OR
SUSTAINED IN OR UPON THE WORK PREMISES, OR AS A RESULT OF ANYTHING
CLAIMED TO BE DONE OR ADMITTED TO BE DONE BY CONSTRUCTION MANAGER
HEREUNDER. THIS INDEMNIFICATION SHALL SURVIVE THE TERM OF THIS
CONTRACT AS LONG AS ANY LIABILITY COULD BE ASSERTED. NOTHING HEREIN
SHALL REQUIRE CONSTRUCTION MANAGER TO INDEMNIFY, DEFEND, OR HOLD
HARMLESS ANY INDEMNIFIED PARTY FOR THE INDEMNIFIED PARTY'S OWN GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT.
2.6.2 PROSPECTIVE APPLICATION. ANY AND ALL INDEMNITY PROVIDED FOR IN
THIS CONTRACT SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
CONTRACT AND THE DISCHARGE OF ALL OTHER OBLIGATIONS OWED BY THE
PARTIES TO EACH OTHER HEREUNDER AND SHALL APPLY PROSPECTIVELY NOT
ONLY DURING THE TERM OF THIS CONTRACT BUT THEREAFTER SO LONG AS ANY
LIABILITY (INCLUDING BUT NOT LIMITED TO LIABILITY FOR CLOSURE AND POST
CLOSURE COSTS) COULD BE ASSERTED IN REGARD TO ANY ACTS OR OMISSIONS OF
CONSTRUCTION MANAGER IN PERFORMING UNDER THIS CONTRACT.
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2.7 WAGE REQUIREMENTS
2.7.1 Pursuant to Chapter 2258, Texas Government Code, all contractors and any subcontractor involved
in the construction of a public work shall pay not less than the prevailing rates as per diem wages in the
locality at the time of construction to all laborers, workmen and mechanics employed by them in the
execution of this contract. CMAR shall assure that these requirements are met for the Work and shall insure
that every contract or subcontract relating to the Work requires, on behalf of Owner, that the prevailing
wage rates be paid. The State of Texas has adopted the Federal Davis -Bacon wage rates for use in
Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. CMAR
and any contractor or subcontractor hired in relation to the Work may access the U. S. Department
of Labor web site at the following web address to obtain the rates to be used in Lubbock County
and in relation to the Work:
http://www.wdol..t ov/dba.aspx
2.7.2 Any contractor or subcontractor who violates these provisions shall pay to the Owner the sum due
in accordance with Texas Government Code Section 2258.023 for each worker employed for each calendar
day or part of the day that the worker is paid less than the wage rate stipulated in the scale of prevailing
wages applicable to this Work.
ARTICLE 3
OWNER'S RESPONSIBILITIES
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3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the
Work, together with a program which sets forth the Owner's objectives, constraints and criteria, including
space requirements and relationships, flexibility and expandability requirements, special equipment and
systems, and site requirements.
3.1.2 The Owner, upon written request from the CMAR, shall furnish evidence of Work financing prior
to the start of the Construction Phase and from time to time thereafter as the CMAR may request.
Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work.
3.1.3 The Owner shall establish and update an overall budget for the Work, based on consultation with
the CMAR and Architect, which shall include contingencies for changes in the Work and other costs which
are the responsibility of the Owner.
3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS
3.1.4.1 Throughout the entire Work, Owner shall provide or contract for, independently of the
CMAR, the testing of construction materials engineering, and the verification of testing
services necessary for the acceptance of the Work by the Owner. The Owner shall select
these services in accordance with Section 2254.004 of the Texas Government Code. To
the greatest extent allowed by applicable law, (a) the CMAR shall participate with the
Owner in the selection of persons who will provide such testing and verification services,
and (b) the Owner will not retain or use the services of any such persons if the CMAR
presents reasonable objections to such retention or use. In the event that (a) CMAR
reasonably and in good faith relies upon "testing of construction materials engineering",
"verification of testing services necessary for the acceptance of the Work by the Owner",
or any other testing or inspection provided by the Owner under this Clause 3.1.4.1
(hereinafter collectively "Owner Provided Testing and Inspection"), (b) any Owner
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Provided Testing and Inspection is faulty or erroneous and CMAR does not know of and
should not reasonably have known of such fault or error, and (c) the CMAR is required to
perform additional Work as the results of its reliance upon such erroneous or faulty Owner
Provided Testing and Inspection, then a Change Order shall be prepared and signed in
accordance with the terms of Attachment 1.
3.1.4.2 In the Preconstruction Phase, the Owner shall furnish the following with reasonable
promptness and at the Owner's expense, and the CMAR shall be entitled to rely upon the
accuracy of any such information, reports, surveys, drawings and tests in possession of or
prepared at direction of the Owner in Owner's discretion and described in Clauses 3.1.4.1
through 3.1.4.4, except to the extent that the CMAR knows or reasonably should know of
any inaccuracy.
3.1.4.2.1 Reports, surveys, drawings, and tests concerning the conditions of the site which
are required by law.
3.1.4.2.2 Surveys describing physical characteristics, legal limitations, and utility locations
for the site of the Work, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets,
alleys, pavements and adjoining property and structures; adjacent drainage; rights-
of-way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations, dimensions, and necessary data
pertaining to existing buildings, other improvements and trees; and information
concerning available utility services and lines, both public and private, above and
below grade, including inverts and depths. All information on the surveys shall be
referenced to a Work benchmark.
3.1.4.2.3 The services of geotechnical engineers when such services are demonstrated to
be reasonably required by the CMAR. Such services may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation
tests, evaluations of hazardous materials, ground corrosion and resistivity tests,
including necessary operations for anticipating subsoil conditions, with reports and
appropriate professional recommendations.
3.1.4.2.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous
materials, and other laboratory and environmental tests, inspections and reports
which are required by law.
3.1.4.2.5 The services of other consultants when such services are reasonably required by
the scope of the Work and are requested by the CMAR.
3.2 OWNER'S DESIGNATED REPRESENTATIVE
3.2.1 The Owner shall designate a representative who shall have express authority to the extent permitted
by law or City Charter, and as authorized by City Council, to bind the Owner with respect to all matters
requiring the Owner's approval or authorization. This representative shall have the authority to make
decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes
in the Work, and shall render such decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or Work of the CMAR.
3.2.2 The Owner designates the following officers as representatives who shall be fully acquainted with
the Work and have the stated authority:
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(1) The City Manager to approve changes in the Work not to exceed $25,000 per change order
and only if the change order does not extend the date of substantial completion of any
contract by more than ten (10) days;
(2) The Work Manager shall render decisions, promptly, consistent with the Work schedule;
(3) The City Manager or his Designee to furnish information expeditiously as requested by
the CMAR.
3.3 ARCHITECT
The Owner has designated the aforenamed Architect to provide the Basic Services, including normal
structural, mechanical, and electrical engineering services, other than cost estimating services, described in
the current Architectural Services Agreement, entered into on June 22, 2015 and as amended April 27,
2017, for the Work. The Owner shall authorize and cause the Architect to provide those Additional Services
as described in the Architectural Services Agreement as requested by the CMAR which must necessarily
be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such services
shall be provided in accordance with time schedules agreed to by the Owner, Architect, and CMAR. Upon
request of the CMAR, the Owner shall furnish to the CMAR a copy of the Architectural Services Agreement
with the Architect, from which compensation provisions may be deleted.
3.4 LEGAL REOUIREMENTS
The Owner shall advise the Architect and CMAR of any special legal requirements of which the Owner is
aware relating specifically to the Work which differ from those generally applicable to construction in the
jurisdiction of the Work. The Owner shall furnish such legal services as are necessary to provide the
information and services required under part 3.1.
ARTICLE 4
COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
The Owner shall compensate and make payments to the CMAR for Preconstruction Phase services as
follows:
4.1 COMPENSATION
4.1.1 For the services described in parts 2.1 and 2.2 the CMAR's compensation shall be based on the
fees proposed in the CMAR response to RFP No. 17 -13410 -TF dated June 13, 2017 copy of which is
attached hereto, identified as Attachment 2.
4.1.2 Compensation for Preconstruction Phase services may be equitably adjusted by written agreement
of the parties if CMAR services extend beyond that originally contemplated under this Agreement, or the
scope of services is significantly modified.
4.2 PAYMENTS
4.2.1 Payments are due and payable thirty (30) days from the date (a) the CMAR's invoice and any
required supporting documentation is presented to the Owner or the Architect, and the Architect issues a
Certificate for Payment; or (b) the date the performance of the services under this Agreement are
substantially performed in accordance with the terms of this Agreement, whichever occurs later.
ARTICLE 5
COMPENSATION FOR CONSTRUCTION PHASE SERVICES
The Owner shall compensate the CMAR for the Construction Phase services pursuant to provisions of the
Owner's Construction General Conditions and the following: Contractor's General Conditions and fees
proposed, Attachment 2.
5.1 COMPENSATION
5.1.1 For the CMAR's performance of the Work as described in Part 2.3, the Owner shall pay the CMAR
the Contract Sum consisting of the Cost of the Work For Construction Phase as defined in Article 6, plus
the CMAR's Fee determined to be Four and Ninety -Five Hundredths Percent (4.95%) of the actual allowed
Cost of Work For Construction Phase, Part 2.3, incurred by the CMAR, not to exceed the GMP. Contractor
shall provide a schedule of values for their general conditions fee, breaking out start-up costs as well a
monthly operational cost. Contractor shall be compensated based on the status of the Work in the
construction timeline.
5.2 GUARANTEED MAXIMUM PRICE
5.2.1 The sum of the Cost of the Work and the CMAR's Fee are guaranteed by the CMAR not to exceed
the amount to be provided in Amendment No. 1, as per Part 2.2, subject to additions and deductions by
changes in the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved
changes in the Work (Change Orders) is referred to in the Contract Documents as the Guaranteed Maximum
Price (GMP). Costs which would cause the GMP to be exceeded shall be paid by the CMAR without
reimbursement by the Owner.
5.3 CHANGES IN THE WORK
5.3.1 Adjustments to the GMP on account of changes in the Scope of Work subsequent to the execution
of Amendment No. 1 may be determined by any of the methods listed in Attachment 1.
5.3.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent
on the basis of cost plus a fee), the terms "cost" and "fee" as used in Attachment 1 and the terms "costs"
and "a reasonable allowance for overhead and profit" as used in Attachment 1 shall have the meanings
assigned to them in that document and shall not be modified by this Article 5. Adjustments to subcontracts
or contracts with trade contractors awarded with the Owner's prior consent on the basis of cost plus a fee
shall be calculated in accordance with the terms of those subcontracts.
5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above -
referenced provisions of Attachment 1 shall mean the Cost of the Work actually incurred by the CMAR
as defined in Article 6 of this Agreement and the term "and a reasonable allowance for overhead and profit"
shall mean the CMAR's Fee as defined in Subparagraph 5. 1.1 of this Agreement.
ARTICLE 6
COST OF THE WORK FOR CONSTRUCTION PHASE
6.1 COSTS TO BE REIMBURSED
6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the CMAR in the proper
performance of the Work in substantial compliance with this Agreement and the Contract Documents. Such
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costs shall be at rates not higher than those customarily paid at the place of the Work except with prior
written consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 6
("Cost of the Work"). Costs to be reimbursed shall include:
6.1.2 LABOR COSTS
Labor Costs shall include:
6.1.2.1 That portion of wages of construction workers employed by the CMAR in the proper, direct
performance of the Work at the Work site.
6.1.2.2 The portion of wages or salaries of the CMAR's supervisory and administrative personnel
when stationed at the Work site with the Owner's agreement. The portion of wages and
salaries of the CMAR's Work Manager directly attributable to the Work shall be included
in the Cost of the Work.
6.1.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel
engaged, at factories, workshops, or on the road, in expediting the production or
transportation of materials or equipment required for the Work, but only for that portion of
their time required for the Work.
6.1.2.4 Costs paid or incurred by the CMAR for employee related taxes, insurance, contributions,
assessment, and benefits required by law or collective bargaining agreements, provided
that such costs are based on wages and salaries included in the Cost of the Work under
Clauses 6.1.2.1 through 6.1.2.3.
6.1.3 SUBCONTRACT AND TRADE CONTRACTOR COSTS
Payments made by the CMAR to Subcontractors and Trade Contractors in accordance with the
requirements of the subcontracts and trade contractor contracts for work performed in substantial
compliance with this Agreement and the Contract Documents.
6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED
CONSTRUCTION
Costs incurred by the CMAR for materials and equipment actually incorporated into the completed
construction of the Work.
6.1.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to
be incorporated in the completed construction.
6.1.4.2 Costs of materials described in the preceding Clause 6.1.4.1 in excess of those actually
installed but required to provide reasonable allowance for waste and for spoilage. Unused
excess materials, if any, shall be handed over to the Owner at the completion of the Work
or, at the Owner's option, shall be sold by the CMAR; and amounts realized from such
sales shall be credited to the Owner as a deduction from the Cost of the Work.
IF&=X-11.11 y
6.1.5.1 Costs incurred relating to transportation, installation, maintenance, dismantling and
removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools
(collectively "supplies and equipment") not customarily owned by the construction
workers, which are provided by the CMAR at the site and fully consumed in the
performance of the Work; and cost of supplies and equipment newly acquired by the
CMAR for the Work, less a salvage value on such items if not fully consumed, as agreed
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to by the Owner and CMAR, whether sold to others or retained by the CMAR. Cost for
items previously used by the CMAR shall mean fair market value in used condition.
6.1.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not
customarily owned by the construction workers, which are provided by the CMAR at the
site, whether rented from the CMAR or others, and costs of transportation, installation,
minor repairs and replacements, dismantling, and removal thereof. Rates and quantities of
equipment rented shall be subject to the Owner's prior written approval.
6.1.5.3 Costs of removal of debris from the site.
6.1.5.4 Reproduction costs, costs of facsimile transmissions and long-distance telephone calls,
postage and express delivery charges, telephone service at the site excluding cell phone
costs, and reasonable receipted petty cash expenses of the site office.
6.1.5.5 That portion of the reasonable travel and subsistence expenses of the CMAR's personnel
incurred while traveling in discharge of duties connected with the Work.
6.1.6 MISCELLANEOUS COSTS
6.1.6.1 Sales, use, or similar taxes imposed by a governmental authority which are related to the
Work and for which the CMAR is liable.
6.1.6.2 Fees and assessments for the building permit and for other permits, licenses, and
inspections for which the CMAR is required by the Contract Documents to pay.
6.1.6.3 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 Clause
6.1.8.2.
6.1.6.4 Startup services as per 6.1 General Conditions.
6.1.6.5 Costs of professional engineers and/or other costs permitted under the General Conditions
in Attachment 1.
6.1.7 OTHER COSTS
Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by
the Owner.
6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED WORK
The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the
CMAR:
6.1.8.1 In taking action to prevent threatened damage, injury, or loss in case of an emergency
affecting the safety of persons and property, as provided in Attachment 1.
6.1.8.2 In repairing or correcting damaged Work executed by the CMAR or the CMAR's
Subcontractors or suppliers, provided that such damaged Work was not caused by the
negligence or failure to fulfill a specific responsibility to the Owner of the CMAR or the
CMAR's foremen, engineers, or superintendents, or other supervisory, administrative, or
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managerial personnel of the CMAR, set forth in this Agreement, or the failure of the
CMAR's personnel to supervise adequately the Work of the Subcontractors or suppliers,
and only to the extent that the cost of repair or correction is not recoverable by the CMAR
from insurance, subcontractors, or suppliers.
6.1.9 The costs described in Subparagraphs 6. 1.1 through 6.1.8 shall be included in the Cost of the Work
notwithstanding any provision of Attachment 1, Owners Construction General Conditions, or other
Conditions of the Contract which may require the CMAR to pay such costs, unless such costs are excluded
by the provisions of Paragraph 6.2.
6.1.10 In the event of conflict and or inconsistency between this document and the Attachment 1,
Owner's General Construction Conditions, the provisions in this document shall control.
6.2 COSTS NOT TO BE REIMBURSED
Costs not to be reimbursed by Owner include:
6.2.1 The Cost of the Work shall not include:
6.2.1.1 Salaries and other compensation of the CMAR's personnel stationed at the CMAR's
principal office or offices other than the Work site office, except as specifically provided
in Clauses 6.1.2.2 and 6.1.2.3.
6.2.1.2 Expenses of the CMAR's principal office and offices other than the Work site office except
as specifically provided in Part 6.1.
6.2.1.3 Overhead and general expenses, except as may be expressly included in Part 6.1.
6.2.1.4 The CMAR's capital expenses, including interest on the CMAR's capital employed for the
Work.
6.2.1.5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph
6.1.5.2.
6.2.1.6 Costs due to the negligence of the CMAR or to the failure of the CMAR to fulfill a specific
responsibility to the Owner set forth in this Agreement.
6.2.1.7 Costs incurred in the performance of Preconstruction Phase Services.
6.2.1.8 Except as provided in Clause 6.1.7, any cost not specifically and expressly described in
part 6.1.
6.2.1.9 Any cost which would cause the GMP to be exceeded.
6.3 DISCOUNTS, REBATES AND REFUNDS
6.3.1 All refunds, discounts, rebates premiums, or other credits received by the CMAR, and amounts
received from sales of surplus materials and equipment shall accrue to the benefit of the Owner.
6.3.2 Amounts which accrue to the Owner in accordance with the provisions of this Subparagraph shall
be credited to the Owner as a deduction from the Cost of the Work.
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6.4 ACCOUNTING RECORDS
6.4.1 The CMAR shall keep full and detailed accounts and exercise such controls as may be necessary
for proper financial management under this Contract; the accounting and control systems employed shall
comply with minimum requirements satisfactory to the Owner. The Owner and the Owner's accountants
shall be afforded access to the CMAR's records, books, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda, and other data relating to this Work, and the CMAR
shall preserve these for a period of three years after final payment, or for such longer period as may be
required by law.
ARTICLE 7
CONSTRUCTION PHASE
7.1 PROGRESS PAYMENTS
7.1.1 Based upon Applications for Payment submitted to the Architect by the CMAR and Certificates
for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract
Price to the CMAR as provided below and elsewhere in the Contract Documents.
7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the
last day of the month, or as follows:
7.1.3 Applications for Payment accompanied with required supporting documentation shall be payable
as provided at Section 4.2.1 "Payments" herein above.
7.1.4 With each Application for Payment, the CMAR shall make available upon request by the Owner
or Architect payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and
any other evidence required by the Owner or Architect to demonstrate that cash disbursements already
made by the CMAR on account of the Cost of the Work equal or exceed (1) progress payments already
received by the CMAR; less (2) that portion of those payments attributable to the CMAR's Fee; plus (3)
payrolls for the period covered by the present Application for Payment.
7.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by
the CMAR in accordance with the Contract Documents. The schedule of values shall allocate the entire
GMP among the various portions of the Work, except that the CMAR's Fee shall be shown as a single
separate item. The schedule of values shall be prepared in such form and supported by such data to
substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect,
shall be used as a basis for reviewing the CMAR's Applications for Payment.
7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of
the end of the period covered by the Application for Payment. The "percentage completion" shall be the
lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the
percentage obtained by dividing (a) the expense which has actually been incurred by the CMAR on account
of that portion of the Work for which the CMAR has made or intends to make actual payment prior to the
next Application for Payment by (b) the share of the GMP allocated to that portion of the Work in the
schedule of values. In no event shall the payment obligation of the Owner for cost of the Work on the
Construction Stage exceed the percentage of completion times the GMP.
7.1.7 Subject to the other provisions of the Contract Documents, and at a total value not to exceed the
GMP, the amount of each progress payment shall be computed as follows:
7.1.7.1 Take that portion of the GMP properly allocable to completed Work as determined by
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multiplying the percentage completion of each portion of the Work by the share of the
GMP allocated to that portion of the Work in the schedule of values. Pending final
determination of cost to the Owner of changes in the Work, amounts not in dispute may be
included as provided in Attachment 1, even though the GMP has not yet been adjusted by
Change Order.
7.1.7.2 Add that portion of the GMP properly allocable to materials and equipment delivered and
suitably stored at the site for subsequent incorporation in the Work or, if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing.
7.1.7.3 Add the CMAR's fee, less retainage of five percent (5%). The CMAR's Fee shall be
computed upon the Cost of the Work described in the two preceding Clauses at the rate
stated in Subparagraph 5.1.1 or, if the CMAR's Fee is stated as a fixed sum in that
Subparagraph, shall be an amount which bears the same ratio to that fixed -sum Fee as the
Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the
probable Cost of the Work upon its completion.
7.1.7.4 Subtract the aggregate of previous payments made by the Owner.
7.1.7.5 Subtract the shortfall, if any, indicated by the CMAR in the documentation required by
Subparagraph 7.1.4 to substantiate prior Applications for Payment, or resulting from errors
subsequently discovered by the Owner's accountants in such documentation.
7.1.7.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for
Payment as provided in Attachment 1.
7.1.8 Except with the Owner's prior written approval, payments to Subcontractors shall be subject to
retention of not less than Five Percent (5%). The Owner and the CMAR shall agree upon a mutually
acceptable procedure for review and approval of payments and retention for subcontractors.
7.1.9 Except with the Owner's prior written approval, the CMAR shall not make advance payments to
suppliers for materials or equipment which have not been delivered at the site.
7.1.10 In taking action on the CMAR's Applications for Payment, the Architect shall be entitled to rely on
the accuracy and completeness of the information furnished by the CMAR and shall not be deemed to
represent that the Architect has made a detailed examination, audit or arithmetic verification of the
documentation submitted in accordance with Subparagraph 7.1.4 or other supporting data; that the Architect
has made exhaustive or continuous on-site inspections or that the Architect has made examinations to
ascertain how or for what purposes the CMAR has used amounts previously paid on account of the Contract.
Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's
accountants acting in the sole interest of the Owner.
7. 1.11 In each Application for Payment, CMAR shall certify that such Application for Payment represents
a fair estimate of cost reimbursable to CMAR under the terms of Article 5 or Article 6, supported by the
documentation submitted in accordance with Subparagraph 7.1.4, or other supporting data.
7.1.12 The CMAR warrants that title to all Work covered by an Application for Payment will pass to the
Owner no later than the time of payment. The CMAR further warrants that upon submittal of an Application
for Payment, all Work for which payments have been received from the Owner shall be free and clear of
liens, claims, security interest, or other encumbrances in favor of the CMAR or any other person or entity
whatsoever.
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7.1.13 The CMAR shall within fourteen (14) days following receipt of payment from the Owner pay all
obligations for labor and materials performed and furnished by others in connection with the construction,
furnishing and equipping of the improvements and the performance of the Work, and shall, if requested,
provide the Owner with evidence of such payment. CMAR's failure to make payments within such time
shall constitute a material breach of this contract. CMAR shall include a provision in each of its
subcontracts imposing the same payment obligations on its subcontractors and trade contractors as are
applicable to the CMAR hereunder, and if the Owner so requests, shall provide copies of such subcontractor
or trade contractor payments to the Owner. If the CMAR has failed to make payments promptly to the
CMAR's subcontractors or for material or labor used in the Work for which the Owner has made payment
to the CMAR, the Owner shall be entitled to withhold payment to the CMAR in part or in whole to the
extent necessary to protect the Owner as determined in the sole discretion of Owner.
7.1.14 If the Architect disapproves an Application for Payment (in whole or in part) the specific reasons
therefore (see 4.5 of the Attachment 1) shall be communicated in writing to CMAR within 20 days after
submission of said application and the amount of money reasonably withheld for each such reason shall be
stated. The balance, if any, of any such Payment application shall be paid in a timely manner.
7.2 FINAL PAYMENT
7.2.1 Final payment shall be made by the Owner to the CMAR when (1) the Contract has been fully
performed by the CMAR except for the CMAR's responsibility to correct nonconforming work, as provided
in Attachment 1, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a
final Application for Payment and a final accounting for the Cost of the Work shall be submitted by the
CMAR to the Architect; and (3) a final Certificate for Payment shall then been issued by the Architect in
accordance with, and subject to, this Article; such final payment shall be made by the Owner not more than
30 days after the issuance of the Architect's Final Certificate for Payment.
7.2.2 The amount of the final payment shall be calculated as follows:
7.2.2.1 Take the sum of the Cost of the Work substantiated by the CMAR's final accounting and
the CMAR's Fee; but not more than the GMP.
7.2.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final
Certificate for Payment as provided in Attachment 1 or other provisions of the Contract
Documents.
7.2.2.3 Subtract the aggregate of previous payments made by the Owner.
7.2.2.4 If the aggregate of previous payments made by the Owner exceeds the amount due the
CMAR, the CMAR shall reimburse the difference to the Owner.
7.2.4 Notwithstanding anything to the contrary herein, the Owner shall only hold such sums following
Substantial Completion as are deemed reasonably necessary to protect the Owner from the consequences
of defective work, incomplete work, and notice of unpaid claims from subcontractors, trade contractors,
and suppliers and/or the requirements of Texas law. If in the event an audit conducted by the Owner reveals
that sums have been improperly paid to the CMAR, such sums shall be immediately returned and/or repaid
to the Owner by the CMAR within ten (10) days of the demand by Owner.
7.2.5 If the Owner's accountants or auditor report the Cost of the Work as substantiated by the CMAR's
final accounting to be less than claimed by the CMAR, the CMAR shall be entitled to proceed in accordance
with Section 9.1 "RESOLUTION OF CONTRACT DISPUTES", without a further decision of the
Architect. Pending a final resolution of the disputed amount, the Owner shall pay the CMAR the amount
certified in the Architect's final Certificate for Payment.
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7.2.6 When all of the Work is completed and is ready for a final inspection, the CMAR shall notify the
Owner and the Architect thereof in writing. Thereupon, the Architect will make final inspection of the Work
and, if the Work is complete in full accordance with this Contract, the Architect will promptly issue a final
Certificate for Payment certifying to the Owner that the Work is complete, and the CMAR is entitled to the
remainder of the unpaid Contract Price, less any amount withheld pursuant to this Contract. A Final
Requisition for the Disbursement of Work Costs accompanied by the Architect's Certificate and Affidavit
and Waivers of Lien required of the CMAR under paragraph 7.2.8 below shall accompany the Final
Application for Payment. If the Architect is unable to issue its Final Certificate for Payment, the specific
reasons therefore shall be given in writing to the CMAR along with the reasonable sum held for each such
reason, and if the Architect is required to repeat its final inspection of the Work, the CMAR shall bear the
cost of such repeat final inspection(s) which cost may be deducted by the Owner from the CMAR's final
payment.
7.2.7 The CMAR shall not be entitled to final payment unless and until it submits to the Architect (a) its
affidavit that the payrolls, invoices for materials and equipment, and other liabilities connected with the
Work for which the Owner, or the Owners property might be responsible for, have been fully paid or
otherwise satisfied; (b) releases and waivers of liens (excluding retainage) from all Subcontractors of the
CMAR and of any and all other parties required by the Architect or the Owner; and (c) consent of Surety,
if any, to final payment. If any third party fails or refuses to provide a release of claims or waiver of lien
as required by Owner, the CMAR shall furnish a bond satisfactory to the Owner to discharge any such lien
or indemnify the Owner from liability.
7.2.8 Acceptance of final payment shall constitute a waiver of all claims against the Owner by the CMAR
except for those claims previously made in writing against the Owner by the CMAR, pending at the time
of final payment, and identified in writing by the CMAR as unsettled at the time of its request for final
payment.
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7.3.1 The CMAR shall keep Owner and Owner's property free from all mechanic's and materialman's
liens and all other liens and claims, legal or equitable, arising out of the Work hereunder. In the event any
such lien or claim is timely filed by any one claiming by, through or under CMAR, the CMAR shall
discharge the same within a reasonable time.
7.3.2 CMAR does hereby subordinate any and all liens, rights, and interest (whether choate or inchoate
and including, without limitation, all mechanic's and materialman's liens under the applicable laws of the
State of Texas, whether contractual, statutory, or constitutional) owned, claimed, or held, or to be owned,
claimed, or held by CMAR in and to any part of the Work or the Work on which the work is performed, to
the lien securing payment of sums now or hereafter borrowed by Owner, its successors or assigns, in
connection with the development, design, and/or sums now or hereafter borrowed by Owner, its successors
or assigns, in connection with the development, design, and/or construction of the Work. CMAR shall
execute such further and additional evidence of the subordination of liens, rights, and interests as Owner,
Owner's lenders, or any ground Lessee may require. The subordination of CMAR's lien is made in
consideration of the execution and delivery of this Agreement, and shall be applicable despite any dispute
between the parties to, or any default by Owner under this Agreement or otherwise.
7.3.3 CMAR shall include in every contract or subcontract relating to the work to which it is a party or
in which it represents Owner, and in each and every lower tier subcontract, provisions (i) that the person or
entity doing the work, performing labor or furnishing materials pursuant to a subcontract agrees to
subordinate any mechanic's or materialman's lien or any other claim against any part of the Work or the
property in which the Work is performed or materials furnished under the Contract Documents or such
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subcontracts, to the lien securing payment of sums now or hereafter borrowed by Owner, its successors,
and assigns, in connection with the development, design and/or construction of the Work and to all liens
and rights, (ii) that the required subordinations are made in consideration of and as an inducement to the
execution and delivery of the Contract Documents and the subcontract in which it appears, and shall be
applicable despite any dispute between or among Owner, CMAR, any trade contractor or subcontractor, or
any default by Owner, CMAR, or any trade contractor or subcontractor, and (iii) that the Owner, its
successors and assigns, and lenders are express third party beneficiaries who have supplied consideration
for such subordinations.
7.4 TIME OF COMPLETION AND LIQUIDATED DAMAGES
7.4.1 It is understood and mutually agreed by and between the Construction Manager and Owner that
the date of beginning and the time for completion of the Work are essential conditions of this Agreement.
The CMAR agrees that the Work will be prosecuted regularly and diligently at such rate of progress as will
insure full completion thereof within the time frame set forth in Amendment No. 1.
7.4.2 CMAR agrees that the Contract Time, i.e. the period for Substantial Completion of the Work shall
be determined and agreed upon simultaneously with the agreement as to the GMP as provided in Part 2.2.
The Contract Time includes the number of days that Work is anticipated to be delayed due to inclement
weather and/or unworkable conditions.
7.4.3 For the purposes of this Agreement, a calendar day constitutes twenty-four (24) hours of time and
is any one of seven days of a week, including Saturday, Sunday, and Holidays, regardless of whether a
"working day" or not, weather conditions, or any condition or situation which may delay construction.
7.4.4 The Contract Time may be extended as provided in Attachment 1.
7.4.5 The basis for completion under this part 7.4 will be Substantial Completion as defined in
Attachment 1.
7.4.6 If, after execution of the Certificate of Substantial Completion, the CMAR fails to fully complete
items found incomplete or deficient during a final inspection within thirty (30) calendar days or fails to
provide specified Work close-out documents within thirty (30) calendar days, then the remaining retainage
- including allowances for incomplete work - may be retained by Owner and at Owner's sole discretion,
may be applied toward completion of the Work by Owner, or may be disbursed after all such defective
items are remedied and all close-out data is received, and such shall not be deemed a waiver of any other
right or remedy of Owner under this Agreement, at law or in equity.
7.4.7 Liquidated Damages. CMAR agrees that shall CMAR neglect, fail, or refuse to complete
substantially or cause the failure of Substantial Completion of any part of the Work within the Contract
time or any proper extension thereof granted by the Owner, then the CMAR does hereby agree to pay the
Owner the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per day, not as a penalty but
as liquidated delay damages for each and every calendar day following the Contract Time or proper
extension thereof that Substantial Completion of the Work has not been achieved. Owner and CMAR agree
and stipulate that it is difficult to fix the actual delay damage sustained by the Owner in this scenario.
However, the said amount is fixed and agreed upon by CMAR and the Owner as a reasonable estimate of
the actual amount of delay damages which the Owner would sustain in such a case. The parties agree that
liquidated delay damages specified herein shall be the sole measure of delay damages if and in the event
Substantial Completion is not achieved as required by this Agreement.
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ARTICLE 8
INSURANCE AND BONDS
8.1 INSURANCE REOUIRED OF THE CMAR
During both phases of the Work, the CMAR shall purchase and maintain insurance as set forth herein. Such
insurance shall be written for not less than the following limits as set forth below:
8.1.1 The CMAR must provide the Owner with certificates of insurance prior to beginning work on the
Work. Each certificate of insurance must include the Work name. The certificates are to be approved by
Owner and Architect before work commences. The certificates of coverage must be signed by a person
authorized by the insurer to bind coverage on its behalf. The certificates must contain enough detail to
allow the Owner to confirm that the following requirements have been fulfilled by the Owner's insurance
coverage. Owner reserves the right to require complete, certified copies of insurance policies at any time.
CMAR shall name the Owner and Architect as additional insureds on the Commercial General Liability,
Commercial Automobile Liability, and Commercial Umbrella Liability policies and such insurance shall
be primary to any other insurance. Approval of the certificates or policies by the Owner does not relieve
the CMAR of its duty of indemnification.
If the coverage period shown on the current certificate of coverage ends during the duration of the Work,
the CMAR shall, prior to the end of the coverage period, provide a new certificate of coverage showing
extension of the coverage.
8.1.2 The required limits of insurance coverage may be satisfied by any combination of primary, excess,
or umbrella liability insurance coverage, provided the primary policy complies with the requirements
detailed below and the excess/umbrella policies are written on a "following form" basis. The CMAR may
maintain reasonable deductibles, subject to approval by the Owner. The required limits of insurance do not
establish a limit on the CMAR's liability.
8.1.2.1 Commercial General Liability insurance at minimum limits: $1,000,000.00 combined
single limit per occurrence for bodily injury, personal injury, and property damage.
The general aggregate limit shall apply separately to this Work or shall be equal to or
greater than $4,000,000.00. Coverage must be written on an occurrence form of policy
and must include coverage for premises liability, products liability, completed operations,
explosion, collapse, independent contractors liability, fire, legal liability ($50,000 limit),
and underground property damage. Coverage for products/completed operations must be
maintained for at least ten (10) years after the Work is completed. Contractual liability
must be maintained with respect to the CMAR's obligations in this agreement.
8.1.2.2 Workers' compensation insurance at statutory limits, including Employers Liability at
minimum limits of $1,000,000 bodily injury by accident, $1,000,000 by disease, aggregate.
Additional requirements are provided in Paragraph 8. 1.5
8.1.2.3 Commercial Automobile Liability insurance at minimum combined single limits of
$1,000,000 per accident, as respects all owned, non -owned, and hired vehicles.
8.1.3 Each required insurance policy shall:
8.1.3.1 Waive all rights of subrogation against the Owner for losses arising from Work performed
by the CMAR for the Owner;
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8.1.3.2 Require the insured to immediately notify the Owner of any material change in the
insurance coverage;
8.1.3.3 Provide the Owner with 30 day notice of cancellation, non -renewal, or termination of
insurance by return receipt mail (10 days as respects non-payment of premium);
8.1.3.4 Be written by an insurer that is licensed to do business in Texas, classified by the Texas
Department of Insurance as an "admitted" insurer, and maintains and A.M. Best rating of
ANII or better throughout the Work until the Owner has accepted the work;
8.1.3.5 Be written on forms that have been filed and approved by the Texas Department of
Insurance;
8.1.3.6 Be primary and non-contributory insurance as respects Owner, its officers, elected
officials, employees, agents, and representatives. Any insurance maintained by Owner will
be in excess of CMAR's insurance and will not contribute to it;
8.1.3.7 Apply separate to each insured against whom a claim is made or suit brought, except with
respect to the limits of the insurer's liability;
8.1.3.8 Be maintained from the time Work commences until services are completed and accepted
by Owner; and,
8.1.3.9 Must not contain any special limitations on the scope of coverage provided to the Owner,
its officers, elected officials, employees, agents, and representatives.
8.1.4 The CMAR shall include all contractors, subcontractors and trade contractors as insureds under its
policies or furnish Owner separate certificates for each contractor, subcontractor, and trade contractor. All
coverage required of contractors, subcontractors, and trade contractors shall be subject to all of the
insurance requirements detailed above except each contractor, subcontractor, and trade contractor's general
aggregate limit on Commercial General Liability shall be not less than $1,000,000.00. The requirements
of the Commercial Umbrella coverage do not apply to the contractors, subcontractors, and trade contractors.
8.1.5 State Mandated Workers' Compensation Insurance Requirements
8.1.5.1 Definitions (applicable to Paragraph 8.1.5)
a. Certificate of Coverage ("certificate") - A copy of a certificate of insurance or a
certificate of authority to self -insure issued by the Texas Department of Insurance
Division of Workers' Compensation (Workers' Compensation) showing statutory
workers' compensation insurance coverage for the persons or entities' employees,
executives, officers, partners, and proprietors providing services on the Work, for
the duration of the Work.
b. Duration of the Work - Includes the time from the beginning of the Work on the
Work until the CMAR's work on the Work has been completed and accepted by
Owner.
C. Persons providing services on the Work ("subcontractor" in 406.096 of the Texas
Labor Code). Includes all persons or entities performing all or part of the services
the CMAR had undertaken to perform on the subject, regardless of whether the
person contracted directly with the CMAR and regardless that person has
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employees. This includes, without limitation, independent contractors,
subcontractors, sub -contractors, motor carriers, Owner -operators, employees,
executives, officers, partners, and proprietors of any such entity, trade contractors,
or employees of any entity, which furnishes persons to provide services on the
Work.
d. Services - Include, without limitation, providing, hauling, or delivering equipment
or materials, or providing labor, transportation, or other service related to the
Work.
8.1.5.2 The CMAR shall provide workers' compensation insurance coverage, based on proper
reporting of classification codes and payroll amounts and filing of any coverage agreements, which
meet the statutory requirements of the Texas Labor Code (401.011 (44)) for all employees of the
CMAR providing services on the Work, for the duration of the Work.
8.1.5.3 The CMAR must provide a certificate of coverage to Owner prior to execution of this
Agreement.
8.1.5.4 If the coverage period shown on the CMAR's current certificate of coverage ends during
the duration of the Work, the CMAR must, prior to the end of the coverage period, file a new
certificate of coverage with Owner showing that coverage has been extended.
8.1.5.5 The CMAR shall obtain from each person providing services on the Work, and provide to
Owner:
a. A certificate of coverage, prior to that person beginning performance on the Work,
so Owner will have on file certificates of coverage showing coverage for all
persons providing services on the Work; and,
b. No later than seven days after receipt by the CMAR, a new certificate showing
extension of the coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the Work.
8.1.5.6 The CMAR shall retain all required certificates of coverage for the duration of the Work
and for three years thereafter.
8.1.5.7 The CMAR shall notify Owner in writing by certified mail or personal delivery, within 10
days after the CMAR knew or should have known, of any change that materially affects the
provision of the coverage of any person providing services on the Work.
8.1.5.8 The CMAR shall post on the Work site a notice, in the text, form and manner prescribed
by the Workers' Compensation, informing all persons providing services on the Work that they are
required to be covered, and stating how a person may verify coverage and report lack of coverage.
8.1.5.9 The CMAR shall contractually require each person with whom it contracts to provide
services on the Work, to:
a. Provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meet the statutory
requirements of the Texas Labor Code [401.011 (44)] for all employees of the
Contractors, Subcontractors, and Trade Contractors providing services on the
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Work, for the duration of the Work;
b. Provide to the CMAR, prior to that person beginning performance on the Work, a
certificate of coverage showing that coverage is being provided for all employees
of the person providing services on the Work, for the Duration of the Work.
C. Provide the CMAR, prior to the end of the coverage period, a new certificate of
coverage showing extension of the coverage, if the coverage period shown on the
current certificate of coverage ends during the Duration of the Work.
d. Obtain from each other person with whom it contracts, and provide to the Owner:
(i) A certificate of coverage, prior to the other person beginning performance
on the Work;
(ii) A new certificate of coverage showing extension of the coverage, if the
coverage period shown on the current certificate of coverage ends during
the duration of the Work;
(iii) Retain all required certificates of coverage on file for the duration of the
Work and for three years thereafter;
(iv) Notify Owner in writing by certified mail or personal delivery, within 10
days after the CMAR knew or should have known, of any change that
materially affects the provision of the coverage of any person providing
services on the Work; and,
(v) Contractually require each person with whom it contracts to perform as
required by clauses (i) - (iv) of this subparagraph, with certificates of
coverage, to be provided to the person for whom they are providing
services.
e. The CMAR's failure to comply with any of the provisions of Paragraph S. 1.5 is a
breach of contract by the CMAR which entitles Owner to declare this Agreement
void if the CMAR does not remedy the breach within ten (10) days after notice of
breach from Owner.
8.2.3 The CMAR shall purchase and maintain Builders Risk Insurance with limits that are at all times
sufficient to cover one hundred percent (100%) of the total contract price. The policy should be written to
cover the interests of the Owner, the CMAR, subcontractors, trade contractors, and all subcontractors.
Further, the policy shall:
8.2.3.1 Stipulate that the insurer will not seek recovery, through subrogation or otherwise,
against any insured (even if their negligence causes a covered loss), regardless of the
extent of the insured's insurable interest.
8.2.3.2 Be written on an "all-risk" basis, and shall provide coverage for fire, extended coverage
and physical loss or damage including theft, vandalism, malicious mischief, collapse,
sewer backup, seepage, hydrostatic testing, pneumatic testing, mechanical testing, and
normal settling.
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8.2.3.3 Apply to foundations, falsework, temporary buildings, and debris removal including
demolition occasioned by enforcement of applicable legal requirements.
8.2.3.4 Provide coverage for consequential damage ensuing from faulty workmanship, material,
construction, or design (resulting damage only, not cost of making good the
workmanship).
8.2.3.5 Be maintained until the Owner has accepted the Work as completed or until no one other
than the Owner has an insurable interest in the Work.
8.2.3.6 Cover portions of property stored off-site (after written approval of the Owner) at the value
established by the Owner and portions of the work in transit.
8.3.1 CMAR shall furnish bonds in accordance with Chapter 2253 of the Texas Government Code. The
Performance and Payment Bonds required by this Article may be in one or separate instruments in
accordance with local law. Surety companies must be licensed to do business in the State of Texas. All
Payment and Performance Bonds provided by CMAR or any subcontractor shall comply with the
requirements of Article 7.19-1 of the Texas Insurance code. The amount of each bond provide by CMAR
shall be equal to One Hundred Percent (100%) of the GMP. The CMAR has provided or will provide
Performance and Payment bonds and shall be delivered to Owner when a GMP is established through
Amendment Number 1.
8.3.2 All bonds will be reviewed by the Architect for compliance with the Contract Documents prior to
execution of the contract and/or commencement of construction activities. In the event that the Architect
has any questions concerning the sufficiency of the bonds, the bonds will be referred to the Owner or the
Owner's representative for review and decision.
8.3.3 All bonds shall be originals. The CMAR shall require the attorney-in-fact who executes the
required bonds on behalf of the surety to affix thereto a certified and current copy of the Power -of -Attorney.
The name, address, and telephone number of a contact person for the bonding company shall be provided.
8.3.4 Upon the request in writing of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under this Agreement, the CMAR shall promptly furnish a copy of
the bonds or shall permit a copy to be made.
8.3.5 Bonds shall be signed by an agent resident in the State of Texas and the date of the bond shall be
the date of the execution of this Agreement and/or commencement of construction activities. If at any time
during the continuance of this Agreement the surety of the CMAR's bonds becomes insolvent, Owner shall
have the right to require additional and sufficient sureties which the CMAR shall furnish to the satisfaction
of the Owner within thirty (30) days after notice to do so. In default thereof, the CMAR may be suspended
and all payment or money due to the CMAR withheld.
8.3.6 The CMAR shall deliver the required bonds to the Owner within 10 days of the acceptance of this
Agreement by Owner.
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ARTICLE 9
MISCELLANEOUS PROVISIONS
9.1 RESOLUTION OF CONTRACT DISPUTES.
CMAR understands and agrees that all disputes between CMAR and Owner based upon an alleged violation
of the terms of this Agreement by the Owner shall be submitted to the City Manager for his resolution, prior
to CMAR being entitled to seek judicial relief in connection therewith. In the event that the amount of
compensation in dispute hereunder exceeds $50,000.00, the City Manager's decision shall be approved or
disapproved by the City Council. CMAR shall not be entitled to seek judicial relief unless: (i) CMAR has
first received City Manager's written decision, approved by the City Council if the amount of compensation
hereunder exceeds $50,000.00; or (ii) a period of sixty (60) days has expired, after submitting to the City
Manager a detailed statement of the dispute, accompanied by all supporting documentation (90 days if City
Manager's decision is subject to City Council approval); or (iii) Owner has waived compliance with the
procedure set forth in this section by written instruments, signed by the City Manager.
9.2 Before Owner shall be liable to CMAR or any of its successors or assigns for any alleged breach
of this Agreement, notice must first be given Owner within six (6) months of the date the breach is alleged
by CMAR to have occurred.
9.3 OTHER PROVISIONS
9.3.1 DEFINITIONS
Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in
Attachment 1, General Conditions of the Contract for Construction.
9.3.2 EXTENT OF CONTRACT
This Contract, which includes this Agreement and the other documents incorporated herein by reference,
represents the entire and integrated agreement between the Owner and CMAR and supersedes all prior
negotiations, representations, or agreements, either written or oral. This Agreement may be amended only
by written instrument signed by both the Owner and CMAR. If anything in any document incorporated
into this Agreement is inconsistent with this Agreement, this Agreement shall govern.
9.3.3 OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications, and other documents prepared by the Architect, and copies thereof furnished
to the CMAR, are for use solely with respect to this Work. They are not to be used by the CMAR,
subcontractors, sub -subcontractors, trade contractors or suppliers on other projects, or for additions to this
Work outside the scope of the Work, without the specific written consent of the Owner. The CMAR,
subcontractors, sub -subcontractors, trade contractors, and suppliers are granted a limited license to use and
reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the
Architect appropriate to and for use in the execution of their Work under the Contract Documents.
9.3.4 GOVERNING LAW
The Contract shall be governed by the law of the State of Texas.
9.3.5 ASSIGNMENT
The Owner and CMAR respectively bind themselves, their partners, successors, assigns, and legal
representatives to the other party hereto and to partners, successors, assigns, and legal representatives of
such other party in respect to covenants, agreements, and obligations contained in the Contract Documents.
Neither party to the contract shall assign the Contract as a whole without written consent of the other. If
either party attempts to make such an assignment without such consent, that party shall nevertheless remain
legally responsible for all obligations under the Contract.
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9.3.6 VENUE
Venue shall be in Lubbock County, Texas.
9.3.7 WARRANTY
The CMAR agrees to continue to serve as the point of contact for warranty purposes for a period of time
not less than one (1) year and longer if the contract documents provide for warranty periods in excess of
one year. This service will be at no additional fee. The CMAR's duties during this period will be to serve
as the Owner's representative in contacting the appropriate contractors, subcontractors, trade contractors,
or suppliers for their warranty obligations and taking such steps as necessary to ensure that the warranty
obligations are complied with.
9.3.8 AMENDMENT
This Agreement, representing the entire Agreement between the parties may be amended or supplemented
by mutual agreement of the parties hereto in writing and executed by each party. The amendment or
supplementation shall be in writing attached and incorporated in this Agreement.
9.3.9 INVALID, ILLEGAL OR UNENFORCEABLE PROVISIONS
In the event that any one or more of the provisions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it. To the extent that any term or provision of this
Agreement is in conflict with or inconsistent with a provision of Subchapter F of Chapter 2269 of the Texas
Government Code, the provisions of said Subchapter F shall prevail and apply.
9.3.10 NOTICE
Unless otherwise specified herein, any notice required or permitted under this Agreement shall be deemed
sufficient if given in writing and personally delivered, sent by overnight express delivery service or
deposited in the United States mail, postage prepaid, by registered or certified mail (return receipt
requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight
express delivery service, shall be deemed to be served effective as of the date the notice is delivered.
Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served by close
of business on the third business day after the date said notice is postmarked to the addressee, postage
prepaid.
Until changed by written notice given by one party to the other, the addresses of the parties for purposes
herein shall be as follows:
IF TO OWNER:
With n copy to:
Name: Kelly Campbell
Title: Executive Director of Aviation
Address: 5401 North MLK Boulevard, Unit 389
Lubbock, Texas 79403
Telephone: 806-775-3047
Name: Chad Weaver
Title: City Attorney
Address: City of Lubbock
1625 13th Street
Lubbock, Texas 79457
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IF TO CONSTRUCTION MANAGER:
Name: LEE LEWIS CONSTRUCTION, INC.
Attention: Liz Lonngren
Address: 7810 Orlando Avenue
Lubbock, Texas, 79423
9.3.11 RELATIONSHIP OF PARTIES
9.3.11.1 CMAR undertakes performance of the Work as an independent contractor. Nothing
herein shall create a relationship of employer and employee, joint venture, or partnership
between the Owner and CMAR, its agents, representatives, employees, engineers,
consultants, contractors, or subcontractors, for any purpose whatsoever. Nothing herein
shall create a relationship of principal and agent between Owner and CMAR, its agents,
employees, representatives, engineers, consultants, contractors, or subcontractors. Neither
party shall have the authority to bind nor obligate the other in any manner as a result of the
relationship created hereby.
9.3.11.2 Owner shall not have the right to control the manner(s) or prescribe the method(s) by
which CMAR performs the Work. CMAR shall be wholly responsible for the CMAR
services. CMAR is entirely and solely responsible for its acts and the acts of its agents,
employees, representatives, engineers, consultants, contractors, and subcontractors
engaged in the performance of the Work.
9.3.11.3 CMAR's personnel shall be and remain solely the employees of CMAR, and at no time
or in any manner shall CMAR's personnel, employees, agents, representatives, engineers,
consultants, contractors, or subcontractors be considered as or deemed to be employees of
Owner.
9.3.12 FINANCIAL INTEREST PROHIBITED
CMAR covenants and represents that CMAR, its officers, employees, agents, engineers, consultants,
contractors, and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of
any product, materials, or equipment that will be recommended or required for the construction of the Work.
9.3.13 TIME IS OF THE ESSENCE
CMAR understands and agrees that time is of the essence.
9.3.14 NO INDEMNIFICATION BY CITY
The parties expressly acknowledge that the City's authority to indemnify and/or hold harmless any third
party is governed by the Texas Constitution and any provision which purports to require indemnification
by the City is invalid.
9.3.15 NON -APPROPRIATION
The Parties understand and acknowledge that the funding of this Agreement is contained in the City's
annual budget and is subject to the approval of the City in each fiscal year. The Parties further agree that
should the governing body of the City fail to approve a budget which includes sufficient funds for the
continuance of this Agreement, or should the governing body of the City fail to certify funds for any reason,
then and upon the occurrence of such event, this Agreement shall terminate as to the City and the City shall
then have no further obligation to the other Party. When the funds budgeted or certified during any fiscal
year by the City to discharge its obligations under this Agreement are expended, any other Party's sole and
exchisive remedy shall be to terminate this Agreement.
9.3.16 RIGHTS AND REMEDIES RESERVED
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent
jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its
unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this Agreement, the former shall control.
ARTICLE 10
TERMINATION OR SUSPENSION
10.1 TERMINATION DURING PRE -CONSTRUCTION PHASE
10.1.1 During the pre -construction phase, the Owner may terminate this Contract at any time without
cause.
10.1.2 If the Owner terminates this Contract pursuant to this part 10.1, the CMAR shall be equitably
compensated for costs incurred for Preconstruction Phase services performed prior to receipt of notice of
termination; provided, however, that the compensation for such services shall not exceed the compensation
set forth in Subparagraph 4. 1.1 and that all expenses were approved by Owner and documentation to support
the details of each expense are given to Owner.
10.2 TERMINATION OR SUSPENSION DURING CONTSTRUCTION PHASE
10.2.1 TERMINATION BY OWNER FOR CONVENIENCE
The Owner may at any time terminate the contract for convenience. Such termination shall go into effect
thirty (30) days after receipt of written notice from the Owner. Upon the written notice, the CMAR shall:
10.2.1.1 Cease all operations and not enter into any further subcontracts or purchase orders;
10.2.1.2 Take actions necessary for the preservation and protection of the Work; and
10.2.1.3 Terminate all existing subcontracts and purchase orders, unless otherwise directed by
Owner in notice of termination.
10.2.2 TERMINATION BY OWNER FOR CAUSE
Termination under this section goes into effect ten (10) days after receipt of written notice from the
Owner.
10.2.2.1 Upon the written notice, the CMAR shall:
Cease all operations and not enter into any further subcontracts or purchase
orders;
Take actions necessary for the preservation and protection of the Work; and
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Terminate all existing subcontracts and purchase orders, unless otherwise
directed by Owner in notice of termination.
10.2.2.2 The Owner may terminate the contract for cause if the CMAR:
Repeatedly refuses or fails to:
a. Supply enough properly skilled workers or proper materials; or
Make full and timely payment to Subcontractors for materials or labor
according to CMAR and Subcontractor written agreements;
2. Repeatedly or knowingly disregards any applicable laws, statutes, ordinances,
codes, rules, regulations, or enforceable orders of a public authority;
Substantially breaches any provision of the Contract Documents;
4. Becomes insolvent, files a bankruptcy petition, has a receiver or trustee
appointed for all or a significant portion of the assets of the CMAR, or performs
any act of fraud;
Actually or constructively abandons, or puts Owner on actual or constructive
notice that it intends to abandon the Work;
6. Fails to furnish Owner with an unconditional release of lien or a statutory bond in
compliance with Subchapter H of the Texas Property Code within thirty (30)
days after an affidavit claiming a lien is recorded by a claimant claiming through
the CMAR; or
Shall not be able to achieve Substantial Completion within thirty (30) days
following the Date of Substantial Completion required by the Agreement,
according to the reasonable belief of the Owner when CMAR fails to achieve a
critical milestone within thirty (30) days of the date for such critical milestone set
forth in the critical path schedule; or
8. Fails to maintain insurance as required in Article 8 of this Agreement,
10.2.3 TERMINATION BY CMAR FOR CAUSE
Termination under this section go into effect ten (10) days after receipt of written notice from the CMAR.
10.2.3.1 The CMAR may terminate the contract for cause if the Work is stopped for a
period of 90 consecutive days through no act or fault of the CMAR or Subcontractor or their
agents or employees or any other persons or entities performing portions of the Work under direct
or indirect contract with the CMAR for any of the following reasons:
1. Issuance of an order of a court or other public authority having jurisdiction that
requires all Work to be stopped;
2. An act of government, such as a declaration of national emergency that requires
all Work to be stopped;
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Because the Owner has not made payment on a Certificate for Payment within
the time stated in the Contract Documents; or
4. The Work is stopped for a period of 60 consecutive days through no act or fault
of the CMAR or Subcontractor or their agents or employees or any other persons
performing portions of the Work under contract with the CMAR, because:
The Owner has repeatedly failed to fulfill the Owner's obligations under
the Contract Documents with respect to matters necessary to the progress
of the Work;
b. The CMAR has provided an additional ten (10) days written notice to the
Owner and the Architect of such failure; and
The Work is not allowed to commence by the expiration of said notice.
10.2.4 PAYMENT AFTER TERMINATION
In the event of termination under this article, and provided that such payment does not exceed amount to
be paid to the CMAR in the Contract Documents, the CMAR shall be paid for:
Work performed in accordance with the Contract Documents; and
2. Direct, actual, and unavoidable costs incurred by the CMAR prior to receipt of written
notice accompanied by written support explaining the costs to the Owner.
10.2.5 ASSIGNMENT OF SUBCONTRACTS
In the event of termination by the Owner, for convenience or for cause, and at the Owner's request to
assign Subcontractor Agreements, the CMAR shall assign Subcontractor Agreements to Owner. Owner
shall not be responsible for any obligations owed to Subcontractor by CMAR prior to Assignment to
Owner. Upon assignment, the Owner assumes the CMAR's rights and obligations under the Subcontract
Agreement with regard to the Work to be performed after the acceptance of the assignment by the Owner.
10.3 SUSPENSION
The Work may be suspended by the Owner as in Attachment 1.
ARTICLE 11
OTHER CONDITIONS AND SERVICES
11.1 COUNTERPARTS_ This Agreement may be executed in two or more counterparts, each of
which shall constitute an original but all of which, when taken together, shall constitute one and the same
agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized, this the day and year above written.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
Daniel M. Pope, MAY
4
Rebe t
a Garza, City Secretary
APPROVED AS TO CONTENT:
Kelly Cam dell, Executive Director of Aviation
APPIkOVED AS OF
ORM:
KA li Leisure, Assistant City Attorney
CONSTRUCTION MANAGER AT RISK
LEE LEWIS CO RUCTION, INC.
By: J6 _
Liz Lo gren, Execo ve V.P.
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Attachment 1
Lee Lewis
Construction, Inc.
LUBBOCK I DALLAS I AUSTIN
June 30, 2017
Teofilo Flores, CTPM
Senior Buyer
City of Lubbock - Purchasing & Contract Management
1625 13th Street, RM 204
Lubbock, Texas 79401
7810 Orlando Ave.
Lubbock, Texas 79423
806-797-8400
17177 Preston Road, Suite 160
Dallas, Texas 75248
9020 N Capitol of Texas Hwy
8'dg 1. Suite330
Austin, Texas
512-369-3921
Re: RFP 17 -13410 -TF - Consolidated Car Rental Facility - Lubbock International Airport
Dear Mr. Flores,
In response to your request. Lee Lewis Construction, Inc. is pleased to submit our breakout of General
Conditions for the Consolidated Car Rental Facility - Lubbock International Airport. We acknowledge the
budget for this project is between $1 OMIL and $15MIL. In addition, the duration of the project is between
12 and 24 -months as outlined in the RFP.
The budget and project duration will be determined during Pre -Construction Services. Therefore, we have
based our Fees and General Conditions on a project budget of $15MIL and a 12 -month duration.
Fee
—$288,860
GC's
= $454.140
Total
= $743,000 = 4.9510
Please see attached our breakout of General Conditions and executed Form 1295 - Texas Ethics
Commission. Should you need us to base our fees and GC's on a different project budget or duration -
please advise. We look forward to working with you and your team on this very important project. Should
you have additional questions about our fees please feel free to call me (806-773--8452) or email me at
Ilonngen(a1leclewis.com.
Sincerely.
Liz onngren, Al CSI
Executive Vice President
Lee Lewis Construction. Inc.
Lee Lewis
Construction, Inc.
AUSTIN I DALLAS I LUBBOCK
General Conditions Breakout
Proj: Lubbock IA- Consolidated Rental Car Facility
Loc: Lubbock, Texas
Owner: Lubbock IA
Date: 6/30/17
Bldg Area:
Schedule:
Estimator:
30,000 sf
12 mo
LL
Item
Code Description
Quantity Unit
Unit
Price
Material Unit
Cost Price
Labor
Cost
Supervision
52 wk
$120.00
6,240 $1,540.00
80,080
Project Manager 0 50%
52 wk
$120.00
6,240 $900.00
46,800
Misc. Office Supplies
12 mo
$500.00
6,000
0
Project Sin
4 ea
$800.00
3,200
0
Safety
1 Is
$3,000.00
3,000
0
First -Aid Supplies
12 mo
$250.00
3,000
0
Documents
1 Is
$500000
-5,000
0
Temporay Office
12 mo
$900.00
113,800
0
Office Equipment
1 Is
$5,000.00
5,000
0
Temporary Toilets
12 mo
$600.00
7,200
0
Temporary Electric
12 mo
$500.00
6,000
0
Telephone & Communication
12 mo
$700.00
8,400
0
Water, Ice, & Cups
52 wk
$40.00
2,080
0
Pick-UpTruck Rental
12 mo
$1,200.00
14,400
0
Equipment Maintenance
12 mo
$300.00
3,600
0
Gas & Oil
12 mo
$1,200.00
14,400
0
Small Tools
1 Is
$3,000.00
3,000
0
Dum ster Charges
1 Is
$10,000.00
10,000
0
Final Clean
30000 sf
$0.30
9,000
0
Labor Burden
1 Is
$44,500.00
27,700
0
Insurance
1 Is
$75,000.00
55 000
0
Bond
1 Is
$1113,000.00
113,;00
0
Closeout
1 Is
1 $5,000.00 1
5,0001
0
TOTALS
I
1
$327,260 1
$126.880
Total General Conditions
$454,140
Gen. Cond. Copy of Lubbock Intl. Airport rental(2).xis 1 of 1 6/30/17 11:01 AM
Attachment 2
City of Lubbock
City of Lubbock, TX
Construction Manager at Risk for Consolidated Rental Car Facility at LPSIA
RFP 17 -13410 -TF
Pricing Sheet
A. PRE -CONSTRUCTION PHASE SERVICES:
Lump Sum: Five Thousand
B. CONSTRUCTION PHASE SERVICES:
Dollars ($ s 000
Percent: Pour and Ninety -Five Hundreds Percent
To Include, but not limited to:
I ) Project Manager (on site)
2) Assistant Project Manager (on site)
3) Project Manager (off site)
4) Superintendent
5) Assistant Superintendent
6) Clerical Support
7) Project Field Engineer
8) Admin. Assistant
9) General Superintendent
10) Project Executive
11) Project Scheduler
12) Estimator
13) Safety Officer
14) Clerk of the Works
15) Surveyor
16) Other
17) Other
MATERIALS
Item
1) Field Engineering Equip
2) Field Project Office
3) Temp. Fire Extinguisher & Safety Equipment
4) Office Furniture
5) Office Supplies
6) Postage/Fed Ex/Courier
7) Misc. Document Printing/Reproduction
8) Copy Machine, Toner & Paper
9) Computers/ Printers/Networks/Software
10) Telephone, Cell Phone, Internet & Fax
Services
61WO17 12 57 PM
Bid RFP 17 -13410 -TF
1 1) Janitorial Services
12) Misc. Small Tool & Consumables
13) Equipment Rental
14) Temporary Site Fencing
15) Project Signage
16) All Risk Builders Risk Ins.
17) CGL Insurance:
18) All other Ins. in addition to CGL
19) Contractors Bond
20) Building Permit Fees
2 1 ) Construction Equip. Freight & Ins.
22) Ind. Testing & Inspection - By Owner
23) Construction Clean-up, Dumpsters, & Haul -off
24) Final Clean-up
25) Special Testing Equip. Rental
26) Final Project Cost Certification
27) Equipment Gas/Oil
28) Security
29) Lifting/Hoisting Equipment
30) Temporary Toilets
31) Temporary Storage Trailer/Container
32) Ice and Water:
33) Vehicle Use, Mileage/Operation/Fuel
34) Temporary Water and Power Usage- By Owner
35) Taxes
36) SWPPP/Erosion Control Measure
37) Lodging/Relocation
38) Project Meals/Meetings
39) Project Related Travel Expenses
40) Other (Specify):
June 13, 2017
City of Lubbock
Attn: Marta Alvarez, Director of Purchasing and Contract Management
1625 13th Street, Room 204
Lubbock, Texas 79401
Dear Honorable Mayor and City Council:
Lee Lewis Construction, Inc. is pleased to submit our unique qualifications for Construction Manager -at -Risk
services for the Consolidated Rental Car Facility at Lubbock Preston Smith International Airport.
Lee Lewis Construction has tremendous experience with all of the components in this project, including the
construction of International Car Rental. We have experience with parking lots, service and wash bays, and
above ground fuel stations. In addition, we have built extensive areas of Lubbock Preston Smith International
Airport and are a current lease holder. This unique combination sets us apart from other firms in that we are
extremely knowledgeable in the FAA Requirements and Rule Codes required and will innately adhere to them.
As a Lubbock based, nationally recognized construction manager, Lee Lewis Construction brings a value
to the City of Lubbock with experience in renovation and new construction budgeting and managing
construction manager -at -risk contracts with a large monetary value and successfully delivering these projects
on budget and on time. We currently have numerous projects with budget ranging from $5MIL to $150MIL.
This experience has Lee Lewis Construction ranked nationally in the Top 100 CM -at -Risk firms in the United
States. In addition, we are in the Top 20 Contractors in the State of Texas.
The services we offer for both Pre -Construction and Construction are driven to provide the best value for
the City of Lubbock. Our Pre -Construction Team is focused on providing our clients the attention to detail
required when developing budget/estimates and working with the design team on constructability of the
documents and value of materials selected. This team does not manage other projects but is dedicated to
providing the services required to deliver a sound GMP without excess contingencies.
In addition, we have proposed a dynamic experienced team in both Pre -Construction Services and
Construction Services. Our superior Pre -Construction Team is led by Liz Lonngren, AIA, CSI. Accompanying
her is Chief Estimator, Kirk Hughlett, CSI, LEED AP. Kirk has tremendous experience. This team has worked
together for many years providing outstanding Pre -Construction Services.
The proposed Project Management Team will be lead by Jason Smith, CSI as Project Executive. Jason has
worked on large, complex projects and will lead the team, throughout the construction duration. Senior
Project Manager Brandon Mitchell will be the daily lead for the project.
Lubbock
TEAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
r
Our field leadership team will consist of Scott Metzker, a superintendent who will sequence the construction
for on time delivery to the City of Lubbock at Lubbock Preston Smith International Airport His experience is
second to none and he exemplifies professionalism and work as a rare "hands-on" superintendent.
The balance of our staff includes Frank Call who leads our Environmental, Health and Safety Department and
John Givens who manages Field Operations and Quality Control. We believe it is imperative to the success of
this project to have these experienced staff members as an integral part of the team.
Please do not hesitate to contact me should there be additional questions. We look forward to providing our
construction management services to the City of Lubbock at Lubbock Preston Smith International Airport.
Sincerely,
Liz Lonngren, AIA, CSI
Executive Vice President
Lee Lewis Construction, Inc.
RFP 17 -13410 -TF
City of Construction Manager at Risk
Lee Lewis
;Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
1EX1�E LUBBOCK 1 DALLAS 1 AUSTIN
r
METHODOLOGY
ii. A description of the methodology to be used to complete the project to include, but not be limited
to, how recommendations will be formulated and commitment of adequate appropriate resources to
the project.
PROPOSED METHODOLOGY TO COMPLETE THE WORK
Lee Lewis Construction's methods and procedures by which we will successfully provide Pre -Construction
Services and Construction Services include:
» Pre -Construction Services
» Scope Optimization and Value Engineering
» Constructability Advice
» GMP Development
» Change Management
» Challenges
» Post Construction Warranties and Deficiencies
PRE -CONSTRUCTION SERVICES
Lee Lewis Construction, Inc. has an in-house Pre -Construction department that has a plethora of resources for
providing comprehensive Pre -Construction Services tailored specifically for the project. Lee Lewis Construction,
Inc.'s approach to Pre -Construction Services is to serve both the Owner and the design team as a source of
accurate information from which educated decisions can be made concerning the project's cost, quality level,
and schedule.
During the Pre -Construction Phase we will:
ID Review the program
» Examine the site
Continuously review the design documents
» Assist in preparation of 'front-end' specifications and proposal forms
Perform Constructability Reviews
» Identify potential vendors and subcontractors
» Recommend and assist in preparation of 'bid packages'
» Build the schedule
» Provide cost analyses of differing building systems for comparison
We do this In the spirit of partnering and maintain an open book approach to communication and information
sharing. We are committed to making decisions with the project's best interests in mind, not on what's easiest
for Lee Lewis Construction. We assign strong leadership to the Pre -Construction team so that the City of
Lubbock can reap the benefits a successful pre -construction phase has to offer.
bock
. , Lub
ir1AS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
SCOPE OPTIMIZATION AND VALUE ENGINEERING
Our goal is to derive maximum value for City of Lubbock by developing alternatives and exploring methods of
construction that can save money while maintaining or improving quality. We will do this while respecting critical
design elements and the timeliness of suggestions. The Pre -Construction phase of a project is in some ways
as critical as construction Itself. During pre -construction, Lee Lewis Construction, Inc. will work to optimize the
scope of the work allowed by the budget through accurate cost estimating, review of design details and value
engineering review and research.
A benefit to City of Lubbock is the experience Lee Lewis Construction, Inc. has gained by the successful
completion of numerous municipal projects in the past which are similar in scope and size to your projects. This
experience will bring to the team knowledge in various construction systems and details to include sequencing
of construction and current pricing of these various construction components. The experience gained through
the implementation of the varied designs increases Lee Lewis Construction's effectiveness in analyzing the
design for cost efficiency and constructability.
Value Engineering is an important process to every project as it affords the Owner an additional opportunity to
reduce the potential cost of the facilities while weighing the initial cost against the long-term benefit of proposed
systems. Value Engineering is a 'value-added' process that enables scope optimization.
(GMP) DEVELOPMENT
The development of the GMP begins with the initial review of the proposed design. During the schematic
design or preliminary phase, Lee Lewis Construction, Inc. will prepare a conceptual cost estimate coupled
with an estimate narrative to outline design assumptions and construction conditions. With the development
of the GMP, Lee Lewis Construction will prepare a construction schedule to establish time frames and project
milestone dates.
During the development of the GMP, the following activities will be initiated:
Development of GMP Estimate
Narratives outlining all assumptions made for each phase of work
» Prepare Construction Schedule establishing Project Milestones
u Prepare list of possible alternates to allow for Scope Optimization
n Involve potential local, regional and national subcontractors and suppliers for GMP pricing and schedule
impact on the delivery of materials, manpower and systems to the project site.
During the development of Bid Packages for the Work, the following activities will be initiated:
Assist in development of specifications and plan documents including definition of scope to ensure
value during bidding process.
Assist in the development, and generation of early specific bid packages that will not only help deliver
portions of the project on time, but also avoid future escalations in pricing due to inflation.
Propose design and construction alternatives if required and analyze the effects of alternatives for cost
and delivery advantages.
Lubbock
V Til1T
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
rrQ Lee Lewis
Construction, Inc.
LUBBOCK I DALLAS I AUSTIN
Monitor the subsequent design as it develops in order to ensure for City of Lubbock that the goals and
targets that have been set are being met.
Lee Lewis Construction, Inc. has an abundance of resources for providing comprehensive Construction Services
tailored specifically for the project. As the construction documents are completed and the subcontractor
pricing is received, Lee Lewis Construction, Inc. will schedule proposal review meetings with the apparent
low proposers to evaluate their proposals to avoid potential problems with their bids or interpretations of the
contract documents. Lee Lewis Construction will review the scope of work with the potential subcontractor to
ensure that a'complete' system is provided.
SCHEDULE, COST AND QUALITY
Lee Lewis Construction implements a detailed strategic management plan during the construction phase of the
project. This strategic plan provides controls to manage cost, quality, schedule, safety and changes.
SCHEDULE MANAGEMENT
Scheduling is often the most critical component in the Project. All project activities including: Design, Funding,
Regulatory Approvals, Purchasing, Construction and Occupancy will be developed and tracked on the Master
Schedule. This schedule will be used to keep all parties informed of the Project's progress will keep all members
of the team on schedule.
Lee Lewis Construction, Inc. begins building a schedule during the schematic design phase as the conceptual
estimates are being prepared and the project is being defined. As the Project requirements are better defined
and a GMP is being developed, the schedule is further refined and expanded.
The CPM Project Schedule will manage all aspects of the Project from award through all design phases, and
bid packages for the various projects. As the sub -bid packages are awarded, the Project Schedule will be
reviewed with subcontractors to make certain the schedule reflects their project requirements. The CPM Project
Schedule can then become a mutually agreed upon document for the Project Team. As the Project progresses,
the schedule is updated regularly to reflect and monitor job progress.
Lee Lewis Construction believes it is paramount that the Construction Manager control the schedule and
provide constant direction and monitoring of trade contractors and vendors throughout the Project. The primary
scheduling tool Lee Lewis Construction uses to ensure timely completion of a project is development of Critical
Path Method (CPM) Schedule. Lee Lewis Construction uses Primavera Contractor, a premier construction
scheduling software, to develop the project schedule. From this Master CPM Schedule, other scheduling tools
such as Look-Aheads, Fragmented Network Schedules (Fragnets) and Task Lists are employed to manage the
schedule on a closer level. The schedule is made available to all subcontractors and vendors during the bidding
process to ensure that they can bid the project in a manner that is conducive to timely completion of the Project.
Lee Lewis Construction will incorporate and track several items in the CPM schedule that typically include: Pre -
Construction, Punch List and Close-out Activities, Start, Intermediate, and Completion Milestones, Submittal
RFP 17-1Lee Lewis
i� City of Construction Manager
at Risk
�,,�►Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
f [7►S LUBBOCK I DALLAS t AUSTIN
WTHODOVOGY
Review Times and associated Material Lead Times, anticipated weather days and Owner activities. By
incorporating these activities in the schedule, Lee Lewis Construction manages not only construction activities,
but also indirect activities that have an impact on construction time. The schedule is updated on a bi-weekly
basis at a minimum throughout the course of the project, and each updated is carefully analyzed.
Look -Ahead Schedule - Portions of the CPM Schedule that Lee Lewis Construction uses to evaluate activities
that are in place or scheduled to begin in the near future. A two week Look -Ahead is reviewed with subcontractors
on a weekly basis throughout construction to manage the schedule at a closer level.
Lee Lewis Construction typically employs Task Lists during the final 20% of a project to manage activities. The
Task List has specified activities or milestones that each subcontractor must achieve down to the day, half
day and even to the hour when required. The Task List is reviewed on a more frequent basis than any of the
scheduling tools and may even be reviewed multiple times in a day toward the end of the Project. It is a critical
tool that Lee Lewis Construction employs to maintain control of the project schedule by sequencing specific
work -flow and site management of subcontractors and trades.
Lee Lewis uses all of the tools listed above not only to maintain project schedule but also to recover from
schedule delays. It Is critical to accurately update and maintain the project schedule to provide a true assessment
of whether a project (or certain portions thereof) is behind. By properly maintaining a CPM schedule and using
Look-Aheads, Lee Lewis Construction can quickly determine when Construction is not tracking as necessary.
Lee Lewis Construction will develop a Recovery Schedule that employs various techniques including:
Additional Equipment or Manpower
Overtime Work
» Subcontractor Supplementation
With these scheduling methods employed, Lee Lewis Construction will finish your project on time.
COST CONTROL
Controlling cost is one of the most difficult tasks that the design and the construction industry faces today.
In the last year we have seen significant documented increases in material costs. Currently, concrete, steel,
copper and petroleum based products have had large increases, and should be constantly watched for future
announced increases. Lee Lewis Construction recommends purchasing these building components as early
as possible in the project. We have the ability to store large amounts of building products off-site. In addition
many of the suppliers are providing materials in allocations or delaying deliveries. Lee Lewis Construction has
aggressive buying power in the Texas market. With our corporate office located in Lubbock and our Dallas and
Austin regional offices we can tap into numerous industry sectors and use our purchasing power to receive
preference in material distribution.
boc
" Lubk
41 MAS
AFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13. 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
Lee Lewis Construction, early on in the pre -construction phase, will compare the baseline budget established
earlier to the drawings. As the drawings become more detailed, so does the budget. Where the baseline budget
included a square foot cost for the structure, for instance, it will now include detailed quantities.
The value in this exercise is twofold:
1. You recognize an overrun in the budget early in the design when something can easily be done about it.
2. You know exactly where the budget was overrun (structure, finishes, mechanical, etc.) so that you can
value engineer the correct discipline.
During the Construction Phase, Lee Lewis Construction, Inc. controls costs by providing accurate cost estimates
in the formulation of the GMP. We utilize 'Timberline' estimating software to compile a definitive estimate in
recognized Construction Specifications Institute cost codes. Lee Lewis Construction, Inc. then tracks each cost
item through a controlled, efficient buy-out of that item. Through the use of our project management software,
'Expedition', Lee Lewis Construction, Inc. has an organized method to track each item and aggressively
manage any changes to that cost item. Cost reports are generated for review with the Project Team at regularly
scheduled meetings.
Lee Lewis Construction, Inc. maintains an extensive database of potential subcontractors and vendors to draw
from for Bid Solicitation. This extensive solicitation via e-mail and fax is in addition to advertisement through
newspapers, plan rooms, and FW Dodge Reports. Lee Lewis Construction, Inc. will ensure the best possible
coverage to potential bidders.
Upon completion of'buy-out' and award of subcontracts, the GMP will be revised to reflect the 'buy-out' status
of the project. As part of the Cost Management Program, Lee Lewis Construction, Inc. will monitor not only
expended cost, but will forecast expected cost to complete work.
QUALITY CONTROL
Quality assurance is a continuing process that Lee Lewis Construction, as the Contractor, must plan, inspect
and verify. Through submittal review, approval, pre -trade conferences, and testing, Lee Lewis Construction
will maintain a pro -active approach to Quality Assurance.
With the attention to conformance as the measure of quality during construction process, the specification of
quality requirements in the design and contract documents becomes extremely important.
The first and most important step to quality control is quality planning. For the first step of the quality control
approach Lee Lewis Construction, Inc. utilizes the following method.
• Review of the requirements outlined in the contract documents for a specific portion of the work.
• Review of the submittals and or shop drawings pertinent to that specific portion of the work.
• Submittal of the materials and shop drawings pertinent to that specific portion of the work to A/E.
City of
Lubbock
SEIAS
AFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13. 2017 at 2:00 PM CST
ffM Lee Lewis
Construction, Inc
LUBBOCK t DALLAS I AUSTIN
The second step of quality control is the Preparatory Meeting. This step of the Quality Control process
consists of a meeting on-site to review the scope, submittals, means, methods of installation, and specific
requirements. The Owner's Project Manager, A/E, Testing Lab, Sub -Contractor, Construction Manager, and
Quality Control Manager are all in attendance to review and discuss any questions or concerns regarding
the installation methods and materials. This meeting is documented to verify complete understanding of the
requirements and to document attendees.
The third step of quality control is the Initial Inspection. The Initial Inspection consists of an on-site review
of the work being performed to verify compliance with the construction documents and manufacturers'
recommended methods. The parties in attendance are the Quality Control Manager, Owner's Inspector,
A/E, Sub -Contractor, and other parties wishing to witness this inspection. This inspection is documented as
compliant or non-compliant. Should any portion of the work be found non-compliant, a deficiency notice is
issued to the sub -contractor. The deficiency notice is documented and a written method of correction and
resolution of the deficiency is required by the sub -contractor within 24 hours. There is a re -inspection required
for all deficiencies to verify compliance.
The fourth step of quality control is the follow-up inspection. This inspection process is identical to the initial
inspection and can occur at any time to insure the quality of the installed work is in compliance with the
requirements.
The fifth step of quality control is the Pre -Final Inspection. Following completion of the work, the sub-
contractor is required to request a Pre -Final Inspection. Prior to requesting a Pre -Final Inspection, all
documented deficiencies must have been verified as compliant, and the sub -contractor is to have completed
its own Quality Control Inspection, and resolved all non-compliant work found during the inspection. The
Quality Control Manager will inspect the work and make a punch list for deficient or non-compliant work.
Following resolution of deficient and incomplete work, the Owner and A/E will be notified the work is ready for
Final Inspections.
The sixth step of quality control is the resolution of work items that were determined to be non-compliant or
incomplete by the Owner or A/E. All items indicated by the Final Punch List must be resolved within 30 days.
The Quality Control Manager will then request a re -inspection by the Owner and A/E.
The seventh and final step of Quality Control is warranty resolution. Lee Lewis Construction, Inc. will receive
and coordinate the distribution of warranty items received from the Owner's Facility Management. Lee Lewis
Construction, Inc. will coordinate and verify correction of warranty items and notify the Owner of resolution for
the required warranty period.
PROJECT SITE SAFETY
Lee Lewis Construction, Inc. conducts regular safety training with all company job site supervisors on
all aspects of job safety to ensure that safety risks are anticipated, recognized as early as possible, and
RFP 17 -13410 -TF
City of Construction Manager at Risk
Lee Lewis
,Lubbock Consolidated Rental Car Facility at Construction, Inc
Due June 13, 2017 at 2:00 PM CSTST
TIIAS LUBBOCK I DALLAS I AUSTIN
controlled prior to an accident. The company pays for all safety equipment, all safety training of employees,
the correction of safety issues, and the maintenance of all safety and protective programs.
Equally important is jobsite security. Lee Lewis Construction, Inc. has an extensive security program for our
construction job sites. All personnel from Lee Lewis Construction, Inc. and our contracted subcontractors
go through an orientation program for the security plan for each project. Once they have been through the
program, they receive a hardhat badge that identifies them as approved to be on-site. Should there be a
need for security cameras on -site after work hours, we will utilize a night security program that has been
successfully implemented on several Lee Lewis Construction, Inc. job -sites.
The Lee Lewis Construction (LLCI) Safety and Health Program is based on the recognition that for a Safety
and Health Program to be successful it requires the participation of all personnel on our job sites including not
only Lee Lewis Construction employees but all subcontractors and their employees. Clearly communication is
the key to all personnel understanding and participating in this program.
At Lee Lewis Construction, Inc. (referred to in this paper the Company) communication begins with an easy
to read but fairly comprehensive written safety manual in both English and Spanish. This safety manual was
developed over a period of years working closely with the local office of OSHA through the PARTNERSHIP
ALLIANCE between OSHA and LLCI. The objective of this safety manual is to address safety problems
and issues that are commonplace on construction jobs. While these manuals do not address every detail
of each regulation, this manual was designed to meet or exceed OSHA and industry standards while being
understandable to all personnel on Company jobs. This manual is up -dated at least annually and is readily
available on all jobs sites. If there is a question regarding a safety issue that is not addressed in the Safety
Manual, all Company Project Superintendents have access to OSHA Standards via their computers or iPads
and through the Lee Lewis Construction PARTNERSHIP ALLIANCE with OSHA, all Project Superintendents
have the capability to call the local office of OSHA to discuss any safety issues that may arise on the job site.
In addition to the Safety Manual, the Company has developed HIP -POCKET safety manuals in both English
and in Spanish. These HIP -POCKET safety manuals are small enough to be carried by all personnel. These
HIP -POCKET safety manuals are condensed versions of the Safety Manual and are widely distributed on
jobs and during pre -construction meetings. All company superintendents are provided ample supplies of
these HIP -POCKET manuals for distribution to newly arriving subcontractors and their employees as the job
progresses.
In recognition that some workers on construction jobs may not have strong reading skills, the Company has
purchased and distributes booklets entitled "Basic Safety Rules for Construction" prepared by the Associated
General Contractors of America (AGC). These Basic Rules for Construction are available in both English and
in Spanish. To assist the reader in understanding these basic safety rules of construction, the AGC has used
a series of cartoon style drawings relating to the information being presented so that those workers with
limited reading skills will be more likely to understand the message. The Company has used these booklets
extensively as part of new employee orientation and training on all of its jobs.
1Z_ city of
� Lubbock
T[71S
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
Since it is essential that all subcontractors understand their own responsibilities on our jobs as far as safety
is concerned, we have added to all Subcontracts a Rider explaining the subcontractor's role in maintaining
a safe work place while on our job sites. Entitled JOBSITE SAFETY REQUIREMENTS RIDER or Exhibit
"G" this rider begins by describing the overall safety responsibilities of the subcontractor while on the job
site. This description is followed by specific safety directions regarding the procedures to be followed if
the subcontractor should encounter Asbestos or Lead Paints while on the job. These directions regarding
Asbestos and Lead are followed in this Rider by Subcontractor Safety Requirements that includes the
General Safety Requirements that the subcontractor's employees are expected to follow at all times while on
the jobsite. These general jobsite safety rules for subcontractor employees are followed by specific safety
requirements of regarding Personal Protection Equipment (PPE), Fall Protection, Fire Protection, Welding &
Cutting, Electrical, Equipment & Tools, Crane Operation Safety Rules, Hazardous Materials, Confined Space
Entry, Excavation & Trenching, Lock-Out/Tag-Out and Employee Orientation/Safety Education. It should be
noted that a subcontractor representative must initial each page of Exhibit "G" and must sign a statement
at the end that confirms that the Subcontractor understands and agrees to follow all of the safety terms and
conditions in this Rider which is attached to the Subcontract.
Since we recognize that sometimes the wording of the contracts is not always transmitted to the actual
personnel working in the field and since we also recognize that the importance of the need to follow all of the
terms and conditions listed in Exhibit "G" may not have been communicated from the subcontractor's office
to the employees working at the job site, we normally have a series of Pre -construction Meetings with all of
the subcontractors who will be working on the site during the course of the job prior to the subcontractor
personnel beginning work on a project. We require that the subcontractor send their supervisors that will be
working on the project to this Pre -construction Meeting so that we can make sure that these supervisors are
fully aware of their safety responsibilities listed in Exhibit "G" and this also gives us some time to work with
those supervisors that are not familiar with these rules and requirements. Since all subcontractors do not
start at the beginning of the project, we may often be required to repeat this Pre -construction Meeting several
more times during the course of the project when new subcontractors arrive at the site.
In addition to these materials, the LLCI Safety, Health and Environmental Department also prepares, where
necessary, JOB SITE SPECIFIC CONSTRUCTION SAFETY PROGRAMS. These programs address specific
safety issues that relate to the job site such as excavation and trenching, fall protection, confined space entry,
hazardous chemicals on site including but not limited to asbestos and lead, fire protection, buried lines and
the emergency action plan for this job -site. This program is utilized during the Pre -Construction Meetings to
ensure that all incoming subcontractors are aware of the dangers that may exist on this site or that can be
expected during construction.
In recognition that communication is critical to running a safe workplace, we hold weekly meetings with all
subcontractors on site and safety issues are an important part of these weekly meetings. Construction is very
dynamic with changing conditions occurring frequently and these weekly meetings allow the various trades to
discuss issues that will affect other trades including those issues that could affect the safety of those working
nearby. This meeting also allows look ahead scheduling to presented to all subcontractors working on site
which enables all subcontractors to plan their work so that they can limit the effect of their activities on others.
Ci of
,Lubbock
TEXAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Renta Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
In order to keep focused on the ever changing conditions on a construction job site, all subcontractors and
the Lee Lewis Construction Project Superintendent are required to perform safety inspections on a weekly
basis. Our Project Superintendents utilize an expanded version of I -Auditor listed on the I -Auditor App site as
the Lee Lewis Construction Template. This template is the result of a number of modifications to include the
safety issues frequently found on Company job sites. The advantage of using this safety inspection approach
is that our Project Superintendents can utilize their I -Pads to record the inspection and take photos of specific
safety issues. This inspection with photos attached can then be e-mailed to the subcontractor's supervisor on
site and also can be sent to the main office of the subcontractor so that all levels within the subcontractor's
company are alerted to the safety issue that has been identified during the inspection. Inspections conducted
by the subcontractors are also discussed at the weekly meeting.
In addition to the weekly safety inspections conducted by the Project Superintendent, The Safety, Health
and Environmental Department of Lee Lewis Construction also conducts regular and unannounced safety,
health and environmental inspections of each job site. This Department is managed by the Director of HSE
, Frank J. Call, a board Certified Safety Professional (CSP) and a Registered Professional Engineer (RE.) in
Safety from the State of Massachusetts. Mr. Call, who has managed this department for the past eleven
years, is assisted by a Safety Coordinator located in Lubbock and a Safety Coordinator in Dallas. Both Safety
Coordinators are experienced safety personnel with long experience in construction safety. This team is
further assisted by a full-time Storm Water Professional that is under contract with Lee Lewis Construction.
In addition to conducting safety, health and environmental inspections using the I -Pad and the Lee Lewis
Construction Template of I -auditor, this team also participates in pre -construction meetings and providing
safety orientations to new Company employees. The team performs regular training including Forklift,
Scaffolding, Lock-Out/Tag-Out, Confined Space, Excavation & Trenching, and 1st Aid, CPR & AED to LLCI
and to subcontractor employees on the job site. This team also furnishes safety meeting topics in English and
Spanish for the required weekly safety meeting for both LLCI and subcontractors. The team has also done
training of OSHA personnel as part of the PARTNERSHIP ALLIANCE.
The NSE team is also responsible for implementing the LLCI Drug and Alcohol Testing Program. All LLCI
employees are subject to the Company Drug/Alcohol and are tested prior to beginning work. All LLCI
employees are also subject to random testing which is conducted quarterly. Drug and Alcohol testing is
required following all reportable accidents and can be conducted for reasonable suspicion. Each member of
the HSE team is certified to perform these tests. All subcontractor employees are subject to drug and alcohol
testing while working on a LLCI job site and this is stated clearly in the contract and on signs mounted at the
entry to the LLCI job sites. These signs are in both English and Spanish.
We believe that the Lee Lewis Construction Safety and Health Program has been very successful in producing
an environment where everyone on the job participates the safety program and we further believe that this
approach has been effective when comparing our Incident Rates with the Industry averages. In 2013 which
is the latest year of the Bureau of Labor Statistics Incidence Rates, the Lee Lewis Construction rate for Total
Recordable Cases was 0.55 while the average Industry Incident Rate for Nonresidential Building Construction
was 2.7. We feel utilizing these Incidence rates paints a much more accurate picture of safety on the jobs and
RFP 17 -13410 -TF
City of Construction Manager at Risk Lee Lewis
Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13. 2017 at 2:00 PM CST
TEXASLUBBOCK I DALLAS I AUSTIN
incidence rates are a much more accurate way to judge the effectiveness of the Safety and Health program
then utilizing the Experience Modified Rating (EMR) which does not take into consideration of the differences
between a non -self -producing Contract Management Construction Company vs. a Construction Company
that self -produces some or even all of the construction work. Non -self -producing Construction Companies
do not have employees actually doing any of the hands-on work and all trade work is subcontracted out.
The EMR does not include those reported injuries of the subcontractor. In recognition of high level of safety
that Lee Lewis Construction has demonstrated on its jobs over the years and for the Company's work
with subcontractors to bring them into participation in the safety program at its job sites, CNA Insurance
Corporation, a nationwide Insurance company insuring construction contractors, awarded Lee Lewis
Construction with a Leadership Safety Award in 2009. This was the only award in Texas.
CHANGE MANAGEMENT
Managing change is an anticipated part of the construction process. Lee Lewis Construction, Inc. uses project
management software to manage the change process. Changes are generally Initiated in one of the following
ways:
Owner addition to scope of the work
Request for Information
u Changed condition
Design refinement
Lee Lewis Construction, Inc. will issue each item a Proposed Change Request number (PCR#) to track and
identify each issue. Each issue will be reviewed for cost implication, schedule impact, and if resultant change is
part of the GMP (an in -scope change), or an out -of -scope change. If it is determined by the Project Team that
a Proposed change may have an impact on either budget or schedule, Lee Lewis Construction, Inc. will work
closely with the Architect and the District to resolve the impact.
To effectively manage the Project, Lee Lewis Construction Inc. will provide the following to the Project Team:
A Project Cost Worksheet
Updated Project Schedule
Cash Flow Projections
RFI Log (Request for Information)
m PCR Log (Proposed Change Request)
A Change Order Log
The Construction Manager will:
Verify the validity of the change order requests submitted by trade contractors
n Make independent estimates of verified change order requests and make recommendations
Evaluate Owner change proposals for impact on the project budget and schedule
Make changes to project budget and schedule as per approved change orders
Lubbock
I E I A i
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
rM Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
POST CONSTRUCTION WARRANTIES AND DEFICIENCIES
Warranty support is an important service for our clients. Our approach to identifying and correcting warranty
issues gives our clients peace of mind that Lee Lewis Construction, Inc. will be there to resolve post construction
issues in a timely manner. Lee Lewis Construction, Inc. has an exclusive Post Construction Services and
Warranty Management Program.
At the conclusion of our Construction Services period and building occupancy, Lee Lewis Construction will
assign the Project Manager as the single point of contact for deficiency and warranty item notification.
TYPES OF SERVICES PROVIDED
Lee Lewis Construction offers Design Build, Construction Management, and General Contracting Services.
Our services include:
p Pre -Construction
• Building Information Modeling
• Integrated Project Delivery
Facility Commissioning
LEAN Construction Practices
» Pull Scheduling
» LEED and Sustainability Certified Buildings
TIMELINESS OF PROPOSED WORK SCHEDULE
Lee Lewis Construction will schedule the project for a timely completion. Once the project is in a schematic
is at a state that we can project the construction duration with long lead items identified we can begin to set
the duration for the Tower including move -in, occupancy and subsequent renovation of the prior municipal
building for the City of Lubbock Police Department.
RESPONSIBILITY OF EACH TEAM MEMBER
Please see each team members resume.
OFFICE LOCATION TO PERFORM THE WORK
Lubbock, Texas
'- City of
',,Lubbock
TEXAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
A D D I T I 0 N A L �N ...
APPENDIX B
drawing process/review, change order process/review, claims resolution, schedule
control, and payment process/approval.
PRE -CONSTRUCTION DIRECTOR 100%
LIZ will be the liaison during Pre -Construction
and will provide executive level management
throughout the duration of each project. She
will have daily involvement with the project from
Pre -Construction through Final Completion to
ensure that on-time completion is achieved
within budget and at a high level of quality.
CHIEF ESTIMATOR 50%
KIRK will lead all budget and estimating
milestones, constructability analysis, scope
review, generating subcontractor interest,
collecting and reviewing subcontractor bids,
formulating an agreed upon GMP and value
engineering efforts.
PROJECT MANAGER 1100%
BRANDON will coordinate all submittals, shop
drawings and as -built drawings. In addition, he
will provide assistance to Scott in monitoring
quality assurance, processing change orders
and contracts, assembling pay applications and
monitoring job site safety.
SUPERINTENDENT 1100%
SCOTT will lead all 2 -Week Look Ahead
Schedules, safety (daily and weekly walk through
and educational efforts), quality control efforts
and site management plan. In addition, he and
John will ensure appropriate manpower is on-
site for timely project completion.
MANAGER OF HEALTH, SAFETY AND
WELFARE 150%
FRANK ensures all safety and environmental
rules and regulations, as well as our Lee Lewis
Construction Safety Management Plan are
followed. He will be on-site weekly to ensure all
safety rules are practiced with all site personnel.
FIELD OPERATIONS & QUALITY
CONTROL 150%
JOHN is responsible for planning, organizing and
evaluating the construction project according
to the schedule and specifications. John will
prepare the schedules and monitor the work
progress against the alloted budget as well as
the variances in material and labor. He and
Frank will be on-site to ensure that the health
and safety regulations are adhered to.
City of
Lubbock
TEXAS
AFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
ADDMoNAL
A*` � 117 !�,,� � "fi � � Vii, ( ■ r ■
APPENDIX B X I I I
A3. Provide a statement of how the Proposer intends to address all major design disciplines
(civil architectural, structural, mechanical, plumbing, electrical, and fueling) for pre -
construction phase services.
Please refer to Section ii, Methodology
A4. Provide a statement of how the Proposer intends to meet time and budget requirements.
Please refer to Section ii, Methodology
A5. Provide a description of the Proposers company specific safety program and how long it
has been in-place.
Please refer to Section ii, Methodology
A6. Provide the following:
a. A list of current projects on which your firm is committed, the dollar volume and time
frame for each and what services are being provided (i.e., CM, CMAR, GC, etc.)
Please refer to list of current projects at the end of this section.
b. A list of all current contracts with the City of Lubbock and all those completed within
the previous five (5) year period.
• Citizens Tower ( $41,000,000 CM®Risk I Renovation Current Contract
• Emergency Operations Center $4,500,000 1 Lump Sum New Construction I Current Contract
• Fire Station No. 19 1 $2,700,000) CSP - Bid I New Construction I Completed: October 2014
• Fire Station No. 11 $4,206,000 1 CSP - Bid I New Construction I Completed: September 2016
c. Documentation of Proposer's commitment to diversity as represented by its business
strategy, business relationships, and workforce - this documentation should detail:
1. A description of the Proposer's existing programs and procedures designed to
encourage and foster commerce with business enterprises owned by minorities,
women, persons with a disability and small business enterprises.
Lee Lewis Construction, Inc. is committed to providing opportunities to minority and
women owned businesses on all of our projects. We are dedicated to contracting minority
and women owned businesses on all of our projects and have focused on developing
relationships with minority and women owned businesses across the State of Texas.
RFP 17 -13410 -TF
City of Construction Manager at Risk rp Lee Lewis
Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
f ELAS LUBBOCK I DALLAS I AUSTIN
ADDITIONAL
0- APPENDIX B X I
HUB SUBCONTRACTING PLAN OVERVIEW
Lee Lewis Construction, Inc. is committed to supporting the providing opportunities
to HUB subcontractors and material suppliers. Lee Lewis Construction, Inc. actively
supports HUB Businesses as a sponsor of the D/FW Minority Business Development
Council.
We focus on developing relationships with M/WBE firms across the State of Texas. The
following are some highlights of our efforts in strengthening M/WBE Subcontracting
opportunities.
• Adopted a position to provide opportunities to M/WBE Subcontractors on all Lee
Lewis Construction, Inc. projects regardless of whether it is required.
• Created M/WBE Coordinator responsibilities to keep focus on continual
development of relationships with M/WBE subcontractors.
• Developed a Qualifications Questionnaire for subcontractors to pre -qualify with
Lee Lewis Construction, Inc.
• Researched the GSC database in order to update and add to Lee Lewis
Construction, Inc.'s Bid Fax and Build Point computer databases.
• Assisted the following contractors in applying for HUB certification: Deerwood
Construction, Inc., Sal's Millworks, L&L Custom Cabinets, and Alvarez Concrete
Finishing.
• Counseled several HUB Subcontractors who have bid Lee Lewis Construction,
Inc. projects but did not have a contract awarded.
• Entered into a Mentor Protege Program with newly certified HUB Subcontractors
such as, CARCON Industries and Duran Industries.
HUB PLAN
Lee Lewis Construction, Inc. has developed a HUB Subcontracting Business Strategy that
provides an aggressive approach to increasing M/WBE participation with the following
components:
• Pre -Bid Conference Attendance
• HUB Solicitation
• Project Scope Review
City of
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
ADDITIONAL
0- APPENDIX B X
• Follow Up Solicitation
• Pre -Bid Activity
• Bid Evaluation/Contracting
• HUB Outreach
2. An estimate of the probable level of participation by local, disadvantaged, small,
minority, woman -owned business enterprised (DBE) in a contract awarded to the
Proposer pursuant to this RFP.
25%
61. Provide a brief, descriptive statement indicating the Proposer's approach to delivering the
services sought under the RFP for pre -construction phase and construction phase services
for this Project.
Please refer to Section ii, Methodology
B2. Provide a brief descriptive summary as to the Proposer's approach to the following items:
a. Value Analysis: Describe the process by which your firm performs value analysis so
as to achieve an appropriate balance between costs and function. Provide a sample
value analysis report from one (1) of the projects listed in A .2 above.
Lee Lewis Construction, Inc. has an experienced Pre-Construction/Estimating team who
offers value analyses to the Owner and Design Team of a project. The analysis consists of
an estimated cost of multiple systems or construction methods prior to construction. These
options allows the Owner and Design Team to incorporate the best design option, both
economically and aesthetically.
The projects listed above in A.2 are projects that were similar in scope and size, and value
analysis reports were not applicable; however, LLCI has extensive knowledge in value analysis
reports. Examples of reports that we have implemented in other projects include:
» Foundation Systems
» Paving Option (asphalt vs. concrete)
» Roof Systems
» Structural Systems
_> Mechanical Systems
» Finishes (Face Brick vs. Combination of Plaster & Masonry or other stone
RFP 17 -13410 -TF
- Ci.tyof Construction Manager at Risk ffQ Lee Lewis
`Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
111AS LUBBOCK I DALLAS I AUSTIN
ADDMO ,AL
0- APPENDIX 6 SCI I I
b. Constructability Items: Identify three (3) constructability items in regard to the
projects highlights in A.2.a above and provide a brief description of your firm's approach
to these items.
Please refer to Section ii, Methodology
c. Cost Model/Estimates: provide the cost model format used on one of the projects
listed in A.2 above and describe the timing of updates during design, and summarize
how the final construction cost related to this cost model.
Please refer to the pages at the end of this section.
d. Project Tracking/Reporting: Describe your firm's approach and procedures for
project tracking and reporting, including scheduling, and accounting. Name the
software used. Provide an example of a progress report.
Please refer to Section ii, Methodology
e. Quality Control: Describe how your firm implements quality control throughout pre -
construction and construction
Please refer to Section ii, Methodology
RFP 17 -13410 -TF
City of Construction Manager at Risk Lee Lewis
;,►Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
111 A 1 LUBBOCK I DALLAS I AUSTIN
City of Lubbock
City of Lubbock, TX
Construction Manager at Risk for Consolidated Rental Car Facility at LPSIA
RFP 17 -13410 -TF
Pricing Sheet
A. PRE -CONSTRUCTION PHASE SERVICES:
Lump Sum: Five Thousand
B. CONSTRUCTION PHASE SERVICES:
Percent: Four and Ninety -Five Hundreds Percent
Dollars ($ 5.000
44 9� 2N
To Include, but not limited to:
1 ) Project Manager (on site)
2) Assistant Project Manager (on site)
3) Project Manager (off site)
4) Superintendent
5) Assistant Superintendent
6) Clerical Support
7) Project Field Engineer
8) Admin. Assistant
9) General Superintendent
10) Project Executive
11) Project Scheduler
12) Estimator
13) Safety Officer
14) Clerk of the Works
15) Surveyor
16) Other
17) Other
MATERIALS
Item
1) Field Engineering Equip
2) Field Project Office
3) Temp. Fire Extinguisher & Safety Equipment
4) Office Furniture
5) Office Supplies
6) Postage/Fed Ex/Courier
7) Misc. Document Printing/Reproduction
8) Copy Machine, Toner & Paper
9) Computers/ Printers/Networks/Software
10) Telephone, Cell Phone, Internet & Fax
Services
6/2/2017 12 57 PM
Bid RFP 17 -13410 -TF
I ])Janitorial Services
12) Misc. Small Tool & Consumables
13) Equipment Rental
14) Temporary Site Fencing
15) Project Signage
16) All Risk Builders Risk Ins.
17) CGL Insurance:
18) All other Ins. in addition to CGL
19) Contractors Bond
20) Building Permit Fees
2 1 ) Construction Equip. Freight & Ins.
22) Ind. Testing & Inspection - By Owner
23) Construction Clean-up, Dumpsters, & Haul -off
24) Final Clean-up
25) Special Testing Equip. Rental
26) Final Project Cost Certification
27) Equipment Gas/Oil
28) Security
29) Lifting/Hoisting Equipment
30) Temporary Toilets
3 1 ) Temporary Storage Trailer/Container
32) Ice and Water:
33) Vehicle Use, Mileage/Operation/Fuel
34) Temporary Water and Power Usage- By Owner
35) Taxes
36) SWPPP/Erosion Control Measure
37) Lodging/Relocation
38) Project Meals/Meetings
39) Project Related Travel Expenses
40) Other (Specify):
June 13, 2017
City of Lubbock
Attn: Marta Alvarez, Director of Purchasing and Contract Management
1625 13th Street, Room 204
Lubbock, Texas 79401
Dear Honorable Mayor and City Council:
Lee Lewis Construction, Inc. is pleased to submit our unique qualifications for Construction Manager -at -Risk
services for the Consolidated Rental Car Facility at Lubbock Preston Smith International Airport.
Lee Lewis Construction has tremendous experience with all of the components in this project, Including the
construction of International Car Rental. We have experience with parking lots, service and wash bays, and
above ground fuel stations. In addition, we have built extensive areas of Lubbock Preston Smith International
Airport and are a current lease holder. This unique combination sets us apart from other firms in that we are
extremely knowledgeable in the FAA Requirements and Rule Codes required and will innately adhere to them.
As a Lubbock based, nationally recognized construction manager, Lee Lewis Construction brings a value
to the City of Lubbock with experience in renovation and new construction budgeting and managing
construction manager -at -risk contracts with a large monetary value and successfully delivering these projects
on budget and on time. We currently have numerous projects with budget ranging from $5MIL to $150MIL.
This experience has Lee Lewis Construction ranked nationally in the Top 100 CM -at -Risk firms in the United
States. In addition, we are in the Top 20 Contractors in the State of Texas.
The services we offer for both Pre -Construction and Construction are driven to provide the best value for
the City of Lubbock. Our Pre -Construction Team is focused on providing our clients the attention to detail
required when developing budget/estimates and working with the design team on constructability of the
documents and value of materials selected. This team does not manage other projects but is dedicated to
providing the services required to deliver a sound GMP without excess contingencies.
In addition, we have proposed a dynamic experienced team in both Pre -Construction Services and
Construction Services. Our superior Pre -Construction Team is led by Liz Lonngren, AIA, CSI. Accompanying
her is Chief Estimator, Kirk Hughlett, CSI, LEED AR Kirk has tremendous experience. This team has worked
together for many years providing outstanding Pre -Construction Services.
The proposed Project Management Team will be lead by Jason Smith, CSI as Project Executive. Jason has
worked on large, complex projects and will lead the team, throughout the construction duration. Senior
Project Manager Brandon Mitchell will be the daily lead for the project.
City of
►Lubbock
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
Our field leadership team will consist of Scott Metzker, a superintendent who will sequence the construction
for on time delivery to the City of Lubbock at Lubbock Preston Smith International Airport His experience is
second to none and he exemplifies professionalism and work as a rare "hands-on" superintendent.
The balance of our staff includes Frank Call who leads our Environmental, Health and Safety Department and
John Givens who manages Field Operations and Quality Control. We believe it is imperative to the success of
this project to have these experienced staff members as an integral part of the team.
Please do not hesitate to contact me should there be additional questions. We look forward to providing our
construction management services to the City of Lubbock at Lubbock Preston Smith International Airport.
Sincerely,
Liz Lonngren, AIA, CSI
Executive Vice President
Lee Lewis Construction, Inc.
Lubbock
IEIAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
RIPTHODOLoGY II
Ii. A description of the methodology to be used to complete the project to include, but not be limited
to, how recommendations will be formulated and commitment of adequate appropriate resources to
the project.
PROPOSED METHODOLOGY TO COMPLETE THE WORK
Lee Lewis Construction's methods and procedures by which we will successfully provide Pre -Construction
Services and Construction Services include:
» Pre -Construction Services
» Scope Optimization and Value Engineering
» Constructability Advice
» GMP Development
» Change Management
» Challenges
Post Construction Warranties and Deficiencies
PRE -CONSTRUCTION SERVICES
Lee Lewis Construction, Inc. has an in-house Pre -Construction department that has a plethora of resources for
providing comprehensive Pre -Construction Services tailored specifically for the project. Lee Lewis Construction,
Inc.'s approach to Pre -Construction Services is to serve both the Owner and the design team as a source of
accurate information from which educated decisions can be made concerning the project's cost, quality level,
and schedule.
During the Pre -Construction Phase we will:
Review the program
» Examine the site
Continuously review the design documents
» Assist in preparation of 'front-end' specifications and proposal forms
Perform Constructability Reviews
» Identify potential vendors and subcontractors
» Recommend and assist in preparation of 'bid packages'
» Build the schedule
» Provide cost analyses of differing building systems for comparison
We do this in the spirit of partnering and maintain an open book approach to communication and information
sharing. We are committed to making decisions with the project's best interests in mind, not on what's easiest
for Lee Lewis Construction. We assign strong leadership to the Pre -Construction team so that the City of
Lubbock can reap the benefits a successful pre -construction phase has to offer.
of
Lubbcity ock
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13. 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
0- E�ETHoDoLoGv II
SCOPE OPTIMIZATION AND VALUE ENGINEERING
Our goal is to derive maximum value for City of Lubbock by developing alternatives and exploring methods of
construction that can save money while maintaining or improving quality. We will do this while respecting critical
design elements and the timeliness of suggestions. The Pre -Construction phase of a project is in some ways
as critical as construction itself. During pre -construction, Lee Lewis Construction, Inc. will work to optimize the
scope of the work allowed by the budget through accurate cost estimating, review of design details and value
engineering review and research.
A benefit to City of Lubbock is the experience Lee Lewis Construction, Inc. has gained by the successful
completion of numerous municipal projects in the past which are similar in scope and size to your projects. This
experience will bring to the team knowledge in various construction systems and details to include sequencing
of construction and current pricing of these various construction components. The experience gained through
the implementation of the varied designs increases Lee Lewis Construction's effectiveness in analyzing the
design for cost efficiency and constructability.
Value Engineering is an important process to every project as it affords the Owner an additional opportunity to
reduce the potential cost of the facilities while weighing the initial cost against the long-term benefit of proposed
systems. Value Engineering is a 'value-added' process that enables scope optimization.
(GMP) DEVELOPMENT
The development of the GMP begins with the initial review of the proposed design. During the schematic
design or preliminary phase, Lee Lewis Construction, Inc. will prepare a conceptual cost estimate coupled
with an estimate narrative to outline design assumptions and construction conditions. With the development
of the GMP, Lee Lewis Construction will prepare a construction schedule to establish time frames and project
milestone dates.
During the development of the GMP, the following activities will be initiated:
Development of GMP Estimate
Narratives outlining all assumptions made for each phase of work
» Prepare Construction Schedule establishing Project Milestones
u Prepare list of possible alternates to allow for Scope Optimization
Involve potential local, regional and national subcontractors and suppliers for GMP pricing and schedule
impact on the delivery of materials, manpower and systems to the project site.
During the development of Bid Packages for the Work, the following activities will be Initiated:
Assist in development of specifications and plan documents including definition of scope to ensure
value during bidding process.
Assist in the development, and generation of early specific bid packages that will not only help deliver
portions of the project on time, but also avoid future escalations in pricing due to inflation.
Propose design and construction alternatives if required and analyze the effects of alternatives for cost
and delivery advantages.
� City of
'4Lubbock
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc.
LUBBOCK I DALLAS I AUSTIN
Monitor the subsequent design as it develops in order to ensure for City of Lubbock that the goals and
targets that have been set are being met.
Lee Lewis Construction, Inc. has an abundance of resources for providing comprehensive Construction Services
tailored specifically for the project. As the construction documents are completed and the subcontractor
pricing is received, Lee Lewis Construction, Inc. will schedule proposal review meetings with the apparent
low proposers to evaluate their proposals to avoid potential problems with their bids or interpretations of the
contract documents. Lee Lewis Construction will review the scope of work with the potential subcontractor to
ensure that a'complete' system is provided.
SCHEDULE, COST AND QUALITY
Lee Lewis Construction implements a detailed strategic management plan during the construction phase of the
project. This strategic plan provides controls to manage cost, quality, schedule, safety and changes.
SCHEDULE MANAGEMENT
Scheduling is often the most critical component in the Project. All project activities including: Design, Funding,
Regulatory Approvals, Purchasing, Construction and Occupancy will be developed and tracked on the Master
Schedule. This schedule will be used to keep all parties informed of the Project's progress will keep all members
of the team on schedule.
Lee Lewis Construction, Inc. begins building a schedule during the schematic design phase as the conceptual
estimates are being prepared and the project is being defined. As the Project requirements are better defined
and a GMP is being developed, the schedule is further refined and expanded.
The CPM Project Schedule will manage all aspects of the Project from award through all design phases, and
bid packages for the various projects. As the sub -bid packages are awarded, the Project Schedule will be
reviewed with subcontractors to make certain the schedule reflects their project requirements. The CPM Project
Schedule can then become a mutually agreed upon document for the Project Team. As the Project progresses,
the schedule is updated regularly to reflect and monitor job progress.
Lee Lewis Construction believes it is paramount that the Construction Manager control the schedule and
provide constant direction and monitoring of trade contractors and vendors throughout the Project. The primary
scheduling tool Lee Lewis Construction uses to ensure timely completion of a project is development of Critical
Path Method (CPM) Schedule. Lee Lewis Construction uses Primavera Contractor, a premier construction
scheduling software, to develop the project schedule. From this Master CPM Schedule, other scheduling tools
such as Look-Aheads, Fragmented Network Schedules (Fragnets) and Task Lists are employed to manage the
schedule on a closer level. The schedule is made available to all subcontractors and vendors during the bidding
process to ensure that they can bid the project in a manner that is conducive to timely completion of the Project.
Lee Lewis Construction will incorporate and track several items in the CPM schedule that typically include: Pre -
Construction, Punch List and Close-out Activities, Start, Intermediate, and Completion Milestones, Submittal
RFP 17 -13410 -TF
K City of Construction Manager at Risk Lee Lewis
Lubbock Consolidated Rental Car Facility at LPSIA L= Construction, Inc
t t t A s Due June 13, 2017 at 2:00 PM CST
LUBBOCK i DALLAS I AUSTIN
Review Times and associated Material Lead Times, anticipated weather days and Owner activities. By
incorporating these activities in the schedule, Lee Lewis Construction manages not only construction activities,
but also indirect activities that have an impact on construction time. The schedule is updated on a bi-weekly
basis at a minimum throughout the course of the project, and each updated is carefully analyzed.
Look -Ahead Schedule - Portions of the CPM Schedule that Lee Lewis Construction uses to evaluate activities
that are in place or scheduled to begin in the near future. A two week Look -Ahead is reviewed with subcontractors
on a weekly basis throughout construction to manage the schedule at a closer level.
Lee Lewis Construction typically employs Task Lists during the final 20°x6 of a project to manage activities. The
Task List has specified activities or milestones that each subcontractor must achieve down to the day, half
day and even to the hour when required. The Task List is reviewed on a more frequent basis than any of the
scheduling tools and may even be reviewed multiple times in a day toward the end of the Project. It is a critical
tool that Lee Lewis Construction employs to maintain control of the project schedule by sequencing specific
work -flow and site management of subcontractors and trades.
Lee Lewis uses all of the tools listed above not only to maintain project schedule but also to recover from
schedule delays. It is critical to accurately update and maintain the project schedule to provide a true assessment
of whether a project (or certain portions thereof) is behind. By properly maintaining a CPM schedule and using
Look-Aheads, Lee Lewis Construction can quickly determine when Construction is not tracking as necessary.
Lee Lewis Construction will develop a Recovery Schedule that employs various techniques including:
Additional Equipment or Manpower
Overtime Work
Subcontractor Supplementation
With these scheduling methods employed, Lee Lewis Construction will finish your project on time.
COST CONTROL
Controlling cost is one of the most difficult tasks that the design and the construction industry faces today.
In the last year we have seen significant documented increases in material costs. Currently, concrete, steel,
copper and petroleum based products have had large increases, and should be constantly watched for future
announced increases. Lee Lewis Construction recommends purchasing these building components as early
as possible in the project. We have the ability to store large amounts of building products off-site. In addition
many of the suppliers are providing materials in allocations or delaying deliveries. Lee Lewis Construction has
aggressive buying power in the Texas market. With our corporate office located in Lubbock and our Dallas and
Austin regional offices we can tap into numerous industry sectors and use our purchasing power to receive
preference in material distribution.
4 Lubbity ock
iE1AS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
ETHODO'LOG" I f
Lee Lewis Construction, early on in the pre -construction phase, will compare the baseline budget established
earlier to the drawings. As the drawings become more detailed, so does the budget. Where the baseline budget
included a square foot cost for the structure, for instance, it will now include detailed quantities.
The value in this exercise is twofold:
1. You recognize an overrun in the budget early in the design when something can easily be done about it.
2. You know exactly where the budget was overrun (structure, finishes, mechanical, etc.) so that you can
value engineer the correct discipline.
During the Construction Phase, Lee Lewis Construction, Inc. controls costs by providing accurate cost estimates
in the formulation of the GMP. We utilize 'Timberline' estimating software to compile a definitive estimate in
recognized Construction Specifications Institute cost codes. Lee Lewis Construction, Inc. then tracks each cost
item through a controlled, efficient buy-out of that item. Through the use of our project management software,
'Expedition', Lee Lewis Construction, Inc. has an organized method to track each item and aggressively
manage any changes to that cost item. Cost reports are generated for review with the Project Team at regularly
scheduled meetings.
Lee Lewis Construction, Inc. maintains an extensive database of potential subcontractors and vendors to draw
from for Bid Solicitation. This extensive solicitation via e-mail and fax is in addition to advertisement through
newspapers, plan rooms, and FW Dodge Reports. Lee Lewis Construction, Inc. will ensure the best possible
coverage to potential bidders.
Upon completion of'buy-out' and award of subcontracts, the GMP will be revised to reflect the 'buy-out' status
of the project. As part of the Cost Management Program, Lee Lewis Construction, Inc. will monitor not only
expended cost, but will forecast expected cost to complete work.
QUALITY CONTROL
Quality assurance is a continuing process that Lee Lewis Construction, as the Contractor, must plan, inspect
and verify. Through submittal review, approval, pre -trade conferences, and testing, Lee Lewis Construction
will maintain a pro -active approach to Quality Assurance.
With the attention to conformance as the measure of quality during construction process, the specification of
quality requirements in the design and contract documents becomes extremely important.
The first and most important step to quality control is quality planning. For the first step of the quality control
approach Lee Lewis Construction, Inc. utilizes the following method.
• Review of the requirements outlined in the contract documents for a specific portion of the work.
• Review of the submittals and or shop drawings pertinent to that specific portion of the work.
• Submittal of the materials and shop drawings pertinent to that specific portion of the work to AS
city of
Lubbock
14XAs
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
The second step of quality control is the Preparatory Meeting. This step of the Quality Control process
consists of a meeting on-site to review the scope, submittals, means, methods of installation, and specific
requirements. The Owner's Project Manager, A/E, Testing Lab, Sub -Contractor, Construction Manager, and
Quality Control Manager are all in attendance to review and discuss any questions or concerns regarding
the installation methods and materials. This meeting is documented to verify complete understanding of the
requirements and to document attendees.
The third step of quality control is the Initial Inspection. The Initial Inspection consists of an on-site review
of the work being performed to verify compliance with the construction documents and manufacturers'
recommended methods. The parties in attendance are the Quality Control Manager, Owner's Inspector,
A/E, Sub -Contractor, and other parties wishing to witness this inspection. This inspection is documented as
compliant or non-compliant. Should any portion of the work be found non-compliant, a deficiency notice is
issued to the sub -contractor. The deficiency notice is documented and a written method of correction and
resolution of the deficiency is required by the sub -contractor within 24 hours. There is a re -inspection required
for all deficiencies to verify compliance.
The fourth step of quality control is the follow-up inspection. This inspection process is identical to the initial
inspection and can occur at any time to insure the quality of the installed work is in compliance with the
requirements.
The fifth step of quality control is the Pre -Final Inspection. Following completion of the work, the sub-
contractor is required to request a Pre -Final Inspection. Prior to requesting a Pre -Final Inspection, all
documented deficiencies must have been verified as compliant, and the sub -contractor is to have completed
its own Quality Control Inspection, and resolved all non-compliant work found during the inspection. The
Quality Control Manager will inspect the work and make a punch list for deficient or non-compliant work.
Following resolution of deficient and incomplete work, the Owner and A/E will be notified the work is ready for
Final Inspections.
The sixth step of quality control is the resolution of work items that were determined to be non-compliant or
incomplete by the Owner or A/E. All items indicated by the Final Punch List must be resolved within 30 days.
The Quality Control Manager will then request a re -inspection by the Owner and A/E.
The seventh and final step of Quality Control is warranty resolution. Lee Lewis Construction, Inc. will receive
and coordinate the distribution of warranty items received from the Owner's Facility Management. Lee Lewis
Construction, Inc. will coordinate and verify correction of warranty items and notify the Owner of resolution for
the required warranty period.
PROJECT SITE SAFETY
Lee Lewis Construction, Inc. conducts regular safety training with all company job site supervisors on
all aspects of job safety to ensure that safety risks are anticipated, recognized as early as possible, and
Lubbock
THAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee !Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
■■
METHODOL.0 Y it
controlled prior to an accident. The company pays for all safety equipment, all safety training of employees,
the correction of safety issues, and the maintenance of all safety and protective programs.
Equally important is jobsite security. Lee Lewis Construction, Inc. has an extensive security program for our
construction job sites. All personnel from Lee Lewis Construction, Inc. and our contracted subcontractors
go through an orientation program for the security plan for each project. Once they have been through the
program, they receive a hardhat badge that identifies them as approved to be on-site. Should there be a
need for security cameras on -site after work hours, we will utilize a night security program that has been
successfully implemented on several Lee Lewis Construction, Inc. job -sites.
The Lee Lewis Construction (LLCI) Safety and Health Program is based on the recognition that for a Safety
and Health Program to be successful it requires the participation of all personnel on our job sites including not
only Lee Lewis Construction employees but all subcontractors and their employees. Clearly communication is
the key to all personnel understanding and participating in this program.
At Lee Lewis Construction, Inc. (referred to in this paper the Company) communication begins with an easy
to read but fairly comprehensive written safety manual in both English and Spanish. This safety manual was
developed over a period of years working closely with the local office of OSHA through the PARTNERSHIP
ALLIANCE between OSHA and LLCI. The objective of this safety manual is to address safety problems
and issues that are commonplace on construction jobs. While these manuals do not address every detail
of each regulation, this manual was designed to meet or exceed OSHA and industry standards while being
understandable to all personnel on Company jobs. This manual is up -dated at least annually and is readily
available on all jobs sites. If there is a question regarding a safety issue that is not addressed in the Safety
Manual, all Company Project Superintendents have access to OSHA Standards via their computers or iPads
and through the Lee Lewis Construction PARTNERSHIP ALLIANCE with OSHA, all Project Superintendents
have the capability to call the local office of OSHA to discuss any safety issues that may arise on the job site.
In addition to the Safety Manual, the Company has developed HIP -POCKET safety manuals in both English
and in Spanish. These HIP -POCKET safety manuals are small enough to be carried by all personnel. These
HIP -POCKET safety manuals are condensed versions of the Safety Manual and are widely distributed on
jobs and during pre -construction meetings. All company superintendents are provided ample supplies of
these HIP -POCKET manuals for distribution to newly arriving subcontractors and their employees as the job
progresses.
In recognition that some workers on construction jobs may not have strong reading skills, the Company has
purchased and distributes booklets entitled "Basic Safety Rules for Construction" prepared by the Associated
General Contractors of America (AGC). These Basic Rules for Construction are available in both English and
in Spanish. To assist the reader in understanding these basic safety rules of construction, the AGC has used
a series of cartoon style drawings relating to the information being presented so that those workers with
limited reading skills will be more likely to understand the message. The Company has used these booklets
extensively as part of new employee orientation and training on all of its jobs.
*LubbCityock
1[11S
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc.
LUBBOCK I DALLAS I AUSTIN
ii
Since it is essential that all subcontractors understand their own responsibilities on our jobs as far as safety
is concerned, we have added to all Subcontracts a Rider explaining the subcontractor's role in maintaining
a safe work place while on our job sites. Entitled JOBSITE SAFETY REQUIREMENTS RIDER or Exhibit
"G" this rider begins by describing the overall safety responsibilities of the subcontractor while on the job
site. This description is followed by specific safety directions regarding the procedures to be followed if
the subcontractor should encounter Asbestos or Lead Paints while on the job. These directions regarding
Asbestos and Lead are followed in this Rider by Subcontractor Safety Requirements that includes the
General Safety Requirements that the subcontractor's employees are expected to follow at all times while on
the jobsite. These general jobsite safety rules for subcontractor employees are followed by specific safety
requirements of regarding Personal Protection Equipment (PPE), Fall Protection, Fire Protection, Welding &
Cutting, Electrical, Equipment & Tools, Crane Operation Safety Rules, Hazardous Materials, Confined Space
Entry, Excavation & Trenching, Lock-Out/Tag-Out and Employee Orientation/Safety Education. It should be
noted that a subcontractor representative must initial each page of Exhibit "G" and must sign a statement
at the end that confirms that the Subcontractor understands and agrees to follow all of the safety terms and
conditions in this Rider which is attached to the Subcontract.
Since we recognize that sometimes the wording of the contracts is not always transmitted to the actual
personnel working in the field and since we also recognize that the importance of the need to follow all of the
terms and conditions listed in Exhibit "G" may not have been communicated from the subcontractor's office
to the employees working at the job site, we normally have a series of Pre -construction Meetings with all of
the subcontractors who will be working on the site during the course of the job prior to the subcontractor
personnel beginning work on a project. We require that the subcontractor send their supervisors that will be
working on the project to this Pre -construction Meeting so that we can make sure that these supervisors are
fully aware of their safety responsibilities listed in Exhibit "G" and this also gives us some time to work with
those supervisors that are not familiar with these rules and requirements. Since all subcontractors do not
start at the beginning of the project, we may often be required to repeat this Pre -construction Meeting several
more times during the course of the project when new subcontractors arrive at the site.
In addition to these materials, the LLCI Safety, Health and Environmental Department also prepares, where
necessary, JOB SITE SPECIFIC CONSTRUCTION SAFETY PROGRAMS. These programs address specific
safety issues that relate to the job site such as excavation and trenching, fall protection, confined space entry,
hazardous chemicals on site including but not limited to asbestos and lead, fire protection, buried lines and
the emergency action plan for this job -site. This program is utilized during the Pre -Construction Meetings to
ensure that all incoming subcontractors are aware of the dangers that may exist on this site or that can be
expected during construction.
In recognition that communication is critical to running a safe workplace, we hold weekly meetings with all
subcontractors on site and safety issues are an important part of these weekly meetings. Construction is very
dynamic with changing conditions occurring frequently and these weekly meetings allow the various trades to
discuss issues that will affect other trades including those issues that could affect the safety of those working
nearby. This meeting also allows look ahead scheduling to presented to all subcontractors working on site
which enables all subcontractors to plan their work so that they can limit the effect of their activities on others.
RFP 17-1F Lee Lewis
City of Construction Manageranagerat Risk FO
eLubbock Consolidated Renta Car Facility at Construction, Inc
Due June 13, 2017 at 2:00 PM CSTST
TEAS LUBBOCK I DALLAS I AUSTIN
In order to keep focused on the ever changing conditions on a construction job site, all subcontractors and
the Lee Lewis Construction Project Superintendent are required to perform safety inspections on a weekly
basis. Our Project Superintendents utilize an expanded version of I -Auditor listed on the I -Auditor App site as
the Lee Lewis Construction Template. This template is the result of a number of modifications to include the
safety issues frequently found on Company job sites. The advantage of using this safety inspection approach
is that our Project Superintendents can utilize their I -Pads to record the inspection and take photos of specific
safety issues. This inspection with photos attached can then be e-mailed to the subcontractor's supervisor on
site and also can be sent to the main office of the subcontractor so that all levels within the subcontractor's
company are alerted to the safety issue that has been identified during the inspection. Inspections conducted
by the subcontractors are also discussed at the weekly meeting.
In addition to the weekly safety inspections conducted by the Project Superintendent, The Safety, Health
and Environmental Department of Lee Lewis Construction also conducts regular and unannounced safety,
health and environmental inspections of each job site. This Department is managed by the Director of HSE
, Frank J. Call, a board Certified Safety Professional (CSP) and a Registered Professional Engineer (P.E.) in
Safety from the State of Massachusetts. Mr. Call, who has managed this department for the past eleven
years, is assisted by a Safety Coordinator located in Lubbock and a Safety Coordinator in Dallas. Both Safety
Coordinators are experienced safety personnel with long experience in construction safety. This team is
further assisted by a full-time Storm Water Professional that is under contract with Lee Lewis Construction.
In addition to conducting safety, health and environmental inspections using the I -Pad and the Lee Lewis
Construction Template of I -auditor, this team also participates in pre -construction meetings and providing
safety orientations to new Company employees. The team performs regular training including Forklift,
Scaffolding, Lock-Out/Tag-Out, Confined Space, Excavation & Trenching, and 1st Aid, CPR & AED to LLCI
and to subcontractor employees on the job site. This team also furnishes safety meeting topics in English and
Spanish for the required weekly safety meeting for both LLCI and subcontractors. The team has also done
training of OSHA personnel as part of the PARTNERSHIP ALLIANCE.
The HSE team is also responsible for implementing the LLCI Drug and Alcohol Testing Program. All LLCI
employees are subject to the Company Drug/Alcohol and are tested prior to beginning work. All LLCI
employees are also subject to random testing which is conducted quarterly. Drug and Alcohol testing is
required following all reportable accidents and can be conducted for reasonable suspicion. Each member of
the HSE team is certified to perform these tests. All subcontractor employees are subject to drug and alcohol
testing while working on a LLCI job site and this is stated clearly in the contract and on signs mounted at the
entry to the LLCI job sites. These signs are in both English and Spanish.
We believe that the Lee Lewis Construction Safety and Health Program has been very successful in producing
an environment where everyone on the job participates the safety program and we further believe that this
approach has been effective when comparing our Incident Rates with the Industry averages. In 2013 which
is the latest year of the Bureau of Labor Statistics Incidence Rates, the Lee Lewis Construction rate for Total
Recordable Cases was 0.55 while the average Industry Incident Rate for Nonresidential Building Construction
was 2.7. We feel utilizing these Incidence rates paints a much more accurate picture of safety on the jobs and
RFP 17-13410-TF
City of Construction Manager at Risk Lee Lewis
4LIubbkk
Consolidated Rental Car Facility at LPSIA Construction, Inc
Due June 13. 2017 at 2:00 PM CST
7131S Due
I DALLAS I AUSTIN
incidence rates are a much more accurate way to judge the effectiveness of the Safety and Health program
then utilizing the Experience Modified Rating (EMR) which does not take into consideration of the differences
between a non -self -producing Contract Management Construction Company vs. a Construction Company
that self -produces some or even all of the construction work. Non -self -producing Construction Companies
do not have employees actually doing any of the hands-on work and all trade work is subcontracted out.
The EMR does not include those reported injuries of the subcontractor. In recognition of high level of safety
that Lee Lewis Construction has demonstrated on its jobs over the years and for the Company's work
with subcontractors to bring them into participation in the safety program at its job sites, CNA Insurance
Corporation, a nationwide insurance company insuring construction contractors, awarded Lee Lewis
Construction with a Leadership Safety Award in 2009. This was the only award in Texas.
CHANGE MANAGEMENT
Managing change is an anticipated part of the construction process. Lee Lewis Construction, Inc. uses project
management software to manage the change process. Changes are generally initiated in one of the following
ways:
» Owner addition to scope of the work
Request for Information
u Changed condition
Design refinement
Lee Lewis Construction, Inc. will issue each item a Proposed Change Request number (PCR#) to track and
identify each issue. Each issue will be reviewed for cost implication, schedule impact, and if resultant change is
part of the GMP (an in -scope change), or an out -of -scope change. If it is determined by the Project Team that
a Proposed change may have an impact on either budget or schedule, Lee Lewis Construction, Inc. will work
closely with the Architect and the District to resolve the impact.
To effectively manage the Project, Lee Lewis Construction Inc. will provide the following to the Project Team:
p Project Cost Worksheet
Updated Project Schedule
n Cash Flow Projections
RFI Log (Request for Information)
X PCR Log (Proposed Change Request)
n Change Order Log
The Construction Manager will:
» Verify the validity of the change order requests submitted by trade contractors
Make independent estimates of verified change order requests and make recommendations
Evaluate Owner change proposals for impact on the project budget and schedule
A Make changes to project budget and schedule as per approved change orders
LubCity bock
TI113
RFP 1 7 -1 341 0 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
19 Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
ii
POST CONSTRUCTION WARRANTIES AND DEFICIENCIES
Warranty support is an important service for our clients. Our approach to identifying and correcting warranty
issues gives our clients peace of mind that Lee Lewis Construction, Inc. will be there to resolve post construction
issues in a timely manner. Lee Lewis Construction, Inc. has an exclusive Post Construction Services and
Warranty Management Program.
At the conclusion of our Construction Services period and building occupancy, Lee Lewis Construction will
assign the Project Manager as the single point of contact for deficiency and warranty item notification.
TYPES OF SERVICES PROVIDED
Lee Lewis Construction offers Design Build, Construction Management, and General Contracting Services.
Our services include:
A Pre -Construction
• Building Information Modeling
n Integrated Project Delivery
• Facility Commissioning
LEAN Construction Practices
» Pull Scheduling
» LEED and Sustainability Certified Buildings
TIMELINESS OF PROPOSED WORK SCHEDULE
Lee Lewis Construction will schedule the project for a timely completion. Once the project is in a schematic
is at a state that we can project the construction duration with long lead items identified we can begin to set
the duration for the Tower including move -in, occupancy and subsequent renovation of the prior municipal
building for the City of Lubbock Police Department.
RESPONSIBILITY OF EACH TEAM MEMBER
Please see each team members resume.
OFFICE LOCATION TO PERFORM THE WORK
Lubbock, Texas
City of
,,►Lubbock
Ttl►'
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
r
APPENDIX B
XIII
drawing process/review, change order process/review, claims resolution, schedule
control, and payment process/approval.
PRE -CONSTRUCTION DIRECTOR 100%
LIZ will be the liaison during Pre -Construction
and will provide executive level management
throughout the duration of each project. She
will have daily involvement with the project from
Pre -Construction through Final Completion to
ensure that on-time completion is achieved
within budget and at a high level of quality.
CHIEF ESTIMATOR 150%
KIRK will lead all budget and estimating
milestones, constructability analysis, scope
review, generating subcontractor interest,
collecting and reviewing subcontractor bids,
formulating an agreed upon GMP and value
engineering efforts.
PROJECT MANAGER 1100%
BRANDON will coordinate all submittals, shop
drawings and as -built drawings. In addition, he
will provide assistance to Scott in monitoring
quality assurance, processing change orders
and contracts, assembling pay applications and
monitoring job site safety.
SUPERINTENDENT 1009c
SCOTT will lead all 2 -Week Look Ahead
Schedules, safety (daily and weekly walk through
and educational efforts), quality control efforts
and site management plan. In addition, he and
John will ensure appropriate manpower is on-
site for timely project completion.
MANAGER OF HEALTH, SAFETY AND
WELFARE 150%
FRANK ensures all safety and environmental
rules and regulations, as well as our Lee Lewis
Construction Safety Management Plan are
followed. He will be on-site weekly to ensure all
safety rules are practiced with all site personnel.
FIELD OPERATIONS & QUALITY
CONTROL 150%
JOHN is responsible for planning, organizing and
evaluating the construction project according
to the schedule and specifications. John will
prepare the schedules and monitor the work
progress against the alloted budget as well as
the variances in material and labor. He and
Frank will be on-site to ensure that the health
and safety regulations are adhered to.
4 -, City of
;Lubbock
TEXAI
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
/4DDM'ONAL Q
APPENDIX B X
A3. Provide a statement of how the Proposer intends to address all major design disciplines
(civil architectural, structural, mechanical, plumbing, electrical, and fueling) for pre -
construction phase services.
Please refer to Section ii, Methodology
A4. Provide a statement of how the Proposer intends to meet time and budget requirements.
Please refer to Section ii, Methodology
A5. Provide a description of the Proposers company specific safety program and how long it
has been in-place.
Please refer to Section ii, Methodology
A6. Provide the following:
a. A list of current projects on which your firm is committed, the dollar volume and time
frame for each and what services are being provided (i.e., CM, CMAR, GC, etc.)
Please refer to list of current projects at the end of this section.
b. A list of all current contracts with the City of Lubbock and all those completed within
the previous five (5) year period.
• Citizens Tower j $41,000,000 CM®Risk I Renovation Current Contract
• Emergency Operations Center $4,500,000 1 Lump Sum New Construction I Current Contract
• Fire Station No. 19 1 $2,700,000) CSP - Bid I New Construction I Completed: October 2014
• Fire Station No. 11 $4,206,0001 CSP - Bid I New Construction I Completed: September 2016
c. Documentation of Proposer's commitment to diversity as represented by its business
strategy, business relationships, and workforce - this documentation should detail:
1. A description of the Proposer's existing programs and procedures designed to
encourage and foster commerce with business enterprises owned by minorities,
women, persons with a disability and small business enterprises.
Lee Lewis Construction, Inc. is committed to providing opportunities to minority and
women owned businesses on all of our projects. We are dedicated to contracting minority
and women owned businesses on all of our projects and have focused on developing
relationships with minority and women owned businesses across the State of Texas.
- ' Lubbock
SIIAS
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
APPENDIX B XI
HUB SUBCONTRACTING PLAN OVERVIEW
Lee Lewis Construction, Inc. is committed to supporting the providing opportunities
to HUB subcontractors and material suppliers. Lee Lewis Construction, Inc. actively
supports HUB Businesses as a sponsor of the D/FW Minority Business Development
Council.
We focus on developing relationships with M/WBE firms across the State of Texas. The
following are some highlights of our efforts in strengthening M/WBE Subcontracting
opportunities.
• Adopted a position to provide opportunities to M/WBE Subcontractors on all Lee
Lewis Construction, Inc. projects regardless of whether it is required.
• Created M/WBE Coordinator responsibilities to keep focus on continual
development of relationships with M/WBE subcontractors.
• Developed a Qualifications Questionnaire for subcontractors to pre -qualify with
Lee Lewis Construction, Inc.
• Researched the GSC database in order to update and add to Lee Lewis
Construction, Inc.'s Bid Fax and Build Point computer databases.
• Assisted the following contractors in applying for HUB certification: Deerwood
Construction, Inc., Sal's Millworks, L&L Custom Cabinets, and Alvarez Concrete
Finishing.
• Counseled several HUB Subcontractors who have bid Lee Lewis Construction,
Inc. projects but did not have a contract awarded.
• Entered into a Mentor Protege Program with newly certified HUB Subcontractors
such as, GARCON Industries and Duran Industries.
HUB PLAN
Lee Lewis Construction, Inc. has developed a HUB Subcontracting Business Strategy that
provides an aggressive approach to increasing M/WBE participation with the following
components:
• Pre -Bid Conference Attendance
• HUB Solicitation
• Project Scope Review
, 4' Lubbo&
Ir if lx!
RFP 17 -13410 -TF
Construction Manager at Risk
Consolidated Rental Car Facility at LPSIA
Due June 13, 2017 at 2:00 PM CST
Lee Lewis
Construction, Inc
LUBBOCK I DALLAS I AUSTIN
0
son
ADDITIONAL Wrr"P-
APPENDIX B X I I
• Follow Up Solicitation
• Pre -Bid Activity
• Bid Evaluation/Contracting
• HUB Outreach
2. An estimate of the probable level of participation by local, disadvantaged, small,
minority, woman -owned business enterprised (DBE) in a contract awarded to the
Proposer pursuant to this RFP.
25%
Bi. Provide a brief, descriptive statement indicating the Proposer's approach to delivering the
services sought under the RFP for pre -construction phase and construction phase services
for this Project.
Please refer to Section ii, Methodology
B2. Provide a brief descriptive summary as to the Proposer's approach to the following items:
a. Value Analysis: Describe the process by which your firm performs value analysis so
as to achieve an appropriate balance between costs and function. Provide a sample
value analysis report from one (1) of the projects listed in A .2 above.
Lee Lewis Construction, Inc. has an experienced Pre-Construction/Estimating team who
offers value analyses to the Owner and Design Team of a project. The analysis consists of
an estimated cost of multiple systems or construction methods prior to construction. These
options allows the Owner and Design Team to incorporate the best design option, both
economically and aesthetically.
The projects listed above in A.2 are projects that were similar in scope and size, and value
analysis reports were not applicable; however, LLCI has extensive knowledge in value analysis
reports. Examples of reports that we have implemented in other projects include:
» Foundation Systems
» Paving Option (asphalt vs. concrete)
» Roof Systems
» Structural Systems
» Mechanical Systems
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RFP 17 -13410 -TF
City of Construction Manager at Risk Lee Lewis
Lubbock Consolidated Rental Car Facility at t-PSIA Construction, Inc
Due June 13, 2017 at 2:00 PM CST
THAM LUBBOCK I DALLAS i AUSTIN
0- APPENDIX B X I 11.
b. Constructability Items: Identify three (3) constructability items in regard to the
projects highlights in A.2.a above and provide a brief description of your firm's approach
to these items.
Please refer to Section ii, Methodology
c. Cost Model/Estimates: provide the cost model format used on one of the projects
listed in A.2 above and describe the timing of updates during design, and summarize
how the final construction cost related to this cost model.
Please refer to the pages at the end of this section.
d. Project Tracking/Reporting: Describe your firm's approach and procedures for
project tracking and reporting, including scheduling, and accounting. Name the
software used. Provide an example of a progress report.
Please refer to Section ii, Methodology
e. Quality Control: Describe how your firm implements quality control throughout pre -
construction and construction
Please refer to Section ii, Methodology
RFP 17 -13410 -TF
~ City of Construction Manager at Risk rn Lee Lewis
Lubbock Consolidated Rental Car Facility at LPSIA Construction, Inc.
Due June 13, 2017 at 2:00 PM CST
711AS LUBBOCK I DALLAS I AUSTIN
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
7-7
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-231184
Date Filed:
06/30/2017
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Lee Lewis Construction, Inc.
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 17-13410-TF-
7-13410-TFConstruction Manager at Risk Services
Construction
4
Party
Name of Interested Part
Ci State, Count lace of business
City, Country (p )
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
DARLENE CHAPMAN
k* Votary Public State of Texas
J, Nlotary IN 12666245.0
„Fa My Co,ntr*sson Expires 09.17.2020 Signatur of authorized ag of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE 'D/
Sworn to nd subscribed before me, by the said (� (/�//I n 4rCik this the 90/& day of
20, to certify which, witness my hand and seal of office.
�1:.. �--� l�f`-c�yl C �I t' �� 1���:=�0 v�t � n �i (' c � � 15 � 15 } • r -•_r
Signature of officer Administering oath Printed name of officer administering oath
Title of officer administering oath
Forms Drovided by Texas Ethics Commission www. ethics. state. tx.us
Version V1 n AA3
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-231184
Date Filed:
06/30/2017
Date Acknowledged:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Lee Lewis Construction, Inc.
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP 17-13410-TF
Construction Manager at Risk Services
4 Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms nrovided by Texas Ethics Commission www.ethics.state.tx.us
Version V1.0.883
iiMCOWENSATION a Q OCCUPATIONAL MEDICAL AND DISABILI
I.OY�• LIABIIITY
COPIES OF ENOOSEM MS ARE REQUIRED
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;k.a pm h ctB ofConple.dOpenboe orbrme—L
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rANT:ADpmmueemrsA=bemewlbyRukMmgementfardelmrimumef in—AifQtly.poort.m.—efthl.
MM2�L�
:aRok Caminmm
CONTRAC7INF0
(rype.rFri.r.8 ehsengdonyfSgamoe.slSigonesrrDat�
City Connce Agenda Dow . /' CmaJ:alltinua ly. QRereue Gerwmmgl�QOnm FmMc
Ruh Mager 1 Due I — 7 I
Dw.w.(Fm.F.l.y ``Dune — 1 --d
Cay M.".Doedpart Due
Oriein.fiu Umnrtnent nerd •l.dhidunl Rommible f Lmm�ne (..trae,.rm..nd C.afrnrl (mm�lmnce:
iErer.IMr..rnrw EDI iv -6 cin L.. Cl 1, 1-1- 111., A,—,7
D'.•Nuoe1�
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TCI
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Fake 1n Preened • D Working Q Calendar Drys Not 1. E.ead Amouol: S
Odglo.l Co.lna Aa...l S
DAmenmoon QCT.ng.Omer
No. ( Ataad S No Of AmeuniS
No Of Amouai No of AaumaS
No d Amada S No of Arrant S
New CA b d Am...L• S New Contract Aeso..b S
Contract Checidi.t (M.cgpNo" r [Tager Order wAaalaab)
I bib. mdr.&W. —. rthobmxnmoE meaoMmoftbe CdyafUbbock Note NYokCdypdwynmymlallmmmwuoammeu
forth fod,vAnW- or If—umd dwdh Lege)
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fegA-7
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perfonrnd m dr property! If No, a dw Ewwo r al Complrma u (8"T75.2M
PUR Dr,M 70!6.
I -10 -XII
INSURANCE (Copies a(Z d.aabwr0 be Re9.6.M
SURANCE
COMBI(PDSIICLELIABIL111Y
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PROFESSIONAL LIABILITY
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LIABDA7Y
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General
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Q Any Aum
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ER'S RISK
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INSTALLATION FLOATER
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iiMCOWENSATION a Q OCCUPATIONAL MEDICAL AND DISABILI
I.OY�• LIABIIITY
COPIES OF ENOOSEM MS ARE REQUIRED
!Lubbock tared n. Wm.W tamed on AmdOenerd Liability on • pnn®y and mewomWny bin.
;k.a pm h ctB ofConple.dOpenboe orbrme—L
.ef—kq b m fawnefthe Cay aLabboh on allm.mages
rANT:ADpmmueemrsA=bemewlbyRukMmgementfardelmrimumef in—AifQtly.poort.m.—efthl.
MM2�L�
:aRok Caminmm
CONTRAC7INF0
(rype.rFri.r.8 ehsengdonyfSgamoe.slSigonesrrDat�
City Connce Agenda Dow . /' CmaJ:alltinua ly. QRereue Gerwmmgl�QOnm FmMc
Ruh Mager 1 Due I — 7 I
Dw.w.(Fm.F.l.y ``Dune — 1 --d
Cay M.".Doedpart Due
Oriein.fiu Umnrtnent nerd •l.dhidunl Rommible f Lmm�ne (..trae,.rm..nd C.afrnrl (mm�lmnce:
iErer.IMr..rnrw EDI iv -6 cin L.. Cl 1, 1-1- 111., A,—,7
D'.•Nuoe1�
M—Nmobc -7-rj-� j� Tia O�cecYV� rAv,0.,,
1.1—ado. far Y<.dwMmu.ds a
/Ag// e��y ar,Otthher EE tlty Cay afLLabbbeek b mac..co g vvkh^
TCI
Add— 781 -D ov hl -c n /j�[��
City 1-�VJf�� S"thP lqv J
CemW Name U1 ; br\r,)
Pb— No I. Na Find
mra.d Cason.! W g )
Fake 1n Preened • D Working Q Calendar Drys Not 1. E.ead Amouol: S
Odglo.l Co.lna Aa...l S
DAmenmoon QCT.ng.Omer
No. ( Ataad S No Of AmeuniS
No Of Amouai No of AaumaS
No d Amada S No of Arrant S
New CA b d Am...L• S New Contract Aeso..b S
Contract Checidi.t (M.cgpNo" r [Tager Order wAaalaab)
I bib. mdr.&W. —. rthobmxnmoE meaoMmoftbe CdyafUbbock Note NYokCdypdwynmymlallmmmwuoammeu
forth fod,vAnW- or If—umd dwdh Lege)
Y IffxWW.cmr kederl don de comma mdse all clam roperd by fderal orinfoal.bdn ad e:amrw orders adtbormRlmvmum
fegA-7
3 Irhe pcue —Ininseeam .n.1<es the pudrr..len., a.mparm r a gift am.I esttle. hes an enruam.nW um rmmrnt (FSA) been
perfonrnd m dr property! If No, a dw Ewwo r al Complrma u (8"T75.2M
PUR Dr,M 70!6.
I -10 -XII
REQUEST TO PURCHASE GOODS OR SERVICES & CONTRACT INFORMATION
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ptdOndeaSc—tobepwetmed Emunemomt
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Howwil this be delivm&
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E3 Maybe (E omn below) 0 Yes (Ronin below)
m
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( if the angntm —pe of wok chanes, the Atbestm Cued— man be maned)
13 The evk trrm eovrdm abtoa tmtaieb thm and be addead befve cone—'s the pwymed work.
(The umtrwty mtm -.tact thv Aahmms (twN— pnnr to privminy am' unh
p The wok Pmpred er i oor b the buildr g d.
,d— d is the repomibility of the Camnctmb follow au Woe.1-cid nd federal agolman -8-dm
wake qday and waft ditpod.
SWvme ofAahmtm Comdimm ob AMpy+wtfmdrgso C(afialy) Dm
Sign .(Faoline 13 a U-ANFp.)� b'WJRa C((rfaci(n) Doe
City lepvtmma nil obam mtew and app Al dapmfioaiomfive the Fket Se— Duma when RwAfieoom imlode rdllog amt loll., mok
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fp-AftsA-&
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City depamtms mm loam appre.d Gam 0, Doedm off F oaioe Tecmology win-apedfioliwe odude the mrdlgmatan daery ettwPakr gmetm.
eeep.ter 1tWwwre,ampla adlwaae,> aimpda Pv(Pbti+.
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FUNDING
grge A&aming t Repodtam LV. \\ I ? X-�'
Copal PrgaAa. .9301.200W cmt cmdorma 3304 AppropWd Atrovm
Available Amoam:
Cam CemmMyect No: Aaavrt Phar (Phm o only rtr capW NOJeclo)
Cort CerttralPmym No: Atoovm Phae Sam Fording:
Cam Camlpmjea No A P /F�e',�d%o�d For�dmg
Smry Pmweml Amym Sigttmee Bdga Dowty Sigaahme: - O -
GENERAL SERVICES
.Pgmb—OdaOay Eve aRailu mrcm Ntmba'
:Tam Canted of ymm(.)+ Rmewwla
4thuaOmTnme Savior? 13Ym 13 No [3-0 rate
E o acct Figtrtm Atmam lied m Bid Syne S
PROJECT NUS030L NUMBER OF DAYS FOR CONDIETM OF WORK O cdadm v [3wakag Drys
LIQUIDATED DAMAMS per Day-Artomatmum he—.au enoot ormicipmd or wuW damage fv each dry the ce.Wknon ofwerk iy
dJryed getteMy eA enfateAbk if dmrwge m imemdedb dove as a pnmJty v m 6v ®etm dthe ttmomt ofdamtge dm oay be tosambly fvasri
(IfMan1,=2 ky wtB be need)
BASIS FOR LIQUIDATED DAMA(S'S AMOUNT (If blwk, Liquidaod Da®gn 000 oo will defmdl to i25/dsy )
PUR•12(REV 2016)
W JL UPMC
Ba,d %1# Ml bk*
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